A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
September 13, 2022
The Lake County Board of County Commissioners met in regular session on Tuesday, September 13, 2022 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Sean Parks, Chairman; Kirby Smith, Vice Chairman; Douglas B. Shields; Leslie Campione; and Josh Blake. Others present were: Jennifer Barker, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.
INVOCATION and pledge
Commr. Parks welcomed everyone to the meeting, and said that the Invocation and the Pledge of Allegiance would be led by Chaplain Rick Spence. He explained that Chaplain Spence served as a volunteer for the Office of Fire Rescue where he offered spiritual and emotional support to firefighters, doing what he could to make fire and emergency medicine careers better. He elaborated that Chaplain Spence retired from Reedy Creek Fire Services after 30 years and had always been grateful for the opportunity to earn a living doing a job he never saw as work; furthermore, he loved being a preceptor for new paramedics, and spent his spare time coaching men’s softball, high school girls’ softball and mentoring rookie firefighters. He added that Chaplain Spence was named Firefighter of the Year in 2018.
Chaplain Spence gave the Invocation and led the Pledge of Allegiance.
Commr. Parks commended Chaplain Spence for his message on the previous Sunday for the 21st anniversary of 9/11 at the Lake County Historic Courthouse.
historical fact
Commr. Parks mentioned that Mt. Plymouth-Sorrento was settled in 1875 with a few cabins and many orange groves; additionally, the postal worker there would blow a cowhorn every time he came through town, and the town grew as boat passage increased along the St. Johns and Wekiva Rivers.
virtual meeting instructions
Mr. Erikk Ross, Director for the Information Technology (IT) Department, explained that the current meeting was being livestreamed on the County website and was also being made available through Zoom Webinar for members of the public who wished to provide comments during the Citizen Question and Comment Period later in the agenda. He elaborated that anyone watching though the livestream who wished to participate could follow the directions currently being broadcast through the stream; furthermore, he relayed that during the Citizen Question and Comment Period, anyone who had joined the webinar via their phone could press *9 to virtually raise their hand, and anyone participating online could click the raise hand button to identify that they wished to speak. He said that when it was time for public comment, he would read the person’s name or phone number, unmute the appropriate line, and the speaker would be asked to provide comments. He added that everyone would have three minutes to speak, and after three minutes an alarm would sound to let them know that their time was up. He added that they previously notified the public that comments could be emailed through 5:00 p.m. on the previous day, and those comments were shared with the Board prior to the meeting. He stated that anyone wishing to provide written comments during the meeting could visit www.lakecountyfl.gov/commissionmeeting, noting that comments sent during this meeting would be shared with the Commission after the meeting was concluded.
Agenda update
Commr. Parks said that the Board of County Commissioners (BCC) would break around 11:45 a.m. to head to the Lake County Historical Museum, where there would be a dedication for a statue replica of Dr. Mary McLeod Bethune, noting that it was a replica of the statue that would be in Statuary Hall in the United States (U.S.) Capital. He then requested that Tab 2, regarding Constitution Week, be addressed before the citizen question and comment period; furthermore, he also proposed that the Board address Tabs 21, 26 and 28 together since they were all related to the Lake County Water Authority (LCWA).
Ms. Jennifer Barker, County Manager, stated that for Tab 8, a signed amendment was added to an interlocal agreement for disbursement of American Rescue Plan Act (ARPA) funds for the City of Minneola. She indicated that for Tab 26, a resolution was attached for the LCWA 2023 proposed budget and millage rate, and for Tab 29, the budget book and the General Fund summary were attached to the agenda item since the agenda was first published.
employee awards
Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached significant milestones in their careers with Lake County, as follows:
FIVE YEARS
Greg Fussell, Computer Technician II
Information
Technology Department
Jennifer
Ratliff, Animal Care Technician
Office of
Animal Services
Scott
Seymour
Firefighter/Paramedic
Jason Turner
Firefighter/Paramedic
Charles
Ayers
Firefighter/EMT
Edwin Cruz
Firefighter/EMT
FIFTEEN
YEARS
Richard
Frantz, Maintenance Technician I
Public Works
Department
THIRTY YEARS
Fred Schneider, Assistant County Manager
Public Works Department
arpa update
Mr. Sean Beaudet, Grants Coordinator for the Office of Management and Budget, said that the Coronavirus State and Local Fiscal Recovery Funds, also known as American Rescue Plan Act (ARPA) funds, had the following overriding eligible uses: public health and negative economic impacts; premium pay; water, sewer and broadband infrastructure; and replacement of lost public sector revenue. He recalled that the interim final rule required recipients to calculate revenue loss annually four separate times, and that Lake County’s first calculation equaled $12.4 million in revenue loss. He added that the final rule published earlier in the current year included revisions to eligible revenues and other clarifications, and another update was that recipients could now either elect a standard allowance of $10 million or continue to calculate revenue loss. He added that the sum of the four annual calculated amounts was the actual revenue loss, and he indicated that it was beneficial for the County to continue to calculate revenue loss rather than electing for the onetime $10 million allowance, as a high proportion of the funds would now be eligible under revenue replacement and would allow for greater flexibility. He relayed that with the final rule changes, a recalculation for period one reduced the amount by roughly $300,000, yet the previous period resulted in an addition of slightly over $16 million for a grand total of about $28 million; furthermore, $28 million of the $71 million that the County received now qualified under the revenue loss category. He said that at the August 23, 2022 Board of County Commissioners (BCC) meeting, the Board approved a new solid waste collection contract for area one, which included $3,134,150 in ARPA funds. He added that additional funding would be needed for solid waste collection in areas two and three due to increased labor costs, and that changes in the final rule helped the County fund this essential service; however, this would require a reallocation of ARPA funds. He showed the most recent project list with proposed changes, noting that staff added solid waste collection under the revenue replacement section. He elaborated that the $7.8 million included the $3.1 million from the contract that the Board recently approved, along with the amount needed for the other haulers. He also noted that the reallocation included the following: $1 million from community mental health services; the remainder of funding from business assistance grants; $2 million from the broadband project; $1.5 million from the sewer and utilities portion; $1 million from the septic tank replacement grant match; and all funds from the stormwater projects grant match. He requested approval to reallocate funds within the project list, as presented.
Commr. Parks noted that ARPA was ongoing and could change, noting that the Board could change items on the list, as well as adjust for new projects.
On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved to reallocate funds within the project list, as presented.
Minutes approval
On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the minutes for the BCC meeting of July 12, 2022 (Regular Meeting) as presented.
commissioner’s boards and committees updATE
Commr. Shields said that he had a League of Cities meeting on the previous Friday, noting that staff and the Lake County Sheriff were in attendance. He added that he attended a Florida Association of Counties (FAC) urban affairs meeting, and explained that the Counties were trying to trying to help write policy at the State level. He indicated that he would also have a FAC Executive Board meeting on the following Friday.
Commr. Smith mentioned that he had attended the League of Cities meeting to hear the Lake County Sheriff speak about his budget and license plate readers (LPRs). He stated that he also had an Elder Affairs Coordinating Council meeting, noting that they decided to make the meetings quarterly starting in January 2023. He mentioned that they were planning a senior expo in October 2022, and that he also had several citizens meetings regarding flooding and road networks, community meetings for growth, and a broadband meeting to see what they could do to increase speeds in some of the neighborhoods further out.
Commr. Campione said that she had a community meeting in Sorrento focused on the East Lake Library relocation, noting that this included what had been done to open the mini-library at the East Lake Sports and Community Complex. She added that they were working to get a modular building in Sorrento to serve as the library for the next several years while they worked on the permanent location. She said that they had an Affordable Housing Advisory Committee on the previous Thursday and that it was a training session and a meeting; additionally, they would be bringing some changes to the Board for their affordable housing plan for use of State Housing Initiatives Partnership (SHIP) funding. She then stated that she had some meetings regarding the Pine Lakes area to address and consider issues related to the fire station and community services there.
Commr. Blake mentioned that they had the monthly conference call regarding the mobile crisis unit grant on the previous day, noting that December 2022 would be the time if they needed a final extension on the grant. He mentioned that they had a Library Advisory Board meeting a few weeks prior, and that Mr. Levar Cooper, Director for the Office of Communications, had presented the new logo for the County library system. He elaborated that they had delayed bringing it to the BCC until the Library Advisory Board signed off on new options.
Commr. Parks reported that he had a Central Florida Expressway Authority (CFX) Board meeting in the previous week, and he mentioned that the board had passed a 25 percent discount for tolls for frequent users.
Commr. Blake asked how CFX defined high frequency.
Commr. Parks relayed his understanding that if one was using the roads at least 10 or 12 times each month per transponder, then they would receive a 25 percent discount. He added that the Florida Governor had also done this for Florida’s Turnpike.
proclamation 2022-97 for constitution week
On a motion by Commr. Blake, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved Proclamation 2022-97 declaring September 17 - 23, 2022 as Constitution Week.
