BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA

REGULAR MEETING

October 07, 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

 

October 07, 2008

 
8:30 A.M. Sales Surtax Advisory Committee
   
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:
 
  • August 19, 2008 (Regular Meeting)

  • September 9, 2008 (Regular Meeting)

III. CLERK OF COURT'S CONSENT AGENDA
 
     
Tab 2 Approval of Clerk of Courts' Consent Agenda (Items 1 through 14)
     
  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 August 31, 2008, in the amount of $166,334.84.  Same period, last year:  $194,145.20.

 

Recommendation:       Acknowledge Receipt

     
  3.

Deer Island Community Development District Meeting Schedule for Fiscal Year 2009.  Meetings will be held on the third Monday, at 6:00 p.m., at the Clubhouse, 18000 Eagles Way, Deer Island, Florida on the following dates:

            November 17, 2008 (Landowners Meeting)

                February 16, 2009

                May 18, 2009

                August 17, 2009

Recommendation:      Acknowledge Receipt

     
  4.

Annexation Ordinance No. 2008-21, from the City of Tavares, amending the boundaries of the City, by annexing approximately 7.95 acres, located at the northeast corner of Dora Avenue and David Walker Drive; Rezoning the property from Lake County Residential Professional (RP) to City of Tavares General Commercial (C-1).  Passed and Ordained the 3rd day of September, 2008, by the City Council of the City of Tavares, Florida.

 

Recommendation:      Acknowledge Receipt

     
  5.

Copy of Resolution 2008-10 from Estates at Cherry Lake Community Development District identifying the Fiscal Year 2008/09 meeting schedule for the Estates at Cherry Lake Community Development District, pursuant to Chapter 190, Florida Statutes.

 

Recommendation:       Acknowledge Receipt

     
  6.

Copy of Ordinance 595-M from the City of Clermont, approved at a regularly-scheduled meeting held on August 26, 2008, closing a portion of right-of-way lying south of Steveís Road and east and west of U.S. 27.

 

Recommendation:       Acknowledge Receipt

     
  7.

Notice of public meeting schedule for Fiscal Year 2009 from the Country Club of Mount Dora Community Development District, pursuant to Chapter 189 Florida Statutes, stating that meetings would be held at 8:30 a.m. at the Country Club of Mount Dora Community Center, 1400 Country Club Blvd., Mount Dora, on November 13, 2008; February 12, 2009; May 14, 2009; and August 13, 2009.

 

Recommendation:       Acknowledge Receipt

     
  8.

Before the Florida Public Service Commission

 

Docket No. 080318-GU

 

Peoples Gas System Rate Case Synopsis and copy of cover letter to Cindy Hall, County Manager, dated September 17, 2008.

 

Recommendation:       Acknowledge Receipt

     
  9.

Notices of Public Hearings for the following annexation ordinances from the City of Groveland:

 

Ordinance 2008-10-37 annexing 680.30 +/- acres of unincorporated land owned by IMG Enterprises, Inc. which is contiguous to and not embraced within the present limits of the City of Groveland.

 

Ordinance 2008-10-40 annexing 14.51 +/- acres of Lake County thereto a certain area of land contiguous to and not embraced within the present limits of the City of Groveland.

 

Recommendation:       Acknowledge Receipt

     
  10.

Notice Before the Florida Public Service Commission Ė Re:  Notice of Commission Hearing and Prehearing Conference to Utilities, Inc., Office of Public Counsel and All Other Interested Persons, Docket No. 080006-WS Ė Water and Wastewater Industry Annual Re-establishment of Authorized Range of Return on Common Equity for Water and Wastewater Utilities Pursuant to Section 367.081(4)(F), F.S.

 

Notice is hereby given that a hearing will be held before the Florida Public Service Commission in the above-referenced docket, at the following time and place:  Thursday, October 23, 2008, at 9:30 a.m., Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida.

 

Recommendation:  Acknowledge Receipt

     
  11.

Southwest Florida Water Management Districtís Fiscal Year 2009 Board Meeting Calendar and map depicting the Districtís boundaries submitted as required by Chapter 189.417, Florida Statutes.

 

Recommendation:  Acknowledge Receipt

     
  12.

Resolution No. 2008-05 identifying Fiscal Year 2008/2009 Meeting Schedule for the Cascades at Groveland Community Development District submitted pursuant to Chapter 190, Florida Statutes.

 

Recommendation:  Acknowledge Receipt

     
  13.

Resolution No. 2008-07 identifying Fiscal Year 2008/2009 Meeting Schedule for Greater Lakes/Sawgrass Bay Community, submitted pursuant to Chapter 190, Florida Statues.

 

Recommendation:  Acknowledge Receipt

     
  14.

