A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 4, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, March 4, 2003, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Robert A. Pool. Not Present: Welton G. Cadwell, Chairman. Others present were: William A. “Bill” Neron, County Manager; Gregg Welstead, Deputy County Manager/Growth Management Director; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Linda Green, Executive Associate, Board of County Commissioner’s Office; and Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
2003 LEGISLATIVE CONFERENCE
Commr. Stivender, Vice Chairman, noted that Commr. Cadwell, Chairman, is in Washington, D.C., attending NACo’s (National Association of Counties) 2003 Legislative Conference.
Mr. Bill Neron, County Manager, informed the Board that there is an Addendum No. 1, Item I, and requested that Tab 19 be pulled from today’s agenda.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of February 4, 2003 (Regular Meeting), as presented.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of February 18, 2003 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 8, for the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds as follows:
5207-03 Beard Industries, Inc. d.b.a. Pinch A Penny #61 (Swimming Pool)
6005-03 David Stewart d.b.a. Power Link Solutions (Electrician)
6057-03 Dennis Wyatt d.b.a. All Phase Electric of Florida, Inc.
6058-03 Keith, Tim & Brian Fenley d.b.a. Fenley’s Irrigation & Landscaping
4821-03 Mary Houlby Russell d.b.a. Bubba’s Construction of LMS, Inc. - amended as follows: individual contractor’s name has been changed to read: James Roddy Russell
4773-03 Robert S. Patrick Enterprises, Inc.
List of Warrants
Request to acknowledge receipt of a list of warrants paid prior to this meeting, pursuant to Chapter 136 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.
Monthly Distribution of Revenue, Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue, Traffic/Criminal Cases, Month Ending 31 January 2003. Disbursements due to Board: $148,836.81. Same period, last year: $182,668.31.
Basin Study - Army Corps of Engineers
Request to acknowledge receipt of letter from the Department of the Army, Jacksonville District Corps of Engineers, Planning Division, Environmental Branch, indicating that they have initiated a Basin Study to address the water management issues presented in the Expedited Reconnaissance Study for the Withlacoochee River Watershed and the Green Swamp (map enclosed), and that the study is being prepared under the authority of the United States House of Representatives Resolution, Docket 2544, adopted March 11, 1998, which states: “...the Secretary of the Army is requested to review the report of the Chief of Engineers on the Four River Basins, Florida Project, published as House Document 585, 87th Congress, and other pertinent reports, with a view to determining the feasibility of measures related to comprehensive watershed planning for water conservation, water supply, environmental restoration and protection, and other water resource related problems in the vicinity of the Green Swamp and the Withlacoochee River.” The letter further states that the Jacksonville District Corps of Engineers is requesting ideas and input into this study, in compliance with the National Environmental Policy Act, that information contained in response will be used to help formulate a plan and to identify resources and impacts to those resources by the project, and that the local sponsor for this project is the Southwest Florida Water Management District. Please address comments to: U.S. Army Corps of Engineers, Chief, Planning Division, P. O. Box 4970, Jacksonville, FL 32232-0019, or contact Mr. Bill Fonferek at (904) 232-2803.
North Lake County Hospital Tax District Meeting/Financial Report
Request to acknowledge receipt of North Lake County Hospital Tax District’s meeting schedule for the fiscal year, with public meetings commencing at 6 p.m. at the offices of the Lake County Water Authority, 107 N. Lake St., Tavares, pursuant to Florida Statutes 189.417:
Thursday, September 11, 2003; Thursday, September 18, 2003; Thursday, January 22, 2004.
Request to acknowledge receipt of North Lake County Hospital District Annual Financial Report, September 30, 2002, and a copy of its audit report, pursuant to Florida Statutes 189.418.
Public Hearings - Proposed Ordinances - City of Groveland
Request to acknowledge receipt of City of Groveland Notice of Public Hearing for establishment of Community Development District and amendment to Planned Unit Development. Proposed Ordinances 2003-03-14 and 2003-3-15 will be considered at the following public meetings: Groveland City Council meeting as the Local Planning Agency on February17, 2003, at 7:00 p.m.; Groveland City Council meeting on February 17, 2003, immediately following the LPA meeting; Groveland City Council meeting on March 3, 2003, at 7:00 p.m. The meetings will be held at the Puryear Building, 342 S. Lake Ave., Groveland, FL.
Public Hearings - Community Development Corporation - City of Leesburg
Request to acknowledge receipt of Notice from the Community Development Corporation of Leesburg & Vicinity, Inc. (CDC) that, based on a request by the City of Leesburg, they wish to notify residents of said area that the City of Leesburg will be having public hearings at City Hall, in downtown Leesburg (501 W. Meadow Street), to discuss and transmit the proposed Future Land Use Map to the Florida Department of Community Affairs (DCA). The hearings are scheduled for: February 20, 2003, at 3:30 p.m., and March 10, 2003, at 5:00 p.m. The public hearings will outline the proposed changes to the maps for the Carver Heights CRA area and East Leesburg (Pine Street), specifically to discuss proposed changes.
