A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

June 19, 2018

The Lake County Board of County Commissioners met in regular session on Tuesday, June 19, 2018 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:  Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Wendy Breeden; and Josh Blake. Others present were:  Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; JoAnne Drury, Accounting Director, County Finance; and Josh Pearson, Administrative Specialist, Board Support.

INVOCATION and pledge

Executive Pastor Joshua Paynter from Liberty Baptist Church in the City of Tavares gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, stated that since the agenda was first published, staff added item six under the Clerk of Courts’ consent agenda.  He said that the recommended action on Tab 8 was revised to give the County Manager the authority to change the Employee Medical Flexible Spending Account limits consistent with Internal Revenue Service (IRS) changes to limits, and the recommended actions for Tabs 20 and 25 were also revised to ensure clarity.

Minutes approval

On a motion by Commr. Breeden, seconded by Commr. Blake, and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 26, 2018 (Special Meeting) as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Breeden, seconded by Commr. Campione and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 6, 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.

City of Groveland Ordinance 2018-01-01

Request to acknowledge receipt from the City of Groveland Ordinance 2018-01-01, Comprehensive Plan Amendment, LaViance Property Acquisition, LLC.

Founders Ridge Community Development District Proposed Budget for FY19

Request to acknowledge receipt of the Founders Ridge Community Development District Proposed Budget for Fiscal Year 2019 in accordance with Section 190.008(2)(b) of the Florida Statutes for purposes of disclosure and information only.

Intergovernmental Cooperative Agreement

Request to acknowledge receipt of an Intergovernmental Cooperative Agreement for the City of Eustis, Town of Lady Lake, City of Tavares and City of Umatilla, together with an Affidavit of Authenticity, for the purpose of providing insurance through Public Risk Management of Florida Health Trust, in compliance with Florida Statute Section 163.01, the Florida Interlocal Cooperation Act of 1969.

Country Greens Proposed Operating Budget for FY19

Request to acknowledge receipt of the Proposed Operating Budget for Fiscal Year 2019 for Country Greens Community Development District in accordance with Chapter 190.008(2)(b) of the Florida Statutes for purposes of disclosure and information only.

Clerk of Court Inspector General Report

Request acknowledgement of Lake County Clerk of Court, Inspector General Report BCC-161 Unannounced Audit of Cash Funds – Board of County Commissioners.

citizen question and comment period

Mr. Vance Jochim, a Tavares resident who writes a blog about local government issues, recalled that in a previous meeting, he had opined that there was a need for better metrics and comparisons for prior budget periods.  He said that the State of Ohio has a requirement that every county have on their websites a dashboard system that enables citizens to view current budgets along with prior budget periods and opined that there was other software being used elsewhere that is more sophisticated than what was currently being used in Florida.  He mentioned that during the upcoming budget presentation from the Lake County Sheriff’s Office, the Board of County Commissioners (BCC) should formally request a yearly rolling performance audit for that agency.  He opined that there had never been a performance audit of the Sheriff’s budget, which was currently over $60 million, and he said that both the County and the Lake County School District have audits. 

PROCLAMATION 2018-65 HONORING Mr. NEIL KELLY

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved Proclamation 2018-65 honoring Lake County Clerk of the Court, Neil Kelly.

Mr. Neil Kelly, Clerk of Court, thanked his family and expressed gratitude for his nearly 31 years in the Clerk’s Office and his 11 years of serving as Clerk of Court.  He also thanked the Clerk’s Office employees, commenting that he believes that the Clerk’s Office is a family.  He said that his position is all about what is best for the public, he expressed that it had been a privilege to serve along with the BCC, and he thanked the Board for the honor and recognition.

Commr. Sullivan said that the BCC appreciated his demeanor and the professionalism with which he approached his position.  He remarked that the time Mr. Kelly spent in a public position was an honor for the others that served with him.  He expressed that Mr. Kelly saw many changes in the BCC over his years of experience.

Mr. Kelly said that he did not regret one second of the past 31 years, and it had been a true blessing to meet and work with such wonderful people.

Commr. Parks thanked Mr. Kelly for his great service to the county.  He recalled that Mr. Kelly had been very open to discussions and answering questions, and he mentioned the duties that the Clerk’s Office performs and how the Clerk of Courts shares in the balance of power at the county level with the audits.  He thanked Mr. Kelly again for his service and wished him the best in the coming years.

Commr. Campione also thanked Mr. Kelly and said he put a lot into the job and that he was a true public servant.  She recalled that after she took office, she spent time with him during the orientation and she received a significant education due to his information about the functions of the Clerk’s Office and its interactions with the BCC; additionally, she remarked that the Clerk’s Office provides checks and balances and serves an important role for the taxpayers.  She said that the meeting was educational and that it revealed the professionalism of the Clerk’s Office staff.

Commr. Breeden stated that she had known Mr. Kelly for a significant period of time and had worked with him on both sides of the dais, and said that he had always been kind and professional.  She thanked him for his service and commented that even though he was leaving, his professionalism, leadership, and the way that he had worked with others would leave the Clerk’s Office in good stead.

Commr. Blake echoed the BCC’s gratitude and said that Mr. Kelly was always helpful.  He commented that Mr. Kelly had always taken his calls and answered questions, and he wished him all the best.

Commr. Sullivan read and presented Proclamation 2018-65 to Mr. Kelly.

recess and reassembly

Commr. Sullivan called a recess at 9:22 a.m. for Mr. Kelly’s reception and the meeting reconvened at 10:06 a.m.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Sullivan said that the change made to Tab 8 was to conform to IRS regulations to avoid having to bring the item back annually.

Mr. Cole said that it would give him the authorization to make the change for employees when the IRS makes changes.

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 21, as follows:

PROCLAMATIONS

Request approval of Proclamation 2018-66 designating July 2018 as Parks and Recreation Month. There is no fiscal impact.

Request approval of Proclamation 2018-67 honoring the 2017 Teacher of the Year recipient Tammy Ross Jerkins, per Commissioner Breeden.

HUMAN RESOURCES AND RISK MANAGEMENT

Request approval to award Contract 18-0011 to Brown & Brown of Florida, Inc. (Leesburg), to provide a broker for risk insurance services. The estimated annual fiscal impact is $55,000.00 (expenditure).

Request approval to access an Orange County Public Schools (OCPS) contract with Total Administrative Services Corporation (Madison, WI), to provide for various Benefit Administrative Services for employees, and authorization for the Office of Procurement Services to complete all implementing documentation. The estimated annual fiscal impact is $25,000.00 (expenditure).

Request approval of Resolution 2018-68 adopting changes to the Section 125 Plan for employee Medical Flexible Spending Accounts, increasing the limits from $2,600.00 per year to $2,650.00 per year, as established by the Internal Revenue Service (IRS), with an effective date of October 1, 2018, and authorize the County Manager to adjust future limits to align with any changes to the IRS-established limits.

PUBLIC SAFETY AND COMPLIANCE

Public Safety

Request approval to:

1. Accept and execute the FY18-19 Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement; and

2. Receive the EMPA Trust Fund Base Grant Agreement from the State of Florida, Division of Emergency Management, in the amount of $105,806.00; and

3. Authorize the County Manager to execute future amendments/modifications that do not involve financial impact; and

4. Authorize the County Manager to approve related budget transfers; and

5. Authorize the Emergency Manager to execute the certification required under Section 9B of the Emergency Management Performance Grant and Emergency Management Preparedness and Assistance Trust Fund Base Grant, and to execute this certification for any other future emergency management grants received by the County. 

The fiscal impact is $105,806.00 (revenue).

Request approval to award Contract 18-0701 to Fisher Scientific, LLC (Pittsburgh, PA) to provide self-contained breathing apparatus bottles used by Lake County Fire Rescue, and authorize the Office of Procurement Services to execute all supporting documentation. The five-year fiscal impact is $160,570.00, which includes $31,720.00 for fiscal year 2017-2018 (expenditure). 

Request approval of a Second Amendment to the License Agreement with American Tower, L.P. (Daytona Beach, FL), for the Countywide Radio System tower site at Orange Mountain, located in Clermont. The annual fiscal impact is $5,288.97 (expenditure). Commission District 2.

Request approval of a budget transfer to move necessary Fire Rescue repair/maintenance funds into a capital account for the funding of driveway renovations at Fire Station 70 (Fire Training Facility) located in Leesburg. The fiscal impact is $64,200.00 (expenditure). Commission District 3.

INFRASTRUCTURE AND INTERNAL SUPPORT SERVICES

Procurement Services

Request approval to award Contract 18-0208A to Ardaman & Associates (Orlando, FL), Contract 18-0208B to CTL Laboratory (Leesburg, FL), and Contract 18-0208C to Tierra Inc. (Winter Garden, FL) for on-call geotechnical engineering services to be used by various County departments/offices. The estimated annual fiscal impact is $30,000.00 (expenditure).

