A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
july 30, 2013
The Lake County Board of County Commissioners met in regular session on Tuesday, July 30, 2013 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Leslie Campione, Chairman; Jimmy Conner, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Welton G. Cadwell. Others present were: David Heath, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Pastor Randy Ford from the Whitney Baptist Church in Leesburg gave the Invocation and led the Pledge of Allegiance.
Update on the blue rhino propane plant incident
Mr. Tommy Carpenter, Emergency Management Operations Manager, reported that the call about the fire at the Blue Rhino Propane Plant in Tavares came in at 10:54 p.m. on Monday, and the County fire department as well as the fire departments from the cities of Tavares, Leesburg, Mount Dora, and Eustis responded to the call. He explained that a partial activation was started at the Emergency Operations Center (EOC) notifying the most important responders and that at about midnight there was a full activation. He indicated that they worked with the American Red Cross to open a shelter for residents at the First United Methodist Church in Tavares, since about 150 homes within a one mile radius of the plant were evacuated. He mentioned that a command post was set up at the Institute of Public Safety off of Lane Park Cutoff, and the City of Tavares formed a management structure with the Sheriff’s Office and EMS. He stated that the media was staged at The Big House across the street and that there was a reunification point at a local convenience store for the families of the workers at Blue Rhino. He related that the evacuation was cancelled around 2:30 a.m., the scene was turned back over to the City of Tavares for monitoring at 4:00 a.m., and the operations were demobilized at the EOC at 4:30 a.m.
Mr. Jerry Smith, Executive Director of Lake EMS, pointed out that there was a total of nine patients needing medical attention with five listed in critical condition, and that one of those was treated for smoke inhalation who was not an employee. He added that three of those transported themselves to Waterman, and one of those three was later transported to Orlando Regional Medical Center; also, four victims were transported by helicopter. He indicated that EMS communications handled five different fire services that night and that there had been a total of 10 ambulances, five helicopters, and about 30 cars on the scene. He mentioned that they were still working on gathering the data of the number of 911 calls that EMS received, but it was noted that one telecommunicator handled 18 calls herself. He then praised all of the staff at the different agencies for working together to handle the tragedy.
Commr. Cadwell asked Mr. Carpenter if it was protocol for Emergency Management to go back over the situation to make sure everything was handled properly.
Mr. Carpenter answered that they would work with the City of Tavares and do an after action with all of the agencies to see what went well and what could have been done better.
Commr. Campione commented that it was amazing that the incident did not extend beyond the actual site, because it could have been much worse, and she was thankful there were no fatalities. She expressed that she was very proud of the professionalism shown by County staff and all of the agencies in Lake County and that their thoughts and prayers were with the victims and their families.
Mr. Sandy Minkoff, County Attorney, noted that he handed out an agenda item that was originally planned for next month’s meeting regarding a donation from Wells Fargo Bank and requested that it be added to the agenda since Wells Fargo wanted approval this month.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved to add the Wells Fargo Bank donation to the agenda.
Mr. David Heath, County Manager, asked to move Tab 25 after Tab 18 and then discuss Tab 22 before moving on to the budget.
Commr. Cadwell asked to add under his business a discussion regarding Spring Creek Charter School in Paisley.
Commr. Campione asked to add under her business a discussion about the School Board’s decision from their meeting last night for Board direction.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Minutes of the BCC Meeting of June 11, 2013 (Special Meeting) and June 18, 2013 (Regular Meeting) as presented.
citizen question and comment period
Mr. Clark Morris, a resident of Mt. Plymouth, commented that he was pleased with the progress of the Sorrento CRA meeting, and he also gave kudos to the County’s Public Works staff for taking care of road infrastructure problems immediately after being reported on the website.
Mr. Jon Cherry, President and CEO of LifeStream Behavioral Center, pointed out that LifeStream operated as a voluntary public receiving facility and as the only Baker Act receiving facility in Lake County. He mentioned that their case loads have increased over 40 percent over the last five years, there were long wait times for patients to see health care staff and the psychiatrist, and the inpatient units were usually over capacity. He related that LifeStream played an integral part in public safety, and they had been instrumental in getting a $500,000 allocation from the State to help keep the jail population down and to help individuals with severe mental illness get the treatment they needed. He indicated that in 2006 the County funded LifeStream at around $1.4 million with it decreasing each year to the current funding of $874,000. He added that the County was proposing to reduce their funding another six percent for next year and requested that the Board not decrease the allocation any more than it had already been reduced.
Commr. Campione asked if LifeStream was receiving any assistance from the North Lake County Hospital Taxing District.
Mr. Cherry replied that they currently received approximately $470,000, which paid for about four inpatient beds. He noted that the South Lake County Hospital Taxing District was not required by law to provide any funding to them, but they received approximately $250,000.
Commr. Campione recommended including this in the discussion during the budget portion of the hearing.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 6, as follows:
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Estates at Cherry Lake CDD Audit Report
Request to acknowledge receipt of the Annual Financial Audit Report of Estates at Cherry Lake Community Development District for Fiscal Year Ended September 30, 2012.
Notice of the Application of Sunlake Estates Utilities, L.L.C.
Request to acknowledge receipt of the Notice of the Application of Sunlake Estates Utilities, L.L.C. to operate a water and wastewater utility to provide service to the Sunlake Estates mobile home community in Lake County, Florida, pursuant to Section 367.045, Florida Statutes.