Commr. Parks read and presented Proclamation 2022-97 to Ms. Beverly Oyler, with the Daughters of the American Revolution.
citizen question and comment period
Mr. Vance Jochim, a concerned citizen, asked why the SHIP closeout report for Tab 12 was only for 2019. He also noted that for Tab 16, the County was taking over four road maintenance systems, and he asked why this was occurring and if there was funding tied to this. He commented that Tab 19 regarded the transfer of Blackstarr Road and that the maintenance was about $28,000 per year; furthermore, he inquired who was funding this and if the road was being transferred to the County or the city. He expressed concerns for the Board not discussing items on the consent agenda which were tied to funding.
Commr. Campione said the Board spent many hours preparing for these meetings, and that this was so that they could approve a consent agenda. She added that any Commissioner could raise a question or issue with a consent agenda item, and some items could be pulled off the consent agenda.
Commr. Parks commented that the Board was not seeing these items for the first time on the current morning, and that the Board sometimes talked at length about a certain topic.
Mr. Vincent Niemiec, a resident of the City of Clermont, thanked the County for a presentation describing the expansion of Hartwood Marsh Road. He also thanked Commissioner Parks for attending a 9/11 memorial, and he displayed a map of Hartwood Marsh Road. He relayed his understanding that a yellow line represented an eight foot barrier wall and that it was only covering Kings Ridge. He asked how far from the property line it would be placed, and he then relayed his understanding that they would also make Hancock Road south a four lane road. He showed an image of the entrance to his community, and he relayed that they were told that they could only use it as an exit only; however, when the four lane extension was made, they would have a turn lane into the community. He indicated that his community just spent $50,000 to make this an exit only, and they were now being told that it was going to be an entrance and an exit. He inquired why this decision was being made.
Commr. Parks said that Mr. Niemiec could possibly connect with staff about this issue.
Ms. Vara Vail, a resident of Lake County who was formerly from Thailand, asked why the State of Florida, with a population of about 22 million, did not hand count election ballots when Thailand did this with a population of around 70 million; additionally, she relayed that Thailand also only had one day for elections and did not use mail in ballots.
Mr. Jochim opined that the election system seemed to not have leaders that ensured that they had proper professional controls over the votes. He opined that the Supervisors of Elections had not addressed many issues that had been disclosed on a statewide, a local and a national basis, and he asked if people had done investigations to ensure that this was not occurring in Lake County.
Mr. Rick Carlins, a resident of Lake County, opined that there was mistrust in the nation and in Central Florida, and he relayed his understanding that irregularities were found for voter registration cards. He opined that these items needed to be looked into, and that anything outside of a single day of voting gave an opportunity for an issue to occur.
Ms. Virginia Dohn, a resident of Sumter County, opined that Commissioners needed to be able to review the cast vote record to see if it was a legal election before certifying their county election. She opined that it would be better to hand count and that it was too complex to verify results, and she relayed her understanding that 85 percent of cast vote records had shown manipulation of votes. She opined that statewide numbers did not match the voter database, and that vote by mail ballots were being requested by voters with undeliverable mailing addresses. She opined that the Supervisor of Elections should not certify the machines before the election if there was evidence that Elections Systems & Software (ES&S) machines had shown connection to the internet. She opined that going to hand counting would only be one-tenth the cost, and relayed her understanding of issues with voting machines.
Ms. Anne Marcotte, a resident of Sumter County, opined that there was no confidence in the voting process, and she relayed her understanding that many irregularities were found. She expressed concerns for votes being counted, and she indicated a preference to eliminate voting machines. She also indicated concerns for an individual’s information not being removed from her home, noting that they no longer lived there.
Ms. Dianne Venette, a resident of Lake County, commented that in the recent redistricting, the Lake County Supervisor of Elections sent out new voter information cards to every resident in the county to let them know that they may have a new precinct polling location. She said that she had submitted a public records request to see the mail which was returned as undeliverable, and she asked what was being done with the undeliverable mail if the Supervisor of Elections’ Office was not making a list for their voter roll maintenance requirements. She relayed her understanding that some of the voters that received undeliverable mail had requested and returned ballots in the recent primary, and she expressed concerns for having certified the election. She opined that vote by mail ballots were being used to cast fraudulent votes, and she indicated her understanding that individuals had received vote by mail ballots which were not requested. She opined that they should eliminate voting machines and vote by mail ballots.
Ms. Sue Parent, a resident of Lake County, expressed concerns for the BCC moving forward with a new building for the Supervisor of Elections, and she relayed her understanding that residents recently discovered hundreds of flipped addresses from the 2020 State Legislative report where street names were changed and then changed back. She expressed concerns for this occurring on streets in the Cities of Clermont and Tavares, and she questioned who was requesting ballots that were received there. She also expressed concerns for certifying an election even though there was the possibility of fraudulent ballots counted in the past primary election.
Commr. Blake clarified that the vote to move forward with the Sears facility for the Supervisor of Elections was a 4-1 vote.
Ms. Deborah Shelley, with Citizens for the Preservation of Rural, asked the BCC to write a letter to the City of Leesburg similar to a letter from the previous year which regarded the Whispering Hills and Hodges Reserve developments. She asked that they request the City to acknowledge the boundaries of the Yalaha-Lake Apopka Rural Protection Area (RPA) with respect to the proposed Anthony Housing Development, noting that it was fully in the RPA and proposed 391 units on 133 acres. She mentioned that the second reading for this item would be October 24, 2022, and that the BCC could also address an adjacent proposal which was predominantly in the transition zone; however, it had a small portion in the RPA where townhomes were proposed. She elaborated that this project was 1,700 units on just over 700 acres and was from United States (U.S.) Highway 27 east on Dewey Robbins Road to within the RPA. She commented that the area now had 2,000 units proposed on Dewey Robbins Road, relaying her understanding that the Lake County Public Works Department had previously stated that the roads could not handle the traffic generated from this number of units. She believed that it was possibly time to review the interlocal service boundary agreements (ISBAs) and request that the boundaries be amended such that the RPAs would not be included.
Ms. Mary Vanatta, a resident of Orange County, relayed her understanding that many entities had been hacked and that their information had been compromised, and she indicated her understanding that experts in voting systems and cyber systems industries had opined that the use of paper ballots was the only method of voting which was not hackable.
Ms. June Lang, a resident of Lake County, said that she had prepared packets for the Commissioners with information including a summary report that her election integrity team created and had submitted to law enforcement. She also stated that they had several advisory opinions from a general auditor showing the same issues occurring in the state. She relayed that they had a report on the Electronic Registration Information Center (ERIC) system, opining that it needed to not be used, and that they had articles from the media regarding how the swaps were occurring in the ballots. She urged the Board to review this information and take action.
Ms. Nili Sinai, a resident of the City of Mount Dora, stated that she objected to the lease and buildout for the Lake County Supervisor of Elections Office, and she asked how many military personnel were overseas and how many new voters there were to justify what she opined was $2 million too much. She expressed support for getting rid of voting machines, having one day to vote, and working with citizens to eliminate concerns for local elections.
Ms. Cindy Newton, a resident of Commission District 4, thanked Commissioner Blake for his stance on LPRs and protection of the information gathered from the program, relaying her understanding that many residents saw the value of the program but did not think that it was worth the tradeoff. She then thanked the Commissioners for what they did outside of the Board Chambers, and she requested more information on the upcoming joint planning agreement (JPA) meeting. She expressed concerns for farmland being eliminated and for rural living being diminished. She opined that they were losing farmland soil of unique importance, and she mentioned the environmental effects. She referenced a recent newspaper article which indicated that Lake County’s commitment to agriculture was written into its laws, and that agriculture was a significant industry of the county; therefore, it was the intent of this district to provide long-term means for preventing further encroachment upon agriculture enterprises, and to encourage agricultural pursuits by preserving good soils and agricultural areas from subdivision developments or commercial and industrial construction.
Mr. Mike Trainor, a resident of the City of Tavares, remarked that he had been a poll worker in the current year’s primary election, and he opined that everything was done properly and in accordance with their training. He also opined that the training was excellent with no room left for interpretation, and he said that he did not have an issue with what the Lake County Supervisor of Elections was doing. He relayed his experience with a candidate in the primary and opined that the amount of votes they received was not possible in an unfair system.
Ms. Connie Hurlburt, a resident of Lake County, relayed her understanding that a State of Florida corporation called the Florida Supervisors of Elections, Inc. (FSE) was paid dues by all 67 Supervisors of Elections. She indicated an understanding that roughly half of their revenue was derived from taxpayer funds, and she opined that it could be shown that there was a direct transfer of funds from FSE to pay to lobby the Florida Legislature. She opined that Chapter 11.062, Florida Statutes, was violated by the corporation and that all 67 Supervisors of Elections were implicated. She expressed concerns for the organization considering themselves as a governmental agency, opining that they were not. She opined that the FSE fraternized with the vendors that they purchased voting machines from, and she relayed her understanding that there was no online streaming of their meetings. She asked the Board to consider this and to do what was within their influence.
