September 16, 2008

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  






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.




September 16, 2008

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

August 26, 2007   (Regular Meeting)

September 2, 2007 (Regular Meeting)

Tab 2 Approval of Clerk of Courts' Consent Agenda (Items 1 through 5)

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


Annexation Notification with copy of Ordinance 2008-15 from the City of Tavares, amending the boundaries of the City of Tavares by annexing approximately 6.82 acres located on the west side of David Walker Drive, south of Dora Avenue and rezoning the property from Lake County R-6 (Urban Residential) to City of Tavares PD (Planned Development).


Recommendation:       Acknowledge Receipt


Copies of annexation Ordinance No.’s 2008-01-02, 2008-04-12, 2008-05-16, and 2008-07-23 from the City of Groveland, extending and increasing the corporate limits of said City.


Recommendation:       Acknowledge Receipt

  4. Annual Financial Audit Report for the Fiscal Year Ended September 30, 2007 for the Greater Lakes/Sawgrass Bay Community Development District, pursuant to Section 11.45 and Section 189.418, Florida Statutes.
  5. Notice Before the Florida Public Service Commission:  Notice of Commission Service Hearing to Aqua Utilities Florida, Inc., Office of Public Counsel, Office of Attorney General, and All Other Interested Persons, Docket No. 080121-WS – Application for Increase in Water and Wastewater Rates in Alachua, Brevard, Desoto, Highlands, Lake, Lee, Marion, Orange, Palm, Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities Florida, Inc. – Issued August 27, 2008.


Hearing to be held on Friday, September 26, 2008, at 4:00 p.m., at the West Pasco County Government Center, County Commission Board Room, 7530 Little Road, New Port Richey, FL.