Greater Lakes/Sawgrass Bay CDD Audit Report
Request to acknowledge receipt of a copy of the Annual Financial Audit Report for the Fiscal Year Ended September 30, 2012 for the Greater Lakes/Sawgrass Bay Community Development District, along with a cover letter dated June 21, 2013.
City of Tavares Annexation Ordinance
Request to acknowledge receipt of approval of Annexation Ordinance 2013-08 by the Tavares City Council on June 19, 2013, annexing 5.5 acres of land located on the Northeast corner of County Roads 561 & 448.
Town of Montverde Audit Report
Request to acknowledge receipt of a copy of the Audit Report for the Town of Montverde for Fiscal Year 2012, along with a cover letter dated July 1, 2013.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 16, as follows:
Request for approval of the agreement between the Lake County Sheriff, Armor Correctional Health Services, Inc., and Lake County Board of County Commissioners for the management and administration of inmate medical care and authorization for the Board Chairman to sign the Agreement and any subsequent documents relating to this Agreement. The fiscal impact is $1,731,480.00 (Expense).
Request for approval to award contract 13-0215 for provision of transitional housing in the South Lake area to New Beginnings of Lake County, Inc. The fiscal impact is $106,222, which is fully grant-funded.
Request for approval to give the County Manager authority to sign the Direct Pay to Leesburg Regional Medical Center for an inmate inpatient medical stay. The Direct Pay requires the County Manager's signature as the invoice total exceeds $25,000.00. The fiscal impact is $30,440.54.
Request for approval to give the County Manager authority to sign the Direct Pay to Leesburg Regional Medical Center for an inmate inpatient medical stay. The Direct Pay requires the County Manager's signature as the invoice total exceeds $25,000.00. The fiscal impact is $25,657.79.
Facilities Development and Management
Request for approval to award contract 13-0605 for Fire Protection Systems Inspection, Testing, and Maintenance, and authorize the Procurement Office to execute all supporting documentation. The fiscal impact is undetermined as expenditures will be based on needs as they arise. The last annual total expenditure for similar services was approximately $87,976.
Fiscal and Administrative Services
Request for approval of Contract 13-0418, establish Vendor Pool for Signs, Displays, Decals, Lettering, and Striping to two (2) vendors and authorize the Procurement Office to execute all supporting documentation. As future needs cannot be quantified at this time, the fiscal impact will depend on actual requirements. Annual expenditures for similar services during the last fiscal year amounted to $62,778.54.
Request for the Board to (1) declare the items on the attached list surplus to County needs, and (2) authorize the removal of all of the items on the attached list from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Manager to execute any required title documents.
Request for approval and execution of: (1) Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement with the State of Florida, Division of Emergency Management in the amount of $105,806; (2) Emergency Management Performance Grant (EMPG) Agreement with the State of Florida, Division of Emergency Management, in the amount of $83,232; (3) approval of Unanticipated Revenue Resolution 2013-75; and (4) authorization for the County Manager to sign future amendments/modifications that do not involve financial impact.
Request for approval of the Baker & Taylor Early Shipment Agreement for purchasing and receiving certain products in advance of the on-sale date, and approval for the County Manager to sign said agreement. There is no fiscal impact.
Request for approval and signature of Resolution 2013-76 to advertise Public Hearing to vacate a portion of right of way of Glenn Drive. There is no fiscal impact. Commission District 3.
Request for approval of Amendment for the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Project, Construction Engineering Inspection (CEI) services for the South Lake Trail, Phase II, to Tierra, Inc. There is no fiscal impact.
Request for approval and authorization for Chairman to execute a satisfaction and release of lien for six (6) special assessments. There is no fiscal impact. Commission Districts 4 and 5.
Request for approval and signature of Resolution No. 2013-77 to advertise Public Hearing to vacate and cease maintenance on S. Libby Road, lying Westerly of Wilson Lake Parkway and Southerly of West Libby Road. There is no fiscal impact. Commission District 1.
Request for approval to re-award contract 13-0417 for Roadside Mowing and Litter Removal (Area C) to Native Land and Tree, Inc. (Leesburg FL), and approve termination of the existing contract for those services. The fiscal impact is estimated at $80,355.90 (Annual Expenditure).
public hearings: rezonings
Mr. Brian Sheahan, Planning and Community Design Manager, stated that the cases had been properly advertised and noticed. He mentioned that one of the property owners adjacent to the proposed land use change for Tab 5 requested a postponement to take time off from work to attend the public hearing and added that the property owners were provided notice as required by the Code. He indicated that there were no other proposed changes to the agenda.
rezoning consent agenda
Commr. Cadwell suggested moving all of the cases, except for Tab 5, to the Consent Agenda.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved to move Tabs 1, 2, 3, 4, 6 and 7 to the Consent Agenda.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Rezoning Consent Agenda as follows:
Renningers Twin Markets
Comprehensive Plan Amendment
(Transmittal) FLUM change – Urban Low to Regional Commercial
Request to change the Future Land Use Map on five parcels, consisting of approximately 62 acres, known as Renninger’s Florida Twin Markets from Urban Low Density to Regional Commercial.
Tab 2. Ordinance No. 2013-34
Barrington Estates, Phase II (Adoption)
Comprehensive Plan Amendment
FLUM change – Rural Transition to Urban Low
Request to change 9.92+/- acres south of Clermont from Rural Transition to Urban Low.
