March 03, 2009

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  






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.




March 03, 2009

9:00 A.M. Invocation
  Pledge of Allegiance
  Discussion regarding proposed revisions to today's Agenda.
Tab 1 Approval of the following Minutes:

     January 23, 2009 (Special Meeting)

     February 3, 2009 (Regular Meeting)

Tab 2 Approval of Clerk of Courts' Consent Agenda (Items 1 through 4)

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


Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending January 31, 2009, in the amount of $186,573.88.  Same period, last year:  $220,381.56.


Recommendation:       Acknowledgement


Copy of Ordinances from the Town of Lady Lake as follows:


Ordinance No. 2008-21 amending Ordinance 2006-41 permitting additional uses under the Planned Commercial “CP” zoning classification for certain property owned by Rhys Allen Cobb and Crisbo Holding LLC located on CR 466 within the Town of Lady Lake.


Ordinance No. 2008-26 amending the Town of Lady Lake Code of Ordinances Chapter 7 (Health and Sanitation) by adding Article IX entitled NPDES (National Pollutant Discharge Elimination System) Stormwater Illicit Discharge Regulation.


Ordinance No. 2008-28 amending the Town of Lady Lake’s Land Development Regulations, Chapter 4, Section 2 (a)(7), Section 4(c), and addition Section 9, Public School Facilities Concurrency Management System.


Ordinance No. 2008-29 amending Chapter 13 of the Town’s Code of Ordinances to provide for and find a need for library impact fees, providing for setting of library impact fee rates.


Ordinance No. 2008-30 amending Chapter 13 of the Town of Lady Lake’s Code of Ordinances to provide for and finding a need for park impact fees, and setting of park impact fee rates.


Ordinance No. 2008-33 amending the Town of Lady Lake’s Land Development Regulations (Ordinance No. 94-08); Chapter 2, Definitions and Interpretations, Section 2.


Recommendation:       Acknowledge Receipt


Copy of Ordinance 2008-021 from the City of Fruitland Park adopted on February 12, 2009, annexing approximately 1 acre of property generally located at 35117 Grays Airport Road, rezoning the property from Lake County R-1 (Rural Residential) to C-2 (General Commercial) within the city limits of Fruitland Park.


Recommendation:       Acknowledge Receipt

  Tab 3 Approve Budget Change Requests and Check Request (Direct Pay).
  1. Budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division, Road Operations Section.  Transfer $87,331 from Road Repair and Maintenance to Rentals and Leases.  On January 20, 2009, the Board of County Commissioners approved to lease four wheel loaders and four motor graders.  The total lease expenditure for eight months (February through September 2009) is $128,919.20.  There is presently $46,588 available in Rentals and Leases.  Funds need to be transferred from Road Repair and Maintenance to help cover the cost of the leases.  The Road Repair and Maintenance account presently has a balance of $1,097,862. 
    2. Budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works, Funding and Production Division.  Transfer $55,000 from the Sidewalks account to Infrastructure Right of Way.  Right of way needs to be purchased for the Picciola Road project.  The right of way purchase closing has been scheduled.  The purchase amount is not available at this time since all of the road capital was allotted to Road Operations this fiscal year.  The Sidewalks account has not been used yet this year.  It has a balance of $1.4 million which can be used for this road project without adversely affecting any sidewalk projects.
    3. Approval of request from the State Attorney’s Office for reimbursement for two positions handling the Early Intervention Case Resolution Program for the period from October 1, 2008 through September 30, 2009.  The request exceeds the County Manager’s approval limit of $25,000.  Total payment is for $87,840.00.
Community Services
 Tab 4Request the Board of County Commissioners sign the proclamation recognizing National Community Development week 2009.
 Tab 5Approval to submit Library Services and Technologies Act grant proposal.
 Tab 6Approval of the Sullivan Bosworth, LLC. Agreement to assist staff in obtaining FTA funding.
Public Works
 Tab 7Request for authorization and signature to submit modification number two to the subgrant agreement between the Division of Emergency Management and Lake County Board of County Commissioners regarding the acquisition and demolition of the Stockdill property at 11706 Lake Clair Circle.  Commission District 2.
 Tab 8Request authorization to approve and accept the attached public right of way deed that has been secured in conjunction with roadway construction; accept a maintenance bond in the amount of $184,587.91, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Rose Isle Development, LLC and Greater Lakes/Sawgrass Bay Community Development District, and execute a resolution accepting the following road into the County Road Maintenance System: Sawgrass Bay Boulevard “Part” (County Road No. 0360). Sawgrass Bay consists of 629 lots and is located in Section 14, Township 24 South, Range 26 East. Commission District 2.
Tab 9Adopt and sign the FDOT Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement.




