A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
June 10, 2014
The Lake County Board of County Commissioners met in regular session on Tuesday, June 10, 2014 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: Jimmy Conner, Chairman; Sean Parks, Vice Chairman; Timothy I. Sullivan; Leslie Campione; and Welton G. Cadwell. Others present were: David Heath, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Jennifer Johnson, Deputy Clerk.
INVOCATION and pledge
Mr. Sanford A. Minkoff, County Attorney gave the Invocation and led the Pledge of Allegiance.
Mr. David Heath, County Manager, under Tab 40, pulled Ms. Amy Painter’s appointment to the Lake County Arts and Cultural Alliance for the time being due to a residency requirement.
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the BCC Minutes of May 6, 2014 (Regular Meeting).
elder abuse awareness month
Commr. Parks presented Proclamation No. 2014-66 to Joelle Aboytes and Latricia Easton with Department of Children and Families proclaiming June 2014 as Elder Abuse Awareness Month.
Ms. Christina Brandolini, Employee Services Director, presented the following employee awards:
James Dickerson, Assistant Fire Chief
Public Safety/Fire Rescue Division
Scott Auker, Trades Crew Leader
Facilities and Fleet Management/Facilities Management Division/Jail & Sheriff Facilities Maintenance
Anthony Cuellar, Battalion Fire Chief
Public Safety/Fire Rescue Division
Clarence Archie, Park Attendant
Public Resources/Parks & Trails Division
Kathy Rattray, Teen Court Counselor (13 Years) – Not Present
Community Safety and Compliance/Probation Services Division/Teen Court Drug Program
Rebecca Holland, Animal Control Officer (23 Years) – Not Present
Community Safety and Compliance/Animal Services Division
James “J. B.” Blackwell, Fire Marshal/Fire Captain (25 ½ years)
Public Safety Department
Christine Stephens, Sign Fabricator (35 Years)
Public Works/Engineering Division/Traffic Operations
Children’s Services Council
George W. Wanberg, for service from 2011-2014 – Not Present
Debbie C. Thomas, for service from 2008-2014 – Not Present
citizen question and comment period
Mr. Vance Jochim, a resident of Tavares and writer of a blog about fiscal issues, spoke regarding roundabouts and donated a book from the UK called “Roundabouts of Great Britain” to Mr. Jim Stivender for engineering ideas. He noted how the UK is creating roundabouts using paint and signs rather than utilizing $1 million to build one. He also discussed the concept of the federal government offering grants to governmental agencies and that the School Board recently rejected a federal grant for free lunches for all students because some of the funds would actually come from the taxpayers.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Sullivan 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 the 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.
Country Greens Community Development District Budget
Request to acknowledge receipt of Country Greens Community Development District Proposed Operating Budget for Fiscal Year 2015.
The District’s public hearing is scheduled for June 30, 2014 at 5:30 P.M. at Sorrento Christian Center, 32441 County Road 437, Sorrento, Florida.
City of Fruitland Park Comprehensive Plan Amendment
Request to acknowledge receipt from the City of Fruitland Park Comprehensive Plan Amendment – Ordinance 2014-002
PROPERTY: The Villages of Fruitland Park – DRI
APPLICANT: Darrin Taylor, The Villages of Lake-Sumter, Inc., Owner.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 4 through 26, as follows:
Request for approval of Resolution No. 2014-67 regarding the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant funding for FY 14-15 and supporting Resolution No. 2014-71. The fiscal impact is $746,413.00 (County Portion: $74,642.00 / Grant Funded: $671,771.00).
Request for approval to advertise an Ordinance amending Section 5-2, Lake County Code entitled Speed Limits. Also, request approval to advertise an Ordinance creating Section 5-6, Lake County Code, entitled Speed Limits for Gator Hole. There is no fiscal impact.
Request for approval to declare a portion of Alt Key 1441781 (approximately 7.6 acres) as surplus for the purpose of disposal and offer for sale through the competitive sealed bid process to the highest bidder with the minimum bid of $108,000. There is no fiscal impact at this time.
Request for approval of renewal of Lease Agreement with Lake Square Mall Realty Management, LLC for Sheriff’s Office space. There is no fiscal impact.
Request for approval of Mediated Settlement Agreement between Lake County and Tara Lillie. There is no fiscal impact as all is covered by insurance.
Facilities Development and Management
Request for approval of a related budget transfer and award of contract 14-0216 to International Restaurant Distributor LLC (Ocala, FL), for various commercial grade kitchen appliances to be installed at the Lake County Detention Center; and authorize the Procurement office to execute all implementing documentation. The fiscal impact is $47,355 (Expenditure).
Fiscal and Administrative Services
Request for approval of contract 14-0427 in the annual amount of $40,603.20 for the Lease of High Speed/High Capacity Multi-Functional Device (MFD) on a Cost-Per-Copy Basis to Xerox (Orlando) and authorize the procurement office to execute all implementing documentation. The fiscal impact is 203,016.00 (Expenditure – Full 5-Year Lease).
Request for approval to award contract 14-0433 for an upgrade of the Lake County Tax Collector telecommunication system to Advanced Communication Solutions (ACS), Lake Mary, Florida, and authorization for the procurement office to execute all related contractual documentation. The estimated fiscal impact is $46,578.92.
Request for approval to apply for the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation. The FY 2014 allocation for Lake County is $40,720.
Request for approval of contract 14-0019 to ComPsych Employee Assistance Programs, Chicago, Illinois, for Employee Assistance Program (EAP) services in conjunction with the County’s needs and authorize Procurement Services to execute all implementing documentation. The estimated annual fiscal impact is $18,724.56 (Expenditure).
Request for an award of contract 14-0434 for replacement of the current BCC chambers Audio Visual (AV) System to LMG, Inc. (Orlando, Florida) and approve standardization of Crestron AV product line until such time any alternate action is considered and approved. The estimated fiscal impact is $140,000.00.
Request for approval to award contract 14-0412 in the amount of $206,299.40 for Bermuda Sports Turfgrass and Bahia Common Area Lawn Maintenance and Related Services for North Lake Community Park to D & A Building Services, Longwood, and authorize the Procurement office to execute all implementing documentation. The fiscal impact is $206,299.40 (Expenditure).
Request for approval to award contract 14-0413 in the amount of $118,766.80 for Bermuda Sports Turfgrass and Bahia Common Area Lawn Maintenance and Related Services for East Lake Community Park to D & A Building Services, Longwood, and to authorize the Procurement Office to execute all implementing documentation. The fiscal impact is $118,766.80 (Expenditure).
Request to award contract 14-0414 in the amount of $128,496.80 for Bermuda Sports Turfgrass and Bahia Common Area Lawn Maintenance and Related Services for Minneola Athletic Complex to D & A Building Services, Longwood, and authorize the Procurement Office to execute all implementing documentation. The fiscal impact is $128,496.80 (Expenditure).
Request for approval of employment of Ms. Rachel Fautsch, Extension Agent I (4-H Youth Development). The fiscal impact is $34,493 (Expenditure).
Request for approval to award contract 14-0432, Lime Rock for Lake County Parks & Trails to Tom's Playground of Central Florida (Sorrento, FL) and authorize the Procurement Office to execute all supporting documentation. The annual fiscal impact is estimated at $45,625.00 (Expenditure).
Request for approval and signature of revised Memorandum of Agreement between the Florida Fish and Wildlife Conservation Commission and Lake County Board of County Commissioners for Wetland & Aquatic Habitat Enhancement of Pine Meadows Conservation Area. There is no fiscal impact for FY 13/14. The fiscal impact for FY 14/15 will be $25,000 (Expenditure). The annual fiscal impact will be $50,000 (Expenditure). Commission District 4.
Request for approval to award contract 14-0407, Janitorial Service for Lake County Parks and Trails to Sanders Cleaning Service, Leesburg, Florida. The fiscal impact is estimated to be $52,020.00 (Expenditure).
Request for approval and signature on Resolution No. 2014-68 authorizing the reduction of the speed limit from 30 MPH to 25 MPH of the following roads, in the Bassville Park, Leesburg area. Commission District 3, Section 12, Township 19, Range 25. There is no fiscal impact.
