A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
july 24, 2012
The Lake County Board of County Commissioners met in regular session on Tuesday, July 24, 2012 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: Leslie Campione, Chairman; Jennifer Hill, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION and pledge
Pastor Rick Fountain from the First Baptist Church of Tavares gave the Invocation and led the Pledge of Allegiance.
Mr. Darren Gray, County Manager, requested to add an approval of a position due to a recent resignation under his reports.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board moved to add that item to the agenda.
presentation of check from fairwinds for pond restoration
Ms. Wendy Breeden, Public Resources Director, related that some representatives from Fairwinds Credit Union were granting Lake County $1,000 towards restoration of two ephemeral ponds at PEAR Park.
Ms. Brenda Peterson, Fairwinds Regional Vice President, stated that Fairwinds Credit Union’s Go Green Team does a lot of community events, and they were very proud and happy to present the check for $1,000. She mentioned that they have five branches in the Lake County area and commented that it has been a great partnership with the County, which they were looking forward to continuing.
Commr. Campione thanked Fairwinds on behalf of the Board and added that PEAR Park was one of their premier passive recreation areas, which has miles of trails, demonstration gardens, meadow and scrub restoration areas, and ephemeral ponds. She commented that through this contribution, they will be able to do some planting, and they were already starting to see wading birds enjoying the new pond area.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the Minutes of June 12, 2012 (Regular Meeting) as presented.
citizen question and comment period
Mr. Mike Perry, Executive Director for the Lake County Water Authority, related that recently there was a cleanup effort to remove a lot of the trees and branches that had fallen into the Dora Canal and that the County donated $5,000 towards that effort, which was matched by the Water Authority with donations also from the Cities of Tavares, Mount Dora, and Eustis; and he also showed photographs of that cleanup effort. He stated that all of the trees, limbs, and logs that were removed from the canal were transported to Summerall Park in the City of Tavares, and he commented that he was surprised about the huge amount of wood that was recovered. He reported that some of the larger pieces of that wood were loaded onto a truck that transported them to a sawmill, some of the wood was used at Hickory Point Park, and some of the select pieces were used around some of the City of Tavares buildings. He added that citizens also took some driftwood pieces that had some artistic value to them, and the remainder of the wood was chipped up to create piles of mulch to be used at parks and other places. He mentioned that they had gotten calls from the public to thank them for this effort, and he thanked the Board for their impetus to get the project started and to get all of them working collaboratively together, as well as for their monetary contribution. He noted, however, that there were still some remnant stumps that they could not get out, but opined that the public has been well served by this cooperative effort between governments.
Mr. Scott Taylor, a resident of Sorrento, thanked everyone for that project, commenting that the Dora Canal is a treasure in Lake County, and he noted that his boat had hit bottom many times there in the past.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 8, 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.
City of Tavares’ Comprehensive Annual Financial Report
Request to acknowledge receipt of a copy of the City of Tavares’ Comprehensive Annual Financial Report for the year ending September 30, 2011.
Notification of Annexation by the City of Eustis
Request to acknowledge receipt of a Notification of Annexation by the City of Eustis stating the City’s intent to annex approximately 0.22 acres contiguous to the Eustis City limits and located within the Eustis Planning Area and stating that the public hearing regarding this annexation is scheduled for July 22, 2012 at 6:00 p.m., with a second reading on July 19, 2012 at 6:00 p.m., in the Eustis City Hall Commission Room, 10 North Grove Street, Eustis, Florida. The Notification included a copy of City of Eustis Ordinance 12-11, “Notice of Quasi-Judicial Public Hearing” stating the same, and a map of the property to be annexed.
Notification of Filing Financial Report by Greater Lakes/Sawgrass Bay CDD
Request to acknowledge receipt of notification that the Greater Lakes/Sawgrass Bay Community Development District has filed an Annual Financial Report with the Department of Financial Services, pursuant to Section 218.32 (1)(g), Florida Statutes.
Notification of Filing Financial Report by Cherry Lake CDD
Request to acknowledge receipt of notification that the Estates at Cherry Lake Community Development District has filed an Annual Financial Report with the Department of Financial Services, pursuant to Section 218.32 (1)(g), Florida Statutes.
Estates at Cherry Lake CDD Annual Financial Audit Report
Request to acknowledge receipt of Estates at Cherry Lake Community Development District’s Annual Financial Audit Report for the Fiscal Year Ended September 30, 2011, pursuant to Section 11.45 and Section 189.418, Florida Statutes.
Ordinance from City of Tavares
Request to acknowledge receipt of Ordinance 2012-12 from the City of Tavares amending the boundaries of the City by annexing approximately 1.41 acres located on the north side of US Hwy 441, approximately 750 feet east of Lake Eustis Drive and rezoning said property from Lake County Commercial (C-1) and Residential Professional (RP) to City of Tavares General Commercial (C-1).
Announcement of Meeting from Florida Public Service Commission
Request to acknowledge receipt of email from the Florida Public Service Commission announcing a meeting for customers of Utilities, Inc. of Pennbrooke on Wednesday, July 18, 2012 at 6:00 p.m. in the Grand Hall at Pennbrooke Fairways located at 33825 Pennbrooke Parkway, Leesburg, FL 34748.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 4 through 17 as follows:
Request for authorization to fill two vacant Mechanic I positions within the Fleet Management Division. The fiscal impact is $75,472.
Economic Development and Tourism
Request for approval of agreement between Lake County, the City of Leesburg, and the University of Central Florida Research Foundation (UCFRF) to support and fund the Leesburg Incubator in the amount of $85,000.
