A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
september 25, 2012
The Lake County Board of County Commissioners met in regular session on Tuesday, September 25, 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 Courtney Vincent, Deputy Clerk.
INVOCATION and pledge
Reverend Ed Rose from Hearts and Hands Ministry in Eustis gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Darren Gray, County Manager, requested to move Tab 13, regarding the County’s medical stop loss insurance, before Tab 33 because Ms. Susan Irby, Director of Human Resources, would be making a joint presentation on both items. He requested to pull Tabs 15 and 16, the Polk County Library Agreements, and bring them back for the October 9, 2012 Board Meeting.
Commr. Conner expressed his desire to discuss the Polk County Library Agreements. He stated that he objected to the current proposed agreement that offset the decreased Polk County’s contribution to the Cagan’s Crossing Library by charging Polk County residents $20 to purchase a Lake County library card, and opined that it was tantamount to subsidizing Polk County for the use of the Library. He explained that he believed that if Polk County did not pay their fair share for the services, then Polk County residents should not be given Lake County library cards.
Commr. Cadwell explained that Polk County was still contributing a substantial amount to Lake County and that Lake County would be able to offset the difference by charging Polk County residents. He opined that this was the appropriate way to remedy the situation.
Commr. Parks agreed with Commr. Cadwell.
Commr. Cadwell added that even if Lake County decided to eliminate library cards for Polk County residents, they would still need staff at the library to handle the volume of Polk County residents who used the library without the benefits of the library card.
Commr. Campione stated that Commr. Conner had made some good points and then asked the County Attorney if it was possible to close out Polk County residents from Lake County Libraries.
Mr. Sandy Minkoff, County Attorney, answered that while the library was a public facility, they could prohibit Polk County residents from having library cards to check out books and from using the computers.
Commr. Campione reiterated that if Polk County residents were still allowed inside the libraries, then the library would need to staff the library appropriately.
Mr. Minkoff noted that the Polk County Attorney had submitted additional language to the proposed agreements. He explained that the contracts as currently drafted had Polk County paying Lake County in advance but eliminated the true-up at the end of the year. He reported that Polk County preferred not to do that because with the true-up Lake County would owe Polk County money at the end of the year. He stated that this was the reason the agreements needed to be amended and then brought back before the Board for approval.
Commr. Conner stressed that the fee would not be sufficient and would result in Lake County paying the difference. He proposed that the fee would need to be greater than $20 to cover the deficiency in funds because it was unrealistic to expect that all the Polk County residents using the library would be willing to pay.
Commr. Campione explained that adjustments could be made to the library funds throughout the year to prevent the County from subsidizing Polk County residents.
Mr. Gray mentioned that the Board was going to have a workshop in the first quarter to talk about the parks and libraries and suggested discussing adjusting the budget at that point.
Ms. Wendy Breeden, Director of Public Resources, noted that the Polk County BCC had notified their residents of the changes regarding the Cagan’s Crossing Library and mentioned that when the budget had been calculated for 2013, her staff had only estimated for 25 percent of the Polk County patrons purchasing a library card, which would cause a budget shortfall of $100,000.
Mr. Gray added that the hours for that library had also been adjusted and two vacant positions were eliminated. He mentioned that they could also raise the library card fee in the future. He noted that the basic non-resident fee for a library card was $40 but that they would offer a six-month card for a fee of $20. He suggested pulling the library card fee for Polk County residents from the fee schedule under Tab 8 of the Agenda.
Commr. Conner advised taking a harder stance on the issue to motivate Polk County residents to demand that their commissioners pay for use of the library.
Commr. Campione remarked that that strategy would end up hurting Lake County residents because if no one paid the fee then they would have to reduce services at the library, and they could not risk Polk County completely withdrawing their contribution.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 28, 2012 (Regular Meeting) as presented.
Citizen question and comment
Mr. Paul Richardson, a resident of the City of Clermont, addressed the Board to commend and express his appreciation towards the first responders of Fire Station #109 in Clermont for their rapid and professional response to an emergency call for a family member of his that had occurred over the previous weekend. He thanked them for their help and thanked the Board for supporting Lake Emergency Medical Services (Lake EMS).
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 3, as follows:
List of Warrants
Request to acknowledge receipt of a 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.
Lake County Water Authority’s Draft Tentative 2013 Budget
Request to acknowledge receipt of a copy of the Lake County Water Authority’s Draft Tentative Budget for FY 2012-2013 with a cover letter stating the scheduled Budget Hearings as: Tentative Budget Hearing – 5:05 p.m., September 12, 2012, BCC Chambers, 315 West Main Street, Tavares. Final Budget Hearing – 5:05 p.m., September 26, 2012, BCC Chambers, 315 West Main Street, Tavares.
Resolution Pertaining to Transactions for the County’s Legacy Treasury Direct Account
Request to execute a resolution to enable the Clerk’s Office to perform transactions for the County’s Legacy Treasury Direct account. The County has an account with the Bureau of Public Debt for the purchase of US treasury securities, with transactions made by ACH debit or credit to the County’s checking account. This is a request to change the bank account information from Wells Fargo to Branch Banking & Trust (BB&T), since the Wells Fargo account is being phased out and will be closed at a later date.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 26, pulling the library fee from Tab 8 and pulling Tabs 15 and 16 to be brought back at the October 9, 2012 BCC meeting, and moving Tab 13 to before Tab 33, as follows:
Community Services
Request to approve reprioritizing a State Housing Initiatives Partnership (SHIP) client for the Rehab/Demo activities. There is no fiscal impact.
Request for approval and signature on a Direct Pay (Check Request) to Orlando Health, Inc. for an inmate inpatient medical stay. The fiscal impact is $31,724.00.
Request for approval to transfer $200,000.00 from Economic Stabilization Reserve (General Fund) to pay for medical care for jail inmates housed at the Lake County Detention Center. The fiscal impact is $200,000.00.
Request for approval to amend FTA Grant FL-90-X691-00 to allow $150,000.00 allocated for electronic fare boxes to be used for ADA compliant bus stops and shelters. The fiscal impact is $150,000.00 (100% Grant Funded).
Conservation and Compliance
Request for approval to advertise Amendment to Animal Control Ordinance.
County Manager
Request for the approval of Resolution 2012-122 adopting fee schedules for FY 2013 for services provided by the Community Services, Conservation and Compliance, Facilities Development and Management, Fiscal and Administrative Services, Growth Management, Public Resources, Public Safety, and Public Works Department, but not including the fee for Polk County residents to obtain a library card for the Cagan Crossings Community Library.
Request for the approval of the attached Budget Change Requests for transfer of $1,000 from the Debt Service Reserve Account to the Debt Service Costs line item.
Facilities Development and Management
Request to approve the award of contract RFP 12-0436 for Moving Services and authorize the procurement office to execute all related contractual documentation. The fiscal impact is estimated at $100,000.
Growth Management
Request to approve two contracts for RFP 12-0014, on-call planning services, to LPG Urban & Regional Planners, Inc. and Tindale-Oliver & Associates, Inc. in conjunction with the County’s needs. The fiscal impact is estimated at $32,000.
Request to approve term and supply contract 12-0226 to BESH, Inc. for building plan review and inspection services on an as-required, if-required basis, The immediate fiscal impact is $25,000.
Human Resources
Request to approve the removal of the management compensation restrictions currently in place for the purpose of realizing cost savings and improving efficiency; and request approval to direct the County Manager to present to the Board any management compensation changes exceeding 10%.
Public Resources
Request for the approval and signature of the FY 2012-2013 State Aid to Libraries Grant Application and Agreement. The estimated fiscal impact is $190,000 for FY 2013.
Public Safety
Request to approve Modification #8 to Agreement with the State of Florida, Division of Emergency Management, to extend the expiration date for federal fund expenditures to March 31, 2013. This agreement provides revenue for the ECOC Construction Project.