Ordinance 03-16 - City of Leesburg
Request to acknowledge receipt of Ordinance No. 03-16, from the City of Leesburg, annexing certain property owned by Alfred P. Smith and Dorothy A. Smith, said property consisting of approximately 6.41 acres and being generally located north of U.S. Highway 441, south of Silver Lake Drive, east of Stewart Lane, and west of College Drive, lying in Sections 15 and 22, Township 19 south, Range 25 east, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg; providing that such annexed territory shall be rezoned from County C-1 and R-1 to City C-3 (Highway Commercial). Passed and adopted at a regular meeting of the City Commission of the City of Leesburg, Florida, on the 10th day of February, 2003.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 20, pulling Tab 19, and including Addendum No. 1, Item I., as follows:
Budget and Administrative Services - Budget
Request for approval of the following:
Budget transfer - General Fund, Constitutional Officers/Sheriff, in the amount of $10,000.00 is requested. Transfer $10,000.00 from Contingency - Sheriff to Law Enforcement Capital Outlay. The Sheriff is requesting a transfer pursuant to F.S. 30.49.
Budget transfer - General Fund, Constitutional Officers/Sheriff, in the amount of $20,000.00 is requested. Transfer $20,000.00 from Law Enforcement - Personal Services to Law Enforcement Capital Outlay. The Sheriff is requesting a transfer pursuant to F.S. 30.49.
Budget transfer - Landfill Enterprise Fund, Department of Solid Waste Management, Loghouse Post Closure, in the amount of $13,400.00 is requested. Transfer $13,400.00 from Contingency to Professional Services. Funds needed for landfill conceptual development plan for developing the Astatula landfill site for future use. Funds available in Contingency.
Budget transfer - Solid Waste Closures and Long-Term Care Fund, Department of Solid Waste Management, Loghouse Post Closure, in the amount of $9,500.00 is requested. Transfer $9,500.00 from Contingency to Professional Services ($7,500.00) and Other Current charges & Obligations ($2,000.00). The closure permit for Loghouse Landfill expires on March 30, 2003. FAC Rule 62.701 requires applications for renewals must be submitted 60 days prior to permit expiration. The Loghouse permit renewal application is due on January 30, 2003. Funds available in Contingency.
Budget transfer - Solid Waste Closures and Long-Term Care Fund, Department of Solid Waste Management, Astatula Post Closure, in the amount of $182,338.00 is requested. Transfer $182,338.00 from Contingency to Astatula Post closure. Funds are needed to complete Task #2 of RFP #02-102, which is an agreement between Lake County and Jones Edmunds & Associates, Inc. for hydro geological services and construction of ground water monitoring wells. A consent order issued by the Florida Department of Environmental Protection for the Phase I Landfill required a Contamination Assessment Plan (CAP). The CAP required the construction and monitoring of additional wells. Funds available in Contingency.
Budget transfer - Solid Waste Closures and Long-Term Care Fund, Department of Solid Waste Management, Astatula IIA, IIB, Phase III, in the amount of $413,628.00 is requested. Transfer $111,118.00 from Contingency and $302,510.00 from Landfill Closure to Improvements Other Than Buildings. Need to modify funds allocation for landfill closure and infill construction project to correctly reflect cost allocation in appropriate funds.
Budget transfer - Solid Waste Closures and Long-Term Care Fund, Department of Solid Waste Management, Astatula IIA Closure, in the amount of $29,646.00 is requested. Transfer $29,646.00 from Contingency to Professional Services. Budget transfer - Solid Waste Long-Term Capital Projects Fund, Department of Solid Waste Management, Astatula IIA Closure, in the amount of $44,467.00 is requested. Transfer $44,467.00 from Contingency to Professional Services. Construction and engineering fees for landfill closure and infill construction not rebudgeted from last fiscal year. Funds available in Contingency.
Budget transfer - General Fund, Constitutional Officers/Sheriff, in the amount of $141,000.00 is requested. Transfer $141,000.00 from Dispatch Services - Tavares to Dispatch Services - Tavares. The expenditure account number currently assigned to “Dispatch Services - Tavares” falls within the block of account numbers specifically designated as Reserve accounts. This budget amendment reclassifies the account more appropriately into the block of account numbers designated as Transfer accounts.