Request for authorization to fill one vacant Tourism Program Supervisor position within the Economic Development and Tourism Division. The fiscal impact is $42,314.
Facilities Development and Management
Request for approval of a GMP of $256,625.53, and a 10% contingency of $25,663 for the project entitled “Combined Fleet Operations Center,” and authorize County staff to complete all associated implementing documents. The fiscal impact is $282,288.53.
Request for approval of a change order to Ruby Builders Inc. in the amount of $7,561.52 for additional new siding at the Astor Sheriff’s Substation and the approval for staff, under the direction of the County Manager, to execute all functions in support of the contract. The fiscal impact is $7,561.52.
Request for authorization to fill one vacant Parks and Trails Program Manager position in the Public Resources Department, Parks and Trails Division. The fiscal impact is $66,504.
Request for authorization to fill one vacant Library Services Division Manager position in the Public Resources Department, Library Services Division. The fiscal impact is $96,183.
Request for approval of the corrected URR Resolution No. 2012-85 to replace Resolution 2012-65 associated with the A T & T Tower Co-location. Agreement BCC approval date 6/12/2012.
Request for authorization to release cash funds posted as maintenance surety in the amount of $31,952.70 for Hunter Oaks. Hunter Oaks consists of 18 lots and is located in Section 1, Township 18 South, Range 26 East. Commission District 5. There is no fiscal impact.
Request for authorization to execute an Interlocal Agreement between Lake County and the City of Umatilla for Orange Avenue Redesign and Rehabilitation Project. Commission District 5. The fiscal impact is $177,300.
Request for approval and signature of Resolution No. 2012-86 to advertise public hearing to vacate a portion of an unnamed right of way in the Plat of Clermont Farms in the Clermont area. There is no fiscal impact. Commission District 1.
Request for authorization to fill one (1) vacant Right of Way Agent I position within the Public Works Department/Engineering Division. The fiscal impact is $46,270.
Request for approval and signature of Resolution No. 2012-87 to advertise public hearing to vacate a portion of a drainage easement in Vineyard Estates in the Clermont area. There is no fiscal impact. Commission District 1.
Request for approval of contract 12-0022 for professional on call geologic and hydrogeologic services to Andreyev Engineering, Inc. The fiscal impact is estimated at $38,000.
Commr. Cadwell commented that any of the requests to fill vacated positions are absolutely necessary to fill, and he believes Mr. Gray is fully qualified to make those decisions and that they should give Mr. Gray the latitude to fill those without coming back to the Board as long as the positions are budgeted and approved by the Board, especially now that the meeting schedule has been reduced, resulting in a longer time between meetings.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to add to the agenda under Commr. Cadwell’s regular business a discussion about whether the Board should give Mr. Gray the ability to replace those employees.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 18 and 19 as follows:
Request for approval of Resolution No. 2012-88 regarding issuance of tax-exempt industrial development revenue debt to make a loan to Living Well Lodges, LLC or an affiliate to construct and equip an adult assisted living facility known as Osprey Lodge of Clermont.
Request for approval of extension of Revocable Non-Exclusive License Agreements between Lake County and the Cities of Eustis, Tavares and Mount Dora regarding property located on Frankie's Road near the County’s Animal Control Facility to keep animals on a temporary basis. There is no fiscal impact.
ordinance regarding secondary metals recyclers
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor for its first and only reading by title only, as follows:
AN ORDINANCE OF THE BOARD OF THE COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING LAKE COUNTY CODE CHAPTER 14, ARTICLE VI, ENTITLED “SECONDARY METALS RECYCLERS;” PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff recapped that at the request of the Sheriff, the Board passed an ordinance in 2011 regulating secondary metals recyclers because of all of the theft that was occurring; however, this year the legislature has codified in the statutes something almost identical to their ordinance with increased penalties, and the Sheriff indicated to him that he agrees that the local regulation is no longer necessary. He also pointed out that the County was responsible for the cost of prosecuting a violation of this County ordinance, which resulted in only a misdemeanor charge as opposed to a felony charge for a state prosecution, and this would give the Sheriff better tools to stop this kind of activity.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this ordinance, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously, the Board approved the adoption of Ordinance No. 2012-47 repealing Article VI in Chapter 14 of the Lake County Code Relating to Secondary Metals Recyclers. There is no Fiscal Impact.
rezoning consent agenda
Mr. Brian Sheahan, Planning and Community Design Manager, illustrated on the overhead monitor that this meeting has been properly advertised, and he noted that there were no changes to the agenda.
The Chairman opened the public hearing for the rezoning consent agenda.
There being no one who wished to address the Board regarding those items, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda as follows:
Tab 1. Ordinance No. 2012-48
BLR-Windmill Rd. Commercial, LLC/J. Hall AICP
Request to rezone property from Agriculture (A) to Planned Unit Development (PUD) to facilitate development of a Rural Conservation Subdivision
Tab 2. Ordinance No. 2012-49
Floribra-Windmill 27 I & II, LLC
Request to rezone property from Agriculture (A) to Planned Unit Development (PUD) to facilitate development of a Rural Conservation Subdivision
rezoning regular agenda
northside christian church of fruitland park - ph#25-12-5
Mr. Sheahan explained that Mr. Alan Wayne Bradley applied on behalf of Northside Christian Church of Fruitland Park to amend the existing CFD Ordinance as well as adding 3.9 acres of land on which the parsonage will be located, which was obtained from the neighboring property owned by Jacqueline Caburn. However, this left Ms. Caburn’s property, which was zoned Agriculture, nonconforming with only 1.75 acres and unable to do additions to her home or add accessory structures until that lot is brought into conformance. He pointed out that they have advised that her property should be rezoned to R-1, which will be in conformance with the 2030 Comprehensive Plan. He also added that the parsonage is conforming with the CFD Zoning District and the underlying urban medium future land use category.