Ms. Anje Connor, a resident of the City of Eustis, said that she did not consent to her vote being cast or counted by any election machine. She opined that many individuals also did not consent to the use of machines in elections any longer.
Commr. Campione suggested that some of the individuals who spoke at the current meeting could speak to the Florida Legislature, opining that it was the most appropriate forum for these types of requests. She said that Lake County could not decide to only have one day for voting, and that they followed a uniform State election code in the Florida Statutes. She thought that they would likely need a statewide change to make it so individuals could be removed from a voter roll, noting that there was a process where one had to submit a request to be removed. She believed that this was an item that needed to be addressed, and said that the Board could also make these suggestions to their Legislative Delegation. She then expressed support for the idea of one day for voting.
Commr. Parks opined that some statutory changes needed to be made, and he indicated interest in Election Day possibly being a national holiday. He added that statutorily, the County had to support their Constitutional Officers; furthermore, there was a significant amount of deliberation that went into the Lake County Supervisor of Elections building. He elaborated that from a business standpoint, the cost of the current Supervisor of Elections facility was increasing; additionally, the Sears facility was cheaper, and there could also be some consolidation with the Lake County Sheriff’s Office (LCSO), along with other Constitutional Officers and support services being placed in that building.
Commr. Campione indicated that there were space needs in the Supervisor of Elections office, and that the concept behind the Sears renovation was that the County could come out ahead economically. She said that much of the County’s thought process regarded addressing the space needs and security needs for having all of the equipment in one location.
Commr. Parks added that the facility was for the Supervisor of Elections, whoever it was currently or in the future.
Commr. Blake encouraged meeting with local legislative representatives and senators, and he opined that having a two week window to vote was an opportunity for malfeasance in some cases. He also relayed that he would have no issue with paper ballots; however, this would need to be taken to the Florida Legislature.
Commr. Parks clarified an earlier statement and said that the CFX discount was that one would receive a 25 percent discount when they went through a toll booth 40 times, noting that this was targeting commuters.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 8, as follows:
List of Warrants
Notice is hereby provided 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 Mount Dora Ordinance 2022-11
Notice is hereby provided of having received Annexation Ordinance 2022-11 from the City of Mount Dora.
Estates at Cherry Lake Community Development District FY 2022/2023 Adopted Budget
Notice is hereby provided of having received the Estates at Cherry Lake Community Development District adopted budget for fiscal year 2022/2023 in accordance with Section 190.008(b), Florida Statutes, for purposes of disclosure and information only.
Estates at Cherry Lake Community Development District Resolution 2022-06
Notice is hereby provided of having received a copy of Resolution 2022-06, identifying the Fiscal Year 2022/2023 meeting schedule for Estates at Cherry Lake Community Development District. This meeting schedule is being submitted in accordance with Section 189.015(1) of the Florida Statutes.
Lake County’s Semi-Annual Investment Report of June 30, 2022
Lake County’s Semi-Annual Investment Report of June 30, 2022 is hereby provided.
City of Clermont Ordinances
Notice is hereby provided of having received the following Annexation Ordinances from the City of Clermont: 2019-02; 2019-18; 2019-31; 2019-42; 2020-34; 2021-004; 2021-017; 2022-015; and 2022-027.
City of Umatilla Ordinance 2022-105
Notice is hereby provided of having received Annexation Ordinance 2022-105 from the City of Umatilla.
Proof of Publication of Unclaimed Moneys
Proof of publication of unclaimed moneys and payment to the Board for those non-court related moneys advertised less claims and publication costs.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Smith asked to pull Tabs 12, 16 and 19 because there were questions from the public.
On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 4 through 20, pulling Tabs 12, 16 and 19 to the regular agenda, as follows:
PROCLAMATIONS
Request approval of Proclamation 2022-114 declaring September 2022 as Hunger Action Month, per Commissioner Smith.
Request approval of Proclamation 2022-98 declaring September 17, 2022 as Usher Syndrome Awareness Day, per Commissioner Shields.
COUNTY ATTORNEY
Recommend approval to extend the 2022 tax roll until completion of the Value Adjustment Board hearings. There is no fiscal impact.
COUNTY MANAGER
Recommend approval of the 2023 meeting dates for the Board of County Commissioners:
January 3, 4, 10 and 24; February 7, 8, 14 and 28; March 7, 8, 14 and 28; April 4, 5, 11 and 25; May 2, 3, 9 and 23; June 6, 7, 13 and 27; July 11 and 25; August 1, 2, 8 and 22; September 5, 6, 12 and 26; October 3, 4, 10 and 24; November 14 and 28; and December 5 and 19.
ADMINISTRATIVE SERVICES
Management and Budget
Recommend approval of revisions to the interlocal agreement with the City of Minneola, utilizing American Rescue Plan Act (ARPA) funds, for the purpose of providing funds to the City for implementing various drinking water, wastewater, and stormwater infrastructure projects.
HUMAN RESOURCES AND RISK MANAGEMENT
Recommend approval:
1. Of the County's annual loss control insurance policies with Princeton and other insurance companies; and
2. Of Brown & Brown's annual fee for professional services; and
3. Pre-funding of the Tenant Users Liability Insurance Program (TULIP); and
4. To authorize the Office of Procurement Services to execute all supporting documentation.
The estimated fiscal impact is $2,523,167 and is within, and will not exceed, the Fiscal Year 2023 Budget.
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Fire Rescue
Recommend approval:
1. To accept a 2021 Assistance to Firefighters Grant (AFG) for the purchase of equipment to fully outfit an aerial ladder apparatus; and
2. To authorize the Office of Procurement Services to execute all supporting documentation.
The total estimated fiscal impact is $170,220.60 (revenue/expenditure - $154,746.00 in grant funding and $15,474.60 in County funding) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 5.
PUBLIC SERVICES AND INFRASTRUCTURE
Facilities Management
Recommend approval:
1. Of Contract 22-941 for Health Administration Building Asbestos Abatement Services to Qualis General Contractors, LLC (Tampa, FL);
2. To increase the spending limit of Contract 21-0715 with Bekins Commercial Installations, Inc. (Orlando, FL) for moving and storage of furniture, equipment, and supplies; and
3. To authorize the Office of Procurement Services to execute all supporting documentation.
The fiscal impact for abatement services is $293,127 (expenditure) and for moving and storage is estimated at $80,308 (expenditure). Both are within, and will not exceed, the Fiscal Year 2022 Budget. Commission District 3.
Housing and Community Services
Recommend approval of Sub-Recipient Agreement with LifeStream Behavioral Center for Community Development Block Grant Fiscal Year 2021-22 funds to expand homeless services.
The fiscal impact shall not exceed $120,000 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. Commission District 3.
Library Services
Recommend approval and execution of an amendment to extend the interlocal agreements for one year between Lake County and the governing bodies of the member libraries relating to the provision of library services.
The fiscal impact is $1,107,294 (expenditure) and is within, and will not exceed, the Fiscal Year 2023 Budget. All Commission Districts.
Public Works
Recommend approval:
1. To accept the final plat for Sanctuary Phase 2 and all areas dedicated to the public as shown on the Sanctuary Phase 2 final plat; and
2. To execute a Temporary Easement Agreement.
The fiscal impact is $1,551 (revenue - final plat application fee). Commission District 1.
Recommend approval to accept public Right of Way and Easement Deeds that have been secured in conjunction with development, roadway, and stormwater projects.
The fiscal impact is $1,180.90 (expenditure – recording fees) and is within, and will not exceed, the Fiscal Year 2022 Budget. Commission Districts 1, 2, 3 and 4.
Recommend approval of the Fiscal Year 2023 Annual Certified Budget for Arthropod Control for the Lake County Mosquito Control Program, pursuant to Section 388.201, Florida Statutes, and Rule 5E-13.027, Florida Administrative Code. The fiscal impact is $50,519.43 (revenue/expenditure - 100 percent grant funded).
Transit Services
Recommend approval of the Office of Transit Services Transit Asset Management Plan for the years 2022-2025. There is no fiscal impact.
tab 12: ship closeout report and signature authority
Commr. Smith noted that there was no fiscal impact on this item.
Commr. Campione said that they sometimes spent their funds multiple years later because there were many programs or residents that were using those funds; therefore, they were closing out Fiscal Year (FY) 2019 because all of the funds from that year had been expended. She indicated that they still had funds from FY 2020’s budget that were being utilized, and that the County was also working on current funds.
Commr. Smith relayed that this item was just for the Director for the Office of Housing and Community Services having the authority to sign off on this.
On a motion by Commr. Smith, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the Annual State Housing Initiatives Partnership (SHIP) Closeout Report for Fiscal Year 2019, and adoption of Resolution 2022-117 delegating signature authority to Ms. Maria AbdoulKarim, Director of Housing and Community Services, for execution of the Local Housing Incentives Certification.
tab 16: accepting roads into county’s maintenance system
Mr. Fred Schneider, Assistant County Manager, stated that this item regarded a subdivision in unincorporated Lake County which was approved by the BCC in the second or third phase of their plat. He indicated that Board policy had been that a developer had the option of whether to utilize private or public roads. He added that if they were public roads, then they would be maintained by the BCC, and if it was in a city, then it would be city roads.