Lakeland Avenue (5538C) Laralack Avenue (5538D)
Missouri Street (5438) Lakeview Drive (5538A)
Carl Road (5441A)
Request for approval and signature on Resolution No. 2014-69 authorizing the posting of "No Parking on Right of Way" signs on CR 44 (6143) east of the Haines Creek Bridge, east of CR 473, in the Leesburg area. Section 2, Township 19, Range 22. There is no fiscal impact. Commission District 3.
Request to advertise for bids for the North Hancock Road Phase IIIA and IIIB Extension and Widening Project at an estimated cost of $8,645,930, of which $1,935,858 will be funded from the Federal/State Grants Fund, $2,640,000 from the Road Impact Fee Benefit District 5 Fund (remaining fund balance), and $4,070,072 from the Renewal Sales Tax Capital Projects Fund. The fiscal impact is $8,645,930 ($1,935,858 - Grant funded). Tracking No. W&R08042. Commission District 2.
Request for authorization for the Chairman to execute change order #4 to the Alfred Street One Way Pair Project No. 2013-07, Bid No. 13-0038, to DeWitt Excavating, Inc. Change order #4 is for storm system modifications due to conflicts with new and existing utilities owned by the City of Tavares and to accommodate a future tie-in of a southern sewer system as requested by the City of Tavares. The total estimated cost of this work is $24,063.24 that is to be funded by the Road Impact Fee Benefit District 2 Fund and reimbursed by the City of Tavares. Twenty-five (25) days will be added to the contract completion time. The fiscal impact is $24,063.24 (to be reimbursed by the City of Tavares). Commission District 3.
Request for authorization to accept the final plat for Barrington Estates Phase 2 and all areas dedicated to the public as shown on the Barrington Estates Phase 2 final plat, accept a performance bond in the amount of $59,770.52 for landscaping and pavement markings, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Hanover Capital Partners, LLC; also, accept a performance bond in the amount of $16,174.62 for sidewalk improvements, and execute a Developer’s Agreement for Construction of Sidewalk Improvements between Lake County and Hanover Capital Partners, LLC. Barrington Estates Phase 2 consists of 30 lots and is located just west of CR 561, south of Groveland in Section 14, Township 23 South, Range 25 East. There is no fiscal impact. Commission District 1.
Animal services presentation
Sheriff Gary Borders gave a presentation regarding the possibility of the Sheriff’s Office assuming the day-to-day operations of Animal Services. He noted that over the last several months, the Sheriff’s Office staff has visited several different Sheriff-run animal services facilities to obtain best practices and different ideas to make things better in Lake County. He mentioned that the Animal Services staff does a great job, and Mr. Brian Sheahan, Community Safety and Compliance Department Director, has stepped up and made some great changes at the facility so far. He stated that the Board would not see any information regarding the budget in his presentation because they have agreed that they will use the budget that the County has submitted, but there are different items that would have to be worked out and discussed.
Sheriff Borders stated that the objective is to provide an effective seamless transition that will not create hardship on the citizens of Lake County, but one that will create an opportunity to build on the professionalism and services provided. He pointed out that there is currently no Animal Services Director, and it is their goal to start the application process immediately for a qualified individual, which is paramount for the success of the operation by making sure animals are being adopted or that they are working with the rescues close enough to keep the numbers as low as possible at the shelter. He noted that the Rescue Coordinator position is crucial and has been proven in other County Animal Services throughout the state to be very successful in the adoption process and relationship development with rescue groups. He mentioned that the goal is to utilize the position to assist in the reduction of the animal shelter population, immediately begin to work with staff and rescue groups for the development of guidelines for qualifying and approving pet rescues, and have rescue groups meet the proposed standards and agree to the approved guidelines to receive animals from the facility. He explained that the Sheriff’s Office currently has over 150 active volunteers within the various community programs, and with the addition of Animal Services, they will be seeking out additional volunteers, which are selected through an approved application process. He expressed their interest in utilizing inmate labor to allow the restructure of existing staff to carry out other essential job functions, which will benefit the shelter and the inmates.
Sheriff Borders advised that they are concerned about the facility, because they have identified several concerns such as a lack of proper ventilation and a need for additional outside holding kennels. He noted that there is a need for immediate discussions with County Facilities to develop a plan for structural improvements and to reduce the risk of diseased animals entering the shelter. He mentioned that there is a need for additional chain-link runs that would provide exercise, usable visitation space for the dogs, and access for adoption selection. He explained the outreach programs and that they would utilize existing community programs and events to advertise for pet adoption, develop plans to enhance public immunization programs and work with rescue and animal foundations to increase the spay and neuter programs countywide, in which they would like a mobile spay/neuter clinic. He noted that they have had several talks with South Lake Animal League and other rescue groups that are willing to help and partner with them to assist in making the change successful.
Commr. Cadwell stated that Sheriff Borders is the right person to have in charge of Animal Services because he has experience with laying and building a good foundation within different departments.
Commr. Parks commented regarding spay and neuter clinics and rescue qualifications being at the forefront of Animal Services, because over 70,000 dogs and cats are born a day, and they need to be fiscally responsible when it comes to these animals; he feels that the Sheriff is sincere about these topics and will address them.
Commr. Campione stated that she appreciated the Sheriff taking a look at Animal Services and the time he and his staff spent going out to other facilities to see their practices. She commented that the veterinarians are a great resource in the County who could assist with getting the best practices in place, such as the mobile spay and neuter clinic. She suggested that the Sheriff attempt to have a target when it comes to euthanasia rates by working with rescue groups and adoption programs to bring the numbers down to the absolute minimum and having a low kill rate. She opined that the Sheriff could do all of this in a more efficient manner than how it is already being done by utilizing inmate labor and cutting costs by not sending two different agencies to animal complaint calls.
Sheriff Borders stated that their goal is to have a low kill rate and increased adoption rates, as well as the mobile spay and neuter clinic. He noted that euthanasia is an important issue.
Commr. Sullivan thanked the Sheriff for coming forward to coordinate a more efficient product and opined that he feels the chain-of-command fits better with the Sheriff’s Office than elsewhere and that they can provide the best service at the best cost for the citizens.
Commr. Conner thanked the Sheriff for being willing to do this and commented that he feels that he would be able to correct issues currently at Animal Services.
Sheriff Borders commended the Animal Services staff and how hard they work and stated he feels this would give a lot more resources to them.
On a motion by Commr. Campione, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board voted to endorse the transfer of Animal Services to the Sheriff and have an interlocal agreement prepared and brought back to the Board for approval.
Human services grants recipients presentation
Ms. Rebecca Foley-Kearney introduced the Human Services grants recipients who would be giving presentations on the grants received from the Board.
Mr. Horace Jones, Executive Director of the Housing Authority of City of Eustis, Utility Deposit Assistance Program, stated that the grant provides assistance to low-income residents for water, gas and electric for their apartments. He advised that the Housing Authority serves the low-income population, with eligibility based on family size and income, and they currently have 116 apartments, of which 60 are funded by Housing and Urban Development (HUD), with the remaining 56 funded by the government. He noted that three to four years ago when the economy began to decline, they found that there was a problem with applicants being able to pay deposits for water, gas and electric and simply did not have the money. He pointed out that there were units unoccupied because the applicants could not pay the deposits for those services, and the grants have been a tremendous success and enable them to serve 31 families and pay out roughly $9,000 in utility expenses for the residents. He thanked the Board for the opportunity to assist the residents in this manner.