The Chairman opened the public hearing.
There being no one who wished to speak regarding this zoning case, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2012-50 for PH#25-12-5, Northside Christian Church of Fruitland Park and Alan Wayne Bradley, to amend the Community Facility District (CFD) Ordinance #60-87 to add a parsonage and to include additional land currently zoned Agriculture (A).
central florida council of the bsa – rezoning case ph#24-12-5
Commr. Campione explained that since Tabs 4 and 5 were interrelated, they would discuss them together but vote on the approval of each one separately.
Commr. Conner disclosed that he had received two phone calls regarding these cases from Mayor Sue Hooper of Eustis and Mr. Don Magruder and discussed those cases with them.
Commr. Parks disclosed that he had talked with Mr. Tim Bailey about this case.
Commr. Campione disclosed that she had also talked with Mr. Bailey many months ago about this matter.
Mr. Sheahan reported that the applicants in this case, who were Mr. Michael Harding for the Boy Scout Camp regarding PH#24-12-5 and Mr. Tim Bailey for PH#16-12-4, were represented by Mr. Timothy Green from the Green Consulting Group. He related that the Boy Scout Camp is located in the Paisley area southeast of the intersection of County Road 42 and Maggie Jones Road, and the Bailey PUD is in the Mount Plymouth area on State Road 46 just east of Heathrow Country Estates. He specified that the Boy Scout Camp had a future land use of Rural/Wekiva A-1-20 and A-1-40 Sending Areas, was zoned Community Facilities District, and consisted of just over 1,000 acres; and the Bailey property had a future land use of A-1-20 Wekiva and Mt. Plymouth/Sorrento Receiving Areas, was zoned Agriculture, and contained about 40 acres. There are currently no utilities on the site; however, Mr. Bailey has had discussions with the City of Eustis to provide central utilities, and there were provisions in the proposed ordinance that would have contingencies for the provision of central utilities by the City of Eustis.
Mr. Sheahan explained that the purpose of the TDR (Transfer of Development Rights) process, which has been in place for some time, is to permit the owners to take the development rights from one property and place them on another property to allow a higher density than what would be possible by a straight rezoning, and a requirement is placed in the ordinance prior to development on the receiving site that a conservation easement must be placed on the sending site to ensure that no further density can be transferred from that site from that area that is under the conservation easement. He stated that a total of 73 single-family residential development units are being transferred to the Bailey property with an overall density of 2 units to the net acre. He mentioned that the access to this property will be on SR 46, since the adjoining property owner was not amenable to using Red Tail Blvd. for that access. He related that they received 34 letters of support, as well as one letter after the packet was distributed from Friends of the Wekiva relating concerns they had about the process that was being used, but staff believes that there are existing provisions in the code or the Comp Plan to mandate those requirements, which will be looked at when they rewrite the Land Development Regulations. He concluded that staff as well as the Planning and Zoning Board recommended approval of both cases.
The Chairman opened the public hearing.
Mr. Tim Green, President of Green Consulting Group, representing the applicant, mentioned that the TDR process has never been used before to transfer property between two different parties, but he was confident that the County has made sure that it was being done the right way and included provisions in the ordinance to make sure that this process fulfills the requirements of the Wekiva Protection Act and Comp Plan. He commented that this called for a unique design which required him to design around two different categories and densities.
Mr. Scott Taylor, a resident of Sorrento, mentioned that he had met with County staff to discuss this project, and he felt that they had done a very good job to make sure that the PUD meets the regulations; however, he was concerned that the transfer of TDR’s might become a template for further transactions in the future, since he believed that the way it was currently set up was problematic for the County. He opined that the rezoning and the TDR transfers should be simultaneous, although he realizes that it would be difficult to do that, and he proposed that upon approval of this rezoning, there should be a closing similar to that of a home that takes place within a reasonable amount of time of about 10 to 15 days, which would include recording of the documents. He asked for the rezoning to be denied as it currently is or to immediately start the process of putting together a package for how this would take place in the future if the Board approves the rezoning.
Ms. Catherine Hanson, a former County Commissioner and resident of Sorrento, commented that this is a monumental decision and process for Lake County and the first of its kind for over 20 years since the Wekiva Act was approved. She agreed with the previous speaker that the process needs to be clarified, which has not happened before because there have never been any applications to move forward. However, she believes this project is a good one which the Board will be proud of and which met all of the environmental requirements, and she hoped the Board will approve it.
Mr. William Morris, a resident of the Mt. Plymouth-Sorrento area, opined that the project was well thought-out and would be a great addition to the neighborhood, and he was in favor of it. He also commented that Mr. Bailey was a man of vision.
Ms. Susan Brooks, a resident of the Mount Plymouth-Sorrento area, commented that it was refreshing to see a project come to their area that would enhance their community while still respecting the character and environment of the community, since it was not asking for outrageous densities as other projects have in the past and would bring much-needed tax dollars into the county. She added that with completion of the parkway, they will be seeing development in their area anyway, and she hoped that future developers will follow this lead with responsible development. She stated that she approved of this project and hoped that the Board will as well.
There being no one else who wished to address the Board regarding this rezoning case, the Chairman closed the public hearing.
Commr. Parks commented that he agreed with Mr. Taylor that the process should be addressed at some point, but he believes this is a good project.
Commr. Campione stated that she had the same concerns as well, especially after development requests start to pick up again.