Protection of Shorelines and Establish Minimum Buffer
Requirements Comprehensive Plan Amendment
(Transmittal) FLUM change
Request to amend Policy III-2.2.7 Protection of Shorelines and Policy III-2.5.13 Establish Minimum Buffer Requirements to recognize existing development orders approved prior to the effective date of the 2030 Comprehensive Plan that establish less restrictive wetland setbacks and upland buffers.
Tab 4. Ordinance No. 2013-35
Custer Trucking/Island Food Store
Comprehensive Plan Amendment (Adoption)
FLUM change – Rural Transition to Industrial
Request to change the Future Land Use Map on parcels located at the northeast corner of CR 44 and Emeralda Avenue from Rural Transition to Industrial.
Tab 6. Ordinance No. 2013-37
Villa City East, LLC
Comprehensive Plan Amendment (Adoption)
FLUM change – Rural Transition & Urban Low to Regional Office BLR
Request to change the Future Land Use Map on one vacant parcel located on CR 565 and adjacent to the industrial park from Rural Transition and three vacant parcels located east of CR 565 and south of US Hwy 441 from Urban Low Density to Regional Office.
Tab 7. Ordinance No. 2013-38
Cirelli/Vosilla Property Rezoning
Request to rezone property from Agriculture (A) to Medium Suburban Residential District (R-4).
rezoning regular agenda
LPA #13/1/8-2 – honda comprehensive plan amendment
Commr. Campione opened the discussion regarding the request for a postponement.
Commr. Cadwell asked how long this had been in the pipeline.
Mr. Sheahan replied that it began on May 25, 2010.
Commr. Cadwell noted that the Board bends over backwards for applicants and citizens to make sure they have had an opportunity to express their concerns, but since the case had been going on for so long they needed to move forward with it.
Commr. Parks commented that they needed to move forward with it since they have dealt with it for a long time. He added that there was a concern regarding what specifically would be on the site the last time it was brought up, and it was remedied by having the site plan come to the Board for approval.
The Chairman opened the public hearing regarding the postponement.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board denied the request for a postponement.
Mr. Minkoff placed the proposed ordinance on the floor by title only as follows:
an ordinance of the board of county commissioners of lake county, florida, amending the lake county 2030 comprehensive plan; amending the future land use map from regional office to regional commercial for six parcels located on the south side of east sr 50 and west of the county line with alternate keys #1037409 (headquarters orlando real estate llc), #3798103 (B & B of south florida, inc.), #3309324 (B & B of south florida, inc.), #1592356 (ricci, alan & paula), #2827068 (battlam, hamida f. & naseen, bano latif), and #3784890 (florida discount self storage llc); providing for publication as required by section 163.3184(11), florida statutes; providing for severability; and providing for an effective date.
Mr. Sheahan stated that this amendment was one of the 11 amendments rejected by the Department of Community Affairs (DCA) that they determined had been improperly adopted at the adoption hearing for the 2030 Comprehensive Plan, and the Board directed staff to bring those amendments back for reapproval. He explained that the amendment would convert the existing regional office land use designation to regional commercial and then showed on a map the properties in question and the current buffers between the residential and commercial properties. He indicated that regional office and regional commercial uses were almost identical by having the same performance standards, except that retail commercial uses were not allowed under regional office. He addressed the concerns raised by the opposition and specified that one of the main concerns was allowing commercial uses next to residential uses, and he noted that it was quite common along east SR 50 to site regional office and regional commercial uses next to residential uses. He related that another concern raised was that a concrete plant would be developed on the vacant property, but that would not be allowed under the current or proposed land use categories. He stated that transportation concerns were also raised, but a recent FDOT study for that segment of SR 50 showed there were no transportation issues. He added that stormwater impacts were a concern that would be addressed on a case by case basis and would be reviewed by the St. Johns River Water Management District and confirmed by County staff. He mentioned that there were multiple code enforcement issues with Headquarter Honda; however, those were not pertinent to the land use case, because a development was not being approved.
The Chairman opened the public hearing.
Ms. Anita Geraci-Carver, representing B & B of South Florida, thanked the Board and staff for initiating the amendment and moving it forward. She mentioned that her client’s two parcels were located on SR 50 to the west of Headquarter Honda and that they were very close to the turnpike interchange, so it was an ideal location for commercial property. She indicated that her client planned to use the property for commercial uses rather than office uses since there was a great need in the community. She pointed out that none of the local roads would be impacted and that they would come back to the Board for zoning and site plan approval once they decided to develop the property. She stated that at that time they would address any concerns the neighbors had and would work with them the best they could.
Mr. Ryan Crouso, a resident of Winter Garden, commented that the sound barrier wall built at the Honda dealership worked great except for when the car wash ran, because it sounded like a jet plane for those who lived next to it. He noted that the buffer for the Honda dealership was located on the County easement instead of Honda’s property and asked if that was normal practice. He also mentioned that the property owner names listed on the surrounding properties may be incorrect and wanted to make sure the correct names were listed on the notifications.
Commr. Campione replied that a buffer would normally be built on private property and not County property. She then asked staff to look into the easement issue as well as the ownership issue to make sure the names were correct.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Parks noted that he thought they had come to a good compromise, because the buffering concerns raised by the residents had been addressed, and he appreciated the fact that the applicant and Ms. Geraci-Carver were being sensitive to those concerns.