Ms. Irene O’Malley, Executive Director of Lake Cares, Inc., Feeding the Need in Lake County, thanked the Board for their grant and reported that although the organization started in April of 2009 with a Saturday distribution for a modest goal of feeding 15-25 families, in 2013, they fed 19,205 people and gave out over 300,000 pounds of food. She noted that over 65 percent of her clients are seniors and disabled persons, and they will always be in need of food. She explained that the grant has enabled them to purchase milk, eggs, meat and fresh produce and fruit for the clients due to agreements with local farmers who are planting gardens for them and selling the produce to them. She described that they now have approximately 15-20 different fresh fruit and produce items that are offered to the clients, and there is a special distribution for seniors and disabled persons on Wednesdays because their needs are much different than that of a family. She reported that they have 140 active volunteers and receive a lot of donations from businesses, individuals, organizations and churches, but the community support is the best support they receive. She explained the mission statement as feed the body, educate the mind and lift the spirit of all individuals. She stated that they have an agreement with Lake Tech Vocational School and provide GED classes on site three days a week, have stop-smoking classes, basic budgeting and cooking for kids classes.
Ms. Chantel Buck, Executive Director of New Vision for Independence, Employability for Visually Impaired Persons, stated that the program seeks to address the high unemployment rate for people with visual impairments. She noted that the problem with unemployment for visually impaired individuals is split into two areas, the new skills needed to accommodate to the visual world and also the overcoming of the stigma of blindness in the community. She explained that part of the grant educated 17 local business owners and provided the skills training to 21 visually impaired persons. She encouraged the Board members to come to the facility or attend training.
Ms. Peggy Ray, Society of St. Vincent DePaul, Client Utilities Program, stated that their program is a 501c3 organization, employees are strictly volunteers, and they service Lady Lake, Fruitland Park, Leesburg, and portions of Oxford, Summerfield and Weirsdale. She explained that the facility is open Monday through Friday; pantry days are Tuesdays and Thursdays; financial days are Monday, Wednesday and Friday; clients can receive food twice a month; and financial aid is by appointment and includes rent, utilities, car repairs, and furniture. She noted that the funds come from a variety of sources such as St. Timothy parishioners, newspaper recycling, individual donations, support from local clubs and grants from Publix, Walmart and the Board of County Commissioners. She noted that during 2013 they provided food and financial aid in the amount of $278,612; Panera Bakery and Publix continue to donate bread and pastries on a weekly basis, Hacienda Hills Restaurant provided turkeys at Thanksgiving and food gift cards at Christmas and Easter, they have received nine automobiles, 30 bicycles, and 20 computers which were all donated to those in need. She advised that the jobs committee found 30 jobs for clients funded five people in a certified nursing program; the Christmas program provided 438 children with gifts this past year; the backpack program delivered 110 packets of food to Fruitland Park Elementary School and partnered with Kohl’s Department Store to provide clothing to 130 children at the school; and they also work closely with the Haven. She described the latest endeavor as providing low cost transitional rental housing of duplexes in Lady Lake to two families, and each client will attend budget counseling and other educational training as needed. Habitat for Humanity has agreed to work with the clients when they are finished with St. Vincent DePaul’s program with a long term goal of assisting them to obtain home ownership and skills to be successful members of the community.
Introduction of new administrator for Department of health
Ms. Dottie Keedy introduced Mr. Aaron Kissler, MPH as the new Administrator for the Department of Health in Lake County.
Mr. Kissler introduced himself to the Board and advised that he feels that Lake County has the most potential in the State of Florida, and he is excited to apply his 14 years of Public Health experience.
On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board confirmed the appointment of Mr. Aaron Kissler as the new Administrator for the Department of Health in Lake County.
RECESS AND REASSEMBLY
The Chairman announced at 10:11 a.m. that there would be a 10 minute break.
Commr. Conner recognized Eustis City Commissioner, Mr. Michael Holland and Mr. Gary La Venia, Fruitland Park City Manager and welcomed them to today’s meeting.
2014 fire assessment update
Mr. Steve Koontz, Fiscal and Administrative Services Department Director, introduced Mr. Steve Tindale, President of Tindale-Oliver & Associates, regarding the results of the 2014 fire assessment update study for Lake County.
Mr. Tindale advised that an update was done in 2011 for the fire assessment, and there was an interim update in 2013 with a shift from residential to non-residential which recommended maintaining the current updates. He explained that one of the biggest issues is the Advanced Life Support (ALS) and Non-ALS because they cannot charge for ALS, and that has to be monitored, although it appears to be stable from the two separate studies which were also looked at by land use. He noted that they looked at the distribution of the assessable budget and how much it can assess, and property units by land use were stable. He stated that there has been a shift from residential to non-residential and possibly having to make the non-residential go up, which is minor, but on a smaller group of people it will be a larger shift. He displayed a distribution of incidents on the monitor stating that there were minor changes from 2008-2010 and 2008-2013, where they decided not to charge the 80 percent for Non-ALS that could be charged and instead charge the 75 percent giving a safety factor, which is critical, and the firm suggests they continue to maintain that number. He advised that the assessable budget for staffing and increased services has moved up from $16.7 million to almost $18 million, and what could be assessed is six percent. He stated that the residential has gone down and the non-residential has gone up in resources, which is not uncommon because a smaller set of land uses with a small shift will have rates change dramatically. He pointed out that charges in non-residential could be changed, even though it is not a large part of the budget, but it is a large percent of change for the six percent changes.
Mr. Tindale reported the conclusions and suggestions from their firm were that the ALS and Non-ALS are stable, there is an increased allowable assessable budget, property units are stable by land use, no land uses are being overcharged, maintain fees, and do not take away from distribution until there is a major update.
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved to accept the fire assessment update.
Mr. Sandy Minkoff, County Attorney, requested approval of adoption of Ordinance No. 2014-25 updating Chapter VI of the Land Development Regulations, entitled “Resource Protection Standards”, in order to ensure protection of the environment by providing specific criteria and conditions for when vertical seawalls may be utilized for shoreline protection along springs, lakes, rivers and streams and by providing criteria for the amount of upland runoff to control or capture and demonstration of how it will be controlled or captured. There is no fiscal impact.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved adoption of Ordinance 2014-25.
Commr. Cadwell stated that he appreciates all of the hard work on these items by staff, the County Attorney’s Office and the Board.
Library impact fees
Mr. Paul Alford, Library Services Division Manager, gave a presentation regarding the public hearing for seven library impact fee project agreements. He noted that there is a single district for library impact fees, and a credit is given if a municipality collects its own impact fees. He added that impact fees are collected to provide capital improvement for libraries where residential growth requires increased capacity and service, and they are only applied to residential construction in the amounts of $191 per single-family unit, $146 per multi-family unit and $152 per mobile home unit. He advised the library impact fees are awarded based on an application process outlined in Lake County Policy LCC-63, with one requirement being that the impact fees be awarded at a public hearing. He specified that budgeted funding for impact fees for the current year was set at $814,589, and a sharp increase in construction resulted in available funds from impact fees to exceed the budgeted expectations, providing unanticipated revenue of $70,000. He explained that there is a review process for the applications and awards, with eight applications from seven libraries, one deemed ineligible, and awards were recommended by Library Directors on March 27, 2014 and by the Library Advisory Board on April 17, 2014.
Mr. Alford described the recommended projects as follows: Fruitland Park Library to expand by 1,500 square feet at a cost of $322,500; Marianne Beck Memorial Library in Howey-in-the-Hills for planning and permitting for community room construction at a cost of $75,000; Leesburg Public Library for additional shelving at a cost of $11,560; Minneola schoolhouse Library for additional shelving and computer at a cost of $3,500; W.T. Bland Public Library in Mount Dora for AWE Literacy Computer workstations at a cost of $16,944; Cagan Crossings Community Library for architectural design for a 12,000 square foot unfinished second floor at a cost of $200,000; and Marion Baysinger Memorial Library in Groveland for land acquisition for parking and expansion at a cost of $250,000, with the project awards totaling $879,504.
Commr. Cadwell commented that Groveland has a great need for parking, because the library serves as much more than a library there.
The Chairman opened the public hearing.
Mr. Vance Jochim, a resident of Tavares and writer of a blog about fiscal issues, spoke regarding the process of approving the project requests. He advised that he attempted to locate information on the website and there was nothing, so he submitted a letter to Mr. Alford who directed it to the Attorney’s Office. He pointed out that the minutes from the meetings are not posted on the website, and there is no section about impact fees and where the money goes. He mentioned that he feels there is a need for another website for impact fees and minutes where the projects are approved.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Commr. Parks stated that he supported all projects on the list except the request for $200,000 for architectural design for the second floor of Cagan Crossings Library because he does not see why the cost is so high and would like more supporting data for that figure.