On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Resolution 2022-118 accepting Crestavista Avenue "Part" (County Road No. 0654), Modica Street (County Road No. 0654A), Syracuse Drive "Part" (County Road No. 0656), Agrigento Street "Part" (County Road No. 0658), Noto Avenue "Part" (County Road No. 0658A), and Ragusa Way (County Road No. 0659) into the County's maintenance system.
tab 19: transfer of jurisdiction of blackstarr road
Commr. Campione recalled that a few meetings prior, an individual from Skate World had discussed trying to correct a road situation. She said that the County would be dedicating any ownership or public interest that they had in the road so that the City of Leesburg could work with Skate World to get their project done.
Ms. Melanie Marsh, County Attorney, commented that the County did not find any ownership or dedication of this 15 feet, and that the County was essentially conveying it to the City of Leesburg; therefore, the City was taking whatever interest the County may have so that this project could move forward and the City could bring utilities to it.
On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved an interlocal agreement between Lake County and the City of Leesburg, for the transfer of jurisdiction of a public right of way, previously known as Blackstarr Road. The interlocal will be considered by the Leesburg City Council on September 26, 2022.
recess and reassembly
The Chairman called a recess at 10:30 a.m. for five minutes.
public hearing: local provider participation fund
Commr. Parks asked to address Tab 25 at the current time.
Mr. Beaudet presented the public hearing on the new Local Provider Participation Fund special assessments. He provided the following background information: in January 2022, the Board adopted Ordinance 2022-2 creating Chapter 13, Article IV entitled “Local Provider Participation Fund”; the ordinance created a voluntary, non-ad valorem special assessment on private hospitals within the County, considered a provider tax; and the assessments were then used as non-federal matching funds to access federal funding to help recoup lost expenses of treating Medicaid patients. He said that federal requirements were that the provider tax must be broad based, uniform, and below six percent of the net patient revenue. He relayed that the four participating healthcare facilities included AdventHealth Waterman, LifeStream Hospital, Orlando Health South Lake Hospital, and Leesburg Regional Medical Center; additionally, the proposed rate was 4.49 percent, which would collect about $34 million, noting that remittance was due to the Florida Healthcare Administration by November 30, 2022.
The Chairman opened the public hearing.
Mr. Stefan Grow, a resident representing the local hospitals, said that this would be the first year of this program in Lake County, and that they wanted to express their gratitude for the ordinance and resolution. He added that this was a large step to help these hospitals address the Medicaid reimbursement gap.
Mr. Phil Braun, Vice President and General Counsel for University of Florida (UF) Health Central Florida, thanked the Board, and he mentioned issues occurring in hospitals and healthcare, such as the labor market and the cost of supplies and equipment. He mentioned that Medicare only possibly broke even, and Medicaid only paid about 50 percent per dollar. He mentioned that programs where they could draw down federal funding were important for the local community.
Mr. Lance Sewell, Chief Financial Officer (CFO) for Orlando Health South Lake Hospital, relayed appreciation for the Board’s support of this program, noting that it would continue to help provide the service for South Lake patients. He said that this was part of collaboration between local hospitals to provide the best care for their patients.
Ms. Laura McDonald, a concerned citizen, expressed support for the hospitals, and indicated gratitude that the Board would continue to support the medically needy in the community.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
Mr. Beaudet read the requested action for adoption of the Local Provider Participation Fund (LPPF) Assessment resolution for the fiscal year beginning October 1, 2022, and approval of the rate of assessment and the assessment roll.
Commr. Campione relayed her understanding that this item fell strictly on hospitals and not on the general public; furthermore, it was then remitted to the State and used for matching funds to draw down additional federal funds.
On a motion by Commr. Campione, seconded by Commr. Smith and carried unanimously by a vote of 5-0, the Board approved Resolution 2022-121 for the Local Provider Participation Fund (LPPF) Assessments for the fiscal year beginning October 1, 2022, and the rates of assessment and the assessment roll.
public hearing: ordinance 2022-38 lake county water authority
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 24-1, LAKE COUNTY CODE, ENTITLED HOUSE BILL 1105 (2022); AMENDING SECTION 24-5, LAKE COUNTY CODE, ENTITLED GOVERNING BOARD; OFFICERS; ADJUSTING THE STAGGERED TERMS FOR THE LAKE COUNTY WATER AUTHORITY; AMENDING SECTION 24-13, LAKE COUNTY CODE, ENTITLED BUDGET; MILLAGE LEVIED; PROCEDURE; ALIGNING THE BUDGET PROCESSES OF THE TWO ENTITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
Commr. Smith asked to clarify that this item was for the appointed board and their terms, and Ms. Marsh confirmed this.
Commr. Campione added that it was also to align their budgetary process with the County.
On a motion by Commr. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Ordinance 2022-38 amending Chapter 24, Lake County Code, entitled Lake County Water Authority, to adjust the staggered terms for members of the Lake County Water Authority to coincide with the terms of the Board of County Commissioners and to align the two entities' budget processes.
lake county water authority proposed budget and millage
Mr. Benjamin Garcia, Interim Executive Director for the LCWA, presented the FY 2023 tentative budget and proposed millage rates for his organization. He commented that in September 2022, the LCWA Board members adopted the same millage rate as in the previous year, which was 0.3229 mills; additionally, the rollback rate was 0.2937 mills. He indicated that the current 2022 certified taxable values were a 15.22 percent increase, and that adopting the 0.3229 millage rate would yield $9,159,937 total levied taxes for a total budget of $22,958,493. He provided the following budget summary information: they had a reserves total of $2,675,000, including $1.6 million for alum contingency and slightly over $1 million for self-insurance, equaling 11.65 percent of the total budget for the reserves; their operating costs had been reduced to 6.62 percent of the budget total in all departments except for IT and water resources; the Hickory Point Park operating costs had been reduced by 68 percent with a capital cost of only $185,000 and a total budget of only $250,000, noting that this did not include the $1.3 million they had for the boat ramp repairs and operations, which was part of water resources; and the natural resources operating cost was only $185,000 with $143,000 for capital improvements, noting that 69 percent of the property they managed was related to the ecosystem for water resources, such as wetlands and shorelines. He elaborated that there were maintenance control programs on these properties, such as prescribed burning, mowing, trail clearing, and property boundary protection. He relayed that most of their preserves included passive recreation such as hiking, camping and canoeing, and that there were six preserves open to the public, three preserves which were partially open, and one preserve that was soon to be open at the beginning of the following year. He explained that their budget reflected a deviation in their staff, and that they had a 26 percent reduction in their salary costs due to the transitional loss of five full time positions, not including the executive director, because of retirement and the transfer of the Nutrient Reduction Facility (NuRF). He added that they included a 2.5 percent cost of living increase, and up to a two percent merit increase based on evaluations; additionally, there were two vacant positions in the budget. He said that the LCWA had over $4.5 million in aids to government agencies, including $1.2 million for stormwater projects. He also indicated that the budget had about $656,000 for six marine deputies, with four from the Lake County Sheriff’s Office (LCSO) and two from the City of Clermont to promote boating safety and provide waterway protection for boaters in the county. He commented that in the following year, their budget had an approximately 50 percent increase in water resources projects.
Mr. Jason Danaher, Water Resources Director for the LCWA, provided information on the following water resources projects that they would be working on in the following year: Hickory Point Boat Ramp Improvements for $1.3 million, noting that they had applied for a federal grant and had a good chance of receiving funds which could pay up to $975,000; NuRF alum for $3.6 million, noting that there was a price increase of 35 percent since 2022; removal of NuRF alum residual for $1 million; Lake Yale restoration for $2 million, noting that they had discussed this with the Florida Department of Environmental Protection (FDEP) to move the project forward; Stormwater Grant Program for $1.2 million; and the Clermont Chain of Lakes for $1 million with regards to aquatic weed control.
Mr. Garcia stated that LCWA staff would provide the BCC with a more detailed budget and report in the following year as part of a new workshop process, and said that their focus in the current year had been water resources and the presented projects. He commented that for the transition, the future management and operation of the Hickory Point Park would be up for discussion, and for the NuRF, the facility had been transferred to a private contractor; therefore, there was an increase in the operational costs, though it would yield a decrease later on in the budget savings. He mentioned that the discussion would include County provided services such as legal, IT, human resources (HR), procurement, budget and others, noting that these services could improve efficiency and save money. He related that in the past week they had the LCWA tentative budget millage rate approval, and that on the current day with BCC approval, they could move forward and present the budget to the LCWA Board members on September 21, 2022.
Commr. Campione asked about natural resources operating costs only being $185,000 with $143,000 in capital costs, and she also inquired about their operating and capital costs in the previous budget cycle.