Recommendation:  Acknowledge Receipt

  Tab 3 Approve Budget Change Request and Unanticipated Revenue Resolutions.
  1. Budget transfer – Section 8 Fund, Department of Community Services, Housing Services Division.  Transfer $265,857 from Reserve for Operations and $40,000 from Regular Salaries to Housing Assistance Payments.  Rental Assistance payments for Section 8 were budgeted at $2,122,786.  These payments have exceeded the budget by $591,677.  Funds in the amount of $305,857 are available in Personnel Services and Reserve for Operations.  The remaining $285,820 is projected to be received from State Revenues for Rental Assistance Programs.  This amount is being appropriated on a separate resolution.  After this transfer, the balance in the Reserve for Operations account will be $0.
    2. Resolution to amend the Section 8 Fund in order to receive unanticipated revenue for Fiscal Year 2007-08 in the amount of $285,820 deposited into County Programs Revenue and provide appropriations for Housing Assistance Payments.  Unanticipated revenue will be received into the Section 8 Fund from Rental Assistance Fees.
    3. Resolution to amend the General Fund and County Fire Rescue Fund in order to receive unanticipated revenue for Fiscal Year 2007-08 in the amount of $840,783 deposited into Urban Area Security and provide appropriations for Machinery and Equipment - $807,441 (General Fund), Operating Supplies - $5,886 (County Fire Rescue Fund) and Machinery and Equipment - $27,456 (County Fire Rescue Fund).  On December 5, 2006, the Board of County Commissioners approved a Memorandum of Understanding (MOA) with the Orlando Urban Area Security Initiative (UASI) for participation in their approved funding.  Pursuant to the MOA, Lake County would receive funding and/or equipment in support of the UASI.  $807,441 in unanticipated revenue equipment has been received into the General Fund from UASI.  $33,342 in unanticipated revenue equipment has been received into the County Fire Rescue Fund from UASI.
 Tab 4Approve Budget Amendment and Change Order for Purchase Order for Department of Juvenile Justice.
Community Services
 Tab 5No action necessary - informational only. Administrative Purchase Orders to process payments under the SHIP/Affordable Housing Program.
 Tab 6Approval and signature of the FY2008-2009 State Aid to Libraries Grant Application and Agreement.
 Tab 7Approval of the transportation Standard Coordinator Contract with Creative Concepts Learning Facility, Inc.
 Tab 8Approval of Agreements which reflects the funding option which allocates 50% of the reimbursements and the full cost of automation; execution of the Agreements pending execution by affected parties and subject to County Attorney's approval; and approval of budget enhancements to the Library Services Fund.  Commission Districts 2 and 3.
Employee Services
 Tab 9Recommend approval of this addendum to the Policies and Practices Employee Manual (dated September 7, 1999) formalizing the County’s practice of immediately suspending employees without pay in severe circumstances.
 Tab 10Approval to observe December 26, 2008, and January 2, 2009, as holidays with updates to the 2008 and 2009 BCC Holiday Schedule
 Tab 11It is recommended that the Board (1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached list(s) from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
 Tab 12Recommend approval of award of RFP 08-0021 to Nodarse & Associates, Inc. for construction & repair of Monitoring Wells and Professional Geologic and Hydrogeologic Services.
 Tab 13Recommend approval of award of RFP 08-0034 to Alverez Construction Group, Inc. to provide driveway improvements at Fire Station #21.   Commission District 5.
 Tab 14Award of ITB 08-0030, Cold in Place Recycling Pavement Restoration for CR 466A to E.J. Breneman, L.P. in the amount of $726,523.20.  Commission District 1.
 Tab 15Award of ITB 08-0029, Rehabilitation of Storm Water Pipes using the Cured in Place Pipe Method (CIPP) to Insituform Technologies, Inc. in the amount of $134,235.00.  Commission District 1 and 5.
Public Safety
 Tab 16 Lake County Department of Public Safety requests approval of the renewal of an agreement with Lake Sumter Emergency Medical Services, Inc. in which Lake County reimburses them for cost of dispatch services at ten dollars ($10.00) per dispatch incident, not to exceed thirteen thousand dollars ($13,000.00) per month for Fiscal Year 2008-2009.
 Tab 17 Retroactive approval by the Lake County Board of County Commissioners for Lake County Department of Public Safety, Emergency Management Division to submit grant application information to the State for grant funds in the amount of $1,000,000 through the FY 2008 FEMA EOC Grant Program to Construct an Emergency Operations Center (EOC) and to authorize the Chairman to execute any required grant documents.
 Tab 18 Approval and execution of Hazard Mitigation Grant Program (HMGP) agreements (7) between the State of Florida, Division of Emergency Management and Lake County, Board of County Commissioners, to wind retrofit communications buildings at the various tower locations comprising the new 800 MHz Public Safety communications system. The period of performance for these agreements is June 19, 2008 through October 29, 2010.  Also, approval of Resolution.
Public Works
 Tab 19Approval and signature of Resolution to Advertise Public Hearing for Vacation Petition No. 1139 - Ted & Gail Ostrander, to vacate the entire Plat of Forest at Silver Lake, recorded in Plat Book 62, Page 34, located in Sections 9,10 & 16, Township 19 S, Range 25 E, in the Leesburg area. Commission District 1.
 Tab 20Request authorization to award #2824 Dewey Robbins Road "Part" and #2625 South Dewey Robbins Road "Part" Paving Project No. 2008-07, Bid No. 08-0031, to Art Walker Construction, Inc., in the amount of $694,992.89, and encumber and expend funds in the amount of $694,992.89 from Road Impact Fees Benefit District 4. Commission District 3.
 Tab 21Request authorization to release a performance bond in the amount of $1,992,716.00, accept a maintenance bond in the amount of $155,593.50, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and M/I Homes of Lake County, LLC and execute a resolution accepting the following roads into the County Road Maintenance System: Sweet Leaf Lane (County Road No. 5835A), Burlwood Drive (County Road No. 5835B), Muirwood Drive (County Road No. 5835C), Bronze Leaf Court (County Road No. 5835D), and Winter Oak Lane (County Road No. 5835E). Bentwood consists of 91 lots and is located in Section 2, Township 19 South, Range 25 East. Commission District 1.
 Tab 22Approval and signature of Resolution to Advertise Public Hearing for Vacation Petition No. 1137, Hartle Road Re-Alignment Project, in the Clermont area. Commission District 2.
 Tab 23Request to advertise for bids for the CR-44 Widening and Resurfacing Project No. 2009-03 at a total estimated cost of $5,466,517.00 ($5,112,517 from the Road Impact Fee Benefit District 2 Fund and $354,000 from the General Fund). Commission Districts 1, 4, and 5.
 Tab 24Approve and accept the list of public right of way deeds that have been secured in conjunction with roadway and / or stormwater projects. (Commission Districts 2, 3, 4, 5)
 Tab 25Approve the reimbursement of $603,025.00 from the Environmental Land Acquisition Bond Funds to the Renewal Sales Tax Capital Projects Fund for the County's portion of the Ferndale Preserve acquisition.
Tab 26Approval of Lease Agreement with Lake Agriculture and Youth Fair Association for the purpose of holding an annual county fair.
Tab 27Approval of Settlement Agreement in special master case of Graham, Eden Heights, LLC, dba Eden Pet Center vs. Lake County.  Commission District 5.
Tab 28Presentation and approval of the Lake County Trails Master Plan.
  A. County Attorney
Tab 29Direction from the Board regarding leasing of county-owned property by wireless telecommunications companies for the construction and operations of their facilities and/or co-location of wireless telecommunication companies for equipment and antenna space on county-owned towers.
  B. County Manager
  C. Commissioner Hill - Vice Chairman and District #1
  D. Commissioner Renick - District #2
  E. Commissioner Stivender - District #3
Tab 30Proclamation proclaiming October 5th through October 11th, 2008, as Colonial Heritage Week.
  F. Commissioner Stewart - District #4
  G. Commissioner Cadwell - Chairman and District #5
Tab 31Discussion of County Manager and County Attorney evaluations
  • Presentation by Turf and Ornamental Specialists related to the Landscape Ordinance

  • Fertilizer Ordinance


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.