A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 13, 2007
The Lake County Board of County Commissioners met in regular session on Tuesday, March 13, 2007, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Elaine Renick; Debbie Stivender; and Linda Stewart. Others present were Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION AND PLEDGE
Chaplain Candidate Henry Jenkins gave the Invocation and led the Pledge of Allegiance.
Mr. Sandy Minkoff, County Attorney, stated that they had a request from the Town of Howey-in-the-Hills to meet regarding Tab 15, which was a request for approval of the Second Amendment to Interlocal between Lake County and Central Lake Community Development District, and requested that it be postponed until April 3.
Commr. Cadwell stated that under his business he had two items that would require action. He explained that one would be the Budget Transfer regarding the funding for the Naturalist position at Trout Lake and requested that they put that on the Agenda.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a vote of 5-0, the Board approved putting the funding for the Trout Lake Naturalist position on the Agenda.
Commr. Cadwell explained that the second item was an annual request that they received from the NAACP for their national speaker at their yearly meeting for $1,500 and asked if the Board could place that on the Agenda.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board moved to put the request from the NAACP for $1,500 on the Agenda.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of January 30, 2007 (Special Meeting - Worksession), as presented.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a vote of 5-0, the Board approved the Minutes of February 6, 2007 (Regular Meeting), as corrected.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of February 20, 2007 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
Commr. Stivender pulled Item 11 for a question directed to Mr. Sandy Minkoff, County Attorney, who stated that he would get back to her later in the meeting regarding that.
Commr. Stewart pulled Item 6 regarding the annexation into Mascotte for discussion, stating that she was disappointed that they were annexing all the way to the Sumter County line. She opined that the citizens of this County stated loudly and clearly that they wanted the rural areas preserved and that the Local Planning Agency (LPA) established a Rural Protection Area (RPA) in that area. She believed that this annexation was cutting the RPA in half, severing the northern part from the southern part. She realized that they could not legally challenge this, but she hoped that the Cities would be willing to work with the County in the future.
Commr. Stivender stated that this was in her District, and that the city spoke to the LPA and had been working with staff for two years on their Joint Planning Area (JPA) and their Growth Management Area, and this fit with what they had been working with staff on.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 12, pulling Tab 11, as follows:
List of Warrants
Request to acknowledge receipt of 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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending January 31, 2007, in the amount of $203,669.22. Same period, last year: $167,055.15.
Clerk of Courts’ Semi-Annual Investment Report for FY 2006/2007
Request to acknowledge receipt of Semi-Annual Investment Report for FY 06/07, dated December 31, 2006, for the Clerk of Courts, Lake County, Florida.
Operational Audit of Lake-Sumter Community College for FY ended June 30, 2006
Request to acknowledge receipt of copy of Report No. 2007-106, an Operational Audit of Lake-Sumter Community College, for the Fiscal Year ended June 30, 2006.
Rezoning Ordinance from the City of Minneola
Request to acknowledge receipt of Ordinance No. 2006-34, from the City of Minneola, rezoning approximately 5.10 acres generally located in the Vicinity of Rockwell Avenue, Silverton Street, and Center Street East of US Highway 27 from Multi-Family High Density Residential (RMF-2) to Business (B-1) within the City of Minneola.
Notification from the City of Mascotte of Publication of Annexation
Request to acknowledge receipt of Notification from the City of Mascotte of publication of annexation by applicants Hunter McNeer and Norman Thomas for the following parcels, lying within an unincorporated area of Lake County, generally located South of Hanley Road:
Parcel No. 1 – W ¾ of N ½, NE ¼ of SW ¼, NW ¼ of SE ¼, Lake County, Florida.
Parcel No. 2 – SW ¼ of SE ¼ and SW 1/4, Lying S of Hanley Rd. R/W, Lake County, Florida.
The Ordinances relevant to the above-referenced annexations will be published in the Daily Commercial on February 5, 2007.
Ordinances from the Town of Lady Lake
Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Natural Gas Ordinance No. 2006-19, granting to Peoples Gas System, A Division of Tampa Electric Company, its successors and assigns, a non-exclusive, Natural Gas Franchise Agreement to use the public places of the Town of Lady Lake, Florida. Passed and adopted the 7th day of December, 2006.
Ordinance No. 2006-77, amending the Town of Lady Lake Land Development Regulations, Chapter 3, Development Procedures and Regulations, Section 1, Development Order, Subsection (b), Exceptions To The Requirements For A Development Order; Chapter 7, Site Development Plan Regulations, Section 3, Designation of Plans As Major or Minor Development, Subsection (C) Exceptions; and Chapter 16, Building and Fire Standards, Article II, Building Plans and Permits, Section 3, Permit Applications, Subsection (a)(1)(C), Exceptions, Amending and Adding Provisions Governing Exceptions For Accessory Structures Not Exceeding 200 Square Feet On a Nonresidential Lot Previously Granted Site Plan Approval. Passed and adopted the 22nd day of December, 2006.