Request to approve the disbursement of the Florida Department of Health and Emergency Medical Services Grant and to receive and provide appropriations for the grant disbursement and Resolution No. 2012-123. The fiscal impact is $49,798.
Request to accept a contribution to Lake County Fire Department by Wolverine Advanced Materials, Leesburg, Florida. The fiscal impact $1,500 (Revenue).
Public Works
Request to approve the amendment of Mosquito Control State Funds by transferring funds from travel and per diem and publications to operating supplies to purchase additional chemicals. There is no fiscal impact.
Request to approve and execute a Purchase Agreement with Pine Ridge Dairy, Inc., for the purchase of right of way and two stormwater retention ponds needed for the C466A Road Widening Project, as well as authorization for the Chairman of the BCC to sign any and all documents necessary for closing. The fiscal impact is $750,000.00. Commission District 5.
Request to accept and execute a Sovereignty Submerged Lands Easement in conjunction with the South Lake Trail, Phase IIIA Project. There is no fiscal impact. Commission District 2.
Request to approve contract RFQ 2012-00109 for the purchase and removal of Recycling Scrap Metal and White Goods. The revenue from this award is estimated at $132,000 per fiscal year.
Request to approve contract RFQ 2012-00106 for the Purchase and Removal of materials placed in County's Loose Co-Mingle Containers to Waste Management, Inc. The revenue from this award is estimated at $60,000 per fiscal year.
Request to approve contract RFQ 2012-00105 for the removal of Loose Mixed Paper placed in County's Landfill to SP Recycling. The revenue is estimated at $175,000 per fiscal year.
COUNTY ATTORNEY’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 Attorney’s Consent Agenda, Tabs 27 through 30 as follows:
Request to approve the revised Agreement between Florida Central Railroad Company, Inc., Lake County and Mount Dora for the establishment of a recreational trail from the Lake/Seminole County line to Mount Dora and to use the right-of-way of the Line for the trail AND revised Agreement between Florida Central Railroad Company, Inc., Lake County and the Cities of Eustis, Mount Dora and Tavares for Local Funding of Railroad Track Rehabilitation The fiscal impact is $488,000.
Request to allow Branch Banking and Trust to place an ATM inside the Judicial Center. Fiscal Impact: $600 annual revenue to the Clerk of the Circuit Court.
Request to approve the Satisfaction and Release of Claim regarding the Estate of Anne M. Riccilli for indigent burial services provided for Anne M. Riccilli by Lake County. The fiscal impact is $1,399 (Revenue).
Request to approve the Interlocal Agreement between Lake County, City of Tavares, and Tavares Station Development, regarding the Unnamed Alleyway located in Block 6, according to the Plat of City of Tavares. There is no fiscal impact.
Public hearings
Ordinance regarding farm sign exemptions
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, amending the lake county code, appendix e, land development regulations; amending chapter ii, entitled “definitions”, to delete the definitions of “agricultural sign” and “farm building” and to add the statutory definitions for “farm”, “farm product” and “Farm sign”; amending chapter xi, entitled “signs”, section 11.00.00, entitled “purpose and intent”, section 11.01.03, entitled “prohibited signs”, and section 11.01.04, entitled “exempt signs”, to add an exemption for regulation of farm signs and to delete references to agricultural signs; providing for severability; providing for inclusion in the lake county code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff explained that the proposed ordinance reflected the recent statutory change which preempted regulation of farm signs by local governments.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Commr. Cadwell stated that he supported the ordinance, but he thought a discussion was needed with Mr. Minkoff and Mr. Brian Sheahan, Planning Division Manager, possibly as part of the legislative agenda, to get some clarification on how far the signage regulations could be pushed.
On a motion by Commr. Cadwell, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved Ordinance 2012-59, amending Chapter XI of the LDR, which regulates signage, and Chapter II of the LDR, which provides for definitions, in order to bring the LDR into compliance with a new State law exempting “farm signs” from local codes.
ORDINANCE REGARDING developmental costs and jobs
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; amending section 7-2, LAKE county code, entitled definitions; expanding the definition of development costs to include construction costs; providing for a definition of construction costs; clarifying the definition of jobs; providing for severability; providing for filing with the department of state; providing for inclusion in the code; and providing for an effective date.
Mr. Minkoff explained that the ordinance would allow reimbursement of construction costs to new businesses on the Business Incentives Program Jobs Credit and it would also clarify that new jobs created would have to be after the application for assistance.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Hill, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Ordinance 2012-60, amending section 7-2 to expand the definition of “development costs” to include construction costs for new or expanding businesses to offset their construction expenses as well as to clarify the definition of “jobs” to mean jobs created after the application for assistance has been filed with the County.
PUBLIC HEARINGS: REZONING
Mr. Steve Greene, Chief Planner for Planning and Community Design, stated that the zoning cases had been properly advertised and that there were no changes to the agenda.
REZONING CONSENT AGENDA
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Rezoning Consent Agenda as follows:
Tab 1. Ordinance No. 2012-61
PH#33-12-4
Stephens-Barrios Engineering, LLC/Hussey, Jr.
Family Dollar CP rezoning amendment
Request to amend the parking requirements of Planned Commercial (CP) Ordinance 2012-34 to facilitate additional parking areas for commercial uses on the property.
Tab 2. Ordinance No. 2012-62
PH#30-12-4
K. Phan/Thanh An Buddhist Center, Inc.
Thanh An Buddhist CFD rezoning
Request to rezone property from Agriculture to Community Facility District (CFD) for a meditation practice center, religious worship and related uses.
rezoning regular agenda
CUP# 12/10/1-1 - R. & E. Barton/ Horses with a Mission
Mr. Greene explained that this was a Conditional Use Permit (CUP) request for Horses with a Mission to allow a riding stable/academy for riding lessons in the Agriculture Zoning District in the Green Swamp Area of Critical State Concern and located south of Groveland. He mentioned that the property consisted of one existing residence and a mobile home as well as a barn, a workshop, and two storage sheds and that the existing facilities on the property consisted of a well and septic tank system. He added that the applicant had been granted a variance from the Board of Adjustments, BOA# 17-12-1, that allowed the barn to be closer than the 200 foot setback requirement, permitted a riding stable on a property of five acres instead of the required minimum of ten, and limited the number of horses to four horses and a pony. He remarked that the barn was going to become a public use facility and would need to obtain appropriate permits after approval of the CUP and in conjunction with site plan approval. He explained that conditions in the ordinance minimized any adverse effects on the immediate vicinity, and the desired use for the property was similar in nature to some of the other rural activities in the area. He added that the conditions approved by the variance from the Board of Adjustments had been incorporated into the ordinance, as well as requirements for landscape buffers, noise mitigation, and defined hours of operations. He added that the access road would be fully assessed at the time the site plan was submitted to address the access off of the easement. He reported that the City of Groveland would not be providing central water or sewage to the property. He noted that Lake County Fire Station #109 was the closest fire emergency facility to the property. He stated that the Planning and Zoning Board approved the CUP request.
Ms. Elaine Barton, Owner/Director of Horses with a Mission and the applicant of the CUP request, explained that Horses with a Mission was a therapeutic riding program for disabled children and adults as well as children with behavioral problems. She remarked that they were the only therapeutic riding program within an hour’s distance from their property. She also noted that they had tried to transport the horses to a different location the previous year, but it had not been good for the horses.
Commr. Parks stated that he appreciated what Horses with a Mission was doing and he had heard good things about what they were trying to accomplish.
The Chairman opened the public hearing.
Mr. Brett Coleman, a resident of Groveland and a neighbor of the property in question, addressed the Board in support of the CUP request. He stated that they were doing good work with the horses, were a good neighbor, and were a benefit to the community.