Budget transfer - Landfill Enterprise Fund, Department of Solid Waste Management, Landfill/Leachate, in the amount of $75,000.00 is requested. Transfer $75,000.00 from Contingency to Repair & Maintenance. Funds needed to repair a leachate storage tank. On January 6, 2003, a leak was discovered at the west leachate storage tank. The manufacturer determined that the interior coating of the tank had failed. Funds needed to repair and install an impressed current cathodic protection system, which will comply with F.A.C. Rule 62-701. Funds available in Contingency.
Budget transfer - General Fund, Constitutional Officers/Sheriff, in the amount of $10,000.00 is requested. Transfer $10,000.00 from Contingency - Sheriff to Law Enforcement Capital Outlay. The Sheriff is requesting a transfer pursuant to F.S. 30.49.
Budget transfer - Solid Waste Capital Projects Fund, Department of Solid Waste Management, in the amount of $27,000.00 is requested. Transfer $27,000.00 from Interest to Debt Service Costs. Transfer needed to allocate funds in the proper line item for Line of Credit closing costs. Funds available in Interest.
Budget transfer - Solid Waste Closures and Long-Term Care Fund, Department of Solid Waste Management, in the amount of $3,240.00 is requested. Transfer $3,240.00 from Contingency to Professional Services - Lady Lake Post Closure ($1,253.00) and Professional Services - Loghouse Post Closure ($1,987.00). Funds needed to perform work recommended by FDEP to monitor gas at the closed Lady Lake and Loghouse landfills. Funds available in Contingency.
Check Request (Direct Pay) from the Clerk’s Office for payment of Criminal Court costs for January 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is $33,105.00.
Budget and Administrative Services - Procurement Services
Request for approval and authorization to extend the contract with Geraldine Kerr and Associates, Inc. through July 1, 2004 for Court Reporting Services maintaining the same price for the extension period.
Request for approval and authorization to award RFP 03-032, encumber funds and authorize contracts, subject to the County Attorney approval, to Devo Seereeram, Ph.D., P.E. and Universal Engineering Sciences, Inc. for continuing geotechnical engineering consultant services for the County.
Request for approval to hold the Lake County Library System Information Fair at the Lake Square Mall on Saturday, April 12, 2003 and approval to sign permit application as required.
Request for approval to submit grant application and to authorize signature on any new partnership agreements between Library Services, community agencies and Technology Act Grant for the continuation of the Born To Read Family Literacy Program; and to authorize the County Manager to sign subsequent documents needed for grant application or grant acceptance.
Request from Community Services for approval and signature on proposed Data Sharing Agreement between the State of Florida, Agency for Health Care Administration and Lake County.
Request for approval and execution of (2002 FEMA Supplemental Grant for Development of a COOP Plan and Terrorism Annex Revision) Agreement to accept $75,000.00 from the State of Florida, Department of Community Affairs, to hire a full-time temporary position for the purpose of revising the County Terrorism Response Annex and developing Government Continuity of Operations Plans.
Request for approval and authorization to advertise for bids for the South Tav-Lee Construction Project No. 2003-07 at an estimated cost of $75,000.00 that is to be funded by the Florida Department of Transportation through a Local Agency Program Agreement.
Request for approval and execution of a Purchase Agreement with Rolando Rodriquez for right of way in conjunction with the Citrus Tower project in the Clermont area.
Request for approval and execution of a Purchase Agreement with Kenneth E. Bosserman for right of way in conjunction with the Hook Street, Phase II project in the Clermont area.
Request for approval and execution of a Purchase Agreement with Tony and Carey Hubbard for right of way in conjunction with the Citrus Tower project in the Clermont area.
Request for approval to accept four Statutory Quitclaim Deeds, one Statutory Warranty Deed and one Temporary Non-Exclusive Construction Deed as follows:
Statutory Quitclaim Deeds
Mary Conger, E.Cemetery Rd, C5, RD#7679, Road Project,
OR Book 2252, Page 2236
Edward L. & Carol A. Rose, Shetland Tr.,/Gere Ln., Special Assessment,
OR Book 2254, Page 0524
Milton A. & Dolores Rains, Thoroughbred Tr., Special Assessment,
OR Book 2257, Page 1290
John & Karen Cornelius, Thoroughbred Tr., Special Assessment,
OR Book 2257, Page 1287
Statutory Warranty Deed
Victor H. & Eva E. Majewski, Hook Street, Road Project,
OR Book 2257, Page 1297
Temporary Non-Exclusive Construction
Victor H. & Eva E. Majewski, Hook Street, Road Project,
OR Book 2257, Page 1293
Request for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for 13 road assessments.
