A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS
february 11, 2020
The Lake County Board of County Commissioners met in regular session on Tuesday, February 11, 2020 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Wendy Breeden, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Josh Blake. Commissioner not present: Leslie Campione, Chairman. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Kathleen Bregel, Deputy Clerk.
INVOCATION and pledge
Rev. Mario Bolivar from First Presbyterian Eustis gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Jeff Cole, County Manager, requested for Tab 18 to be pulled and rescheduled for another meeting.
employee service awards
Ms. Jeannine Nelson, Human Resources and Risk Management Manager, announced that they would be recognizing employees who had reached service milestones in their careers with Lake County as follows:
EMPLOYEE AWARDS
FIVE YEARS
Jeremy Cooper,
Survey Party Chief
Public Works
Department
Luis Cortes,
Firefighter/EMT
Office of Fire
Rescue
Jordan Davis,
Firefighter/Paramedic
Office of Fire
Rescue
Justen Holmes,
Firefighter/EMT
Office of Fire
Rescue
Justin
Hunsberger, Senior Building Inspector
Office of
Building Services
Mitchell
LaFleur, Firefighter/Paramedic
Office of Fire
Rescue
Eva Lora, Associate Planner
Office of
Planning & Zoning
Christine Rock, Senior Planner
Office of
Planning & Zoning
Dustin
Rosecrans, Firefighter/Paramedic (not present)
Office of Fire
Rescue
Julian Valiente, Firefighter/Paramedic (not present)
Office of Fire
Rescue
Max Vose, Firefighter/Paramedic (not present)
Office of Fire
Rescue
William
Warbritton, Firefighter/Paramedic (not
present)
Office of Fire Rescue
FIFTEEN YEARS
Christen
Svendsen, Firefighter/Paramedic (not present)
Office of Fire Rescue
TWENTY
YEARS
Matthew Dorn, Trades Crew Leader
Office of Facilities Management
EMPLOYEE RECOGNITION
Office of Emergency Medical Services
Tyler Van Alstine, Paramedic
Ginger Jacobs, EMT
Ms. Nelson
introduced Dr. Donald Plumley, Pediatric Trauma Medical Director for Orlando
Health Arnold Palmer Hospital for Children, who recognized two Office of
Emergency Medical Services (EMS) employees, Paramedic Tyler Van Alstine and Emergency
Medical Technician (EMT) Ginger Jacobs, for
a complex pediatric trauma call which occurred in November 2019.
Dr. Plumley thanked
the Board for the honor to recognize these two Office of EMS staff members who
did an amazing job in their response to a head-on car collision involving a
young lady visiting her grandparents in The Villages. He relayed that the EMS team arrived at the
scene of the accident, recognized the severity of the injuries, realized there
was not air support available, and drove the young lady to Orlando Health
Arnold Palmer Hospital for Children where she received trauma support and underwent
surgery, noting that they performed several lifesaving maneuvers in the
ambulance during transport. He remarked
that the actions of this EMS team, along with the surgeons at the hospital,
helped to save this young lady from a life-threatening situation.
Minutes approval
On a motion by Commr. Sullivan, seconded by Commr. Blake, and carried unanimously by a 4-0 vote, the Board approved the minutes for the Board of County Commissioners (BCC) meetings of December 3, 2019 (Regular Meeting) and December 18, 2019 (Special Meeting) as presented.
citizen question and comment period
Mr. David Serdar, a concerned citizen, shared sentiments for victims of a car accident within the county, and expressed concerns for the number of people who drink and drive in the community.
CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA
On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a 4-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 and 2, as follows:
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
City of Mount Dora Ordinance
Request to acknowledge receipt of Annexation Ordinance 2019-21 from the City of Mount Dora.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Blake requested to pull Tab 4 for a separate vote.
On a motion by Commr. Parks, seconded by Commr. Blake and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda, Tabs 3 through 15, pulling Tab 4 for a separate vote, as follows below.
On a motion by Commr. Parks, seconded by Commr. Sullivan and carried by a vote of 3-1, the Board approved Tab 4 of the Consent Agenda.
Commr. Blake voted no.
COUNTY ATTORNEY
Request approval to retain William A. Ray, AICP, and Ray and Associates Planning and Environmental (Ocala, FL) to provide litigation support to Lake County in the case of Richard Pitts, et al. v. Lake County, Florida. The fiscal impact (expenditure) cannot be determined at this time.