On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved LPA #13/1/8-2, Honda Comprehensive Plan Amendment, which was a request to change the Future Land Use Map for six parcels located on the south side of east SR 50 and west of the county line from Regional Office to Regional Commercial.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
contract for Transportation Operator Services
Ms. Dottie Keedy, Community Services Director, gave a presentation regarding the Public Transportation request for proposal (RFP) process and the recommended contract. She explained that the current contract with MV Transportation expires on September 30, and the RFP’s were issued in March. She noted that five responses were received, and an RFP Committee was created to review the responses, which included Community Services, Finance and Fleet staff, as well as staff from FDOT and Lynx. She related that 2 firms were short-listed, and ultimately Ride Right Transit, LLC was chosen and a contract was negotiated. She indicated that the contract term was for October 1, 2013 to September 30, 2016, providing for four one-year extensions. She added that the contract included services such as the fixed route service (LakeXpress), the ADA complimentary paratransit service, and the Transportation Disadvantaged service. She pointed out that there were multiple efficiencies and enhancements in the contract, including performance measures, a liquidated damages provision, the use of enhanced paratransit trip scheduling software, a “No Idle” policy for paratransit buses to save on fuel, a functional assessment of Transportation Disadvantaged clients in order to move them from paratransit to the fixed route, an agreement by the contractor to provide assistance to Fleet Maintenance at no additional charge, and coordination with Sumter County for possible Transportation Disadvantaged trip sharing for cost savings since they were Sumter County’s transit provider as well. She reviewed the funding for the existing services, noting that LakeXpress was fully funded by State and Federal grants, and the paratransit service was funded by the General Fund and State and Federal grants. She stated that the local dollars spent on paratransit service were used as a match to draw down the State and Federal funding to operate the fixed route. She explained that the proposed Ride Right contract was $3,565,032 annually and that their bid was actually $135,000 higher than the second ranked firm, but the impact to the General Fund was actually $18,000 less than the second ranked firm since their Transportation Disadvantaged trip cost was lower. She indicated that the savings to the General Fund FY 2013/2014 budget was $133,429 and there would most likely be additional savings with Ride Right’s enhanced efficiencies.
The Chairman opened the public hearing.
Mr. Edward Griffin, Vice President of MV Transportation, thanked the County for the opportunity to serve the citizens of Lake County over the last eight years. He expressed that MV Transportation was proud of their performance and for the significant growth in service during their tenure, and that they would provide excellent service through the end of their contract and make every effort to ensure a smooth transition even though they were disappointed in the recommendation to employ another company.
Mr. Patrick McNiff, Vice President of Ride Right, commented that he supported staff’s recommendation and thought the procurement process was fair and thorough. He opined that they could bring some best practices and synergies to Lake County as they did for Sumter County, which resulted in Sumter County being awarded the rural transportation system of the year. He added that he looked forward to working with Lake County.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved contract 13-0209 for Transportation Operator Services under the County's fixed route and para-transit public transportation programs to Ride-Right, Inc. (St. Louis, MO).
route 55 discussion
Commr. Parks stated that he had received numerous calls and emails of concern specifically from the residents in Cagan Crossings who use Lynx Route 55 and also from the manager at the Four Corners Walmart who stated there were about 30 employees, as well as customers, who depended upon that route.
Ms. Keedy explained that the County had an agreement with Lynx to provide a fixed route service from the Four Corners Walmart to the Osceola Square Mall and that the route mostly served Orange and Osceola County residents, as approximately only 10 percent of the riders were from Lake County. She related that in March the Board voted to end the funding for Route 55 as of June 30, 2013 in order to meet budget reductions, and the savings to the General Fund for FY 2012/2013 was $17,683, with an annual savings of $70,734 for FY 2013/2014. She noted that Lynx still operated the service and that staff worked with Lynx to find other funding sources to continue the service through September 2013. She indicated that the Lynx Board of Directors approved a continuation of the Route 55 Funding Service Agreement with the County last week in the anticipation that funding could be secured; however, the agreement did not address a funding source. She pointed out that transit was funded through FTA Section 5307 grants and that the expansion of the Orlando urban area into Lake County after the 2010 Census would provide an estimate of $396,000 in additional 5307 funds for South Lake transit services for next fiscal year. She stated that they were notified that they could apply for Pre-Award Section 5307 funds for the current fiscal year, but funding was not guaranteed. She mentioned that the only funding sources for Route 55 were through the General Fund and possibly through the Pre-Award Section 5307 funds, and the use of federal funds to continue the service after September 30 would likely impact the County’s ability to purchase new buses to start a fixed route along SR 50 in FY 2014/2015.
Commr. Parks commented that although the Board made a clear decision to not pull money from the General Fund, he was asking for them to consider using some of the urban allocation money and to apply for the Pre-Award Section 5307 grant. He also noted that staff approached Disney World, Walmart, and Cagan Crossings in hopes of receiving additional funding from them.
Commr. Cadwell asked how that would affect what the County was trying to do in Groveland and Mascotte.
Mr. Heath answered that there was some residual money left in Lynx’s current year budget that the County could receive if they applied for it; however, it was Lynx’s policy not to do contingencies. He noted that Lynx would expect Lake County to guarantee that the funds would come out of the General Fund in the event they received the money for the remaining part of the year. He added that it was uncertain what to do come October 1 with the SR 50 route and Route 55.
Commr. Parks stressed that the cities of South Lake needed to step up and commit to this long term, adding that public transportation was expensive and was hard to take away once people became dependent upon it.
Commr. Cadwell mentioned that he was pro public transportation, but they had to look at the overall good of Lake County and their transportation system. He related that their decision would affect the route in Groveland and Mascotte even though it did not seem like a lot of money. He opined that they should start having discussions with the cities in the Golden Triangle area asking them to step up and kick in as well. He added that he wished there was another way to help the employees in Cagan Crossings, but Walmart needed to kick in as well if they were really concerned about their employees getting to work.
Commr. Campione stated that Lynx needed to provide the route themselves. She noted that Polk and Osceola Counties were not chipping in, so it did not make sense that Lake County had to provide the extra funding when only a small amount of Lake County residents used the route.
Commr. Sullivan pointed out that they made commitments to make budget cuts, and Route 55 was one of those commitments. He related that the County had been subsidizing that route, but it was Lynx’s responsibility as part of their contract. He expressed that they should continue with eliminating Route 55 for this year, but to see about using the funding they would get for the Groveland and Mascotte route for next year.
Commr. Parks suggested having staff aggressively pursue the employers of the employees who would be affected the most to find them a new route.
Commr. Cadwell recommended having the Chairman write a letter to the Chairman of Osceola County and Mayor Teresa Jacobs in Orange County letting them know that if they did not assist with funding, Lake County would discontinue their funding support as well.
Commr. Campione stated that she would be glad to do that.
Mr. Heath pointed out that his next step would be to contact Lynx letting them know that the Board would pass on the agreement, adding that once Lynx received the letter, they may end the service sooner since they have been funding it without the County’s support since June 30.
Lady Lake Interlocal Service Boundary Agreement
Commr. Cadwell mentioned that the Board was a little hesitant about the process with the cities when the Interlocal Service Boundary Agreements (ISBA) first began, but having a commissioner involved on both sides during the process helped to make sure staff understood the Board’s intent. He opined that staff had done a great job and he appreciated all of their work.
Commr. Campione related that she had recently discussed the ISBA process and their goals for making business relocation and expansion easier with the MetroOrlando EDC. She noted that it was really an economic development tool as well as an intergovernmental cooperation issue.
Ms. Amye King, Growth Management Director, gave a presentation regarding the existing ISBAs and the proposed Lady Lake ISBA. She defined an ISBA as an agreement adopted between a county and municipalities, which may include one or more independent specials districts as parties to the agreement. She reviewed that the existing ISBAs were with Umatilla, Montverde, and South Lake; the proposed ISBAs were with Lady Lake and Clermont; and there was a request from Mount Dora. She then discussed the Lady Lake ISBA and stated that the agreement was between the Town of Lady Lake, The Villages Center Community Development District and Lake County. She explained that there would be no limitations to the annexation criteria provided there were services available, and they were going to work on making the Land Development Regulations consistent. She indicated that the agreement also included solid waste and fire hydrant commitments, sharing the equipment at cost, E-911 addressing standards using the grid that had been established, water and sewer boundaries, and economic development. She pointed out that the fire service boundaries were the same as the ISBA and that the County would provide 20 years of fire protection.
Mr. John Jolliff, Fire Chief and Public Safety Director, explained the Fire Rescue Agreement, specifying that Lake County Fire Rescue would pay $62,000 annually, which represented 50 percent of the Lake County fire fees collected within the unincorporated areas covered by The Villages Fire Rescue. He related that Lady Lake had a contractual service agreement with The Villages Fire Rescue to provide emergency services and that the residents within that area paid an annual fire fee of $90.11 for fire protection, which in turn was distributed to The Villages. He added that the town was pleased with the County Fire Department and had no intentions of establishing a new fire department and that the County had a good agreement for fire and emergency response with The Villages, so it was a win-win for all.
Mr. Minkoff noted that this was the first automatic aid agreement with The Villages and Lake County and that it was a true first response. He added that there would be no additional compensation for the automatic aid.
Ms. King concluded the presentation noting that the fire service agreement was established in 2003, and it would remain in effect for the duration of the ISBA. She then requested permission from the Board to advertise the proposed Lady Lake ISBA.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved to advertise a Public Hearing for the Lady Lake Interlocal Service Boundary Agreement (ISBA) ordinance.
RECESS AND REASSEMBLY
The Chairman announced at 10:23 a.m. that there would be a ten-minute recess.
County manager’s departmental business
Fiscal and Administrative Services
Solid Waste and fire Assessments
Mr. Steve Koontz, Fiscal and Administrative Services Director, gave a presentation on the Solid Waste and Fire Assessments. He reviewed that the Solid Waste Assessment was used to fund the collection, management, and disposal of solid waste and recovered materials. He explained that there were no changes in the rate of $184, and the estimated revenues were $12,392,400. He added that the Solid Waste RFP would not impact the FY 2014 assessment rates. He noted that the Fire Assessment was used to fund fire protection services, but it could not fund advanced life support (ALS) services. He indicated that Tindale-Oliver recommended maintaining the current assessment schedule of $181, and the estimated revenues were $16,325,000. He added that a full update of the Fire Assessment Study would be done in FY 2014. He then requested approval of the Solid Waste and Fire Assessment resolutions which established a public hearing date of September 10, 2013 at 9:00 a.m.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2013-78 which initiates the annual process for preparation of the Solid Waste Assessment Roll, authorizes the publication of the advertisement for a September 10, 2013 Public Hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of the Solid Waste Assessment fees for the Fiscal Year beginning October 1, 2013. The maximum proposed residential rate is $184. The fiscal impact is $12,392,400.00.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2013-79 which initiates the annual process for preparation of the Fire Assessment Roll, authorizes the publication of the advertisement for a September 10, 2013 Public Hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of the Fire Assessment fees for the Fiscal Year beginning October 1, 2013. The maximum proposed residential rate is $181. The fiscal impact is $16,325,000.00.