Assess.# / Name / Date Paid
682006 / Chris & Tara MacDuff / 03/26/02
685034 / Donald & Carolyn Clawson / 10/11/02
686017 / Richard & Eva Wells / 11/04/02
687003 / Geraldine Carpenter / 11/12/02
688021 / Kenneth & Vivian Bridegroom / 01/29/03
689008 / Samuel & Margaret Hawthorne / 01/08/03
689040 / Eugene & Virginia Wheeler / 02/04/03
691085 / David & Sandra Hauser / 10/22/02
692005 / Clyde & Lorraine Slocomb / 01/02/03
692010 / Jeffrey & Shannan Buttner / 11/26/02
692011 / Shirley Orem (Life Estate) / 01/23/03
694096 / William & Lyn Bauer / 12/05/02
694114 / Marlion & Vicky Thornsburry / 01/10/03
Request for approval and authorization to release a Letter of Credit for Construction of Improvements in the amount of $452,426.37 that was posted for Mission Park, Phase 1.
Request for approval and authorization to advertise for bids for the CR-44/Grand Island Shores Road (County Road Number 6249) Intersection Improvement Project No. 2003-09 at an estimated cost of $200,000.00 that is to be funded by the Florida Department of Transportation through a Local Agency Program Agreement.
Request for approval and authorization to release two Performance Bonds in the amounts of $105,000.00 and $38,300.00; accept a Maintenance Bond in the amount of $133,200.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Cal-Four Properties, Inc.; and execute Resolution No. 2003-25 accepting Arran Court (Country Road Number 2-0260E), Barra Court (County Road Number 2-0260D), Caithness Way (County Road Number 2-0262), Citrus Parkway (County Road Number 2-0261), Culloden Court (County Road Number 2-0262A), Tiree Drive (County Road Number 2-0261A) into the County Road maintenance system all relating to the Citrus Highlands, Phase 1. Phase 1 consists of 103 lots, Commission District 2.
Request for approval to submit a Stormwater Grant Application to the Lake County Water authority for a “Stormwater Park” that will provide stormwater conveyance, water quality treatment, flood attenuation and passive recreation opportunities.
ADDENDUM NO. 1 - COUNTY MANAGER’S CONSENT AGENDA
Budget and Administrative Services - Budget
Request for approval of Budget transfer - General Fund, Public Works, Special Services, Fairgrounds Operations, in the amount of $3,000.00 for rental of bleachers for the Tractor Pull event at the Lake County Fairgrounds in March. Transfer $3,000.00 from Reserve for Operations to Rentals & Leases.
The Vice Chairman presented the following Employee Awards:
Awards to Employees with Five Years of Service
Mr. Demetri T. Mouyos, Equipment Operator IV, Solid Waste/WMFO/ Transportation/ Hauling (not present)
Mr. James “Mike” Cowan, Survey Technician I, Public Works/Engineering/ Survey/Design
Awards to Employees with Ten Years of Service
Ms. Beryl “Bonnie” Atchley, Telecommunications Coordinator, Public Safety/ Communication Systems/Telecommunications
Ms. Julia Wilson, Senior Budget Analyst & Assessment Manager, Budget & Administrative Services/Budget
Awards to Employees with Fifteen Years of Service
Ms. Laura J. Nichols, Systems Database Manager, Public Safety/Communication Systems/E-911
Mr. Craig L. Scott, Entomologist/Supervisor, Public Works/Special Services/Mosquito & Aquatic Plant Management
Mr. Stanley H. “Stan” Springfield, Survey/CAD Technician, Public Works/Engineering/ Survey/Design
Award to Employee with Twenty-Five Years of Service
Mr. Gary L. Spires, Assistant Area Maintenance Supervisor, Public Works/Road Operations/Maintenance Area I
PLAQUES AND CERTIFICATES
The Vice Chairman presented plaques and certificates to the following in appreciation of their service to Lake County as past committee members:
Ms. Barbara Mittermaier - Cultural Affairs Council
Mr. Bill DuVall - Planning and Zoning Commission
Mr. John Sargent - Tourist Development Council (not present)
Ms. Kristin Kalwara - Bicycle/Pedestrian Advisory Committee (not present)
Mr. Jayson Stringfellow - Bicycle/Pedestrian Advisory Committee
Mr. Bob Tracy - Palatlakaha Environmental and Agricultural Reserve (PEAR) Advisory Committee (not present)
Mr. Greg Homan - Planning and Zoning Commission
Mr. Larry King - Planning and Zoning Commission
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, Northeast Lake County Chamber of Commerce, Inc., presented a report, which is included in the backup material, to the Board regarding flooding and related health problems and solutions in the Lake Mack area. He stated that the figures in the report were provided by Lake County staff, the St. Johns River Water Management District and the Lake County Water Authority (LCWA). He stated that $3,812,562 remains in the sales tax revenue fund, although $1 million is held in reserve for line of credit payments, thereby leaving $2,812,562 in available funds. He requested that $500,000 be placed in a reserve which would remain in the Board’s control for future budgeting for stormwater projects in Lake Mack. He commented that Mr. David Hansen, Public Works Engineer, will have prints and aerial photographs and topographical maps available this week. He stated that land acquisition, retention ponds and lift stations could be part of a solution. He emphasized that by spending money now, money will be saved later and he pointed out that