Request approval to declare the items on the list as surplus, authorize their removal from the County's official fixed asset inventory system records and authorization for the Office of Procurement Services to execute any required title documents. The fiscal impact cannot be determined at this time (revenue).

Public Works

Request approval to utilize the services of Mettler-Toledo, LLC (Columbus, OH) as needed to repair two scale systems operated by the Environmental Services Division in support of landfill operations, and authorization for the Office of Procurement Services to issue purchase orders to the manufacturer for related goods and services as required. The fiscal impact cannot be determined at this time. 

Request approval:

1. To award the Citrus Grove Road Phase I, Project No. 2018-01, Bid No. 18-0009, FPN 435541-1-54-01, in the City of Minneola, to C.W. Roberts Contracting, Inc. (Wildwood, FL) for $5,745,588.42; and

2. To encumber and expend the $5,745,588.42 to C.W. Roberts Contracting, Inc. from the South Transportation Benefit District Fund ($3,921,232.53), the Federal/State Grants Fund ($1,500,000.00), and the County Transportation Trust Fund ($324,355.89); and

3. Of Resolution 2018-69 amending the County Transportation Trust Fund to receive unanticipated revenue for Fiscal Year 2018 of $324,356.00 from the City of Minneola for the utility portion of the project.

The fiscal impact is $5,745,588.42 (expenditure). Commission District 2.

Request approval to accept a performance bond of $1,087,420.51 associated with Right-of-Way Utilization Permit #7529 issued to construct drainage improvements, sidewalks, and a bike trail for The Reserve at Minneola (Phases 4A and 4B), a subdivision in Minneola. The fiscal impact is $100.00 (revenue – permit application fee). Commission District 2.

Request approval to accept the final plat for Royal Highlands Phase 2-B Replat of Lot 1427 located in Leesburg, and all areas dedicated to the public as shown on the Royal Highlands Phase 2-B Replat of Lot 1427 final plat. The fiscal impact is $1,551.00 (revenue – final plat application fee).  Commission District 3.

COMMUNITY AND TECHNICAL SUPPORT SERVICE

Community Services

Request approval to accept less than the full amount owed on two State Housing Initiative Partnership (SHIP) mortgages and notes given to Betty Bump and on a prorated basis, based on the number of years remaining in the term on the SHIP mortgage and note. This request includes approval to cancel two SHIP mortgages and release the notes executed by Betty Bump on October 2, 2008, and recorded at O.R. Book 3692, Page 930 for $145,174.51 and O.R. Book 3692, Page 959 for $12,825.49, upon receipt of the prorated amount. The estimated fiscal impact is approximately $98,481.00 (revenue).

Request approval:

1. To provide $450,000.00 to Shepard's Village Community, Inc., located in Leesburg, from the State Housing Initiative Partnership (SHIP) program from funding years Fiscal Year (FY) 2016 and FY 2017 to be used for the development of an affordable housing community, contingent upon review of necessary closing/transfer documents by the County Attorney and secured through a mortgage, promissory note, and recapture agreement; and

2. For the County Manager to execute any necessary closing/transfer documents. 

The fiscal impact is $450,000.00 (expenditure – SHIP funding). Commission District 3.

Parks and Trails

Request approval to award Contract 18-0921 for improvements at Marsh Park & Boat Ramp to Estep Construction, Inc. (Tavares, FL). The fiscal impact is $106,101.24 (expenditure). Commission District 4.

regular agenda

PRESENTATION – TINDALE OLIVER FIRE ASSESSMENT STUDY

Ms. Jennifer Barker, Director of the Office of Management and Budget, said that the purpose of the presentation was to update the Board on the results of the fire assessments annual study.  She stated that fire assessment is used to fund fire protection services and first response medical services, though the assessment cannot fund advanced life support (ALS) services.  She commented that the annual fire assessment study examines the utilization of fire services in six land use categories and that the assessment rates are calculated annually based on the allocation of resources and the proposed budget.  She relayed that Tindale Oliver had been tasked with updating the study annually. 

Mr. Steve Tindale, Chief Executive Officer (CEO) of Tindale Oliver, said that the County’s last update in the year 2017 included 2008-2016 incident data, used a fiscal year (FY) 2018 assessment budget, and had the addition of vacant land assessments which the County started charging in the previous year.  He commented that the current update would include ten years of incident data, updated property units such as total residential units and the amount and types of industrial and office units, and the FY 2019 assessable budget for what the County could legally charge.  He mentioned that for the last assessable budget in FY 2018, the County could legally charge approximately $20 million and the current assessable budget that the County could charge was only about two percent larger.  He indicated that there was a significant difference between what the County adopted as a policy and the assessable budget, and previously, the County could have assessed for the full $20 million, though it only assessed for approximately $18 million.  He remarked that the difference between what could be legally assessed and what was currently being assessed was about a 14 percent difference, and said that he would providing the legally assessable rates.  He indicated that there was a stable assessment factor and that the County would want to avoid significantly fluctuating assessment charges, and also that using a longer time period for the study helped create that stability.  He said that the county’s property units saw an increase in residential units, which was expected, and some non-residential units had changes in the categories of sizes.  He noted a slight difference in the number of calls for service that went to residential units when compared to other uses and explained that fewer residential calls can increase the rate for other uses if the number of those calls increase.  He specified that the study had also calculated the maximum rate for all land uses, and he stated that the calculation considered that ALS cannot legally be charged for, so ALS and non-ALS incidents were separated and maintained a consistent number.  He elaborated that the incidents were then distributed into those that are chargeable by the actual land use and then by using the assessable budget to calculate the rates for those land uses.  He displayed a chart with some of the study’s findings, reiterating that the number of ALS and non-ALS incidents were consistent, and said that the land use had shifted slightly with the uses of vacant, commercial, and institutional land gaining more demand.  He commented that the budget the BCC could adopt would be about 14 percent higher, and the property units had a minor distribution change; additionally, the vacant land increased about 12 percent and there was a shift toward non-residential incidents.  He showed a chart with the distribution of incidents for both ALS and non-ALS, noting that year after year, approximately 80 percent of the county’s calls were non-ALS.  He showed a chart with the distribution of the county’s resources by land use, noting that the number of resources going to residential land had a minor decrease due to growth in that area and a lesser number of calls per individual home.  He said that resources for the commercial and institutional land uses increased by approximately two percent and four percent, respectively, and that with the 14 percent budget change, those groups would have a slightly higher percent change and the residential land use change would be lower.  He added that for the categories with a small percent of the total distribution of resources, a small shift in resources could cause a more dramatic percent change.  He displayed another chart with the total cost allocation, commenting that residential increased 13 percent and that commercial and industrial also increased.  He noted that the percent change for agricultural appeared to be high, but pointed out that the increase went only from $0.18 million to $0.23 million.  He showed a slide with the calculated fire assessment rate schedule, noting an approximate 12 percent change for residential, an increase for commercial and institutional due to more resources being spent on those land uses, and a 12 percent increase for vacant land from $50 to $56. 

Ms. Barker said the BCC’s consideration of the fire assessment study was being requested at the current meeting, an initial fire assessment with the updated assessment rates would be presented on July 10, 2018, and a public hearing to set the final assessment rates that would be included on the tax bill would occur on September 11, 2018.

Commr. Campione said that the BCC receives studies annually to capture the year’s activity and inform the County where the calls are going and how much activity is associated with each of the land uses, noting that activity can change over time.  She opined that it is an interesting process because it considers the cost to run the program, who is actually using the services, and what it costs to provide service to those particular land uses. 

Mr. Cole stated that the studies help the county know what the assessments need to be in order to fund the program.

Commr. Breeden asked if this was a process that most counties use.

Mr. Tindale replied that his organization had a list of counties that adopted it, and said the process was a policy that could use an ad valorem tax or a user benefit assessment.  He estimated that 25 or 30 percent of counties use this process, and he mentioned that he had seen it used frequently by cities.  He specified that Palm Beach and Broward Counties, which each have around 30 cities, also have around 25 assessments of those cities.  He noted that each county has a different reason for using the process of assessment studies including counties that start to lose their ratings and do not want to increase their millage.  He commented that it is more common for counties to use assessments rather than a millage rate.

Commr. Sullivan said that there was a clear transparency with what it costs to fund the service based on the statistics received from annual studies.

Commr. Campione expressed that Lake County utilized a hybrid approach with assessments for fire service and millage for ALS service.  She opined that because the fire department provides both services, this was a fair method because it is determined by value.  She noted a perception that not basing assessments on value is unfair because it places excessive burden on citizens or businesses with lower property values, and that residences of different values would still pay the same rate.  She opined that when also using a millage, the more expensive property would be burdened on that side of the charge, and that using a hybrid approach can create a balance.