Mr. Alford stated that the figure was derived from the original facilities plan from 2005-2020 that marked out the original build-out of that facility at $2.19 million, and the directions from Facilities was to plan on 10 percent of that for the second floor build-out.
Commr. Parks inquired as to whether they can check on the number now to compare the cost.
Mr. Alford stated that they asked the architect of record what the actual build-out of that would be and were given a quote of $2 million.
Mr. Heath stated that it is not to exceed $200,000, and they have looked at the amount and had Facilities look at it. he commented that they did not want to estimate it too low, because that is not how they do estimates, and the County architects could not look at this project because it is outside of their scope.
Commr. Sullivan stated that 10 percent is a typical fee based on his experience, and there has been a lot of community input throughout the process.
Mr. Sandy Minkoff noted that this is for purposes of the impact fee grant and choosing the architect would have a contract that would be brought back before the Board. He pointed out that they can negotiate that with the architects then, so they are not approving the architectural contract but only an award to reimburse the County up to $200,000 maximum.
Commr. Conner stated that 10 percent of an architect fee would seem high, but the $200,000 is not being spent right now; it is just being budgeted for right now. He advised that he would like to learn what a proper fee would be for a building that already has a lot done to it.
Commr. Campione questioned whether the second floor was an empty shell and when they designed it. She noted that if they stopped at that part of the design, then they would have to start picking it back up. She suggested that they consider local contractors to be involved with this type of work.
Commr. Sullivan mentioned that since people use the libraries as community centers, they will be starting from scratch for this second floor build-out, and the 10 percent would be a standard fee since they are still getting community input.
Commr. Parks stated that he will pay special attention to this project, even though he feels it will be harder to deny the contract once complete and brought before the Board.
Commr. Conner requested that Mr. Heath look at other counties to see if they are doing or have recently done a build-out to see what their fees were.
Commr. Campione stated that this will have a large technology component, because they want a technology hub and teleconferencing, and there may be additional costs for that type of build-out.
On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to award library impact fees for seven projects; approval and signature of interlocal agreements with the City of Fruitland Park, the Town of Howey-in-the-Hills, the City of Leesburg, the City of Minneola, and the City of Mount Dora; and approval of Resolution No 2014-70 for unanticipated revenue in the amount of $70,000 and associated budget transfer. The total fiscal impact for seven projects is $879,504 (Expenditure).
Update on transit services
Ms. Dottie Keedy, Director of Community Services, gave a presentation regarding an update on LYNX Route 55, transportation disadvantaged trip reductions, Medicaid Reform, Lake County/LYNX Memorandum of Understanding, and Dump the Pump Event. She explained that the BCC contracted with LYNX to provide service to the Four Corners Lake County residents utilizing General Fund dollars, which mainly provides transportation to employment in the attractions area and shoppers coming to Walmart in Lake County, and the BCC ended service in 2013 due to budgetary issues. She advised that at the request of the residents, the Board asked staff for options to reinstate the service utilizing Section 5307 grant funds, and after negotiations, LYNX reinstated service in 2014 at a higher cost with reduced service, from 32 trips per day at a cost of $70,700 to eight trips per day at a cost of $88,900. She reported that at the request of Commr. Conner staff met with LYNX and Polk County and investigated other options, which yielded four options.
Ms. Keedy explained the first option was to partner with Polk County to share the cost of Route 427 from Haines City to Legacy Boulevard with an estimated cost of $200,000 annually. She noted that the pros of that option were a regional approach to transit, possible availability of service development grant funds to offset cost, and providing customers for Lake County businesses. She related that the cons were that the decision must await the outcome of the Polk County transportation referendum in November, costs are higher than LYNX’ current rates, and the route would be have to be expanded to provide a greater level of service to include extended hours and weekends. She advised the second option was to initiate LakeXpress bus service to connect to Route 55 in Osceola County at an estimated cost of $405,000 annually. She pointed out the advantages of that were that the County would control the service, and it expands LakeXpress service in South Lake County; however, the cons were that no buses are immediately available for service; the costs are significantly higher than LYNX rates; costs to provide required ADA service are unknown; and weekend and after-hours maintenance would be needed. She described the third option being a Vanpool Program with an estimated cost depending on the number of vans needed, fees established and number of riders that participate. She stated that the pros would be existing funds to purchase vans, short turnaround time to implement, and a possible increase in FTA funding; and the cons would be that the County would have to subsidize rates to make it affordable to riders; issues such as liability and maintenance must be resolved; the needs and interest of potential riders must be determined, and service would be limited to employment transportation. She explained the final option was a contract with LYNX to provide increased level of service to include 15 trips at an annual cost of $138,699. She advised that the pros are that it would meet immediate needs, provide the best level of service, was a regional approach to transportation, and result in the lowest available cost to provide service; and the cons are the number of Lake County residents served is unknown; no control over future cost increase; and higher cost for lower level of service than received in the past. She explained that working with Polk County may provide the best long term option, but the upcoming referendum will delay negotiations, and it will adversely affect future partnership opportunities if defeated; LYNX currently provides the quickest and most cost efficient option to providing full service fixed route transportation in Four Corners which can be funded with 5307 grant funds. She related that staff recommends a contract with LYNX to increase the level of service to 15 trips per day, seven days per week beginning in August, 2014 utilizing Section 5307 grant funding.
Ms. Keedy reported that the Transportation Disadvantaged (TD) trips have continued to decline, which impacts the local match for federal grants that fund the fixed route service. She described the reasons for the decline as being due to a more stringent eligibility screening, and many clients have difficulty in providing required information; also, prior deletion of Life Sustaining, Education and Employment categories in Transportation Disadvantaged Service Plan (TDSP) impacted a number of trips that were provided. She noted that the prioritization of County Funded Paratransit trips are medical and nutritional, with employment and education ending in 2012, and life sustaining ending in 2007. She explained that an option to increase trips and maintain local matches is to work with other service providers in the county to assist potential riders with eligibility screening requirements. She elaborated that the community health care worker has been assisting with that task, and the Health Department is interested in working with staff to possibly transport their eligible clinic patients that need specialty care. She expressed the second option for increasing trips is to amend the TDSP to include the education and employment trips to be provided as funding permits under the current budget.
Ms. Keedy reported that a majority of Medicaid patients were to be moved to Managed Care Organizations (MCO) as of May 1; however, due to enrollment issues, the Agency Health Care Administration (AHCA) established a 60-day Continuum of Care to allow clients additional time to register with MCO’s and is scheduled to end on June 30. She explained that although trips counts are down, Lake County will provide a majority of trips through June, and staff is negotiating with transportation brokers to provide future Medicaid trips. She advised that the full impact of Medicaid reform will not be known until after June 30, and Lake County’s portion of Medicaid funding used for a match for federal grants will be reduced from $853,000 to $354,000 unless the County provides additional Medicaid trips, but staff will continue negotiations with brokers and will bring back agreements for BCC approval.
Ms. Keedy updated the BCC on the Memorandum of Understanding with LYNX to state that staff has been negotiating an agreement to ensure Lake County receives annual Section 5307 grant funding from LYNX for the South Lake Urbanized area of approximately $348,593 for FY 14/15.
Ms. Keedy advised that June 19, 2014 is the 9th Annual National Dump the Pump Day, which was created by the American Public Transportation Association to promote the use of transit. She explained that staff would like to offer a no fare day for LakeXpress rides on that day and will work with Communications to provide a press release to market the event.
Commr. Sullivan stated that continuation of the Route 55 service has been an issue, and staff has worked with everyone including Polk County to come up with a solution to meet the needs of the citizens in Four Corners, because the riders use this to get to work. He commented that even though the cost is more, they will utilize 5307 grant fund dollars, since it is the right thing to do.
