BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA

REGULAR MEETING

November 17, 2009
 
COUNTY COMMISSIONERS  
Welton G. Cadwell, Chairman Sanford A. Minkoff, Interim County Manager
Jennifer Hill, Vice Chairman Melanie Marsh, Acting 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
 

November 17, 2009
 
 
 
 
 
I.         STATE OF THE COUNTY PRESENTATION
 
II. AGENDA UPDATE
  Discussion regarding proposed revisions to today's Agenda.
   
III. MINUTE APPROVAL
 
  
Tab 1 Approval of the following Minutes:
 

    September 22, 2009 (Regular Meeting)

    October 6, 2009 (Regular Meeting)

    October 20, 2009 (Regular Meeting)
   
IV. CLERK OF COURT'S CONSENT AGENDA
 
     
Tab 2 Approval of Clerk of Courts' Consent Agenda (Items 1 through 7)
     
  1.

List of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the 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.

Town of Montverde audit report for Fiscal Year 2008.

 

Recommendation:  Acknowledge Receipt

     
  3.

St. Johns River Water Management District Advanced Notification of FY 2010-2011 Budget Hearings.

 

Recommendation:  Acknowledge Receipt

     
  4.

Lake County Water Authority’s Final Budget for FY 2009-2010.

 

Recommendation:  Acknowledge Receipt

     
  5.

Lake County Water Authority 2008 Annual Report and 2008-2013 Five Year Plan, in accordance with Chapter 2005-314, Laws of Florida, with cover letter.

 

Recommendation:  Acknowledge Receipt

     
  6.

Division of Forestry’s Cooperative Forestry Assistance Program and Fire Prevention’s 2008-2009 Fiscal Year Annual Report

 

Recommendation:  Acknowledge Receipt

     
  7.

Notice before the Florida Public Service Commission – In re: Request for approval of imposition of miscellaneous service charges, delinquent payment charge and meter tampering charge in Lake County, by Pine Harbour Water Utilities, LLC., Docket No. 090429-WU, Order No. PSC-09-0709-PCO-WU.

  

Recommendation: Acknowledge Receipt
   
V. COUNTY MANAGER'S CONSENT AGENDA (Tab 3 through Tab 12)
 
   
Budget
     
  Tab 3 Approve Budget Change Request
     
  1. Budget transfer – County Fire Rescue Fund, Department of Public Safety, Fire Rescue Division.  Transfer $26,513 from Reserve for Operations to Transfer – Property Appraiser.  Funds are needed to cover commissions charged by the Property Appraiser for servicing the Fire/Emergency Medical Services MSTU.  There were no commissions budgeted in prior years as Fiscal Year 2008-09 was the first year of the new MSTU and commissions are based on the prior year’s taxes levied.  Funds are available in Reserve for Operations.  After this transfer, the balance in the Reserve for Operations account will be $262,271.
       
  Tab 4 Approve budget change requests and resolution to reconcile budgeted to actual expenditures for all major object codes for Fiscal Year 2008-09 in accordance with County Policy LCC-36 and generally accepted accounting principles.
       
    1. Budget transfer – County Transportation Trust Fund, Department of Public Works.  Transfer $75,000 from Reserve for Operations to 9th Cent Gas Tax - Cities.  Resolution 1982-84 allows a 50% portion of the 9th cent gas tax revenue received to be passed on to various municipalities, divided among them on a per capita basis formula.  Revenues posted in Fiscal Year 2008-09 exceeded expectations, resulting in additional distributions to the municipalities.  Funds available in Reserve for Operations.  After this transfer, the balance in the Reserve for Operations account will be $575,028.
       
    2. Budget transfer – Parks Capital Projects Fund, Department of Public Resources, Parks and Trails Division. Transfer $4,135 from Reserve for Operations to PEAR Park - Improvements Other Than Buildings.  Expenditures initially charged to the Parks Impact Fee – Central District Fund for PEAR Park will be reclassified to the Parks Capital Projects Fund.  Funds are available in Reserve for Operations.  After this transfer, the balance in the Reserve for Operations account will be $19,428.
       
    3. Budget transfer – MSTU - Parks Section Fund, Department of Public Resources, Parks and Trails Division. Transfer $141,845 from Reserve for Contingency to Repair and Maintenance – Ferndale Preserve ($108,880), Repair and Maintenance ($30,620) and Transfer – Tax Collector ($2,345).  Expenditures initially charged to Parks Impact Fee – South District Fund for Ferndale Preserve will be reclassified to the MSTU - Parks Section Fund.  Funds are also needed for an outstanding invoice for grounds maintenance, and the transfer to the Tax Collector.  Funds available in Reserve for Contingency.  After this transfer, the balance in the Reserve for Contingency account will be $95,267.
       