Mr. Virgil Hempfield, a resident of Groveland and a neighbor of the property in question, addressed the Board in support of the CUP request. He remarked that there had been no problems with the applicant, and he enjoyed the horses, adding that the horses acted almost as a warning device at night because they would make noise if disturbed.
Mr. Dan Judy, a resident of Groveland and a neighbor of the property in question, addressed the Board in opposition to the CUP request. He explained that access to the property was a problem because there was no public road going to the property, only a 12 foot easement. He opined that it would be very difficult to get emergency vehicles or horse trailers down the easement and added that garbage trucks had to back out to get off the road.
Mr. Todd Hempfield, a resident of Groveland and a neighbor of the property in question, addressed the Board in support of the CUP request. He stated that the applicants were great neighbors, and he had no noise complaints with the stables. He explained that in regards to the garbage trucks having to back down the road to get out, he did not allow garbage trucks to turn around in his driveway because the trucks damaged his driveway, which was at the end of the road. He opined that it was not a busy road, and he did not think the easement was a challenge. He remarked that he supported and encouraged what Horses with a Mission was doing.
Mr. Chris Zipperer, an employee of James Senatore Architect representing Hope International Church, addressed the Board in support of the CUP request. He noted that the Church was located to the west of the property in question, and when the Church did their site plans for St. Johns River Water Management District and for the City of Clermont, they took the road into account. He stated that if the road needed to be improved, it could adversely affect their coverages, so they needed to make sure that the road was improved beyond the property line for the Church.
Commr. Campione asked if road improvements were a part of the requirements for the CUP request.
Mr. Zipperer commented that page three of the CUP request stated that there needed to be public safety access and that Lake County required a certain width and a certain compaction which the easement did not meet. He noted that he spoke with Ms. Jennifer Cotch, Environmental Specialist for Growth Management, who explained that some property might be taken for a turnaround. He added that the Church had no problem with the riding facility; they only wanted to ensure the CUP did not interfere with their site plan.
Commr. Parks commented that the road issue could be worked out during site planning.
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Rezoning Tab 3, Ordinance No. 2012-61 for CUP #12/10/1-1, for Horses with a Mission owned by Roy and Elaine Barton, to allow a riding stable/academy for horse riding lessons, with the provision that the road issue be addressed at the site plan.
CUP# 12/4/1-1 – J. Tirri/T.Tirri/Off Road Hummer Adventure
Mr. Greene stated that the applicant was requesting a CUP in the Agriculture Zoning District in the Green Swamp Rural Conservation Future Land Use Category to allow the outdoor recreational use for off road driving courses for Hummers and all-terrain vehicles (ATV), as well as other recreational uses such as remote controlled cars and paintball. He added that the request also included using the existing buildings on the property for maintenance and vehicle repair. He mentioned that the property contained one residence and two existing shortage buildings, one for an active hay operation and the other a storage building that would be utilized for the office, maintenance, registration and first aid facility for the business. He stated that the use was considered a small scale sporting/recreational camp and in accordance with the Comprehensive Plan, it required no more than 20 developed acres of land, noting that this property was roughly 190 acres in size with approximately 16 acres developed for the proposed recreational use. He explained that, pursuant to the Comprehensive Plan, a CUP was required and that the proposed uses were similar to commercial amusement and recreation; however, there was a provision in the Land Development Regulations (LDR) which specified that similar uses may be allowed with a CUP if they are no more obnoxious than the permissible use as it compares to commercial recreation or a hunting and fishing camp. He commented that the uses were insulated by the existing native vegetation and the CUP contained conditions such as noise provisions, limited hours of operation, and additional buffering around the structures that would house some of the activity to mitigate any adverse impacts on adjacent properties. He added that there would also be an additional 50 foot buffer to the Agricultural Zoned property that would remain undisturbed. He explained that in regards to public facilities, the property could be accessed off State Road 561, and there might be some requirements for access improvements as the driveway connects to SR 561. He added that fire and emergency services would be provided by Lake County Fire Station No. 110. He stated that the Planning and Zoning Board recommended approval of the project.
Commr. Parks asked if there were limitations on the size of vehicles permitted for use on the property.
Mr. Greene replied that there was no size limitation. He explained that there would be two types of vehicles, one being a remote-controlled and battery operated vehicle and the other was the standard ATV and Hummer.
Commr. Parks asked if there was any noise concern should the applicant use large off-road vehicles.
Mr. Greene replied that a Hummer was similar to a large Jeep and would most likely not make more noise than a Jeep would.
Commr. Campione asked if vehicles similar to monster trucks would be allowed.
Mr. Greene answered that the applicant had not requested to use monster trucks on the property.
Commr. Parks suggested clarifying that issue in the CUP.
Commr. Hill commented that the minutes from the Planning and Zoning Board meeting stated that the vehicles would all be street ready vehicles with mufflers which should not make any more noise than the average vehicle.
Commr. Campione suggested adding a muffler requirement to the ordinance.
Mr. Elwood Obrig, the attorney representing Off Road Hummer Adventures LLC, explained that the purpose of the business would be for drivers’ training and experience utilizing Hummer H-1 vehicles and Polaris ATVs on a specific driving course on the 16.3 acres. He stated that all the vehicles were legal and street ready with lights and mufflers and would not make any more noise than normal vehicles. He remarked that Off Road Hummer Adventures offered a family-friendly recreational experience that included a remote controlled car track, a paintball adventure area, and a concession stand for on-site customer use only. He noted that no alcoholic beverages would be consumed or sold on the property. He stated that the surrounding wetlands would be protected by a 50 foot buffer that would be marked in accordance with County ordinances. He reported that drivers and passengers would receive safety training upon arrival and drivers would be evaluated with regard to their skill level. He stated that there were beginner, intermediate, and advanced courses, and the drivers would be accompanied on the course if they were not skilled or capable and would be driven by one of the instructors. He mentioned that the target market was 18 to 45 year old active adults living in Lake, Polk, Sumter, and Orange Counties as well as visitors to the Orlando tourist environment. He noted that there was adequate parking on the property that could easily accommodate a minimum of 400 cars, though they did not anticipate more than 60 people using the equipment because they were currently limited in equipment to only eight Hummer vehicles and ten Polaris vehicles. He mentioned the active hay operation on the property would continue along with the off-roading business. He stated that their goal was to offer a professional and safe off road driving experience. He also added that they would be employing about ten people, so it would help the employment base in Lake County as well as promote tourism income.
Commr. Campione asked if the applicant would be opposed to adding a provision under Section 2A of the proposed ordinance requiring vehicles to be street ready and include mufflers.
Mr. Obrig replied that there would not be a problem with that.
Commr. Conner commented that in the Planning and Zoning Board meeting minutes from September 5, 2012, Mr. Obrig was reported as saying there may be beer available after the events for refreshment purposes.
Mr. Obrig explained that he had been notified by the applicant that alcoholic beverages were not considered a necessary element, so they dropped it from the request.
Commr. Conner asked if a provision regarding the sale and consumption of alcohol had been included in the proposed ordinance.
Mr. Minkoff suggested that the Board could include that condition in the proposed ordinance.
Mr. Obrig stated that he did not have a problem with that suggestion.
The Chairman opened the public hearing.
Mr. Kevin Jowett, owner and operator of Revolution: The Off Road Experience, addressed the Board in opposition to the CUP request. He remarked that he was a strong advocate for economic growth, but he was concerned that Off Road Hummer Adventures was very similar to his business, which had just been approved for a CUP about a month ago, and the two businesses were only about a mile apart. He also explained that when the original application was submitted, the business was described as using Polaris UATVs and ATVs, but according to the website for Off Road Hummer Adventures, the business also planned on using Baja cars, which were not mentioned in the application. He mentioned that his company had worked with Legendary Excursions in the past, the company that owned the Baja vehicles, and the cars had caused a lot of damage on the property. He explained that the Baja cars, which could be very destructive to the environment and did not have the fantastic safety record, had been mentioned by Legendary Excursions at the Planning and Zoning Board meeting. He remarked that in his opinion the applicant was proposing one type of experience while offering a different type, and they needed to be clear about what they were requesting. He mentioned that by definition, a Baja car was an ATV, but then so were monster trucks and other large vehicles, and that they should clarify what vehicles would be used and not use the generic term “ATV”. He also expressed concern that any negative attention garnered from Off Road Hummer Adventures would reflect badly on his own company because of their proximity.
