Minutes of the City of Leesburg Commission Meeting

MINUTES OF THE CITY COMMISSION MEETING MONDAY, MARCH 28, 2011

The City of Leesburg Commission held a regular meeting Monday, March 28, 2011, in the Commission Chambers at City Hall. Mayor Polk called the meeting to order at 5:30 p.m. with the following members present:

Commissioner John Christian Commissioner Sanna Henderson Commissioner David Knowles Commissioner Lewis Puckett Mayor Bill Polk

Also present were City Manager (CM) Jay Evans, City Clerk (CC) Betty Richardson, City Attorney (CA) Fred Morrison, Deputy City Clerk (DCC) Teresa Bagwell, the news media, and others.

Fire Chief (FC) Kevin Bowman gave the invocation followed by the Pledge of Allegiance to the Flag of the United States of America.

PROCLAMATIONS: none

PRESENTATIONS:

Electric Director (ED) Paul Kalv recognized Ron Hancock for twenty years of service with the Electric Department.

Finance Director (FD) Jerry Boop recognized Janice McMullen for twenty years of service in Finance Department/Customer Service

HEARD A PRESENTATION ON NATURAL GAS PUBLIC AWARENESS INFORMATION REVIEW BY GAS DIRECTOR JACK ROGERS

Gas Director (GD) Jack Rogers gave a presentation on Natural Gas and Public Awareness. (Attachments)

Mayor Polk asked if the City lights pilot lights for gas customers. GD Rogers said the City lights pilot lights and the City performs minor service work for customers. Annually, the City does bill notification on furnace checks. The City will check the Customer’s furnace for proper function and carbon monoxide leaks.

CM Evans requested GD Rogers to explain cathodic protection on the all-steel gas pipe system. GD Rogers explained all of the City gas lines have two lines of defense against corrosion. The first is an external, factory applied protective coating on all main and service lines. The second is cathodic protection. Four strategically placed anode beds, driven by rectifiers, impress a small amount of DC current to the gas lines. This current protects the lines against corrosion where there may be a flaw or damage to the protective coating. The City lines are continuously checked and maintained. Steel lines are far more durable than the plastic lines that are commonly used today by many gas utilities.

MINUTES OF THE CITY COMMISSION MEETING HELD MARCH 28, 2011

Commissioner Henderson asked who are the largest gas customers in the City. GD Rogers replied, Cutrale, Coleman Federal Prison, LRMC, and DAB (Asphalt plant). He said many restaurants and businesses use gas for cooking.

HEARD A PRESENTATION FISCAL YEAR 2010 PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT BY DAN O'KEEFE OF MOORE, STEPHENS AND LOVELACE

FD Boop introduced Joel Knopp and Dan O’Keefe of Moore, Stephens and Lovelace. Mr. Knopp was the manager in charge of the onsite audit process and Mr. O’Keefe is a partner in the firm.

Mr. O’Keefe gave a presentation on the Comprehensive Annual Financial Report (CAFR) in a power-point presentation to the City Commission. (Attachment)

Commissioner Henderson asked how many samples are taken from each budget category and utility accounts. Mr. O’Keefe explained 60 samples were taken from Payroll records, two from Construction Fund, and 40 utility accounts were sampled.

Commissioner Christian asked if time was a factor for the first year of the audit. He asked if the audit should start earlier next year. Mr. O’Keefe replied the amount of time was good. He hopes to finish earlier next year. He said no two audits are alike and samples will be different in the upcoming year.

Mayor Polk asked how many staff members worked on the audit and will the same staff members be used in Leesburg’s audit next year. Mr. O’Keefe said six members of staff were assigned to the audit this year and because his company believes in consistency, the same staff will be used next year.

CONSENT AGENDA:

Commissioner Puckett moved to adopt the Consent Agenda; and Commissioner Knowles seconded the motion.

The roll call vote was: Commissioner Henderson Yea Commissioner Puckett Yea Commissioner Christian Yea Commissioner Knowles Yea Mayor Polk Yea

Five yeas, no nays, the Commission adopted the Consent Agenda, as follows:

CITY COMMISSION MEETING MINUTES:

Meeting held February 28, 2011

Meeting held March 14, 2011

2 MINUTES OF THE CITY COMMISSION MEETING HELD MARCH 28, 2011

PURCHASING ITEMS: None

RESOLUTIONS:

Resolution 8828 Resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to execute Supplemental Joint Participation Agreement Number 1 with the Florida Department of Transportation for additional funding for a security project at Leesburg International Airport; and providing an effective date.

Resolution 8829 Resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to execute amendments 1 and 2 with Telvent USA Corporation changing the name of the vendor (formerly Miner and Miner) and adding additional software modules to a computer software License Agreement used by the electric and communications utilities for a total of $105,000.00; and providing an effective date.