    4. Budget transfer – General Fund, Property Appraiser.  Transfer $39,366 from Communications and Freight (Non-Departmental) to Communications and Freight (Property Appraiser) ($38,591) and Transfer – Property Appraiser ($775).  Transfer funds to cover additional expenses related to the printing and mailing of TRIM notices.  Additional funds are also requested to reconcile the budgeted transfer to the Property Appraiser with the actual amount transferred.
       
    5. Budget transfer – General Fund, Tax Collector.  Transfer $439,354 from Special Reserve to Transfer – Tax Collector.  The transfer is needed to cover additional commissions to the Tax Collector.  These commissions will be offset by additional excess fees returned by the Tax Collector at year’s end.  It is estimated approximately $5,000,000 in excess fees will be returned by the Tax Collector for Fiscal Year 2008-09, which is $500,000 more than originally estimated.  Pursuant to F.S. 192.091 the Board of County Commissioners is responsible for the payment of commissions from the General Fund on general ad valorem taxes and for taxes levied for the School Board.  The total amount of commissions transferred to the Tax Collector from the General Fund for Fiscal Year 2008-09 was $5,229,653 ($1,898,769 – General Ad Valorem and $3,330,884 – School Board).
       
    6. Budget transfer – General Fund, Sheriff.  Transfer $1,885,200 from Law Enforcement – Operating ($1,487,000), Jail Operations – Operating ($382,200), and Bailiff – Operating ($16,000) to Law Enforcement – Sheriff ($777), Law Enforcement – Deputies ($679,223), Jail Operations – Deputies ($1,007,100), and Bailiff – Deputies ($198,100).  The transfer is needed to reconcile budgeted to actual expenditures in the transfer to the Sheriff’s Office as outlined in a memo from the Sheriff.  No additional funds are requested, the transfer will realign already appropriated amounts.
       
    7. Budget transfer – General Fund, Supervisor of Elections.  Transfer $42,250 from Insurance to Repair and Maintenance.  A transfer is needed to cover an invoice for additional maintenance in Fiscal Year 2008-09 for the DS-200 voting machines, which replaced the Ivotronics voting machines decertified by the State of Florida in 2007.
       
    8. Resolution to amend the General Fund in order to reduce revenue for Fiscal Year 2008-09 in the amount of $77,938 from Police Services – Minneola and reduce appropriations for the disbursement of these funds.  The Lake County Sheriff’s Office has modified their agreement with the City of Minneola for law enforcement services for Fiscal Year 2008-09.
 
   
Community Services
   
 Tab 5Approval of the Agency for Persons with Disabilities Med Waiver Services Agreement for FY 09-10 and FY 10-11.
   
Growth Management
   
 Tab 6For the Board to approve and authorize the Chairman to sign the FY 2008-09 CDBG-R Partnership Agreement between the County and the City of Tavares in an amount not to exceed $24,540.00 and to direct the Growth Management Department to execute the agreement and oversee completion of the project covered in the Scope of Services.
   
Procurement
   
 Tab 7It is recommended that the Board (1) declare the items on the attached list surplus to County needs, (2) authorize the removal of all items on the attached list from the County's official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
   
Public Resources
   
 Tab 8Staff requests permission from the Board to apply for Gopher Tortoise Habitat Management Assistance from the Florida Fish and Wildlife Conservation Commission
   
 Tab 9Approval of recommended branch library closings for calendar year 2010
   
 Tab 10Adoption of the FY 09/10 Annual Plan of Service and Combined Budget for the Lake County Library System
   
Public Works
   
 Tab 11Request authorization to award the CR-437 Intersection with #4583 Wolf Branch Road and Wallick Road Extension Project No. 2010-01, Bid No. 10-0004, to Boykin Construction, Inc. in the amount of $855,580.80, and encumber and expend funds in the amount of $855,580.80 from the Road Impact Fees Benefit District 2 Fund. Commission District 4.
   
