A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
jULY 25, 2017
The Lake County Board of County Commissioners met in regular session on Tuesday, July 25, 2017 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: Timothy I. Sullivan, Chairman; Leslie Campione, Vice Chairman; Wendy Breeden; and Josh Blake. Commissioners not present: Sean Parks. Others present were: Jeff Cole, 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 Angela Harrold, Deputy Clerk.
INVOCATION and pledge
Pastor Rick Fountain of the First Baptist Church of Tavares gave the Invocation and led the Pledge of Allegiance.
Mr. Jeff Cole, County Manager, announced that there were two changes to the agenda, including rescheduling the presentation under Tab 17 that was to update the Board on Lake Tech’s Center for Advanced Manufacturing and adding Tab 22 to the Consent Agenda, which was the request for the approval to apply for the Florida Job Growth Grant Fund Public Infrastructure Grant for connecting natural gas lines to the Christopher C. Ford Commerce Park.
Commr. Sullivan noted that Commissioner Parks would be absent from the meeting because he was attending the National Association of Counties 2017 Annual Conference and Exposition in Columbus, Ohio.
On a motion by Commr. Campione, seconded by Commr. Blake, and carried unanimously by a 4-0 vote, the Board approved the Minutes of April 19, 2017 (Special Meeting) as presented.
citizen question and comment period
Mr. Vance Jochim, a writer on local governmental issues, commended the Board for attending the Keep Lake Beautiful event that took place in Bassville Park. He asked if there could be additional work done in the area to continually keep the empty lots clear of litter and debris.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 2, 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.
Lands Available List
Request to acknowledge receipt of property placed on the Lands Available List. Lake County has until September 25, 2017 to purchase property from Lands Available List before it is available to the public.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 3 through 16 and Tab 22, as follows:
Request approval to accept Offers to Purchase on the following County-owned properties: Alternate Keys 1248124, 1342198, 1538882, and 1676568; and for Chairman to execute any necessary closing documents. The fiscal impact is $6,000.
Request approval of Election Systems and Software (ES&S) as a sole source vendor pursuant to Section 101.293, Florida Statutes, to allow the Supervisor of Elections to negotiate for the future purchase of voting equipment; and authorize the Chairman to certify the same to the Division of Elections.
Request approval to apply for and accept the Florida Job Growth Grant Fund Public Infrastructure Grant for connecting natural gas lines to the Christopher C. Ford Commerce Park. The fiscal impact is up to $500,000 (revenue). Commission District 1
Facilities Development and Management
Request approval to extend Contract 14-0629 awarded to Gas South LLC (Atlanta) for provision and management of natural gas for use within County buildings for an additional three-year term, and authorize Procurement Services to execute all supporting documentation. The estimated annual fiscal impact for provision of natural gas is $77,000.
Request approval of Contract 17-0616 for the provision of inspection, testing, maintenance, repair, and installation services for fire alarm systems and associated items owned and operated by Lake County to Space Coast Fire and Safety, Inc. (Merritt Island, FL), and authorize Procurement Services to execute all supporting documentation. The fiscal impact is estimated at $30,000 annually.
Request approval to award term and supply contracts to Ruby Builders, Inc. (Orlando, FL) and Advanced Commercial Contractors, Inc. (Eustis, FL) for RS Means Based Facility Construction/Repair services on an on-call basis. The fiscal impact is indefinite in nature at this time. Actual expenditures will be dependent upon need. Expenditures fiscal year to date are $167,000.
Request approval to award contracts under Invitation to Bid 17-0612 to fifteen (15) vendors for the provision of parts for use by the Fleet Management Division in the repair and maintenance of Lake County vehicles and operating equipment on an as-required basis, and authorize Procurement Services to execute all supporting documentation. The fiscal impact is indefinite in nature at this time. Expenditures fiscal year to date are $326,404.
Request approval of the Emergency Management Performance Grant Agreement with the State of Florida, Division of Emergency Management, for $91,715; and request approval for the County Manager to sign future amendments/modifications that do not involve fiscal impact.
Request approval to authorize the Emergency Manager to execute the certification required under Section 9B of both the Emergency Management Performance Grant and Emergency Management Preparedness and Assistance Trust Fund Base Grant, and to execute this certification for any other future emergency management grants received by the County.
