A
REGULAR MEETING OF THE BOARD OF
APRIL
3, 2007
The Lake County Board of County Commissioners met in regular
session, on Tuesday, April 3, 2007, at 8:30 a.m., in the Board of County
Commissioners’ Meeting Room,
INVOCATION
AND PLEDGE
Commr. Cadwell gave the invocation and led the Pledge of
Allegiance.
SALES SURTAX OVERSIGHT ADVISORY COMMITTEE REPORT
Mr. Keith Mullins, Chairman, Sales Surtax Oversight Advisory
Committee, addressed the Board regarding the Sales Surtax Revenue and
Expenditure Summary Report. He stated
that on November 6, 2001,
Mr. Mullins mentioned that the Committee met on March 12,
2007, to review the reports that had been submitted from the sales tax
recipients, which contained the Revenues and Expenditures for Fiscal Year
2006. He stated that the Minutes of that
meeting and reports from the various entities were included in an attached
document, and that a Summary Report of all entities, and total Revenues and
Expenditures was included for fiscal year October 1, 2005 through September 30,
2006. He explained that all reports had
been reviewed and accepted by the Sales Surtax Oversight Advisory Committee as
meeting all the guidelines of the sales surtax requirements, all requests for
clarification had been received, and explanations of the specific items were
included in the documents. He reported
that the next meeting of the Sales Surtax Oversight Advisory Committee was
scheduled for Monday, September 10, 2007, at 9:00 a.m., in the Board of County
Commissioner’s Meeting Room,
RECESS
AND REASSEMBLY
At
8:45 a.m., the Chairman announced that the Board would take a 15 minute recess.
At
9:00 a.m., the Board reconvened.
AGENDA
UPDATE
Ms.
Cindy Hall,
Ms.
Melanie Marsh, Deputy County Attorney, pulled Tab 21, stating that it would be
brought back at a later date.
MINUTES
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 March 14, 2007 (Joint
Meeting with the Cities of Clermont, Groveland, Minneola and Montverde), as
presented.
CLERK
OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the following requests:
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 February 28, 2007, in the
amount of $200,543.83. Same period, last
year: $186,733.60.
Board
of Supervisors Meeting of the Central Lake Community Development District
Request
to acknowledge receipt of the records of proceedings of the Board of
Supervisors meeting of the Central Lake Community Development District, held on
July 24, 2006, August 4, 2006, October 6, 2006 and October 31, 2006.
Ordinances
from the City of
Request to acknowledge receipt of Ordinance No. 2007-02-433,
annexing by voluntary petition property generally located in Section 30,
Township 21 South, and Range 24 East, comprising 320.82 acres more or less, and
Section 19, Township 21 South, and Range 24 East (Sumter CR 716 to Hanley
Road), comprising 119.58 acres more or less, said property being contiguous to
the City of Mascotte and being annexed in accordance with the voluntary
annexation provisions of Section 171.044, Florida Statutes (2006).
Request
to acknowledge receipt of Ordinance No. 2007-01-434, annexing, by voluntary
petition, property generally located Section 2, Township 22, and Range 24 (West
SR 50 to North CR 33 to Car an Lane), comprising 23.76 acres more or less, said
property being contiguous to the City of Mascotte and being annexed in
accordance with the voluntary annexation provisions of Section 171.044, Florida
Statutes (2006).
On a
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the
Budget
Request for
approval of the following:
Budget
Transfer - General Fund, Department of Public Works, Parks and Trails Division.
Transfer $28,215 from Improvements Other Than Buildings to Machinery and Equipment.
A Kubota tractor was purchased by Parks and Trails and charged to the
Budget
Transfer - General Fund, Non-Departmental. Transfer $2,573,000 from Machinery
and Equipment to Improvements Other Than Buildings. The Board of County Commissioners approved
Option No.1, for the first phase of the construction of the
Community
Services
Request
for approval and execution of Proclamation No. 2007-57, recognizing National
Community Development
Week 2007.