Mr. Garcia explained that they had several construction costs throughout some of the preserves, including signage and acquiring equipment that they were currently using. He added that they lost their natural resources director in the transition, and that his salary was removed from their operating costs.
Commr. Campione asked about their plan for continuing this and about the LCWA reducing their operating costs for Hickory Point by 60 percent.
Mr. Garcia responded that they were able to fill this position with Ms. Tracy Hauserman, who was experienced with these properties. He added that for Hickory Point, they had many expenses which were not properly maintained, and that in the previous year they had a significant amount of investment into the park; therefore, they did not have these expenses in the current year, and their budget only showed the regular operating costs. He indicated that this was sufficient to keep up with the maintenance, and he also said that two staff members who used to be part of the park were now under the field services staff and could rotate to keep up with the park and cooperate with other areas in the agency.
Commr. Campione inquired if the reductions in their departments other than water resources and IT were reflective of the NuRF change, or if they were positions that had not been filled at the same salaries as before.
Mr. Garcia clarified that the NuRF was part of water resources and would be reflected there. He stated that Hickory Point Park, the natural resources department, and the fuel services department showed a reduction in operating costs.
Ms. Marie Baldomero, Financial Coordinator for the LCWA, commented that they saw some reductions in costs through repair and maintenance, and that it looked like they did more of this in the previous year.
Commr. Smith asked if some of the reductions and efficiencies were from the collaboration between the County and the LCWA.
Mr. Garcia replied that this was not reflected in the budget because they did not know which services the LCWA would utilize; however, this would be presented at the next LCWA Board meeting and would be reflected in the next year’s budget.
Commr. Smith asked to confirm if the LCWA eliminated its executive director position.
Mr. Garcia said that they budgeted his salary out of the administrative salaries and that in the following week, the LCWA Board would decide if they wanted to keep him for another year; therefore, they did not need the executive director salary in the way they had it previously budgeted.
Commr. Smith relayed his understanding that the salary was $183,200.
Mr. Garcia added that they had also removed some of the salaries from the transitional loss of staff.
Commr. Smith inquired if the NuRF contract was pay for performance, and Mr. Danaher replied that it was a straight contract. Commissioner Smith then asked if it would cost $1.5 million to remove the material from the NuRF, and if there had been any conversations with companies who may be able to utilize that material and remove it for no cost.
Mr. Danaher commented that they had some conversations and that they would be presenting a proposal to the LCWA Board for this purpose; additionally, the funding for this item could potentially be eliminated depending on the agreement.
Commr. Shields asked how they addressed reserves moving forward, noting that the County had reached its recommended level of reserves and that the LCWA had its own reserves.
Ms. Barker explained that the LCWA’s reserves would not be part of the calculation of the County’s General Fund reserves because it would be a separate fund and handled as a separate reserve balance. She commented that the LCWA did not have a policy for a minimum level of reserves, noting that 16.5 percent of the operating budget was typically what the Government Finance Officers Association (GFOA) recommended, which would be about 2.5 months of operating costs.
Commr. Parks asked about this item if LCWA was a County department.
Ms. Barker responded that it would still be a separate fund because it was funded by a separate millage; therefore, it could not be comingled with the General Fund. She added that the General Fund reserves was the only reserve that they had a policy on, which was a goal of seven to 12 percent of operating costs, noting that it was also the only reserve that was addressed by the outside auditors when they presented in the April or May timeframe.
Commr. Smith expressed interest in the LCWA Board reducing their millage at least a small amount instead of it being neutral, and Commissioner Blake said that he would also be in favor of this. Commissioner Smith then noted that the BCC received the LCWA budget late in the current year; however, in the following year they would be receiving it in July 2023 and would have more time to consider it. He opined that currently, the BCC had to go with what the LCWA had and just recommend that they reduce the millage rate.
Commr. Campione agreed, and she was unsure of what recommendation to make on this amount. She expressed concerns for the possibility of there not being enough funding budgeted to address the needs of natural resources, Hickory Point, etc.; however, she thought that some reduction would be welcomed since it appeared that they had a significant amount of cash to move forward and their reserves looked healthy.
Commr. Parks inquired what a $500,000 reduction would look like.
Mr. Garcia replied that it could possibly be removed from the alum contingency fund, noting that this fund was in case of emergency if they had a hurricane or storm system where they had to treat more. He added that another area where they could possibly have some savings would be the contingency reserve.
Commr. Shields asked if the BCC could use their own funds to address issues with the LCWA.
Ms. Barker said that there was a wall between the budgets; however, there was the potential of a staff services agreement for the LCWA to provide funding for staff services.
Commr. Campione expressed that she would not be in favor of removing funding from the alum funds due to the possibility of having multiple storms, and she not think that this was a wise thing to do until they got further in their NuRF contract. She opined that they should be conservative for the current budget, and said that she preferred to see funding come out the contingency fund rather than the alum fund. She thought that going forward, there might be some ways where they could find savings for some of the types of operational costs that the County had versus the costs in the LCWA’s budget.
Mr. Garcia suggested that there could also possibly be some savings with Lake Yale alum treatment, noting that they could scale this.
Commr. Campione mentioned the possibility of FDEP changing their policy and of there being opportunities for other water bodies in the county that they could take advantage of for alum treatments.
Commr. Parks relayed his understanding that the BCC wanted a reduction and that the $500,000 number was proposed, though the BCC also wanted to respect the process with the LCWA Board.
Mr. Marty Proctor, Chairman of the LCWA Board, commented that there had been a significant amount of deferred maintenance which was not done, such as Hickory Point, though Hickory Point was currently ready to be operated as park instead of a preserve due to the work that had been done. He opined that the majority of operation of the NuRF was fixed cost; however, the variable aspects had performance enhancements, noting that they received a direct benefit as the rate of alum consumption was controlled and reduced. He mentioned that they created the opportunity for substantial enhancements to the NuRF to enable real time monitoring and modulated flow of the chemicals, noting that these were large opportunities to save. He said that he was unsure about weather, and that they did not know what would happen with the mechanical and process improvements. He stated that in the following year, they would have had one year of privatization of the NuRF and another year with the parks and the preserves being caught up. He added that the LCWA Board was willing to do what the BCC wanted, and he thanked the BCC for the guidance and clarification.
The Chairman opened the floor for public comment.
Mr. Mike Perry, a resident of the Town of Howey-in-the-Hills, said that he had previously been the LCWA Executive Director for 20 years. He commented that in the past year, the same millage rate resulted in an increase of revenue of slightly over $1 million. He added that when he was with the LCWA, they took pride in not increasing the revenue beyond the previous year, and he requested to try to do this. He mentioned that there was $150,000 in the budget to fund an item at the Lake County Historical Museum, and he was unsure why the LCWA needed to be involved with this, opining that a small amount of funding could also be taken off each item. He thought that they could continue to do their projects and try to save funding for new projects, and he expressed interest in reducing the additional revenue and the millage rate. He offered his assistance, and he relayed his understanding that many senior technical staff were no longer at the LCWA.
Commr. Campione asked about the Lake County Historical Museum item.
Mr. Proctor explained that it was a request made by one of their elected Board members early in the process, and that it was approved by the LCWA Board at that time; furthermore, it was carried forward into this budget. He elaborated that the LCWA was told that there was an opportunity to have a water related section included in the museum in downtown City of Tavares, and they put a placeholder in the budget for this item.
Commr. Campione mentioned that water resources was a large part of their history and future; however, she opined that it was a large amount of funding.
Mr. Proctor agreed, and he said that anything that they would spend had to come before the LCWA Board, and until then it just remained a number on the budget.
Commr. Parks indicated his understanding that the intent was to have something like a model aquifer to display, and it was likely far less than $150,000.
Mr. Proctor remarked that the LCWA Board would vet this carefully before agreeing to any expenditures.
Commr. Blake opined that this was a good year for any elected board in the county to consider a rollback millage rate to lessen the impact on the taxpayer.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.
Mr. Barker said that staff had a resolution for BCC approval to recommend a millage rate, noting that the rollback rate was 0.2937 mills, and the current proposed rate was 0.3229 mills. She added that this was the BCC’s presentation of this item, and it would go back to the LCWA Board for final adoption.
Commr. Smith noted that the BCC had not been through any of the LCWA’s budget workshops, and there could be many items that the BCC was unaware of. He made a motion to authorize the LCWA proposed millage rate, with the request to reduce it by any amount they could.
Commr. Shields seconded the motion.
Ms. Barker clarified that the BCC would be sending a recommendation of a maximum millage rate, but would be requesting that the LCWA reduce it.
Commr. Parks asked when the BCC would know the amount they decided, and Ms. Barker replied that it would be at the next LCWA Board meeting on September 21, 2022; furthermore, she could attend that meeting. Commissioner Parks then mentioned that he could also attend, and pointed out that it would be before the BCC’s final budget hearing.
Ms. Barker added that staff could let the BCC know what the final adopted rate was at their final budget hearing, but the BCC would not have to take any action.