Memorandum from the Southwest Florida Water Management District announcing Public Input Meetings for Update to Schedule for Establishment of Minimum Flows and Levels.  Public meetings have been scheduled for 6:00 p.m. on the following dates:

 

Tuesday, October 7, 2008 at the Districtís Bartow Office (170 Century Blvd.)

Tuesday, October 7, 2008 at the Brooksville Headquarters (2379 Broad Street)

Thursday, October 9, 2008 at the Districtís Tampa Office (7601 Hwy. 301 N.)

Thursday, October 9, 2008 at the Districtís Sarasota Office (6750 Fruitville Road)

 

Recommendation:  Acknowledge Receipt

   
IV. COUNTY MANAGER'S CONSENT AGENDA (Tab 3 through Tab 35)
 
   
 
Budget
   
 Tab 3Approve and authorize the Chairman to execute the attached Interlocal Agreement related to funding of State Attorney technology costs. Approve the attached budget transfer.
   
Community Services
   
 Tab 4For the Board to approve and authorize the Chairman to sign the FY 2008-09 CDBG Partnership Agreement with the Town of Lady Lake and the County in an amount not to exceed $90,900.00, granting the Town CDBG funds to resurface roads in the Skyline Hills Subdivision, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.  Commission District 5.
   
 Tab 5Request to designate LifeStream Behavioral Center as the approved drug abuse treatment/education program recipient for FY 2008/2009 using funds collected totaling $23,200 (projected amount) per Ordinance No. 2001-90 from 10/01/07 through 9/30/08 and authorize the Board Chair to sign the subsequent contract and other related documents.
   
 Tab 6For the Board to approve and authorize the Chairman to sign the FY 08-09 Partnership Agreement between the City of Tavares and the County in an amount not to exceed $90,900.00, granting the City CDBG funds to pave Hibiscus Court, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.  Commission District 3.
   
 Tab 7For the Board to approve and authorize the Chairman to sign the FY 2008-09 CDBG Partnership Agreement between the Town of Astatula and the County in an amount not to exceed $36,360.00, granting the Town CDBG funds to improve Joe Swaffar Park, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.  Commission District 3.
   
 Tab 8For the Board to approve and authorize the Chairman to sign the FY 2008-09 CDBG Partnership Agreement between the Town of Montverde and the County in an amount not to exceed $36,360.00, granting the Town CDBG funds to make improvements to Truskett Park, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.  Commission District 3.
   
 Tab 9Approve and authorize the Chairman of the Board of County Commissioners to sign the contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department contract effective 10/1/08 through 9/30/09.
   
 Tab 10BCC approve Human Service Grant Review Committee recommendation and provide funding as summarized for FY October 1, 2008 through September 30, 2009. Authorize signature by the chairman to sign subsequent contracts and other related documents contingent on County Attorney approval.
   
 Tab 11Approval of the Interlocal Agreement between the BCC and the City of Tavares to sell LakeXpress bus passes.
   
 Tab 12Approve and authorize the Chairman of the Board of County Commissioners to sign the Agreement between Lake County and We Care of Lake County, Inc. for operation of the Lake County We Care program effective 10/1/08 through 9/30/09.
   
 Tab 13Approval of the FY 2007-08 SHIP Annual Report and the FY 2007-08 Hurricane Housing Annual Report; to direct the Department of Community Services to submit both reports to the Florida Housing Finance Corporation; and to authorize the Chairman to sign the SHIP Annual Report Certification and the SHIP Regulatory Certification.
   
 Tab 14Approve 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.
   
 Tab 15Approval of budget transfer from Medicaid Hospital Account to Local Housing Trust Fund/SHIP in the amount of $35,000.
   
Employee Services
   
 Tab 16Recommend approval of addendums to the Policies and Practices Employee Manual (dated September 7, 1999) updating the sections on sick and annual leave.
   
 Tab 17Recommend approval of the updated Equal Opportunity Employment Policy.
   
 Tab 18Approval of the Workers' Compensation and Property & Liability Claims Settlement policy revising the claims settlement process.
   
Environmental Utilities
   
 Tab 19Authorize the Department of Environmental Utilities to accept (if awarded), for the Lake County Adopt-a-Lake Program, grants offered by the Lake County Water Authority Community Mini-Grant Program.
   
Growth Management
   
 Tab 20Request for approval and execution of Release of Fine. Unlicensed Contractor citation paid.
   
Procurement
   
 Tab 21Request Board approval of revised Contract Administration Policy LCC-39.
   
 Tab 22It is recommended that the board approve and execute a contract with A-1 Florida Sod, Inc. to provide hay harvesting services. This revenue generated contract is not to exceed $3,001.00 per year, with one additional year renewal.
   
Public Safety
   
 Tab 23Approval and execution of the Agreement and resolution representing 2007 EMPG Supplemental Award and 2008 EMPG Award, between the State of Florida, Division of Emergency Management and Lake County, Board of County Commissioners.
   