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the negotiation with LYNX for FY 14/15 for Route 55 service at an estimated cost of $138,699 using 5307 funds, approved for the County Manager to sign Route 55 service agreement with LYNX, approved to add education and employment trip categories to TDSP and approved to allow riders to utilize LakeXpress at no charge on June 19, 2014.
Commr. Parks stated that he supports the continued funding out of 5307 funds since the fund is money that is coming into the urbanized area of South Lake regardless, and they will use that money to assist an existing route that has been in place for seven years to get it back up to full service and get people to work, as well as bring people into Lake County to shop.
Commr. Campione mentioned that she supports the adding of education and employment trips to the TDSP, and it is a plus for riders and the community.
Commr. Conner commented that the individuals are utilizing Route 55 to get to work as the primary purpose, and there were people walking in the dark to and from work on a busy highway when the bus service was not extended, which is a recipe for an accident to happen. He thanked the staff for going to Orlando with him to meet with LYNX.
Economic development and tourism update
Mr. Robert Chandler, Economic Development and Tourism (EDT) Director, gave a presentation providing a summary of Economic Development and Tourism activities during and through the 2nd Quarter 2014. He advised the most recent unemployment rate in Lake County was 5.8 percent in April, which was a drop from March at 6.7 percent, and the State of Florida dropped to 5.7 percent. He stated that the County is currently at 124,256 employed residents, which is up from 2010 when there were 108,932 employed residents, and the peak was in 2008 at 129,487. He displayed several graphs on the monitor explaining the Lake County Employment versus Labor Force and Lake County Jobs versus Employment as of September 2013, where there are over 82,000 jobs in Lake County and over 119,000 residents employed, noting that they are trying to close that gap. He indicated that the Lake County Business Tax Receipts from January through May have increased to almost 900, and that is up two percent year over year. He noted that Lake County is up 16 percent through 2014 in terms of residential building permits and median home sale prices are up 11 percent, with the statewide median up 13 percent.
Mr. Chandler explained that EDT needs to be able to provide solutions to residents by providing service, knowledge and effort. He stated that the department will be striving for greatness, and just because a program has always been done a certain way with good results does not mean that it cannot be a great program or be improved, and they are evaluating all aspects of the department every day. He mentioned that Lake County was recognized as the Small Business Development Center’s (SBDC) “Resource Partner of the Year” for 2013 for the Central Florida Region, and the award recognizes the resource partner from each region that provided the greatest direct contribution to the regional Florida Small Business Development Center (FSBDC) network. He introduced Ms. Eunice Choi, Regional Director for SBDC to present the award to Chairman Conner and Board. Ms. Choi stated that every dollar spent on the SBDC program generated $7.76 in tax revenues and $40 in tourist impact. She advised that they are considered the most economical program of the government, and the award is to recognize the financial support, advocacy and partnership of the Board, which they are thankful for.
Commr. Conner thanked Ms. Choi and stated that he is very proud of the work the staff does, and it is recognition of their great job.
Mr. Chandler stated that 271 individuals attended different training classes at the Business Opportunity Center (BOC) and 288 hours were spent on consulting and preparation with 174 consulting sessions and 116 distinct clients through March 2014. He noted that since the incubator currently has one client, they decided to shift gears on how they work the incubator and get into a co-working space program, which was launched May 1 with significant initial interest. He indicated that the re-launch has been successful, and there is a better understanding with less confusion on what the BOC is doing; however, there is a need to continue promoting the incubator program and increase programs directed at second stage companies. He described the “Partners for Success” event where Lake County Schools, Lake Tech, Lake-Sumter State College (LSSC), and Chamber Alliance partnered and showcased academies and programs that are in Lake County and informed the business community what is offered on the education side rather than showing the job seekers what businesses have to offer. He advised that the department now has a tracker system where they track everything that they do in terms of jobs, in which they have worked on 440 jobs, attended 125 community outreach events, and had 200 site visits to let people know what the department does and has to offer.
Mr. Chandler related that in the business attraction area, the marketing study is done for the Mount Dora employment center, and the new name is Wolf Branch Innovation District of Mount Dora. He stated that when a business comes to their department and is looking to relocate or expand in Lake County as a major project, they call that a Lead Generation, where manufacturing is leading in terms of leads coming in but they are starting to get diverse leads. He mentioned that they are currently interviewing for the Northeast Lake EDT Coordinator position and have received 85 applications. He mentioned that they nominated Mr. Greg Schultz from G.W. Schultz Tool Inc. for the Volunteer of the Year award for assisting with the Center for Advanced Manufacturing, who won the award and was presented with it in Tampa on June 9, 2014. He pointed out that they are going to develop a Lake County Local Economic Developers Team, which is a bi-monthly roundtable for Lake County’s municipal and private sector economic development partners. He mentioned that the first edition of EDT Quarterly Newsletter will be going out soon with a lot of data and updates. He noted that they coordinated a meeting with the South Lake Chamber for Orlando Rising/Orlando IX which is a technology movement that is going on in Central Florida because they want to make sure Lake County is not left behind with this movement. He indicated the Legislative Update reflected that Lake Tech Center for Advanced Manufacturing received $500,000 and Lake-Sumter State College Science Lab received $3 million.
Mr. Chandler described an action item of the RAD Systems Incentive Grant for the software development company located in Mount Dora for applying for High Value Job Creation Program (HVJCP) based on projected job creation of 10 eligible employees. He noted that the HVJCP requires hiring of 10 employees, each at a minimum of 115 percent of the Lake County average annual wage; jobs must remain open and filled for a minimum of two years; the applicant has 12 months to complete hiring; and awards are distributed after appropriate documentation of each hiring is submitted. He explained the Incentive Program Management in which all growth incentive grants require a minimum of a two-year auditing period to ensure that the required jobs are created and retained for the minimum two-year time horizon, and upon successful completion of the two-year audit period, incentive accounts are officially closed by the Clerk. He elaborated that a recent review of incentives from 2004-2008 revealed several outstanding incentive grants with auditing periods that have expired and are still open. He advised that those accounts have incomplete reporting and no opportunity for further information gathering or repayment, and there are six grants for a total distribution of $287,000 where they were able to verify 18 of the 78 jobs created, the County was reimbursed $10,000 by one company and the net amount from unverified jobs to be closed is $233,500. He stated that the jobs were created and paid for, but they are unable to verify if they are still retained for the amount of time needed, and they recommend that the BCC approve to close the outstanding accounts. He reported that they asked for money from the municipal partners two years ago to assist with the BOC’s, and the first year was not as good as expected. Year two they did not ask for additional money, but the City of Clermont, Montverde and Groveland submitted their money before making that determination, so they feel that at this point it would be in the best interest to reimburse their money to them. He noted that in order to do that they have to terminate all contracts and make sure they are in compliance with them, because if there is no specific project or use for their money, it is not appropriate to ask for their money and take it to place into an account to use on a later date, and the termination will not have an impact on the BOC which will be fully funded out of the budget.
Mr. Chandler gave a tourism update indicating that March was the highest month ever recorded with an increase of 11 percent for the year for revenue. He indicated that TDC Capital Projects are as follows: Tavares Waterfront Park has the cleanup underway, and the boat ramp design will be completed by Fall 2014; Clermont Rowing Facility is finishing their design with a June groundbreaking and a 60-90 day construction timeline; and Hickory Point Dock Improvements construction is underway with a late summer completion time frame. He mentioned that USA Volleyball at Hickory Point Beach construction is underway, and the July 5 Grand Opening is still on track with significant interest from all over the Southeast, including a feature in “Sports Events” magazine. He explained the major marketing efforts of the Sports Website, partnered with a show called “How to Do Florida” which highlights things to do in Florida, and there is an ad in the Fish and Wildlife Commission Fishing Guide for best bass fishing in the State; also the new Wings and Wildflowers Poster is complete, and the Welcome to Lake Magazine is in all hotel rooms across the county and highlights Lake County. He noted that there is a Tourism Expo on June 11, 2014 to inform tourism partners on services and products available to them via Lake County EDT and VISIT Florida, stimulate networking and relationships between tourism partners, and inform local residents on tourism opportunities in Lake County. He indicated that they received trademark approval for “Real Florida, Real Close,” began development of the new Tourism Website projected for a Fall 2014 launch, held an Arts and Cultural Alliance Workshop, and were able to secure the Florida High School Athletic Association Golf State Championships at Mission Inn for the next three years.