Ms. Barker opined that a hybrid program is a fair and equitable way to distribute the funding.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved acceptance of the Fire Assessment Study by Tindale Oliver.

PRESENTATION – FY 19 PROPOSED BUDGET

Ms. Barker, provided the BCC with an overview of the FY 2019 proposed budget.  She stated that the Lake County Property Appraiser provided the best estimate of property values on May 24, 2018 and included these countywide millages; the General Fund; Lake County Ambulance Municipal Service Taxing Unit (MSTU); and the Lake County Public Lands-voted debt, which reflected an increase of 9.25 percent.  She also indicated that the County Stormwater, Roads and Parks MSTU had an increase of 7.49 percent, and the County Fire Rescue MSTU increased by 7.47 percent.  She recalled that there had been 12 budget workshops with the Board, that press releases were sent out for all of the budget workshops, and that all of the presentations to date had been posted on the County website.  She listed these budget events which had occurred: an economic outlook presentation delivered by the Agency for Economic Prosperity on January 23; a Board strategies workshop on March 29; a budget presentation from the Office of Parks and Trails on April 24; budget presentations from the Offices of Code Enforcement, Building Services, Planning and Zoning, and Community and Technical Support Services on May 8; budget presentations from the Agency for Economic Prosperity, Public Safety and Compliance, and Infrastructure and Internal Support Services on May 22; and budget presentations from the Public Works Department, the Office of Human Resources and Risk Management, the Constitutional Officers’ budgets, and a presentation on property values on June 5.  She said that for the Office of Parks and Trails’ proposed budget included an approximate 11 percent decrease of about $161,000 in the funding that is transferred from the General Fund to that office; additionally, there was an overall increase of 2.15 percent over the FY 2018 budget primarily due to operational efficiencies that caused an increase in the office’s fund balance, and there was also an increase in MSTU revenue.  She stated that the Office of Building Services’ proposed budget included the funding for four additional positions that were approved in April 2018, and the office was also obtaining upgraded permitting software that was included in the budget.  She relayed that the Offices of Planning and Zoning and Code Enforcement both realized operational savings in the amount of five percent and one percent, respectively. 

Commr. Breeden pointed out that the additional positions in the Office of Building Services were paid for by the Building Services Fund.

Ms. Barker confirmed that this was correct and that building permit fees contribute to the fund.  She continued her presentation and commented that for Community and Technical Support Services, new social media management and archival tools had been included in the Office of Communications budget.  She said that there was an overall decrease of 4.3 percent in the proposed budget for the Information Technology Department mainly due to staff reorganizations and deferring some equipment replacement.  She commented that there was an increase in grant funding for the Mobile Irrigation Lab which was helping to offset General Fund expenditures for personnel costs in the coming year, and mentioned that there was an overall decrease of one percent for the Office of Library Services that was achieved by relocating some administrative staff to reduce operating costs associated with buildings.  She relayed that the Office of Community Services proposed budget included a decrease of two percent in the Health and Human Services Division budget, a 10 percent decrease in the Housing and Community Development Division budget, and a decrease of two percent in the Transit Division budget which featured funding for the transit system analysis which included ride sharing.  She indicated that the Agency for Economic Prosperity’s proposed budget included $85,000 for Wellness Way technical consulting, $150,000 for the Business Opportunity Center program, a decrease in the sponsorship level with the Orlando Economic Partnership (OEP), an increase in funding for promotional activities using the resort tax, and an overall decrease of 5.8 percent for the Office of Fairgrounds and Events Center.

Ms. Barker stated that for Public Safety and Compliance, there was an overall decrease of 0.3 percent for the Office of Animal Services primarily due to the cancellation of a pet licensing contract, there was a decrease back to the typical amount of funding for Lake and Sumter Emergency Recovery (LASER) following an increase in funding in the previous year to assist with long term Hurricane Irma recovery efforts, and there was also an approximate $56,000 savings in the General Fund from transferring the addressing function out of the Information Technology Department and into the 911 fund.  She relayed that for the Office of Fire Rescue, the proposed FY 2019 budget included these items: reclassifying three firefighters to lieutenants; upgrading 18 current emergency medical technicians (EMTs) to paramedic status; a new command vehicle; and facility improvements at Fire Rescue Station 20 in Dona Vista.  She said that there were these challenges with the Office of Fire Rescue’s FY 2019 proposed budget: the Staffing for Adequate Fire and Emergency Response (SAFER) grant for 15 firefighter positions having ended and resulting in a revenue decrease of approximately $931,000; the fund balance that is used to pay for fire suppression services having been depleted over time; and the current assessment and MSTU millage rates would not fully fund FY 2019 fire protection services.  She stated that the strategy to fund the office’s FY 2019 budget was to implement the calculated fire assessment rates as presented by Tindale Oliver, which would be a rate of $193 per residential land use.

Ms. Barker commented that the Infrastructure and Internal Support Services proposed FY 2019 budgets included an overall decrease of three percent in the Office of Facilities Management proposed budget, a decrease of three percent in the Office of Procurement Services’ proposed budget due to the reclassification of several positions, and an increase of six percent for the Office of Fleet Management resulting from projected fleet maintenance project schedules.  She relayed that for the Public Works Department’s FY 2019 proposed budget, there would be an additional $60,000 for traffic studies, an increase of $20,000 for municipal traffic signal repairs, and funding for four speed radar feedback signs; however, there was an overall decrease of 25 percent in the Environmental Services Division and $862,800 in capital was included for the Challenger Drive and Lenze Drive Municipal Service Benefit Unit (MSBU) special assessment projects.  She indicated that the Office of Human Resources and Risk Management had a five percent decrease in operating expenses in the General Fund, a five percent increase in the operating expenses in the property and casualty fund due to an increase in premiums, and a five percent decrease in the Employee Group Benefit Fund reserves; however, the reserves would continue to exceed the 60-day statutory requirement.    She commented that the Solid Waste Division’s proposed FY 19 budget included increases in the costs of disposal and consumer price index (CPI) increases for all of the hauler contracts; additionally, the budget challenges for this division included assessment rates not having changed since FY 2015 despite yearly CPI increases, and current assessment rates being unable to fund FY 2019 collection and disposal.  She displayed a graph depicting the division’s revenue and expenditure history since 2012, noting that the revenue had been relatively stable and the small increases in recent years stemmed from new construction.  She showed a slide with the 2017 annual assessment rates for surrounding counties, pointing out that Lake County was charging less than every other benchmarked county with the exception of Marion County, which only funds disposal costs.  She remarked that for the FY 2019 strategy to fully fund collection and disposal costs, staff was proposing a $20 increase to the current assessment rates. 

Ms. Barker said that the Constitutional Offices, with the exception of the Tax Collector, had submitted their proposed FY 2019 budgets and that the Tax Collector’s budget would be due by August 1, 2018.  She remarked that the Clerk of Courts had submitted a proposed budget of approximately $4.5 million, which was an increase of about $250,000 due to the office requesting some additional funding to cover the transition of emergency medical services (EMS) into County government.  She noted that the Property Appraiser submitted a budget of approximately $2.7 million, which was the General Fund portion and represented an increase of about $26,000.  She said that the Supervisor of Elections submitted a budget of about $3.1 million equating to an increase of almost $43,000, and the Sheriff submitted an approximate $74.2 million budget with an increase of around $10 million.  She elaborated that the Supervisor of Elections included three percent for employee raises in his budget submittal.  She stated that if the BCC decided to fund merit based pay increases for Board employees, then the Clerk of Courts and the Property Appraiser would come back and request additional funding for their employee raises.  She indicated that the constitutional budgets submitted did not include support services provided by the Board such as utilities, janitorial services, inmate medical care, etc.  She then noted these items regarding the General Fund: ad valorem revenues were based on the best estimate of property values provided on June 1, 2018 and indicated a 9.25 percent growth in value, with 40 percent of the growth due to new construction and the other 60 percent being related to increased values on existing homes; a status quo millage of 5.1180 mills was used; the County department and office budgets reflected an overall decrease of approximately three percent; the reserves would need to be replenished following Hurricane Irma expenditures; and currently, the funding requests exceeded revenues by $7.9 million when using a status quo millage.  She mentioned that the Property Appraiser would be providing certified property values on July 1, 2018, and she outlined these challenges for the General Fund: fund balance was continuing to decline; the Infrastructure Sales Tax was no longer available for debt service on the 2007 Downtown Governmental Complex construction due to an inability to use the new tax authorization for existing debt, which required the General Fund to cover the full debt service of $2.2 million for FY 2019; and addressing the Sheriff’s requested budget increase.  She also relayed that a future challenge for the General Fund was the potential increase to the homestead exemption, which would be on the ballot in November 2018.  She listed these unfunded requests which had been made throughout the budget process: a part-time Veterans’ Services administrative associate; capital improvements at the Trout Lake Nature Center in the amount of $100,000; school security; additional funding for road resurfacing; additional reserves to increase the reserve balance to 10 percent of the operating budget; and the Sheriff’s requested budget increase.  She then detailed these next steps to occur throughout 2018: on July 1, the County would be receiving the certified values from the Property Appraiser; on July 10, the BCC would be setting maximum millage rates and adopting assessment resolutions to be sent out in the August 2018 Truth in Millage (TRIM) notice; August 1 would be the Tax Collector’s budget due date; on August 7, there would be an Infrastructure Sales Tax Public Hearing; September 11 would include public hearings for the Fire Assessment, Solid Waste Assessment and first budget public hearing; and the final budget public hearing would occur on September 25.