Request approval of an Interlocal Agreement between Lake County and the Town of Lady Lake for Jurisdiction of Wales Plaza. The fiscal impact is $6,889.00 (Expenditure from the Renewal Sales Tax Capital Projects – Public Works – Resurfacing Fund). Commission District 5
Request approval to release a performance bond for $16,607.25 that was provided for the construction of sidewalks in the Highland Groves Phase II subdivision. Highland Groves Phase II consists of 34 lots and is located off Oswalt Road, Southwest of Clermont in Section 13, Township 23 South, Range 25 East. There is no fiscal impact. Commission District 2
Request approval to release a performance bond for $12,808.95 that was provided for the construction of sidewalks in the Highland Groves Phase III subdivision. Highland Groves Phase III consists of 22 lots and is located off Oswalt Road, Southwest of Clermont in Section 13, Township 23 South, Range 25 East. There is no fiscal impact. Commission District 2.
Request approval of the Third Amendment to the Developer's Agreement between Lake County and Joyce F. Buchanan, as Trustee for the Saddle Hill Final Plat, for a two-year extension of the term of the Agreement in accordance with a variance granted by the Board of Adjustment on April 13, 2017. Saddle Hill is located off Gray’s Airport Road in Fruitland Park and consists of 30 lots located in Section 34, Township 18 South, Range 24 East. There is no fiscal impact. Commission District 5
Request approval of Resolution 2017-82 authorizing the posting of "No Standing No Stopping No Drop Off" signs on Silver Eagle Road (1726) in the area of South Lake High School in the Groveland, Section 16, Township 22, Range 25. The fiscal impact is $554.76. Commission District 1
Request approval and signature on Resolution 2017-83 authorizing the posting of "No Standing No Stopping No Drop Off" signs on North Hancock Road (1354) in the area of Minneola High School in Minneola, Section 9, Township 22, Range 26. The fiscal impact is $554.76. Commission District 2
Request approval to award, encumber, and expend $342,873.00 for the Lake Emma Estates Water Quality Project, Project No. 2017-06, Bid No. 17-0821, to Art Walker Construction, Inc. (Lowell, FL) from the Stormwater MSTU FY 2017 Capital Project fund. The fiscal impact is $342,873.00. Commission District 1
public hearings: REZONING
rezoning consent agenda
Mr. Tim McClendon, Planning and Zoning Manager, Economic Growth Department, displayed the advertisements for that day’s rezoning cases on the overhead monitor and noted that Tabs 1 and 2 were approved by the Planning and Zoning Board on July 5. He requested that the Board approve the Consent Agenda consisting of Tabs 1 and 2.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding any cases on the Rezoning Consent Agenda, the Chairman closed the public hearing.
On a motion by Commr. Blake, seconded by Commr. Breeden and carried unanimously by a vote of 4-0, the Board approved the Rezoning Consent Agenda, Tabs 1 and 2, as follows:
Tab 1. Case #FLU-17-01-2
Howey-Groveland Rural Support Intersection
(Intersection of State Road 19 and County
Road 455 Northerly of Trout Lake)
Tab 2. Case #FLU-17-02-2
Green Swamp Interlachen
Future Land Use Category
public hearing - open burning prohibited ordinance
Ms. Melanie Marsh, County Attorney, placed the proposed Ordinance 2017-32 on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 10.5-75, LAKE COUNTY CODE, ENTITLED OPEN BURNING PROHIBITED; CLARIFYING THE CONDITIONS UNDER WHICH A BAN ON BURNING CAN BE DECLARED; CLARIFYING THAT RECREATIONAL BURNING IS INCLUDED WHEN A BAN IS DECLARED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Chairman closed the public hearing.
On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved Ordinance 2017-32 amending Section 10.5-75 entitled “Open Burning Prohibited.”
lake-SUMTER MPO discussion
Mr. Cole stated that he met with Mr. Bradley Arnold, Sumter County Administrator, on Monday, July 17, 2017, and they discussed items relating to the LSMPO (Lake-Sumter Metropolitan Planning Organization) Board, with both agreeing to take the discussion points from the meeting and present them to their respective commission boards. He reported that they discussed reducing the voting member count from sixteen to eleven, consisting of 3 Lake County Commissioners, 1 Sumter County Commissioner, 6 Lake County City representatives and 1 Sumter County City representative. He noted that they also discussed shifting the LSMPO to a fully independent agency, which he pointed out, could take several years to accomplish and they also discussed having only the voting members sitting at the table during the meetings, essentially separating voting from non-voting members. He added that legal counsel would also be seated at the table, and there would be an allowance for alternate members to be appointed.
Commr. Breeden pointed out that at the previous BCC Regular Meeting that took place on July 11, 2017, the Board had approved sending a letter to the Governor’s Office, and she had not signed the letter at that time because she was waiting for further information from Mr. Cole. She stated that she felt she wanted to have the discussion on those items first before signing it. She opined that it was better to try and come to an agreement locally. She stated that she supported the negotiation items brought forth and was willing to vacate her seat if the number of voting members was reduced. She added that if the Board voted to move forward with the letter she would sign it, but she hoped it could be resolved on a local level.