Commr. Cadwell responded that he did not think this would affect the other LDR’s but believes that they should start working on that right away before they use that process more.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Rezoning Tab 4, PH# 24-12-5, Central Florida Council of the Boy Scouts of America and L & M Williams Family Scout Reservation/BSA, which was a request to amend Community Facility District (CFD) Ordinance #2008-66 to transfer 66 of 78 available development rights from a portion of the property to properties identified by Alternate Key Numbers 1597765 and 1597366 (aka the Timothy Bailey property) as well as Ordinance No. 2012-51.
tim bailey Pud rezoning – ph#16-12-4
Commr. Campione reiterated that she believes they need to work immediately to get a process in place before they have a second request come up.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Rezoning Tab 5, PH#16-12-4, Timothy J. Bailey/T. Green, AICP, ASLA, which was a request to rezone 39.62 acres located within the Wekiva River Protection (WRPA) Area from Agriculture (A) to Planned Unit Development (PUD) utilizing transferable development rights from the WRPA Sending Areas to create a 73 lot subdivision, as well as Ordinance No. 2012-52.
comp plan amendment – protection of shorelines – lpa#12/5-1
Mr. Sheahan explained that Rezoning Tab 6, LPA#12/5-1, was the County-initiated Comprehensive Plan Amendment to the Protection of Shoreline Policy 3-2.2.7 to remove canals from the mandate of the 50-foot setback from the mean high water line and also to add some clarification language to primarily allow setbacks that would accommodate existing platted subdivisions for the placement of a house of a reasonable size and drain fields closer than the 50 feet currently allowed, which would restore the status quo to the process the County had in place prior to adoption of the 2030 Comp Plan with some clarification language. He commented that he had three customers who were adversely affected by that policy and who are anxiously awaiting the outcome of this hearing, and he noted that they have received a letter of no comment and no concern from the Department of Economic Opportunity.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this ordinance change, the Chairman closed the public hearing.
Commr. Parks commented that these changes were common sense and would make it a little easier for their residents, and he fully supported the change.
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Tab 6 of the Rezoning Agenda, Tab 6, LPA#12/5-1 regarding Protection of Shorelines, and Ordinance No. 2012-53.
presentation – pain management clinics moratorium
Mr. Gray recapped that they had put a six-month moratorium on pain clinics in March.
Commr. Conner mentioned that he worked with the Sheriff on this issue.
Ms. Dottie Keedy, Director of Community Services, stated that they would be giving the Board an update on the pain management clinic moratorium and recapped that Ordinance No. 2011-14 was adopted by the Board in March 2011 due to reports from the Lake County Sheriff’s Office of illegal drug use and distribution from certain pain management clinics, which issued a one-year moratorium on the issuance of new business tax receipts for such clinics and directed the staff to analyze the effects on the community of these clinics and prepare recommendations on possible regulation of the clinics. She reported that in February of 2012, the moratorium was extended for six months until August 31, 2012, and during that time staff has met with representatives of the Lake County Health Department, the Lake County Sheriff’s Office, and LifeStream Behavioral Center. She added that she has spoken to Phyllis Baum, Vice President and Chief Quality Officer with Central Florida Health Alliance, the parent company for Leesburg Regional Medical Center and the Villages Regional Hospital, who is in attendance today and indicated that they are interested in participating in future discussions as well.
Dr. Claude Jones with the Lake County Health Department noted that he was an addiction medicine specialist and has seen the short and long term effects of substance abuse, narcotics, and prescription and illicit drugs, which he noted has become an epidemic throughout the nation and the state. He noted the high rate and increase of the unintentional poisoning death rate, which increased 325 percent from 1990 to 2001 and 61 percent from 2003 to 2009 due to an increase in use of both prescription and illicit drugs, especially oxycodone, alprazolam (Xanax), and methadone, which have replaced cocaine and heroin as the new epidemic. He illustrated on a bar graph that a total of 16,550 drug overdose deaths were recorded from 2003-2009, 86 percent of which were unintentional, and he pointed out that approximately eight drug overdose deaths occurred each day in 2009. He specified that there were 10 deaths due to drugs in Lake County from 2011-2012, with oxycodone causing the majority of them, and that the average age of the victim was 45, which was an increase from the age of 34 the year before.
Detective Shane Pitman, Special Investigations Unit, Lake County Sheriff’s Office, discussed the impact that the moratorium has made on availability of certain prescription medications in Lake County, mentioning that although Florida made the list of the top 100 pharmacies that distribute Oxycodone, the number of Florida pharmacies on that list dropped from 58 in 2010 to only four in 2012. However, he pointed out that in 2011, Florida pharmacies still distributed the highest rate of Oxycodone dosing units than the rest of the nation, and Florida pharmacies are the epicenter for Oxycodone. He noted that the statistical breakdown shows that drug cases in Lake County decreased since 2011 due to the moratorium of new pain management clinics, and he commented that he has seen a trend of Lake County residents going into other counties to get their prescriptions at pain management clinics. He also mentioned the drug drop box program to encourage proper disposal of unused prescription medications which collected 1,222 pounds of pills in 2011. He related that although crack cocaine was the epidemic drug in the 1980’s which caused increases in property crime and mainly affected lower income families, crack cocaine use is now almost nonexistent, with the new drug of choice since 2010 being prescription medication, which involves residents of all income groups, since those drugs were so easily obtained with people of all income groups becoming addicted to them. He commented that the increase in property crimes is similar to the crack cocaine epidemic of the 1980’s, with the addition of robberies of pharmacies as well as homes to obtain the drugs.