Mr. Cole added later that afternoon, the BCC would be talking to the Sheriff about his budget request.  He remarked that he would also be providing a specific overview of the BCC’s budget including the Constitutional Officers’ budget requests.

Commr. Parks said that throughout the past few months, County staff advertised budget presentations for different departments and provided detailed explanations of their budgets.  He added that between those presentations, the BCC met with staff and reviewed the budgets in great detail, and said that in the previous year, the County Manager was able to find savings of approximately $1.5 million.  He indicated that the BCC was working to find savings in the current year and that this process would continue over the following two months. 

Ms. Barker said that the savings to the General Fund was three percent or about $1.3 million, and relayed that across the previous two fiscal years, the County had found approximately $3 million in efficiencies and savings.

Mr. Cole added that those efficiencies were directly related to the County’s side of the General Fund expenses, such as its departments and offices. 

Commr. Sullivan remarked that unfunded requests should be kept in mind, noting the Sheriff’s budget, road resurfacing and school security.  He also said that a part time Veteran’s Services administrative associate would be helpful in keeping up with the demand for services, since the ratio of veterans in Lake County is higher when compared to surrounding counties.

PUBLIC HEARING – CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Commr. Sullivan said that this certificate would allow the Office of EMS to legally operate with the hospitals, service their needs, and receive reimbursements. 

Mr. Cole stated that this item was related to the transition of Lake EMS into the County organization and that there would be further items to help complete the transition.

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. Parks, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the issuance of a Certificate of Public Convenience and Necessity (COPCN) for the Office of Emergency Medical Services through June 30, 2020.

PUBLIC HEARING – SCHOOL SAFETY TAX ORDINANCE 2018-27

Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:

AN ORDINANCE OF LAKE COUNTY, FLORIDA, PROVIDING FOR THE LEVY OF AN ADDITIONAL ONE (1) MILL SCHOOL DISTRICT AD VALOREM MILLAGE TAX IN LAKE COUNTY FOR SCHOOL SAFETY, SECURITY AND MENTAL HEALTH SERVICES; PROVIDING FOR APPROVAL OF THE LEVY BY VOTERS IN A REFERENDUM; PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE BEGINNING IN 2019 AND ENDING FOUR (4) YEARS THEREAFTER PURSUANT TO SECTION 1011.71(9), FLORIDA STATUTES; PROVIDING FOR THE REFERENDUM TO BE HELD ON AUGUST 28, 2018; PROVIDING BALLOT LANGUAGE; PROVIDING FOR NOTICE OF THE ELECTION; PROVIDING FOR NOTIFICATION TO THE STATE OF FLORIDA, DEPARTMENT OF REVENUE; AUTHORIZING EXPENDITURES FOR INFORMING THE PUBLIC; PROVIDING A CONFLICT CLAUSE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

Ms. Marsh added that the ordinance was originally advertised as an additional one mill; however, the Lake County School Board had a later meeting where a three-quarters mill was approved, and the ballot language in the ordinance would reflect what the School Board approved.  She elaborated that the BCC also had a resolution approved by the School Board that requested placing the item on the ballot and that set the ballot language.  She said that the School Board does not have the ability to put the item on the ballot and that the request comes through the BCC as a ministerial function.  She stated that the BCC did not have the option to vote the item down, and the statute reads that the School Board is to direct the BCC to put the item on the ballot. 

Commr. Breeden asked if her office verified that the ballot language was accurate.

Ms. Marsh replied that her office reviewed the ballot language for purposes of complying with the election’s requirements for ballots and that it met the wording limitations.  She elaborated that the Supervisor of Elections also reviewed the ballot and confirmed that it met the requirement of 15 words for the title, did not exceed 75 words for the question, and the ballot language read “Yes” and “No”.

The Chairman opened the public hearing.

Mr. Jochim said that he had attended Lake County School Board meetings where this item was discussed and noted they ensured that the wording described what the funding could be used for. 

Commr. Campione stated that the School Board voted 3-2 to proceed with the guardian program to the extent that they would have participants who could undergo training and pass the test.  She asked if the School Board was clear about using the millage to fund a sworn officer in each of the schools.

Mr. Jochim replied that providing a sworn officer in each school was one of the School Board’s goals, though remarked there was inadequate funding.  He opined that the Superintendent of Lake County Schools would follow the law of requiring school safety personnel and that the guardian program was an alternative to funding sworn officers. 

There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.

Commr. Campione stated that the state provided some funding for certain requirements of the act, but only for one budget cycle.  She noted that the Lake County School Board would be lacking resources in the first year of the act, that they would not have a continuing revenue stream thereafter, and that they would have to appeal to voters to pass the new funding on a referendum.  She expressed support for the School Board voting in favor of using the guardian program in conjunction with sworn officers at schools.  She reiterated that the BCC could not deny the ordinance and that it would be required to move forward to voters, and she commented that the School Board would have to communicate how the funding would be utilized. 

Commr. Sullivan mentioned that the Lake County Sheriff’s Office already provides school resource officers, along with the City of Mount Dora, in all of the middle and high schools in the county.  He noted that the Sheriff’s budget comes through the BCC, so the county had already been participating in school safety for many years.

Ms. Marsh asked the Chairman to read the revised requested action before entertaining a motion for the approval of the ordinance.

 On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Ordinance 2018-27 to place a referendum on the ballot for the August 2018 primary election for the electors within the Lake County School District to vote on the approval of an additional three-quarter (0.75) mill of ad valorem millage pursuant to Section 1011.73(2) of the Florida Statutes.

APPOINTMENT TO THE CHILDREN’S SERVICES COUNCIL

Commr. Breeden said that there were two seats open on the Children’s Services Council, and that Ms. Debora Haring from District 1 was the only applicant for the District 2 seat, though Ms. Haring had an address in the City of Clermont.  She then stated that these applicants for the District 4 seat resided in District 3: Ms. Cassandra Brown, who was also the only applicant for the Water Safety Advisory Committee in Tab 27; Ms. Shay-Anne Razaire with Forward Paths Foundation; and Ms. Katherine Cressman.  She elaborated that Ms. Brown and Ms. Razaire would require waivers of potential ethical conflicts.  She expressed concerns about the conflicts of interest due to the Children’s Services Council receiving funding from County programs, and recommended either delaying the appointment to this seat or appointing Ms. Cressman.

Commr. Campione asked if Ms. Cressman would require a waiver, and Commissioner Breeden confirmed that no waiver would be required.  Commr. Campione also noted that this Board was awarding grants to organizations and that these applicants were close to the different programs in the community.  She stated that the applicants could still participate without sitting on the Board and opined that this would be a better approach to their involvement.  She recommended only appointing an individual to the District 2 seat.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Debora Haring as a District 2 representative on the Children's Services Council to complete a two-year term ending May 14, 2019.

APPOINTMENT TO THE WATER SAFETY ADVISORY COMMITTEE

Commr. Parks said that this Board was different than the Children’s Services Council because it did not distribute funding.  He relayed that the applicant’s potential ethical conflict would be waived.

