BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA

REGULAR MEETING

May 05, 2009
 
COUNTY COMMISSIONERS  
Welton G. Cadwell, Chairman Cindy Hall, County Manager
Jennifer Hill, Vice Chairman Sanford A. Minkoff, County Attorney
Elaine Renick, District #2 Neil Kelly, Clerk to the Board
Jimmy Conner, District #3  
Linda Stewart, District #4  
 

 
 

DISCLAIMER
 

This booklet has been prepared for the convenience of the Board of County Commissioners in discussing matters before them. Every effort has been made to include all items to be discussed at this Board of County Commissioners meeting, however, Commissioners may add items, which are not a part of this Agenda, or items may be removed from consideration. While it has been the goal to present error-free information, we do not represent that documentation is without errors or omissions.

In addition to regular Board meetings, the Board of County Commissioners may, from time to time, schedule a workshop during which they will receive information from staff, have discussions with staff and among themselves, and then proceed to give staff direction on the subject matter being discussed unless otherwise shown on the Agenda item. These discussions and workshops do not take the place of the formal public hearing process during which any member of the public may comment and formal action is taken.

The Board and staff welcome written comments prior to workshops and other meetings. If you have comments or questions regarding the subject matter of any Board action or workshop, please deliver your written comments to appropriate County staff or mail to the Board of County Commissioners, Post Office Box 7800, Tavares, FL 32778.
 
 
 
 
 
 

ITEMIZED AGENDA
 

May 05, 2009
 
9:00 A.M. Invocation
   
  Pledge of Allegiance
 
I. AGENDA UPDATE
  Discussion regarding proposed revisions to today's Agenda.
   
II. MINUTE APPROVAL
 
  
Tab 1 Approval of the following Minutes:
 

April 7, 2009 (Regular Meeting)
   
III. CLERK OF COURT'S CONSENT AGENDA
 
     
Tab 2 Approval of Clerk of Courts' Consent Agenda (Items 1 through 8)
     
  1.

 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.

 

Recommendation:  Acknowledge Receipt

     
  2.

Copy of Ordinance 2008-14, for voluntary annexation into the City of Minneola of approximately 87.44 acres of property generally located south of Citrus Grove Road and both east and west of Grassy Lake Road, rezoning the property from County “A” (Agriculture) to “PUD” (Planned Unit Development) within the City of Minneola.

 

Recommendation:  Acknowledge Receipt

     
  3.

Certificate of Authorized Officer of Covanta Lake, Inc., for the fiscal year ended December 31, 2008, stating that Covanta Lake II, Inc. is in compliance with all indenture covenants, pursuant to Section 8.04 of the Loan Agreement dated November 1, 1988, between Covanta Lake, Inc. and Lake County.

 

Recommendation:  Acknowledge Receipt

     
  4.

CD of the Southwest Florida Water Management District’s Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2008, in compliance with Sections 373.5071 and 373.536(6), Florida Statutes; and copy of the Southwest Florida Water Management District’s Annual Local Government Financial Report for Fiscal Year 2007-2008.

 

Recommendation:  Acknowledge Receipt

     
  5.

Resolution No. 1610, from the City of Clermont, expressing its support for a referendum regarding a horseracing pari-mutuel wagering facility and cardroom with the City of Minneola.  Done and Resolved by the City Council of the City of Clermont on the 14th day of April, 2009.

 

Recommendation:  Acknowledge Receipt

     
  6.

Before the Florida Public Service Commission

Commission Conference Agenda

Tuesday, April 21, 2009, 9:30 a.m.

Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148

 

Docket No. 080632-EU – Joint petition for approval of amended territorial agreement in Sumter, Lake, Marion, Citrus and Levy Counties by Sumter Electric Cooperative, Inc. and Progress Energy Florida, Inc. (Deferred from the February 10, 2009 Commission Conference, revised recommendation filed.)

 

Recommendation:  Acknowledge Receipt

     
  7.

Before the Florida Public Service Commission

Progress Energy Florida

Docket No. 090079-EI

 

Minimum Filing Requirements

Section A – Executive Summary Schedules

Projected Test Year 2010

 

Recommendation:  Acknowledge Receipt

     
  8.

Before the Florida Public Service Commission:

In re:  Order No. PSC-05-0945-S-EI

Docket No. 050078-EI

 

Progress Energy Florida, Inc.’s Synopsis of March 20, 2009 Rate Request, in accordance with Rule 25-22.0406(4)(a), F.A.C.

 

Recommendation:  Acknowledge Receipt
   
IV. COUNTY MANAGER'S CONSENT AGENDA (Tab 3 through Tab 19)
 
   
 
Community Services
   
 Tab 3Approval to submit an electronic application for the Bureau of Justice Assistance, FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $367,790. Designate Detective Corporal Todd Rowley as the Program Contact person and Fletcher Smith as alternate program contact person designated by the Board to serve as day-to-day contact on program related matters, including completing this application, accepting the grant award, reporting and other activities related to this grant. (This Program Contact person and alternate have the ability to bind Lake County to all terms and conditions related to this grant, including report requirements.) Authorize the Chairman to sign any related documents (as may be required).
   