Request to
approve the First Amendment to the Community Development Block Grant (CDBG)
Partnership Agreement between
Request to
approve the First Amendment to the FY 2005/06 Community Development Block Grant
Partnership Agreement between
Environmental
Services
Request to
approve the Funding Cap Transition Agreement between the County and the Florida
Department of Environmental Protection, related to the final expenditure for
the County’s participation in the Petroleum Cleanup Participation Program for
the Astatula Fuel Facility Spill Clean-Up;
approve the payment to Shaw Environmental, Inc., in the amount of
$21,805.75; and authorize the Department of Environmental Services, in
conjunction with the Office of Procurement Services, to negotiate with Shaw
Environmental, Inc., for ongoing engineering services related to the Astatula
Fuel Spill Clean-Up.-Commission District 3.
Growth
Management
Request
for approval, and execution of a Release of Fine. Property owner: Michael K.
and R. Elayne Diehl, Code Case No. CEB 378-00 - Commission District 1.
Request
for approval, and execution of a Release of Fine. Property owner:
Request
for approval and execution of a Release of Fine. Property owner: Robert E. Foster, Code Case
No. 2004060120 - Commission District 5.
Request
for approval and execution of a Release of Fine. Property owner: Robert E.
Foster, Code Case No. 2004060119 - Commission District 5.
Public
Safety
Request for approval of signature
authority for Public Safety Director, regarding clinical agreements with
paramedic training centers.
Public Works
Request for approval of a performance
and payment bond, in the amount of $419,259.30, as surety for a Developer’s
Agreement between
Request for authorization to approve
and execute a Purchase Agreement with David F. McQuilling III; and
authorization for the Chairman of the Board of County Commissioners to sign any
and all documents necessary for closing, for property within the Forrest
Hills/Lake Mack Flood Buy Out Program – Commission District 5.
Request for approval to execute
Change Order No. 2, in the amount of $9,240.74, relating to driveway
modifications on South Clermont Connector Project No. 2006-01; and approval to
execute Agreement between
Request to
award
Request to
approve and execute Change Order No.3, in the amount of $46,632.00, for
additional work relating to Countywide Drainage Project No. 2006-07; and approval
of budget transfer of funds from Stormwater MSTU Professional Services to
Stormwater MSTU
Improvements – Commission Districts 1 and 2.
On a
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a 5-0 vote, the Board approved the
Request for approval to Advertise
Ordinance dissolving the Lake County Cultural Affairs Council and creating the
Lake County Arts and Cultural Alliance.
Request for approval of Option
Agreement for Sale and Purchase between Lake County and James T. Pruett, Peter
M. Williams, and Judith A. Williams; Waiver of Contingencies; authorization for
Chairman to execute all closing documents; and approval of associated Budget
Transfer – Commission District 3.
AWARDS AND RECOGNITIONS
EMPLOYEE AWARDS
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
Sean Wilson,
Firefighter/EMT, Public Safety/Fire Rescue
Linda Moore,
Library Assistant, Community Services/Library Services
Donovan
Miller, Fire Lieutenant/Paramedic, Public Safety/Fire Rescue (not present)
Jared
Mielke, Firefighter/EMT, Public Safety/Fire Rescue (not present)
Charles
Matlak, Firefighter/EMT, Public Safety/Fire Rescue
Presentation
of Award to Employees with Ten Years of Service
Joseph Harris,
Chief Maintenance Supervisor
Facilities
Development & Management/Facilities Development
James
Condon, Facilities Maintenance Coordinator
Facilities
Development & Management/Facilities Development
Presentation of Award to Employees with
Twenty Years of Service
Raymond
Brittian, Fire Lieutenant, Public Safety/Fire Rescue
Presentation
of Award to Employee Retiring
Linda
Meeker, Senior Probation Officer, Community Services/Probation
PRESENTATION
Ms. Lori Humphrey, Project Manager,
of Lake County Shared Services Network, addressed the Board and invited them to
attend the fourth Child Protection Mini Conference, scheduled for May 10, 2007,
at
PRESENTATION
PROCLAMATION
DESIGNATING APRIL, 2007 AS CHILD ABUSE PREVENTION MONTH
Commr.