On a motion by Commr. Parks, seconded by Commr. Breeden and carried by a vote of 5-0, the Board unanimously approved the appointment of Ms. Cassandra Brown, as a citizen representative, to the Water Safety Advisory Board to serve a two-year term beginning June 19, 2018; and approved a waiver of potential ethical conflict for Ms. Cassandra Brown.

reports

county attorney

TRUCK TRAFFIC on LAKE NORRIS ROAD

Ms. Marsh provided an update on the Lake Norris Road issue about truck traffic near a St. Johns River Water Management District (SJRWMD) property.  She stated that she spoke with the general council for the SJRWMD on the previous day and although they did approve in April 2018 for the contractor to use Lake Norris Road, there would be many steps that the contractor would have to follow in order to utilize the road.  She specified that one step was to gain approval from the Florida Department of Environmental Protection (DEP) to improve the existing two tire lane dirt road and small bridge that run through the property in order to support the truck traffic.  She added that the contractor would also have to coordinate with the Lake County Water Authority since the property is used for recreational events and activities.  She commented that from the County’s perspective, the contractor would also need a commercial driveway connection permit because the dirt road connected to Lake Norris Road at a curve, and from a transportation engineering perspective, it was not recommended that the dirt road connect at that location.  She indicated that the SJRWMD would not necessarily be opposed to acceleration lanes, a bond, or developer’s agreement if the County wanted to require those.  She reiterated that several events would need to occur before the hauling could go through that property and onto Lake Norris Road.

Commr. Campione mentioned that she met Ms. Susan Davis from the SJRWMD and also spoke to residents on Lake Norris Road.  She commented that in the past, there was a 10 year agreement in place for the reserves left over from the mining operations to be removed during that period with trucks using Hart Ranch Road and County Road (C.R.) 44A.  She expressed that the truck traffic affected the Rafiki Foundation on C.R. 44A, a nearby bible camp, the Hart Ranch property on the road, and nearby property owners.  She relayed that those groups had become vocal about the trucks, and said that in 2012 when the 10 year agreement was to be renewed, the SJRWMD Board decided not to renew it, nor allow Hart Ranch Road to be utilized for that purpose.  She stated that later, a similar company went to the SJRWMD, which suggested that Lake Norris Road should be used.  She remarked that the SJRWMD took the restrictions that the County had placed on Hart Ranch Road regarding hours of operation, the speed limit, using speed bumps and rumble strips, etc., and moved them to Lake Norris Road.  She reiterated that many citizens on Lake Norris Road did not want it to be used for that purpose, and she added that the road was narrow, winding, and adjacent to significant wildlife.  She explained that Hart Ranch Road was a straight and wide road that could better accommodate the truck traffic, though there were citizens there who would be impacted negatively.  She opined that the proposed number of trips per day to move dirt from the mine would create nonstop traffic.  She mentioned that Lake Norris Road would also be used to build a road through the property, and she opined that the BCC’s best option would be to place a restriction on the utilization of both Lake Norris Road and Hart Ranch Road for trucks over a certain weight to be determined by the Public Works Department.  She added that this would require the company to negotiate terms and conditions to use those roads with the County, and she commented that a potential solution would be a distribution of trucks on both roads.  She pointed out that C.R. 44A would also be impacted by the truck traffic, along with further routes such as C.R. 439.  She said that to accommodate the best interest of Lake County citizens, the BCC would have to consider the number of trucks traveling on the roads, the damage caused to the roads, and if the County was being compensated enough to address that damage.  She also expressed interest in inquiring if removing the sand from the property was integral to restoring it, or if the sand could be scattered across the area.  She opined that the company had a financial interest in the sand, and also that allowing the SJRWMD to profit from the sand would result in negative consequences for citizens. 

Commr. Breeden asked if it would be appropriate to send a letter to the SJRWMD asking them to delay any decisions.

Commr. Campione replied that by having the Public Works Department return with an agenda item to restrict truck usage on Hart Ranch Road and Lake Norris Road, the BCC could ensure that negotiations with the company would take place before any impact occurred.  She relayed that the County already had restrictions for trucks above a certain weight on C.R. 44A and that the trucks must exit on that road.  She also asked about the process, stating that the company signed a contract with the SJRWMD to receive restoration credits to offset environmental impacts elsewhere.

Commr. Parks expressed support for an agenda item that would explain the situation.  He indicated that he wanted to see more detail about potentially spreading the sand around the property, and said that the company could receive wetland creation credits for creating wetlands in upland areas.  He stated that one question would be if another type of credit could be provided for spreading the sand, such as wetland enhancement or restoration credits.  He said that a company can receive credits by enhancing a degraded wetland and removing nuisance exotic plants or restoring hydrology.  He added that credits can also be awarded by preserving wetlands, such as by creating a conservation easement, and by creating wetlands on a site, which he believed would describe the current issue.

Commr. Sullivan said that when the company performed their remediation, they piled the sand up and were now reclaiming it to be used for commercial purposes.  He remarked that the BCC could affect the roads and he supported an agenda item for limiting traffic on the roads.  He noted that the trucks would damage the roads and that in similar cases, the County had been compensated. 

Commr. Breeden expressed interest in hearing from the SJRWMD about their end goal for the property. She also asked if development would be enabled in that area if the roads were improved.

Commr. Campione added that the property was purchased by the SJRWMD so that it could be placed into conservation and so the sand mining could end.  She commented that the area was in the Wekiva River Protection Area and development limitations there were well established.  She said that truck traffic would make the area feel industrial due to the high volume of trucks.  She stated that even if compensation was received, the BCC would have to determine how much traffic should be allowed on those roads. 

Commr. Blake asked if Ms. Davis mentioned how much money the SJRWMD was expecting to gain from selling the sand.

Commr. Campione replied that the figure was approximately $1.6 million, though part of that sum would be used to construct a five mile road off of Lake Norris Road to access the piles of sand.

Ms. Marsh displayed a presentation that the SJRWMD received in April 2018 about the agreement.  She relayed that removing the 1.58 million cubic yards of sand would equate to around 250 trucks per day for up to one and a half years. 

Commr. Campione requested an agenda item from the Public Works Department with restrictions for the roads at the next meeting and Mr. Cole confirmed that it would be presented.

county manager

INDEPENDENCE DAY

Mr. Cole relayed that the Lake County offices would be closed on July 4, 2018 in recognition of Independence Day.

commissioners reports

commissioner parks – district 2

LAKE TECHNICAL COLLEGE GRADUATION

Commr. Parks said that on June 15, 2018, he had the privilege of speaking at the Lake Technical College graduation for both adult education and Career & Technical Education (CTE).  He stated that it was a great experience and that he was impressed with how hard the graduates worked.  He also complimented the parents in attendance, and commended Dr. Diane Culpepper, Director of Lake Technical College, and other staff members at the college. 

commissioner breeden – district 3

independence day

Commr. Breeden wished everyone a great Fourth of July holiday.

commissioner campione – VICE CHAIRMAN AND district 4

LAKE TECHNICAL COLLEGE CLASSES AT ANIMAL SHELTER

Commr. Campione relayed that she had also participated in a previous Lake Technical College graduation ceremony.  She said that it was great to see the certifications being offered and the excitement of the students, and stated that many of the students were pursuing a particular field or trade that they had been working in already as part of their training, leading to a connection between the education and a job opportunity.  She commented that she had a recent conversation with Dr. Culpepper, who asked if the college could have a program in conjunction with the construction of the new Lake County Animal Shelter to train students to be veterinary technicians.  She specified that part of their training would involve hands-on work at the facility with surgeries or taking care of the animals.  She mentioned that Dr. Culpepper had already developed a curriculum based on what the state would require, and they would have about 20 students per class depending on interest, though she opined that many high school and college students are interested in that field.  She stated that the animal shelter would need a classroom and enough room in the surgical suite for additional microscopes to support the curriculum, though generally the work would be done within the facility.

Commr. Breeden asked why the classroom would have to be located at the animal shelter.

            Commr. Campione responded that it would maximize the time spent with students and enable practical application.  She said that for the animal shelter’s design, there could be a multi-purpose area to be used for classroom space or other needs.  She recalled that she had previously obtained a $25,000 grant from the Mount Dora Community Trust to help fund the animal shelter and those funds were currently in the process of being transferred over to the County.  She suggested using those resources to help develop a classroom, and remarked that she would seek additional grant opportunities from the Mount Dora Community Trust to be put toward education in conjunction with the shelter.  She commented that if the County was able to assist in providing classroom space at the animal shelter, they could host high school students and students from Lake Technical College or other colleges.  She mentioned that with the way the curriculum is written, a student who is working toward a biology degree could benefit from the classes. 

Commr. Parks related that Lake Technical College provides a pathway for students trained in Lake County to go on to the state colleges or to start their own business. 

Commr. Breeden indicated that she would support having classes in the animal shelter if it did not increase the amount of money that the County would have to borrow in order to fund the facility.

Commr. Campione suggested that the goal would be to integrate the classroom needs into the animal shelter design and to obtain additional funds to support them. 

REsCIND LOCAL OPTION FIVE-CENT FUEL TAX REFERNDUM

Commr. Campione expressed that she requested this item due to the Lake County School Board’s millage referendum.  She opined that it would be challenging for two millage items to be on a single referendum and that it could jeopardize either one of them or cause both to fail.  She noted that there was a need for road resurfacing and stated that there was a significant amount of information that would have to be conveyed to the public about how the County maintains roads, the responsibilities of existing county residents when compared to individuals driving through the county, and how developers and impact fees affect the roads.  She reiterated that it would be difficult to move forward with the gas tax referendum when considering the focus on what the Lake County School Board would need to do in order to comply with the new school safety legislation. 