Ordinance No. 2006-78, amending the Town of Lady Lake Land Development Regulations; Chapter 4, Concurrency Management System, Adding Section 8 Entitled Transportation Proportionate Fair Share Program; Adding Provisions Governing Coordination of the Proportionate Fair Share Program with Lake County.
Southwest Florida Water Management District Meeting Notice
Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for February 27, 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 November 30, 2006.
Before the Florida Public Service Commission: Notice of Commission Hearing
Request to acknowledge receipt of Before the Florida Public Service Commission: - Re: Notice of Commission Hearing and Prehearing Conference to Progress Energy Florida, Inc, Office of Public Counsel, AARP, Federal Executive Agencies, Florida Industrial Power Users Group, Florida Power & Light Company, Florida Public Utilities Company, Florida Retail Federation, Gulf Power Company, Office of the Attorney General, PCS Phosphate, Tampa Electric Company and All Other Interested Persons– Docket No. 060658-EI – Petition on Behalf of Citizens of the State of Florida to Require Progress Energy Florida, Inc. to Refund Customers $143 Million – Issued: February 20, 2007.
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: Monday –Wednesday, April 2, 3, and 4, 2007, 9:30 a.m., Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida.
A prehearing conference will be held before Commissioner Katrina J. McMurrian, as Prehearing Officer, regarding the above-referenced matter, at the following time and place: Wednesday, March 21, 2007, 9:30 a.m., Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida.
Ordinances from the Town of Lady Lake
Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Ordinance No. 2006-75, redesignating zoning classification for certain properties owned by Villages Property Investors, LLP, and located within the Town limits of the Town of Lady Lake, Florida. Passed and ordained the 1st day of February, 2007, in the regular session of the Town Commission of the Town of Lady Lake, Florida, upon the second and final reading.
Ordinance No. 2007-06, setting forth cross connections and backflow prevention, in connection with the potable water supply. Passed and adopted at the regular meeting of the Town Commission of the Town of Lady Lake, Florida, held on the 15th day of February, 2007.
Ordinance No. 2007-07, declaring a housing emergency, as a result of the impacts of the tornados. Passed and adopted at the regular meeting of the Town Commission of the Town of Lady Lake, Florida, held on the 7th day of February, 2007.
Before the Florida Public Service Commission: Revised Notice of Commission Hearing
Request to acknowledge receipt of Before the Florida Public Service Commission: Revised Notice of Commission Hearing and Prehearing Conference to Progress Energy Florida, Inc. and All Other Interested Persons.
Docket No. 060658-EI – Petition on behalf of citizens of the State of Florida to require Progress Energy Florida, Inc. to refund customers $143 million.
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:
Monday – Wednesday, April 2, 3, and 4, 2007, 9:30 a.m.
Betty Easley Conference Center, Room 148
4075 Esplanade Way
COUNTY MANAGER’S CONSENT AGENDA
Commr. Renick pulled Tabs 12 and 14 of the County Manager’s Consent Agenda for discussion.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 14, pulling Tabs 12 and 14, as follows:
Request for approval of Budget Change Requests and Unanticipated Revenue Resolutions:
1. Budget transfer – Pollution Recovery Fund, Department of Environmental Services, Environmental Compliance and Enforcement Division. Transfer $23,342 from Reserve for operations to Contractual Services. Funds are needed for the Lake County Home Heating Oil Recovery Program for the proper transportation and disposal of heating oil per Contract 05-50. The Program was previously approved by the Board of County Commissioners in April 2004 and was not completed in Fiscal Year 2006. Therefore, additional funds are needed in Fiscal Year 2007 to complete the project. After the posting of this transfer, the balance in the Reserve for Operations account will be $50,628.00.
2. Budget transfer – Pollution Recovery Fund, Department of Environmental Services, Environmental Compliance and Enforcement Division. Transfer $8,472 from Reserve for Operations to Machinery and Equipment. Funds needed to purchase a new vehicle to replace a 1999 Jeep damaged beyond repair. Total cost for the new vehicle is $15,653. Insurance proceeds of $7,181 will be budgeted by Resolution No. 2007-30 for unanticipated revenue pending Board approval March 13, 2007. The remaining funds are available in Reserve for Operations. After the posting of this transfer, the balance in the Reserve for Operations account will be $42,156.
3. Resolution No. 2007-31 to amend the Pollution Recovery Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $7,181 deposited into Insurance Proceeds/Loss Furn/Fix/Eq and provide appropriations for the disbursement to Machinery and Equipment to replace a wrecked 1999 Jeep. Total cost for the new vehicle is $15,653. The remaining funds needed are available in Reserve for Operations pending a budget transfer to Machinery and Equipment to be approved by the Board on March 13, 2007.
Request for approval to amend the agreement with Lake-Sumter Children's Advocacy Center and to transfer unused funds as indicated.