Stivender presented Proclamation No. 2007-40, designating April, 2007, as Child
Abuse Prevention Month, to Ms. Susan Berg, Family Court Manager, Fifth Judicial
Circuit, and Lisa Panzer, Community Facilitator, Devereaux Kids (sponsored by
Kids Central), stating that child abuse was a community problem and that
finding solutions depends on the involvement of people throughout the
community. She related that
approximately three million (3,000,000) children a year are reported abused and
neglected in this country, and approximately 80,000 children die each year
under violent and tragic circumstances. She added that the effects of child
abuse are felt by whole communities and needs to be addressed by the entire
community.
Ms. Berg
stated that prevention and parenting skill programs succeed because of
partnerships created among social service agencies, schools, religious and
civic organizations, law enforcement agencies and the business community.
Commr.
Stivender stated that all citizens should become aware of the negative effects
of child abuse and its prevention within their communities and become involved
in supporting parents to raise their children in a safe, nurturing environment.
Ms. Berg
accepted the Proclamation and thanked the Board for their support and
commitment to the abused, abandoned, and neglected children of
PRESENTATION
ACCEPTANCE
OF CONTRIBUTION FROM COOPER MEMORIAL
LIBRARYASSOCIATION
FOR JOINT USE LIBRARY IN CLERMONT
Ms. Wendy Breeden, Library Services
Director, spoke to the Board and introduced Ms. Bonnie Rae, President of the
Cooper Memorial Library Association, and Ms. Ann Dupee, Secretary, to make the
presentation of a gift for the new 53,000 square foot, state of the art
library. She informed the Board that
funds did not actually go through the County, because a Certificate of Deposit
(CD) reached maturity February 1, 2007, which was the deadline for
PRESENTATION
Ms. Pam Steinke, Lake County Health
Department Administrator, addressed the Board and stated that the first week in
April, 2007, was designated as National Public Health Week, a time to bring
awareness to the public about health services.
She continued that, at the present time, the Lake County Health
Department has nine locations throughout
Ms. Steinke said that they had partnered with
Florida Hospital Centra Care to offer free flu shots in the
Ms. Steinke informed the Board that
there had been a decrease in the amount of septic systems installed in
PRESENTATION
RESULTS
OF SURVEY BY MYREGION.ORG.
Mr. Phil Laurien, Executive Director,
gave a presentation regarding the results of a survey they had been conducting
on the How Shall We Grow Project. He
stated that they would address where they were going from here, and that things
would wrap up in August.
Ms. Shelly Lauten, Project Director,
then gave a slide presentation, stating that the purpose of the project was to
share a fifty year vision with the seven counties and eighty six cities that
make up
Mr. Laurien then discussed the amount
of development in the area. He added
that citizens were allowed to give their opinions online and that they had over
7,300 valid ballots returned, with results requesting the smallest urban
footprint, the most green space, the best air quality, the lowest water demand,
the most transportation choices, the shortest commute to work, and the most
robust economy. He reported that people
overwhelmingly voted not to continue with the current trend. Mr. Laurien said that a majority of people
favored having Centers, with surrounding mixed use zoning, so you could live
close to where you work. He continued
that the Corridor scenario actually came in first, with the smallest amount of
developed land, the smallest urban footprint by far (2,000 square miles less
than the trend), the smallest amount of water demand, with the most
transportation choices, and the most robust economy (90 billion dollars more
than the second choice and almost 500,000 more jobs than the trend).
Mr. Laurien stated that he was not sure that
people understood that, if a rail corridor system were brought in, the density
would have to greatly increase, in order to justify the cost. He said that each of these scenarios needed
to be further discussed, and that they were going to get input from the
appointed officials and their managers, and the elected officials and managers
of the eighty six cities, to help with the next step. He stated that a map would be available by
May 1, 2007, with an overlay of the green-areas that the people want, which
would then go to Mr. T. J. Fish, Executive Director of the Lake-Sumter
Metropolitan Planning Organization (LSMPO), and the MPO alliance, for a
prospective transportation network to connect these areas, which will produce a
rendering of what the vision will be for the year 2050.