Sheriff Gary Borders elaborated that the Safe Climate Coalition provides the prescription drop-off boxes to every police department in this county, and they are located throughout the county, including at the Sheriff’s Office in Tavares and at their South Lake District Office. He encouraged residents to drop off unused medications so that they do not fall into the hands of minors.
Mr. Jon Cherry, CEO of LifeStream Behavioral Center, showed data regarding the amount of patients they help who are affected by addiction for detox or adult and child inpatient treatment which indicated a continual increase over the last three years, and he noted that there was approximately a 50 percent increase in the number of individuals treated for detox in that time. He related that they have seen an increased number of consumers with a primary diagnosis of opioid dependence or abuse, including 800 this year, as well as an increase in other kinds of substance abuse problems. He commented that they are operating on fewer dollars than they were four years ago, resulting in a reduction of the services they provide, although their overall caseloads have increased 25 to 30 percent since 2008; however, they worked with the Public Safety Council, the judicial system, the Sheriff’s Office, and others to create a Forensic Community Services Team (FCST) which brought in a state grant of $250,000 to try to divert people with behavioral disorders, 20 percent of whom were Opioid-dependent, from incarceration in the County jail and into treatment instead, which they believe is the preferred alternative. He noted that 67 percent of participants in that program were successful in completing and graduating the program. He mentioned their Family Intervention Specialist Program (FIS), which engages and supports substance-involved child welfare families by linking them to treatment and recovery services to increase probability of family reunification and noted that 50 percent of the adults served in this program have a problem with pills, and meth is the second highest addiction. He specified that some addicted individuals spend at least $20,000 per year for drugs, and arrests for possession and theft are increasing. He pointed out that most addictions started out with a valid prescription before the cycle of abuse began which lead to devastation of families and deterioration of their communities. He stated that in order to decrease this problem, they have been reviewing all prescriptions to ensure medical necessity, changing from narcotics to non-narcotics, utilizing the electronic prescription method to decrease the possibility of altered prescriptions, increasing communication with primary care practitioners, and looking for opportunities to increase programs that help individuals access treatment and reduce usage of illicit Opioids.
Mr. Minkoff gave a brief overview of the statewide response and what some local governments have done to try to deal with this issue, mentioning that the largest change made by the state was to prohibit doctors from dispensing controlled substances in their offices, and he noted that doctors are now required to take a history and do a medical exam before they prescribe these drugs and to have an individualized treatment plan and a written agreement with the patient. He added that these clinics were also required as a result of this 2011 legislation to have a telephone, fax machine, reception area, waiting room, and private exam rooms. He reported that the Department of Health (DOH) reported last month that statewide the number of pain management clinics was reduced by more than half from 921 to 444 since June of 2010. He listed some of the counties with ordinances regulating those clinics, including Hernando, Orange, and Seminole which regulate zoning districts, distance requirements, hours of operation, signage, and loitering, as well as instituting a permitting process; however, he believed most of these ordinances were put in place prior to the statewide registration acts that were instituted in 2011.
Ms. Keedy stated that should the Board determine that the existing state regulations are not sufficient, there are issues to consider related to implementing local regulations, such as establishing a definition of a pain management clinic in order to distinguish it from a legitimate clinic, deciding whether the ordinance would apply countywide or in unincorporated areas only, and deciding whether it would be regulated through the Land Development Regulations or the Lake County Code. She added that other issues to consider include the impacts of new regulations to legitimate businesses, who should be regulated, and how to regulate them. She explained that the next steps would be to extend the moratorium for an additional six months, meet with the cities in Lake County to determine their interest in local regulatory efforts, continue meeting with agencies to discuss this issue, meet with physicians operating legitimate clinics to solicit their input, and for staff to report back to the Board with recommendations; and she requested to move forward with approval to advertise the ordinance extending the moratorium until February of 2013.
Commr. Campione stated that they should get the cities involved to see if they want to do something countywide.
Commr. Conner commented that if they do not do something in Lake County, people from Orange County and other counties where there were moratoriums would come here, and the data shows that they have limited the supply of those drugs by the moratorium. He opined that it was a serious problem that caused deaths of people in the community.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved to advertise the ordinance extending the moratorium until February of 2013.
recess and reassembly
The Chairman announced at 10:20 that there would be a short recess.
county manager’s departmental business
fy 2012 cdbg one year action plan
Ms. Cheryl Howell, Housing Services Division Manager, explained that each year they have to submit an action plan for the Community Development Block Grant (CDBG), and they are coming back to the Board with the changes based on the Board’s comments and suggestions when it was first presented in May. She stated that the source of funding for the CDBG comes from the federal government, since they were an Entitlement Agency that receives an allocation based on their population each year, and the CDBG funding determination locally is based on HUD regulations of eligible activities that meet a national objective. She added that although the Housing Services Division makes recommendations for eligible projects, the Board ultimately approves which activities will be funded with the annual CDBG allocation. She related that staff developed their priorities and objectives based on the needs identified in the Housing and Homeless Needs Assessment, and they work with several different agencies and base this on the prevalent needs in the community and housing data gathered from outside sources. She commented that this year the eligible projects will provide funding to local governments to supply decent housing and a suitable living environment, expand economic opportunities to persons of low and moderate income, and take care of community needs for outstanding projects that need to be completed. She reported that their funding year 2012-2013 allocation is $966,650, which is about three percent higher than it was last year, and she specified that some of the projects they were looking at included the Umatilla Water Project, emergency housing repair, mobile home replacement for very old mobile homes, and for public facilities such as community centers, playgrounds, and neighborhood improvements.