Donald Glessner, Facilities Maintenance Coordinator                                     

Facilities & Development/Facilities Maintenance



Jeffrey Ernest Fabi, Firefighter/EMT                                                              

Public Safety/Fire Rescue


Brain Gamble, Fire Lieutenant/EMT                                                               

Public Safety/Fire Rescue


Jeffrey Hurst, Firefighter/EMT                                                                                   

Public Safety/Fire Rescue


Douglas Luce, Battalion Fire Chief                                                                 

Public Safety/Fire Rescue Administration


Brad Russ, District Resource Coordinator                                                       

Conservation & Compliance/Lake Soil & Water Conservation



Ross Pluta, Engineer III                                                                                              

Public Works/Development Review


Sheila Short, Senior Planner                                                                            

Growth Management/Zoning




Board of Adjustment

Howard B. Fox, Jr. for service from 2005-2009


Board of Building Examiners

Helen Jones for service from 1997-2009

Thomas M. Pechous for service from 2002-2009


Elder Affairs Coordinating Council

Barbara Rees for service from 2007-2009


Human Services Grant Advisory Committee

Barbara Rees for service from 2007-2009


Library Advisory Board

Dr. Terry W. Jackson for service from 2007-2009

Ivy Parks for service from 2007-2008


Tourist Development Council

Jonnie Hale for service from 2000-2008

Robert J. Zahradnik for service from 1989-2008


Transportation Alternative Funding Task Force

Bud Beucher for service from 2007-2008

Duane K. Booth for service from 2007-2008

Virgil Clark for service from 2007-2008

Ronald M. Jacobs for service from 2007-2008

Fred Johnson for service from 2007-2008

John A. Moore for service from 2007-2008

H. Bennett Walling for service from 2007-2008 





Community Services


Tab 10

Approval of the proposed changes to the LakeXpress routes.


Tab 11

Approval of the agreement with the Florida Department of Transportation so we may participate in the demonstration project of going green with public transportation.


Tab 12

Approval of amendments to Local Housing Assistance Plan (LHAP).


Economic Growth And Redevelopment


Tab 13

Approval to enter into a partnership with the City of Clermont to pay for the design, engineering, permitting and construction of a sewer line on Granville Road south of State Road 50 east of the Clermont City limit.Approval to enter into a partnership with the City of Clermont to pay for the design, engineering, permitting and construction of a sewer line on Granville Road south of State Road 50 east of the Clermont City limit and approval of the attached budget transfer.


Employee Services



         Discussion of Early-Out Program.


Growth Management


Tab 14

Discussion of request from Mr. Ableman related to refund of permit and impact fees of Magnolia Point.


Public Safety


Tab 15

The Department of Public Safety Fire Rescue Division requests approval to proceed with staffing and operation of tactical wildland-fire response units and the approval of two related budget transfers:


1.  Purchase of Paisley pumper from impact fees

2.  Realign accounts to cover anticipated overtime


Public Works


Tab 16

Staff requests approval of the Intergovernmental Management Agreement between Lake County and the St. Johns River Water Management District for the jointly-acquired portion of the Neighborhood Lakes Property.  Commission District 4.

Tab 17Appointment of individuals to upcoming vacant positions on the Historical Museum Advisory Committee to serve three-year terms beginning March 28, 2009.
  A. County Attorney
Tab 18Termination of Interest Reserve Account in connection with Covanta SunTrust loan.
  Discussion of Niagara litigation.
  B. County Manager
  C. Commissioner Hill - Vice Chairman and District #1
Tab 19Approval to sign Resolution supporting Ibini Tera.
  D. Commissioner Renick - District #2
  E. Commissioner Conner - District #3
  F. Commissioner Stewart - District #4
  G. Commissioner Cadwell - Chairman and District #5

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.