Ms. Lauten commented that everywhere
they had been large cities or small towns, the majority of people were asking
to keep as much green space as possible, center the population, keep down
sprawl, and create transportation options.
She opined that what was most important was to have shared consistent
policies across the region, in land use, transportation, economic development,
and all the other principles that pertain to this picture for the future. She noted that there were several groups that
had been meeting on a regular basis: The Mayor’s Council, where all eighty six
of the Mayors had been invited to participate; The Central Florida Regional
Planning Council, which represented all seven counties; and all the School
Boards, which had formed The Joint Policy Committee. She stated that this committee has been drafting
some common shared policies that could move the region from 2005 toward a
better shared future.
Ms. Lauten continued by stating that,
at the last meeting of the Joint Policy Committee, they had decided that they
could work together with the land use managers in all seven counties, the Parks
and Recreation groups from all the counties, and the County Managers, to decide
how to weave the efforts of each county together to create a comprehensive
green print, and share the decisions that are made with the community at a
community event in August. Ms. Lauten
requested that the Board host a meeting with all the elected officials in the
County, so that there would be clarity on which policies make sense for
Ms. Cindy Hall,
PUBLIC
WORKS
MAINTENANCE
MAP FOR CR44-A AND
On a
motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board approved a request from Public Works for acceptance of
a Maintenance Map, for portions of CR44A No. 6286 and Estes Road No. 5876 -
Commission District 4.
OTHER
BUSINESS
REAPPOINTMENTS TO COMPREHENSIVE HEALTH CARE COMMITTEE
On a
motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by
a 5-0 vote, the Board reappointed of Dr. Shelley C. Glover, and Ms. Linda Nagle
to the Comprehensive Health Care Committee.
Dr. Glover will continue to serve as the Lake-Sumter Medical Society’s
“Member” representative and Ms. Nagle will continue to serve as its “Alternate
Member” representative for one-year terms, beginning May 1, 2007.
REPORTS
-
LIMITED GENERALOBLIGATION BOND AND
CAPITAL IMPROVEMENT
BONDS
Mr.
Tom Giblin, of Nabors, Giblin & Nickerson, P.A., (Bond counsel to the
County), made a presentation to the Board regarding the approval of a Bond
Resolution and Exhibits for the Lake County Limited General Obligation Bonds,
Lake County Capital Improvement Bonds, and a Supplemental Resolution and
Exhibits for the Lake County Capital Improvement Bonds. He distributed some revised documents to the
Board, at which time he discussed the
General Obligation Bonds issue, stating that there was a Limited General
Obligation Bond Resolution that had parameters, and that they delegate to the
Chairman the ability to sign a purchase contract with the underwriters, if
certain financial parameters had been met.
He reviewed the parameters of the Bond issue, which was authorized in
the Bond Referendum to be issued in the amount of $36 million. He continued that the second item, was that
the underwriter discount cannot exceed six tenths of one percent (6/10 of 1%),
and the third item was that the interest rate on the Bonds on an overall basis
cannot be greater than 4.75 (4 ¾%), with the final maturity of the Bonds being
no later than 20 years from the date of issuance. He continued that the first redemption date,
or the first date that they could call those Bonds, would be in ten years, or
June 1, 2017. He informed everyone that
several of the requirements, including a good faith deposit, must be given by
the underwriters to the County. Continuing,
he said that attached to the Resolution, were 3 Exhibits: Number 1 was the Bond
Purchase Agreement, which lays out all of the conditions under which the
underwriters have agreed to purchase the Bonds from the County; Number 2 was
the Preliminary Official Statement, or Disclosure Document, in order to
understand what the Bond Issue is all about, which in this case, was 1/3 of a
mil, that the voters approved and passed; and Number 3 was the Continuing
Disclosure Certificate, which was required by the Securities Exchange
Commission (SEC) as a securities matter in terms of updating certain
information, so that future Bond holders can get an understanding of what Lake
County is all about, and what the Bond Issue is all about.
