A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
september 27, 2016
The Lake County Board of County Commissioners met in regular session on Tuesday, September 27, 2016 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: Sean Parks, Chairman; Welton G. Cadwell, Vice Chairman; Timothy I. Sullivan; Jimmy Conner; and Leslie Campione. Others present were: David Heath, County Manager; Melanie Marsh, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Kristy Mullane, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION and pledge
Pastor Alan Holden from Midway Baptist Church in Leesburg gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. David Heath, County Manager, stated that there were three items added to the agenda on Friday, September 23, which were Tab 31 regarding termination of the fire agreement that the Board approved several weeks ago with the City of Fruitland Park, a new Tab 32 containing an update of the Sheriff’s letter regarding the transfer of Animal Services, and a new Tab 33 requesting approval to advertise new impact fee waivers, as requested by Commr. Campione.
MINUTE APPROVAL
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the minutes of the BCC Meetings of August 9, 2016 (Regular Meeting) and August 23, 2016 (Regular Meeting) as presented.
citizen question and comment period
Mr. Vance Jochim, a resident of Tavares who writes a blog about local governmental issues, opined that the presentation Commr. Campione gave to the School Board about the impact fee proposal was well done and that he believed in flexible impact fees based on how close they were to existing infrastructure, since they were not incurring the need for more highways, sewers, or other infrastructure. He added that the schools were short of funding and in dire need of income, and the School Board just turned down a charter school which could have saved them money by building their own school or leasing one. He mentioned that growth in the county will make this problem more pronounced. He also suggested that the County place the 5:05 p.m. budget hearing as a separate meeting on the website to make it more visible and transparent.
presentation of proclamations
world heart day proclamation
Commr. Sullivan read Proclamation No. 2016-97 for World Heart Day into the record and presented it to Mr. Aaron Kissler, Lake County Health Department Administrator.
On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the World Heart Day Proclamation.
proclamation recognizing 4-h week
Commr. Parks commented that this is a chance to recognize some very special people and read Proclamation No. 2016-100 recognizing October 2 through October 8, 2016 as 4-H Week in Lake County into the record, which had been approved at a previous BCC Meeting. He presented the proclamation to Lake County 4-H members and volunteers who were present.
Ms. Juanita Popenoe, County Extension Director for the University of Florida Institute of Food and Agricultural Sciences Extension Program, thanked the Board for their continued support. She explained that the Lake County 4-H program provides life skills development for over 515 young people in Lake County, and research has shown that youth engaged in 4-H are more likely to finish high school, attend an institute of higher learning, and contribute more to their community than those who are not members of 4-H. She added that they were very proud of the accomplishments of those young people and thankful for the volunteers who assist them.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, 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 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.
Notification of Annual Financial Report Filed by Cascades at Groveland CDD
Request to acknowledge receipt of notification that Cascades at Groveland Community Development District filed an Annual Financial Report for 2015 with the Department of Financial Services per Florida Statute, Section 218.32(1)(a).
Application for Increase in Rates of Water and Wastewater
Request to acknowledge receipt of Application for Increase in Rates of water and wastewater in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco, Pinellas, Polk, and Seminole Counties by Utilities Inc. of Florida, Docket No. 160101-WS before the Florida Public Service Commission, as required by its Rule 25-22.0407, along with a cover letter transmitting same dated August 31, 2016 from Friedman & Friedman, Attorneys at Law.
Notification of Annual Financial Report Filed by Arlington Ridge CDD
Request to acknowledge receipt of a letter dated September 1, 2016 stating that the Arlington Ridge Community Development District has filed an Annual Financial Report with the Department of Financial Services, per the requirements set forth in Section 218.32(1)(a), Florida Statutes.
Schedule of Meetings for FY 2017 from Southwest Florida Water Management District
Request to acknowledge receipt of the Fiscal Year 2017 Schedule of Meetings from the Southwest Florida Water Management District and a map depicting the District’s boundaries, as required by Section 189.417, Florida Statutes.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 5 through 26 as follows:
Community Services
Request for approval and authorization for the Chairman of the Board of County Commissioners to sign the contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department. The contract is effective 10/1/16 through 9/30/17. The fiscal impact is $321,312 (Expense).
Request for approval for the Chairman of the Board of County Commissioners to approve the funding request for the Lake County School Board's Career-Technical, School Choice and Community Education Driver's Education Program - Behind the Wheel Training for fiscal year 2016-2017. The fiscal impact is $139,556 and is fully funded by the Traffic Education Trust Fund (Expense).
Request for approval of the quote from Hunt Insurance Group, LLC, to renew the catastrophic/hospital inmate medical insurance policy effective October 1, 2016 through September 30, 2017 and authorize the County Manager to sign all related implementation documentation. The fiscal impact is $39,085.20 (Expense).
County Attorney
Request for approval to declare the following County owned properties as surplus for the purpose of disposal: Alt Keys 1193648, 1481341, 1536138, 1675812 and 1338891. Also, requesting approval to donate Alt Key 1193648 to the City of Eustis and Resolution No. 2016-110 regarding the donation. There is no fiscal impact at this time.
Economic Growth
Request for approval of the agreement between Lake County and Trifecta Fishing, LLC for Hosting the Bass Pro Shop's Big Bass Amateur Tour Fishing Events. The fiscal impact is $52,500 ($17,500 per year; TDT expenditure).
Request for approval of the Special Master Agreement between Lake County and A.E. Langley and Mary S. Langley. The agreement will allow A.E. Langley and Mary S. Langley to submit an "out of cycle" application to Lake County for a site specific amendment to the Lake County Comprehensive Plan regarding the Langley Property (Alternate Key #1663059) located in the Green Swamp Area of Critical State Concern. The fiscal impact is $556.18, which is the cost of the Special Master.
