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Board of County Commissioners Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex

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Page 1: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Board of County Commissioners

Regular Meeting

Thursday, September 3, 2015

5:30 P.M.

School Board Administrative Complex

Page 2: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Solid Waste Assessment Rates

FY 14-15 FY 15-16

Residential Property Rate Per Dwelling Unit

Use Categories

Single Family Residential $193.00 $193.00

No Change in Rates

Page 3: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Fire Assessment Rates FY 14-15 FY 15-16

Residential Property Rate Per Dwelling Unit

Use Categories

Single Family Residential $183.32 $183.32

Multi-Family Residential $82.49 $82.49

Non-Residential Property Rate Per Square Foot

Use Categories

Commercial $0.0662 $0.0662

Industrial/Warehouse $0.1256 $0.1256

Institutional $0.0700 $0.0700

Land Property Rate

Use Categories

Agricultural/Vacant

Land < 160 (per parcel) $53.74 $53.74

Land > 160 (per acre) $0.2711 $0.2711

No Change in Rates

Page 4: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Rolling Oaks Paving Project

Assessment Rates

FY 14-15 FY 15-16

Residential Property Rate Per Parcel

Use Categories

Residential $376.68 $376.68

No Change in Rates

Page 5: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Emerald Lakes Street Lighting

Assessment Rates

FY 14-15 FY 15-16

Residential Property Rate Per Lot

Use Categories

Residential $44.00 $46.04

Increase is due to additional lighting.

Page 6: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Spring Hollow Street Lighting

Assessment Rates

FY 14-15 FY 15-16

Residential Property

Rate Per Rate Per Lot Dwelling

Use Categories

Residential $18.00 $55.50

Change in Rate and Methodology

Page 7: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Pine Ridge Road Improvement

Project

FY 14-15 FY 15-16

Residential Property Rate Per Parcel

Categories

Capital Improvement N/A $90.10

Annual Maintenance N/A $130.17

This is a new assessment

Page 8: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015-2016 First Budget Hearing

September 3, 2015

Page 9: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

County Budget Process

Page 10: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

County Budget Process

Florida Statute Requirements

Fiscal year (FY) from October 1 thru September 30

Required to have a balanced budget

Truth-in-Millage (TRIM)

1) Required notifications to property owners and general public

2) Board is required to hold two public hearings every year to adopt millage rates and adopt the budget

Follow generally accepted accounting principles (GAAP)

1) Nationally recognized accounting standards

Page 11: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

County Budget Process

March - August County Department Heads present budget requests to

County Manager

Constitutional Officers and Outside Agencies submit budgets

Tentative budget developed for County Manager’s submission to the board

Board sets tentative millage rates for TRIM notices

Board holds public workshop (August 14th, 2015)

September Two TRIM required formal public hearings are scheduled to set

millage rates and approve/adopt final budget

Approval/adoption of financial policies and fee schedules

Page 12: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

County Budget Overview

FY 2015-2016

Page 13: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY2015-2016

County Budget Overview

No increase in Millage Rate.

No Increase in Non-ad Valorem Assessments for Fire or Solid Waste

No Fee Increases

Increases in Communications Service Tax and Tourist Development Tax were approved August 20, 2015, in order to meet State deadlines for an effective date of January 1, 2016

Page 14: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERS

MAJOR REVENUE ALLOCATIONS

2015-16 FLOOR BUDGET

September 3, 2015

2012-13 2013-14 2014-15 2015-16 GENERAL CTTF MUN SVS OTHER

Ad Val orem Taxes $17,667,999 $ 17,785,024 $ 18,231,126 $ 18,496,879 $ 18,496,879 $ - $ - $ -

Interest 62,000 $ 71,000 132,000 124,500 73,000 17,000 33,000 1,500

State Revenue Shari ng 1,250,000 1,300,000 1,400,000 1,500,000 1,300,000 200,000 - -

Hal f-Cent Sal es Tax- Regula

Fiscal l y Constrai ned

Emergency

3,200,000

610,000

300,000

3,500,000

590,000

450,000

3,800,000

590,000

-

3,870,000

600,000

1,300,000

-

1,500,000

600,000

-

-

1,070,000

-

ED

Am endm ent 1 Rel i ef 1,900,000 1,900,000 1,900,000 1,900,000 1,900,000 - - -

Com m unicati ons Servi ces T 300,000 280,000 350,000 990,000 - - 290,000 700,000 LE

Tourist Devel opment Tax 645,000 780,000 850,000 1,050,000 - - - 1,050,000 TD

Voted Gas Tax 565,000 540,000 560,000 590,000 - 590,000 - -

Raci ng Tax 223,250 223,250 223,250 223,250 - - 223,250 -

Local Opti on Gas Tax 2,250,000 2,135,000 2,200,000 2,300,000 - 1,500,000 - 800,000 RD DS