Resolution 8830 Resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City Clerk to execute five service and/or support agreements as listed with QEI, Inc. for the Electric Utility totaling $25,097.00; and providing an effective date.

Resolution 8831 A resolution of the City Commission of the City of Leesburg, Florida adopting the Lake County Multi-Jurisdictional Local Mitigation Strategy; and providing an effective date.

Resolution 8832 Resolution of the City Commission of the City of Leesburg, Florida authorizing an Energy Efficiency & Appliance Rebate Program; and providing an effective date.

Resolution 8833 Resolution of the City Commission of the City of Leesburg, Florida, ratifying the appointment of Captain Earll Bean as a member of the Leesburg Police Officers' Pension Board for a two year term to expire December 31, 2012; and providing an effective date.

OTHER ITEMS: None

PUBLIC HEARINGS AND NON-ROUTINE ITEMS:

ADOPTED ORDINANCE 11-28 AMENDING THE CODE OF ORDINANCES CHAPTER 5 ALCOHOLIC BEVERAGES

CC Richardson read the ordinance, as follows:

An ordinance of the City of Leesburg, Florida, amending Chapter 5 Alcoholic Beverages of the Code of Ordinances by adding Sections 5-0 Conformity with State Law and 5-11A Fighting competitions and events prohibited and amending sections 5.0 through 5-6.2; repealing conflicting ordinances; providing a savings clause; and providing an effective date.

Commissioner Knowles moved to adopt the ordinance and Commissioner Puckett seconded the motion.

Mayor Polk requested comments from the public. There were no comments.

Community Development Director (CDD) Bill Wiley stated for the record “Page Two, Number Seven in the Agenda Memo is to be corrected from 500 seats to 200 seats.” City Attorney (CA) Fred Morrison said the ordinance is correct and no vote is needed for an Agenda Memo change.

The roll call vote was: Commissioner Puckett Yea Commissioner Christian Nay Commissioner Knowles Yea Commissioner Henderson Yea Mayor Polk Yea

Four yeas, one nays, the Commission adopted the Ordinance.

ADOPTED RESOLUTION 8834 AUTHORIZING AN ANNEXATION AGREEMENT FOR APPROXIMATELY 11.37 ACRES WITH LEESBURG AND RECYCLABLE 100, INC. PROPERTY

Commissioner Knowles introduced the resolution to be read by title only. CC Richardson read the resolution by title only, as follows:

A resolution of the City Commission of the City of Leesburg, Florida, authorizing execution of an annexation agreement for approximately 11.37 acres between the City of Leesburg and. Recyclable 100, Inc; and providing an effective date.

Commissioner Christian moved to adopt the resolution and Commissioner Henderson seconded the motion.

Commissioner Puckett said he had received complaints from residents in the Arlington Ridge Subdivision. He said he is disappointed no residents are here tonight. The complaints he received were about the fence to be erected.

CDD Wiley explained the applicant is asking to install a fiberglass fence and the Arlington Ridge is asking for a PVC fence. The City does not require a specific type of fence material. The applicant will put up fiberglass fence because at the start of Phase II, the applicant will be replacing the fence with a concrete wall. The fence will be disposed. The fiberglass fence is more cost effective to the applicant.

Commissioner Puckett asked when Phase II will be started. Greg Beliveau, LPG Urban & Regional Planners, Inc. said he does not know when Phase II will start. Phase I is 135 feet from Arlington Ridge. The applicant exceeded required code requirements with the 135 foot buffer, additional landscaping, and the fence.

Commissioner Henderson asked if the fence will help with the industrial sounds. Mr. Beliveau said the fence will provide a sound barrier. Commissioner Henderson said the fence will protect the residents. The annexation is positive for the residents and the industrial park. 4 MINUTES OF THE CITY COMMISSION MEETING HELD MARCH 28, 2011

Commissioner Puckett expressed concern for aggravating the Arlington Ridge residents. Mr. Beliveau explained the residents moved in next to one of the oldest industrial parks in Lake County. The annexation into the City will provide the residents with more strict regulations.

Commissioner Christian said staff and the Mr. Beliveau have done a wonderful job trying to make good by the residents.

Commissioner Knowles said Arlington Ridge is wise to allow the annexation. The subdivision will be protected by City regulations. The city is doing a great job.

Mayor Polk said Arlington Ridge will be protected if the industrial park is annexed into the City.

The roll call vote was: Commissioner Christian Yea Commissioner Knowles Yea Commissioner Henderson Yea Commissioner Puckett Yea Mayor Polk Yea

Five yeas, no nays, the Commission adopted the resolution.