On
a motion made by Commr. Stivender, seconded by Commr. Hill and carried
unanimously, by a 5-0 vote, the Board approved the General Obligation Bond
Resolution.
Mr. Giblin then discussed the Second
Bond Issue, which is called the Sales Tax Capital Improvement Revenue Bond
Resolution, which had been split into two pieces so that they could do another sales
tax bond issue later down the road, if they had more sales tax come in. He stated that the next Resolution up for
approval was the Master Bond Resolution, which should include the changes that
were circulated yesterday, regarding the requirements that the insurance
company had in terms of providing an insurance policy for the bond issue.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved the Master Bond Resolution with changes.
Mr. Giblin added that the final
Resolution was a companion or Supplemental Resolution to the bond issue that
was just adopted. He referred to Page 4,
Section 5, and he would walk them through the terms. He said that it was a delegated award to the
Chairman, and the parameters are as follows: Not to exceed $100 million
($100,000,000); which he opined would be somewhere around eighty five to ninety
million dollars, ($85,000,000 to 90,000,000), with the underwriting discount
not to exceed 6/10 of 1%, and that the true interest cost of these bonds could
not be greater than 5%. He stated that
the reason it was greater than the others was that it would be for a longer
period of time. He added that the other
one was a 20 year issue, and this one was for 30 years, with the final maturity
date to be no later than June 1, 2037. He informed the Board that there was an
optional redemption provision which states that the bonds can be redeemed after
ten years, or June 1, 2017. He stated
that they had attached some of the same exhibits as seen in the previous one,
but key to this bond issue was the Purchase Contract, the Disclosure Document,
and the Guaranty Agreement with the Bond Assurance Company. He continued that normally, a Revenue Bond
issue requires a debt service reserve account to be set up. He added that they had gotten a Surety Bond
from the insurance company, which was like an extra insurance policy that would
allow the County to have a greater debt capacity, in terms of being able to
issue debt. He stated that this final
Resolution contained the Continuing Disclosure Certificate, which was a
requirement of the Securities Exchange Commission (SEC).
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved the Supplemental Resolution and Exhibits for
the Lake County Capital Improvements Bonds.
REPORTS – COMMISSIONER HILL –
DISTRICT 1
LEESBURG YELLOW JACKETS
On a motion by Commr. Hill, seconded
by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved
the request to approve and execute Resolution No. 2007-54, recognizing the
Leesburg Yellow Jackets Girls Basketball Team for going to the State Semi-Final
Tournament. It was noted that a
presentation of the Resolution will be sometime in May of this year.
RECORDS
AND INFORMATION MANAGEMENT
On
a motion by Commr. Hill, seconded by Commr. Stivender, and carried unanimously,
by a 5-0 vote, the Board approved the Request to approve and execute Resolution
No. 2007-55, proclaiming April 2007,
Records and Information Management Month in Lake County.
LAW
ENFORCEMENT DAY
Commr. Hill made an announcement that
Law Enforcement Day will be May 18, 2007, and to mark their calendars.
REPORTS - COMMISSIONER CADWELL –
DISTRICT 5
NATIONAL
PUBLIC SAFETY TELECOMMUNICATIONS PROCLAMATION
On a motion by Commr. Stivender,
seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board
approved Proclamation No. 2007-56, proclaiming April 8 thru 14, 2007 as
National Public Safety Telecommunications Week in Lake County.
REPORTS – COMMISSIONER STEWART –
DISTRICT 4
WATER SUPPLY ISSUE
Commr.
Stewart stated that she had attended several meetings over the past several
months concerning the water supply issue, including a water conservation summit
that was held on Monday, April 2, 2007, at the
REPORTS –
BOARD WORKSHOP
Ms.
Cindy Hall,
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Deborah Foster, a resident of
Leesburg, addressed the Board and asked if anything was being done regarding
the boom box issue involving her neighborhood, because she believed it was
getting worse.
Commr. Cadwell stated that the
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 10:30 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK