AMENDMENTS TO THE AGENDA

Transcription

1 MINUTES OF THE GLADES COUNTY BOARD OF COUNTY COMMISSIONERS MEETING ON TUESDAY, JUNE 9, 2009 AT 9:00 A.M. IN THE COUNTY COMMISSIONERS MEETING ROOM, GLADES COUNTY COURTHOUSE, MOORE HAVEN, FLORIDA The Glades County Board of County Commissioners met on Tuesday, June 9, 2009 at 9:00 a.m. with the following Commissioners present: Russell Echols, Chairman K.S. Butch Jones, Vice Chairman Robert Giesler Donna Storter Long Paul Beck Others present: Mary Ann Dotson, Human Resources Director Wendell Taylor, County Manager Richard Pringle, County Attorney Avant Brown, Glades County Road Superintendent Charlie Murphy, Okeechobee Radio Larry Hilton, Community Development Director Erica Villafuerte, SHIP Administrator Nena Bolan, Glades County Democrat Raoul Bataller, Hendry Glades Sunday News Dale Milita, Craig A. Smith & Associates Brenda Choban, Chief Deputy Clerk Stuart Whiddon, Glades County Sheriff Gary Ritter, SFWMD Angie Snow, Emergency Management Director David Whidden, AIM Engineering Trish Adams, CREW Renee Mergott, CREW Tracy Whirls, Executive Director EDC 18 citizens Chairman Echols called the meeting to order at 8:58 a.m. OPENING PRAYER Vice Chairman Jones gave the invocation. OPENING PLEDGE Commissioner Beck led the Pledge of Allegiance to the Flag. AMENDMENTS TO THE AGENDA Chairman Echols added Item 5A Lake Okeechobee Update by Gary Ritter to the agenda.

2 ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the amendments to the agenda. PRESENTATIONS/AWARDS 1. CREW Chairman Echols stated the Community Rehabilitation Ecumenical Workforce (CREW) had received a Humanitarian Award for Outstanding Service at the recent Governor s Hurricane Conference. He stated Renee Mergott and Trish Adams were present to accept a plaque of appreciation from the Board. He read the inscription on the plaque into the record. PUBLIC HEARINGS 2. Case Number R09-03 Sundance Farms Air Park, LLC Erica Villafuerte, Community Development Planner, stated on August 25, 2008 the Board had approved a Comprehensive Land Use Amendment to change the Future Land Use of this property from Agricultural Open and Conservation to Muse Airpark Community. She stated the applicant was now seeking a zoning change to Planned Development for the purpose of 34 residential units and private aviation facilities within an Airpark Community. She stated approval of this rezoning was consistent with the prior approvals of Future Land Use changes and the prior rezoning. She stated the Planning Commission had approved the rezoning and found the rezoning to be consistent with the Glades County Comprehensive Plan at their May 12, 2009 meeting. She stated the Planning Commission had recommended approval of the requested rezoning. She handed the Board an updated Ordinance that had not been part of the Commissioner s packets. (Exhibit A ). She explained that in Section 2 had been amended to include language to reflect the Planned Development as Exhibit B of the Master Concept Plan. She stated the Planning Commission had approved a gate house and security gate to be added to the Master Concept Plan. She stated Steve Hartzel was present to answer any questions the Board may have. Chairman Echols asked that Attorney Pringle swear in any witnesses that may wish to address this issue. He asked if there had been any ex parte communications regarding this matter by any member of the Board. Commissioner Storter Long stated she had been contacted by one of the land owners (Andy Nelson) adjoining the subject property. She stated she had requested that he prepare documentation supporting his position, however, she did not believe Mr. Nelson was present. There was no further disclosure from the Board. Attorney Pringle swore in 4 additional witnesses. Commissioner Giesler asked if any of the witnesses were in opposition to the rezoning. All of the witness stated they were present on behalf of the applicant. 2