Ms. Howell noted that the housing needs they would be focusing on would be the continuation of the Emergency Repair Program, and they were hopeful about receiving SHIP funding for homeowner rehab and first-time purchase assistance. She stated that they also operate the Section 8 subsidized rental housing, which provides about $3 million to local property owners in the county to subsidize the rent for low-income families, and the Shelter Plus Care Program in partnership with LifeStream to address problems of their mental health clients who are chronically homeless. She explained that the County’s Action Plan is similar to a grant application, with the exception that they needed to submit activities and priorities based on the regulation each year by August 15 since they were an entitlement community, and she listed this year’s funding recommendations, which are $193,330 for administration to deal with the burdensome federal regulations, $87,500 for two urban county projects, $521,651 for replacement of at least eight mobile homes, $100,000 for emergency home repair as a result of plumbing problems due to the Umatilla Water Project, and $64,169 for the Community Health Care Coordinator. She requested that the Board approve the 2012-2013 CDBG proposed Action Plan.
Commr. Campione asked how they go about finding eligible candidates for mobile home replacement.
Ms. Howell responded that this was a County-wide project that they publically advertise and put on the County website once the funding comes in, and she noted that it has to be homesteaded property.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the Fiscal Year 2012 Community Development Block Grant (CDBG) One Year Action Plan. The fiscal impact is $966,650.00.
Mr. Gray mentioned that Commr. Cadwell was just elected the Chairman of the Community and Economic Development Committee, which includes the Affordable Housing Committee, at the NACo conference, which was a great honor.
presentation regarding bridges located within lake county
Mr. Stivender related that there were 27 bridges in Lake County, most of which crossed over small waterways, and that bridges can be in all types and sizes, such as a series of culverts in a row which qualify as a bridge if they are over 20 feet long. He reported that the County first became involved with bridges in 1967 when a 40-year old bridge between Point Pleasant, West Virginia and Kanauga, Ohio collapsed because of a lack of inspection and caused a lot of fatalities, as well as a collapse of a 20-year old bridge in Pinellas County in 1968. He added that these tragedies pushed the federal government to get more involved in the standardization of bridge maintenance, instituting the Federal Highway Acts of 1968 and 1971 which established a bridge inspection and replacement program, followed by Florida legislation in 1969 requiring safety inspection of state-maintained bridges. He mentioned that the County was not eligible for most federal dollars until recently to do maintenance and replacement on the bridges, since the rating had to be extremely low to qualify for that funding. He explained the ten-point rating system used by the National Bridge Inventory (NBI), with a rating of 5 or less indicating significant structural deficiency; however, he assured the Board that very few of the County’s bridges have ever reached that condition.
Mr. Stivender went over some of the bridge terminology, explaining that the terms structurally deficient and functionally obsolete were for criteria that was started 50 years ago when the regulations were first enacted, pertaining to the structural designs, the layout of the road, and how strong the bridge is. He pointed out that structurally deficient does not mean the road is unsafe or in danger of collapsing but rather that it does not meet some of the criteria that has been in effect for the last 50 years and that FDOT believes the bridge should undergo repairs or replacement within the next six years. He explained that functionally obsolete pertains to design standards, mentioning that every bridge in the United States did not meet those standards after 1968 for reasons such as narrow lane widths, although most of them were fine for what they were being used for. He stated that load rating is a measure of weight capacity, and the rating system also takes into consideration factors such as alignment and sight distance over the bridge. He mentioned that in 1976, an old wooden bridge on CR 44A over Blackwater Creek was the first bridge that was replaced in Lake County with a new concrete bridge that met federal standards. He went over some other Lake County bridges that have been reconstructed, including a wooden bridge with aging wooden pilings originally built in 1939 on CR 561A over Lake Minneola that was rebuilt in the 1990’s and the Picciola Bridge, which was changed from a wooden bridge in 1953 to a concrete bridge in 1956 and reconstructed again in 2011. He related that reconstruction of the Lakeshore Drive Bridge, which was originally built in 1962, was recently completed, which previously had maintenance problems with the surface of the roadway and which was also widened with a separated pedestrian crossing which enabled pedestrian access to the sidewalks and residences on both sides. He reported that there has been $17.8 million in bridge project expenditures in the county since 1999, $8.55 million which came from the American Recovery and Reinvestment Act (ARRA), $6.6 million from local dollars, $1.9 million from the state, and a federal grant of $750,000. He noted that there were currently only six bridges that were currently considered functionally obsolete, down from 16 in 1982, and he went over the bridges that were candidates for replacement, including a culvert on Bronson Road over Crescent Lake Canal and a bridge on CR 561A over Crystal Cove. He opined that although bridges consist of small sections of road, it affects a lot of residents dramatically when there is a problem with them, and the County has had a lot of success in lowering the number of bridges that are in a challenging situation, especially those with a high volume of traffic like the ones in South Lake County.
Commr. Parks thanked staff for a wonderful job at the ribbon cutting yesterday, July 23, for the opening of the Lakeshore Bridge, and he noted that the boaters can get underneath the bridge now without fear of hitting the pylons.
approval of assessment resolutions and millage rates
Mr. Gray asked to present the solid waste assessment in Tab 24, the fire assessment in Tab 25, and the millage rates in Tab 26 together, and then have the Board vote for approval of those items separately. He stated that he also wanted to discuss the FY 2013 recommended budget to set the millage rates to be included in the TRIM notices that would go out in August as well as approve the hearing dates and times for the budget public hearings that would be in September. He related that they had a budget workshop in December for this next fiscal year as well as to present a five-year financial model, and they have had three budget workshops since then. He commented that one of his main goals was to have the County look at the broader view of impacts to the County budget well into the future rather than just year to year, knowing that they could adjust it as needed. He pointed out that they have cut the budget overall for the last five years due to the economy and have strived to efficiently provide the same level and quality of service with significantly less revenue, while maintaining at least a 15 percent reserve; however, they have had to borrow from their reserve account for the last three to five years. He and the Chairman have also met with all of the constitutional officers to present the five-year model to them and have showed them that they were an important part of that plan. He reported that the Property Appraiser has certified the property values, which represented a 6.2 percent decrease from last year, and he mentioned that there has been a 34 percent decrease in property values since 2008, as well as a 29 percent decrease in the general fund budget, which was a huge challenge for the County and has resulted in 152 positions being cut. He predicted a slight decrease in property values next year and stated that he did not expect the properties values to start increasing until 2015.