on October 15, 2002, the updated costs incurred due to the Lake Mack flooding event were $132,505.19. He remarked that the County has a responsibility for having issued permits over the years to build homes in a lake. He reported that Dean’s Restaurant on County Road 42 was forced to close because of flooding. He remarked that if someone applies for a permit and a County official is aware the area is swampy or marshy, the County should warn the property owner. He stated that LCWA has allocated $650,000 for stormwater grant awards and the deadline for submitting a grant application is April 11, 2003. He requested that the Board submit the grant application and partner with LCWA. He referenced page 19 of the October 16, 2002, minutes of the LCWA and a February 4, 2003, letter from Ms. Ann Griffin, a LCWA Board member, which are included in the backup material. He emphasized that residents in Tax District 6, which includes the Lake Mack area, paid more than $30 million in taxes in the last three years, and they deserve a just return, both morally and legally. He mentioned reports prepared by Ms. Sarah LaMarche, Budget and Administrative Services Director, which are included in the backup material, regarding ad valorem taxes and the 5-year expenditure budget history. He requested that the Board vote to put this item on today’s agenda.
Mr. Jim Stivender, Public Works Director, stated that his department needs to study the topographical map and aerial contours. He commented that there is only a five-foot elevation differential on the 160 acres in the Lake Mack area. He stated that his department will concentrate efforts on identifying ownership and acquiring some lots and, thereby, allow the water stay where it is.
Mr. Bill Neron, County Manager, stated that every dollar of the remainder of the old local option sales tax is currently being allocated toward proposed projects, per meetings with the Board on the Capital Improvement Program. He pointed out that it is the prerogative of the Board to allocate some of that money for this purpose, but another project would have to be deleted from the list.
Mr. Stivender stated that staff also must study certain rain events, i.e., how does a winter rain of two inches affect the area versus the affect of a six- or eight-inch summer afternoon rain.
Commr. Hanson stated that the Board recognizes the need in this area, but facts and figures must be available before moving forward. She pointed out that approval was given on today’s agenda, Tab 20, for a grant application for a another area outside of Eustis that is similarly flooded. She suggested that the Board should receive more information from staff before placing the Lake Mack item on the agenda.
Mr. Stivender stated that the grant application on Tab 20 was a result of flooding two years ago from Tropical Storm Gabrielle, and staff had to extensively research the problem to come to a solution. He stated that staff is studying last year’s events on the west side of Leesburg, as well as the Lake Mack area. He explained that in the past when the water dried up there was no resulting problem.
Commr. Hanson clarified that some retrofitting occurred after last year’s flooding. She expressed that it is important to look at the total problem to arrive at solutions.
Mr. Stivender remarked that work has been done three times in the last ten years in one particular Lake Mack area, and reiterated that a decision to drain the area, or acquire those homes and let the water remain, is being studied.
Mr. Hunter stated that if the County will put the money in reserves now, there is a chance to double their investment with matching funds from the LCWA, and he urged the Board to apply for the LCWA grant.
Commr. Hanson pointed out that, if those dollars are put in reserve, dollars would be taken away from other projects that are ready right now. She declared that the Board will be moving forward with the stormwater management dollars, which continue to come in, or with the general fund dollars.
Mr. Stivender stated that a workshop on updating the Board on stormwater issues is on the Board’s agenda for March 11, 2003, and will include discussion on available stormwater funds, successes and current projects.
Commr. Pool stated that stormwater fund dollars will continue to grow and money from that fund might be set aside to partner with the LCWA.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
Public Works - Facility Dedication Plaques
Mr. Jim Stivender, Public Works Director, stated that numerous requests for plaques to dedicate new or extensively renovated County facilities have been made in recent years. Staff evaluated existing plaques throughout the County and is proposing that a new policy be instituted that would standardize inscriptions and size of plaques.
Commr. Hill stated that plaques on County facilities are a good idea, especially for historical reasons. She requested that action on this issue be postponed until the full Board can be present and participate in discussion and a decision.
Mr. Bill Neron, County Manager, stated that he feels a policy that will give direction to staff is necessary and he will reschedule this item on the Board’s March 11, 2003, agenda.