ADOPTED ORDINANCE 11-29 ANNEXING APPROXIMATELY 11.37 ACRES ON THE WEST SIDE OF HAYWOOD WORM FARM ROAD, SOUTH OF ROGERS INDUSTRIAL PARK ROAD AND NORTH OF ARLINGTON RIDGE SUBDIVISION - RECYCLABLE 100, INC. PROPERTY

An ordinance of the City of Leesburg, Florida, annexing certain real property consisting of approximately 11.37 acres and being generally located on the west side of Haywood Worm Farm Road, south of Rogers Industrial Park Road and north of Arlington Ridge Subdivision, lying in Section 22, Township 20 south, Range 24 east, Lake County, Florida, which is contiguous to the City Limits of the City of Leesburg, Florida, providing that said property so annexed shall be liable for its proportionate share of the existing and future indebtedness of said city; providing that such annexed property shall be subject to all laws and ordinances of said city as if all such territory had been a part of the City of Leesburg at the time of passage and approval of said laws and ordinances; providing that such annexed territory shall be placed in City Commission District 3; and providing an effective date (Recyclable 100).

Commissioner Puckett moved to adopt the ordinance and Commissioner Christian seconded the motion.

The roll call vote was: Commissioner Knowles Yea Commissioner Henderson Yea Commissioner Puckett Yea Commissioner Christian Yea Mayor Polk Yea

Five yeas, no nays, the Commission adopted the Ordinance.

ADOPTED ORDINANCE 11-30 REZONING APPROXIMATELY 11.37 ACRES ON THE WEST SIDE OF HAYWOOD WORM FARM ROAD, SOUTH OF ROGERS INDUSTRIAL PARK ROAD AND NORTH OF ARLINGTON RIDGE SUBDIVISION, FROM COUNTY MP TO CITY PUD (RECYCLABLE 100, INC)

An ordinance of the City of Leesburg, Florida, rezoning approximately 11.37 acres generally located west of Haywood Worm Farm Road, south of Rogers Industrial Park Road and north of Arlington Ridge Subdivision, lying in Section 22, Township 20 south, Range 24 east, Lake County, Florida, from County MP (Planned Industrial) to City PUD (Planned Unit Development); and providing an effective date. (Recyclable 100, Inc)

Commissioner Knowles moved to adopt the ordinance and Commissioner Christian seconded the motion.

Five yeas, no nays, the Commission adopted the Ordinance.

INTRODUCED AN ORDINANCE REZONING APPROXIMATELY .16 ACRE WEST OF MCCORMICK STREET, SOUTH OF JOHN'S AVENUE AND NORTH OF BRADFORD AVE, FROM CITY R-2 TO SPUD (CARVER FOOD PANTRY & CLOTHING CLOSET/ WEST LEESBURG CDC)

Commissioner Christian introduced the ordinance to be read by title only. CC Richardson read the ordinance, as follows:

An ordinance of the City of Leesburg, Florida, rezoning approximately .16 acre generally located west of McCormick Street, south of John’s Avenue and north of Bradford Ave, lying in Section 22, Township 19 south, Range 24 east, Lake County, Florida, from City R-2 (Medium Density Residential) to City SPUD 6 MINUTES OF THE CITY COMMISSION MEETING HELD MARCH 28, 2011

(Small Planned Unit Development); and providing an effective date. (Carver Food Pantry & Clothing Closet)

INTRODUCED AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 17, PENSIONS & RETIREMENT, ARTICLE IV, POLICE OFFICERS' RETIREMENT FUND OF THE CODE OF ORDINANCES

An ordinance of the City of Leesburg, amending Chapter 17, Pensions and Retirement, Article IV, Police Officers’ Retirement Fund, of the Code of ordinances of the City of Leesburg; amending Section 1, Definitions; providing for codification; providing for severability of provisions; repealing all ordinances in conflict herewith and providing an effective date.

INTRODUCED AN ORDINANCE ACCEPTING A GENERAL EASEMENT FROM DIANE N. WINDRAM, REPRESENTATIVE FOR OAK GROVE APARTMENTS (200 CHURCH STREET)

An ordinance of the City of Leesburg, Florida, accepting an easement from Diane N. Windram, as grantor, to the City of Leesburg, as grantee, pertaining to sidewalk installation and maintenance at Oak Grove Apartments, located in Section 25, Township 19 south, Range 24 east, Lake County, Florida; and providing an effective date.

ADOPTED RESOLUTION 8835 AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH LEVIS, INC. FOR USE OF THE PUBLIC SIDEWALK IN FRONT OF 114 S. 5TH STREET AS PER ATTACHED EXHIBIT A

Commissioner Knowles introduced the resolution to be read by title only. CC Richardson read the resolution by title only, as follows:

A resolution of the City Commission of the City of Leesburg, Florida authorizing the Mayor and City clerk to execute a License Agreement with Levis, Inc. for use of the public sidewalk in front of 114 S. 5th Street as per attached exhibit A; and providing an effective date.

