BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA

REGULAR MEETING

January 08, 2008
 


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
Debbie Stivender, 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

 

January 08, 2008

 
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:
 

November 20, 2007 (Regular Meeting)

November 27, 2007 (Regular Meeting)

December 4, 2007 (Regular Meeting)

   
III. CLERK OF COURT'S CONSENT AGENDA
 
     
Tab 2 Approval of Clerk of Courts' Consent Agenda (Items 1 through 10)
     
  1.

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.

Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending November 30, 2007, in the amount of $173,492.56.  Same period, last year:  $166,802.69. 

 

Recommendation:         Acknowledge Receipt

     
  3.

Annexation Ordinance No. 2007-P, from the City of Umatilla, extending and increasing the corporate limits of the City of Umatilla, pursuant to the provisions of Florida Statute 171.044; annexing 4.6 ± acres in the City of Umatilla for property owned by Tom Zahn and located East of SR 19, between Lake Smith Road and Jim Daugherty Road.

 

Recommendation:         Acknowledge Receipt

     
  4.

Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for December 18, 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 October 30, 2007.

 

 Recommendation:        Acknowledge Receipt

     
  5.

Letter from the City of Leesburg, pursuant to SB 1194 amending Florida Statute Chapter 171, to notify Lake County of the City’s intent to initiate annexation proceedings on a .39 acre parcel, located on the southwest corner of Suanee Avenue and Coolidge Street, with a brief description of the parcel and supplemental information.

 

The letter also notes that the public hearings for this annexation are tentatively scheduled for December 20, 2007, at 7:00 p.m. and the second reading on January 8, 2008 at 7:30 p.m., in the Eustis City Hall Commission Room, 10 North Grove Street, Eustis, Florida.

 

Recommendation:         Acknowledge Receipt  

     
  6.

Ordinances from the Town of Lady Lake, as follows:

 

Ordinance No. 2007-25, redesignating zoning classification from Lady Lake Planned Commercial (CP) to Lady Lake Planned Commercial Development (CP) for certain property owned by John and Patricia Steverding, located within the Town limits of the Town of Lady Lake, at 302 Oak Street.  Passed and ordained by the Town Commission on October 4, 2007.

 

Ordinance No. 2007-30, establishing a moratorium on processing, reviewing, considering, and approving or denying applications for Comprehensive Plan Amendments concerning residential development and applications for rezoning concerning residential development, until there is sufficient school capacity.  Passed and ordained by the Town Commission on November 15, 2007.

 

Recommendation:         Acknowledge Receipt

     
  7.

Copy of City of Umatilla’s Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006.

 

Recommendation:         Acknowledge Receipt

     
  8.

Certificate of Achievement for Excellence in Financial Reporting for Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended September 30, 2006, awarded to Lake County by Government Finance Officers Association (GFOA) of the United States and Canada for the 26th consecutive year.

 

The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

 

Recommendation:         Acknowledge Receipt

     
  9.

Notice Before the Florida Public Service Commission – In re:  Application for Staff Assisted Rate Case in Lake County by Raintree Utilities, Inc.; Docket No. 070627-WU; Order No. PSC-07-0981-PCO-WU; Issued:  December 10, 2007 - Order Granting Temporary Service Availability Charges.

 

Mediation may be available on a case-by-case basis.  If mediation is conducted, it does not affect a substantially interested person’s right to a hearing.

 

Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days, pursuant to Rule 25-22.0276, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility.  A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.060, Florida Administrative Code.  Judicial review of a preliminary, procedural or intermediate ruling or order is available, if review of the final action will not provide an adequate remedy.  Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure.

 

Recommendation:         Acknowledge Receipt

     
  10.

Annexation Ordinance 2007-24 from the City of Tavares, amending the boundaries of the City of Tavares by annexing approximately 20.83 acres located on the north side of US Hwy 441, approximately 1.5 miles west of the intersection of US Hwy 441 and Lake Shore Blvd. and 1.5 miles east of the intersection of US Hwy 441 and Radio Road, rezoning from Lake County Residential Mobile Home Rental Park (RMRP) with a Conditional Use Permit to City of Tavares Planned Development (PD), along with the annexation notification for said ordinance.

 

Recommendation:  Acknowledge Receipt

   
IV. COUNTY MANAGER'S CONSENT AGENDA (Tab 3 through Tab 23)
 
   
Budget
      
  Tab 3 Approve Budget Change Requests.
      
  1. Budget transfer – Facilities Expansion Capital Fund, Department of Facilities Development and Management.  Transfer $5,000,000 from Buildings (Project 80100 – Sheriff’s Facility) to Land (Project 80020 – Downtown Government Buildings - $1,000,000) and Buildings (Project 80020 – Downtown Government Buildings - $4,000,000).  The Fiscal Year 2008 budget included funding for a potential purchase in south Lake County for a Sheriff’s facility.  The facility was not purchased, and funding is no longer needed.  The funds will be used for costs relating to the building systems commissioning contract approved by the BCC on November 6, 2007, as well as other land and construction related costs that will be incurred.  Funds available in Buildings (Sheriff’s Facility).
       