Public Works - Audio and Visual Systems - Lake County Administration Building
Mr. Jim Stivender, Public Works Director, stated that, at the January 21, 2003, Board meeting, the Board approved the upgrade of audio and visual systems in the Lake County Administration Building. He stated that the dais monitors in the Board meeting room are more than ten years old, some of the monitors have failed, an overhead monitor for audience viewing is inoperable and replacement parts are no longer available. He stated that 60" replacement overhead audience projectors and atrium projectors will offer higher resolution and digital technology. He commented that the existing equipment creates problems when displaying various information. New dais monitors will have flat screens and plexiglass covers and will allow more working space and prevent items being dropped into the existing open spaces. Other groups, including the Planning and Zoning Commission and the Lake County School Board, use the meeting room. He explained that today’s request does not include the final phase which will replace existing cameras.
Commr. Hill stated that boards of up to eleven members use the meeting room and verified that eleven monitors will be necessary. She added that this item has been discussed many times and the purchase of the equipment has been delayed for a long time.
Mr. Bill Neron, County Manager, stressed that replacement parts are no longer available for the current equipment because of the age.
Mr. Stivender pointed out that this equipment will enhance the capabilities of the cameras, which are ten years old also.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Phase I of the purchase of equipment to upgrade the audio and visual systems in the Lake County Administration Building and transfer $63,562 in funds for said purpose from General Fund Reserves.
APPOINTMENTS - HISTORICAL MUSEUM ADVISORY COMMITTEE
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the appointment of Mr. Clayton Bishop, as Historical Society Member, and the reappointment of Ms. Jacquelyn Hester, as Historical Society Alternate Member, to the Lake County Historical Museum Advisory Committee.
APPOINTMENT - PARKS & RECREATION ADVISORY BOARD
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the appointment of Mr. Dennis Reid as the School Board Member on the Lake County Parks & Recreation Advisory Board.
APPOINTMENT - PLANNING AND ZONING COMMISSION
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the appointment of Mr. Scott Strong as the School Board Member on the Lake County Planning and Zoning Commission.
REPORTS - COUNTY ATTORNEY
RELEASE OF LIEN AS TO CERTAIN PROPERTY
Mr. Sandy Minkoff, County Attorney, stated that the City of Center Hill, in Sumter County, has requested a partial release of a Final Judgment Assessing Attorney’s Fees in a criminal case against Gloria Ann Hudson. Mr. Minkoff recommended approval.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Release of Lien as to Certain Property owned by Gloria Ann Hudson.
REPORTS - COUNTY MANAGER
COUNTY EMPLOYEE HEALTH INSURANCE CONTRACT
Mr. Bill Neron, County Manager, informed the Board that the County’s employee health insurance contract will expire at the end of this fiscal year and bids for proposals for renewal will be required. He stated that there are a number of options that should be brought before the Board before proposals and/or bids are sought. He requested that a workshop be scheduled on the Board’s meeting agenda on April 8, 2003.
REPORTS - COMMISSIONER HILL - DISTRICT #1
LAKE-SUMTER COMMUNITY COLLEGE FOUNDATION, INC.
Commr. Hill announced that the Lake-Sumter Community College Foundation, Inc., is “Puttin’ on the Glitz” for its 18th Annual Gala Auction fundraiser on Saturday, March 8, 2003, at the Savannah Center in The Villages. A silent auction begins at 6:00 p.m., followed by dinner.
REPORTS - COMMISSIONER POOL - DISTRICT #2
PIG ON THE POND
Commr. Pool thanked Sheriff George Knupp and County Manager Bill Neron for their help and participation during Clermont’s “Pig on the Pond,” the South Lake County Community Foundation event, which was held February 28 - March 1, 2003.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
PROCLAMATION - NATIONAL SOCIAL WORKERS MONTH
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Proclamation 2003-26 proclaiming March 1 through 31, 2003, as National Social Workers Month in Lake County.
Commr. Hanson inquired when the report on overtime work by County employees will be ready.
Mr. Bill Neron, County Manager, stated that the report is in the draft stage and recommendations will be brought to the Board’s meeting on March 11 or March 18, 2003.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
BLEACHERS - LAKE COUNTY FAIRGROUNDS
Commr. Stivender explained that the purchase of bleachers for the Lake County Fairgrounds and the transfer of funds in the amount of $83,000 from General Fund Reserves have been discussed by the Board several times. The Board previously agreed to the purchase and directed staff to identify the appropriate type of bleachers to be purchased. Commr. Stivender stated that the purchase of portable bleachers will allow the bleachers to be utilized all over the County at various events.
Commr. Hanson inquired as to the current dollar amount in the General Fund Reserves and whether it is more economical to buy bleachers rather than rent them.
Ms. Sarah LaMarche, Budget and Administrative Services Director, stated that one quote has been received, but the item hasn’t gone out for bid yet. Once the bid is awarded, it will take four to six weeks to purchase and install the bleachers at the Lake County Fairgrounds. In the meantime, rental bleachers are being considered for the 2003 Lake County Fair.