Request approval for the County Attorney, or designee, to execute the Stipulated Final Judgment in Court Case No. 2018-CA-2076, Lake County vs. Kenneth M. Kern, et al., (Parcel Number: CG-20) for the needed right of way, grading and drainage easement, and temporary construction easement for the Citrus Grove Road Project. The fiscal impact is $17,125.00 (expenditure). Commission District 2.
ADMINISTRATIVE SERVICES
Management and Budget
Request approval of a payment to Dell Marketing LP (Round Rock, TX) for computer servers and switches purchased for the Lake County State Attorney's Office. The fiscal impact is $26,513.81 (expenditure).
Request approval of Contract 19-0518 with Hagerty Consulting, Inc. (Evanston, IL) for coordination and assistance with cost recovery for federally declared disasters. The fiscal impact (expenditure) will be determined based on need following an event and would be eligible to submit for reimbursement.
HUMAN RESOURCES AND RISK MANAGEMENT
Request approval to reassign Contract 16-0209 to Healthstat Wellness, Inc. (Charlotte, NC), previously assigned under Healthstat, Inc., to provide medical center services for participants of the Lake County Health Plan. There is no fiscal impact.
PUBLIC SAFETY AND DEVELOPMENT SERVICES
Fire Rescue
Request approval of sole source procurement with Rescue Systems Unlimited, LLC (Kettering, OH), for the purchase of Kodiak Rescue Struts used to stabilize vehicles involved in major automobile accidents, and authorization for the Office of Procurement Services to execute all supporting documentation. The estimated fiscal impact is $37,000.00 (expenditure) over a five-year period.
Public Safety
Request approval to:
1. Accept the 2019 Enhanced 911 State Grant Program award for 911 Geographic Information Services (GIS) development and maintenance of Next Generation 911 services.
2. Award Contract 20-0406 to GeoComm (St. Cloud, Minnesota) for the enhancement of GIS Database, Master Street Address Guide (MSAG) Database and synchronization of GIS Database layers with MSAG & Automatic Location Information Database.
3. Execute Unanticipated Revenue Resolution 2020-15 for the revenues and expenditures.
4. Authorize the County Manager, or designee, to execute all supporting documentation and related expenditures.
The fiscal impact is $495,322.00 (revenue/expenditure – 100% grant funded).
PUBLIC SERVICES AND INFRASTRUCTURE
Facilities Management
Request approval of Contract 20-0413 with Deiger Service Corporation, d/b/a Superior Fire of Florida (Ocoee, FL), for fire extinguisher inspections. The annual fiscal impact is $36,461.50 (expenditure).
Public Works
Request approval to apply for and accept a St. Johns River Water Management District Cost Share Grant for a water quality retrofit project on Lake Griffin, and authorization for the Chairman to execute any related documents. The estimated fiscal impact is $127,350.00 (revenue/expenditure - $42,025.00 in cost share funding and $85,325.00 in County funding). Commission District 5.
Request approval of a Roadway Improvement Agreement with Hartwood Residential, LLC (Orlando, FL) for the design and construction of the first segment of the proposed extension of Hancock Road, south of Hartwood Marsh Road, in the Clermont area. The estimated fiscal impact is $996,063.00 (expenditure). Commission District 2.
Request approval to:
1. Release a performance bond of $870,955.58 posted for the completion of infrastructure improvements for the Serenoa Village 1 Phase 1B2 final plat, located in the Four Corners area.
2. Execute a Developer’s Agreement for Maintenance of Improvements with VK Avalon Groves LLC (West Palm Beach, FL).
3. Accept a maintenance bond of $72,544.61 for maintenance of improvements.
4. Execute Resolution 2020-16 accepting Basswood Lane “Part” (County Road No. 0264B) into the County Road Maintenance System.
5. Execute a Developer’s Agreement for Construction and Maintenance of Sidewalk Improvements with VK Avalon Groves LLC.
6. Accept a performance bond of $37,533.38 for performance of sidewalk construction.
7. Accept a maintenance bond of $3,412.13 for maintenance of sidewalk improvements.
There is no fiscal impact. Commission District 1.
Request approval to release a performance bond of $29,048.58 posted for the completion of a temporary turnaround for the Serenoa Village 1 Phase 1A2 final plat, located in the Four Corners area. There is no fiscal impact. Commission District 1.