 Tab 12Approve and execute a purchase agreement with Charles E. Bosserman, III, for the purchase of a parcel of land for a water retention area, and right of way and easements for the C470/C48 Road Project in the Leesburg area (SDY01003) Commission District 3
   
VI. COUNTY ATTORNEY'S CONSENT AGENDA
 
  
Tab 13Approval of Sumter Electric Perpetual Utility Easement at Lake May Reserve (Alt Keys 1039908, 1109213, 3396162, 3672046, and 3870979) located northeast of the intersection of CR44A and North CR44A and authorize Chairman to execute Easement document.
   
VII. PRESENTATIONS
 
  
Tab 14Presentation of Proclamation proclaiming the month of November 2009 as Hospice Month in Lake County to Cheryl Rumbley, Community Relations Coordinator, Lake and Sumter Counties, Cornerstone Hospice.
  
Tab 15Presentation of GIS Day Proclamation to GIS Director Kevin Willis, recognizing November 18th, 2009 as GIS Day in Lake County.
   
VIII. COUNTY MANAGER'S DEPARTMENTAL BUSINESS
 
 
Community Services
   
 Tab 16Approve and authorize the Chairman of the Board of County Commissioners to sign the 2009-2012 Local Housing Assistance Plan reflecting corrections per the Florida Housing Finance Corporation.
   
Economic Growth And Redevelopment
   
 Tab 17Presentation by the Cadmus Group on the draft Energy Efficiency and Conservation Strategy (EECS) as part of the Energy Efficiency and Conservation Block Grant (EECBG) Program.
   
Procurement
   
 Tab 18It is recommended that the Board approve and execute a construction contract in the amount of $65,700.00 to Southern Building Services, Inc. to build a mosquito control vehicle and equipment wash station with biological recycle/discharge system in conjunction with the County's needs.
   
Public Works
   
 Tab 19Approve Amendment 1 of the Agreement between Lake County Board of County Commissioners and Florida Department of Environmental Protection, to provide financial assistance for the Hollondel Road Stormwater Retrofit Project. Commission District 3
   
 Tab 20Approve Agreement between Lake County Board of County Commissioners and Florida Department of Environmental Protection to provide financial assistance for the Dead River Stormwater Retrofit Project. - Commission District 3
   
 Tab 21Approve acceptance of Resolution 2009-008 from the Town of Howey-in-the-Hills for the E. Revels Rd. & S. Lakeshore Blvd. Preliminary Study Report dated August 10, 2009, after a brief presentation by Frank Wantanbe of Neel-Schaffer, Inc. Project # W&R08033 CD 3; BD 4
   
 Tab 22Approve entering into a Local Agency Program (LAP) agreement with FDOT for stimulus funds to replace the Picciola Bridge (CR466A) near Fruitland Park. Approve releasing funds back to FDOT available from the Stimulus Round One bidding and reallocate to Picciola Bridge Project. Recommend approval to move forward with any and all requirements associated with the construction of the Picciola Bridge. The LAP agreement will state that Lake County has to upfront the cost and be reimbursed as the project progresses.
   
IX. PUBLIC HEARINGS
   
  PUBLIC HEARING - 9:00 A.M. or As Soon Thereafter
 
  
Tab 23Approve a resolution adjusting the Fiscal Year 2009-10 budget, appropriating the balance of funding on various purchase orders from Fiscal Year 2008-09 that remained open as of September 30, 2009, as well as rebudgeting funding for grants and projects from Fiscal Year 2008-09 that remained unexpended as of September 30, 2009.
   
X. OTHER BUSINESS
 
  
Tab 24Appointment of individuals to the newly created Solid Waste Alternatives Task Force.
  
Tab 25Approval and execution of Resolution appointing a member to the Affordable Housing Advisory Committee.
   
XI. REPORTS
     
  A. County Attorney
   
  
Tab 26Approval of Stipulated Settlement Agreement in DCA vs Royal Equestrian Dev. Inc., Hayssam Elkoussa, and Lake County
  
  B. County Manager
   
  C. Commissioner Hill - Vice Chairman and District #1
   
  D. Commissioner Renick - District #2
   
  
Tab 27A Resolution that the Board of County Commissioners of Lake County proclaims November 15-21, 2009 as National Hunger and Homelessness Awareness Week.
  
  E. Commissioner Conner - District #3
   
  F. Commissioner Stewart - District #4
   
  
Tab 28Approval of a Resolution supporting the creation of a Series of Specialty License Plates to recognize the contributions of graduates of the five United States Service Academies.
  
  G. Commissioner Cadwell - Chairman and District #5
   
COMPREHENSIVE PLAN TO DIRECTLY FOLLOW THE BCC MEETING.
 
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.