Commr. Blake stated that he felt an eleven member board was a reasonable compromise, and he was in favor of removing the non-voting members from the table, because the non-voting cities can participate in public comment to express their ideas and concerns. He noted that if the member number was reduced, he would also be willing to vacate his seat on the LSMPO Board.
Commr. Campione expressed that she did not want to vacate her seat on the LSMPO Board, because it gave her the opportunity to learn of the different projects taking place throughout the County. She felt that reducing the member number and removing the non-voting members from the discussion table could possibly prohibit participation. She noted that she did not want to see the original mission of the LSMPO be lost, and she opined that the proposed negotiation did not ensure that the LSMPO process stayed intact. She stated that she felt having the LSMPO Board make a decision without city input would make it unequal participation instead of recognizing every one as equal participants. She noted that there seemed to be confusion over how the LSMPO governing board worked, and she wanted to clarify that a lot of what the LSMPO Board does is just obtaining and processing the information in a public forum. She commented that voting decisions are rarely split and are more typically agreed upon by the whole LSMPO Board. She pointed out that only recently there was a decision that was not agreed upon, which had been moving towards a compromise; however, that situation ultimately brought about the letter to the Governor’s Office and the negotiation discussions. She suggested softening the letter, noting that the Board was open to compromise.
Commr. Sullivan opined that getting the municipalities input was important. He explained that he felt that the LSMPO Board should be reduced because it was currently an even number. He stated that he felt that there was a process to the LSMPO Board that should stay intact. He stated that the process could take a long time to work through, so taking it one step at a time would be the most beneficial way to approach it.
Commr. Campione suggested that the letter should provide information to the Governor that would inform him that the positions of Lake County and Sumter County have differed but that Lake County was open to ways of working together with Sumter County. She wondered how the cities’ concerns could be included.
Commr. Sullivan stated that the letter and resolutions submitted by the cities could be sent to the Governor’s Office as well.
Commr. Breeden stated that she would support a letter noting that the issues were being dealt with at the local level.
Commr. Campione suggested attaching the information submitted by the cities to the main letter, which would outline the County’s desire to resolve the issue at the local level.
Ms. Marsh requested that the Board take a vote on the revised letter.
On a motion by Commr. Campione, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved modifying the letter to the Governor’s Office regarding the Lake-Sumter Metropolitan Planning Organization Board. This letter is to be signed by the Chairman once finalized.
On a motion by Commr. Breeden, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the appointments of the following individuals to positions on the Lake County Arts & Cultural Alliance Board.
To serve to serve a two-year term ending July 31, 2019, the Board approved Mr. Richard Colvin, as the City of Eustis representative; Ms. Nancy Zinkofsky, as the City of Mount Dora representative; and Ms. Lou Buigas, as the City of Tavares representative. The Board also approved the appointments of Ms. Rebecca Thomas, as the City of Minneola representative, to complete a two-year term ending July 31, 2018, and Mr. John Griffin, as the City of Groveland representative, to serve a one-year term ending July 31, 2018.
reports – county manager
Mr. Cole noted that the first delivery of the bear-proof trashcans had been received, and staff was planning to start with the release of 20 cans to targeted areas as a soft rollout to determine their effectiveness. He stated that staff would report back to the Board on the results, and then a wide scale deployment plan would be determined if the trashcans were efficient.
Commr. Campione asked when it would be possible for residents who want to voluntarily be in the program to sign up to purchase one. She wondered if there would be an example or demonstration of the bear-proof trashcan at the Wildlife Festival taking place in Umatilla.
Mr. Cole replied that at the time the results of the pilot program were presented to the Board, they could also determine how residents could voluntarily join the program.
Mr. Jim Stivender, Public Works Director, stated that the Florida Fish and Wildlife Conservation Commission would have a booth at the festival, and Public Works staff was coordinating with them so the County could be present to educate residents on the new trashcans. He noted that doing a soft rollout in the areas with high bear populations would test the trashcans to ensure they would work in real life scenarios before releasing a large number of the trashcans to residents around the county.
bassville park improvement solutions
Mr. Cole noted that he would be meeting with staff, three key individuals from the Bassville Park area and the Sheriff’s Office to determine solutions for Bassville Park, and then those ideas and solutions would be presented to the Board.
Commr. Breeden noted that she wanted to attend the meeting.