Commr. Breeden agreed with Commissioner Campione, though stated that the County would have to address the roads in some way.  She suggested that when the BCC considers mobility fees, they could also look at the roads overall. 

Commr. Parks opined that it was a wise decision and he would not want to see a scenario where voters would have to weigh both school safety and road resurfacing.

Ms. Marsh commented that if the motion was for approval to advertise an ordinance to rescind the gas tax ballot language, she could bring the item back as a public hearing at the next BCC meeting in July. 

Commr. Campione said she hoped that this action would highlight the importance of the Lake County School Board’s need for the school safety millage and that the BCC wants schools to be safe.  She expressed confidence in the Superintendent of Lake County Schools and the School Board to move forward with actions to protect the children in Lake County.

Commr. Breeden noted that while the BCC wants children to be safe, it had also been mandated that the school system implement these safety measures and the BCC should support that.

Commr. Sullivan said that he supported the motion, but opined that the BCC needed to address the roads.  He commented that the County would have to find a funding source to take pressure off the General Fund and help maintain the roads.  He added that waiting longer to act would allow the road problem to worsen, and said that the BCC should keep the issue in mind over the next fiscal year.

Commr. Parks suggested performing outreach to the public throughout the county and holding discussions about transportation needs, challenges associated with them, and the plan to fund them over the next 10 or 15 years.  He commented that in the past, the Capital Facilities Advisory Committee (CFAC) had presented some ideas about how to address the issue.

On a motion by Commr. Campione, seconded by Commr. Breeden and carried unanimously by a vote of 5-0, the Board approved to direct staff to include on the Board’s July 10, 2018 meeting agenda an ordinance to rescind the Board’s decision to place a local option 5-cent gas tax to help offset annual road resurfacing on the November 2018 ballot.

COMMISSIONER BLAKE – DISTRICT 5

DELIVER THE DIFFERENCE MEAL PACKING EVENT

Commr. Blake stated that on June 16, 2018, he attended a meal packing event hosted by Deliver the Difference at the Salvation Army in the City of Leesburg.  He said that he was impressed with the operation of the event and relayed that the organization packed approximately 40,000 meals in four hours.  He indicated that about a quarter of the meals would be sent to Guatemala for victims of a recent volcanic eruption, and the rest of the meals would be used in the tri-county area.  He said he was glad that the County was partnering with Deliver the Difference for both food packing and medical events. 

commissioner sullivan – chairman and district 1

NACO’S 2018 CREDENTIALS VOTING FORM

On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the completion and submittal of NACo's 2018 Credentials Voting form naming Commissioner Parks as Lake County's designated County delegate and Commissioner Sullivan as the County alternate to authorize the delegate to pick up and to cast the County's votes.

Capital facilities advisory committee discussion

Commr. Campione said that regarding the previously discussed transportation issue, she knew many people who were involved in past CFAC meetings and that there was some disappointment when no action was taken.  She suggested asking if any of the individuals who were involved with the CFAC would want to participate again and if the BCC could find others who would want to be involved.  She stated that a significant amount of data had been collected already about where the money was currently being used, where the funding came from, what it could be used for, comparisons with other counties, and how many road miles the County maintains.  She opined that it could be a good time to engage the public in that discussion so that if the County would have to appeal to voters about the issue, then they would have more information about it.

Commr. Parks recalled that it had been a few years since the CFAC had met and since then, more citizens have entered the county and further issues have developed.  He stated that new ideas could be received from the CFAC, such as public/private partnerships.

Commr. Campione added that the transportation issue was seen as less important when the economy declined.  She said that the current mobility fee study could be taken into consideration by the CFAC, and suggested changing the name of the CFAC to the Transportation Advisory Committee to indicate that it would be focused on roads. 

Ms. Marsh asked if the consensus was for staff to bring back the CFAC, provide an ordinance to change the organization’s name to the Transportation Advisory Committee, and release a solicitation to see who would be interested in being a member of that committee.  She relayed that all of the CFAC members’ terms expired in 2014 and that the group was inactive. 

Commr. Campione recommended starting with a list of the individuals who had been on the committee, noting that committees under the Sunshine Law are labor intensive.  She opined that the committee should be focused on roads and transportation improvement and that having the word “capital” in the committee’s name could be misleading.  She also opined that the committee should utilize both individuals from the business community and actively engaged citizens.

Ms. Marsh relayed that bringing back the committee would require staff to take minutes for meetings, advertise them, and find locations.  She said that the committee started out as the Impact Fee Committee to consider impact fee studies and was later changed to the CFAC to consider the County’s infrastructure needs; however, they primarily focused on transportation and school infrastructure. 

Commr. Parks recalled that the committee previously represented homebuilders and had personnel from the industrial and agriculture sectors. 

Ms. Marsh said that there was already the Sales Tax Oversight Committee that considers the capital projects being funded by sales tax.  She indicated that she could send a list of members previously appointed to the CFAC and that the BCC could direct staff from there.

recess and reassembly

The Chairman called a recess at 11:42 a.m. until 1:30 p.m.