Mr. Gray reported that the recommended budget that he submitted to the Board shows their expense budget for next fiscal year would be $115.6 million, with his County departments only making up 22 percent of that and most of their general fund going to the constitutional offices. He listed the challenges the County faces this fiscal year, including the continual reduction in ad valorem, Medicaid issues, operation and maintenance costs for the new courthouse, and Amendments 4 and 8 if approved by voters. He outlined a two-part strategy he developed to balance the budget for the next five years, including stabilizing their property tax revenues by going to the rollback rate which would bring in the same amount of revenue as the year before as well as cutting the budget; and he maintained services that were quality of life issues for the residents, such as parks and libraries, although he looked at how they could be more efficient in those areas. He mentioned that in addition to the cuts made by the County departments in the amount of $1.5 million or 4.8 percent, the Constitutional Offices cut their budgets overall by 5 percent, and he noted that they are presenting a balanced budget while maintaining a 16.8 percent reserve in the general fund.
Mr. Stephen Koontz, Budget Director, pointed out that there were no changes to the Solid Waste Assessment of $184, which was used to fund collection, management, and disposal of solid waste and recovered materials, as well as no changes to the Fire Assessment of $181 to fund fire protection service, which could not be used to fund Advanced Life Support (ALS). He added that they also have an MSTU that partially funds the fire fund, which will also have the same millage rate as last year, and the ambulance millage rate will also stay the same. He gave a history of the millage rates for the last five years as well as what they propose for 2013, noting that the current year’s millage is 4.7309 and that they were proposing 5.0816 based on a formula by the Department of Revenue to determine the rollback rate; he also illustrated on a graph that the millage rate was as high as 5.9 back in 2003 and as low as between 4.6 and 4.7 during the last four years. He related that the Public Lands Program rate will increase from .1101 to .1900 based on the needs for the principal and interest on the public lands debt, which will help them maintain their bond ratings and give them a small reserve in that fund. He reported that the total county-wide millage will be 5.6569 and that they are proposing a rollback rate for the stormwater, roads, and parks MSTU from .4984 to .5412 in order to fund the operation and maintenance of the active recreation parks as well as to maintain the stormwater projects without having to pull money out of reserves. He mentioned that since their Public Safety Department has done a great job in keeping their capital and operational expenses down, the Fire EMS MSTU millage rate was kept the same as last year. He explained that the Board would have the opportunity at the first public hearing to lower the proposed millages if approved today; however, it would be much more difficult to raise them at that time, and he related that the public hearing dates that were set were September 11 at 5:05 p.m. and September 25 at 5:05 p.m.
Mr. Vance Jochim, a resident of Tavares, handed the Board a hard copy of emails he had sent the Board and stated that he analyzed percentages of changes in dollars and rates and had found that the rates for the general fund went up 7.4 percent. He opined that since property values are dropping about 5.9 percent, property taxes should drop that much, and the Board would be increasing the taxes that people have to pay from the new base by increasing the millage rates. He was astounded that the public lands millage rate was increased by 72 percent, and he suggested that the Board sell off some of the public lands that were not being used or open for public access, which is what a corporation would do. He also mentioned that there was a Medicaid cut, that the Board did not cut the Vanpool Program, and that the Sheriff has not reduced his budget by 29 percent over the last several years as the County has done. He also believed the Board should review the budget line by line and should go back to the 2005 level of service. He recommended that the Board adopt the current millage rather than the rollback rate.
Mr. Scott Taylor, a resident of Sorrento, noted that the bond issue for the public lands acquisition received 70 percent voter approval five years ago, and the increase the County is proposing will put this program back on an even keel, since that millage was set at an extremely low level for several years. He opined that the thought of selling any of those properties is hideous, since they were obtained for a long-term purpose. He added that he believed the rollback rates were appropriate for the County in order to keep on a sound financial footing.
Commr. Campione pointed out that the public lands voter referendum was supported overwhelmingly by the residents of Lake County, and the change in the millage was within the realm of what was approved by the voters. She elaborated that they were doing what the voters wanted by keeping it at the level necessary to pay debt service, and the voters did not give them the option of selling these lands in the typical sense as corporate assets that could be liquidated.
Mr. Gray further elaborated that the millage rate was set at .2 in 2008 for public lands, but the Board reduced it to .11 since they could meet that debt service payment at that time with the reduced millage; however, the drop in property values affected this revenue source for the last five years to the point where they would need to raise it to meet the debt service payment.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the Initial Assessment Resolution No. 2012-89 for Collection, Management, and Disposal of Solid Waste and Recovered Materials for FY 2012-13, including a proposed maximum residential assessment of $184 and establish a Public Hearing date of September 11, 2012. The fiscal impact is $12,383,200.00.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2012-90 which initiates the annual process for preparation of the Fire Assessment Roll, authorizes the publication of the advertisement for the public hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of Fire Assessment fees for the fiscal year beginning October 1, 2012.