Mr. Bill Neron stated that staff is looking at the quantity needed, replacement, and renovation. He requested the Board’s approval today so that money will be in place once a decision is made, and stated that any money not spent will be returned to the General Funds. He opined that the fairgrounds are underutilized, in part, due to the condition of the facility, including the lack of bleachers. He stated that the County should promote the facility through efforts by the Tourism & Economic Development Director. He pointed out that, if the fairgrounds are moved to a more modern facility at some later date, portable bleachers will be able to be moved.
On an inquiry from Commr. Hanson, Mr. Jim Stivender, Public Works Director, stated that staff is currently working on the upcoming fair and a workshop on the fairground issue is not scheduled at this time.
Commr. Stivender inquired as to how much revenue is generated by events at the fairgrounds and if the monies go back into the General Fund.
Ms. LaMarche explained that monies generated by fairground activities go back into the Fairground Committee funds.
Mr. Neron remarked that the fairgrounds should be treated as an enterprise operation.
Mr. Stivender stated that he will provide a twelve-month revenue report to the County Manager. He added that most of the revenue is generated by the weekly farmer’s market.
Commr. Hanson suggested that renting bleachers for a couple of years might be preferable to a purchase at this time.
Mr. Neron concurred that if the rental for the upcoming fair is sufficient, a decision to purchase bleachers may be postponed.
Ms. LaMarche stated that the General Fund Reserves balance, after deducting the requested $83,000 for bleachers and after deducting today’s approval of $63,562 for audio and visual upgrades, would be $436,688.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the purchase of bleachers for the Lake County Fairgrounds and transfer of funds for said purpose from General Fund Reserves in the amount of $83,000, with the understanding that staff will continue to research the long term feasibility of purchase versus rental and other options.
PUBLIC SUPPORT FOR BOARD OF COUNTY COMMISSIONERS
Commr. Stivender stated that, after attending several events over the weekend, she has gotten the feeling from public comments that the Board is doing a good job and is on the right track.
OTHER BUSINESS (CONTINUED)
APPOINTMENT - HISTORICAL MUSEUM ADVISORY COMMITTEE
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the appointment of Ms. Virginia K. Barker, as a Member of the Public at Large, to the Lake County Historical Museum Advisory Committee.
RECESS & REASSEMBLY
At 9:55 a.m., Commr. Stivender announced that the Board will recess until 5:05 p.m., at which time the second public hearing on proposed modifications to Lake County’s parking ordinance will be held.
ORDINANCE - PARKING
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance, relating to parking, on the floor for its final reading, by title only:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 3.06.00 OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED REGULATIONS FOR THE PARKING, STORING, OR KEEPING OF BOATS, BUSES, TRAILERS, TRUCKS AND COMMERCIAL VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff noted that, if adopted, the Ordinance number will be 2003-26.
Mr. Tommy Leathers, Code Enforcement Director, stated that input from citizens, as well as the Planning and Zoning Commission (P&Z), was obtained in formulating the proposed Ordinance and P&Z recommended approval of the proposed Ordinance. He stated that the proposed Ordinance will measure vehicles in residential areas by Gross Vehicle Weight Rating (GVWR), which will be a combination of the weight of the vehicle, passengers, equipment and cargo. The proposed Ordinance recommends GVWR of 12,000 pounds or less be allowed to park in residential neighborhoods. Mr. Leathers presented a visual display of vehicles with GVWR 5,000# through 26,000#, a copy of which is included in the backup material.
Commr. Stivender opened the public hearing portion of the meeting and called for public comment.
Ms. Sandy Rich, a resident of the Minneola area, inquired whether the proposed Ordinance will pertain to recreational vehicles (RVs).
Mr. Leathers stated that recreational vehicles and travel trailers are permitted in residential areas, providing they meet the setback regulations, but Greyhound buses and motor coaches are not permitted. He further explained that, if the Department of Highway Safety & Motor Vehicles (HSMV) regulates the vehicle as an RV or travel trailer, it is permitted.
Ms. Rich presented five dated photographs, which are included in the backup material, of her neighbor’s two one-acre parcels and an RV, that she describes as looking like a mobile home, that can be seen from her kitchen window and from other rooms in her house. She stated that she has a problem with this type of vehicle not being addressed in the proposed Ordinance.
Mr. Minkoff confirmed that, by looking at the photographs, the vehicle clearly is an RV and would have been allowed under the existing code and today’s proposal makes no changes to that.
Ms. Rich stated that the Code Enforcement Department determined that the vehicle is in compliance with the setback regulation. She voiced concern about the Department’s slow response time to complaints, about an employee’s lack of knowledge regarding the Department’s policies, and lack of cooperation by the Department, specifically as relates to her complaint regarding an additional occupied camper on her neighbor’s property.