Request approval to release a performance bond of $29,048.58 posted for the completion of a temporary turnaround for the Serenoa Village 2 Phase 1A2 final plat, located in the Four Corners area. There is no fiscal impact. Commission District 1.
public hearing: ordinance to prohibit gambling facilities
Ms. Melanie Marsh, County Attorney, placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER II “DEFINITIONS;” AMENDING SECTION 3.15.00 TO PROHIBIT SIMULATED GAMBLING FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Marsh stated that this ordinance would not be assigned a number today. She explained that it was a first reading because it was a change to the Land Development Regulations (LDRs); furthermore, she said that if it was approved at this meeting, it would come back to the Board for final adoption on February 25, 2020 along with the code change which would be a separate ordinance, unless the Board chose to take a different action.
Commr. Sullivan mentioned that he had been approached by members of the businesses that this ordinance would affect; therefore, he proposed postponing the public hearings on this ordinance for 30 to 60 days in order to allow these businesses the opportunity to present their case regarding this ordinance and how it would potentially affect them.
Ms. Marsh responded that if this was approved as the first reading at this meeting, then both ordinances could come back before the Board on March 24, 2020 or April 21, 2020 in order to meet the 30 to 60 day timeframe. She explained that since today was a public hearing, the Board would need to open the floor for any public comments.
Commr. Parks asked to clarify that the second public hearing could be postponed.
Ms. Marsh replied that was correct, and that this was simply a first hearing of the ordinance and not adoption of the ordinance, noting that since it was changing the LDRs, they were required to hold two readings for the ordinance. She reiterated that if the Board moved this ordinance forward, then they could set any date for the final public hearing for adoption if the Board chose to adopt the ordinance.
Commr. Breeden inquired if they could choose to move the entire process to another date.
Ms. Marsh confirmed that was correct, and explained that the Board could choose to postpone this first reading which would then delay the final adoption public hearing for several meetings based on when the first reading might take place.
The Vice Chairman opened the public hearing.
Mr. Michael Hatfield, a concerned Lake County citizen, asked for this ordinance to be delayed 30 to 60 days. He indicated that he had requested from the Lake County Sheriff’s Office a breakdown of their responses to the reported 60 incidents sent to the Board. He thanked the Sheriff for making the material available, and noted that the report he was given was about 120 pages. He remarked that he would need additional time to review this material, and thought that if the number of reported incidents was separated among the number of operating businesses, it would not be substantial; therefore, he believed this documentation would not support the need for this ordinance. He opined that if he had ample time to review and present to the Board, then any issues could be resolved.
Mr. Kelly Mathis, an attorney representing a software provider for many of these game rooms, thought that this ordinance was attempting to close these game rooms within Lake County on the basis that there could potentially be some safety and crime issues involved. He also requested additional time to review the information, and believed there were better solutions to the problems than shutting down businesses which would affect employees, landlords, and customers. He opined that customers enjoyed these places, thought they were safe, used them as social activity centers, and desired for them to remain open. He commented that if there were safety issues, then he would like the opportunity to work with the County and the Sheriff to develop solutions to address those concerns, such as better lighting, an off-duty officer, different hours, and etc.
Ms. Marsh clarified that this ordinance would only apply to the unincorporated sections of the county and would not prohibit these businesses from being within the municipalities if the cities allowed them.
There being no one else who wished to address the Board regarding this matter, the Vice Chairman closed the public hearing.
Commr. Blake said he agreed with Commissioner Sullivan that the first reading could be delayed for a few meetings, and felt it was appropriate to allow time for those representing the businesses to review their documents.
Commr. Parks asked for confirmation that the Lake County Sheriff’s Office attorney did not want to table this ordinance but desired to move forward with it, and Ms. Marsh confirmed that was correct. He then commented that while he was open to discussion on the ordinance, his preference was to approve the first reading at this meeting with the second hearing taking place in 90 days. He shared that in his district since 2011, he had been dealing with calls regarding these businesses and facilities which indicated they were problematic. He understood that there might be responsible people going to these facilities; however, he also had businesses located next to these facilities that had complained to him since 2011. He relayed that even back then, it was discussed that certain measures could be applied to regulate activities, but he believed that the problems with these businesses remained the same. He shared an example that some businesses and restaurants next to these type of facilities were not renewing their leases and were moving to other locations due to the problems associated with the gambling establishments and their effect on their business, noting that other areas in the state of Florida were also regulating and restricting this activity. He stated that he liked the idea of a possible fulltime paid deputy on the premises and would discuss this possibility with the Sheriff.
Commr. Sullivan opined that postponing this item would be a good compromise in order to hear from both sides of the issue, noting that he had heard from citizens who wanted the establishments. He then asked for the next possible meeting dates where this could be addressed if it was postponed.
Ms. Marsh responded that March 10, March 24, April 7, April 24, May 5, and May 19, 2020 were possible BCC meeting dates if the Board desired to delay it for 90 days.
Mr. Cole noted that staff wanted to keep the March 24, 2020 BCC meeting agenda short due to the Board strategies workshop in the afternoon.
Commr. Sullivan suggested delaying it until one of the meetings in April 2020.
Commr. Breeden thought it might be better to not place it on the same day as planning and zoning public hearings.
Ms. Marsh asked for clarification if the Board was requesting for the first reading to be delayed until April 7, 2020, with the adoption public hearing to happen later.
Commr. Parks asked when the second reading would happen if the first reading was tabled until April 7, 2020.
Ms. Marsh replied that the Board could decide on any date, noting that if they preferred to not have it on a zoning hearing day, then the next available Board meeting date would be May 5, 2020.
Commr. Parks indicated that he would be in agreement to postpone the first reading to April 7, 2020, as long as the second hearing took place at the next meeting on April 24, 2020, noting that he was fine with it happening on a zoning hearing meeting.
On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a 4-0 vote, the Board approved for the first reading of this ordinance to be tabled until the April 7, 2020 Board of County Commissioners meeting, and for the second reading and adoption public hearing to take place at the April 24, 2020 meeting.
public hearing: ordinance 2020-7 – business taxes
Ms. Marsh placed the proposed ordinance on the floor for reading by title only as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING AND REPLACING ARTICLE IV, CHAPTER 13, LAKE COUNTY CODE, ENTITLED BUSINESS TAXES; CONSOLIDATING CLASSIFICATIONS; ESTABLISHING FEES; PHASING OUT THE BUSINESS TAX; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Vice Chairman opened the public hearing.
There being no one who wished to address the Board regarding this matter, the Vice Chairman closed the public hearing.
Commr. Blake thought this ordinance was great for businesses, and noted that the Lake County Tax Collector was in the audience.
Commr. Breeden relayed that Commissioner Campione was also in support of this ordinance, and she thanked the Tax Collector for bringing this ordinance forward for the Board to consider.
On a motion by Commr. Blake, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved Ordinance 2020-7 amending Article IV, Chapter 13, Lake County Code, entitled Business Taxes, to consolidate the 37 classifications into a single category and to phase out the tax by the end of Fiscal Year (FY) 2022 through a one-third reduction in FY 2020, a one-third reduction in FY 2021 and elimination in FY 2022.
reports
county manager
cities of mascotte and fruitland park fire services
Mr. Cole recapped the progress on the inquiries from the Cities of Mascotte and Fruitland Park regarding merging their fire services with the County’s fire services. He reported that Mr. John Molenda, Deputy County Manager, Fire Chief Jim Dickerson, and he had attended a special workshop with the Mascotte City Council on February 4, 2020, noting that Mr. Molenda’s presentation on the County’s fire services structure was excellent. He relayed that both the Mascotte and Fruitland Park City Managers had asked for draft agreements in order for them to present them to their city councils. He indicated that both of these agreements would come before the BCC sometime in the spring if approved by the two city councils.
potential trail from tavares to sorrento
Mr. Cole commented that the City of Tavares had been working on identifying funding and interest in the potential trail which would run from that city through unincorporated Lake County, the City of Mount Dora, and into the Sorrento area. He indicated that County and City staff had met to explore possibilities, and that they had identified an opportunity in Washington, D.C. to discuss a Build It America grant as a possible way to fund the acquisition, noting that the City of Tavares had requested for he and the Board Chairman to join them in Washington, D.C. in late March for those conversations.
county offices closed for presidents’ day holiday
Mr. Cole relayed that all Lake County Offices would be closed on Monday, February 17, 2020 in observance of the Presidents’ Day holiday.
commissioners reports
commissioner sullivan – district 1
recognition of veterans services office
Commr. Sullivan acknowledged the staff of the Lake County Veterans Services Office for their great work in covering changes in staffing as well as all they do for veterans in the community on a regular basis.
commissioner parks – district 2
appreciation for public works department and sheriff’s office
Commr. Parks complimented the Lake County Public Works Department and Sheriff’s Office staff for their responsiveness to citizen complaints regarding road hazards and speeding on the roads.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:45 a.m.
_________________________________
leslie campione, chairman
ATTEST:
________________________________
GARY J COONEY, CLERK