Mr. Minkoff explained that Mr. Koontz did an analysis to make sure that they were not using assessments to fund EMS Service and that the rates being set are in compliance with the law.
Commr. Campione asked the County Manager go back and look at specifics to quantify the reduction of the level of services they would have to make if they did not go with the rollback rate, as well as the proportional share of the constitutional officers that would have to be reduced for the next five years. She concluded that she supported the motion on Tab 25 with the understanding that this is a tentative millage until she sees that information.
Commr. Parks added that this would also show their residents that the County is trying to become more efficient and reduce the duplication of services.
Commr. Conner commented that he did not think they should sell the public lands, since they cannot overturn a voter referendum and had to pay the debt service; also, he did not think they should sell the land in a down market. He also pointed out that they were just setting a maximum millage rate that day, but that he had reservations about raising the millage rates.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried by a vote of 4-1, the Board approved the rollback millage rates as proposed by staff to be included on the TRIM notifications, including the total county-wide millage rate of 5.6569 in accordance with the County Manager's recommended Fiscal Year 2013 budget and approved the public hearing dates and times for September 11, 2012 at 5:05 p.m. and September 25, 2012 at 5:05 p.m., as well as approval to advertise these public hearings.
Commr. Conner voted “no.”
appointments to children’s services council
Ms. Allison Thall, Division of Health and Human Services Manager, explained that the appointments to the Children’s Services Council have gotten very complicated as a result of the redistricting, resulting in several of the existing members no longer being in the districts they were appointed to. She recommended changing Mr. George Wanberg’s appointment from an at-large position to District 1, since he resided in that district, and then to appoint Ms. Julie Yandell to the at-large position, since she was displaced due to the redistricting.
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board appointed George Wanberg (District 1), Ginger Howard (District 2), Kathy Haviland (District 5), and Julie Yandell (At Large) to the Children's Services Council to serve two-year unexpired terms ending May 14, 2014.
appointments to capital faciltieis advisory committee
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board appointed the following members to the Capital Facilities Advisory Committee to serve two-year terms ending Aug. 2, 2014: Peter Tarby (League of Cities), Peggy Cox (Lake County Conservation Council), Tim Sennett (Chamber of Commerce), Kyleen Fischer (Elected Official Representing Lake County School Board), and Dr. Tod Howard (Alternate Elected Official Representing School Board); as well as reappointment of the following members: Thomas Talmage, III (Banking or Financing Industry), Jeffery Banker (Citizens-at-large), Alan Winslow (Citizens-at-large), Nancy Hurlbert (Citizens-at-large), Ralph Smith (Citizens-at-large), and Bill Benham (Agricultural Industry).
reports – county manager
approval to recruit for economic and tourism position
Mr. Gray requested approval to recruit for an Economic and Tourism Development Coordinator due to a vacancy in that position.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board gave approval for the County Manager to fill that position.
REPORTS – COMMISSIONER HILL – vice-CHAIRMAN AND DISTRICT 1
operations and maintenance for eoc building
Commr. Hill related that the construction of the EOC building is anticipated to be finished sooner than planned and asked whether the additional operations and maintenance for that building would be covered within the budget.
Mr. Gray assured her that they have already included that in the budget.
inquiry regarding tethering of animals
Commr. Hill relayed that she has received an email concerning the documentation regarding the tethering of animals ordinance, and she asked Mr. Gray to look into documenting and calculating what would be needed in case they need to increase the budget for the Animal Services Department.
Mr. Gray responded that he has also received that email and has asked staff to look into that; however, he pointed out that he was not recommending anything additional for that in the proposed budget for 2013 at this point. He also added that he will fix the way they are reporting that.
reports – commissioner parks – district 2
transportation needs for south lake county
Commr. Parks mentioned that he took a quarterly road trip around District 2 and the South Lake County area with Mr. Stivender to look at ongoing transportation projects and some future needs, and he encouraged residents to contact him with any transportation issue that they feel the County needs to look at.
Sand skink issue
Commr. Parks noted that he is continuing to work on the sand skink issue, since it has been holding up development projects, especially one in particular in South Lake County that is causing problems for a landowner by delaying a good project. He related that Congressman Dan Webster is working on getting that expedited and to address the issue as a whole, which the County will also do through its management plan for future projects in Lake County.
kudos to staff member
Commr. Parks thanked Mr. Paul Simmons from the Growth Management Department, who worked with an upset citizen on a permitting issue and restored the citizen’s confidence in their local government.
Commr. Parks thanked everyone for the food collection for the food drive, including Mr. Ed Havill, Property Appraiser; Mr. Gray; and Commr. Hill; and he mentioned that they raised about 4500 pounds of food for children in need over the summer.
reports – commissioner conner – district 3
city of tavares dispatch operations
Commr. Conner mentioned that the City of Tavares voted to move their dispatch operations to the Sheriff’s Office, and he commented that that would result in savings for the City of Tavares.
REPORTS – COMMISsIONER cadwell – DISTRICT 5
rescinding of policy regarding filling of vacant positions
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried by a vote of 4-1, the Board rescinded the policy which required that the County Manager get approval from the Board to fill vacant positions and moved to allow the County Manager to fill any approved positions.
Commr. Conner voted “no.”
issue regarding road assessment
Commr. Cadwell related that he met with the County Attorney to look through the process regarding a citizen’s road assessment in Astor, but he believed it would be unfair to other residents if they rescind that. He indicated that he will write a letter letting the citizen know his decision regarding that, and he does not plan on bringing it back to the Board.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:15 p.m.
leslie campione, chairman
NEIL KELLY, CLERK