WORK SESSION – LAKE COUNTY SHERIFF’S PROPOSED FY 19 BUDGET

Sheriff. Peyton Grinnell, Lake County Sheriff, said that the Lake County Sheriff’s Office (LCSO) employees are active in their communities and that each year, they support a non-profit or charitable organization in the county such as Cornerstone Hospice, domestic violence shelters, boys and girls clubs, and the March of Dimes.  He relayed that every year, the office has Project Kid Connect where over 700 backpacks are given away to the county’s homeless children that contain back to school supplies; additionally, he mentioned that the office takes children Christmas shopping each year by using funds raised through the Lake County Sheriff Charities account.  He thanked Lake County citizens for their support of public safety, and stated that he submitted a proposed budget request of approximately $9.8 million.  He said that the proposed budget could be broken down into five categories, beginning with additional personnel.  He commented that to keep up with the explosive growth in Lake County, he was requesting 28 new positions and a third shift each day for patrolling the county.  He elaborated that currently, his office had utilized 12-hour shifts for deputies with one being 6:00 a.m. to 6:00 p.m. and the other being 6:00 p.m. to 6:00 a.m.; furthermore, he wanted to add an additional shift of 12:00 p.m. to 12:00 a.m.  He said that the clearance rates for the office’s detectives were reviewed and that those cases are normally generated from the deputies patrolling the streets.  He expressed concern over the clearance rates being lower than some of the surrounding agencies and also that some of his detectives were carrying a caseload of 100 open cases per month; therefore, it was difficult for the detectives to focus their time and effort on that number of cases.  He stated an intent to add four additional detectives in the Criminal Investigations Bureau (CIB) as part of the 28 new positions in an effort to solve more crimes and raise the office’s clearance rate.  He displayed a graph showing a 10 year trend dating back to the year 2008 and noted that the office’s budget to date was approximately 5.1 percent higher than it was in 2008.  He added that the office had an 8.5 percent decrease in personnel since 2008, which was about 60 positions, and the county’s population had grown about 15 percent over the same time period.  He commented that when private business in the county declined, the LCSO experienced more business due to an increase in crime.  He relayed that according to the Bureau of Justice Statistics (BJS), the estimated cost of living increased by 16.24 percent in the same 10 year time period.  He expressed concerns over projected population increases in the county over the next several years due to the State Road (S.R.) 429 connector, the Florida Turnpike interchange in the City of Minneola, and increased traffic on the roadways.  He said that Lake County was one of the fastest growing counties in Central Florida because of its schools and quality of life and that his budget presentation was long-term.  He displayed a graph showing Uniform Crime Report (UCR) data, noting a slight increase in the number of motor vehicle thefts, a decrease in the number of burglaries, and increases in domestic violence and theft over the past few years.  He commented that since the year 2013, his office saw a 20 percent increase in calls for service specifically for the LCSO and that many of those calls require more than one deputy to respond; therefore, this created a void in some areas due to deputies leaving those areas to assist other personnel with calls.  He began discussing requested capital outlay items including an air to ground video link, which would replace outdated helicopter software to allow LCSO and Fire Rescue personnel to view situations, such as tornado damage and wildfires, in real time from the helicopter through a computer or a smart device; furthermore, this would allow the Fire Chief to more effectively deploy their personnel.  He also requested a new bomb robot to replace the Hazardous Devices Team’s (HDT) outdated current machine, and relayed that bomb robots are a requirement to receive accreditation from the Federal Bureau of Investigation (FBI).  He explained that the bomb robot unit is utilized frequently in Lake County and surrounding counties and that the HDT had received state of the art federal training.  He also pointed out a request for laptops to be used for crime scene investigators and the CIB who had both been operating on outdated equipment.  He said that the requested crime scene investigation (CSI) protection/fume hood was required by the Occupational Safety and Health Administration (OSHA), who check to ensure that the filters meet standards.  He stated that for the radio/communications update request, a new radio system for the county would be coming online, and his office would need to ensure compatibility.  He also mentioned the requested Star Chase GPS Tracking system to provide the office an alternate avenue than to engage in dangerous high speed pursuits.  He commented that for additional operational expenses, there is a perception that costs in government are fixed.  He mentioned that the cost of food services for the county jail increases if the fuel cost increases since the food must be delivered to the jail.  He showed a slide with the office’s key operating expenses, pointing out that in 2017, both fuel and food costs decreased, and he highlighted that inmate health care costs were projected to be over $3 million in 2019 and had continued to rise over time.  He explained that the LCSO contracted with Evergreen Solutions to conduct a pay study, and he indicated that the goal at the LCSO was to hire, train, and retain the best personnel; however, the office was losing employees to other agencies, some of which were also in Lake County.  He mentioned that some of his personnel were required to work 24 hours of overtime each pay period in order to pay their bills, and said that Evergreen Solutions recommended that the office should have a budget of $4,300,000 for compensation, raise its starting salary from $37,000 per year to $41,000 per year, and then create a step plan throughout the agency to relieve some of the compression that was in place.  He communicated these starting salaries for other Sheriff’s Offices in surrounding counties: Seminole County started at $41,000 per year; Marion County started at $37,000 with a $5,000 sign on bonus upon hiring; Alachua County began at $39,000 with a $5,000 sign on bonus; Polk County started at $44,750; and Orange County began at $46,000 with $2,500 in incentives.  He displayed a graph with the LCSO budget breakdown, noting that personnel costs such as salary, benefits, taxes, and worker’s compensation were fixed costs, and that the operating costs were also fixed.  He elaborated that in 2008 to 2009, the Sheriff had a budget of $56,710,199 and approximately $47 million of that figure was for personnel costs, leaving 17 percent of the budget for operating.  He explained that certain LCSO employees were in the FRS special risk class and that since 2012, his office had experienced a 53.63 percent increase in its FRS rate and a 37.65 percent increase in its regular class rate.  He said there was an approximate $2.6 million increase since 2012 for money that went directly into the FRS that he could not use for staffing, salaries, etc.  He read a subsection of Florida Statute 951.061 as follows: “Upon adoption of an ordinance by a majority of the county commission, the sheriff may be designated the chief correctional officer of the county correctional system, and the sheriff shall appoint such officers as he or she deems necessary.”  He relayed that he was honored to be designated by the BCC to run the county jail, and he believed that a sheriff can run an effective, efficient and conservative jail.  He said that the county jail was almost 40 percent of his budget and that for cost savings inside the jail, the LCSO hired a full-time doctor to ensure that when inmates are in hospitals outside of the county jail, that they are only staying as long as necessary and are not receiving unneeded testing.  He stated that in the current year, the LCSO had already realized a $300,000 savings by hiring that doctor.  He commented that another cost saving initiative was a county jail program in which inmates manufacture and repair their own uniforms and that the LCSO was now making three uniforms from raw material for the same cost as what was previously paid for the cost of one; furthermore, damaged uniforms could now be repaired due to the sewing and textile program inside the jail that began in August 2017.  He relayed that the county jail provided daily female inmate labor at the Lake County Animal Shelter to free the staff there to focus on ensuring that animals are adopted and rescued and that the facility is clean.  He said that his office continued to utilize inmate labor for County-owned property such as cutting grass and landscaping, and this prevents the County from having to hire a private service.  He said that the Marion County Sheriff’s Office was reviewed and that Marion County had approximately 17,000 more citizens than Lake County, yet the budget for the Marion County Sheriff’s Office was over $13 million greater than Lake County’s with a 20.66 percent difference.  He also indicated that Marion County had less than a $1 million difference in total taxes levied when compared to Lake County.  He highlighted recent newspaper headlines indicating that crime in the county had risen, and he said that he would do everything it would take to address those issues.  He opined that his proposed budget of $68,598,336 was reasonably necessary for his statutory and constitutional obligations as the sheriff of Lake County, and he expressed interest in cooperating with the Board to meet that figure. 

The Chairman opened the floor for public comment.

Mr. Richard Weaver, a resident of Clermont, said that he was a 23 year resident of Lake County, that he fully supported Sheriff Grinnell’s budget, and that the county needed the LCSO.

Mr. Fred Costello, a resident of the Palisades community in unincorporated Lake County, thanked the BCC for their service.  He opined that the Sheriff’s deputies provide excellent services for the community and that the BCC provides high quality services to the county including fire rescue, emergency management, animal services, roads and bridges, parks and trails, library services, and environmental protection.  He suggested that the BCC’s efforts result in the continuous growth of Lake County, increasing economic prosperity and quality of life, increasing population and the number of businesses, and more schools.  He opined that this growth and prosperity would also bring more vehicular traffic and traffic accidents, more criminals and drug use, and greater concerns for school safety; therefore, the Sheriff must constantly improve and increase measures to prevent crime and respond to crime.  He related that the Sheriff must also deal with hurricanes and tornadoes, and the loss of deputies to other counties who afford higher wages.  He said that according to the demographics section of the community profile published on the BusinessInLakeFL.com website, Lake County’s population in 2015 was about 323,000 residents and Lake County’s population in 2020 was projected to be approximately 394,000 residents; therefore, it could be assumed that the county’s population in the 2018-2019 period would therefore be around 379,800 residents.  He reiterated that the Sheriff requested a budget of approximately $64 million for the 2018-2019 period, and added that this figure would serve about 380,000 residents with a cost of around $169 per year per resident or $0.46 per day per resident for all services.  He commented that the general law enforcement component of the Sheriff’s budget allocated to crime prevention and crime response is about $34.4 million for serving nearly 380,000 residents and would cost about $91 per resident per year or only $0.25 per day per resident.  He suggested that when evaluating the Sheriff’s budget, that the BCC consider the dangerous nature of the deputy’s position and the equipment they require to safely perform it.  He also asked the BCC to consider these items: public safety should always be the primary priority for all levels of government; the Sheriff is hired by and is responsible for the citizens; citizens pay for safe homes and streets; the public respects and supports the LCSO for their protection; the public respects the Sheriff’s judgement in establishing financial requirements to fund his operations; citizens are enjoying a good value for the protection of families and homes for $0.25 per resident per day; and there was a need for the LCSO to stay ahead of crime.  He thanked the BCC for their consideration.

Ms. Robin Monkman, a resident of Tavares, said that she spent 17 years serving Lake County as both a LCSO deputy and a school resource deputy.  She relayed that after completing training, she patrolled approximately 400 square miles by herself and that what deputies must confront is concerning.  She opined that in the year 2000, 50 percent of all law enforcement deaths in the line of duty occurred in the southeastern United States, with 50 percent of those deaths being in the State of Florida.  She opined that Florida was at a higher risk for officer deaths than other states and that by halfway through a previous year, there were 19 officer deaths while on duty throughout the country and 10 of them occurred in the State of Florida.  She commented that she also worked for the Fruitland Park Police Department and earned a low income, though noted those officers now had higher salaries than Lake County deputies.  She expressed support for Mr. Grinnell’s budget and said that it was more fiscally responsible to retain personnel than to continually train new hires. 

Mr. Jochim opined that Constitutional Officers in the State of Florida are not required to undergo performance audits or to provide a detailed copy of their budget on the County website. He also stated that out of the approximate 500 page County budget, only two pages were for the Sheriff’s budget that the public could examine.  He opined that he had not seen enough information or metrics to determine where taxpayer money was going and that there should be clear public evidence about the Sheriff’s budget.

Mr. Fred Weil, a resident of Leesburg, said that he moved to Lake County for its safety, and relayed that he had volunteered for the LCSO and witnessed a detective having a caseload of 137 cases.  He stated that Lake County was growing and that more deputies were needed.  He expressed a desire for Lake County to hire the best personnel and indicated concerns over other law enforcement agencies offering higher salaries.  He opined that LCSO salaries should be increased to attract better personnel and that he would not mind paying higher taxes to support this.  He also mentioned that he supported the local option five-cent fuel tax to resurface roads after having driven throughout the county as a citizen on patrol.