Commissioner Christian moved to adopt the resolution and Commissioner Knowles seconded the motion.

CDC Wiley explained the license agreement is necessary because of the name change from Midtown Grill to Levis, Inc.

Mayor Polk welcomed the new business into downtown Leesburg.

Five yeas, no nays, the Commission adopted the resolution.

INFORMATIONAL REPORTS:

Miscellaneous Accounts Receivable Balances with the City Attorney as of February 28, 2011

Expected Write-offs as of February 28, 2011

Monthly Financial Report for February 28, 2011

CITY ATTORNEY ITEMS: None

CITY MANAGER ITEMS:

1. CM Evans advised Wayne Densch, Inc. is awarding the Center for the Arts, $85,000, for renovation of their gallery lighting, a sprinkler system, and other improvements to the building. The funds come with a catch. Wayne Densch is requiring the sponsorship name be included in the Center for the Arts sign. The sign will read “Wayne Densch Leesburg Center for the Arts.” Wayne Densch Inc. will pay for the sign.

The vote passed four to one with Commissioner Christian voting no to accept the $85,000 and change the sign to read Wayne Densch Leesburg Center for the Arts.

2. CM Evans thanked Staff for the hard work on the Comprehensive Annual Financial Report (CAFR).

PUBLIC COMMENTS:

Joe Shipes, Leesburg Partnership Director, gave an overview of the Bike Fest non-profit sponsorships. He gave a list of the sponsorships for the 2011 Bike Fest and said he will be adding new non-profits to the list next year.

Mayor Polk said the Lake County Soccer Club approached him today about a location to sell barbeque during Bike Fest. Mr. Shipes said he talked to the Lake County Soccer Club today and is working with the club.

Commissioner Henderson asked if the Leesburg Partnership gets a percentage of the money raised. Mr. Shipes said the Partnership collects a flat rate on merchandise, a commission on the food, and no charge for parking.

ROLL CALL:

Commissioner Henderson - announced Burry’s Pharmacy is having a barbeque to benefit the American Cancer Society Relay for Life. The event is Thursday March 31st, 2011 at 5:30 p.m. on Webster Street. She announced Lake County League of Cites is sponsoring a class on Effective Advisory Boards and Committees Training May 14, 2011 at 11:00 a.m. at the MPO Office. She said the League of Cities presented a resolution draft at the last meeting of the city required water connections. The resolution is a legislative priority. CM Evans said the resolution has to do with local ordinances not being valid because the local water management districts have authority. The resolution is an effort to correct the interpretation. CA Morrison said the City has an ordinance requiring connection to the City water system, but the local water authority has the sole authority over the wells. The City can require connection, but cannot require water usage.

Commissioner Puckett – announced the Leesburg Boating Club will have an event Thursday, March 31st, 2011. The event is in the evening and the cost is $30 per person. He stated as of March 28, 2011 the total cost on Kristen Court is $160,116.

Commissioner Christian – said he voted Nay on the grant for the Center for the Arts because he refuses to support an alcohol salesman. The $85,000 is nice, but the City has invested $400,000 into the building. He stated staff should take control of the letter size of “Wayne Densch” on the sign. He said the “Leesburg Center for the Arts” should be in larger lettering. Mr. Shipes explained Wayne Densch Inc. is now a Charity Foundation used to fund the homeless, send kids to Orlando Magic games, and funded the Center for the Arts in Sanford. Wayne Densch is completely out of the beverage distribution business.

Commissioner Christian requested Staff bring back the sign design when completed to the City Commission for approval. CM Evans said he will bring the sign design at the next Commission meeting.

Commissioner Knowles said he received a request for the Pat Thomas Field to not serve beer. Pat Thomas Field does not currently serve beer and should remain alcohol free.

Mayor Polk- read a letter from Leesburg Boating Club. (Attached) He said the Leesburg Boating Club would like to modify the lease to enable a secure building and secure dock. The club currently pays the insurance on the leased area and is in the process of making repairs and cleaning up the building and the dock. The club would like to erect a short fence to the lake for security purposes.

Commissioner Puckett said the club does not own the property or the dock, but would like to maintain the property and dock until the end of the lease. CM Evans said it is not unusual to have control of leased property. Commissioner Henderson said the club has a 99 year lease.

Mayor Polk asked the City Attorney to amend the lease. CA Morrison said he will draft an amendment.

Mayor Polk thanked everyone from the Public for attending the meeting.

Commissioner Knowles moved to adjourn and Commissioner Puckett seconded the motion. The meeting adjourned at 6:59 p.m.

______Mayor ATTEST:

______City Clerk

Teresa Bagwell ___ Recorder

MINUTES 110328