Commr. Cadwell asked if a Baja car was street legal and had a muffler.
Mr. Jowett replied that it was used as a racecar, but ATVs were not street legal in Florida.
Ms. Nancy Fullerton, a resident of the City of Clermont and President of the Alliance to Protect Water Resources, addressed the Board on behalf of the Alliance to Protect Water Resources in opposition to the CUP request, since the property was located in the Green Swamp and it was an area of critical State concern. She remarked that the County had done a good job over the years in providing extra protections but that the Alliance to Protect Water Resources believed that the development in the Green Swamp was too intense. She commented that in regards to the vehicles being street ready, there were no streets in that area of the Green Swamp and they believed it should stay that way. She also remarked on the letter from Ms. Rebecca Jetton supplied in the Agenda backup, stating that there were a number of unknown issues with the CUP request that would need to be addressed such as maintaining the flow of the surface water, which was an important issue. She stated that they had not heard any answers to issues such as if the wetlands and/or open space were going to be in a conservation easement or whether a wildlife study and a study to maintain the quality and quantity of surface waters would be conducted. She stressed that the intensity of the project was not appropriate for the Green Swamp area, and there were too many issues that required further scrutiny.
Commr. Campione mentioned that the area that would be used for the business was relatively small in comparison to the total size of the property. She also opined that the impacts of what was being proposed were nominal and, in light of the property owner’s interest and rights, the request appeared to be a good balance to allow some utilization of the property while being sensitive to the ecological and environmental needs of the area.
Commr. Parks agreed that the actual usage of the site was small when compared to the full size of the property and that the usage could be addressed and clarified in the ordinance. He then stated that Ms. Fullerton did bring up a good point about the importance of the flow of surface water. He remarked that perhaps the Lake County Water Authority could work with the property owners to maintain and preserve the flow of groundwater.
Ms. Fullerton stated that the guiding principal of the Alliance to Protect Water Resources is that the Green Swamp was property that had been set aside by the State as an area of total critical State concern, so granting CUPs or changing the laws set by the State guiding development in that area should not be done. She stressed that the area should be a totally protected area.
Mr. Michael Levine, a resident of Clermont and a neighbor to the property in question, addressed the Board in opposition to the CUP request. He stated that one of his neighbors already had a personal recreational 20-acre motocross track in his back yard, and other neighbors had complained to Code Enforcement about the motocross track and were told by Code Enforcement officials that because it was for personal use, there was no code infringement. He mentioned that every weekend they had to listen to motorcycles while in their backyards. He stated that he was a real estate broker and while he supported private property rights, he believed that allowing such an enterprise in that area would have a negative impact on neighboring property values and impede future development. He added that he also agreed with Ms. Fullerton regarding the impacts that development was causing on groundwater flow in the area. He reiterated that granting the CUP would make the lives of the current residents miserable and the business would negatively impact the local tax base in that area.
Mr. Obrig remarked that the business would not have motocross or motorcycles, all the vehicles would have mufflers, and a noise study would be conducted during the site plan if it was required. He stated that the topography would not be changed, but some small berms might be added on the surface which would also be addressed during the site plan. He added that they also would not be affecting the hydrology, and they would be continuing with the hay operation so there would not be any significant change to the flow of surface water on the property.
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Commr. Campione asked Mr. Greene to confirm that the CUP request was not a request to change the Comprehensive Plan.
Mr. Greene stated that that was correct; the request was for a CUP that was being submitted pursuant to provisions of the Comprehensive Plan and would not make any changes to the Plan.
Commr. Campione noted, in regards to potential noise problems, that there were mitigation mechanisms in place, such as completing the noise study analysis and then performing any necessary modifications to prevent the noise level from increasing. She also noted in regards to ditch digging and diversion, the applicant would be required to deal with the Water Management District if changes such as adding berms would be made. She emphasized that the CUP request instituted greater protections for the neighbors and the local environment because of such requirements. She then stated that she did not agree that the Green Swamp protections took away the rights of the landowner, and the County was looking to ensure a balance between protecting the Green Swamp and protecting the rights of the property owner.
Commr. Parks asked if there would be vehicle racing on the property.
Mr. Greene replied that the applicant did not indicate that there would be any racing.
Commr. Parks suggested that any engineering work that occurred on the property would review prior modifications in an attempt to address them as well.
Commr. Campione opined that it would take a great level of community willingness in order to conduct the type of review Commr. Parks was suggesting and that modifying something that was already there in order to restore it might have an unknown adverse impact elsewhere.
Commr. Parks explained that his suggestion stemmed from the fact that water diversion was an important issue.
Commr. Hill suggested adding a provision to the CUP prohibiting the sale or consumption of alcohol on the property during hours of operation.
Commr. Conner expressed concern over the use of Baja vehicles on the property as well as the impact to the neighbors of the property in question.
Commr. Campione reiterated that the noise study that would be completed during the site plan would require that the noise from activities on the site not increase the decibel level on surrounding properties beyond current levels.
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried by a 3-2 vote, the Board approved Rezoning Tab 4, Ordinance No. 2012-62 for CUP #12/4/1-1, for Off Road Hummer Adventure owned by Tracey Tirri, to allow for a recreational outdoor off-road driving course for Hummer and ATVs as well as allowing for a remote control car track, paintball, and a customer center for concession/snack/office/training purposes, including the use of the existing building for a vehicle maintenance facility. The Board approved the request with the required provisions that the vehicles used for the business be street legal vehicles with mufflers and that there be no sale or consumption of alcohol on the property during operating hours.
Commr. Parks and Commr. Conner voted “no”.
Recess and reassembly
The Chairman announced at 10:40 a.m. that there would be a ten-minute recess.
PH# 31-12-5 – Grand Oaks Holding/G. Beliveau/T. Warriner
Mr. Rick Hartenstein, Senior Planner for the Division of Planning and Community Design, explained that PH# 31-12-5 for Grand Oaks Holding was a request to rezone approximately 349 acres located in the north Lady Lake area from Agriculture and Rural Residential to Community Facilities District (CFD) Zoning District for an existing equestrian museum and equestrian training and educational facility allowed under CUP# 1/7/3-5 to include a 50,000 square foot covered equine arena, amphitheater, 24-room lodge, 19 guest cabins, and a private heliport. He explained that if the current rezoning request was approved, then the former CUP relating to this property would be rescinded. He stated that there were no public facilities available on the property at this time, so the applicant would be utilizing a well and septic system on the property. He remarked that the application was consistent with the Comprehensive Plan due to the fact that agriculture and equestrian uses were recognized as suitable uses of property within all Future Land Use categories, and he added that civic uses and active/passive recreational facilities were permitted within both the Rural and the Public Services Facilities and Infrastructure Future Land Use category as conditional uses. He noted that the Comprehensive Plan required the County to be proactive in developing partnerships with the agricultural industry, property owners, and local/regional estate organizations to ensure the continued viability of agriculture as a key component of the local economy. He then explained that the applicant indicated the request incorporated a civic use through the museum, the equestrian use was considered agricultural industry, and the business would provide not-for-profit and civic organizations the use of the facilities for events, training, and fundraisers at no expense as an example of a public/private partnership, benefiting the public while retaining the agricultural use of the land consistent with the Comprehensive Plan. He mentioned that there were State Parks in Florida that provided lodging as an accessory use to the civic facility to provide better service to the public, showing justification for allowing the applicant to include the lodging request with the proposed rezoning request. He also explained that the applicant was requesting equestrian event parking with a maximum of 45 spaces with electric and water hookups as well as a wastewater pump-out station for participants of the events to park their RVs and horse trailers. He noted that the Planning and Zoning Board had recommended approval of the request with a maximum stay of 90 days because of the types of events and training performed at the property. He also clarified that the heliport was for the private use of the property owner and would be subject to all applicable Federal, State, and local regulations and permitting requirements. He remarked that Public Works had indicated that based on the traffic generation report that was provided by the applicant, there was adequate capacity available on area roads to support the project. He added that the proposed rezoning required that a Tier II Traffic Impact Analysis be conducted as part of the site plan application submittal. He also noted that no negative impacts to the natural environment were anticipated; however, any development would cause the need for an environmental assessment at site plan review. He stated that the Planning and Zoning Board recommended approval as submitted along with changing the original 30 day time limit for equestrian event parking to 90 days and replacing the conceptual plan with a revised plan allowing additional options for relocation of the covered arena depending on what was a more suitable site. He recommended approval of the request.