3 Attorney Pringle asked that the testimony, application, Staff Report, and supporting documentation be made part of the record. Steve Hartzel, Pavese Law Firm, stated there appeared to be no opposition to the rezoning and no questions; therefore he would not give the presentation he had originally planned. He thanked Larry Hilton and Erica Villafuerte for their hard work in preparing the Staff Report. He asked that the Board approve the application for rezoning. Chairman Echols called for public comment. There was none. ON MOTION of Commissioner Giesler seconded by Vice Chairman Jones the Board adopted Ordinance No , approving the rezoning from Open Use Agricultural to Planned Development as requested in Case Number R09-03 Sundance Farms Air Park, LLC based on the Planning Commission and Staff recommendations. Attorney Pringle read the title of the Ordinance into the record. There being no further discussion, Chairman Echols called for the question. 3. Glades County Ten-Year Water Supply Facilities Work Plan Larry Hilton, Community Development Director, stated the South Florida Water Management District (SFWMD) had been required to adopt a Water Supply Master Plan. He stated within 18 months the County was required to also adopt a plan that was consistent with SFWMD s plan. He stated SWFMD had given the County a grant in the amount of $225, to fund the preparation of the plan. He stated the County had contracted with Johnson Engineering to prepare the Master Supply Plan. He pointed out that the population figures used throughout the report had been based on the maximum number of people allowed by the Future Land Use Map. He stated this plan was consistent with Water Management s Plan and asked that the Board approve the Ten-Year Water Supply Facilities Work Plan. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board adopted Ordinance No , approving the Glades County Ten-Year Water Supply Facilities Work Plan as presented. Vice Chairman Jones commended Mr. Hilton on the hard work he had done in preparing this plan. Chairman Echols called for public comment. There was none. Attorney Pringle read the title of the Ordinance into the record. There being no further discussion, Chairman Echols called for the question. 3

4 CONSENT AGENDA ITEMS 4. A. Approved County warrants. (Exhibit B ) General Fund : SHIP : EMS Award Grant: 1860 Solid Waste C & D : 1007 Buckhead Ridge Utility : 134 Intergovernmental Radio : B. Approved minutes of the May 12, 2009 Regular Meeting. C. Acknowledged Receipt of South Florida Water Management District s 2008 Comprehensive Annual Financial Report. D. Approved State Revenue Sharing Application for Fiscal Year 2009/ E. Adopted Resolution No amending the 2008/2009 General Fund Budget. F. SHIP Amendment Request. (Applicant #2008-Oct27 in an amount up to $25,000.00) G. SHIP Down Payment Assistance Approval. (Applicant #2009- Mar48 in the amount of $30,000.00) ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the Consent Agenda items. BUSINESS AGENDA 5A. Update on Lake Okeechobee by Gary Ritter (SWFMD) (This item was added to the agenda by amendment and heard out of order by the Board) Gary Ritter, SFWMD Director Okeechobee Service Center, stated the current average lake level was slightly over 11.7 feet. He stated the Lake was somewhat rising. He stated this year s dry season had been the driest on record since He stated there were approximately 2.7 million gallons of water entering the Lake from the Kissimmee River and Fisheating Creek. He stated approximately 3.1 million gallons of water per minute was evaporating from the Lake. He stated a new Lake operating schedule had recently been adopted. He stated the ideal stage for the Lake would be 12.5 feet during Hurricane season and no higher than 15.5 feet during the rest of the year. He stated the Corps would not allow the Lake to be any higher, if possible. He stated maintaining specific water levels in the rim canal on the north shore had been a challenge. He stated everyone had an idea of how the water levels should be managed; however they were not in agreement. He stated Water Management was looking at how they managed the lock systems and was developing new standard operating procedures. He stated S-131 was extremely important to the people in Lakeport and this was being reviewed. He explained the criteria for maintenance of this lock. He stated Water 4