discussion of millage rates
Mr. Koontz gave a presentation regarding the tentative millage rates and reviewed that the gross taxable values for the General Fund had declined 34 percent over the past five years, but it increased 0.42 percent for FY 2014. He added that the ad valorem revenues in the General Fund decreased 33.8 percent over the past five years, but there was a slight increase for FY 2014. He noted that the Ambulance MSTU millage rate was currently 0.3853, there was a reserves of $365,000, and it was used to provide $5.3 million to the Lake EMS operations. He indicated that there was a $200,000 funding gap in that MSTU, and it was decided to use the Infrastructure Sales Tax for capital needs to make up that gap. He added that the Board directed them to maintain the current millage rate for FY 2014. He related that the Public Lands Voted Debt millage rate was currently 0.1900, which was an increase from FY 2012 in order to make the principal and interest payments, and the Board directed them to maintain the current millage rate for FY 2014. He stated that the Fire MSTU millage rate was currently 0.3222, and there was a slight reduction in revenues because of the decrease in property values in the unincorporated areas. He mentioned that the fire fund was funded by the fire assessment and the MSTU and that there was currently $3 million in reserves and some funding for capital and automatic aid. He added that the Board directed them to maintain the current millage rate for FY 2014. He pointed out that the Parks and Stormwater MSTU millage rate was currently 0.4984 and that the funding was split with 87 percent going to parks and 13 percent going to stormwater. He related that there was no funding to maintain new projects, there were no reserves, the expenditures have been reduced by $330,000, and reductions in park repair and maintenance would adversely impact park operations. He noted that the Board directed them to increase the millage rate to 0.5504, since that would generate $400,000. He reported that the General Fund millage rate was 4.7309 and that they considered several strategies to make up for the shortfall, such as 10 percent reductions to County departments, to increase the millage rate to 4.7965, and to use the Infrastructure Sales Tax for the debt service, which what was ultimately chosen. He added that the millage rate would be maintained at 4.7309.
Mr. Koontz specified that they received preliminary notice from Polk County that they would be reducing their funding for the Cagan Crossings Library from $54,000 to $7,600. He indicated that staff had requested additional information from them to be presented at a future work session, and they could use some of the Library reserves to help cover the funding gap. He related that there were some billing changes with the Department of Juvenile Justice (DJJ) resulting in the State being responsible for 68 percent of the costs, saving the County $155,000 in FY 2013 and $370,000 in FY 2014, and they could use the savings for the General Fund which would alleviate the need for the Infrastructure Sales Tax, spend the money on the parks which would alleviate the need to increase the Parks and Stormwater MSTU, place the money in the General Fund reserves which would increase it to 7.7 percent, or a combination of those strategies.
Mr. Heath mentioned that this had been a tough budget process, but they were given a life preserver with the DJJ savings that would get them through one more year. He noted that some of the Commissioners had expressed concern about using the Infrastructure Sales Tax to balance the General Fund; however, it would be a one-time fix and would not displace any of the projects currently funded. He recommended leaving all of the millages at the FY 2013 rates, using the DJJ savings to forego the Parks and Stormwater MSTU millage increase and for the employee compensation proposal, and using about $1 million of the Infrastructure Sales Tax to balance the General Fund. He then explained the employee compensation proposal and noted that 160 full time General Fund positions had been eliminated since FY 2007 and that there had been 65 employee separations in FY 2010-2011, 80 in FY 2011-2012, and 88 in FY 2012 through June 2013. He related that the last time the employees received a raise was in FY 2008 and that the employees received a one-time $1,000 bonus in FY 2009. He mentioned that the employees were then put through furloughs in FY 2010-2011, which was approximately a four percent salary reduction, and since FY 2012 they have been required to contribute three percent of their pay towards the Florida Retirement System. He recommended giving the employees a one-time $500 incentive pay, which was consistent with Florida Statute 215.425, and would cost about $120,000 out of the General Fund. He added that there would be enough funds available to do the same incentive pay for the employees funded out of the Fire, Gas Tax, and Solid Waste funds. He specified that the incentive pay would be available for all County employees as of October 1, 2013 with the caveat that employees who have not completed their probationary period or who are on a Performance Improvement Plan would receive the incentive pay upon successful completion. He expressed that this would be a morale builder for all employees.
Mr. Heath pointed out that the first budget public hearing would be September 10 at 5:05 p.m., and the second one would be September 24 at 5:05 p.m. He requested that the Board approve the budget recommendation including the employee compensation proposal, the use of the Infrastructure Sales Tax to balance the General Fund, as well as restoring the cuts to LifeStream if the Board was inclined to do so. He also requested that the Board set the millage rates to be included on the TRIM notices for the Lake County Ambulance at 0.3853, the Public Lands Voted Debt at 0.1900, the Fire Medical Services at 0.3222, the General Fund at 4.7309, and Parks and Stormwater at 0.4984; and to approve the hearing dates and advertisements.
Commr. Cadwell expressed that Mr. Heath had done a great job through the budget process while having to deal with various changing factors. He pointed out that they would miss an opportunity to solidify an additional $400,000 by not increasing the Parks and Stormwater MSTU, adding that he had not had any pushback from the idea of raising that MSTU, since it would help fund those needs. He mentioned that he would support the employee compensation proposal, because they needed to do that for their employees. He opined that raising the General Fund millage rate to 4.7965 was the prudent thing to do for this year, since it would give them the ability to rebuild a little bit of their reserves, and they could take that extra money to compensate the employees and use the rest towards transportation. He stressed that going with staff’s recommendation was only a patchwork approach that they would regret next year.