    2. Budget transfer – Landfill Enterprise Fund, Department of Environmental Services, Solid Waste Programs Division.  Transfer $50,000 from Machinery and Equipment to Repair and Maintenance.  Funds were budgeted for baler repairs, which does not qualify as a capital expense as it will merely bring the equipment back to its original working condition.  Funds available in Machinery and Equipment.
       
    3. Budget transfer – General Fund, Constitutional Offices/Supervisor of Elections.  Transfer $44,250 from Repair and Maintenance (Project 00002) and $132,482 from Machinery and Equipment (Project 0002) to Office Supplies (Project 0002).  All Voting System Assistance funds were budgeted in Repair and Maintenance or Machinery and Equipment.  County Finance has requested that funds for the purchase of voting booths and ballot transfer bags be transferred to Office Supplies.
       
 
 Tab 4Authorize Staff to Issue a Certificate of Correction for the Shepherd of the Hills Lutheran Church that will reduce their Fiscal Year 2008 Fire Assessment from $4,046 to $2,023.  Commission District 2.
   
Community Services
   
 Tab 5Approval of proposed resolution which amends Resolution 2001-143 to provide for the Director of Lake-Sumter EMS or his or her designee to become a member of the Lake County Comprehensive Health Care Committee.
   
 Tab 6Approval of the transportation Standard Coordination Contract between the Lake County Board of County Commissioners and Easter Seals Florida, Inc.
   
 Tab 7Approve to expend funds for the Transit Development Plan.
   
Economic Growth And Redevelopment
   
 Tab 8Approval and signature on revised Master Agreement for 2008 between Economic Development of Mid-Florida, Inc. and Lake County.
   
Growth Management
   
 Tab 9Approve low and very-low income impact fee waivers as refunds to lenders on behalf of qualified individuals.  Commission Districts 1, 2, 3 and 4.
   
Procurement
   
 Tab 10It is recommended that the Board (1) declare the items on the attached lists surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign vehicle titles.
   
 Tab 11It is recommended that H.B. Walker, Inc. be awarded the On-Call Demolition of residential and commercial properties.
   
 Tab 12It is recommended that the Board approve the renewal quote from HRH/Hunt Insurance Group, Inc. to provide catastrophic inmate medical insurance from 1/10/08 through 1/10/09.
   
 Tab 13Approve the First Amendment to Moore Stephens Lovelace, P.A. and associated Budget Transfer.
   
 Tab 14Recommendation is made to award two contracts for On Call Structural Engineers, Bentley Architects and Engineers, Inc and GAI Consultants.
   
 Tab 15Recommendation for award to Mark Cook Builders, Inc. in the amount of $127,274.00 and an Owner's Contingency and Allowances of $24,101.00 to be used at the discretion of the Director of Construction Services.  Commission District 3.
   
 Tab 16FOR INFORMATION ONLY - NO ACTION REQUIRED. The Procurement Policy revisions enacted by the BCC on September 27, 2007 delegated authority to the County Manager to complete certain individual purchase actions in excess of $25,000 under "term and supply" contracts. At the BCC meeting on October 2, 2007, there was discussion regarding a need to provide information to the BCC regarding such actions for a limited period of time. The task order discussed below falls within these informational reporting parameters.
   
 Tab 17It is recommended that the board approve sole brand standardization of Craftsman tools for the Department of Public Safety to provide a standard set of tools to the Fire Stations in Lake County.
   
Public Works
   
 Tab 18Approval and authorization for Chairman to execute satisfaction of the lien for the attached one (1) road assessments.  Commission District 4.
   
 Tab 19Request authorization to release a maintenance bond in the amount of $160,263 posted for Overlook at Lake Louisa Phase I. Overlook at Lake Louisa Phase I consists of 95 lots and is located in Section 7, Township 23 South, Range 26 East. Commission District 2.
   
 Tab 20Request to advertise for bids for CR-439 Intersection with SR 44, CR-44 Intersection with Hicks Ditch Road, and Orange Avenue Intersection with Estes Road Project No. 2008-03 at an estimated cost of $1,182,000.00 from Road Impact Fees Fund, Benefit District 2, Commission District 4.
   
 Tab 21Request authorization to release a letter of credit for maintenance in the amount of $106,510.70 posted for Grand Island Ridge. Grand Island Ridge consists of 68 lots and is located in Section 31, Township 18 South, Range 26 East. Commission District 5.
   
 Tab 22Request authorization to release a maintenance bond in the amount of $22,698.40 posted for Avalon Hills. Avalon Hills consists of 16 lots and is located in Section 12, Township 23 South, Range 26 East. Commission District 2.
   