 Tab 24Request approval to accept donations on behalf of the Juvenile Firesetter Intervention Network of Lake County. Donated Funds will go directly to the Juvenile Firesetter Intervention Network.
   
 Tab 25Request for approval and signature of Proclamation for Fire Prevention Week 2008:October 5, 2008 through October 11, 2008 by the Board of County Commissioners.
   
Public Works
   
 Tab 26Request authorization to award Countywide Drainage Improvement Project No. 2008-04, Bid No. 08-0024, to Blue Ox Enterprises, LLC, in the amount of $714,478.85, and encumber and expend funds in the amount of $714,478.85 from Stormwater Management Fund. Also request approval to transfer funding for the Acorn Road project from MSTU - Stormwater Reserves. Commission Districts 1, 2, 3, and 5.
   
 Tab 27Request approval for payment of Florida Central Railroad invoices which exceed the County Manager's approval limit of $25,000.00.  Commission Districts 3 and 4.
   
 Tab 28Approval to submit application for the 2008-09 Water Resource Community Mini-Grant.
   
 Tab 29Approve and execute a Resolution declaring a portion of County owned property as part of right of way for Roger Giles Road and CR 450 lying in Section 7, Township 18S, Range 27E, in conjunction with the Northeast Community Park project.  Commission District 5.
   
 Tab 30Request authorization to release a letter of credit for performance in the amount of $643,047.00, accept a letter of credit for maintenance in the amount of $173,172.10, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Ladd Development, Inc. and execute a resolution accepting the following roads into the County Road Maintenance System: Royal Vista Drive (County Road No. 0638), Isle Way (County Road No. 0638A), Lynwood Street (County Road No. 0638B), Ivywood Street (County Road No. 0638C), Little Nellie Drive (County Road No. 0638D), Ivy Gate Way (County Road No. 0638E), and Wax Ivy Loop (County Road No. 0638F). Vista Grande Phase I consists of 154 lots and is located in Section 13, Township 23 South, Range 25 East. Commission District 2.
   
 Tab 31Request authorization to release a letter of credit for performance in the amount of $260,693.00, accept a letter of credit for maintenance in the amount of $77,187.72, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Ladd Development, Inc. and execute a resolution accepting the following road into the County Road Maintenance System: Royal Vista Drive "Part" (County Road No. 0638). Vista Grande Phase II consists of 35 lots and is located in Section 13, Township 23 South, Range 25 East. Commission District 2.
   
 Tab 32Request authorization to release a letter of credit for performance in the amount of $42,035.03, accept a letter of credit for maintenance in the amount of $41,000.00, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Ladd Development, Inc. and execute a resolution accepting the following roads into the County Road Maintenance System: Sand Knoll Way (County Road No. 0638G) and Scenic Vista Drive (County Road No. 0638H). Vista Grande Phase III consists of 42 lots and is located in Section 13, Township 23 South, Range 25 East. Commission District 2.
   
 Tab 33Approve 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 34Request authorization to execute a Developerís Agreement for Construction of Sidewalk Improvements. Pillars Ridge consists of 28 lots and is located in Section 11, Township 23 South, Range 25 East. Commission District 2.
   
 Tab 35Request authorization to accept cash funds for performance in the amount of $4,520.00, execute a Developerís Agreement for Construction of Sidewalk Improvements, accept a letter of credit for maintenance in the amount of $27,580.00, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Pillar Development, LLC and execute a resolution accepting the following road into the County Road Maintenance System: Kabana Boulevard (County Road No. 0836D). Pillars Cove consists of 15 lots and is located in Section 11, Township 23 South, Range 25 East. Commission District 2.
   
V. COUNTY ATTORNEY'S CONSENT AGENDA (Tab 36 through Tab 39)
 
  
Tab 36Approval of letter of renewal of lease space for the Lake County Health Department for lease space located at 16140 U. S. Highway 441, Eustis.  Commission District 3.
  
Tab 37Approval of Contract with Barbara C. Wolf, MD, owner of Medicus Forensics, PA.
  
Tab 38Approval of extending Agreement with Attorney Hackney for one year - until 9/30/09.
  
Tab 39Approval of County mowing property located South of Ruby Street owned by Tavares Station in exchange for use of Tavares Station's lot for employee parking located at the corner of Ruby Street and Joanna Avenue.  Commission District 3.
   