On a motion by Commr. Smith, seconded by Commr. Shields and carried by a vote of 3-2, the Board approved Resolution 2022-122, with the request that the Lake County Water Authority reduce the millage by any amount they could.
Commr. Campione and Commr. Blake voted no.
discussion on hickory point
Commr. Smith said that he had an idea to move the Office of Parks and Trails from the building on Woodlea Road to the current LCWA building, to move the LCWA into the County Administration Building, and to move the Office of Probation Services from across the street from the City of Tavares public safety complex into the Woodlea Road building; additionally, the County could sell that property to the City of Tavares for their first responder park. He mentioned that the City of Tavares had discussed creating the first responder park because it was next to the Lake County Emergency Operations Center (EOC) and the City of Tavares public safety building, noting that it was also a great gateway into the city.
Commr. Campione expressed that she liked the idea of selling that property to the City of Tavares, and for the LCWA building being use for parks and natural resource related programs.
Commr. Smith recalled that he had inquired about the LCWA Executive Director salary because he was unsure why they could not just have a water division, a parks division and a recreation division, doing away with the LCWA Executive Director position and saving that funding. He added that they could let whoever was over parks and recreation take over the water division and help run the LCWA.
Commr. Campione said that she would want to look comprehensively at the County’s lands and natural resource programs, along with the LCWA’s programs, to find synergy so that the same personnel were working toward these items. She added that active parks could be in another category, and that it seemed that there could be some savings and synergy between water resource management and Public Works Department stormwater and water quality programs.
Commr. Parks stated that he had asked Ms. Barker if there was a plan to integrate the County and the LCWA.
Ms. Barker explained that they had currently been considering a staff services agreement with LCWA staff for assistance in administrative areas, and that the LCWA would have to adopt the County’s policies for the County to take over this role. She mentioned that by doing this, the LCWA would almost be a County department, and that Mr. Garcia had also indicated a willingness for the County to look at the active parks. She inquired if the BCC would like for the LCWA to be departments within the County function and maintain a separate board and millage; additionally, LCWA employees would become County employees, but still serve in their current capacity.
Commr. Smith indicated interest in this if it was possible, opining that there were great professionals with the LCWA and that the County needed to retain them; however, there were some things that the County could do to enhance the productivity and the quality for everyone.
Ms. Barker commented that she could reach out to Mr. Garcia and Ms. Marsh to see what needed to be done.
Commr. Parks said that the LCWA Board would still be there, and that he did not want people to think that individuals were losing jobs, noting that the BCC wanted to see the plan first.
Commr. Shields asked if the County could review best practices and benchmarking for how other Counties were managing their water resources.
Commr. Campione recalled there being self-insurance funding in the LCWA presentation, noting that it could bring their employees under the County.
Ms. Barker stated that the County was considering this because the LCWA had indicated a need for services with HR, including risk. She mentioned that BCC consensus was sufficient, and that she could reach out to the LCWA and begin working on some steps.
public hearing: ordinance 2022-39 REGARDING animals
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 4-2, LAKE COUNTY CODE, ENTITLED SCOPE; AUTHORIZING THE COUNTY TO ENFORCE ITS ANIMAL SERVICES CODE IN THE CITY OF MOUNT DORA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.
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.
Commr. Campione thought that this was a great way to have continuity throughout the entire system.
On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Ordinance 2022-39 amending Section 4-2, Lake County Code, entitled Scope, to add the City of Mount Dora to the list of communities to which Chapter 4, Lake County Code entitled Animals, is applied and enforced.
public hearing: resolution 2022-119 solid waste assessments
Ms. Allison Teslia, Director for the Office of Management and Budget, presented the public hearing for the Solid Waste Assessments. She provided the following information about the assessments: used to fund collection, management, and disposal of residential solid waste and recovered materials in unincorporated Lake County; assessment rates must be set annually and are included on truth in millage (TRIM) notices; vacant lots could not be assessed; amounts could not be used to fund countywide services such as landfill operations, convenience centers and hazardous waste disposal; and the rates were based on area and service level. She stated that the proposed rates for FY 2023 reflected a $6 increase, which was presented to the Board in May 2022. She displayed a chart with current and proposed rates, pointing out the proposed rates for individuals who received pickup once or twice per week.
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.
Commr. Campione opined that the Board had to do this, and that they were experiencing what it cost to pay for these contracts, in addition to dealing with the rising costs.
On a motion by Commr. Campione, seconded by Commr. Smith and carried by a vote of 4-1, the Board approved Resolution 2022-119 for Solid Waste Assessments for the fiscal year beginning October 1, 2022, and the rates of assessment and the assessment roll.
Commr. Blake voted no.
public hearing: resolution 2022-120 fire assessments
Ms. Teslia presented the public hearing for the fire assessment. She provided the following information: the fire assessment was used to fund fire protection services, such as fire suppression, fire prevention, fire building inspections, and basic life support (BLS) services; it could not be used to fund advanced life support (ALS) services; the assessment rates were calculated based on call data and the distribution of incidents, the allocation of resources and budget, and the proportionate share of land use; and the estimated revenue for FY 2023 was about $25.6 million. She said that Benesch conducted an annual technical study using the most recent budget information, call data, and distribution of resources, and she displayed the calculated rates which were presented to the Board in May 2022. She relayed that staff was not recommending any changes to the fire assessment and the fire Municipal Service Taxing Unit (MSTU) rate for FY 2023.
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. Smith, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved Resolution 2022-120 for Fire Assessments for the fiscal year beginning October 1, 2022, and the rates of assessment and the assessment roll.
appointments to the women’s hall of fame selection committee
Ms. Barker noted that they still had a vacancy in Commission District 1, and that the County had not received any applicants.
Commr. Blake said that in the future, this could possibly be a private item and not a government function.
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 5-0, the Board approved to appoint members to the Women's Hall of Fame Selection Committee as follows: Ms. Mary Butts Kelly for District 2; Ms. Nan Cobb for District 3; Ms. Tracy Belton for District 4; and Ms. Jean M. Martin for District 5.
commissioners reports
commissioner smith – vice chairman and district 3
son’s birthday
Commr. Smith related that his son was born on September 13, 1994.
national peanut day
Commr. Smith said that it was National Peanut Day.
commissioner parks – Chairman and district 2
florida association of planners meeting
Commr. Parks relayed that he had the chance to speak at a Florida Association of Planners meeting, noting that he, Mr. Bobby Howell, Director for the Office of Planning and Zoning, and Ms. Mary Ellen Stern, Director for the Office of Elevate Lake, spoke about Lake County. He elaborated that the theme of the presentation was “Lake County: Will We Be Another Suburb of Orlando?,” and said that they highlighted what made Lake County unique, along with some next steps to try to preserve their identity moving forward.
9/11 ceremonies
Commr. Parks stated that he appreciated the ceremonies around the county for 9/11.
recess and reassembly
The Chairman called a recess at 11:55 a.m. until the 5:05 p.m. Budget Public Hearing.
5:05 BUDGET PUBLIC HEARING
introduction and city of eustis project
Commr. Parks said that this would be the first of two Lake County BCC budget hearings.
Ms. Barker recalled that during the budget process which began in February 2022, they had nine budget workshops with the Board, and numerous budget workshops internally with various departments. She added that the budget was built using a status quo millage rate, and that the minimum wage was increased from $12 per hour to $13 per hour; additionally, wage adjustments were made throughout the County to address compression issues. She indicated that the General Fund reserves had increased to 21 percent of the operating budget, and that this included $2.5 million in the General Fund which had been set aside for road resurfacing. She remarked that the proposed budget also fully funded all of the County departments, the Constitutional Offices, and judicial support.
Commr. Parks relayed that he had met with the Lake County Sheriff, noting that the Sheriff was proposing a $600,000 reduction to his initial budget. He mentioned that there were concerns about the County funding road projects out of the General Fund, and he noted the County’s commitment over the past year to provide more funding from the General Fund for road projects.
Ms. Barker indicated that the County had received a request for a meeting with the City of Eustis to discuss the revitalization of the Rosenwald Gardens area within the city limits. She elaborated that the City was currently working on a design for a utility extension down Coolidge Road, and on each side of the road there was a side that was County roads and a side that was City roads. She mentioned that the City had asked if the County would partner with them in the revitalization efforts of those roads, noting that it would include resurfacing and adding curbs and signage. She said that staff had discussed the possibility of looking into funding, and that it would likely be a seven to eight month project for the design process and utility extension, with construction occurring in about one year. She commented that they had discussed the possibility of looking for funding options in the following budget year; however, with this $600,000 reduction in the Sheriff’s budget, staff could assign a project number to this item if the Board would like to allocate the funding toward the project. She also asked if the Board would like to move forward with a partnership with the City in funding this item, stating that she believed it could be about a $4 million project total for both the City and the County with a likely 50/50 split between the entities. She said that she could work on an agreement with the Eustis City Manager for the partnership.
Commr. Parks stated that he had a meeting with the City of Eustis on the previous Friday to review this proposal, and he mentioned hopefully moving forward with a Community Development Block Grant (CDBG) to possibly fund most of this.