Commrs. Cadwell, Campione, Hill, Parks, and Conner each disclosed that they had met with the applicant prior to and after they had filed their rezoning application, and Commrs. Hill, Parks, and Conner disclosed that they had also talked with the applicant over the phone.
Mr. Gregg Beliveau, the Applicant, stated that he agreed with what Mr. Hartenstein had said and explained that the revised conceptual plan consisted of three options for the covered arena, so they could select the best option during the site plan. He remarked that a covered arena would help mitigate facility impacts on neighboring properties.
The Chairman opened the public hearing.
Mr. John McNamara, a resident of Lady Lake and neighbor to the property in question, addressed the Board in opposition to the rezoning request. He expressed his concern over the request for the heliport and that it would be used by more than just the owner of the property. He also commented on the request for 45 event parking spaces where participants would be allowed to stay for up to 90 days, opining that it would make the lot more like a trailer park. He remarked that there would be a solid waste problem with all the manure from the horses. He expressed concern over the additional parking that would be added and that Griffin Avenue could not handle the additional traffic. He stated that it was not fair to the current residents to have a large commercial operation in the area, and they would fight against any attempts to widen Griffin Ave if the need arose due to the increased traffic.
Mr. Beliveau stressed that the heliport was for the owner’s use only, and the owner currently had the right to fly onto his property any time he wished and he was only constructing the heliport to secure a fixed landing zone and a flight path. He also commented that there were multiple access points to the property, not just Griffin Ave, so no one roadway would be overly burdened. He explained that there would not be multiple septic tanks for the event parking but rather one dump station. He also explained that they needed the 90 day time limit because their facility trained in English and Western riding as well as training polo and carriage horses. He emphasized that they were not opening a new campground with long-term residents.
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Commr. Campione asked how they could assure that the private heliport did not turn into a public use heliport.
Mr. Hartenstein replied that it was in the ordinance that the heliport was strictly for the use of the owner, and there would be no commercial traffic allowed there.
Commr. Campione asked what provisions were in the ordinance to prevent the facility from turning into an RV facility if the equestrian uses were to cease.
Mr. Hartenstein answered that if the equestrian training were to cease, then the accessory use of event parking would cease as well.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Rezoning Tab 5, Ordinance No. 2012-63 for PH# 31-12-5, for Grand Oaks Holdings, LLC, with Mr. Thomas Warriner as the owner and Mr. Greg Beliveau as the agent, to allow for the rezoning of approximately 349 acres from Agriculture and Rural Residential to Community Facilities District Zoning District for an existing equestrian museum and equestrian training and educational facility allowed under CUP# 1/7/3-5 to include a 50,000 square foot covered equine arena, amphitheater, 24-room lodge, 19 guest cabins, and a private heliport, with the provision that the site plan exhibit be replaced with the new site plan exhibit that had been presented.
County manager’s departmental business
Human resources
Lake county medical stop loss and risk insurance contracts
Ms. Susan Irby, Human Resources Director, gave a presentation and discussion on the renewal of the County’s property, liability, worker’s compensation, and other additional insurances required by statute and/or programs for the County’s self-funded risk programs and discussed the renewal of the medical stop loss insurance. She noted that the BCC, Clerk of Courts, Lake-Sumter MPO, Property Appraiser, Tax Collector, and Supervisor of Elections were all current risk program participants. She reviewed the County’s self-insured risk program, mentioning that the County utilized a risk insurance broker obtained through RFP whose job it was to solicit renewal quotes on behalf of the County on a yearly basis. She stated that in Fiscal Year 2010, Arthur J. Gallagher Risk Management Services, Inc. had been awarded a contract for that purpose. She reported that the County had the option of paying either a flat fee or a percentage commission to the risk insurance broker, and so far it had been more beneficial to pay the flat fee, specifying that for the proposal about to be discussed there was a $20,000 difference between the two payment options. She introduced Mr. Craig Fainstein, Area Assistant Vice President for Arthur J. Gallagher Risk Management Services, to continue the presentation.
Mr. Fainstein discussed the first of two renewal options for the County explaining that for the property loss insurance aspect of Option 1, the County took the first $100,000 of risk, the package covered the next $900,000, and there was $159 million in coverage for excess property, giving the County a total in $160 million in coverage for any catastrophic loss. He noted that the exception to that would be for named wind storms, in which the County had $25 million in coverage for a total of $26 million.
Commr. Cadwell asked who decided what the retention level was.
Mr. Fainstein replied that his company looked at it from year to year based on the County’s peers, but ultimately the County makes the decision.
Mr. Minkoff clarified that usually someone from the County Manager’s Office, Human Resources, and the County Attorney’s Office sat down and looked through the program with the risk broker and then the County Manager made the final decision.
Mr. Fainstein continued discussing Option 1, moving to the third party liability insurance, which included public officials liability coverage. He explained that the County would take the first $50,000 of risk, the package paid the next $950,000, and then there was an excess policy that paid an additional $4 million for a total of $5 million. He then explained that the workers compensation and employers liability insurance was based off of State requirements where the first $200,000 of risk was covered by the County and the package covered $300,000, giving a total of $500,000 in coverage. He noted that the County also had an excess workers’ compensation policy that attached at $500,000 and picks up the statutory benefits and was basically unlimited based on what the State says the County is liable to the employee for their injury. He then discussed Option 2, stating that property and third party liability insurance stayed the same, but this year there was a challenge with the excess workers compensation coverage because insurance companies had seen losses greater than expected. He explained that, as a result, the most viable option for the County was one where the insurance was attached at $600,000 instead of $500,000. He reviewed that the County would pick up the first $200,000 of risk, the package would pick up the next $300,000 of risk, the $100,000 gap would be picked up by the County, and the excess coverage would pick up at $600,000. He noted that this option saved about $22,000 in premiums. He explained that the reason this option was being recommended was because there had been no losses that had approached even half of that $500,000 limit in the last ten years. He added that the County had also gotten the opinion of an actuary, who agreed that it was a viable option. He then reviewed the ancillary policies that were in addition to the major coverages already discussed. He stated that the boiler and machinery policy had a $50 million limit and a $1,000 deductible; the pollution liability policy for scheduled sites had a $1 million limit and a $20,000 deductible; the crime policy for all of the County’s departments had a $1 million limit and a $50,000 deductible; the cyber risk policy had a $1 million limit and a $25,000 deductible; and the storage tank liability for scheduled tanks, which covered what the State’s financial responsibility laws required, had a $1 million limit and a $25,000 deductible. He also mentioned that the accidental death and dismemberment policy was for police and firefighters and required by statute, and the accidental death and dismemberment policy required for probation participants was for that period of time when new employees were under their probationary period.
Ms. Irby continued the presentation, discussing the Lake EMS risk insurance coverage and the recommendation to include Lake EMS into the County’s property and liability program. She reviewed that Lake EMS was currently insured by the Preferred Governmental Insurance Trust (PGIT) for all risk insurance, and they had received a proposal from Brown & Brown/PGIT to renew coverage for Fiscal Year 2013 as well as an alternative proposal from Arthur J. Gallagher. She stated that the recommendation was to include Lake EMS in the County’s property and liability program but not the worker’s compensation program, which would remain with Brown & Brown. She explained that the current coverage through Brown & Brown/PGIT had a total cost of $289,691 and then outlined the three options. She specified that Option A, renewing with Brown & Brown/PGIT, would have a total cost of $298,042; Option B, an “apples to apples” quote provided by Arthur J. Gallagher, would have a total cost of $220,988; and Option C, also provided by Arthur J. Gallagher for including Lake EMS into the County’s property and liability coverage, would have a total cost of $214,914. She stated that this was a savings of $83,128, and the reason that Option C was being recommended was because the County would keep the $116,428 estimated retained losses in the fund, providing the potential for further savings if those retained losses were never realized. She then discussed the medical stop loss insurance for the County, noting that current coverage was provided by Symetra, and The Crowne Group was the broker that represented that company. She noted that during the renewal process each year, The Crowne Group presented the County with market conditions, options and costs. She also mentioned that after Commr. Conner had raised a concern about the claims and opined that the County should not have to accept even a six percent increase in cost because the County’s claims had been doing very well, staff was able to negotiate a quote of $450,844.80, which was two percent lower than the current rate of $460,905.60 and was also lower than the original renewal rate of $489,297.60.
Commr. Conner expressed concern over how well The Crowne Group was representing the County because they did not get the best quote. He thanked Ms. Irby for her help in renegotiating the quote.
Ms. Irby stated that staff recommended that the Board approve the County’s Risk Insurance renewal incorporating an additional $100,000 per occurrence Self-Insured Retention (SIR) layer within the excess coverage for Worker’s Compensation/Employers Liability, permit Lake EMS to participate in the County’s Property and Liability Risk Program, continue with the current flat-fee broker compensation with Arthur J. Gallagher, approve the County’s Medical Stop Loss Insurance renewal, and permit the Procurement Services Manager the authority to sign forms associated with this agenda item.
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the renewal of the County’s Risk Insurance incorporating an additional $100,000 per occurrence Self-Insured Retention (SIR) layer within the excess coverage for Worker’s Compensation/Employers Liability, approved for Lake EMS to participate in the County’s Property and Liability Risk Program, approved to continue with the current flat-fee broker compensation with Arthur J. Gallagher, approved the County’s Medical Stop Loss Insurance renewal, and authorized the Procurement Services Manager to sign forms associated with this agenda item.
Other business
Appointment of members to the wellflorida council
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board appointed Mr. Tony Rosado as the Lake County Consumer Member and reappointed Mr. Jonathan M. Cherry as the Lake County Provider Member and Mr. Tom Tran as the Lake County Purchaser Member, each to serve two-year terms beginning October 1, 2012.
reports – county attorney
Small claims affordable housing case
Mr. Minkoff reported receiving a small claims case by a contractor involving a four-year-old affordable housing case. He noted that the County Attorney’s Office would defend the County as well as the client in that case. He mentioned that he did not think there was any basis for the claim.
reports – county manager
Economic Stabilization Reserve Policy
Mr. Gray explained that this agenda item was a request to revise the Economic Stabilization Reserve Policy and the fund balance amount. He estimated that the reserves for the next fiscal year would drop below the 15 percent minimum balance the mandated by the policy the Board had adopted.
Mr. Steve Koontz, Budget Director, explained that the current general funds reserves policy, LCC-51, directed that there be no less than 15 percent of the general fund in reserves. He reviewed that the County had a general fund operating budget of approximately $120 million projected for next year and the reserves for next year were estimated at $17.3 million, which was approximately 14.4 percent. He noted that based on the projections for 2014, the reserves would drop to about seven-and-a-half percent and recapped that the reserves policy had previously required a minimum of ten percent in reserves, but in May of 2010, the policy had been changed to 15 percent. He proposed that the policy be adjusted to provide flexibility moving forward and that the range be adjusted to between seven and 12 percent.
Commr. Conner asked if lowering the rate would mean that they could not have a higher amount in reserves.
Mr. Koontz replied that they could have a higher reserve amount.
Mr. Gray added that typically the County had always had higher than 15 percent.
Commr. Hill asked if there was a State statute limiting the reserves.
Mr. Koontz replied that statute dictated that the County could not budget 100 percent of the revenue, and there were no statutes regarding reserves.
Mr. Gray specified that statute only allowed the County to budget 95 percent of its revenues.
Mr. Koontz noted that Orange County had maintained seven percent in reserves for at least twelve years.
Commr. Campione expressed the benefits of approving the range of seven to 12 percent instead of specifying the amount at ten percent.
Commr. Hill noted that she had voted against the 15 percent and remarked that she thought the reserves amount should be lowered to ten percent.
Mr. Gray noted that the reserves were projected to drop to about seven percent in 2014, and the Board would not want to have to come back and change the policy again next year.
Commr. Conner added that he also agreed with the seven to 12 percent reserves amount.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the recommended reserve policy of seven to 12 percent of the budget be held in the general fund reserves.
REPORTS – COMMISSIONER HILL – vice-CHAIRMAN AND DISTRICT 1
Lake-sumter 50th anniversary event
Commr. Hill reported that she and Commr. Campione had attended the 50th anniversary event for Lake-Sumter Community College. She mentioned that a proclamation from the BCC had been included in a time capsule that the College sealed at the event and would be opened in 25 years.
reports – commissioner parks – district 2
Wellness Way Sector Plan
Commr. Parks reported receiving a letter from Congressman Dan Webster expressing his support in moving forward with the Wellness Way Sector Plan.
Last meeting for county manager
Commr. Parks mentioned that this would be Mr. Gray’s last meeting as the County Manager and thanked him for his service to the County.
reports – commissioner conner – district 3
Business opportunity centers
Commr. Conner reported that he was excited about the business opportunity centers that were opening and that he was very pleased with the outreach to the business community.
reports – commissioner cadwell – district 5
Florida Association of Counties Legislative Policy meeting
Commr. Cadwell reported that last week he had attended the Florida Association of Counties Legislative Policy meeting and mentioned that he had had discussions with representatives from the Department of Revenue regarding other options for handling Medicare. He noted that they would meet again in November.
South lake sector property
Commr. Cadwell reported that he had toured the South Lake Sector property.
Lake ems meeting
Commr. Cadwell reminded the Board that there was a Lake EMS Meeting at 2:30 PM.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
Departmental Budget Workshops
Commr. Campione reported that during the last budget discussion, the Board had expressed a desire to move forward with looking for ways to find savings. She proposed that beginning in November, after the elected Board members were sworn into office, the Board begin to hold workshops regarding specific areas of the budget. She explained that the workshops could be held on the same days that the Board meetings were scheduled.
clarification on economic development budget
Commr. Campione reported that some misinformation may have been reported regarding the County’s budget and the amount spent on economic development. She stressed that while the amount spent on economic development did increase in 2012, it was not as significant an increase as postulated by some outside reports.
Recess and reassembly
The Chairman announced at 12:20 PM that the Board would recess until 5:05 PM.
Public hearing
Fiscal year 2012-2013 budget and millage rates
Commr. Campione called the budget public hearing to order.
Mr. Gray reviewed that this was the second of two budget public hearings on the Fiscal Year (FY) 2013 Budget required by Florida Statute. He stated that the purpose of the meeting was to adopt the final budget for FY 2013, including final millage rates. He mentioned that Mr. Steve Koontz, Budget Director, would be discussing the tentative millage rates for FY 2013 that were adopted by the BCC at the first budget public hearing that was held on September 11, 2012, as well as adjustments to the tentative budget for the Board’s consideration. He explained that, at the end of the public comment section of the meeting, the Board will adopt the final millage rates by resolution, discuss and approve any changes to the tentative budget, and adopt by resolution the total budget by fund. He reported that the Ad Valorem tax revenues were reduced by 6.2 percent because of the lower tax base that was affected by the recession-era economy and unpredicted foreclosures, the Public Lands Voted Debt Millage was being increased to .1900 in order to have the adequate coverage for the County’s principle and interest payments, the tentative budget would eliminate seven full time positions as well as reduce programs and also included a five percent reduction to departmental budgets. He stated that the budget would provide for adequate maintenance of County facilities, equipment and infrastructure; included some departmental reorganization such as the consolidation of the County fleet maintenance office; set public safety and economic development as the highest priorities, included a reduction in the Sheriff’s budget of $2.6 million; and maintained reserves in the general fund at approximately $17.3 million. He commended the Constitutional Officers and Senior Staff for their cooperation throughout the budget process and applauded County staff for their efforts and support.
Commr. Campione noted that at the last budget meeting the BCC had voted on the tentative rate, and under Florida law the Board was prohibited from now raising the rate they had approved. She also mentioned that at the last meeting, the Board had voted to keep the millage rate the same and not adopt the rollback rate, so there would not be an increase. She added that there would be a slight adjustment to the Public Lands Voted Debt Service, which was something voters had decided on. She commented that in conjunction with what the Board had voted on at the last meeting, they recognized that they would need to continue looking for ways to create efficiencies in the way the County delivered services to the community, but a decision was made to use reserve funds to subsidize that shortfall. She noted that tonight they would not be making any decisions about specific areas in the budget, adding that the Board would be conducting public workshops over the next few months to discuss certain areas of the budget and go over ways to deliver services more efficiently.
Mr. Koontz noted that the public hearing had been properly advertised in the Orlando Sentinel on Friday, September 21, 2012. He identified the following proposed millage rates for FY 2013, as required by Chapters 129 and 200 of the Florida Statute: The proposed Lake General Fund Millage was 4.7309 mills which was equal to the current rate and a 6.85 percent reduction from the rollback tax rate of 5.0786 mills; the proposed Lake County Ambulance Millage was 0.3853 mills which was equal to the current rate and a 6.84 percent reduction from the rollback tax rate of .4136 mills; the proposed Lake County Stormwater, Parks, and Roads Millage was 0.4984 mills which was equal to the current rate and a 7.91 percent reduction from the rollback tax rate of 0.5412 mills; the proposed Fire MSTU Millage was 0.3222 mills which was equal to the current rate and a 7.65 percent reduction from the rollback tax rate of 0.3489 mills; and an aggregate total of the four millages is 5.9368 mills which is equal to the current rate and a 6.98 percent reduction from the rollback rate of 6.3823 mills. He also stated that the proposed Public Lands Voted Debt Millage, which was not figured into the rollback calculations, was 0.1900 mills which was an increase to the rate adopted in FY 2012 which was 0.1101 mills.
The Chairman opened the public hearing.
Ms. Julie Yandell, speaking on behalf of the Children’s Services Council, thanked Commr. Conner for his work as liaison for the Council. She expressed her appreciation for the support the Board had for their budget.
Mr. Ted Stratton, a resident of Lake County, congratulated the Board for doing what he opined was the right thing.
Mr. Darrell Reynolds, a resident of Lake County, addressed the Board to express his appreciation and support for Lake County EMTs. He explained that at the start of the year he had suffered a heart attack at work and thanks to the efforts, dedication and training of the EMTs who responded to his situation, they helped to save his life. He emphasized how thankful he was for the quality of the men and women who serve this community and stressed that the County would get what it paid for in regards to its emergency medical services.
Ms. Stephanie Gardner, a resident of Lake County, addressed the Board in support of the Lake County Public Libraries and urged the Board to continue funding the libraries and the parks. She remarked that the residents of the County needed places to go to seek mental and natural nourishment. She thanked Commr. Cadwell for his support of the libraries and parks. She also stressed the importance of the libraries and parks to the children of the County.
Mr. Johnny Ellison, a resident of Lake County, addressed the Board in support of public transportation. He stressed that there were people whose only means of transportation were the busses, without which they could not get around. He explained that many people could not afford to call a taxi or hire someone to drive them, and those buses took people to their jobs, to school and to shopping centers. He submitted a petition to the Board regarding bus service and libraries. He asked the Board to keep the buses running.
Ms. Lis Glynn, a resident of Lake County, addressed the Board in support of public transportation. She stated that a petition had been previously submitted to the Board, and they should have received letters and emails as well. She remarked that there were 80 people who rode the bus from two apartment buildings, and by taking that away the Board was taking away their livelihood. She stated that she was on disability and could not drive anymore so she used the bus to get to her doctor’s office. She opined that the Board was taking away a lot from the residents of Lake County. She remarked that residents could not afford to pay for a taxi, and by removing bus stops they were causing some people to have to walk as far as four miles to get to the closest stop. She stated she depended on the bus.
Commr. Cadwell stated that the Board had received the petition.
Commr. Campione stated that currently no changes had been made to the bus service.
Ms. Yvonne Wolfe, a resident of Lake County and a representative of Discovery Gardens at the Agricultural Center, thanked Commr. Parks and the other Commissioners for doing what they could to keep Discovery Gardens open. She discussed the Agricultural Center and Discovery Gardens, mentioning that they were open to everyone and that last year they had logged over 32,000 visitors in the last three years, not including people who toured the gardens, or the 4-H area and family and consumer services section. She noted that last year the school system had used Discovery Gardens for over 2,051 children and 359 adults as well as special needs groups who used the gardens on a regular basis for hands-on therapy. She remarked that Lake County was one of the few counties within the State of Florida that had such a garden, and she also mentioned that it had been started by residents and is still being operated not just with County funds but also through funds collected by the Master Gardeners from plant sales and other fund raisers. She explained that Master Gardeners were required to contribute volunteer hours and within the last three years 24,960 volunteer hours had been recorded, saving the County $450,991. She also noted that Master Gardeners had contributed $44,000 over the last three years to help maintain the gardens. She stated that they appreciated that their funding had not been completely cut.
Mr. John Thornton, a resident of the City of Tavares and a member of Lake EMS, addressed the Board in support of Lake EMS. He expressed his passion for the level of service Lake EMS provides for the County and stressed the importance of the human element in the budget process. He also mentioned that if the County hired another company to perform EMS services, they would not get the level of service that they currently had and people like Mr. Reynolds might not survive. He asked the Board to remember the human element and not just make their decisions based on the numbers.
Mr. David Moseley, a resident of Lake County, addressed the Board in support of Lake EMS. He mentioned that he had been involved in EMS and fire services for the County for the last 40 years, seeing it from a group of volunteers to an organization that has received national awards for the quality of its work. He stated that the County would be moving backwards if they hired a third party EMS company to replace Lake EMS and stressed that the County had the best EMS organization possible.
Mr. Dennis Sargent, a resident of the City of Mount Dora, addressed the Board in support of Lake EMS. He stated he had spent 42 years in fire and emergency medical services, was one of the first paramedics in the state, sat on the committee that put together the legislation for advanced emergency medical practices for the State of Florida, and wrote the first paramedic exam as well as proctored the exam before eventually taking the exam himself. He noted that he had served in various regions throughout the State and believed that a government operated system was probably the best way to go. He remarked that he had worked with many private ambulance companies, volunteer rescue squads, and other EMS organizations and he opined that the best team was here in Lake County. He stressed that Lake EMS was the glue that held all the fire and emergency service providers together because it provided a common communications network to all of the EMS providers so they could better coordinate their efforts. He stated that with the oversight the BCC had over Lake EMS, the Board knew what was being spent and knew that they were staying within budget even though the budget had been going down over the past few years, and they had still been answering calls effectively. He emphasized that agencies such as Rural Metro could not provide the same level of service. He strongly suggested that the BCC maintain government control over EMS in the County.
Mr. Ken Smith, a resident of Lake County, addressed the Board in support of Lake EMS. He stated that he was retired from both Rural Metro and Lake-Sumter EMS, though he no longer had ties with either company and remarked that the people of Lake County did not want to change the County’s EMS system. He mentioned that he had reviewed the unofficial proposal from Rural Metro and if it sounded too good to be true then it usually was. He noted that the County had previously had a consultant come in to review EMS spending for the County who reported that the County was not paying twice what it should for such services. He also stressed that residents had strongly objected when the Board tried to make changes to EMS. He expressed concern about the Board getting rid of the Captain who had brought Lake EMS to where it was today. He then asked the Board to not mess with the County’s EMS services.
Mr. Daniel Meehan, a resident of Lake County, addressed the Board in support of Lake EMS. He stated that the BCC had recognized at its last meeting that there was a $4 million budget shortfall for FY 2013, and as a way to cut the budget, Rural Metro had submitted a proposal for privatization to the County. He remarked that Lake County had one of the best EMS services in the Country, and there were people in Lake County who would have died if the emergency had occurred in any of the surrounding counties. He stated that he worked as a paramedic in Orange County for 15 years and over that time had a small handful of cardiac arrest resuscitations that survived hospital discharge. He added that after six months of working for Lake-Sumter EMS, he had resuscitated four people in a row, which he attributed to the chain of survival built by the people at Lake EMS which begins with their involvement in the community to teach CPR and make people aware when to call 9-1-1. He lauded the progressive protocols utilized by Lake EMS, opining that they were far too advanced for the average paramedic who only met the minimum standards required by the State. He also mentioned that he had never had a truck break down or experienced a major equipment failure while working for Lake EMS, and he had never needed to improvise treatment because he did not have the proper supplies. He stated that the amount charged for services was barely above the minimum allowed for Medicare, and they collected payment on over 50 percent of what they billed. He stressed that if the County chose to privatize EMS, they would lose the high level of service the County was currently accustomed to.
Mr. Mike Hilliard, resident of Lake County and a member of Lake EMS, stated that he had worked for Lake EMS, formerly Lake-Sumter EMS, for 19 years in various capacities. He remarked that the members of Lake County’s EMS service were ardent supporters of their service and proud of the quality of their work as well as the awards and recognition they have received. He explained that his role in the EMS system was education and training for Lake EMS as well as interagency training and education. He asked the Board to not destroy the County’s EMS. He remarked that Rural Metro saved money by cutting out the quality assurance and education aspect, and as a result the people who work there do not have a vested interest in the community. He asked the Board to maintain the County’s great EMS system.
Ms. Bonnie Bishop, a resident of Lake County, addressed the Board in support of public transportation. She stated that her sister had a degenerative brain problem and lives in a nursing home in Eustis. She remarked that she had learned about LakeXpress at the same time she realized she could not afford to continue to visit her sister twice a week, and the bus service has made a big difference in her and her sister’s life because she can afford to drive to town to catch the bus. She explained that her sister only recognizes her because of the suspenders she wears, she does not remember anyone else, and if she had needed to decrease her visits, then her sister might have stopped recognizing her as well. She stressed that she really needed the bus service, and there were others who really needed it as well.
There being no one else who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
Commr. Campione opined that there appeared to be a misperception regarding Lake EMS. She explained that when the issue had been raised at the last budget hearing, the proposal submitted by Rural Metro had been mentioned because, with the budget shortfall, the Board needed to review many of the services the County provides to find any possible savings. She stressed that the article stating that the Board was going to privatize EMS was not accurate, and she never said she supported that idea. She then explained that it was the responsibility of the Board to look into any possible savings, and when a proposal was made that could save the County $2.7 million, it would have been irresponsible for the Board to not look into it further to find out where the savings would be coming from. She stressed that the comments stating the Board only cared about the money could not be farther from the truth and that both finances and the safety and wellbeing of the people of Lake County were important factors in their decisions. She stated that the Board was not proposing to privatize EMS and commented that she appreciated the passion that has been shown for Lake EMS. She then stated that the Board could not walk away from a proposal such as the one received from Rural Metro without asking some additional questions. She asked that people not rush to judgment and allow the Board to go through the necessary process. She assured that she would be looking out for all of the people of Lake County; it was the Board’s responsibility to ensure the needs of the County’s citizens were met in the most efficient way.
Commr. Cadwell reiterated the concerns he had expressed at the previous budget hearing regarding the direction the Board was going, and he thought that the Board wasted eight months working on a long range strategy and then abandoned a good fiscally responsible plan. He stated that he planned on voting against this tonight.
Commr. Parks encouraged the public to come to the budget workshops to be a part of the discussion. He stated that the decision was a human decision for him, especially in regards to Lake County’s EMS. He remarked that he appreciated that Sheriff Borders was in attendance at the meeting and noted that the Sheriff had cut $2.6 million from his budget. He noted that the Board would not be asking the Sheriff to make any additional cuts.
Commr. Conner stated that he supported leaving the millage rate at the current level because of the impact it would have on businesses as well as residences. He also stated that he did not support privatization of Lake EMS. He remarked that at the last meeting everyone was against raising property taxes, and this meeting everyone wanted more services; however, the desire for lower taxes and more services left County officials in a difficult position. He stated that the County had essential services which were important and enhanced quality of life within the County. He stressed that the Board was trying to be sensitive to businesses on the brink of foreclosure and save those jobs while at the same time continuing to provide the services that benefit all residents of the County. He also stressed that the Board was going to be facing many challenges over the next year, and they were going to work hard to do the right thing for the public and do their best to ensure the cuts made have a minimal impact.
Commr. Campione reiterated that she supported maintaining the millage rate and did not support increasing taxes. She stated that if the County were to go with the rollback rate, which would increase taxes, 80 percent of commercial properties and 56 percent of the residential properties would see a rise in their tax bill. She remarked that it was inaccurate to assume that because this year had seen a decrease in property taxes that property owners would not be affected by an increase. She asked for the citizens of Lake County to show patience and to continue being involved in the process.
Commr. Cadwell asked that the Debt Service FY 2013 Final Millage Rate be separated from the Countywide Millage Rate for the vote.
On a motion by Commr. Conner, seconded by Commr. Parks and carried by a 4-1 vote, the Board approved Resolution 2012-117A for Lake County Countywide FY 2013 Final Millage Rate of 4.7309 mills; Resolution 2012-118 for Lake County Municipal Services Taxing Unit for Ambulance and Emergency Medical Services FY 2013 Final Millage Rate of 0.3853 mills; Resolution 2012-119 for Lake County Municipal Services Taxing Unit for Stormwater Management, Parks and Roads FY 2013 Final Millage Rate of 0.4984 mills; and Resolution 2012-120 for Lake County Municipal Services Taxing Unit for Fire Rescue/Emergency Medical Services FY 2013 Final Millage Rate of 0.3222 mills.
Commr. Cadwell voted, “No.”
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Resolution 2012-117B for Lake County Voter Approved Debt Service FY 2013 Final Millage Rate of 0.1900 mills.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the tentative changes to the proposed Fiscal Year 2013 budget since the last public hearing resulting in a budget reduction of $1,367,939.
On a motion by Commr. Conner, seconded by Commr. Parks and carried by a 4-1 vote, the Board approved the final Fiscal Year 2013 budget totaling $381,653,865 for Lake County and adopted budget Resolution 2012-121.
Commr. Cadwell voted, “No.”
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 6:04 p.m.
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leslie campione, chairman
ATTEST:
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NEIL KELLY, CLERK