VI. AWARDS
   
 

EMPLOYEE AWARDS

 

FIVE YEARS

Gwendolyn Carbino, Animal Control Officer                                                 

Public Safety/Animal Services

 

Sheila Denoncourt, Senior Building Inspector                                                

Growth Management/Building Services

 

Cynthia Eads, Office Associate IV                                                                 

Information Technology

 

Juanita Popenoe, Extension Agent II                                                             

Community Services/Agricultural Education Services

 

Susan Shorten, Welcome Center Worker                                                     

Tourism and Business Relations

 

Tracy Swank, Regional Branch Manager                                                      

Community Services/Library Services/Cooper Memorial Library

 

TEN YEARS

Pamela Kirchner, Financial Analyst                                                               

Community Services/Library Services

 

FIFTEEN YEARS

Gary Debo, Solid Waste Operations Director                                                            

Environmental Utilities/Solid Waste Operations

 

TWENTY YEARS

Bruce Bowers, Fire Lieutenant/EMT                                                              

Public Safety/Fire Rescue

 

Linda Gussler, Probation Officer                                                                    

Community Services/Probation

 

RETIREMENT

Jimmy Price, Equipment Operator II                                                            

Public Works/Road Operations/Maintenance Area I

   
VII.

PRESENTATIONS

 

 
  • Presentation by Leslie McQuilkin, representative from the American Cancer Society, regarding the Relay for Life.

VIII.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

 
 

Community Services

   
 

Tab 40

Approval of the Memorandum of Understanding with the City of Leesburg. Authorization to encumber and expend $429,000.00 from FY 2008/09 SHIP Allocation to the City of Leesburg for the rehabilitation cost for fifteen (15) apartment units in Kristen Court Apartment Complex.  Commission District 1.

   
 

Tab 41

Approval of the Memorandum of Agreement between the BCC and the Florida Commission for the Transportation Disadvantaged.

   
 

Tab 42

Approval of the Coalition Member Letter of Agreement between the American Cancer Society and the BCC.

   
 

Tab 43

The Affordable Housing Advisory Committee and staff recommend denial of the  request for 50% waiver of impact fees for the Glen at Cagan Crossings. Commission District 2.

   
 

Tab 44

Retroactive approval and signature of Resolution to receive USDA Food Stamp Program Outreach Grant award in the amount of $67,020.00 as unanticipated revenue for fiscal year 2008-09 and signature approval from chairman or designee to sign contract and any supporting documents to implement program.

   

Growth Management

   
 

Tab 45

Approval of the Interlocal Agreement between Lake County and the City of Groveland.  Commission District 2.

   
 

Tab 46

Approval to execute contract with Wendy Grey Land Use Planning, consistent with the attached Scope of Services for preparation of the Lake County Water Supply Plan Comprehensive Plan Amendments required by 163.3180(2)(a), 163.3177(3)(a)5., (6)(a) and (c) Florida Statute.

   

Procurement

   
 

Tab 47

Approval of contract amendment with Arthur J. Gallagher Risk Management Services, Inc. to extend contract through September 30, 2009 for the Countyís Property, Liability, Workersí Compensation and Risk Insurance Coverage.

   
 

Tab 48

It is recommended that the Board award ITB# 08-0803 for Fire Apparatus to Ten-8 Fire Equipment (Pierce Manufacturing) for the purchase of fire apparatus.

   
 

Tab 49

Award of RSQ 08-0020, On Call Geotechnical Engineering and Geotechnical Engineering for the 2008-2012 Transportation Construction Plan to Ardaman & Associates, Inc., Central Testing Laboratory, Inc., Devo Seereerah, Ph.D, P.E., LLC, Professional Service Industries, Inc. and Universal Engineering Sciences, Inc.

   

Public Works

   
 

Tab 50

Approve CR19A PD&E study phase with round-a-bout option at Eudora Road. This project is within Commission District 4. Tracking # SDY06042.

   
 

Tab 51

Approval of the removal of the barricades and the installation of three speed tables on Roper Blvd in Spring Valley subdivision.  Commission District 2.

   

Tourism

   
 

Tab 52

Approval to continue the promotion of Lake County, events and activities through FY 2008/2009 with the following companies and to release Purchase Orders in amounts not to exceed those listed, utilizing P-card for Google and Yahoo: Clear Channel TV $75,000 Florida Media, Inc. $35,000 Miles Media $35,000 Orlando Sentinel $60,000 PCE & Associates $75,000 Radio Disney $80,000 Tip Tops of America $30,000 Travel Host of NCFL $30,000 Video Techniques $37,000 Cox Communications $65,000 City of Tavares $40,000 Google $85,000 Yahoo $26,000

   
 

Tab 53

Approval and execution of an Amendment to Agreement between Lake County and the Orlando Area Sports Commission, Inc. for the promotion of Lake County as a venue for international, national, regional and local sporting events.

   
IX. REPORTS
     
  A. County Attorney
   
  B. County Manager
   
  C. Commissioner Hill - Vice Chairman and District #1
   
  D. Commissioner Renick - District #2
   
  E. Commissioner Stivender - District #3
   
  F. Commissioner Stewart - District #4
   
  G. Commissioner Cadwell - Chairman and District #5
   
     
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.