Ms. Barker commented that this was one of the options, but the City of Eustis was not currently an urban partner of the County; therefore, they would not be able to apply for CDBG funding. She indicated that the City had expressed interest in becoming a County urban partner, and the County had been working with them for this process. She said that in the spring when CDBG funding would be available, the City would be able to apply for funding that they could use for these projects. She requested Board direction to move forward on a partnership with the City.
Commr. Smith related that he liked the idea of a partnership and the CDBG. He relayed his understanding that the Board could give the $600,000 a project number, and he also asked if it could be placed in the General Fund reserves in case the project came in under or over budget.
Ms. Barker confirmed that they could apply the reserves to anything, and the $600,000 could be included with the $2.5 million for road resurfacing.
Commr. Smith added that it would be with the understanding that the funding would be used for roads, noting that the County did not know the total cost of this project. He opined that it be a worthy project for cooperation between the City of Eustis and the County.
Commr. Blake said that he had no issue partnering with the City of Eustis on this item, and he opined that the $600,000 reduction from the budget increase request was not found funding; rather, the Sheriff’s budget was a $13.6 million increase request over the previous year’s budget, noting that it was a 15 percent increase. He expressed interest in shifting funding from the Infrastructure Sales Tax to have less impact on the actual budget.
Commr. Parks confirmed that the Sheriff had proposed an increased budget over the previous year, and that the $600,000 would come off that and shift to the County.
Commr. Campione agreed with Commissioner Smith regarding placing the funding into reserves with the other transportation funding. She thought that the County needed to understand more about the project rather than making a commitment at the current time.
Commr. Shields relayed his understanding that the Board had consensus to move forward.
Ms. Barker said that they could move forward with a resolution regarding the City of Eustis and County working together, and once staff had a total estimated cost and what the split would be, she could bring this information back to the Board.
Commr. Campione stated that it could include conditions such as the City of Eustis becoming an urban partner under the CDBG, noting that there were other areas where CDBG funding could be helpful to the City.
PRESENTATION OF tentative MILLAGE RATES and
tentative budget
Ms. Teslia said that this was the first of two public hearings that were required per the State statute, and she reminded the Board that this was for millages and budgets overseen by the Lake County BCC, and that information for the Lake County School Board or any other taxing authority in Lake County was available. She indicated that current meeting was to present the proposed millage rates and their change from the rollback rates, and the tentative budget for FY 2023. She commented that the State’s definition of the rollback millage rate was a rate that, when applied to the next year’s tax base, excluding new construction, would generate the same revenue as was raised in the previous year. She said that following the public hearing, the Board would have four actions to adopt the tentative millage rates for FY 2023, adopt the changes to the recommended budget, approve the FY 2023 tentative budget, and approve the public hearing date for final adoption. She presented the final property values for FY 2021 and compared them to the FY 2022 certified values. She elaborated that the countywide values reflected an overall increase of approximately $4 billion with $1.2 billion in new construction, and that the countywide millages included the General Fund, the Ambulance MSTU and the Public Lands Voted Debt Service. She added that the values for the Stormwater, Roads and Parks MSTU had an increase of approximately 14.23 percent, and the Fire Rescue MSTU had an increase of 15.56 percent partly due to coverage area expansion into the City of Mascotte; furthermore, the final property values would be available on October 1, 2022. She commented that Chapters 129 and 200, Florida Statutes, outlined the procedures for the annual adoption of tax rates and budgets, and that it required her to identify the proposed millage rates for the 2023 fiscal year, as well as any adjustments the Board would consider. She provided the following proposed millages: the proposed FY 2023 Lake County General Fund operating millage was 5.0529 mills, which was equal to the FY 2022 rate and was a 9.95 percent increase over the rollback tax rate of 4.5958 mills; the proposed FY 2023 Lake County Ambulance MSTU millage was 0.4629 mills, which was equal to the FY 2022 rate and was a 9.95 percent increase over the rollback tax rate of 0.4210 mills; the proposed FY 2023 Lake County Stormwater, Parks and Roads MSTU millage was 0.4957 mills, which was equal to the FY 2022 rate and was a 10.87 percent increase over the rollback tax rate of 0.4471 mills; and the proposed FY 2023 Lake County Fire Rescue MSTU millage was 0.5138 mills, which was equal to the FY 2022 rate and was a 11.67 percent increase over the rollback tax rate of 0.4601 mills. She commented that based on calculations by the Florida Department of Revenue (FDOR) on the DR-420 Certification of Taxable Values, the current year proposed aggregate rate was 6.0056 mills, which was 9.52 percent over the aggregate rollback rate of 5.4838 mills. She indicated that the Public Lands Voted Debt Service millage did not figure into the rollback calculations as it was approved by a referendum, and that the proposed FY 2023 Public Lands Voted Debt Service millage is 0.0918 mills, which was no change from the FY 2022 rate. She displayed a slide showing the effects of inflation over the past several years, noting that the purchasing power gap increased year over year due to the annual consumer price index (CPI) versus the ad valorem revenue collected. She explained that the proposed tentative budget, as presented, included the following: a General Fund millage of 5.0529 mills for the estimated ad valorem revenue; the approved project list for the Infrastructure Sales Tax; fully funded Judicial Support, the Constitutional Offices and County departments; and reflected a General Fund reserve total of $38.9 million, or 21.71 percent of the operating budget, which included a $2.5 million special reserve account for road resurfacing. She said that there were some items recently approved that staff would also bring back some items at the next public hearing that were not ready in time for the preparation of this document. She showed the position requests for FY 2023 and commented that there were 12 new positions being proposed which included the following: six firefighter/emergency medical technicians (EMTs); an office associate which was a conversion from a part time to a full time employee; converting three limited term probation positions to permanent positions; and adding two positions for the Office of Housing and Community Services.
public hearing
The Chairman opened the public hearing.
Mr. Thomas Criscuolo, a resident of unincorporated Lake County near the City of Eustis, asked about the procedure for garbage pickup for branches and trees that had fallen, and why it could sometimes take weeks for these items to be picked up.
Commr. Parks mentioned that the haulers were struggling with personnel and equipment, noting that residents were supposed to have regular pickups. He thought that there could possibly be size requirements, and that Mr. Criscuolo could possibly meet with staff about this issue.
Ms. Barker said that Ms. Mary Hamilton, Operations Director for the Public Works Department, could help him.
There being no one else who wished to address the Board regarding this matter, the Chairman closed the public hearing.
MILLAGE RESOLUTIONS
Commr. Parks opined that the Board could wait to see any budget changes from the LCWA before doing anything with the General Fund millage rate.
Commr. Smith commented that the Board could possibly change the impact fees, and he asked that if they did this, then could they reduce the millage on some of their other opportunities.
Ms. Barker clarified that the impact fees did not pay for the items that these budgets did; rather, impact fees paid for increased capacity and construction of new roads. She said that these budgets were for operating or capital expenditures.
Commr. Smith inquired if the impact fees could pay for ambulances, and Ms. Barker replied that the fire rescue impact fee could do this. Commissioner Smith then relayed that he would like to see a reduction in the millage rate.
Commr. Campione asked if he would like to see a reduction in the category he just referenced, and she expressed interest in reviewing what was built into the Fire Rescue MSTU and the budget for the purchase of ambulances versus the number of ambulances which could be purchased based on the impact fee study. She thought that they needed to consider both of these items together before making a decision that could potentially result in an inability to purchase ambulances. She said that she was in favor of a millage reduction, but she would rather consider these items together to ensure that they were not putting themselves in a situation where they could be unable to make the transition with public safety.
Commr. Smith added that they were making personnel and operational changes to help with efficiencies in the Offices of Fire Rescue and Emergency Medical Services (EMS). He indicated that he would be amicable with finding a reduction in the General Fund.
Commr. Shields recalled that he supported raising impact fees so that they could protect their current residents, and he stated that they could possibly have these answers by the next BCC meeting.
Commr. Parks noted that impact fees were for capital expenses only, and said that he had expressed caution about the General Fund because operationally, they had a constitutional requirement to keep raising the minimum wage; additionally, they were committing more funding for roads. He referenced the slide regarding purchasing power, and he said that the County was capped at three percent homestead and 10 percent commercial; therefore, they were trying to catch up. He expressed concerns for the acceleration of the purchasing power gap, and he recognized wanting to show respect to the taxpayer with a millage reduction; however, he opined that they had to be careful and that they needed to consider it more, particularly in light of what the LCWA was going to do with regards to lowering their millage.
Commr. Campione related that between the current and following meetings, they could review some scenarios for considering what the LCWA did and also reducing a certain amount from the County’s budget to see the reduction in millage.
Commr. Shields pointed out that the reserves were currently above the recommended amount.
Ms. Barker confirmed that they were at 21 percent of the operating budget, which included $2.5 million for road resurfacing. She added that 16 percent of the operating budget is what the recommendation was, and that the BCC had discussed staying around 20 percent over the past several months.