 Tab 4Request Board approval to receive Florida Healthy Kids Corporation award in the amount of $3,000.00 as unanticipated revenue to support Florida KidCare Outreach activities and signature approval for chairman or designee to sign contract and any support documents.
   
Employee Services
   
 Tab 5Request authorization to fill vacant Regional Branch Manager position at the Cagan Crossings Library.
   
Environmental Utilities
   
 Tab 6Approve the Funding Agreement between Lake County and the Lake County Water Authority to fund the annual maintenance of the Lake County Water Resource Atlas.
   
Procurement
   
 Tab 7It is recommended that the Board approve and execute term and supply contract to Advanced Commercial Contractors, Inc., Hewitt Contracting Company, Inc., and Cross Environmental Services, Inc. to provide demolition services throughout Lake County.
   
Public Safety
   
 Tab 8Lake County Department of Public Safety Communications Technologies Division requests approval and execution of the Fund Resolution for the 2008 UASI funding of the Mobile Communications Intel Repeater (Sustainment).
   
 Tab 9Lake County Department of Public Safety Communications Technologies Division requests approval of the Fund Resolution for the 2008 UASI P25 Overlay Migration.
   
 Tab 10Approval and execution of Modification #1 to the Agreement between Lake County and the State of Florida, Division of Emergency Management, awarding funds for the construction or improvement of the Lake County Emergency Operations Center (EOC) under Chapter 2006-71, Laws of Florida (House Bill 7121), by the Lake County Board of County Commissioners.
   
 Tab 11Approval and execution of Modification #1 to the Agreement between Lake County and the State of Florida, Division of Emergency Management, awarding funds for the construction of the Lake County Emergency Operations Center (EOC) under General Appropriation 2227A, by the Lake County Board of County Commissioners.
   
 Tab 12Lake County Department of Public Safety Communications Technologies Division requests approval of the attached Change Order for the Public Safety Interoperable Communications (PSIC) Grant Program and awarded Orlando Urban Area Security Initiative (UASI) Fund Resolution - P25 Overlay Migration funds. All funding is being provided through the PSIC Grant and UASI Grant as separate projects. No additional funds are necessary to complete the Change Order. Change Order is contingent upon approval of State of Florida PSIC Grant contract, PSIC Fund resolution, and UASI Fund Resolution agenda Items on this same agenda.
   
 Tab 13Lake County Department of Public Safety Communications Technologies Division requests Board approval of the attached State of Florida contract and Fund Resolution for the award of $3,000,000 to participate in the Public Safety Interoperable Communications (PSIC) Grant Program. No funds are necessary to complete the grant. Contract is contingent upon approval of Motorola Contract Change Order, Agenda Item on this same agenda.
   
Public Works
   
 Tab 14Approval and execution of Amendment to Interlocal between Lake County & City of Mount Dora.
   
 Tab 15Recommend approval and signature on Resolution authorizing the posting of "STOP" signs with All Way plaques on Cedarwood Wy (0163B) at the intersection of Woodcrest Wy (0163) and at the intersection of Clear Creek Cr and Woodcrest Wy, in the Four Corners area in Commissioners District 2.
   
 Tab 16Request authorization to release a performance bond in the amount of $3,591,436.92, and accept a maintenance bond in the amount of $144,324.21 as surety for a Developer’s Agreement between Lake County and Groveland BFG Lakeshore, Ltd. regarding Hartle Road. This project is located in Commission District 2.
   
 Tab 17Request authorization to release cash funds for construction of improvements in the total amount of $97,720.00 that were posted for Harbor Hills Phase 6A. Harbor Hills Phase 6A consists of 70 lots and is located in Section 13, Township 18 South, Range 24 East, Commission District 5.
   
 Tab 181. Request approval for the addition of a Dog Park in the North Lake Community Park Master Plan. 2. Request approval of installation of a chain link fence with gates Dog Park. 3. Approval to award the contract for the amount of $17,634.00 to Fence-It the low bidder located in Leesburg, FL. 4. Approval of BUA 2009-08.4 Requesting transfer of fund from PEAR Park-4006 to North Lake Community Park - Project 40002 to erect fencing.  Commission District 5.
   
Tourism
   
 Tab 19Approve and sign the Proclamation Designating May 9 – May 17, 2009 as National Tourism Week.
   
V. COUNTY ATTORNEY'S CONSENT AGENDA (Tab 20 through Tab 23)
 
  
Tab 20Approval of amendment to the lease agreement for Public Works office space located at 437 Ardice Avenue in Eustis.  Commission District 4.
  
Tab 21Approval of Progress Energy Lighting Service Contract for Sheriff’s Maintenance Facility located at 1925 East McDonald Avenue in Eustis and authorize Chairman to execute Lighting Service Contract document.  Commission District 4.
  
Tab 22Approval and execution of the Declaration of Restrictive Covenants for Phase I of the Judicial Center Expansion Project.  Commission District 3.
  
Tab 23Approval of Settlement Agreement - Big Pine Island Homeowners Association vs. Lake County.  Commission District 5.
   