Facilities Development and Management
Request for approval to award contract 16-0434, Fire Door Inspection and Maintenance Services, to Ruby Builders, Inc. (Orlando, Florida). The estimated annual fiscal impact is $80,000.
Request for approval to award contract 16-0222 to Evergreen Construction Management (Tavares) for construction manager services in support of a new Volleyball Fieldhouse to be built at Hickory Point. The initial fiscal impact is $10,255 for provision of pre-construction services. The estimated build cost of the new facility is $1,600,000. The Board will be presented a Guaranteed Maximum Price from the selected vendor for approval at the time that information becomes available.
Fiscal and Administrative Services
Request for approval of Resolution No. 2016-111 adopting the fee schedules for Fiscal Year 2017.
Public Resources
Request for approval and execution of Resolution No. 2016-112 to place a bench dedicated to the memory of Alice Ayers at the Lake County Extension Center. There is no fiscal impact.
Request for approval of contract 16-0429 for Bermuda Sports Turfgrass and Bahia Common Area Lawn Maintenance and Related Services at North Lake Community Park to Earthscapes Unlimited (Wildwood, Florida) and authorize the Procurement Office to execute all supporting documents. The fiscal impact is estimated to be $298,730 (Expenditure). Commission District 5.
Request for approval of contract 16-0430 for Bermuda Sports Turfgrass and Bahia Common Area Lawn Maintenance and Related Services at the Minneola Athletic Complex to Earthscapes Unlimited (Wildwood, Florida) and authorize the Procurement Office to execute all supporting documents. The fiscal impact is estimated to be $170,356 (Expenditure). Commission District 2.
Request for approval of contract 16-0431 for Bermuda Sports Turfgrass and Bahia Common Area Lawn Maintenance and Related Services at East Lake Community Park to Earthscapes Unlimited (Wildwood, Florida) and authorize the Procurement Office to execute all supporting documents. The fiscal impact is estimated at $177,516 (Expenditure). Commission District 4.
Public Works
Request for approval of LAP Agreement and supporting Resolution No. 2016-113 between Lake County and FDOT (Florida Department of Transportation) for the design service for a traffic signal at the intersection of North Hancock Road and North Ridge Boulevard (FPN #437486-1-38-01). The fiscal impact is $32,000. (100% Grant Funded in FY 2017). Commission District 2.
Request for approval to award contract 16-0023, to Infrastructure Engineers, Inc. (Winter Springs, FL) for engineering design of a roundabout at Old 441/CR 19A at Eudora Road in the amount of $324,934.35 (expense). This design is 100% funded in FY 2017 by an FDOT Local Agency Program Agreement (LAP) (FPN #437464-1-38-01), Federal-Aid #8886-903-A. Commission District 4.
Request for approval to execute Resolution No. 2016-114 accepting Hartle Road “Part” (Co. Road No. 1362) into the County Road Maintenance System. Hartle Road is located south of SR 50 in Section 26, Township 22, Range 26. There is no fiscal impact. Commission District 1.
Request for approval and execution of a License Agreement with the City of Umatilla for the purpose of installing city water system improvements in County owned RR property along the East side of S.R. 19, extending from Bulldog Way to Lake Street, in the City of Umatilla. There is no fiscal impact. Commission District 5.
Request for approval and signature of Resolution No. 2016-115 to advertise a Public Hearing to vacate a 20 ft. wide drainage easement for a lateral ditch that is no longer needed for Phase 2 of the C466A Widening Project. There is no fiscal impact. Commission District 5.
Request for approval to award contract 16-0029 to CB&I Environmental & Infrastructure, Inc. (Winter Garden, FL) for operation and maintenance (O&M) of the Astatula Fuel Remediation System. The fiscal impact will be $166,425.10 for year 1, $164,112.09 for year 2 and $168,114.43 for year 3, with a total amount of the contract not to exceed $498,651.62. (Expenditure) Commission District 4.
Request for approval of contract award to Trademark Metals Recycling (Ocala, FL) for the recycling of scrap metal and white goods, and authorize the Procurement Office to execute all supporting documentation. This is a revenue contract. The fiscal impact is estimated at $40,758.75 (revenue).
Request for approval of Unanticipated Revenue Resolution No. 2016-116 amending the general fund in order to receive unanticipated revenue for FY 15/16 in the amount of $26,582 from the Florida Department of Health, Bureau of Epidemiology, for the Lake County Mosquito Management Program, and approval of its associated Budget Transfer BUA 2016-12.159. The fiscal impact is $26,582 (100% Grant Funded).
Request for approval and execution of the St. Johns River Water Management District Grant agreement documents for the Magnolia Lane Water Quality Improvement project. The fiscal impact is $61,500.00 (100% Grant Funded). Commission District 3.
Public hearings
vacation petition no. 1227 – teresa karapontso knight
Mr. Jim Stivender, Public Works Director, explained that Vacation Petition No. 1227 by Teresa Knight was for a vacation of a utility easement in order to clear the title to the house which was built in 1978 on two lots, noting that the easement went through the middle of the house and the pool deck. He pointed out that there was no public purpose for the easement and recommended approval to clear title and approve the vacation.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this vacation, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2016-117 for a Public Hearing on Vacation Petition No. 1227 (Teresa Karapontso Knight) to vacate the side lot line utility easements.
rezoning consent agenda
Mr. Tim McClendon, Planning Manager, Economic Growth Department, submitted the advertisements for the day’s rezoning public hearings on the overhead monitor and related that Tabs 1, 2, 3, and 4 on the rezoning agenda were unanimously approved on the consent agenda by the Planning & Zoning Board on September 7, 2016. He requested that the Board approve the consent agenda consisting of Tabs 2, 3, and 4, noting that Tab 1 was pulled and placed on the regular agenda, since there were people who wanted to speak regarding that item.