 Tab 23Request authorization to release a letter of credit for performance in the amount of $130,048.60, accept a letter of credit for maintenance in the amount of $11,809.50, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Robert C. Granger, Jr. and Mary E. Granger and execute a resolution accepting the following road into the County Road Maintenance System: Chip Drive (County Road No. 6544A). Garrett Place consists of 10 lots and is located in Section 31, Township 18 South, Range 26 East. Commission District 5.
   
V. COUNTY ATTORNEY'S CONSENT AGENDA
 
  
Tab 24Declaration of the following County owned property as surplus for the purpose of disposal; approval of the Resolution declaring the property as surplus; authorizing the donation of the property to Habitat for Humanity and approval and execution of a County Deed and any other documents necessary to transfer the property to Habitat for Humanity.  Commission District 5.
  
Tab 25 Approval to advertise ordinance amending lake County Code Chapter 2, Article IV, Division 14, entitled "Mt. Plymouth-Sorrento Planning Advisory Committee".  Commission District 4.
   
VI. AWARDS
   
 

EMPLOYEE AWARDS

 

Presentation of Award to Employees with Five Years of Service

 

Daniel Chimento, Firefighter/EMT                                                                                    

Public Safety/Fire Rescue

 

Presentation of Award to Employee with Ten Years of Services

 

Brenda Reynolds, Veterans Service Specialist                                                                  

Community Services/Veterans Services

 

Danny Miller, Fire Lieutenant/Paramedic                                                                          1

Public Safety/Fire Rescue

 

Presentation of Award to Employee with Fifteen Years of Service

 

Rene Bass, Office Associate V                                                                                    

Community Services/Agricultural Education Services/Cooperative Extension Service

 

Presentation of Award to Employee with Twenty Years of Service

 

Edward Genter, Fire Lieutenant/EMT                                                                              

Public Safety/Fire Rescue

 

James Blackwell, Fire Inspector                                                                                     

Public Safety/Fire Rescue

 

RETIREMENT

 

Robert Wood, Office Associate III

Public Safety/Animal Services

 

Gary Spires, Maintenance Worker

Public Works/Road Operations/Special Projects

   
VII. PRESENTATIONS
 
  
Tab 26Request to make a brief (15 minute) presentation to the Board of County Commissioners to present the findings of the Social Services Needs Gap Analysis of Lake County.
   
VIII. COUNTY MANAGER'S DEPARTMENTAL BUSINESS
 
 
Community Services
   
 Tab 27Approve and authorize the Chairman of the Board of County Commissioners to sign the contract between Lake County and LifeStream Behavioral Center, Inc., to provide community alcohol and mental health services and programs to the citizens of Lake County.
   
Environmental Services
   
 Tab 28Recommend Approval to Advertise the Ordinance for the creation of an Adopt-a-Lake program in the Lake Sentinel.
   
Facilities Development And Management
   
 Tab 29Discussion of site work at South Tavares and energy efficiency of construction projects.
   
Procurement
   
 Tab 30It is recommended that the First Amendment be approved by the Board of County Commissioners for aerial photography in January 2009.
   
 Tab 31Award and execute the contract with Shaw Environmental, Inc. for Engineering Services for Fuel Remediation at the Astatula Refueling Facility in the amount of $91,265.00.   Commission District 3.
   
Public Works
   
 Tab 32Decision after hearing the results of the Alfred Street Corridor Study of the long term maintenance of roadways and the ability to fund the project.   Commission District 3.
   
 Tab 33Request approval to distribute the budgeted $250,000 FY 2008 Youth Recreation Assistance Program Grant funds and provide a one time funding assistance to the City of Clermont for $150,000 for West Park construction of a new ballfield and improvements to the existing two (2) ballfields and, $40,000 for the National Training Center in Clermont for installation of recreational lighting at one soccer field. Direction is needed as to how to proceed with the remaining $60,000 balance.  Commission District 2.
   
IX. OTHER BUSINESS
 
  
Tab 34Appointment of individuals to the Elder Affairs Coordinating Council for two-year terms beginning Feb 1, 2008.
  
Tab 35Appointment of Fruitland Park Mayor Chris Bell to serve as the League of Cities representative on the Parks, Recreation and Trails Advisory Board to complete an unexpired term ending May 20, 2008 and serve a consecutive two-year term.
  
Tab 36Approval to remove Gary Clark from membership of the Lake County Children's Services Council.
   
X. REPORTS
     
  A. County Attorney
   
  B. County Manager
   
  
Tab 37Direction to staff related to amending Land Development Regulations to require an environmental assessment as part of a rezoning request.
  
  C. Commissioner Hill - Vice Chairman and District #1
   
  D. Commissioner Renick - District #2
   
  E. Commissioner Stivender - District #3
   
  
Tab 38Approval to advertise for proposed Keg Registration Ordinance.
  
  F. Commissioner Stewart - District #4
   
  G. Commissioner Cadwell - Chairman and District #5
   
  
Tab 39Board liaison appointments for Boards and Committees and approval of Tourist Development resolution.
     
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.