VI. AWARDS
   
 

EMPLOYEE AWARDS

 

FIVE YEARS

Kevin Allen, Roads Maintenance Operator                                                      

Public Works/Road Ops/Maintenance Area II (Minneola)

 

Susan Irby, Employee Services Manager                                                                     

Employee Services & Quality Improvement

 

Katrina Spann, Right-of-Way Agent II                                                             

Public Works/Engineering/Right-of-Way

 

TEN YEARS

Philip Aldrich, Fire Lieutenant/EMT                                                                

Public Safety/Fire Rescue

 

Debbie Fore, Environmental & E-Cycling Coordinator                                                

Environmental Utilities/Slid Waste Programs

 

TWENTY YEARS

Walter Wood, Senior Hydrogeologist                                                               

Environmental Utilities/Mosquito & Aquatic Plant Management

 

TWENTY-FIVE YEARS

Susan Nies, Office Associate IV                                                                                  

Community Services/Probation Services

 

EMPLOYEE OF THE QUARTER

Ed O’Malley, Impact Fee Specialist                            

Growth Management/Development Processing

 

SUPERVISOR OF THE QUARTER

Scott Grippin, Aquatic Biologist/Supervisor

Environmental Utilities/Mosquito & Aquatic Plant Management

 
VII. PRESENTATIONS
 
  

Presentation to the 2009 “Safety-on-the-Job” Kids Poster Contest Winners in celebration of the Lake County Board of County Commissioners proclamation of May 3-9, 2009 to be North American Occupational Safety and Health Week and the proclamation of May 6, 2009 to be Occupational Safety and Health Professional Day :

 

Seth Brown, age 6 (Employee/Parent – Rebecca Brown, Office of Information Technology)

 

Gavin Heffler, age 11 (Employees/Parents – John Heffler, Department of Community Services and Cindy Heffler, Department of Environmental Utilities)

 

Tyler Marie Irby, age 5 (Employee/Parent – Susan Irby, Office of Employee Services & Quality Improvement)

 

Isbel Ohlinger, age 5 (Employee/Parent – Nadine Ohlinger, Office of Employee Services & Quality Improvement)

  
Tab 24Presentation - VolunteerLAKE overview of 1)VISTA initiatives 2) HandsOn Network/Points of Light Institute affiliation 3)The Annie E. Casey Foundation Neighboring Initiative.
   
VIII. COUNTY MANAGER'S DEPARTMENTAL BUSINESS
 
 
Conservation And Compliance
   
 Tab 25Discuss/approve recommended BCC input to Water Alliance Visioning Survey.
   
Public Safety
   
 Tab 26The Department of Public Safety requests approval for the attached Motorola Service Agreement amendment. A UASI Grant Fund Resolution is submitted separately to offset the Fiscal Impact.
   
IX. PUBLIC HEARINGS
   
  PUBLIC HEARING - 9:00 A.M. or As Soon Thereafter
 
  
Tab 27Approval of Amended Budget for FY 2008-09 to include mid-year budget amendment and approval of the resolution adopting a supplemental budget for FY 2008-09.
  
PUBLIC HEARING - 5:05 P.M. or As Soon Thereafter
  
Tab 28Approval of the Open Air Vendors in Non-Residential Zoning Districts Ordinance.
   
X. REPORTS
     
  A. County Attorney
   
  B. County Manager
   
  
Tab 29Discussion regarding a Resolution from the City of Minneola in support of a referendum for a Horseracing Pari-Mutuel Wagering Facility and Cardroom within the City of Minneola.
  
  C. Commissioner Hill - Vice Chairman and District #1
   
  D. Commissioner Renick - District #2
   
  E. Commissioner Conner - District #3
   
  F. Commissioner Stewart - District #4
   
  
Tab 30 Approval and execution of Resolution regarding Department of Health rule making in the Wekiva Study Area and providing for an effective date.
  
  G. Commissioner Cadwell - Chairman and District #5
   
  
Tab 31Approval to sign Proclamation proclaiming May 3 through May 9, 2009 as National County Government Week.
  
     
CITIZEN QUESTION AND COMMENT PERIOD
 

At this point in the meeting, the Board of County Commissioners will hear questions, comments, and concerns from the citizens of Lake County. Action will not be taken by the Board at this meeting but questions may be answered by staff or issues may be referred for appropriate staff action. If further action is necessary, the item may be placed on the agenda for further review and consideration. NOTE: Zoning or code enforcement matters which may be coming before the Board at a later date should not be discussed until such time as they come before the Board in a public hearing.
 

The County Commission reserves the right to move any Agenda item to an earlier time during the day as its schedule permits, except in the case of items and appointments that have been advertised in a newspaper for a specific time.
 
 

Pursuant to the provisions of Chapter 286, Florida Statutes, Section 286.0105, if a person decides to appeal any decision made by the County Commission with respect to any matter considered at this Commission meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record may include the testimony and evidence upon which the appeal is to be based.

 

Persons with disabilities needing assistance to participate in any of these proceeding should contact the Department of Facilities Development and Management at (352) 343-9760, 48 hours in advance of the scheduled meeting.