The Chairman opened the public hearing regarding the Rezoning Consent Agenda.
There being no one who wished to address the Board at that time, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda as follows:
Tab 2. Ordinance No. 2016-47
Rezoning Case #RZ-16-18-1
Greater Lakes PUD Amendment
Amend section 1.B.4 of Planned Unit Development (PUD) Ordinance 2005-7 to allow active recreational uses within the ten-acre park.
Tab 3. Ordinance No. 2016-48
Rezoning Case # RZ-16-19-1
Camden Park Subdivision (AKA Millbrook Manor) PUD Amendment
Request to amend Planned Unit Development (PUD) Ordinance 2014-63 to allow a minimum of 40-foot wide residential lots.
Tab 4. Ordinance No. 2016-49
Rezoning Case #RZ-16-20-5
Renovacion Carismatica Catolica Hispana de Orlando
Request to rezone property from Agriculture (A) and Rural Residential (R-1) to Community Facility District (CFD) to continue the use of a Spiritual Retreat Facility, including permitted uses under the existing CUP #949-5 and to add two parcels to the existing development.
gupta-tayal rezoning – case no. rz-16-17-4
Commr. Campione disclosed for the record that she had met with the Hendersons and had visited the property.
Mr. McClendon related that Case No. RZ-16-17-4 was a request to rezone approximately 2.95 acres of property located east of Mount Dora on the west side of Round Lake Road just south of SR 46 in District 4. He added that the property has been identified as part of the Wolfbranch Innovation District and is within the Wekiva Study Area. He noted that the Future Land Use designation of the property is Regional Office, and the applicant has requested to rezone the property from Rural Residential (R-1) to Community Facility District (CFD) in order to construct up to a 100-room assisted living facility that was consistent and compatible with the surrounding properties in the area, which include a mix of industrial, commercial, residential, and agricultural uses. This is also consistent with the regional office future land use designation and all of the applicable Wekiva Study Area policies, including the requirement to provide onsite public water and sewage treatment systems and an advanced performance-based treatment system for this project specifically as regulated by the State of Florida Department of Health. He requested that the Board approve this rezoning case, with the conditions listed in the staff report.
The Chairman opened the public hearing.
Mr. Tim Schultz, a civil engineer who was representing the applicant, indicated that he would try to address any questions as best as he could.
Mr. Robert Henderson, a resident who lived on Round Lake Road in Mount Dora, asked about the advisability of bringing a density of approximately 125 people on less than three acres of land in an area that currently had single-family homes on wells and septic tanks, and he asked whether this increased density on this small parcel of land will affect his well and septic tank. He also asked how the regulations contained in the proposed ordinance will be enforced to ensure compliance with those requirements, whether the site plan will be public record, how he would be able to access those records, and how he could learn the final outcome of this zoning change. Additionally, he made a request for the architectural concept drawing to be made available.
Mr. Craig Henderson, who also lived on Round Lake Road, mentioned that the Future Land Use 2030 Study indicated big changes coming to Lake County and commented that they were very appreciative of their natural resources such as water. He asked about the availability of utilities from the City of Mount Dora in the future according to that plan, although he realizes they are currently unavailable for this parcel.
Mr. Schultz responded that the water and sewer system will be designed to meet local and state standards and will go through the entire review process, and everything submitted to the County was public record, accessible, and viewable to anyone who would like to see them. He indicated that it would be possible to show Mr. Henderson elevations and architectural plans, but he noted that since this was a conceptual plan, it may change slightly once they get all of the final criteria together for the buildings and the layout. He opined that he believed there was no problem fitting 100 beds on this site once all of the requirements were met.
Mr. McClendon elaborated that the septic system will be required to go through the Department of Health permitting, and the enforcement will be taken care of by the County’s Code Enforcement Division. He pointed out that once the site plan is submitted, it will be available for public review, at which time architectural and elevation plans will be required. He related that he was not aware of the timeframe that Mount Dora intended to bring utilities out to the site, but the Wekiva policies in place will require them to connect to it once it becomes available.
Commr. Cadwell clarified that there were no plans for this project to contain anything higher than single-story buildings and that the structure currently on the property is a single-family home.
Commr. Campione asked if the applicant has had any discussions with the City of Mount Dora about the availability of the water and sewer and the timeframe that they expect those utilities to be available, since the Wolfbranch Innovation Project seems to be contingent upon water and sewer service.
Mr. Schultz responded that they have contacted the City, who indicated that the utilities was currently unavailable; however, they will connect as soon as water and sewer are available to the site.
Commr. Cadwell pointed out that since the project is located east of the City of Mount Dora on the other side of the railroad tracks, it was a harder area to provide those services to at this time.
Mr. McClendon added that this was sent to Mount Dora during the review process as part of the JPA (Joint Planning Area) requirements, and the City noted that the construction and dedication of the utility dry lines are going to be required, regardless of the availability of water or sewer service.
Commr. Campione clarified that they would have to plan ahead in order to be ready to make that connection. She also pointed out that the County was in the process of formulating some commercial architectural criteria and asked if this project would have to comply with those architectural requirements as this goes forward if those were finished in the next month or two.
Mr. McClendon answered that they would be required to do so, since one of the conditions in the ordinance requires them to follow the commercial design elements in the Land Development Regulations as amended.
Commr. Campione requested that they get a commitment from the property owner to share the elevations once they were formulated and submit those once they do their site plan, which would be beneficial and would give the Hendersons a chance to look at them and offer their input on those plans.
Mr. McClendon answered that he did not think they would have any problem with that, and he assured her that he would get the Hendersons’ contact information and let them know when those plans come in.