Commr. Campione suggested using code enforcement and utilizing liens on the abandoned properties to keep them clean. She explained that funds could be set aside to demolish abandoned homes that are considered hazardous, and the house could be foreclosed on if there were no current County funds available, which would refund the money spent to demolish it. She also suggested that an abandoned home in better condition could be foreclosed on and could be used by the Sheriff to have a constant police presence in the area. She also wondered if the Sheriff’s Office could increase patrolling in the area.
additional animal shelter hours
Mr. Cole reported that Ms. Whitney Boylston, the new Animal Shelter Director, would be implementing Sunday adoption hours at the shelter starting August 6, 2017. He noted that those Sunday shifts would be staffed with volunteers.
recognition of mr. stivender
Mr. Cole thanked Mr. Jim Stivender, Public Works Director, for all of his support and for his service to Lake County.
reports – commissioner breeden – district 3
bassville park keep lake beautiful event
Commr. Breeden thanked the Board for attending the Keep Lake Beautiful event that took place at Bassville Park. She reported that 12.26 tons of materials and 1,700 pounds of household hazardous waste were collected and disposed of safely.
reports – commissioner campione – district 4
event capacity limits and enforcements
Commr. Campione pointed out that recently an event took place in Mount Dora that resulted in an overcrowding of attendees at the event facility, and she asked that the Sheriff’s Office be consulted so that in the future that would not happen again. She was concerned that it would become a regular occurrence and noted there were also several residents that live near the event facility who reached out to her to share their concern on the issue as well. She wondered if something could be done through an ordinance to ensure that it would not happen again.
Ms. Marsh noted that she spoke with the Sheriff’s Department Attorney, and it was confirmed that it was held at an event facility within Mount Dora city limits which was zoned for that type of event. She explained that her understanding was that this was a traveling event which moved to different areas around the state and she did not believe it would be back. She pointed out that the event promoter oversold the tickets and that it was not a problem with the event facility.
Commr. Sullivan reported that there was police support at the event.
Ms. Marsh responded that there were off-duty Mount Dora police officers at the event; however, they were not previously aware of the number of individuals that would be attending the event, which was approximately over 1,000 people. She added that once the crowd grew too large, there were other jurisdictions called in to help.
Commr. Campione wondered if the off-duty police officers that attend events still had a legal obligation to notify the surrounding agencies if there are issues.
Ms. Marsh stated that she assumed that would happen, but she did not discuss that specifically with the Sheriff’s attorney. She noted that she would be reaching out to the County Attorney for Orange County to find out if there had been similar issues there.
Commr. Campione suggested that there be some type of Lake County license requirement to have an event, so the license could be revoked if there was an issue and the revocation would be on record if the same event promoter tried to hold another event in the county.
Commr Sullivan pointed out that there was something similar in place within Lake County and if the event was in Lake County proper it would have been regulated through that. He suggested that it could be beneficial to share that particular ordinance with the municipalities so it could be enforced within city limits as well.
Commr. Campione opined that it was worth a conversation with the cities to try and implement something like that and even possibly make it a county-wide regulation, which would make it easier to enforce and regulate.
reports - commissioner blake – district 5
RECOGNITION OF MR. STIVENDER
Commr. Blake thanked Mr. Stivender for his work and service to the County.
REGIONAL PLANNING COUNCIL DUES
Commr. Blake reported to the Board that the Regional Planning Council had raised their dues from sixteen cents per capita to twenty cents per capita, which would result in an additional $14,800 for the County, and he wanted to make sure the Board was aware of that. He added that he voted against the increase.
reports - commissioner sullivan – chairman and district 4
LAKE COUNTY FEDERAL FUNDING NEEDS 2018
Commr. Sullivan updated the Board on his upcoming trip to Washington D.C. to attend the Intergovernmental Coordination Program for the Florida County Commissioners held by the White House. He explained that he took the opportunity to schedule meetings with local and state elected officials, the United States Department of Transportation and the Economic Development Administration since he would be in Washington D.C. He stated that he would be presenting them with a packet of Lake County’s Federal Funding Needs for 2018. He commented that he wanted the Board to be aware of the package and asked for any additional input from the Board. He noted that two issues he would be addressing were the needs for new wireless technology and infrastructure challenges.
Commr. Breeden asked if he could mention the Board’s support of continuing the Institute for Museums and Libraries, which provided state funding for library services across the country. She explained that library funding could be reduced by the legislature if the elimination of the institute was approved, as suggested in the President’s budget.
Commr. Campione clarified the institute was connected to the State Aid to Public Libraries Grant, which is how the County obtained library money locally. She commented that County road projects should also be included in the discussions.
NEW ANIMAL SHELTER DIRECTOR
Commr. Sullivan recognized the new Animal Shelter Director, Ms. Whitney Boylston.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:50 a.m.
timothy i. sullivan, chairman
NEIL KELLY, CLERK