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.
Ms. Melanie Marsh, Deputy County Attorney, pulled Tab 21, stating that it would be brought back at a later date.
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.
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).
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the
Request for approval of the following:
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
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
Request for approval and execution of Proclamation No. 2007-57, recognizing National
Community Development Week 2007.
approve the First Amendment to the Community Development Block Grant (CDBG)
Partnership Agreement between
approve the First Amendment to the FY 2005/06 Community Development Block Grant
Partnership Agreement between
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.
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.
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.
Request for approval of signature authority for Public Safety Director, regarding clinical agreements with paramedic training centers.
Request for approval of a performance
and payment bond, in the amount of $419,259.30, as surety for a Developer’s
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 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.
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
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
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,
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.
accepted the Proclamation and thanked the Board for their support and
commitment to the abused, abandoned, and neglected children of
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
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
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
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,
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.
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.
LIMITED GENERALOBLIGATION BOND AND CAPITAL IMPROVEMENT
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
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
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
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
JAMES C. WATKINS, CLERK