Consti tut ional Gas Tax 1,425,000 1,450,000 1,450,000 1,450,000 - 1,450,000 - -

County Gas Tax 625,000 625,000 620,000 650,000 - 650,000 -

Sm al l County Surtax 5,200,000 5,200,000 6,300,000 6,750,000

$

4,253,500

27,323,379 $

2,000,000

8,507,000

260,000

$ 806,250

236,500

$ 3,858,000

CT SVS

$36,223,249 $ 36,829,274 $ 38,606,376 $ 40,494,629

Revenue Increase

95% Of Increase

1,777,102

1,688,341 $

1,888,253

1,793,840 $

Page 15: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015 – 2016 PROPOSED FLOOR BUDGET SUMMARY

1) Fully funds all constitutional officer budget requests

Current FY 14-15

Proposed FY 15-16

Sheriff $13,015,473 $13,324,043

Supervisor Of Elections 703,857 744,177

Property Appraiser 1,219,612 1,244,645

Clerk To Board 355,142 376,062

Tax Collector 1,015,000* 1,015,000*

(* FEE OFFICER – BUDGET BASED ON ACTUAL COLLECTIONS)

Page 16: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015 – 2016 PROPOSED FLOOR BUDGET SUMMARY (Cont…)

2) Fully funds increases in Florida retirement system contribution rates as approved by the Florida legislature. ($62,000)

Depending on retirement class, contribution rates changes ranged from a drop of .97% to an increase of 2.22%

Page 17: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015 – 2016 PROPOSED FLOOR BUDGET SUMMARY (Cont…)

3) Provides for the continuation of a non-contributory employee health care plan – increased cost of $17,250

Page 18: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015 – 2016 PROPOSED FLOOR BUDGET SUMMARY (Cont…)

4) Provides for the following pay adjustments –

A. All employees - $1,000 COLA (pro-rated for part time)

Total cost is approximately $360,000 (including match) (*NOTE* COLA is negotiable for employees covered by a Collective Bargaining Agreement)

Page 19: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015 – 2016 PROPOSED FLOOR BUDGET SUMMARY (Cont…)

B. Funds Salaries for reorganizations in the following departments:

BCC Administration decrease of $15,000

Risk Management (Non Recurring) $76,000

Landscape – 2 new positions $65,500

911 Addressing (Non Recurring) $64,000

Mechanic Shop Crew Leader $2,000

Page 20: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015 – 2016 PROPOSED FLOOR BUDGET SUMMARY (Cont…)

5) Creates “Equipment Replacement Accounts” in the following amounts: General Fund $130,000 Transportation Trust Fund $527,000 Municipal Services Fund $180,000 Landfill $540,000

Staff is currently working on a comprehensive equipment replacement schedule. We realize we are currently underfunding equipment replacement.

Page 21: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015 – 2016 PROPOSED FLOOR BUDGET SUMMARY (Cont…)

6. Fully funds the operation of all three (3) branch libraries –

Requires the use of $700,000 in Communications Services Tax, and eliminates the use of reserves for recurring expenditures

Page 22: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

WHAT ABOUT FUNDING FOR THE

FOLLOWING “MAJOR PROJECTS”?

1) P25 (800 mhz) Communication System

2) Columbia County Detention Center – Repair or Replacement

Current funding efforts are based on excess fund balances. There is not a dedicated revenue source for these major projects.

Page 23: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2015-2016 Proposed Floor Budget

Amendments?

Page 24: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

FY 2014-2015 Proposed Floor

Budget Amendments?

The following amendments have been proposed for the 2015-2016 floor budget and are presented with the tentative budget.

1) Loan Proceeds of $3,500,000 for Road Improvement Fund

2) FDOT Grants of $2,143,327 for Road Improvement Fund

3) Additional Road Projects of $5,694,434

Page 25: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

September 3, 2015

First Budget Hearing

FY2015 - 2016

Budget Adoption Order

1) Millage Rate

2) General Fund

3) All Funds Not Levying Ad-Valorem

Page 26: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Public Hearing to Adopt Fiscal

Year 2016 Millage rate 1) Open Hearing

2) Columbia County Board of County Commissioners

3) Rolled-back rate is 8.0561

4) .51% decrease over the rolled-back rate

5) Millage rate to be levied is 8.0150

6) Public Comment

7) Close Hearing

8) Recommended Motion

a) To adopt and set tentative millage rate at 8.015 mills for the 2015-2016 fiscal year

Page 27: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

General Fund

Board of County Supervisor of Elections Watertown Landscaping and Parks Commissioners