Request for approval of 1) - Appointment of Fletcher Smith or an alternate designated by him to serve as Lake County Government's representative on the FEMA Board. 2) - Appointment of Jerry Smith or an alternate designated by the Public Safety Director as the representative from Public Safety. 3) – Authorization of the submission of a direct application for funding as a Local Recipient Organization or Fiscal Agent/Conduit for a Local Recipient Organization if so directed by the FEMA Board. 4) – Authorization of Community Services to manage the program and prepare required plans, reports and other related documents as directed by the FEMA Board and/or required by FEMA.
Request for approval to amend the Program Year 2006 One Year Action Plan and direct the Department of Community Services to transmit the amendment(s) to the U.S. Department of Housing and Urban Development.
Request for approval and execution of a Release of Fine. Property owner: Christopher T. and Tina M. Schrock, Code Case# 2005060381 - Commission District 5.
Request for approval of renewal of the Embarq Contract Service Agreement and signature.
Request for approval to award a contract to Anderson and Shaw Roofing Inc. of Florida for the replacement of the Detention Center Roof for $1,171,000 and the contingency of $117,100 to be expended as may be required with the approval of the Director of Facilities Development and Management and approval of associated budget transfer in the amount of $1,288,100 - Commission District 3.
Request for approval to accept award offer of funds to construct or improve the Lake County Emergency Operations Center (EOC) under Chapter 2006-71, Laws of Florida (House Bill 7121).
Request for approval and authorization for Chairman to execute satisfaction of liens for the attached thirty-four (34) road assessments.
Request for authorization to release a letter of credit for performance for construction of improvements in the total amount of $1,682,289.95 that was posted for Blue Spring Reserve Phase I. Blue Spring Reserve Phase I consists of 63 lots and is located in Section 14, Township 21 South, Range 25 East - Commission District 3.
Commr. Renick inquired why the County was doing a performance bond for Tab 12 to help with the developer’s engineering and surveying, which was only $5,500.
Mr. Jim Stivender, Jr., Public Works Director, responded that the performance bond was including all those items having to do with the construction plans.
Commr. Renick opined that someone developing 105 lots would be able to come up with their own money to do the engineering and surveying.
Mr. Sandy Minkoff, County Attorney, explained that it was really a timing issue as opposed to a cost issue. He specified that it would cost them more money to put up the bond, because they pay for the bond and do the work, but the Code states that if they put up the bond, they could plat it now before the work is done.
Commr. Renick commented that in Tab 14, they did not fulfill their contract and construction was not completed, so that another performance bond was needed.
Mr. Minkoff explained that in this case, the improvements were started before it was platted, and the developer wanted to record the plat when the improvements were not yet complete. He further explained that they were posting a bond for the cost of completing the improvements.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Tabs 12 and 14 of the County Manager’s Consent Agenda, as follows:
Request for authorization to accept the final plat for Whitemarsh and all areas dedicated to the public as shown on the Whitemarsh final plat, accept a performance bond in the amount of $5,500.00, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Highland Cassidy, LLC. Whitemarsh consists of 105 lots and is located in Section 1, Township 21 South, Range 24 East - Commission District 3.
Request for authorization to accept the final plat for Greater Lakes Phase 1 and all areas dedicated to the public as shown on the Greater Lakes Phase 1 final plat, accept a performance bond in the amount of $2,319,186.32, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Low Land Assets, LP. Greater Lakes Phase 1 consists of 153 lots and is located in Section 10, Township 24 South, Range 26 East – Commission
COUNTY ATTORNEY’S CONSENT AGENDA
Commr. Renick stated that she would like to pull Tab 16.
Mr. Sandy Minkoff, County Attorney, stated that Tab 15 was postponed until April 3.
Commr. Cadwell stated that he would like to pull Tab 17 for a quick discussion.
Commr. Renick stated that she would like a little more explanation regarding Tab 16. She noted that since the construction of the new library was not yet finished, the County would need to renew the lease at a cost of $45,000.00 for another three months. She commented that they could not get out of the lease until February, which would be an additional four months.
Mr. Minkoff stated that they worked with the library system on this and were thinking ahead and comparing it to the construction schedule for the new library. He stated that they tried to time this for the time period when they would be ready to move into Citrus Ridge and give themselves a month or two extra in case there was a delay in furniture, books, or construction.
Commr. Renick asked whether there should there be seven months of fiscal impact calculated instead of just the $45,000.00 for three months.
Ms. Wendy Breeden, Library Services Director, stated that the three-month figure showed the fiscal impact for this year, and the rest of the lease payments would be in next year’s budget through February.
Mr. Minkoff explained that the issue regarding Tab 17 was complex, and that part of the property was leased to the American Legion and part of it was leased to the Town of Lady Lake. He specified that this item cancelled those lease agreements and provided that the County would convey some of the property to the American Legion and some as right of way and retention for County Road 466, which was being improved. He noted that the deed to the American Legion had a revert clause back to the County should the property not be used for American Legion purposes within 90 years, but provided that they could mortgage it.
Commr. Cadwell commented that there were a couple of people from the American Legion who worked hard through this process and invited them to come up to the podium and address the Board.
Mr. Bill Walsh, Executive Committee Member for the Veterans Memorial Post 347 of the American Legion, addressed the Board to thank them for their assistance over the years and to report that this Post was the third largest Post in the State of Florida and the fastest growing Post in the United States. He assured the Board that they would make Lake County proud to have them in the County.
Mr. Joseph Berube, Executive Committee Member for the Veterans Memorial Post 347, stated that he had been working with Commr. Cadwell since he had come into office almost 16 years ago. He commented that Commr. Cadwell had been a big help to the American Legion
and that after the tornadoes, the American Legion Post played a big part in the relief effort and the dispensing of equipment.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 16, 17 and 18, as follows:
Request for approval of Fourth Amendment to Lease Agreement between Publix Super Markets, Inc. and Lake County – Commission District 2.
Request for approval and execution of Termination of Interlocal Agreement with Lady Lake; Termination of Lease Agreement with Veterans Memorial Post 347 of the American Legion; Resolution No. 2007-32 declaring property surplus; Resolution No. 2007-33 Declaring Certain Property as Right of Way; and Deed from Lake County to Veterans Memorial Post 347 of the American Legion - Commission District 5.
Request for approval of renewal of lease agreement between Lake County and Louis J. Formato for County Health Department lease space – Commission District 2.
AWARDS AND RECOGNITIONS
The Chairman presented the following Employee Awards, at which time Mr. Gregg Welstead, Deputy County Manager, gave brief remarks about each individual and their service to the County.
Presentation of Award to Employees with Five Years of Service
Caryl Harris, Librarian II, Community Services/Library Services/Cooper Memorial Library
Lorena McCarroll, Associate Planner Trainee, Growth Management/Building Services
Gregory Mihalic, Director of Tourism and Business Relations, County Manager
Presentation of Award to Employee with Ten Years of Service
Phyllis Hegg, Office Associate IV, Public Works/Funding and Production
Presentation of Award to Employees with Twenty Years of Service
Robert Rinehart, Assistant Mosquito and Aquatic Plant Management Director, Environmental Services/Mosquito and Aquatic
BOARD/COMMITTEE CERTIFICATE PRESENTATIONS
Board of Adjustment
Darren Eslinger for service from 2004-2007 (Not present)
Carl Ludecke for service from 2003-2007
Board of Building Examiners
Joseph Godfrey for service from 1997-2007 (Not present)
Comprehensive Health Care Committee
Cynthia Nash for service from 2002-2007 (Not present)
Dr. John C. Pellosie, Jr. for service from 1999-2006 (Not present)
Elder Affairs Coordinating Council
Ellen Miller for service from 2002-2007
Kent Youngren for service from 2002-2007
Impact Fee Committee
Frank Royce for service from 2002-2006
Library Advisory Board
Catherine Gillespie for service from 2004-2006 (not present)
Dorothy Keedy for service from 1998-2006 (not present)
Jody Bryant Newman for service from 2003-2007 (not present)
Local Planning Agency
Richard Dunkel for service from 2004-2006
Ann Dupee for service from 2005-2006
Becky Elswick for service from 2005-2006 (not present)
Barbara Newman for service from 2004-2007
Public Safety Coordinating Council
Sheriff Gary S. Borders for service from 2005-2006
Sales Surtax Oversight Advisory Committee
Martha Hartman for service from 2002-2006 (not present)
Robert Herndon for service from 2004-2007
Don Miller for service from 2004-2007
DONATED PAINTING FOR CAGAN CROSSINGS COMMUNITY LIBRARY
Ms. Wendy Breeden, Library Services Director, introduced the artist Arsalan. She stated that she had a presentation of a piece of artwork for the Cagan Crossings Community Library. She related that the artist Arsalan contacted her about donating a piece of his artwork specifically painted for the library. She stated that he noted that art had been a part of our culture for 3000 years and represented a way of life. She commented that Arsalan had practiced visual and performing arts since his early childhood, painting landscapes, portraits, and still lifes in a variety of mediums, including oil, water colors, and mixed media. He attended the University of Maryland and Montgomery College, majoring in arts and science, and he moved to Florida in 1971 from Washington, D.C. and graduated from Indian River College in 1972. He is a member of several arts organizations, including the Maitland Art Center and the Florida Arts Council. She related that he was currently working out of his studio near Orlando, and his artwork was on display in many galleries and art exhibitions. She also related that most of his paintings made statements or told stories.
The artist Arsalan stated that he used the library a lot, and that this was his way of saying thanks.
GUARDIAN AD LITEM PROGRAM
Ms. Karla Grimsley, Director of the Guardian Ad Litem Program for the Fifth Judicial Circuit, stated that the Guardian Ad Litem Program was a State agency that was co-funded by the State and local government to provide representation to abused children in court. She noted that currently there were approximately 550 abused and neglected children involved in court proceedings in Lake County, and that they tried to provide an advocate for every one of those children in the court system. She stated that Statute mandates that every child should have a guardian ad litem or child advocate. She wanted to address the Board to let them know what their support had helped them to accomplish. She distributed a handout which showed how they had grown over the last few years and how many more children they were able to serve currently. She also reported that they had been able to more than double their staff and were able to support more volunteers. She explained that her staff recruited, trained, and supervised extraordinary citizens that gave of their time, means, and heart to be advocates for these children. She opined that it was a very cost effective program. She also commented that she appreciated the immense support of the County as well as for the communications and housing the County provided. She related that they were able to represent approximately 75 percent of the children who deserved a child advocate in court, up from 50 percent in the past, with their goal being 100 percent in the future.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
SELECTION OF SENIOR MANAGER AND CO-MANAGER FOR BOND ISSUE
Ms. Cindy Hall, County Manager, stated that this item was a request for the Board to select the proportions of which the underwriters will be helping in the sale of the two different bond issues that were both scheduled for April. She explained that one would be pledging the County’s sales tax for about $90 million issued initially to support the construction of both the downtown campus and eventually for the campus that will be constructed at the landfill area in south Tavares. She further explained that the other issue was regarding the environmentally sensitive lands for about $36 million that they are authorized by the voters to issue. She reported that the three different scenarios shown in the backup material was provided to them by their financial advisor as options for the Board to consider, but that they could mix and match. She went on to state that a year or two ago, the Board selected three different firms as underwriters who will market and sell the bonds. She commented that all the firms that were selected were highly qualified, well experienced, and capable to do all of the sales.
Ms. Hall went over the three scenarios that were in the backup material. She noted that the first one on the left side of the page had a breakdown of percentage of bonds sold by each of the underwriting firms that was fairly equal, with Citigroup being the Senior Manager in the Environmentally Sensitive Land bond issue and First Southwest to be the Senior Manager in the Sales Tax Bond Issue. She explained that the Senior Manager typically carried more bond sales and was a little more involved and would be the team leader for each of those sales. She explained that the second column gave more weight to the Senior Managers and that First Southwest was assigned as Senior Manager for the Environmental Sensitive Land bonds and Citigroup as Senior Manager for the Sales Tax bonds. She went on to report that the third scenario on the right-hand side of the page assigned Citigroup as the Senior Manager of Environmentally Sensitive Lands bonds and First Southwest for Sales Tax. She explained that this acknowledged that the difference in that one was that typically the sale of the Environmentally Sensitive Lands and GO issue was a little more marketable and easier, and First Southwest being the Senior Manager for the sales tax ended up with a little more weight. She asked the Board to select a breakdown as they moved forward in the bond issue process for the underwriters.
Commr. Cadwell commented that the middle column looked to be the best scenario to him, and that would be his recommendation to the Board. He noted that that scenario chose First Southwest as Senior Manager for Environmentally Sensitive Lands and Citigroup as Senior Manager for sales tax bonds.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board chose the middle option for the selection of underwriters, which made First Southwest the Senior Manager for the Environmentally Sensitive Lands bonds and Citigroup as Senior Manager for the sales tax bonds.
Ms. Hall updated the Board about what was happening the following week regarding the bond issue. She stated that a team of people including herself; Commr. Cadwell, as Chairman; Ms. Barbara Lehman, Chief Deputy Clerk, County Finance; Mr. Jason Shout, who had put the data together; Mr. Jim Banon, Facilities Development and Management Director; and Mr. Mitch Owens, the financial advisor, would be leaving on Wednesday, March 21, to go to New York. She explained that they had three presentations that were scheduled, and that a useful presentation book was currently being designed and compiled that was very informational about the County. She related that her goal was to talk to the rating agencies about the vitality and economic development of the County to give them reassurance that the County’s bonds would be very secure, and to show them that the County was serous about getting the best ratings possible. They would be looking for two different ratings, one on General Obligation (GO) bonds for the Environmentally Sensitive Lands, and the second rating would be on sales tax bonds that would be pledged for construction of the projects in downtown. She opined that it was an exciting time and that they had good news to present.
Ms. Nadine Foley, a member of the Public Land Acquisition Advisory Council (PLAAC), stated that they were ecstatic about the money going for the bonding. She also commented that over the last couple of years, the Committee had been concerned about the ongoing management costs for the public lands that were acquired. She related that PLAAC had discussed the possibility of not bonding ten percent of that $36 million, because if that money was bonded, it could not be used for management and needed to be used completely for the acquisition.
Ms. Hall responded that they were not authorized to use the $36 million proceeds of the actual bond issue for management and that it had to be used for acquisition of the lands. She explained that what they had done through the budget process was to set aside a tenth of that approved millage, which was .03, that went into Mr. David Hanson, Public Lands Manager’s, budget, for the management. She specified that they had handled the management costs through operating millage as part of their general fund to handle the ten percent for management.
FACILITIES DEVELOPMENT AND MANAGEMENT
FUNDING REQUEST FOR UMATILLA HEALTH CLINIC
Mr. Jim Banon, Facilities Development and Management Director, addressed the Board to give them some information about the Umatilla Health Clinic. He explained that the existing facility was closed a few years back because of indoor air quality problems, and they had just completed redesigning the facility. He related that in November of 2006, the Board previously approved the construction management contract to R. D. Michaels, Inc. for Part I, which was for preconstruction services in the amount of $8,400. He stated that he was now seeking approval of Appendix E, Part II, to the contract, which was the contract sum guaranteed maximum price for the project of $3,641,664.00 in addition to contingencies and allowances of $445,483.00 and furniture, fixtures and equipment costs of $364,166.00, for a total project budget of $4,451,313.00. He reported that $3,058,300 would be funded in the current year and the balance of $1,393,013.00 would be funded in fiscal year 2008.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a vote of 5-0, the Board approved the request for the contract funding for RSQ #05-094, for the Umatilla Health Clinic, in the amount of $3,058,300 funded in the current year and approximately $1.4 million funded in Fiscal Year 2008 to cover the balance of construction and other projected related costs.
REQUEST TO HIRE TELECOMMUNICATIONS MASTER TECHNICIAN
Mr. Douglas Woodyard, Telecommunications Manager, Information Technology, addressed the Board to explain that Tab 23 was a basic proposal that they create a position for a Master Telephone Technician to displace a contractor that they have had for years and to change from outsourcing this service to bringing it in house. He stated that the end result would save the County money by bringing this in house and having them do the work and maintain the control themselves.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the hiring of a Telecommunications Master Technician, purchasing a vehicle, and canceling the current Telecom Maintenance contract with SETEL by giving 30 days written notice, and approval of the associated budget transfers within the IT Telecommunications budget.
CONSTRUCTION OF NORTH LAKE COMMUNITY PARK
Mr. Jim Stivender, Jr., Public Works Director, gave some background on North Lake Park, stating that when they bid the job, the original engineer’s estimate was approximately $15 million for the 100-acre site. He commented that this was the largest site the County had and they had been planning it for several years. He explained that the budget was $6 million, so they had phased it down and deleted some of the amenities, such as a building, parking area, and tennis court. He stated that the base bid was $8.47 million, with other bids coming in much higher. He commented that if they stayed within the existing budget, they would have just level graded fields that were not properly drain graded for the football fields and no parking lots, which would be a maintenance nightmare. He stated that they were trying to move forward with a site plan that still was a base situation, but asking for direction to add about $2.6 million to the $5.9 million they already had to move forward with this bid. He related that there were some options of how to do that and that there were reserves to do that work. He stated that they would bring back an Agenda item at a later date to award the job with the money in place, and that the contractor wanted to get started to be in time for fall sports.
Commr. Cadwell commented that this would be the first County-built facility like this anywhere in Lake County of this magnitude. He also stated that if they did not approve the money to do this, they were not going to fulfill their promise to the residents.
Commr. Stivender stated that she agreed with everything he said, but that her only concern was that they did not forget that they had existing parks that have not been finished, and she wanted to make sure that they found a funding source for restrooms and other things that had to be completed for the existing parks. She also commented that she realized that this park was needed in that area and that they had been trying to get this for years.
Commr. Cadwell opined that this park would represent the whole county and be a regional type facility.
Commr. Stivender asked if the money was coming from the general fund or from the reimbursement from the FEMA for the hurricanes that they set aside.
Ms. Cindy Hall, County Manager, stated that there was a large amount of money that they had gotten for reimbursement from FEMA for the hurricanes a couple of years ago that they set aside for a project one-time expenditure fund in the general fund, and that they would recommend pulling the additional $2.5 million from that fund.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the request for the additional funds in the amount of $2,573,000.00 needed to reach the $8,473,000.00 needed to award the contract to the lowest bidder to begin construction of Phase 1 of the North Lake Community Park.
Mr. Stivender stated that his staff would do the road work in conjunction with the construction and have it done before the park opens.
Commr. Cadwell commented that with the rising construction costs, Mr. Bobby Bonilla, Parks and Trails Director, and his staff has saved the County a lot of money by doing a lot of the site work themselves.
VACATION PETITION NO. 1098
Mr. Jim Stivender, Jr., Public Works Director, stated that there was a scrivener’s error on the legal description, and they were bringing this back for public hearing, because the paper work left out the last paragraph of the legal description. He commented that it had been properly advertised, and he recommended approval to vacate again.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the corrected Resolution No. 2006-235A for Vacation Petition No. 1098.
APPOINTMENT TO IMPACT FEE COMMITTEE
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the appointment of Noah Powers, Assistant Superintendent of Support Services, Lake County Schools, to represent Lake County Schools on the Lake County Impact Fee Committee for the completion of an unexpired term ending August 6, 2008.
REPORTS – COUNTY ATTORNEY
CLERK OF COURTS CONSENT AGENDA – ITEM 11 (REVISITED)
Mr. Sandy Minkoff, County Attorney, stated that he had looked at the Town of Montverde’s Ordinance that was pulled earlier in the meeting, and that it appeared that it was approved on February 13 and referenced a map, which was not attached. By looking at the legal description, he noted that it appeared to be about 28 acres immediately north of the town along Lake Apopka. He also related that the Ordinance reflected that it was correcting an Ordinance from 2005, but it did not say how it was done.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Item 11 from the Clerk of the Courts Consent Agenda, as follows:
Request to acknowledge receipt of Ordinance No. 2007-01, from the Town of Montverde, Florida correcting Ordinance No. 2005-10; annexing into and including within the corporate area and limits of the town the portions and areas of land in Lake County, Florida, generally described as that property located on the west side of Lake Apopka, directly to the north and contiguous to the Town of Montverde, and more particularly described herein; redefining the corporate limits of the Town of Montverde, Florida, to include said land in the Town. Passed and adopted the 13th day of February, 2007.
REPORTS – COMMISSIONER RENICK – DISTRICT 2
LETTER REGARDING EXPANSION OF LANDFILL NEAR ORANGE COUNTY
Commr. Renick shared a letter she received from Commr. Teresa Jacobs from Orange County, regarding a pending application for expansion of a landfill located on the south side of Phil C. Peters Road, west of Avalon Road, near the Orange and Lake County line. She opined that even though this was totally Orange County’s decision, she thought it was a positive thing that Commr. Jacobs wanted Lake County to know about it, since it would be affecting the people that live in that area. She stated that she talked with Mr. Gregg Welstead, Assistant County Manager, about getting a list of Lake County residents that would be affected by this to inform them about this situation.
CROOKED RIVER PRESERVE LOOTING PROBLEM
Commr. Renick expressed a concern she had about looting in Crooked River Preserve, and wanted to know how the County would go about handling that problem. She went on to explain that the looters were cutting tree roots and causing other damage to get arrowheads and artifacts. She commented that in order to arrest them for trespassing, they needed to close the park, and she was concerned about that. She reported that she had heard from Ms. Patricia Burgos from the Water Authority that they apprehended three people, but was disappointed that the park still was closed. She asked Mr. Sandy Minkoff, County Attorney, about doing a protection ordinance so that they could open the park.
Mr. Minkoff stated that he recommended against the ordinance, because all the behaviors that had been described by the Water Authority were violations of State Statutes, and the Sheriff had the authority to make arrests based on those State Statutes, which would bring a more severe penalty than for a County violation. Also, he pointed out that when there was an arrest for a State law violation, the State paid for the prosecution and the public defender, but if the arrest is for a County offense, the County has to pay for the prosecution and the public defender, as well as a filing fee each time a case was brought.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
NATIONAL WOMEN’S HISTORY MONTH PROCLAMATION
Commr. Stivender stated that Tab 27 was Proclamation No. 2007-34 designating March 2007 as National Women’s History Month to recognize and celebrate the many contributions of America’s women. She noted that she would be presenting this proclamation and Commr. Hill would be speaking at the event in Sumter County, and that Commr. Renick would also be attending the event.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Proclamation No. 2007-34 designating March 2007 as National Women’s History Month.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
PRESERVATION OF RURAL LANDS
Commr. Stewart commented that she was excited about the direction the County was heading, and opined that the voters were very interested in making sure the rural lands were preserved. She reported that the Lake County Local Planning Agency (LPA) had been working diligently to provide for this preservation and that Ms. Carol Stricklin, Growth Management Director, had applied for a grant designed to help the County learn more about preservation of rural and agricultural lands and smart growth in the urban, high-density areas. She opined that with Growth Management working with the LPA towards these goals, it should benefit all of the citizens of Lake County and should help the Comp Plan to move forward quickly.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
NAACP REQUEST FOR FUNDING OF ANNUAL MEETING
Commr. Cadwell reported that there was a request from the NAACP for $1,500 to pay for their annual meeting. He noted that the event would be held on March 17 at 7:30 p.m. at Eustis Middle School, and that the guest speaker would be the Chief Operating Officer of the National Office of the NAACP.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the request for $1,500 to help with the funding of the NAACP annual meeting to be held on March 17.