5 Management liked to maintain at least 4 feet of water in each locking structure. He stated as long as the Lake water continued to rise Water Management would have no problem locking boats in and out of the structure. Commissioner Beck commented on the water from the outside of the Lake. He asked if records were kept regarding the amount of surface water coming into the Lake. Mr. Ritter stated ground water records were kept throughout the entire SFWMD region. He explained how Water Management monitored the ground water levels in the area. Commissioner Storter Long asked how the closing for repairs of the Moore Haven and Franklin locks affect Water Management s ability to discharge water in the event of a storm. Mr. Ritter stated these locks were operated by the Army Corps of Engineers and would have to get an answer from them. Chairman Echols explained that the spillways were different structures and should not affect the discharge of water. Mr. Ritter stated the Buckhead Ridge lock would remained closed until the work on the Pearce Canal was completed. Chairman Echols thanked Mr. Ritter for his presentation. 5. USDA Housing Preservation Grant Erica Villafuerte, SHIP Administrator, stated the Glades County SHIP Department would be receiving their regular allocation; however the money would be used differently. She stated the USDA Housing Preservation grant was a competitive grant which did not require matching funds. She stated the award ceiling was $100, per recipient and, if granted, would be 1 2 years in duration. ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board approved the USDA Housing Preservation Grant pre-application and authorized the Chairman to sign. 6. FEMA Emergency Food and Shelter Funds Ms. Villafuerte explained that the FEMA Emergency Food and Shelter fund was a partnership with the Social Services Department. She stated the funding was in the amount of $3, and would be used to assist with rent, mortgage and/or utilities for Glades County residents. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the Emergency Food and Shelter FEMA fund application and authorized the Chairman to sign. 5

6 7. Accept Homeless Prevention and Rapid Re-Housing Grant Ms. Villafuerte stated this was another partnership with the Social Services Department. She stated Glades County was eligible to receive funding in the amount of $21, She explained the funds would be used for homeless prevention and rapid re-housing. ON MOTION of Vice Chairman Jones seconded by Commissioner Beck the Board approved the receipt of the Homeless Prevention and Rapid Re-Housing Grant and authorized the Chairman to sign. 8. Request: Proclamation Smokey Bear Day Danny Callahan, Glades County Senior Forest Ranger, requested the Proclamation in honor of Smokey the Bear s 65 th birthday. He stated a celebration was scheduled in Moore Haven on August 8, He read the Proclamation into the record. He praised the County for their help in the prevention of forest fires. ON MOTION of Commissioner Storter Long seconded by Commissioner Giesler the Board approved the Proclamation naming August 9, 2009 as Smokey the Bear Day in Glades County. 9. Request: Muse Park Improvements County Manager Taylor stated he had been contacted by several Muse officials and Commissioner Long looking to improve the park behind the Firehouse in Muse. He stated the property was County owned. He asked the Board for approval of the improvements. Chairman Echols asked what kind of improvements would be made. Commissioner Storter Long explained that the improvements would include the clearing of debris along with an old building. ON MOTION of Commissioner Storter Long seconded by Vice Chairman Jones the Board approved work to improve the Muse Park behind the Muse Fire Station. Commissioner Giesler asked if a monetary value for the improvements needed to be in place. Commissioner Storter Long stated the Road Department may need to help with the clean up however; the costs would be minimal. 10. Request: Return Public Education Impact Fees Attorney Pringle stated the School District had requested that the County participate in the refunding of Public Education Impact fees previously paid under Glades County 6

7 Ordinance He stated he had reviewed the Ordinance and had determined that the County had collected the Public Education Impact fees and retained a 3% collection fee. The balance of the fees had been submitted to the School District and placed into a Trust Fund held by the School District. He stated this money could be transferred to the School District. Section 12 of the Ordinance governed the School Board s actions. He explained that a refund could be given if a permit was pulled and construction had not occurred for some reason. He stated the owner could request a refund within 30 days and be eligible to receive a refund minus a 5% fee (3% initially paid to the County plus 2% retained by the School District). He stated the Impact fees could also be refunded to the payer if the fees had not been used 6 years after the date of payment. He stated in both situations the request for Impact fee reimbursement would be submitted to the School District. He stated the County would be responsible for making sure that any net funds were disbursed to the School District to distribute accordingly. ON MOTION of Commissioner Storter Long seconded by Commissioner Beck the Board approved the remittal of Impact fees collected under Glades County Ordinance for Public Education as set forth in the Ordinance. 11. Catalyst Project Amendment to the Second Memorandum of Agreement Tracy Whirls, Executive Director of the Glades County Economic Development Council, explained the amendment to the Second Memorandum of Agreement. She stated the amendment adopted by the Board on July 28, 2008 had identified the Sebring Regional Airport and Commerce Park as the priority catalyst site. She stated this amendment reduced the total acreage of this site to 100 acres. With approval of this amendment she stated she would be able to move forward with the Catalyst Project. Chairman Echols stated the Board should consider putting any additional funds received from this project back into the Economic Development Council and Tourism Development Council s budgets. ON MOTION of Commissioner Storter Long seconded by Vice Chairman Jones the Board approved Amendment #1 to the Second Memorandum of Agreement between Glades County, the Governor s Office of Tourism, Trade and Economic Development and Enterprise Florida. (See Exhibit C) (Commissioner Giesler left the meeting briefly) Motion carried by 4 0 vote. (Commissioner Giesler returned to the meeting) 12. Request: Lift Burn Ban 7