Mr. Chandler indicated that the Tourism Marketing Plan and Marketing Budget are complete with items that they took from the tourism workshops to benefit tourism and move things forward. He advised that the Event Sponsorship Program is in place since December 2011 and utilizes a Tourist Impact Model (TIM) to determine award amounts and they would like to add another program by proposing that they leave the existing program intact, with increased room night verification criteria, add an alternative program that is based on out-of-county visitors, and allow event organizers to choose the program that best fits their event type. He stated that the TDC has been doing research over the last few months, and they recommend that staff research feasibility of relocating the Welcome Center from its current location.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the HVJCP incentive award for RAD Systems Inc. in the amount of $29,000; approved authorization for the Clerk to close six outstanding incentive accounts totaling $233,500; approved termination of existing BOC agreements with eight BOC financial partners to include Clermont, Groveland, Montverde, South Lake Chamber, Eustis, Tavares, Mount Dora and Umatilla; approved reimbursement of BOC payments to Clermont for $35,928, Groveland for $10,911 and Montverde for $1,829; approved Tourism marketing Plan and Budget and authorized EDT to execute the Plan; approved proposed modification to TDC Event Sponsorship Program; and authorized EDT staff to research feasibility of relocating the Lake County Welcome Center.
Mr. Bret Jones of Clermont spoke before the Board to request permission to work or partner with EDT staff on an incubator program in the County.
Commr. Parks explained that there are three businesses in Lake County that will be starting an incubator program, because they want to give back and support a business incubator in South Lake and are looking for approval today to work with staff on this program, so the Board is aware. He stated that there is no action or decision to make on this, and it is just transparency in the sense that they have an idea that they are bringing before the Board and are looking for approval for them to move forward.
Commr. Conner stated that the Board agrees with them working with the EDT on the incubator program.
Commr. Cadwell suggested that they put together a business plan and present it before the Board at a later date.
RECESS AND REASSEMBLY
The Chairman announced at 11:53 a.m. that there would be a 30 minute lunch break.
Presentation of Prepayment of impact fees
Ms. Amye King, Growth Management Department Director gave a presentation on the prepayment of impact fees. She stated that the intent of prepayments was to allow individuals to secure firm estimates of impact fees that would be due in connection with a proposed development and not be subject to increases in the fee schedules, essentially locking in a rate unless the BCC voted to have a higher impact fee at some point. She explained that the fees are tied to the land and were suspended from 2010 to 2014, but have since been reenacted at a reduced rate, and prior to January 13, 2014 an individual could bank the prepayment which allowed conversion to exemptions. She noted that the value of many prepayment accounts exceeds the current impact fee rate, and lot owners contacted the County regarding issues with Road and School prepayments and the difference between what they paid and the current rate, and increases in the cost per lot due to the prepayments running with the land. She explained that as the collection of the Road and School impact fees were suspended, lot owners could convert into credits or exemptions, so prepayments made before April 1, 2008 shall credit the account with one road and one school exemption for each lot or parcel, and prepayments made on or after April 1, 2008 had a conversion of prepaid impact fees to credits which shall be equal to the actual amount prepaid, with the road credit or exemption limited to the same road impact fee district. She displayed several slides on the monitor that gave a breakdown of prepayments in different subdivisions and noted that accounts that have converted prepayments to Road and School exemptions include Showcase Homes Inc., which has converted 11 lots of 84 lots to 11 road exemptions and 11 school exemptions; the Villas at Green Gate, which converted 45 lots to 45 road exemption and 45 school exemptions; and Eric Coe, which converted 68 lots to 68 school exemptions.
Ms. King advised that there are two options available; the first would be to authorize staff to draft a new ordinance to allow for a limited time of banking of prepayments to convert to exemptions, with the pros being a neutral financial impact and consistency with the original intent and the cons being the exemption value would be less than the original prepayment by the original payer. She noted that the accounts could convert prepayments to road and school exemptions. She indicated that option two would authorize staff to draft a new ordinance to allow for a limited time of banking of prepayments to convert to credits, with the pros being the credit value would be same as the original prepayment by the original payer and cons being a decreased revenue for schools and roads and inconsistency with the original intent.
Mr. James Bible from Showcase Homes, Inc. spoke regarding the EDT report and how he has been involved for seven years with the Lake County Schools Career Technical Educational Program. He indicated that two years ago, Commr. Campione assisted with the program that has been implemented from middle school through high school for skills that are needed for employment, and he sits on the advisory board at the district level which gives great communication between the County and the school for the programs because the students coming from those will be their employees one day. He noted that they came to the Board last September with the same issue as the impact fees, and they requested the same as option one from the presentation to allow them to bank them and set them aside to sell lots and build on the lots to sell houses. He requested that the Board expedite that to help them continue building.
Ms. Carol MacLeod, Chief Financial Officer for Lake County Schools, spoke regarding the impact fees and requested that they go back before the School Board and Capital Facilities Advisory Committee (CFAC) when they address the impact fees ordinances, because the Board made it very clear in the past on the banking of credits that someone who prepaid the impact fee could use it later. She stated that the School Board is now looking at impact fees that could have been paid on lots many years ago, and those dollars have been spent. She advised that if they follow the recommendations of the staff.
Mr. George Hansford, Prominent Construction, spoke in favor of the banking of the prepaid impact fees, stating that he has several lots in different neighborhoods. He indicated that he would like to put the exemptions in a bank, and when he needs to build a house on a lot, take the one lot out and put it in lot-for-lot.
Commr. Campione stated that she was confused on the two options, where one would give a credit, and the dollar amount would go into the bank to draw on it at current rates. She commented that she is surprised to hear that builders would want option one, when two would be better for them. She opined that there may be some confusion with the options in the presentation.
Commr. Cadwell suggested that they pick an option to advertise and state what is coming forward so there is no time lapse before going to the School Board and CFAC, but start the process before taking it back to them for input.
Commr. Campione stated that option two would be where you pull a building permit, see that they have already paid, and what they get in return is a draw down on your bank account for the amount of the impact fee today, so there would be a surplus until the fees go back up and line up, in order to get the benefit of the fee already paid.
Commr. Cadwell commented that for planning purposes the dollar amount for what the voucher is worth has already been used by the School Board in their figures.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved to draft a new ordinance to allow for a limited time of banking of prepayments to convert to exemptions, go to CFAC in the interim and bring it back to the Board.
Tenant users liability insurance protection program
Ms. Nadine Ohlinger gave a presentation regarding an overview of Tenant Users Liability Insurance Protection (T.U.L.I.P.) program to request implementation. She stated that the County allows individuals, vendors and groups to have events on County-owned property, and depending on the nature of the event, the facility user is required to have General Liability coverage to protect the public as well as the County in the event that a claim is filed. She advised that the T.U.L.I.P. program is a general liability policy in which the Master Policy is written in the Facility Owner’s name (Lake County) and the facility user would have an individual policy and be the named insured. She commented that by implementing the program, the County will enhance its level of customer service by making it easier and convenient for facility users to obtain General Liability coverage that is acceptable to the County at an affordable cost. She explained that the benefits were an ease of use, convenience for the facility user, affordable coverage for the facility user, protection for the County as additional insured, the fact that the policy is designed to meet the County’s specific insurance requirements, and coverage including host liquor liability and possible auto liability and primary liquor liability for an additional premium.
Ms. Ohlinger explained that the County’s risk insurance broker, Brown & Brown, will assist in obtaining the coverage, and initially Lake County would complete an application and submit a working deposit premium of $2,000, which would be the maximum cost to the County. However, there should be no cost to the County so long as sufficient people use the program, the Department in charge of the County facility communicates the TULIP program with the facility user, and have them complete an application and collect the applicable premium as stated on the insurer’s schedule of rates, based on number of participants and hazards. She specified that the premiums charged to users would range from a minimum of $100 for low, non-sporting events such as an art show or birthday party for 1-100 attendees to $115 for medium, non-sporting events such as a trade show for 1-100 attendees, and $155 for moderate, outdoor festivals for 1-100 attendees, and the schedule of rates will be issued at the time of implementation and incorporated in the fee schedule effective October 1, 2014.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the implementation of the T.U.L.I.P. program.
Alcoholic beverages in county-owned facilities
Ms. Wendy Breeden, Public Resources Department Director, gave a presentation regarding the current practices, ordinances, and policies regarding the possession, sale, and consumption of alcoholic beverages in County-owned facilities. She noted that currently, under certain circumstances, Lake County allows alcohol to be consumed on County premises, and there are several different policies and ordinances that govern the use of alcohol in County facilities that need to be consolidated for consistency. She explained that for parks, alcohol is governed by Chapter 16, Parks and Recreation, Section 16-17 (4), Prohibited Activities; fairgrounds and other locations are governed by County Policy LCC-25, Public Meetings in County Buildings; and Libraries are governed by County Policy LCC-61, Use of Meeting Rooms in Lake County Library System Branch Libraries. She provided examples of events where use of alcohol might be permitted, such as Economic Development opportunities, concerts and events at the Fairgrounds, major sporting events at parks, the Renaissance Faire, fundraising events sponsored by Library Foundation or Friends of the Library, and BCC sponsored events.
Ms. Breeden stated that staff recommends that there be one policy to govern the possession, sale and consumption of alcoholic beverages on County property and in County-owned facilities and that they continue to prohibit the use of alcoholic beverages unless authorized under new Section 3-7, Article II, Chapter 3 of Lake County Code, which states alcohol consumption will be permitted only for BCC sponsored functions, events and functions at the Expo Center/Fairgrounds and functions at any other county facility leased or subject to use agreement where such lease or use agreement approved by the Board allows alcohol. She stated that unless an event is BCC sponsored, certain requirements must be met, such as: applicant shows proof of liability insurance, including host liquor liability; law enforcement officers required for security; any alcohol to be dispensed by person/entity with a beverage license and liquor liability insurance; and a special event permit will be required if the criteria in Code is met. She specified that the ordinances will not apply to possession of unopened containers of alcoholic beverages located inside vehicles on County property. She advised that they would like to adopt new Section 3-7, Article I, Chapter 3, amend Section 16-7 and Section 2-2, Article I, Chapter 2 “Public Participation;” repeal County Policy LCC-25 “Public Meetings in County Buildings” where item (e) “Signs at Public Meetings” has been added to include wording from the cancelled policy; and amend LCC-61 regarding use of County branch library meeting rooms.
Commr. Campione inquired as to the extra liability and whether it would come out of T.U.L.I.P.
Ms. Breeden stated it would.
Commr. Sullivan stated that it appears that there are three different sections of codes set in three different ways, and they are trying to consolidate them to come up with a manageable policy.
Commr. Conner expressed his concern for having alcohol at the libraries due to the possibility of children being present.
Ms. Breeden stated that an example would be when a library served wine and cheese at a reception to celebrate an event after hours.
Commr. Campione stated that the reason they have to have someone dispense the alcohol is that there is a need to have a trained, responsible individual to comply with the laws.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board voted approval to advertise a public hearing to adopt ordinances creating Section 3-7, Lake County Code, and amending Section 16-17, Lake County Code and approval to advertise a public hearing to adopt ordinance amending Section 2-2, Lake County Code, and repealing Lake County Policy LCC-25, upon adoption of ordinance.
Leesburg fire service update
Mr. John Jolliff, Public Safety Director gave a presentation on the Leesburg Fire Service analysis. He recapped that on March 18, the Leesburg City Manager sent an email to the County Manager requesting the County to consider the feasibility of a merger, and the BCC discussed the issue on March 25 and asked staff to work with the City and to bring back the analysis prior to transmittal. He explained that the City of Leesburg Fire Department currently has 58 firefighters, six fire apparatus vehicles, four fire stations, and three-person crews on 24 hours a day with a FY 14 budget of $6 million. He noted that there were meetings with the City of Leesburg on April 23 and May 23, and the City Manager asked the cost of the existing City level of service and the cost for the County level of service. He pointed out that to provide the existing City level of service there would be no administrative staffing, but they would keep 51 personnel, eliminate the Engineer title, keep all four stations open, staff five trucks, and provide Advanced Life Support (ALS) for $5 million. He explained that to provide the County level of service, there would be 36 personnel, two stations with two firefighters, and two stations with three firefighters, as well as three Battalion Chiefs, three overhires, no Engineer title, keep all four open, staff five trucks, and they would provide ALS at a cost of $3.9 million.
Mr. Steve Koontz, Director of Fiscal and Administrative Services, stated that they were doing their due diligence on how to fund the merger, and currently the City of Leesburg funds their fire service out of a general fund, so one option would be to contract with them for whatever level of service Leesburg would want and have them write a check for that service. He noted that the next option would be to extend Lake County funding structure into the City of Leesburg, and based on the .322 mills that the County currently has, which generate approximately $360,000, the fire assessment with the properties in Leesburg could generate $3 million with a total estimated funding generated of $3.2 million available. He explained that depending on the service the City of Leesburg decides on, they may have to make up the difference, or they could also do a combination of options one and two per City direction.
Mr. Jolliff stated that the transition considerations are costs, personnel issues, facilities, equipment, impact fees, reporting changes and timing and schedules. He reported that the next steps would be to transmit costs to the City of Leesburg and begin negotiations, if accepted by the City.
Commr. Cadwell clarified that the level of service for the dollars suggested is for the same level of service that the County currently has in any urban areas. He expressed concern about Leesburg being in the countywide system, because Leesburg has never contributed to impact fees in the past, which will necessitate in-depth discussions with the City. He commented that he didn’t want to give them a greater level of service than what the rest of the County is already receiving. He inquired as to whether there was a statute or something in place that required the County to pick up the service for them if Leesburg decides not to have fire service any longer.
Ms. Melanie Marsh, Deputy County Attorney, stated that they are not aware at this time, but will research it.
Mr. David Heath, County Manager, advised that they wanted to at least address this so that the City of Leesburg could be provided with the baseline information in order to make a decision, and more details can be provided later if Leesburg agreed to go ahead with it.
Commr. Sullivan commented that he is not aware of Leesburg’s union negotiations regarding changing employers and those kinds of things at that level. He stated that any time they can coordinate services and provide benefits that are efficient or more efficient, it is a good idea, and he suggests that they transmit this to Leesburg. He mentioned that there are a lot of details to work out, but it seems that there is a lot of redundancy in Leesburg that could be made more cost efficient.
Commr. Cadwell inquired about how adding a city would affect the base of the impact fee that they would be able to collect.
Mr. Heath stated that there are several counties that have absorbed their municipal fire departments, and the County Attorney’s Office obtained copies of their interlocal agreements in order to identify issues that they may have come across.
Commr. Conner stated that there were two levels of service in the presentation and expressed concern about a possible unequal level of service between the County and Leesburg.
Mr. Heath responded that Leesburg would be contracting with the County, and they would be choosing to pay more for a higher level of service.
Commr. Sullivan stated that the level of service the County operates on is option two in the presentation. He opined that the only way to do this and move forward is to go with the level of service the County already provides.
Commr. Cadwell stated that if Leesburg wanted a higher level of service, then they would have to pay the difference for that level; otherwise they will receive the same level as the County service.
Commr. Parks commented that they will still receive a $500,000 savings for the same level of service that they currently provide in the County, and how it is handled in different cities would be on an individual case by case basis.
Commr. Conner inquired as to whether Leesburg asked for a price for a lower level of service.
Mr. Heath answered that Leesburg asked to replicate costs associate with their level of service, and when they started crunching numbers, it was evident that revenues that would be obtained from Leesburg if they impose millage and special assessment was not going to be close. He stated he spoke with the Leesburg City Manager, who requested the cost for a County level of service as well.
Commr. Campione opined that the need would depend on how dense the area is, with an urbanized area requiring more service than an unincorporated.
Commr. Cadwell stated he wanted to make sure that what is being proposed is the same type of service in the same types of areas.
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved transmittal of costs to the City of Leesburg and to continue negotiations.
CR 466A Project agreement
Mr. Fred Schneider, Public Works Engineering Division Director, gave a presentation regarding an agreement to the BCC with The Villages to construct a portion of CR 466A in Fruitland Park. He explained that the CR 466A project has been planned and programmed for over 10 years, the PD&E study was completed in November 2004 by the City of Fruitland Park and approved by the Board, and the final design has been completed. He noted that Right of Way acquisition is near complete on Phase 2 in The Villages project area and continuing on Phases 1 and 3, and Lake County has expended a total of $6.4 million on the project to date with an additional $1.72 million remaining in the impact fee account for the project. He reported that for FY 14, FDOT has agreed to fund a $4.35 million match for the $8.7 million TRIP fund for right-of-way expenses and purchases under an agreement with Lake County for phases 1 and 3, and they are submitting dollars they are spending now to FDOT for reimbursements. He mentioned that there is a pending agreement for The Villages plan to begin construction of the westerly segment along their property beginning this July. He noted that Lake County will bid and construct the east segment of Phase 1 in FY 15, depending on how all of these dollars work through the system with right of way purchases and reimbursements from FDOT. He pointed out that the Florida Legislature, with the assistance of Senator Hays, has appropriated $1 million towards the CR 466A project which has recently been signed by Governor Scott. He indicated that in FY 17, FDOT will fund a $5 million TRIP with a $2.5 million match towards construction of Phase 1 on the east end, so they would ask for an advanced reimbursement from FDOT so that the money can be spent immediately without an agreement to be reimbursed in FY 17, even though they have to upfront the dollars. He displayed two maps regarding the three phases of construction for CR 466A and a close up of Phase 2.
Mr. Schneider stated that an agreement with the Villages would allow them to build the first 1.4 miles of the western segment of CR 466A at a cost of approximately $7.1 million, with the Villages upfronting the cost, and in return they would receive Transportation Impact Fee Credits for the construction costs less any improvements that they may want. He explained that the project would be constructed as a four-lane urban roadway with a grass median, bike lanes and sidewalks. He mentioned that the County expects to collect approximately $364,000 of road impact fees based on the 2,000 homes that they intend on building, and they would be holding over $6 million in credits to be used when they could sell the property.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Transportation Impact Fee Credit Agreement with the Villages for the construction of a 1.4 mile segment of CR 466A from the Lake-Sumter County line to east of Timber Top Lane at an estimated cost of $7.1 million.
Commr. Campione inquired as to how long the credits stay out there.
Mr. Schneider answered that they stay indefinitely and the current fee is discounted 85 percent.
Lake county arts and cultural alliance
On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved the appointment of Keith Mullins, City of Clermont representative, and Diane Merchant, City of Minneola representative, to serve two-year terms beginning 7/31/2014; and Laura K. Wright, City of Umatilla representative, to serve a one-year term beginning 7/31/2014 as members to the Lake County Arts and Cultural Alliance, with Ms. Amy Painter’s name being pulled due to residency reasons.
Board of directors of Lake EMS
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved Commr. Conner, Chairman, to send a letter to the League of Cities and the three hospitals in Lake County asking for nominations for the Lake EMS Board.
Submital of NACo 2014 Credentials
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved to complete and submit the NACo 2014 Credentials (Voting) Form naming Commr. Cadwell as Lake County's Designated County Delegate and County Alternate authorized to pick up and cast the County's votes.
Request for community meeting
Commr. Parks requested that a staff-led community meeting regarding the proposed Doughtery Amendment per the Code at the Clermont Community Center in July before the proposed public hearing date of July 22.
Commr. Cadwell commented that the meetings are advertised, and they take minutes, but it is a District Commissioner that can ask for that in their District.
Commr. Conner pointed out that it is not a Commission Meeting, and other Commissioners may choose not to attend.
Commr. Parks advised that it is staff led and will be advertised so that other Commissioners can attend if they choose.
Commr. Sullivan inquired whether there was enough time to have the meeting before the public hearing, and he opined that there is a need for the community meeting due to what the corridor can and cannot do.
Mr. Heath advised that the applicant utilized their free continuance to postpone the public hearing.
Commr. Sullivan voiced his concern with having the community meeting before the public hearing, since they will be cramming a bunch of work into a very short period of time and they may not get the product that they want. He recommended having the community meeting in July and pushing the quasi-judicial decision on it back to sometime in August or September.
Mr. Heath advised that since this is a quasi-legislative, the Board can push it back to July or August and then have the public hearing in September to allow for more time.
Ms. Marsh advised that due to it being legislative, the Board can postpone the public hearing to a later date without jeopardizing the applicants rights by doing so.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved to allow a community meeting be held before the public hearing for the Doughtery Amendment.
On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved a motion to move the public hearing for the Doughtery Amendment to September 23, 2014.
Commr. Parks stated that the community meeting is to benefit the citizens, and having a little more time will give time to provide input.
Clarification of minutes
On a motion by Commr. Campione, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board voted to approve the clarification of the August 13, 2013 BCC meeting minutes where Commr. Campione requested a highlighted area be replaced with a verbatim text.
Reports – commissioner parks – district 2
Commr. Parks complimented Elisha Pappacoda for putting out a press release honoring Lake County Supervisor of Elections, Emogene Stegall, for 50 years of service.
Clermont arts and recreation center
Commr. Parks commented that the Clermont Arts and Recreation Center had their grand opening on June 6, 2014, and hundreds of people took a tour of the facility. He noted that it is the largest indoor meeting space in Lake County.
Cr 455 and 561-A
Commr. Parks noted that the CR 455 and 561-A issue with Indian River Trucking that was carrying water from Niagara was resolved by them changing their route. He stated that there is still an issue with speeding on CR 455 where the trucks have to go to the Spring of Life to fill up their water, and he will be working with Mr. Jim Stivender on a speed study in that area.
Reports – commissioner campione – district 4
west central florida chairs coordinating committee
Commr. Campione stated that on Friday, June 13, she was planning on attending the Central Florida MPO Alliance and joint meeting of the West Central Florida Chairs Coordinating Committee in Polk County at the Polk State Corporate College Advanced Technology Center.
congress of regional leaders
Commr. Campione noted that on Friday, June 20, she would be attending the Congress of Regional Leaders at MetroPlan.
Career source and workforce consortium
Commr. Campione indicated that she would be attending the Career Source and Workforce Consortium for a joint meeting between the consortium and the career source board on Friday, June 20.
reports – commissioner cadwell – district 5
Hickory point ribbon cutting
Commr. Cadwell stated that the ribbon cutting for Hickory Point will be July 5.
Babe ruth girls softball tournament
Commr. Cadwell commented that North Lake Park hosted the District 6 Babe Ruth Girls Softball Tournament on June 6-8.
REPORTS – COMMISSIONER conner – CHAIRMAN AND DISTRICT 3
School board letters
Commr. Conner stated that he received two letters from the School Board, one confirming that they were not funding courtesy busing for the following year, which was a decision made last year, and he will be sending a letter confirming that. He indicated the second letter was regarding a meeting on impact fees. He suggested that the School Board bring a formal recommendation to the Board if they would like.
United way reception
Commr. Conner noted that he attended the United Way reception on Tuesday, June 3.
Orlando metro edc
Commr. Conner indicated that he attended the Orlando Metro Economic Development Commission (EDC) with Mr. Robert Chandler in Osceola County.
tavares middle school
Commr. Conner mentioned that he was honored to be the guest speaker at Tavares Middle School A/B Honor Roll the week prior.
Letter from lobbyists
Commr. Conner pointed out that he received a letter from the lobbyists, and he and Commr. Cadwell will possibly be traveling to Washington D.C. sometime in July, at the request of Mr. Maurice Kurland.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:14 p.m.
jimmy conner, chairman
NEIL KELLY, CLERK