FUNDING FOR NATURALIST POSITION WITH TROUT LAKE NATURE CENTER
Commr. Cadwell stated that during the Budget process, the Board had committed to fund a Naturalist position with Trout Lake Nature Center. He related that the Board had made comments that they wanted St. Johns Water Management District to contribute to that, but that if they did not, the County would pay the difference because they supported that position. The Board did not make that part of the actual motion because they did not want St. Johns to use that as a reason for not funding it. He explained that St. Johns Water Management District only committed $10,000, so he requested an additional $20,000 to get the grant up to where it was supposed to be, as well as the Budget Transfer for that amount. He also stated that Article 2 on the first page of the contract was amended to state that the County would make annual contributions to Trout Lake for that position and that the amount would be set yearly by the budget.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a vote of 5-0, the Board approved the funding to cover the Naturalist position with Trout Lake Nature Center, approving the budget transfer of the $20,000.00 and amending Article 2 of the agreement with Trout Lake regarding the County’s annual contributions for that position.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter addressed the Board and stated that the Northeast Lake Chamber had two events this month, one being free pictures taken of the children with the Easter Bunny on Saturday, March 24, at the Paisley Community Center, from 10:00 a.m. until 2:00 p.m. He stated that this was put on by the Northeast Lake Chamber with Walgreens. The other event was an update on the Lake Mack tornado recovery effort with Sheriff Gary Borders and Mr. Jim Judge, Lake Sumter EMS Director, as the guest speakers, on March 27 at 6:30 p.m. at Spring Creek Elementary School.
Mr. Ron Caskey, a resident of Shirley Shores Road, Tavares, presented a petition to the Board to ask that the speed limit be reduced from 45 mph to 35 mph, with a no-passing zone on Shirley Shores Road. He commented that there were people who used that road as a race track, and the residents were fed up with it. He stated that Commr. Stivender had been out there and had witnessed it.
Commr. Stivender stated that she had asked Mr. Jim Stivender, Public Work Director’s, staff to look at it over the past year, and they had given her different answers about what needed to be done regarding that. She opined that the road was a nice, short, and straight road that had just been redone, which gave some access to speeding.
Ms. Pat Congdon, a resident of Leesburg and former resident of Crow’s Bluff, stated that on behalf of other residents of the Lake Mack area, she wanted to ask for extensions of the debris removal deadline as well as the tornado-related damage permits of March 21. She presented a petition of residents in the area asking for the extension until June 1. She also mentioned that another problem in that area was that people living on State Road 44 have had to go several miles to Paisley to get help during the relief effort. She opined that she was glad that LASER was still involved and was going to be part of the long-term recovery process. She stated that she had asked Trout Lake Nature Center to identify some people from garden clubs, the Native Plant Society, and other groups to help them do a landscaping master plan in the area.
Ms. Suzanne Marlow, a resident of the Lake Mack area for 24 years, stated that she felt dumpsters were needed in the area for the debris for about a two-week period, since the material just sliced through bags. She commented that the dumpsters could be spaced out along Bear Lake Road and Cooter Pond, as well as other roads in that area.
Mr. Lloyd Barth, a resident of Bear Lake Blvd in the Lake Mack area, stated that one of their problems was the back yard area. He explained that the brush and the trees that were down were making a lot of the area impassable to search for any valuables that could be there. He also opined that it was creating a potential fire hazard, especially during inclimate weather and lightning strikes. He reiterated the need for a place to put glass and other materials that Ms. Marlow mentioned. He commented that the volunteers had been fantastic and did anything they could do, but that the conditions in the backyards made it impossible for them to do much there.
Sandy Minkoff, County Attorney, stated that Solid Waste, Public Works, Growth Management and Code Enforcement received FEMA approval to go on to private property in some instances to remove debris. As a prerequisite to that, they were required to cite them as code violaters. He reported that they had several Code Enforcement cases set for hearing the next day, and once the Special Master ruled, they would be able to go onto those properties and to clean them up. He opined that it was the most friendly code enforcement that had ever been done.
Commr. Stivender noted that there was a LASER meeting on Thursday, March 15, at 2:00 p.m. at the realty office on Highway 19A and that there was a group there that could help these citizens with the backyard issue.
Mr. Sandy Minkoff, County Attorney, stated that Florida Statute 286.011 authorized the Board’s attorney to request that they have a closed session to discuss litigation. He explained that the subject matter of that meeting would be confined to settlement negotiations or strategy sessions, and the entire session would be recorded by a court reporter who would record the times of beginning and ending of the session, all discussion and proceedings, the names of all people present and names of all people who speak. He further explained that these notes will be transcribed and filed with the Clerk within a reasonable time after the meeting. He stated that they were required to give public notice of this meeting, which they had done and had proof of publication. He related that the session commences at an open meeting, at which time the Chairman was supposed to announce that it should take about 30 minutes to complete this meeting. He stated that when they were done, they would come back into a public session for a moment.
The Chairman announced that the meeting would take approximately 30 minutes.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:00 p.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK