A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
october 18, 2011
The Lake County Board of County Commissioners met in regular session on Tuesday, October 18, 2011 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Jennifer Hill, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.
invocation and pledge
Pastor Brian Kneser from the Woodlands Lutheran Church gave the Invocation and led the Pledge of Allegiance.
Agenda update
Commr. Hill stated that they would accommodate Dr. Charles Mojock, President of Lake-Sumter Community College, and move his presentation after the consent agendas. She added that she would also like to add under her business a recommendation from the Tax Collector.
Mr. Darren Gray, County Manager, mentioned that Addendum 1-IA and Addendum 1-IIA would be added to the agenda.
Commr. Conner declared a conflict of interest regarding Addendum 1-IIA.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board moved to add the recommendation from the Tax Collector to the agenda.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 30, 2011 (Special Meeting), as presented.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Vance Jochim, a resident of Tavares who writes a blog called FiscalRangers.com, stated that he was concerned about the transfer of $715,110 from reserves to fund Medicaid Hospital and Health Care Responsibility Act payments. He noted that there was no description of what the original budget was or an explanation as to why there was not enough money budgeted and expressed that there was not a disciplined management process in place. He suggested that the Board create two separate reserve funds to cover emergencies and the other to cover unbudgeted items. He also mentioned that the Board should educate themselves on a theory called Agenda 21, as it would shift the Constitution away from the right of the individual to the importance of the community. He then commented that there was a pattern of adding addendums to the agendas and noted that those addendums were not published on the website. He encouraged the Board to not add addendums to every meeting.
Commr. Hill commented that Mr. Jochim’s concerns would be addressed during the presentation of Tab 21, the transfer of funds for Medicaid Hospital and Health Care Responsibility Act payments.
Mr. Gray addressed Mr. Jochim’s concern regarding the addendums and stated that addendums were posted on the website on Friday before the meeting. He explained that addendums were created when the Board asked him to place an item on the next agenda and the agenda had already been published.
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Mr. Gary Miller, President of the Yalaha Community Club, expressed his concerns regarding Tab 4 stating that he was in strong opposition of having the funding for their community center taken away. He related that their community center was torn down in 2008 and that they have worked hard on getting a new center for their community.
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Ms. Angela Kahan, Secretary of the Yalaha Community Club, addressed the Board in regards to Tab 4 stating that the community center project had been ongoing since 2005 and that the project could have already been built if they had received the funding.
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Mr. Elliott Jones, a resident of Yalaha, expressed concern about Tab 4 stating that their community needed a community center since their old one was torn down and because the children had no where to go. He opined that those funds should be spent in Yalaha.
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Mr. Tyrell Kahan, a resident of Yalaha, addressed the Board in regards to Tab 4 explaining that the Community Development Block Grant regulations required that a substantial amendment must be advertised in the local newspaper and the public should be given a 30 day notice for public comment. He noted that although they may have missed the ad, they should have been directly notified that the funds were being reprogrammed for another project. He added that they had been in constant contact with County staff over the past few months so there had been ample time to be notified of that change.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the 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.
Green Swamp Area Land Development Regulation
Request to acknowledge receipt of the Final Order from the Department of Community Affairs approving a land development regulation adopted by Lake County within the Green Swamp Area of Critical State Concern by Lake County Ordinance No. 2011-48.
Joint Resolution with the City of Mount Dora and the BCC
Request to acknowledge receipt of a copy of joint Resolution No. 2011-17 from the City of Mount Dora and the BCC to promote the creation of primary sector jobs and career opportunities for the residents of Lake County through joint planning and infrastructure development for certain property designated on the City’s Comprehensive Plan as “Employment Center” and designated as “Regional Office” on Lake County’s 2030 Comp Plan.
Deer Island Community Development District Meeting Schedule
Request to acknowledge receipt of a letter reporting that the Board of Supervisors of the Deer Island Community Development District will hold their meetings for Fiscal Year 2012 on the third Monday of the month at 6:00 p.m. at the Clubhouse, 18000 Eagles Way, Deer Island on November 14, 2011, February 20, 2012, May 14, 2012, and August 20, 2012.
Founders Ridge Community Development District Meeting Schedule
Request to acknowledge receipt of the annual meeting schedule for the Founders Ridge Community Development District for Fiscal Year 2012, in accordance with Chapter 189.417, Florida Statutes.