Commr. Parks stated that he was supportive of the package presented by the County Manager, because it would buy them another year. He related that they needed to protect their commitment to parks and stormwater, noting that maintaining the funding and the support for them was tantamount. He mentioned that they needed to remove a project off the list if they pulled money from the Infrastructure Sales Tax, since it ultimately affected their capital spending power in the future.
Commr. Sullivan commented that he was comfortable with what had been presented, except he wanted to raise the Parks and Stormwater MSTU because he did not see how they could continue funding the infrastructure without the increase. He added that he agreed with Commr. Cadwell that they would be passing up an opportunity if they did not raise it and that they were probably looking at a General Fund increase next year regardless of their decisions this year.
Mr. Heath clarified that the extra $400,000 they would receive from raising the Parks and Stormwater MSTU could either be put towards the Infrastructure Sales Tax transfer so that only about $600,000 would go to the General Fund and $200,000 would go to EMS, or they could transfer the full amount from Infrastructure Sales Tax into the General Fund and put the $400,000 in reserves towards next year.
Commr. Conner mentioned that he had been fully prepared to support the increase in the Parks and Stormwater MSTU, because he had not received any objection to that; however, he would support the alternative that the County Manager brought to them. He stressed that he only supported using the Infrastructure Sales Tax for this year only and that he was not making any commitments to use it in future years. He added that they needed to have a discussion on what projects would be sacrificed by doing so.
Commr. Campione commented that she supported the employee compensation proposal and the use of Infrastructure Sales Tax to pay for debt service on qualifying infrastructure improvements. She indicated that they needed to take care of LifeStream by restoring the $52,000, because they would end up paying for it if they did not. She pointed out that she was hopeful they would see some savings at the end of the fiscal year and possibly next year as a result of the negotiations with the hospitals and ARMOR in regards to the inmate medical.
Commr. Cadwell made a motion, which was seconded by Commr. Sullivan, to approve the Parks and Stormwater MSTU millage rate at 0.5504. The motion failed by a 2-3 vote. Commr. Campione, Commr. Conner, and Commr. Parks voted “no.”
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the budget recommendation of using the DJJ savings to forego the Parks and Stormwater MSTU millage increase and for the employee compensation proposal, restoring the $52,000 to LifeStream, and using about $1 million of the Infrastructure Sales Tax to balance the General Fund.
On a motion by Commr. Sullivan, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved to set the Lake County Ambulance millage rate at 0.3853.
On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to set the Public Lands Voted Debt at 0.1900.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved to set the Fire Medical Services MSTU at 0.3222.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried by a 4-1 vote, the Board approved to set the General Fund millage rate at 4.7309.
Commr. Cadwell voted “no.”
On a motion by Commr. Conner, seconded by Commr. Parks and carried by a 3-2 vote, the Board approved to set the Parks and Stormwater MSTU at 0.4984.
Commr. Cadwell and Commr. Sullivan voted “no.”
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the public hearing dates and advertisements of September 10, 2013 at 5:05 p.m. and September 24, 2013 at 5:05 p.m.
library advisory board
On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board appointed Mr. Robert P. Peraza to the District 2 seat of the Library Advisory Board to complete an unexpired term ending February 28, 2015.
lake county arts and cultural alliance
On a motion by Commr. Sullivan, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board appointed Mr. Richard Hoon, City of Eustis; Ms. Nancy Zinkofsky, City of Mount Dora; and Ms. Debbie Stivender, City of Tavares to serve a two-year term ending July 31, 2015, and appointed Mr. Joe Wynkoop, City of Montverde, to serve a one-year term ending July 31, 2014 to the Lake County Arts and Cultural Alliance.
reports – county attorney
wells fargo bank property donation
Mr. Minkoff reported that Wells Fargo Bank contacted the County asking if it would accept a foreclosed home in the Umatilla area as a donation, and in addition they were willing to pay the County between $5,000 and $10,000 in cash to take it. He stated that the County departments were contacted, but no one had a use for it, so they contacted Habitat for Humanity and Homes in Partnership, which were both interested in the property. He noted that Community Services recommended donating it to Habitat since they recently built a home near that location. He recommended accepting the donation, authorizing the Chairman to sign the necessary documents, declare it surplus, donate it to Habitat, and put the cash contribution into the General Fund.
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved to accept the donation from Wells Fargo Bank, declared it surplus, donated it to Habitat for Humanity, authorized the Chairman to sign the necessary documents, and put the cash contribution into the General Fund.
reports – county manager
Land and Water Conservation Fund grant
Mr. Heath reported that the Public Resources staff had been contacted by the Department of Environmental Protection stating that the County would be receiving a Land and Water Conservation Fund grant in the amount of $200,000 to go towards the Miracle League field at Lake Idamere. He mentioned that they would need an additional $200,000 for the first phase, which they could discuss at the beginning of October.
City of Mount Dora ISBA
Mr. Heath related that they have been contacted by the City of Mount Dora to do an ISBA for their employment center area in the east section of town, which will come back to the Board next month.
City of minneola CRA
Mr. Heath stated that he had been contacted by the City Manager of Minneola asking about resetting their base year for their Community Redevelopment Area (CRA), and staff was currently evaluating that.
Blue rhino tour
Mr. Heath indicated that Governor Scott was coming to the Institute of Public Safety and was going to take a tour of the Blue Rhino site at 3:00 p.m. that afternoon.
reports – commissioner parks – district 2
drowning and water safety task force
Commr. Parks mentioned that he wanted at some point an update on their drowning and water safety task force.
REPORTS – COMMISSIONER conner – vice-CHAIRMAN AND DISTRICT 3
mission inn edc event
Commr. Conner commented that the EDC event at the Mission Inn went well last night and that the presentation was excellent and one of the best ones he had ever seen.
reports – commissioner cadwell – district 5
Spring Creek Charter School in Paisley
Commr. Cadwell mentioned that Mr. Curry, the Principal of Spring Creek Charter School in Paisley, requested hiring a resource officer for that school since it was now considered a K-8 middle school and asked if the County Manager could speak with him and come up with a contract. He noted that the Sheriff was willing to supply the equipment needed for the officer out of his budget, and the contract with the County would include the salary and benefits for the officer.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
County Manager and County Attorney evaluation forms
Commr. Campione stated that they had talked about making some changes to the evaluation forms last year, and she noted that her biggest concern with the current forms was that there were too many superlatives. She suggested using the City of Stuart’s form, which had four categories, but take it down to three to state exceeding expectations, meeting expectations or needs improvement.
Commr. Cadwell commented that he was fine with the City of Stuart’s form, adding that they needed a form that had some reasonable questions so that people understood the Board was doing their due diligence in evaluating the County Manager and County Attorney.
Commr. Conner mentioned that either of those forms was fine with him.
Commr. Sullivan pointed out that in his experience with evaluations in the military, the officers always got in the top three blocks no matter how good, bad or indifferent they were. He stated that he liked the idea of using the City of Stuart’s form, but with just the three categories.
On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to use the City of Stuart’s performance evaluation form with only the following categories: exceeds expectations, meets expectations, and needs improvement.
whitaker family property
Commr. Campione mentioned that the Whitaker family property located in Grand Island had their planned commercial zoning designation removed when the locational criteria was put in place, because the Whitaker’s were not able to meet that criteria, and the last Local Planning Agency did not give them the designation. She asked for the Board’s support in restoring that designation and noted that the family would have to work through a planned zoning ordinance to address the site plan if restored.
Commr. Cadwell related that he met with the owners along with staff and came up with a plan that could work if the other five property owners agreed with it. He asked for staff to find a way to make it work.
The Board reached a consensus for staff to find a solution.
Mission inn edc event
Commr. Campione commented that the Economic Development and Tourism staff put together incredible books for the Metro EDC staff to use as a prototype for their regional branding efforts.
School impact fees
Commr. Campione mentioned that there was a presentation given at the School Board meeting last night by Fishkind & Associates on various funding mechanisms, and it was narrowed down to assessments and impact fees. She pointed out that the School Board voted 3-2 to make a recommendation to the Board to pursue the assessment concept for the full amount that was currently set forth in the impact fee study, and a request to meet within 30 days. She opined that they should set some parameters and gather a list of questions to be addressed for the meeting. She added that she wanted to understand how the School Board’s funding worked specifically for capital improvements, such as what could be used for capital improvements, new construction, and repairs; how the money was currently being allocated; where the existing student stations were located and whether they were located in areas with the greatest needs; and whether an assessment would be used for debt service if put in place. She expressed that they needed to be well-informed about how the money was going to be used if they came up with a program for a $10,000 assessment on new home construction.
Commr. Conner noted that those questions should be submitted in advance so they could review the answers before the meeting. He added that it would take about a four to eight hour presentation to address those questions, because the answers were complex.
Commr. Parks commented that it took the Capital Facilities Advisory Committee a couple of meetings to completely understand the School Board’s funding.
Commr. Sullivan stated that the Board needed to have a good understanding of their funding, but discussing that at a meeting with the School Board would take an entire day.
Commr. Cadwell explained that the Board’s job was to weigh the School Board’s decisions and recommendations against what was best for economic development and for the County, adding that he did not want to cross the line of tending to the School Board’s business.
Commr. Conner agreed, noting that he did not want to be in conflict with the School Board over their capital plan. He pointed out that he understood that the motion was for the School Board to sit down with the Board to discuss funding options and that it was not to discuss a specific recommendation on assessments. He suggested asking for a letter from the Chairman of the School Board to clarify what their motion was.
Commr. Parks noted that he had watched some of the meeting, and it was his understanding that they had a 3-2 vote for the $10,000 as an assessment. He added that they also discussed MSBU’s and even asking existing neighborhoods to set up voluntary taxing districts, but they wanted to discuss all of those options with the Board.
Ms. Carolyn Maimone, Executive Director with the Lake-Sumter Home Builder's Association (HBA), commented that the recommendation was to implement impact fees and give builders for large areas the option to have assessments instead. She related that they wanted to discuss the assessment option and other options with the Board.
Commr. Campione stated that they needed to know specifically what the School Board was asking of them, so once they received clarification they could schedule a meeting with them.
Mr. Heath pointed out that the old fee would go into effect October 1, and he suggested setting a date for the meeting at the August 27 Board meeting to give enough time for advertisement of a September public hearing.
The Board reached a consensus to ask the School Board for a letter clarifying the motion made at the meeting, and they would then set a date to meet with the School Board once they received clarification.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:10 p.m.
leslie campione, chairman
NEIL KELLY, CLERK