9-1-1 Code Enforcement Central Communications

Clerk to BOCC Non-Departmental Recreation Soil Conservation

Property Appraiser Facilities Management Emergency Mgt. Veterans Services

Tax Collector Courthouse Annex Safety Mosquito Control

County Auditor Montgomery Building Autopsies Health Services

Data Processing Sheriff Judicial Welfare

County Attorney General Government County Extension Library

City of Lake City – Tax Increment Fund

FY 08-09 $36,334,883 FY 12-13 $38,915,625

FY 09-10 $37,134,787 FY 13-14 $39,432,968

FY 10-11 $36,020,042 FY 14-15 $44,851,425

FY 11-12 $35,091,962 FY 15-16 $37,702,519

Page 28: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

General Fund

1) Open Hearing

2) Public Comment

3) Close Hearing

4) Recommended Motion

a) To adopt tentative general fund budget appropriations and reserves budget at $37,702,519

Page 29: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Funds Not Levying Ad-Valorem Taxes

(FY 12-13) (FY 13-14) (FY 14-15) (FY 15-16)

Transportation Trust $10,652,489 $11,758,289 $10,807,705 $12,343,850

Road Improvement Debt Service 2,261,425 1,660,000 940,000 1,260,000

Municipal Services Fund 13,878,587 18,239,107 17,262,627 16,232,987

Court Services 916,350 1,140,575 1,128,700 1,147,225

Special Law Enforcement 30,100 20,100 20,100 20,100

Tourist Development Tax – 1,293,500 1,709,400 2,221,150 1,848,075

Operating

Landfill Enterprise 7,405,301 6,655,801 6,179,551 6,951,114

Library Enhancement 1,043,802 856,322 888,922 1,014,726

Page 30: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Funds Not Levying Ad-Valorem Taxes

(Cont…) (FY 12-13) (FY 13-14) (FY 14-15) (FY 15-16)

Local Housing Assistance 0 350,000 354,491 359,645

Economic Development 3,466,095 2,770,650 2,718,400 3,018,400

Connector Roads 8,477,600 6,003,800 3,247,588

Road Improvement 6,423,978 5,200,000 13,977,158 19,104,061

Utilities 391,988 391,160 270,910 1,182,875

Neighborhood Stabilization Program 1,029,454 406,874 42,984 42,984

Sheriff 0 0 0 14,865,862

Capital Projects 0 0 0 5,500,000

0

Page 31: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Funds Not Levying Ad-Valorem Taxes 1) Open Hearing

2) The following funds of the board do not levy ad-valorem taxes: 1) Transportation Trust

2) Road Improvement Debt Service

3) Municipal Services Fund

4) Court Services

5) Special Law Enforcement

6) Tourist Development Tax – Operating

7) Landfill Enterprise

8) Library Enhancement

9) Local Housing Assistance

10) Economic Development

11) Road Improvement

12) Utilities

13) Neighborhood Stabilization Program

14) Sheriff

15) Capital Projects

3) Public Comment

4) Close Hearing

Page 32: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Funds Not Levying Ad-Valorem Taxes 5) Recommended Motion

To adopt tentative budgets for the following funds:

Transportation Trust

Road Improvement Debt Service

Municipal Services Fund

Court Services

Special Law Enforcement

Tourist Development Tax – Operating

Landfill Enterprise

Library Enhancement

$12,343,850

$1,260,000

$16,232,987

$1,147,225

$20,100

$1,848,075

$6,951,114

$1,014,726

Local Housing Assistance

Economic Development

Road Improvement

Utilities

Neighborhood Stabilization Program

Sheriff

Capital Projects

$359,645

$3,018,400

$19,104,061

$1,182,875

$42,984

$14,865,862

$5,500,000

Page 33: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

The Final Budget Hearing For The FY 2015-2016 Budget of The Columbia County

Board of Commissioners is scheduled for

Thursday, September 17, 2015

5:30 P.M.

School Board Administrative Complex Auditorium

Page 34: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

County Attorney

Excelsior Ambulance

COPCN Update

Page 35: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Licensure and the COPCN The Department of Health shall issue a license as a basic life support or an advanced life support service to an Applicant that:

Pays the statutory fees

Agrees to operate ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services in accordance with Florida Law

Furnishes evidence of adequate insurance

Obtains a certificate of public convenience and necessity from each county in which the applicant will operate

Page 36: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Licensure and the COPCN

In issuing the certificate of public convenience and necessity, the governing body of each county shall consider the recommendations of municipalities within its jurisdiction. 401.25(2)(d)

Page 37: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Licensure and the COPCN

The Board may adopt ordinances that provide reasonable standards for certificates of public convenience and necessity for basic or advanced life support services and air ambulance services. 401.25(6)

Board must consider state guidelines, recommendations of the local or regional trauma agency created under chapter 395, and the recommendations of municipalities within its jurisdiction.

The Board has not adopted such an Ordinance

Page 38: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Excelsior’s Request for COPCN On August 15, 2013, the Board in its regular

session heard a presentation from Excelsior which culminated in a 3-2 vote in favor of issuing a COPCN to Excelsior if Excelsior secured a VA Contract to provide services in Columbia County

Both the City of Lake City and the Town of Fort

White recommended issuance of a COPCN to

Excelsior at that time.

On July 7, 2015, Excelsior secured Department of Veterans Affairs Contract No. VA248-14Q-2350

Page 39: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Excelsior’s Request for COPCN The VA Contract requires, in part:

“Lake City VAMC requires 24-hour, 7 days per week Ambulance Services consisting of Advanced Life Support (ALS), Basic Life Support (BLS), and Specialty Care Transport levels of Service for beneficiaries at Lake City VAMC, 619 S. Marion Ave., Lake City, FL 32025”

Page 40: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Excelsior’s Request for COPCN On July 15, 2015, Excelsior wrote to the County

requesting issuance of the COPCN as approved by the Board’s August 2013 vote.

The issue was placed on the August 6, 2015 Board Agenda for discussion

At the August 6, 2015 meeting Ben Scott briefed the Board and a motion was made to “deny” the COPCN to Excelsior

The County Attorney was charged with ensuring that the Board was in compliance with Florida Law, then to report back to the Board with findings

Page 41: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Excelsior’s Request for COPCN While the matter was under review with the

County Attorney, on August 21, 2015 Excelsior filed suit against the County in Federal court alleging:

Violations of the Sherman Anti-trust Act

Violations of Florida’s Anti-trust Act

Tortious Interference with Contract

Excelsior demanded declaratory relief, damages, attorneys fees and costs

Excelsior also filed a separate motion for preliminary injunction

The County was served on August 26, 2015

Page 42: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Excelsior’s Request for COPCN Counsel for Excelsior, James Krause, who had

appeared at the August 6, 2015 meeting, had regular contact with the County Attorney beginning just prior to the filing of Excelsior’s complaint.

The fact that the County Attorney was still reviewing the issue was explained to him and, in light of that continuing review, communications continued in the hope of resolving the legal claims against the County

Page 43: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Excelsior’s Request for COPCN Notwithstanding the claims in Excelsior’s suit, the

County Attorney completed review of issues presented should the County deny the COPCN.

Each Board member was offered a briefing on the findings and opinions of the County Attorney; a memo was circulated.

That memo is not subject to release to the public due to pending litigation between the County and Excelsior, but it will be released when the litigation concludes.

Page 44: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Excelsior’s Request for COPCN The conclusion of the County Attorney’s analysis

is that Excelsior was and is entitled to issuance of a COPCN from Columbia County.

The Board vote of August 2013 constituted a promise from the Board to issue a COPCN if Excelsior procured a VA Contract

Upon receiving notification from Excelsior that it had procured the VA Contract, the County became obligated to perform on its promise

Florida Law provides for enforcement of promises against public bodies where the promisee justifiably relies on that promise

Page 45: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

COPCN Issued

On August 26, 2015, on recommendation of the County Attorney, and due to the absence of Chairman DePratter, Vice chairman Nash signed Resolution 2015 R-15 granting a COPCN to Excelsior Ambulance Service, Inc.

The recitals of the Resolution clearly indicate that the Board passed such a resolution by a 3-2 vote in August of 2013; Commissioner Nash’s signature formalized that resolution following Excelsior’s performance of the conditions placed upon it by the Board

Page 46: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Other Concerns

The contract for Services is between VA and Excelsior

The County has no stake in that Contract and no standing to address whether the contract is appropriate as to the VA or Excelsior

Page 47: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Other Concerns

Because the County lacks any Ordinance for placing reasonable standards on issuance of a COPCN, no such standards can be arbitrarily imposed

If the Board wishes to develop an Ordinance establishing those standards the Board may do so. Those standards will be in place for future applications or COPCN renewals.

Reasonable standards may not conflict with state licensure standards, but may inquire as to fitness or suitability of the applicant, financial stability, and need. AGO 1980-98

Page 48: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Other Concerns The requisite certificates of public convenience and

necessity, and the reasonable standards authorized to be established for their issuance by the counties, do not envision or embrace the regulation of the operation or maintenance of emergency or nonemergency medical transportation services; the operation and maintenance of these services are regulated by the state through the Department of Health and Rehabilitative Services pursuant to the provisions of part III of ch. 401 and rules and regulations promulgated by the department under the authority therein provided. AGO 1980-98

Page 49: Board of County Commissioners€¦ · Board of County Commissioners . Regular Meeting Thursday, September 3, 2015 5:30 P.M. School Board Administrative Complex . Solid Waste Assessment

Questions