Central Lake Community Development District Meeting Schedule
Request to acknowledge receipt of the annual meeting schedule for the Central Lake Community Development District for Fiscal Year 2012, in accordance with Chapter 189.417, Florida Statutes.
Pine Island Community Development District Meeting Schedule
Request to acknowledge receipt of the annual meeting schedule for the Pine Island Community Development District for Fiscal Year 2012, in accordance with Chapter 189.417, Florida Statutes.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Cadwell requested to pull Tab 4 for discussion.
Commr. Campione requested to pull Tabs 6, 9 and 10 for discussion.
Commr. Parks requested to pull Addendum 1-IA for discussion.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 18, pulling Tabs 4, 6, 9, 10 and Addendum 1-IA, as follows:
Community Services
Request for approval to give the County Manager authority to sign the Direct Pay to Choose Life, Inc. pursuant to Florida Statute 320.08058(29)(b), which requires all fund balances of Choose Life license plate revenues be forwarded to Choose Life, Inc. by October 1, 2011. The direct pay requires the County Manager's signature as the fund balance total exceeds $25,000.00. The fiscal impact is $78,695.76.
Request for authorization to fill one (1) Program Associate position in the Community Services Department/Housing Division as a limited term position, duration up to thirty-six (36) months. The fiscal impact is $43,304.
County Manager
Request that the Board (1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles. (This is not an expenditure.)
Request to award term and supply contracts for on-call appraisal services to All Real Estate Appraisal Company; Clayton, Roper & Marshall, Inc.; Diversified Property Specialists, Inc.; Pomeroy Appraisal Associates of Florida, Inc.; Stricklen Appraisal Services, P.A. and Weigel-Veasey Appraisers, Inc. Fiscal Impact cannot be determined at this time.
Public Resources
Request to approve employment of Julie England, Extension Agent II, Jennifer Hodges, Extension Agent I, Megan Brew, Extension Agent I, and Juanita Popenoe, County Extension Service Director. BCC approval of all Extension Agents is required pursuant to Florida Statute, Section 1004.37(3). There is no fiscal impact.
Request for approval to design a bird watching blind at P.E.A.R. Park. The estimated fiscal impact is $13,000.
Request for authorization to fill one (1) vacant Park Attendant position in the Department of Public Resources, Parks & Trails Division. (The fiscal impact is $31,091.)
Public Safety
Request for approval and execution of: (1) Resolution No. 2011-153 to accept Urban Areas Security Initiative (UASI) grant funding in the amount of $23,088, by the Lake County Board of County Commissioners; and (2) Authorization for the County Manager to sign future amendments/modifications that do not involve financial impact. No local match is required.
Request for approval and execution of: (1) Resolution No. 2011-154 to accept Urban Areas Security Initiative (UASI) grant funding in the amount of $517,705, by the Lake County Board of County Commissioners; and (2) Authorization for the County Manager to sign future amendments/modifications that do not involve financial impact. No local match is required.
Public Works
Request for approval for an ongoing remediation additional payment in the amount of $8,392.69 for the Future Response Costs incurred by the United States Environmental Protection Agency (EPA) at the Seven Out Tank Superfund Site located in Waycross, Georgia. The fiscal impact is $8,392.69.
Request to approve and sign an amended agreement with the Town of Howey in the Hills for the Construction of Lakeshore Blvd. The fiscal impact is $529,000.00: Road Impact Fee District 4.
Request for authorization to accept and sign the final plat for Big Pine Island and all areas dedicated to the public as shown on the Big Pine Island plat. Big Pine Island consists of 20 lots and is located in Section 7, Township 18 South, Range 25 East. Commission District 5. There is no fiscal impact.
presentation
labor market study
Dr. Charles Mojock, President of Lake-Sumter Community College (LSCC), addressed the Board stating that LSCC’s visioning process included the New Vision Council, which was a group of community leaders, to address the workforce development and training needs for Lake and Sumter County and the role that LSCC could play in responding to those needs. He noted that many two-year colleges in Florida began to offer four-year degrees in specific workforce areas pertinent to their communities and added that they commissioned Dr. Robert Skolnik from the Delfin Group to conduct the Labor Market Study to survey leading employers to help determine the needs of the area.
Dr. Skolnik explained that he interviewed 40 different employers throughout Lake and Sumter County to determine which four-year degrees LSCC should offer. He stated that the employers pointed out that the workforce was regional in nature as many people crossed county lines for work and that the major employers in north Lake County were different than the major employers in south Lake County. He then discussed the degree areas that were suggested by the employers and noted that those areas were engineering, technical and trades positions, health occupations, public safety, organizational management, computer technology, education, and agriculture and horticulture. He related that many students attending community colleges were adults already in the workforce but looking to better themselves and although many employers offered tuition reimbursement, it was not used as much as it should be. He noted that the employers were concerned about collaboration and strategic partnerships because although many organizations offered workforce development, most employers were not aware of those opportunities. He added that the employers had great enthusiasm about internships and apprenticeships because they felt those were solutions for preparing the workforce for real life. He pointed out that the employers were also concerned about economic development because they felt there were many obstacles that were a hindrance for businesses and suggested the “concierge” approach where a business would make a contact with the County to explore the possibilities of moving there. He stated that the employers also wanted to look at entrepreneurship studies in specialized areas and wanted to give special attention to the new and emerging areas.
Dr. Mojock continued the presentation noting that LSCC’s core mission was student success and he then discussed the follow-up to the labor market study adding that they realized they needed to increase the outreach to employers since most were unaware of the services the college offered. He stated that they were going to challenge the Program Advisory Committees to address which elements of the study could be incorporated into the existing programs and curriculum and to also make a focused effort on having co-ops and internships for new and existing programs. He related that they also had a college-wide effort of improving the service excellence for customers and had great partnerships with other colleges to work together to take care of all of the needs in the region. He stated that they looked at workforce demands, student demands, feasibility and partnership possibilities to determine the needs for the four-year degrees and added that they had to ensure that the programs would sustain and met the interests and needs of the students. He then discussed the highest ranked degrees which included nursing, organizational management, environmental science, agribusiness or agritech, bio-medical, education, computer technology, and public safety. He explained that they had to implement those in increments, starting with one or two at a time. He related that their next steps were to review the findings with the University of Central Florida and other institutions and pursue a feasibility analysis of the top ranked programs. He added that the Board of Trustees approved the process to start offering bachelor’s degrees but they still needed to acquire state approval and prepare for accreditation. He specified that the three degrees approved were a Bachelor’s of Science in Nursing, a Bachelor’s of Applied Science in Organizational Management, and a Bachelor’s of Applied Science in Environmental Science.
Commr. Campione asked if they could utilize the business opportunity centers that were in progress as a bridge between students and adults who were looking for internship opportunities.
Dr. Mojock stated that was part of their toolkit for when they talk with employers letting them know what the college had to offer and the opportunities available with the business opportunity centers.
community services
community development block grant funds for umatilla water project
Commr. Cadwell explained that Congress threatens to cut Community Development Block Grant (CDBG) funding every year and possibly cut the program altogether so all of the CDBG projects were scrutinized. He stated that the reprogramming of the funds was an emergency issue because due to State law, the County was required to take over the Southside Umatilla Water System when it failed. He noted that the County entered into a service agreement with the City of Umatilla requiring the County to fund the project; however, the City would then gain control over that system. He expressed that it was not an ideal situation but it was an emergency for Umatilla so that the residents would not go without water.
Commr. Campione asked what they were doing about the Yalaha Community Center.
Mr. Gray stated that they were still looking at having that project, just not to the extent that was originally funded since they found the project to be unsustainable.
Commr. Conner explained that he had met with Mr. Gary Miller, President of the Yalaha Community Club, and became very well informed of the project. He noted that there were still funds available for a smaller scale building and expressed that he supported the project but at a scale where it could be successful.
Ms. Cheryl Howell, Housing Division Director, stated that staff had met with the Yalaha community on several occasions during the past year because of staff’s concerns with the project. She pointed out that their main concern was whether they could keep the center open adding that HUD was also concerned about putting money towards a project that could not continue to provide services for years to come. She mentioned that the Yalaha community had less than $15,000 set aside to sustain the project and they did not have any long term plans. She stated that she felt it was the County’s responsibility to do the right thing for the community, so she started looking at other options and spoke with some local contractors about whether $197,940 could build a 1,500 square foot building and those contractors assured her that it could. She pointed out that there were still funds for a community center, so Yalaha’s dream of having that was not crushed.
Commr. Conner asked about the issues that HUD had problems with and who would oversee the design and construction of the project.
Ms. Howell responded that HUD’s recommendation was to either abandon the project or to reduce the risk, so they decided to reduce the risk by evaluating the amount of money that was invested and found that the Yalaha community could still have a 1,500 square foot building at a lower price. She noted that the County would manage the construction of the building, but the Yalaha community would be responsible for the maintenance of it.
Commr. Conner expressed that he was opposed to the suggestion of abandoning the project because he felt it was the County’s obligation to replace the one that had been torn down.
Commr. Campione asked if a target date was set for starting the project.
Ms. Howell replied that after the project was approved, they would still have to come back to the Board for approval of the agreement, but she was hoping that the project would be completed by June 2012.
On a motion by Commr. Conner, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board approved Tab 4, the request from Community Services for approval of the Substantial Amendment to the Fiscal Year 2010-2011 Action Plan reprogramming previously committed Community Development Block Grant (CDBG) funds for the completion budget for the Southside Umatilla Water Project. The fiscal impact is $435,902 (Fully grant funded.)
county manager
florida association of counties membership dues
Commr. Campione explained that she was uncomfortable with the amount that they were paying for membership dues for the Florida Association of Counties (FAC). She noted that although FAC mentioned they were not increasing membership dues, she still felt like it was a lot of money considering the County has had to cut staff and substantially cut the budget. She added that she would like assurance that FAC was dealing with the same budget issues as the County.
Commr. Cadwell mentioned that FAC had frozen their dues for the past five years and were not filling vacant positions. He noted that there were many benefits of FAC membership including the education, certification, the information clearing house provided for the county attorney’s association, enterprise partnerships, and Florida local and government trusts. He opined that the dues were money well spent and that mid-size counties, such as Lake, were underrepresented so they should strive to make sure there was commissioner participation.
Commr. Parks commented that he was impressed with the fact that FAC was all about home rule and letting the commissioners make the decisions at the local level and thought FAC was a benefit since they were able to learn about new legislation that could affect the County.
Commr. Hill asked if the dues were based on the population of each county.
Commr. Cadwell confirmed that it was based on population, but clarified that the dues had been steady for the past five years even though the population had risen.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried by a 4-1 vote, the Board approved Tab 6, the request from the County Manager for approval of the check request (direct pay) for Florida Association of Counties membership dues. Fiscal impact is $26,694.00.
Commr. Campione voted “no.”
employee services
florida retirement system senior management service class positions
Commr. Campione stated that she was unclear why it would cost $10,821 to advertise positions designated as Senior Management Service Class for the Florida Retirement System (FRS.)
Mr. Gray informed the Board that there were a certain number of positions allocated for Senior Management Service Class and the County was required to advertise that and submit those to the State in order to designate them correctly. He noted that they were adding some director positions and had changed the title of some positions.
Ms. Susan Irby, Employee Services Director, clarified that the advertisement was a very small cost, but the $10,821 was the additional cost that would be contributed to FRS for those positions for one year.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved Tab 9, the request from Employee Services for approval of the changes and to run advertisements to positions designated by Lake County for inclusion in the Florida Retirement System (FRS) Senior Management Service Class. Fiscal impact is approximately $10,821.
growth management
contract for “go green get green” rebate program
Commr. Campione expressed concerns about the contract with Universal Engineering to provide quality assurance services for the County’s “Go Green Get Green” rebate program. She added that she wanted to ensure that the County was receiving the best deal for those services since only one applicant had responded to the bid.
Mr. Gray related that those services were a requirement of the grant and they felt confident that the respondent could perform the work that was needed.
Ms. Lori Barnes, Sustainability Planner, explained that the quality assurance program for the grant would include building permit inspections for the rebate applicants who obtained permits, site inspections to verify eligibility requirements had been met, the measurement and verification of energy cost savings and green house gas reductions for the Department of Energy, as well as a customer satisfaction survey. She noted that they felt they were receiving the best value with a bid of $60,250 because the applicant was properly certified for building inspections and had energy experience and the original budget estimate was $120,000. She added that all of the grant programs must be completed by July 2012, so rebidding would delay the process three more months and could create some complications.
Commr. Conner asked if staff could show a comparison of what other counties were paying for that same service so the Board could determine whether or not the bid was in fact a good price.
Mr. Barnett Schwartzman, Procurement Services Manager, mentioned that they did not specifically compare the unit price with other counties; they based their decision on how much time they thought a specific task would take to complete and compared that with the price that was charged and thought it was a reasonable price.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board moved to postpone the decision for Tab 10 until the October 25, 2011 BCC meeting so staff could bring back comparisons of what other counties were paying for the same services.
public safety
funding for lake and sumter emergency recovery, inc. (laser)
Commr. Parks stated that he wanted to see the long range plan for Lake and Sumter Emergency Recovery, Inc. (LASER) to address some of the sustainability questions he had. He added that there was only an agreement included in the backup.
Mr. Gray commented that the agreement was only for one year since the Board was unsure whether they could provide the funding in the future. He added that LASER’s original request was for approximately $100,000 but the Board decided to cut back on the funding they had allotted in previous years.
Mr. Jerry Smith, Emergency Management Division Manager, explained that the long range plan had not been defined yet as they were still waiting on Sumter County to provide them with the changes for their fiscal year. He noted that there had also been some issues with the changes in Emergency Medical Services and those had complicated having that long range plan as well.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried by a 4-1 vote, the Board approved Addendum 1-IA, the request from Public Safety for approval of funding in the amount of $51,800 for Lake County and Lake and Sumter Emergency Recovery, Inc. (LASER) for FY 2012.
Commr. Parks voted “no.”
recess and reassembly
The Chairman announced that there would be a fifteen-minute recess at 10:40 a.m.
presentation
SR 50 project development & environment study update
Ms. Amy Sirmans, FDOT Project Manager, stated that the project limits were from CR 565 to CR 565A and they would be realigning SR 50 to the north of Groveland. She added that the public hearing was scheduled for November 1, 2011 at the E.L. Puryear Building in Groveland.
Ms. Lynn Marie Whately, Consultant Project Manager, explained that the new roadway would be a four-lane urban section with either the realignment alternative or the truck route alternative and that the project would be divided into two drainage basins on either side of SR 19. She noted that they were looking for a potential park and ride lot location that could double as a trailhead on the weekends and related that 10 residential parcels and one business would need to be relocated from the impact of the new roadway. She added that the City of Groveland signed a resolution in support of the truck route option if a build alternative was selected and the City also decided to leave Orange and Broad Streets as one way streets and to leave the South Lake Trail on Crittenden Street. She pointed out that the two alternatives were similar in cost as they both were around $25 million and that the design was fully funded by DOT, but the right-of-way and construction was not funded at that time.
Commr. Parks asked if there had been a lot of discussion about keeping the original alignment of the trailhead on Crittenden Street.
Ms. Whately explained that there was a decent amount of discussion but it came down to cost because if they decided to move the trail alignment, the PD&E study would need to be updated as well as the design documents since it was about 90 percent design complete.
Commr. Cadwell asked if Ms. Whately felt that the truck route option was the best plan for Groveland.
Ms. Whately stated that it met the purpose and need of Groveland’s plans.
Mr. Stivender added that since the streets would be one lane, they would have angled parking on both sides of the streets allowing more parking and saving them from having to build a parking lot.
public hearing
ordinance regarding residency restrictions for persons convicted of certain sex offenses
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida; creating section 14-6, lake county code, entitled residency restrictions for persons convicted of certain sex offenses; prohibiting persons convicted of certain sex offenses from residing within 2,500 feet of any school, child facility, park or playground; prohibiting more than one sex offender from residing in the same dwelling unit; providing for enforcement; providing for exceptions; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff stated that the ordinance would bring the County Code into conformance with most of the municipalities in Lake County by increasing the current State requirement of those offenders to live 1,000 feet from any child care, park, playground or school. He added that the ordinance also prohibited having more than one offender living in the same dwelling unless they were related.
The Chairman opened the public hearing.
Barbara representing the Florida Action Committee presented a packet of information regarding sex offender residency restrictions. She expressed that their committee was trying to educate society and lawmakers on the consequences of the current sex offender laws and although they did support the prevention of child sexual abuse through structured laws, they felt the current laws did not distinguish between violent sex offenders and non-violent persons charged with sexually based crimes. She noted that many studies had concluded that residency restrictions were ineffective at preventing harm to children and may actually increase the risks to public safety and urged the Board to consider the impact and unintended consequences of a 2,500 foot residency restriction.
Ms. Victoria Morris, a resident of Sorrento, stated her concern that the ordinance may create large clusters and she wanted to make sure to prevent those near schools.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Campione mentioned that there had been a lot of public input at the meeting held in Sorrento two weeks ago and the main concern was clustering and how to prevent subdivisions and neighborhoods from becoming a haven for registered sex offenders. She noted that the ordinance would help address the clustering concern since only one offender would be allowed to live in a household and since it was only addressing unincorporated Lake County, it was important to be consistent with the cities. She suggested that the Board support the ordinance as written but to then consider a cluster provision that would prevent a certain percentage of sex offenders living in a particular neighborhood so that a neighborhood could not become a sex offender village. She added that they might also want to consider having a prohibition of sex offenders at parks so law enforcement had a tool to use in those situations.
Commr. Cadwell asked if the ordinance distinguished the types of sex offenders.
Mr. Minkoff replied “no,” and stated that the ordinance specified that the person had to have been convicted of one of the five statutes located on page two of the ordinance and the victim had to have been less than 16 years of age as those were the most serious offenses.
Commr. Hill asked if they had any data to prove that the 1,000 foot distance requirement was not sufficient.
Mr. Minkoff noted that they were only concerned with the legal perspective of whether the 2,500 foot distance requirement was enforceable, not what was sufficient.
Commr. Hill commented that there was no data to support the increased distance requirement and that those types of individuals were not concerned with rules and boundaries.
Commr. Campione mentioned that it would be enforced through the local law enforcement to make sure those individuals adhered to those boundaries. She stated that since the cities had the 2,500 foot rule, it was important to have it uniformly across the County especially since they did not want the unincorporated part of the County to become the haven because County rules were less stringent than the cities’. She then remarked that there were many organizations that specifically tried to find housing for sex offenders and they were going to the states where they found it easier to find housing. She expressed that they needed to be diligent in not promoting more sex offenders to come to the County.
Commr. Conner stated that Lake County was relaying in a loud manner that sex offender villages were not welcome by passing the ordinance. He added that it was also important to support the Sheriff and encourage sting operations because the only way to prevent and deter those types of activities was through aggressive law enforcement and policies.
Commr. Hill commented that it might take more officers to implement the new ordinance.
Sheriff Gary Borders explained that the ordinance would not require as much additional staffing as compared to the staffing required to monitor a sex offender village. He added that there were over 400 registered sex offenders in Lake County and they wanted to avoid becoming a marketable destination for offenders. He noted that citizens could visit the Sheriff’s website and input their address into the program called OffenderWatch and that would display whether a predator or offender lived within one mile of that address. He related that their sex offender unit was very proactive in monitoring the offenders in the County.
On a motion by Commr. Campione, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2011-54 creating section 14-6 of the Lake County Code, entitled Residency Restrictions for Persons Convicted of Certain Sex Offenses.
county manager’s departmental business
community services
medicaid and health care responsibility act payments
Ms. Allison Thall, Health and Human Services Director, addressed the Board stating that she would explain the need for the budget request for the Medicaid and Health Care Responsibility Act (HCRA) and explained that the County was legislatively required to pay a portion of the costs associated with healthcare services provided to eligible uninsured and underinsured residents. She noted that the Medicaid hospital program required Lake County to pay 35 percent of the total cost for each stay for a Medicaid recipient in excess of 10 days but not to exceed 45 days per fiscal year and added that the rate of reimbursement was based on the hospital’s Medicaid per diem rates. She related that the Medicaid nursing home program required the County to pay 35 percent of the total cost of nursing home care in excess of $170 per month, but the contribution could not exceed $55 per month per recipient. She pointed out that the HCRA program required the County to reimburse hospitals for emergency inpatient and outpatient services provided to uninsured patients that were treated out of the county and that the County was obligated to pay up to 45 days of hospital services per eligible HCRA client per year and the hospitals were reimbursed at the Medicaid per diem rate for that facility. She then showed a graph depicting the budgeted amounts and the expenditures for Medicaid hospital, Medicaid nursing home and HCRA noting that the budget was overspent for Medicaid hospital and HCRA, but the Medicaid nursing home expenditures had come under budget each year primarily due to the vigilant invoice review the County completed each month. She related that the Medicaid billing and collection process implemented by the Department of Children and Families (DCF) and the Agency for Health Care Administration (AHCA) had historically been very difficult and inaccurate. She added that AHCA had notified 19 counties in March 2011 to let them know that they were planning on withholding the cigarette tax revenue because those counties’ payments had been 75 percent less than what they had been billed. She explained that the Florida Association of Counties general counsel engaged with AHCA to resolve those billing issues and DCF and AHCA started working more collaboratively together and had increased staffing levels to improve the residency verification rate. She added that as a result, the counties were unable to deny as many clients per month on the monthly invoices. She stated that because of those adjustments, Lake County was $715,110 over budget for fiscal year 2010-2011; however, with the assistance of the hospitals, the actual impact to the general fund reserve would be approximately $237,650.
Mr. Gray noted that they would go ahead and move the entire amount out of reserves since the bill was due by October 20, but they were anticipating reimbursement.
Commr. Parks asked if there was any indication of what the costs were for and whether a managed care approach could have helped.
Ms. Thall responded that those residents were Medicaid recipients so that was their only form of health insurance. She added that the hospital received the lowest amount of reimbursement for those patients.
Mr. Minkoff explained that the State had created a couple of pilot managed care programs for Medicaid payments in a few counties, but Lake County did not have such a program yet.
Commr. Conner asked if $477,460 was the maximum amount they could request from the hospitals.
Ms. Thall answered “yes.”
Commr. Conner asked if they were planning on adjusting the budget for next year now that they know about the deficit.
Mr. Gray stated that $2.1 million was funded for the current year, but they planned on monitoring the monthly bills and would adjust the budget if needed in March during the mid-year adjustments.
Commr. Campione asked whether any of the patients had invoices for over $25,000 and suggested they look into having insurance similar to inmate care for the Medicaid patients since they would never know the exact amount the County was responsible for each year.
Ms. Thall responded that they received a total for the County’s shared portion for the Medicaid program, but they received invoices for the HCRA program. She confirmed that there were some that did exceed $25,000 depending on the length of stay and level of care.
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the budget change request transferring funds from general fund reserves for Medicaid Hospital and Health Care Responsibility Act (HCRA) payments. The fiscal impact is $715,110.00.
public works
commercial recycling program
Mr. Stivender stated that the County provided recycling services to commercial vendors, mainly schools, but most of those schools also had private vendors on the same site. He added that the School Board was already looking to replace the County as their vendor. He reported that the recycling from the commercial vendors only constituted nine percent of the total tonnage, but it cost the County 30 percent, so they were proposing to have a private vendor continue the recycling program so the County could have a 30 percent savings in the operation as a whole.
Commr. Cadwell clarified that the County was opening the commercial recycling program to the private market and was not abandoning the program.
Mr. Stivender explained that their goal was to increase recycling but also be fiscally responsible so that they were not paying excessive disposal costs.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved to phase-out a portion of the commercial recycling program.
county attorney
south lake health clinic – addendum 1-IIA
Commr. Conner stated that he had taken steps to no longer have a business relationship with the contractor, but to be cautious he wanted to declare a conflict of interest.
Mr. Minkoff explained that there was a proposal from Belgian Capital Fund, LLC for the sale of two condominium units and for a building shell for approximately $689,000. He noted that the building size was approximately 5,000 square feet and the property size was about 7,000 square feet which included complete infrastructure and a parking garage. He stated that they had an appraiser find comparable sales in the same development as well as other developments and the County’s estimator estimated the cost to construct the building at $733,000, while Schmid Construction, the contractor for Belgian Capital Fund, LLC, provided an estimate at $689,000. He added that both estimates appeared to be in the ballpark of what the property was worth. He then discussed the three agreements for approval stating that the first agreement was between Lake County and the State of Florida Health Department which provided that the State would reimburse the County $689,000 if the property was acquired. He related that the agreement was not signed yet, but the State did agree to the terms. He explained that the second agreement was between Lake County and the Lake County Health Department which indicated that once the building was completed, the Lake County Health Department would pay the janitorial costs, the landscaping costs and the condominium fees of approximately $6,000 a year and the County would provide maintenance of the building. He noted that the third agreement was with Belgian Capital Fund, LLC for purchase of the property which specified that the closing must take place by December 30, 2011 otherwise the funds would no longer be available. He related that it was a risk to the County because they would lose the grant opportunity if the developer failed to complete the building; however, the developer was confident that they could complete it.
On a motion by Commr. Parks, seconded by Commr. Cadwell, and carried unanimously by a 4-0 vote by those present (Commr. Conner was not present), the Board approved the execution of the purchase agreement with Belgian Capital Fund, LLC, an interlocal with the State of Florida Department of Health for funding, and an interlocal with the Lake County Health Department for operation of the South Lake Health Clinic. The final execution of all agreements is contingent upon receiving an executed interlocal from the State Department of Health for funding and upon County Attorney approval of the final agreements. The Fiscal Impact is approximately $995,085.
reports – county manager
online permitting system
Mr. Gray reported that staff debuted the online permitting system to about 200 contractors last Wednesday and that it was very well received.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1
tax notices from the tax collector
Commr. Hill stated that the Florida Statute provided that on the recommendation of the tax collector, the Board could adopt a resolution instructing the tax collector not to mail tax notices to a taxpayer if the amount was $30 or less. She noted that the Tax Collector was recommending that the resolution state that the minimum tax bill would be five dollars since that would make them break even.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved for the Property Appraiser and the Tax Collector not to bill taxpayers if their taxes were less than five dollars and approved for Resolution No. 2011-155.
central florida workforce meeting
Commr. Hill reported that she was attending the Central Florida Workforce meeting with the County Attorney on Friday.
reports – commissioner parks – district 2
van fleet trail management review team
Commr. Parks stated that the Van Fleet Trail management plan review team met two weeks ago and he reported that the director managing the Lake Louisa State Park was now in charge of the Lake Harris State Park as well as the state trail system through Lake and Sumter County. He also mentioned that the Bay Lake Trailhead construction would start within the next couple of months.
neglected foreclosed and investor owned properties
Commr. Parks asked if staff could research what other counties and municipalities were doing in regards to foreclosed and investor owned properties that were being neglected.
Commr. Conner asked how they could mandate those property owners to upkeep the property if they did not have the money for it.
Mr. Minkoff mentioned that he would be attending a meeting later that week to discuss the issue regarding commercial properties that were not being maintained and he would report back to the Board after that meeting. He noted that they have researched a few other counties and specified that Orange County was using special assessment liens.
Commr. Campione commented that the lenders did not want to put any more money into those properties, but the neighborhoods were being impacted as well as the overall tax roll. She opined that it was a good idea to look at the available options.
anti-tethering laws
Commr. Parks asked if they could receive information regarding anti-tethering laws.
Mr. Minkoff stated that they had pulled ordinances from throughout the State and had given them to Animal Control to review. He added that they should be able to bring something back to the Board in a couple of weeks.
internet cafés
Commr. Parks asked if they could receive information about what other counties and municipalities were doing to regulate internet cafés.
Mr. Minkoff mentioned that they researched municipalities throughout the County and found that one municipality was welcoming them, another municipality was passing an ordinance to prohibit them and others put moratoriums on them. He stated that they could bring that information back to the Board.
total quality management process
Commr. Parks mentioned that he was pleased to learn that staff had implemented a total quality management process to continuously improve processes.
Mr. Gray commented that they were having someone from the outside review the online permitting process because although they felt it was good, they were not completely satisfied with it. He added that they planned to do the same process to different functions throughout the entire organization to make sure they were being as efficient as possible.
reports – commissioner conner – district 3
mass transportation meeting
Commr. Conner reported attending a mass transportation meeting last week in Orlando.
REPORTS – COMMISsIONER campione – VICE CHAIRMAN & DISTRICT 4
sand and bluetail mole skinks
Commr. Campione presented a resolution from the Orange County Commission that was adopted in August regarding the sand and bluetail mole skink survey protocol and added that all of Lake County was considered to be an area where those skinks could occur. She explained that the federal Fish and Wildlife Service had the potential to make it almost impossible to do anything with the properties that had skink sightings and the Service was assuming that all contiguous suitable soils within 780 feet of skink signs were being occupied. She added that the cost to mitigate that could be as high as $3 million. She stated that the protocol was a huge issue for the County and asked if the Board could adopt a similar resolution and to add that to the agenda next week.
questionnaire for feedback from cra meeting in sorrento
Commr. Campione explained that an online questionnaire was created to get feedback from the residents who attended the community redevelopment area (CRA) meeting in Sorrento and asked if the questionnaire could be uploaded to the County’s website.
land development regulations to allow for hay fields
Commr. Campione suggested that staff recommend language for the Land Development Regulations to allow for hay fields across Lake County so that property owners would not have to change zoning from industrial.
request for workshop regarding road issues
Commr. Campione noted that it would be helpful to have a workshop to address road issues throughout the County to try to find solutions.
reports – commissioner cadwell – district 5
giving toy box
Commr. Cadwell stated that Lake County was sponsoring the Giving Toy Box project again this year.
florida retirement system contributions
Commr. Cadwell mentioned that the State Legislature was now trying to take away the savings that the County had received from the Florida Retirement System contribution change and asked if the Board could prepare a resolution in opposition of that.
Mr. Gray stated that the impact to the County would be approximately $700,000 that they would have to pay back to the State.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:44 p.m.
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JENNIFER hill, chairman
ATTEST:
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NEIL KELLY, CLERK