Ms. Velma Dawson, a resident of Tavares, said that she lived close to the county jail and performed jail ministry there with her husband.  She opined that the LCSO already had excellent personnel, but she felt the LCSO needed more of those deputies.  She commended the LCSO for their long hours of service and she expressed that the service she and her husband provided was attempting to eliminate the cycling of inmates through the jail.  She said that good quality of life in Lake County starts with role models and that the LCSO provided great role models for young adults.  She mentioned that the Sheriff had worked with The Powerhouse Christian Center in the City of Eustis where released inmates are helped to better their lives and that he had visited them personally.  She agreed with the previous speakers about asking BCC to evaluate the importance of supporting the LCSO.

Mr. Cole explained the additional revenue and expenses at the current time and the excess revenue that would be available with a status quo millage.  He displayed a chart with several figures, noting that with the increase in assessment values that the Property Appraiser indicated was supposed to occur in the current year, the County would receive an additional $8.8 million in ad valorem revenue.  He stated that there were a variety of other revenue services that compose the General Fund budget which were slated to increase by approximately $652,000.  He pointed out that the total additional revenue from a status quo millage would be about $9.5 million; however, he noted that the entire debt service from the 2007 Downtown Government Complex would have to be paid for in full by the General Fund for a total of approximately $2.2 million in the coming year because the new authorization of sales tax cannot be used to fund existing debt.  He also said that there was about $159,000 in additional expenses for the Community Redevelopment Act, and rebuilding the reserves up to seven percent of the County’s operating budget, which was the BCC’s policy minimum, would require about $4 million of additional expenses to bring the reserves to approximately $8.6 million starting in fall 2019.  He said that Hurricane Irma cost over $10 million, and he relayed that the Constitutional Officers, excluding the Sheriff, would require additional expenses of about $470,000.  He stated that the total additional funding without the Sheriff’s budget that incorporated a status quo budget was about $6.7 million.  He commented that for savings, staff was able to identify $1.3 million in reductions through efficiencies.  He added $350,000 due to the BCC indicating that they wanted a pay increase for County employees, and added an additional three percent for the Property Appraiser and Clerk of Courts in the amount of $162,000 for their employee increases.  He relayed that some of the other Constitutional Officers were not included in that figure because they incorporated their employee pay increases within their proposed budgets.  He remarked that the total FY 19 savings would be around $800,000, and said that subtracting the total additional expenses from the total additional revenue and then adding in the FY 19 savings would equal a net surplus of approximately $3.6 million under a status quo budget and a 9.25 percent increase in assessment values.  He noted that there were additional unfunded expenses and priorities including additional reserves of up to 10 percent, road resurfacing, school security, and a potential millage reduction, and he said that these items would be competing for the $3.6 million surplus. 

Commr. Parks thanked Sheriff Grinnell for his presentation and said that the Sheriff had always made himself available and held public meetings to allow citizens to inquire about the budget or other services.  He stated that public safety has been a top priority because Lake County was promoting its quality of life and economic development.  He commented that the County had been considering public safety issues on a short term basis without addressing long term needs with the growing population.  He added that he also advocated for a long term plan for the Office of Fire Rescue, and opined that the Sheriff’s proposed budget should be supported because it was long term.  He mentioned that the proposed budget would allow the Sheriff to protect Lake County, and he remarked that the issue of losing deputies to other law enforcement agencies was concerning.  He commented that he had participated in a number of ride-alongs and saw that deputies were driving 500 or 600 miles per shift due to responding to a high volume of calls.  He stated that in South Lake, there were concerns about the growing population and that citizens were looking for a proactive approach.  He opined that the metrics and numbers, such as the number of deputies being on call being less than in other counties, supported the proposed budget.  He opined that the proposed budget should be supported without a tax increase and that the BCC would have to cooperate with the LCSO.

Commr. Campione thanked the Sheriff and said it was challenging to analyze County department budgets to find savings.  She appreciated the specificity for how funding would be spent in the Sheriff’s proposed budget and wanted to see that process continued in future years.  She stated that the BCC takes responsibility for the bill that taxpayers receive and that more information can help the BCC defend their financial decisions.  She reiterated that earlier in the meeting, the Lake County School Board millage was voted to be placed on referendum to fund their school safety requirements under the new legislation, and that voters would decide whether to pay for a sworn office in every school, school hardening, and mental health counselors.  She also said that the BCC voted to rescind the gas tax referendum because the Board felt it would be challenging to ask voters to approve two taxes at a single time and that the School Board’s request was prioritized.  She commented that when considering the Sheriff’s proposed budget, it would require a millage increase to meet what was requested.  She said that 40 percent of the ad valorem dollars was from new construction and the other 60 percent was a result of property values rising, so the County would be seeing higher tax bills if the status quo millage remained in place; furthermore, increasing the millage with the possibility of voters approving the Lake County School Board’s millage would increase the dollar amount that citizens would pay.  She commented that she liked the idea of the Sheriff adding an additional shift and increasing salaries, and suggested that using a salary study and implementing the raises in a single year would be a considerable lift.  She said that currently using sales tax, the County contributed around $1.5 million toward deputy vehicles, and she asked if the requested approximate $900,000 for capital outlay was separate.

Sheriff Grinnell replied that vehicles were not in his budget for the additional 28 positions.  He elaborated that it was a five year project to replenish the LCSO’s fleet with 40 vehicles per year, and added that $1.5 million in sales tax was being put toward vehicles.

Commr. Campione inquired if the requested capital outlay items, such as the bomb robot and radios, would be recurring expenses, and Sheriff Grinnell replied that they would not be recurring.  She said that roughly $4 million would be used to replenish reserves following Hurricane Irma and that those reserves are also used for the Office of Fire Rescue, the Public Works Department and the Constitutional Officers. 

Sheriff Grinnell stated that the $100,000 provided to him for contingency lasted two days while evacuating citizens in Astor.  He also said that his team staffed every hurricane shelter and that jail inmates helped clear debris from the road in cooperation with the Public Works Department. 

Commr. Campione commented that it would be dangerous to neglect replenishing the reserves; however, if the Federal Emergency Management Agency (FEMA) had reimbursed the County, then the BCC could take that number and combine it with the budget surplus available to nearly reach the Sheriff’s requested budget.  She asked that the Sheriff work with the BCC to help replenish the reserves while the County waited for FEMA’s reimbursement and to help the Sheriff meet some of his requests.  She said that the BCC appreciates the LCSO and that the agency has the best officers, though it must be discussed how to balance funding, answer to the taxpayers, and maintain the county’s cost of living at a level that is sustainable and that residents can afford. 

Commr. Blake thanked the Sheriff and indicated concerns over the comparisons with Marion County.  He expressed agreement with Ms. Monkman’s comment that retaining personnel is preferable to training new hires, and he asked about the LCSO’s turnover rate and how it compared to surrounding agencies. 

Sheriff Grinnell responded that he did not have data on that issue, but relayed that he just lost an excellent female deputy to the City of Tavares Police Department which offered FRS services and a pay raise.  He added that the LCSO also lost two deputies and one jail personnel to the Sumter County Sheriff’s Office, and he expressed concerns about the issue growing worse over time.

Commr. Breeden thanked the Sheriff and relayed that she had participated in the Citizen’s Academy and that it was an excellent program.  She opined that the Sheriff deserved his proposed budget and she was unsure if they could be met in the current year; however, if the BCC and Sheriff cooperated, there was the potential to meet those goals in two or three years.  She expressed support for cost of living raises and increasing salaries for deputies, and she said that the LCSO deputies had always been responsive in her commission district. 

Commr. Sullivan noted these figures for the LCSO: 28 new positions, using the lowest salary, would cost about $1.5 million; an additional five percent across the board raise would equal approximately $2.3 million; and the added capital outlay requests would further create a total of about $4.8 million.  He remarked that this was the first time in six years that discussions had involved what the Sherriff’s real needs were and opined and that this was due to the BCC’s transparent approach to local government.  He stated that these were the numbers that must be considered going forward and that the BCC would come back with a public hearing on the issue.  He thanked the Sheriff for his open input and remarked that public safety is the first priority for the BCC.

Mr. Cole relayed that the BCC would be setting its preliminary budget and its millage rates on July 10, 2018 and they would come back for final budget hearings at the first two BCC meetings in September 2018. 

Sheriff Grinnell noted a previous citizen comment about the LCSO not showing its budgets, and said that the LCSO’s budget was on its website; additionally, under Chapter 119 of the Florida Statutes, any citizen can request a budget presentation.  He relayed that the LCSO undergoes a yearly audit and a performance audit every four years.  He reiterated that his submitted budget was what he believed to be reasonably necessary to carry out his constitutional and statutory responsibilities as the sheriff of the county.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:46 p.m.

 

 

 

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timothy i. sullivan, chairman

 

 

ATTEST:

 

 

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GARY J. COONEY, CLERK