Commr. Parks said that he had advocated for 20 percent, and with going above it, there could be some opportunity to do something with roads or a millage reduction.
Commr. Campione recalled that there was an issue of being able to spend money for roads in a timely manner because of the difficulty of getting materials and contractors to do the work. She said that she would not want to add more to reserves due to the current economic situation, and also that the County had to address the minimum wage issue in future budget cycles, opining that this was another reason to be conservative with the millage.
Commr. Smith thought that the Board worked hard to get the reserves to where they were, opining that the reserves were currently in a comfortable state when they were not in this state about 1.5 years prior. He agreed that they did not need to increase reserves, but he opined that they did not need to decrease reserves either.
Commr. Parks thought that from a business continuity standpoint, the reserve was great at 20 percent. He questioned if reserves that exceeded this should go to a road project.
Commr. Campione thought that if they had a particular project they were working on in an upcoming budget cycle and that they were using a certain amount of funding from the General Fund, then this could possibly make sense, but she opposed setting funding aside and being unsure if they would use it. She pointed out that the proposed millage rates were the same as in the current year, though a chart in the presentation had indicated the amount of revenue that exceeded the rollback rate. She added that the Board could make a reduction in the millage at the next budget meeting.
Commr. Shields opined that it would be safest to leave the millages as displayed, and then receive more information and make their final decision at the next meeting.
Commr. Parks added that this was what he was suggesting.
Commr. Campione stated that she was supporting this millage at the current meeting, but her intention was to vote in favor of a reduction at the next meeting.
Commr. Shields made a motion to approve the tentative millage rates as presented for FY 2023, and Commr. Campione seconded the motion.
Commr. Smith reiterated that he could not support the same millage rate as the previous year, opining that they could reduce it.
Ms. Barker asked if he wanted a reduction in the revenue total.
Commr. Smith inquired if they could reduce the revenue by $500,000 to $700,000 and see what the millage impact would be, noting that he would be amicable with this.
Commr. Parks expressed support for the current motion, relaying his understanding that the millage rate would change.
Ms. Teslia indicated that the General Fund millage rate would be 5.0365 mills with a $500,000 reduction, and that a $1 million reduction would be 5.0201 mills.
Commr. Shields asked where this funding would be reduced from.
Ms. Teslia replied that they would be reducing it from the reserve; however, in both scenarios the reserve would still be over 21 percent of the operating budget.
Commr. Blake added that it did not have to come out of reserves, and that the Board could reduce the requested increases from any number of places.
On a motion by Commr. Shields, seconded by Commr. Campione which failed by a vote of 2-3, the Board did not approve the tentative millage rates as presented for FY 2023.
Commr. Campione, Commr. Smith and Commr. Blake voted no.
Commr. Smith made a motion to approve a tentative millage rate for the Lake County General Countywide Levy at 5.0365 mills, and try to reduce it from there, including looking at places other than reserves.
Ms. Teslia indicated that this would be a $500,000 reduction.
Commr. Campione seconded the motion.
Commr. Parks said that he would be voting against this, indicating that he expected a reduction at the final budget hearing; however, he wanted to see what the LCWA was going to do, and he wanted to see something more specific than a $500,000 reduction.
On a motion by Commr. Smith, seconded by Commr. Campione which failed by a vote of 2-3, the Board did not approve a tentative millage rate for the Lake County General Countywide Levy at 5.0365 mills.
Commr. Blake, Commr. Parks and Commr. Shields voted no.
Commr. Blake made a motion to adopt the rollback rate for every tentative millage, but the motion died due to the lack of a second.
Commr. Parks proposed addressing the other four millages at the current time.
On a motion by Commr. Campione, seconded by Commr. Smith and carried by a vote of 4-1, the Board approved a tentative millage rate for the Lake County Municipal Services Taxing Unit (MSTU) for Ambulance and Emergency Services Levy at 0.4629 mills.
Commr. Blake voted no.
On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 4-1, the Board approved a tentative millage rate for the Lake County MSTU for Stormwater, Parks and Roads Levy at 0.4957 mills.
Commr. Blake voted no.
On a motion by Commr. Campione, seconded by Commr. Shields and carried by a vote of 4-1, the Board approved a tentative millage rate for the Lake County Fire Rescue MSTU Levy at 0.5138 mills.
Commr. Blake voted no.
On a motion by Commr. Campione, seconded by Commr. Shields and carried unanimously by a vote of 5-0, the Board approved a tentative millage rate for the Lake County Voter Approved Debt Levy at 0.0918 mills.
Commr. Campione said that if Commissioner Parks’ goal was to find a reduction, then they could reduce the revenue by $500,000 at a minimum.
Commr. Smith made a motion to approve a tentative millage rate for the Lake County General Countywide Levy at 5.0364 mills.
Commr. Campione seconded the motion. She opined that the Board needed to move this item forward, and that this was a reasonable reduction; additionally, they might be able to have a larger reduction.
Commr. Smith commented that this reduction could highlight where the County could consider reducing some of the costs. He relayed his understanding that the County also knew that the LCWA would likely reduce their millage; therefore, the total millage for the residents would decrease even more that the currently proposed millage rate decrease.
Commr. Campione added that if they were able to work on the items with the LCWA which were discussed at the current meeting before the next budget cycle, then they could possibly find additional savings by combining some of their operations and accomplishing more.
Commr. Parks mentioned that he would like to have the millage rate decreased, and he expressed interest in the County being able to utilize the sales tax more, rather than only using property taxes; however, they could not do this legislatively. He expressed concerns for the increase in the minimum wage and trying to keep up with the costs of providing services, noting that the County staff was currently not what it was before the Great Recession, even with 100,000 more people in the county. He opined that the Board should exercise caution on this.
On a motion by Commr. Smith, seconded by Commr. Campione and carried by a vote of 3-2, the Board approved a tentative millage rate for the Lake County General Countywide Levy at 5.0364 mills.
Commr. Parks and Commr. Blake voted no.
SUMMARY OF CHANGES TO THE FY 2023 RECOMMENDED
BUDGET
Ms. Teslia remarked that since the approval of the recommended budget in July 2022, there had been the following changes for the County Departments and Offices: updated the fund balance and revenue projections; the Infrastructure Sales Tax approved project list was approved on August 23, 2022; re-budgeted capital projects such as road resurfacing and construction; purchase order (PO) carryforward estimates had been incorporated, which was about $15.2 million and also included the hospital assessment approved at the current meeting for $34.1 million; grant awards were included, such as a $3.5 million grant for the Office of Fire Rescue; and miscellaneous changes and adjustments such as for Lake Economic Area Development (LEAD), the East Central Florida Regional Planning Council (ECFRPC) and Strong Towns. She mentioned that a summary of changes for Constitutional Offices included the following: the Lake County Tax Collector submitted his budget request on July 28, 2022 and it included a three percent wage adjustment in line with the BCC, hardware and software system improvements; and capital equipment purchases; the Lake County Sheriff’s Office increase for the school resource deputy (SRD) services and utilities which was brought to the Board in the previous month; and there was an increase of $140,000 for an access control project that Judges Technology requested. She mentioned that the recently approved Lake County Supervisor of Elections lease at the Sears building would be included in the second public hearing. She relayed that the total increase to the General Fund was about $802,000, and requested approval to adopt the changes to the FY 2023 recommended budget totaling $63,224,667.
On a motion by Commr. Smith, seconded by Commr. Shields and carried by a vote of 4-1, the Board approved to adopt the changes to the FY 2023 recommended budget totaling $63,224,667.
Commr. Blake voted no.
FY 2023 TENTATIVE BUDGET
Ms. Teslia stated that the requested action was for approval to adopt the FY 2023 tentative budget totaling $728,926,021.
Commr. Shields made a motion to approve this item.
Commr. Smith seconded the motion and asked if the total tentative budget included the original millage rate.
Ms. Barker confirmed this.
Commr. Smith relayed his understanding that it could not be this number.
Commr. Parks indicated that the budget would be around $500,000 less.
Ms. Teslia relayed that the reduction would be $501,448, and that the tentative budget would total $728,423,573.
On a motion by Commr. Shields, seconded by Commr. Smith and carried by a vote of 4-1, the Board approved to adopt the FY 2023 tentative budget totaling $728,423,573.
Commr.
Blake voted no.
FINAL BUDGET HEARING
Ms. Teslia requested approval to hold a public hearing for the final adoption of the FY 2023 millage rates and budget on September 27, 2022 at 5:05 p.m. or as soon thereafter as possible in the BCC Chambers.
Commr. Parks thanked staff, and he encouraged the Commissioners to have their questions answered.
On a motion by Commr. Blake, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved to hold a public hearing for the final adoption of the FY 2022 millage rates and budget on September 27, 2022, at 5:05 p.m. or as soon thereafter as possible in the BCC Chambers, 315 West Main Street, Tavares, Florida.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:57 p.m.
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SEAN PARKS, chairman
ATTEST:
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GARY J COONEY, CLERK