Commr. Campione commented that she was very sympathetic to the Hendersons’ situation, since they live in a beautiful residential setting. She noted that there will be some changes in that area, but hopefully the setbacks and vegetation will enable them to coexist with all of that new activity. She opined, however, that since the rezoning request is consistent with the underlying land use, the Board is compelled to approve the requested rezoning change, with the stringent and enforceable conditions that are set forth in the ordinance, and she pointed out that they will have to comply with design criteria as it is put in place to make sure it is attractive and complementary to the existing area as well as future uses.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2016-46 and Rezoning Case # RZ-16-17-4, Gupta/Tayal Rezoning, a request to rezone approximately 2.95 acres from Rural Residential (R-1) to Community Facility District (CFD) for an Adult Congregate Living Facility/Nursing Home (ACLF/Nursing Home).
presentation from palisades community
Commr. Parks commented that the County had a wonderful relationship and partnership with the Palisades community, aside from the issues regarding the golf course.
Mr. Fred Costello from the Palisades Community thanked all of the Commissioners for their service and all County personnel for excellent service to his community. He elaborated that the Palisades is located in an unincorporated area of South Lake County consisting of three construction phases, two of which are currently completed, with presently 366 homes and another 155 homes expected to be built during phase three. He introduced three of his fellow Palisades board members, Rich Weaver, Secretary; Joe Cummings, Treasurer; and Dale McCall, head of their architectural committee. He specified that Commr. Parks has been a leader in helping them solve some difficult problems, and he thanked Mr. Heath for having a terrific team. He related that his community has worked directly with Mr. Stivender’s staff and has found them very conscientious and service-oriented. He gave particular kudos to Lori Koontz, Road Operations Manager; Fred Schneider, County Engineer; Ron Collodi, Code Enforcement Manager; and Tim McClendon, as well as Operations Division employees Seth Lynch, Jeff Johnson, David Berger, and Dennis Bunt. He reported that the partnership between the Palisades and the County has been in progress since 2009, and they are continually building working relationships with County personnel on special projects and co-managing service level expectations rather than having to deal with individual expectations from each homeowner. He elaborated that the community was willing to share costs and responsibility on special projects, and they created and developed standard operating procedures that they hand over to the Palisades property manager, Sentry Management, in order to work efficiently with County resource service providers together on what would work well for everyone.
Mr. Costello added that the next step was to educate the Palisades homeowners and residents on how to follow the standard operating procedures, and he explained that homeowners funnel requests for County services through their property manager, who goes directly to the County service provider units that they have established. He explained that requests for County services are submitted via controlled batch mode rather than individually, although they make exceptions for emergency situations. He emphasized that they seek, develop, and work on relationships that are based on cooperation, not favoritism, with both sides doing their job and working together, such as when the County helped re-establish drainage channels after heavy rains ran off some steep, hilly roads and flooded some of the properties within the community, which completely solved the problem. He mentioned that they are also developing new programs for resolving problems associated with roots, branches, and leaves from roadside trees and have worked with the County to enforce compliance with a nuisance abatement ordinance put in place by the Board last year as well as the land use ordinance. He commented that consensus building and teamwork make progress possible and result in more efficient delivery of County services and more satisfied homeowners. He concluded that they were contributing to the development of a best-practice County service delivery model, and he opined that this partnership works. He also thanked Sheriff Gary Borders for all of his service to the community and mentioned that the Sheriff’s Office has helped their community establish a neighborhood watch program.
Commr. Parks explained that the reason he thought it would be important to have this presentation was to illustrate that the partnership works, and he commented that the County was open to other partnerships with the leadership in some of the larger neighborhoods, which would help residents manage expectations well, offer solutions, and be part of their local government. He added that they hear a lot of negativity about all levels of government lately, and this is something good that could be pointed out. He opined that this is the best example he knows of government cooperation that he wanted to highlight as an example of this kind of partnership.
Commr. Sullivan commented that the Palisades community is a model of cooperation and coordination to follow.
other business
women’s hall of fame inductee
Commr. Campione related that Ms. Ann Huffstetler Rou was the initiator of Open Door, which was a homeless drop-in center which gives people an opportunity to try to reconnect with family members and look for jobs, and she added that the center also provides lockers, showers, and bathroom facilities. She further explained that Ms. Rou started the center after coming across a homeless woman who had no place to go and no way to get back on her feet and after realizing that a hotel would not take someone who could not provide them with a credit card. She commented that there was obviously tremendous need in the community to address the homeless situation, and she opined that Ms. Rou was extremely deserving of being inducted into the Women’s Hall of Fame.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved to ratify Ann Huffstetler Rou as the 2016 Women's Hall of Fame inductee as selected by the Women's Hall of Fame Committee.
recess and reassembly
The Chairman announced at 9:52 a.m. that there would be a ten-minute recess.
reports – county manager
termination of fire agreement with fruitland park
Mr. David Heath, County Attorney, recapped that the Fruitland Park City Council asked the County for a proposal for taking over fire services a couple of months ago, and he and Chief John Jolliff attended some Fruitland Park City Council meetings subsequent to that. He noted that the City Council ultimately did approve the agreement on September 8, and the Board approved the fire agreement on September 13 consisting of a transitional plan for Fiscal Year 2017 before coming into the County millage and fire assessment in 2018. He reported that after the Fruitland Park City Council announced two days later that they wished to rescind approval of the agreement and establish an advisory committee to look at the various options they have for providing fire services to the City, the City Council took action on Thursday, September 22, to terminate the agreement. He requested that the Board approve the termination of the interlocal agreement, which is contained in their backup materials, but pointed out that it is still their intention to fully comply with the mutual aid agreement they entered into with Fruitland Park.
Commr. Parks commented that he appreciated staff’s many hours of hard work on this agreement, and he believed there could be another change depending on what the advisory committee ultimately recommends.
Commr. Campione requested that they make an overture to be accessible for technical support and background information during the City’s deliberations.
Commr. Parks responded that he believes that would be wise.
On a motion by Commr. Campione, seconded by Commr. Conner and approved unanimously by those present by a vote of 4-0, with Commr. Cadwell absent for the vote, the Board approved the request to terminate the interlocal agreement between Lake County and the City of Fruitland Park for fire protection and rescue services.
Commr. Cadwell returned to the meeting at 10:10 a.m.
update on sheriff’s letter regarding animal services
Mr. Heath noted that the Board members received a letter from Sheriff Gary Borders proposing to transfer the Animal Services shelter back to the County. He recapped that two years ago the Board transferred the shelter over to Sheriff Borders through an interlocal agreement, including all of the staff, functions, and budget. He explained that the proposal they would be discussing was just to transfer the shelter back, with the Sheriff’s Office retaining the enforcement. He related that the County would have to negotiate a division or separation into those two functions with the Sheriff, including the staffing, equipment, operation, and budget. He added that he has created an in-house team to deal with this issue and commented that it will take some time to negotiate. He informed the Board that there is a state statute that governs reductions in the Sheriff’s budget after the Board’s final budget hearing, although he opined that it should not be an issue that night for the final budget hearing, since they do not yet have the fiscal impact of this transfer. He explained that he would bring back the interlocal agreement and the budget to the Board after it is negotiated with the Sheriff, at which time a staff analysis containing the fiscal impact and budget amendment will also be provided to the Board.
Commr. Parks opined that this was a very important issue and that there were problems regarding animal welfare in Lake County.
Commr. Campione related that the most important thing to focus on is that the Sheriff has made this request, and the next step in the process will be the logistics of it. She commented that she was in favor of honoring that request and believes that they have an opportunity to do something extremely positive in Lake County by bifurcating the enforcement side or policing aspect of animal welfare dealing with issues and complaints of abuse and neglect of animals from the shelter, whose goal is to try to save as many lives and connect unwanted or abandoned animals with loving homes. She opined that the Board was in a unique position to work with the community on implementing the types of programs that have to be put in place in order to maximize the number of animals’ lives saved, and she pointed out that they desperately need some capital facility improvements at their shelter. She elaborated that the building has some safety and air conditioning issues and was a glorified pole barn, and even though some enhancements and improvements were made, including the addition of covered areas for walking and exercising the animals, they need to take those efforts to the next step. She also related that outreach was needed to maximize the save rate and minimize the number of the unwanted pet population through the spay and neuter programs, and she believed that the Board needed to oversee the use of the money used for shelter purposes. She elaborated that they have many opportunities to enhance that funding, including contributions from people in the community, people who want to help with fund raising, and opportunities to partner with groups such as the South Lake Animal League and the mobile spay and neuter unit to expand that program. She opined that they should look at this request as an extremely positive one and an opportunity for partnerships with the community, the private sector, the rescue organizations, and volunteers as well as for coordination of their efforts with the Sheriff to work on the enforcement side as the County is working on the shelter issues.
Commr. Conner commented that he believed the new Sheriff and the new Board should later decide this issue, since this was an important decision that would affect them. He also opined that this was an inopportune time to start discussing changing the capital budget, since they have already finished their budget, and he did not believe that the County did a better job than the Sheriff with the shelter.
Commr. Cadwell opined that the new Sheriff would not want to take responsibility for the animal shelter, and he emphasized that the Sheriff was clear about his decision to transfer the animal shelter back to the County, although the level and way that it will be done as well as the time it would take to reach those goals, would be a decision for the next Board by the time they work through this process in deciding their priorities and how to spend the money they will have to work with. He elaborated that his discussions with the Sheriff have indicated that the Sheriff does not feel that he has succeeded in operating the shelter the way the community wanted. He commented that he believed they should have County staff start to move forward with analyzing the issue and bring back the interlocal agreements. He cautioned, however, that the Board would need to weigh the funding of the shelter with the other needs of the county that are also important.
Commr. Conner commented that although he does not disagree that the animal shelter was a pressing need, he also believes that things such as a park in South Lake and more property at East Lake Park are also pressing needs, and the new Board will have to make a decision on those priorities.
Commr. Sullivan stated that he agreed that they need to direct staff to work on the interlocal agreement to make those changes; and the facilities, programs, partnerships, and other things they had just discussed would have to be decided after the interlocal agreement was worked out, which he felt would be an extensive process. He added that they also need to direct staff to work on how they would make this transition if they decide to do that.
Commr. Parks related that he thinks there was consensus to have Mr. Heath work on the revised interlocal agreement and to thank the Sheriff for his service regarding this issue. He proposed that they use caution in deciding how quickly the shelter is transferred back to the County Commission, noting that the situation has gotten better since the Sheriff took it over. He suggested that the Board consider putting together an advisory panel of 11 people consisting of two people from each district and a veterinarian to discuss matters such as the urgency of some needs at the shelter and how long it would take to reach a zero-kill shelter goal.
Mr. Heath stated that staff’s number one priority is the transfer of the shelter before they consider anything else, and he requested that the Board allow staff to work with the Sheriff’s Office on the interlocal agreement, which will take some time, and then on the transfer of the shelter, which will entail the transfer of staff, licensing, telecommunications, and vehicle titles. He related that they could then have a work session to discuss where the Board wants to go from there and the forming of an advisory committee. He expressed a concern about the Board trying to do too many things at one time.
Commr. Campione agreed that they should do this in a one-step-at-a-time, incremental process rather than trying to take on too much or looking at very specific details at this juncture.
Commr. Parks also expressed caution about taking the shelter back too quickly.
Commr. Cadwell suggested that the Commissioners keep an open mind throughout that process about ideas involving how the shelter should be run, and he noted that Mr. Heath’s actual request that day was to take care of the logistics of the transfer despite what they do in the future.
Mr. Heath reported that he planned to get the interlocal agreement to the Board for approval by the end of October or the first meeting in November and to actually take over the shelter by the end of the year. He also indicated a plan to have a work session in December.
Commr. Campione commented that one positive and unique thing about the animal services issue is that there was a tremendous volunteer community and those that are willing to do some private fund raising, and there may be chances to do some private-public partnerships for capital facilities or the spay and neuter program.
Commr. Cadwell expressed concern that some people might have unrealistic expectations.
Commr. Conner stated for the record that he was not comfortable transferring the shelter, since he believes that the Sheriff has done a much better job running it than the County, and he believed that everything that has been discussed could be accomplished under the current structure if the Board will adopt policy and fund the capital needs. He cautioned about burdening the next Commission with the large problem of operating the animal shelter, and he suggested that they wait and see whether the new Sheriff will be willing to continue running it.
Commr. Parks opined that he did not think that the new Sheriff will want the responsibility of the shelter, and he indicated that he was ready to move forward with staff working on the interlocal agreement and bringing that back to the Board. He indicated that he was excited about the opportunity for possible partnerships with groups such as the South Lake Animal League.
reports – commissioner campione – district 4
keep lake beautiful cleanup event
Commr. Campione related that the Keep Lake Beautiful cleanup event at East Lake Park was a very well-received and successful event which resulted in a lot of trash pickup in that area.
school impact fee infill waiver program
Commr. Campione related that she presented an idea to the School Board for everyone to review and discuss further, and she emphasized that it was not a request to reduce the impact fee rate for schools but rather a tool that would allow them to provide, in conjunction with the School Board, relief to existing residents who own and would like to build homes or rental units on infill lots, which could result in relief from very high rental rates due to a lack of inventory. She explained that they would provide the tool by ordinance to provide waivers for infill development, and it would be up to the School Board whether to actually implement it. She specified that it would be based upon lots that were within three miles of a city hall or two miles walking area of a school, and she provided a map demonstrating in yellow the areas that would be affected and identifying vacant lots in red. She added that the property would have had to be platted before 1991 or 2001 if 80 percent of the lots were built out, with those properties within two miles receiving a 100 percent waiver and those within three miles getting a lesser reduction. She suggested that they reach out to the cities in conjunction with this about putting in place minimum architectural design criteria in order to promote a quality product that would enhance a community and serve as a catalyst for revitalization of the older urbanized areas. She pointed out that this would be a pilot project for a year to determine whether people would utilize this opportunity and for the School Board to assess to what extent it would impact student station availability, and there will be a cap ensuring that a builder or individual could not get more than ten of those waivers a year. She opined that this was a positive concept which leaves the rate at what it currently is, although she realizes that the new Board will have to make decisions about future impact fee studies and potential interlocal agreements between the School Board and the cities regarding concurrency issues. She summarized that this waiver could help individuals building on a single lot to be able to go forward with their project and to make the process more affordable, since they do not have the financing options that a large builder does. She noted that the large builders who are primarily responsible for the large influx of new students into the local schools would still have to pay the full impact fee.
Commr. Cadwell pointed out that although the Board has previously discussed incentivizing infill, he is not prepared that day to advertise this ordinance, since he believes they need to have further discussion about how it would work and how it would affect the other impact fees. He opined that this ordinance and concept look to be in conflict with Commr. Campione’s political ideology by enabling the government to control the market and the property values. He commented that although the idea has merit, he could not take action on it before having more discussion and being assured of the School Board’s commitment to it.
Commr. Campione explained that she had put this on the agenda in order to give everyone a chance to look at it, and she assured the Board that she was in favor of the Commissioners considering revisions to it. She commented that she saw tremendous potential for what this waiver can do to help with the Community Redevelopment Areas (CRA), areas that were depressed, and parts of the county that were having difficulty with economic development. She opined that the best way to find out how it would actually work is to do it in a bold way as a pilot program and then evaluate how it is working after one year. She pointed out that this could improve the tax base by enhancing an otherwise vacant piece of property, which will be an offset to the impact fee set-aside.
Commr. Cadwell noted that there could be some cities with a particular philosophy or situation that do not want to participate in the pilot program.
Commr. Conner expressed his preference that they wait for the new Board and the new School Board to take office before looking at and deciding on this issue, since he believed that the new Board would be lowering impact fees at some point in time, and he opined that he is not sure that there is support on the School Board for this after talking to some School Board members.
Commr. Campione commented that this plan would help small businesses as well as existing residents, and she noted that the newcomers moving into the large subdivisions in Lake County would still pay the full impact fee. She added that it is good for the economy and would help their traditional neighborhoods by incentivizing infill.
Commr. Conner responded that it will take several years to make the impact fee money up in property taxes, and he also expressed a belief that this should be targeted to low-income residents.
Commr. Sullivan commented that the infill possibilities were the key to this proposal for him, which would allow them to take full advantage of the existing water and sewer infrastructure moving forward in the development of Lake County. He added that he realized that the School Board would need to buy into this program, and he commented that he liked the idea that this was a pilot program that would be reviewed after one year to make sure it is feasible. He pointed out that the County already makes exceptions for other reasons, such as senior citizen communities. He stated that cities have been looking for ways to improve and revitalize their downtown areas, and this would give them a way to do that by enabling more residents to live in those areas within walking distance of schools and stores. He concluded that he believes this is a program that could make sense while not hurting the school system, noting that an important factor would be school availability and capacity.
Commr. Cadwell asked how many years it would take to get the portion back of the impact fee that would be waived for workforce rental-type housing and whether they could regulate that those units would have to remain workforce rental units for a certain amount of time after the waiver was granted.
Commr. Campione responded that she would work on an analysis that would answer that question, as well as what it would do to the tax base.
Commr. Parks announced that he was supportive of this program moving forward, although he would like to look into modifying it somewhat, which he believed would be agreeable to Commr. Campione. He commented that although he does not like high impact fees, he has come to realize that currently there is no other good option available to fund schools after several years of looking at alternative solutions, since there is not state legislative support for other options such as documentary stamps. He related that this program could help them with promotion of infill, economic development initiatives, support of cities to develop their downtown areas, and transportation mobility issues. He pointed out that development close to urban areas would pay a lower transportation impact fee than those that develop further out, since roads and transportation have to be provided for those residents. He concluded that he supports advertising the ordinance, although he expects to have further discussion at future meetings and for the ordinance to be modified. He clarified that they would not be lowering the current impact fee.
Commr. Campione responded that her intention was to use this program as a tool to keep that fee at 100 percent.
Commr. Cadwell further clarified that this would be a tool that was made available to the School Board to use if they chose to do so.
Commr. Conner asked the County Attorney whether a County Commission could bind itself in an interlocal agreement on a vote regarding an impact fee.
Ms. Melanie Marsh, County Attorney, answered that the interlocal agreements would all have termination provisions that would give a future County Commission the ability to terminate the agreement.
Commr. Conner reiterated his concerns that a new Board might not be in agreement with this program and ordinance.
Commr. Campione responded that this was only the first step and would be a pilot program for only one year anyway to try to do something different. She indicated that she would go back and modify this ordinance and bring it back to the Board at a future meeting after preparing an analysis of various data that had been discussed.
Commr. Parks clarified that they would put the advertising of this ordinance on the agenda of the next BCC meeting and would have further discussion after Commr. Campione presents her modifications.
reports – commissioner parks – chairman and district 2
ribbon cutting for joint clermont fire station
Commr. Parks commented that he, Commr. Cadwell, and Commr. Sullivan attended the ribbon cutting for the joint fire station in Clermont and that it went well with a great turnout. He noted that Commr. Cadwell had a large part in getting that station opened due to his work over the last six years.
best practices summit
Commr. Parks announced that the Best Practices Summit will be held on October 4 at 1:00 p.m. in Clermont at the Clermont City Center, which will have speakers and discussions about better development moving forward as Lake County grows and issues that have come up within the MPO (Lake-Sumter Metropolitan Planning Organization), including low-impact development.
amendment 2 on ballot at next election
Commr. Parks suggested that the Board advertise an ordinance after discussing a couple of options to regulate medical marijuana locally in preparation for the possibility of Amendment 2 for the legalization of medical marijuana passing in November. He commented that he prefers a regulation rather than a moratorium of the issue.
Commr. Conner commented that although he was conservative and not usually in favor of these types of issues, he believed that medical marijuana was used for real medicinal purposes and not as a gateway drug. He commended Commr. Parks for being proactive and for what he was doing regarding this issue.
expiration of ride right contract
Commr. Parks related that the County’s contract with Ride Right LLC, their provider for the Transportation Disadvantaged program, will end in January. He expressed concern about the increasing operational costs and intermittent fixed route ridership and suggested that they have an agenda or work session item in the near future to discuss the possibility of establishing a pilot program to replace the Transportation for Disadvantaged with Uber or Lift similar to programs in Pinellas County and the City of Altamonte Springs to complement the fixed route system for the good of the transit issue moving forward. He commented that he was impressed with what he has heard Uber and Lift could do to help counties like theirs with their goals which will also save them money, noting that he has been compiling research on this which he could share with the Commissioners. He opined that this was an innovative market solution that they could look at.
Mr. Heath explained that the arrangement the County has with Ride Right is coming to an end, and the County will have to enter into a bridge contract that will come to the Board in October which will extend the services of Ride Right until January 31. He related that they would be releasing the RFP (Request for Proposals) that afternoon for the next provider to make sure there was a continuity of services after January 31, which was especially important for paratransit services.
recess and reassembly
Commr. Parks announced at 11:45 a.m. that there would be a recess until 5:05 p.m.
budget public hearing
Mr. Steve Koontz, Director of Fiscal and Administrative Services, announced that this was the second of two public hearings regarding the Fiscal Year 2017 Budget, which was required by Florida Statutes. He explained that the purpose of the hearing was to adopt the final budget for FY 2017, including the final millage rates and their change from the roll-back millage rates, which are the rates applied to the following year’s tax base excluding new construction that would generate the same revenue as was raised in the previous year. He reviewed the agenda for the public hearing and then presented the millage rates over the roll-back rates. He reported that the proposed FY 2017 millage rates for the Lake County General Countywide Levy would be 5.1180 mills, which is a reduction to the FY 2016 rate and is a zero percent increase to the roll-back rate; the Lake County MSTU for Ambulance and Emergency Services Levy would be 0.4629 mills, which is equal to the FY 2016 rate and a 3.65 percent increase over the roll-back tax rate of 0.4466; the Lake County MSTU for Stormwater, Parks and Roads Levy would be 0.4957 mills, which is equal to the FY 2016 rate and a 2.89 percent increase over the roll-back tax rate of 0.4818; the Lake County Fire Rescue MSTU Levy would be 0.4704 mills, which is equal to the FY 2016 rate and a 2.84 percent increase over the roll-back tax rate of 0.4574; and the Lake County Voter Approved Debt Levy of 0.1524 mills is a reduction to the rate adopted in FY 2016 of 0.1600 and does not figure into the roll-back millage calculations. He stated that based on the calculations of the Department of Revenue on the DR-420, Certification of Taxable Value form, the current year’s proposed aggregate rate is 0.25 percent over the aggregate roll-back rate.
Mr. Koontz recapped that County staff had participated in 20 budget workshops, which covered a lot of areas, and the budget strategy was for the department budgets to be kept status quo to maintain current levels of service, except in areas outlined in the workshops and where some mandated costs had increased. He mentioned that the budget meets the policy for General Fund reserves, and he recapped that some of the things addressed were the Constitutional Officer requests; funding for parks, including East Lake, North Lake, and South Lake Parks; medical insurance funding issues, including funding for an employee clinic; Health and Human Services Grant programs; additional funding for LifeStream; funding for Veterans Administration handbooks; funding to address littered areas for the Keep Lake Beautiful Program; public safety; two new fire stations at Lake Yale and Sorrento Springs; construction of a new fire station in Altoona; courthouse renovations; and funding of solid waste countywide operations. He summarized that ten new positions were added, but six positions were moved to the Public Defender’s Office, one position was moved to Lake EMS, and one position was deleted in Solid Waste.
The Chairman opened the public hearing.
Ms. Chantel Buck, a resident of Tavares and a representative of New Vision for Independence, thanked the Board for their support of Lake County Health and Human Services programs, particularly for senior citizens who are visually impaired or blind, and she encouraged the Commissioners to continue and even expand their funding for those services, since there were a lot of people in need. She commented that her agency as well as other organizations make a big difference in the community and appreciate the County’s investment. She mentioned that the Lake County Public Library System is a finalist in their most blind-friendly competition this year for book resource, noting that the librarians and everyone in the library system is very helpful to their blind residents.
Commr. Parks thanked Ms. Buck for what she does and invited the Commissioners to take the blindfold challenge on October 13 at Beacon College.
Ms. Irene O’Malley, a resident of Eustis, also thanked the Board for their support of the Human Services grant, which she noted makes a huge difference. She related that Lake Cares is experiencing huge growth, including a 20 percent increase in one month to fill a void of another organization that had ended some of its programs. She also specifically thanked Commr. Conner and Commr. Cadwell for all of their service to Lake County and what they have done for their residents.
Commr. Parks thanked Ms. O’Malley for her service and mentioned that she attends and participates in the Elder Affairs Advisory Committee. He added that the organizations that receive the Human Services grants are able to leverage those dollars better than the County could otherwise in order to help people in need in the community.
Pastor Alan Holden, who had given the invocation and led the Pledge of Allegiance earlier in the meeting, commented that the United Way and all of the nonprofit organizations in Lake County appreciate the Board’s support and all that the County does for the community. He assured the Board that those organizations are all working together to make sure that they are not duplicating services and to stretch the dollars and matching funds that they receive. He stated that they will be expanding their programs this year across Lake County, including those for health, education, and income stability.
Mr. Jochim, who had spoken previously during the meeting, gave kudos to County staff, including Mr. Koontz for putting together a budget booklet that could be clearly understood; Ms. Kelly Lafollette, Communications Director, who listens to his comments regarding the website; and the Clerk of Courts’ Board Support staff for preparing the minutes of the BCC meetings, which provides transparency for the County’s citizens. He related that the Agricultural Center is expanding its classes into the areas of Clermont and north Lake County, and he suggested that the Board look at a new position for the Agricultural Center to handle all of the additional inquiries due to those additional classes and from residents just moving into the area.
Ms. Linda Krupski, a resident of Umatilla, recapped that she requested and received a grant from the County last year for Love Extension, a nonprofit organization that provides food to the elderly and disabled in Lake County, which has enabled the organization to provide food to over 200 individuals. However, she commented that there was still a lot more to be done, since 5,000 people aged 60 and over were on food stamps in Lake County and 11,000 more were eligible for food stamps, and they had requested another grant this year. She read some letters which she felt would express the need and the gratitude of some of the senior citizens who received toiletry supplies and food which has helped them make ends meet. She expressed her own appreciation for the County’s efforts in getting a handicapped drop-off at the Courthouse and requested that they do anything they could to expedite that.
There being no one else who wished to address the Board regarding the budget, the Chairman closed the public hearing.
Commr. Parks thanked everyone for coming to the hearing and being part of their governmental process. He related that there is a process in order to vet the requests for the Human Services Grants and assured everyone that the recipients are making good use of the funding.
Commr. Cadwell requested that someone greatly committed to the cause of the Children’s Services Council be appointed to that committee next year.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2016-104 for the adoption of a final millage rate for Lake County General Countywide Levy of 5.1180 mills, Resolution No. 2016-105 for the Lake County MSTU for Ambulance and Emergency Services Levy of 0.4629 mills, Resolution No. 2016-106 for the Lake County MSTU for Stormwater, Parks and Roads Levy of 0.4957 mills, Resolution No. 2016-107 for the Lake County Fire Rescue MSTU Levy of 0.4704 mills, and Resolution No. 2016-108 for the Lake County Voter Approved Debt Levy of 0.1524 mills.
Mr. Koontz presented the changes to the tentative budget since the last public hearing two weeks ago, the majority of which were some purchase orders that had been closed, which resulted in an $804,457 decrease to the budget. He requested approval to adopt changes to the FY 2017 tentative budget totaling an $804,457 decease.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the changes to the FY 2017 Recommended Budget totaling $804,457.
On a motion by Commr. Sullivan, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the final FY 2017 budget for the County totaling $362,918,352 and Resolution 2016-109.
Commr. Parks thanked the County staff for everything they had done that year and commented that their hard work helps them become a better and better county every year. He added that he appreciated all of the workshops, which has helped the process to be as transparent and open as possible.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:33 p.m.
_________________________________
sean M. parks, chairman
ATTEST:
________________________________
NEIL KELLY, CLERK