8 Attorney Pringle explained that the Board had previously enacted Ordinance and Glades County Emergency Ordinance to implement a burn ban in Glades County. He stated now that the rainy season had returned, the burn ban could be relaxed until severe burn threat conditions existed again. He stated the Board could place the enforcement of the Ordinance into abeyance. ON MOTION of Commissioner Beck seconded by Commissioner Storter Long the Board approved holding in abeyance Glades County Emergency Ordinance until burn threat conditions returned and the Board reinstated the enforcement of the burn ban. Attorney Pringle stated the Ordinance would still be in effect to address emergency situations. 13. Request: Joint Glades-Hendry BOCC Meeting County Manager Taylor stated he had received a request from Hendry County to hold a joint meeting. He stated he would leave the date and time to the discretion of the Board. Chairman Echols expressed concern with the agenda content. He stated there were not a lot of issues that Hendry and Glades were working on jointly. He suggested that County Manager Taylor and Hendry County s staff wait until after the budget workshops to determine if there were issues that needed to be addressed. Commissioner Giesler and Commissioner Beck both agreed. Commissioner Storter Long suggested asking for a proposed agenda before agreeing to a date. 14. Request for Qualifications County Manager Taylor stated a Request for Qualifications (RFQ) was needed to find professional services to survey land, review plans, change plans and manage construction for a County facility. He stated he would run the advertisement as soon as possible if approved. ON MOTION of Commissioner Giesler seconded by Commissioner Storter Long the Board approved the Request for Qualifications (RFQ) for professional services including construction management. Attorney Pringle commented on the process of reviewing the responses received. CONSTITUTIONAL OFFICERS There was no discussion. 8

9 COUNTY ATTORNEY There was no discussion. COUNTY MANAGER County Manager Taylor updated the Board on the Muse Road widening and resurfacing project. He stated the project had been held up for some time because of permits. He stated the project had begun on Monday and should be completed this fall. He stated FDOT had advised that they would do the work on CR 720 from the Hendry County line (Benbow area) as far as the funds would take them. DEPARTMENT HEADS There was no discussion. PUBLIC INPUT ON NON-AGENDA ITEMS Kendall Wilson, weekend resident of Lakeport, expressed concern with the locks being closed in Lakeport. He stated the locks had always been manned, operational or left open. He stated the residents of Lakeport were being denied Lake access. Bjorn Lusth, resident of Lakeport, asked if there were any plans to put up street lights on Loop Road. He expressed concern with the darkness of the road. Chairman Echols directed Mr. Lusth to contact Commissioner Beck with his concerns. COMMISSIONERS ITEMS AND COMMENTS Commissioner Storter Long asked where the work would begin on CR 720. County Manager Taylor stated the work would begin at the Hendry County line. ADJOURNMENT ON MOTION of Commissioner Beck seconded by Vice Chairman Jones the Board moved to adjourn the meeting. Motion carried by 5-0 vote. There being no further discussion, Chairman Echols adjourned the meeting at 10:06 a.m. ATTEST: Russell Echols, Chairman 9

10 Joe Flint, Clerk of the Circuit Court Approved: July 14, 2009 THESE MINUTES ARE NOT A VERBATIM RECORD. TAPES ARE AVAILABLE FOR ANYONE INTERESTED IN LISTENING TO THE ENTIRE MEETING. 10