Mr. Leathers advised that occupying an RV or travel trailer is not permitted, except in an approved RV park. Regarding complaints, if the vehicle is not on the property when a Code Enforcement officer arrives, the complaint becomes unfounded.
Commr. Hanson suggested that Ms. Rich work with the Code Enforcement Department.
Commissioners Hanson and Stivender indicated that the Board will consider the recreational vehicle issue.
Mr. Don Perlow, a resident of the Silver Lake area, inquired whether travel trailers, which are pulled behind a car or truck, will be allowed to park in driveways under the proposed Ordinance.
Mr. Leathers stated that those vehicles will be required to meet the 62 foot setback in the front of a residence, or must be parked on the side or rear of the residence. The proposed ordinance allows such vehicles to be parked in a driveway for a period not to exceed 24 hours for loading or unloading purposes.
Mr. Perlow stated that his neighbor parks equipment vehicles in his driveway up to three or five days at a time, on a weekly basis. He commented that these trailers are affecting property values and the ability to sell a home.
Mr. Minkoff stated that the proposed Ordinance, if enacted, will be in effect in approximately one week. He pointed out that the Code Enforcement Department can accept evidence, such a photographs, and testimony from neighbors to enforce the codes if a Code Enforcement officer does not witness a continuing violation. He remarked that the proposed Ordinance limits the number of times such vehicles can be parked for a 24-hour loading/unloading period to no more than four times in any one calendar month.
Mr. Bernard Burgman, a Tavares resident, stated that he has been told several different setback requirements for corner lots. He has his RV parked in his driveway, about 25 feet from his private road, and he has no way of putting it on the side or back of his house because there is a septic tank on one side and a canal on the other side. He explained that he has called Code Enforcement, the police department and the fire department and no one has said his RV is in violation of the ordinance. He inquired about the variance process.
Mr. Minkoff stated that the proposed Ordinance makes no changes to the setback requirements, but does clarify the side setback. In cases where a large tree or a canal would prohibit access to the side or rear lot, the variance process is a possibility. He explained that, if there is neighborhood opposition, those cases would be heard by a separate board. He stated that the proposed Ordinance will apply to every road, even private, non-maintained roads.
Mr. Leathers offered to provide information to Mr. Burgman regarding how to apply for a variance.
Ms. Dorothy Fillingham, a resident of Silver Lake, stated that she has been attending Planning and Zoning Commission meetings regarding the proposed Ordinance, particularly as relates to recreational vehicles and the setback restrictions of RVs. She stated that if a house faces a street, that street becomes its primary street, but on the corner lots where there is a side street, the restriction is only 25 feet from the right of way. In these cases, a large RV could be parked in the driveway on the side street, even though neighbors on that same side street would be subject to the front 62-foot setback. She remarked that a large RV parked in the driveway on the side street downgrades property values, but taxes are not downgraded. She mentioned that she understoods the P&Z favors one primary setback restriction of 62 feet, but no action has been taken on the issue thusfar. Ms. Fillingham presented photographs which were taken from her front yard, which are included in the backup material, of a neighbor’s 45-foot, 38,000-pound RV. She noted the large compartments on the sides and stated that a small child could be in danger of suffocation if he or she were to crawl inside and accidently close the door. She stated that she would ultimately prefer RVs be banned from residential lots, or at least have one setback, the 62-foot setback. She made specific reference to the existing Ordinance and the proposed Ordinance regarding the HSMV definition of a bus and the wording “any vehicle” in the proposed Ordinance. She stated that she is against the proposed Ordinance and would definitely like one restriction for motor vehicle setbacks, getting vehicles out of front yards.
Commr. Hanson recommended moving forward with the proposed Ordinance but stated that some refinements to the RV issue should be considered with a possible refinement at a later date.
Commr. Hill stated that it appears RVs are exempt from the weight limit and inquired if they should be subject to the weight limit.
Mr. Minkoff stated that possibly RVs have been singled out separately because they are more of an accessory to a single family dwelling, and commercial trucks are not normally accessory uses. He reminded the Board that the proposed Ordinance is not a change from the current code. In cases of corner lots, there is no protection for the neighbors because a shed or even the house could be built on that side street.
Commr. Pool stated that the County cannot create an ordinance that will make everyone in Lake County happy. He stated that the goal is to find the most solutions to most problems on the most issues.
Ms. Fillingham mentioned that resales in her neighborhood have been difficult because of the large RV, which is on a main street in the front of her subdivision.
Commr. Hanson pointed out that three of today’s four members of the public have spoken regarding concerns about RVs.
Mr. Leathers stated that other counties basically handle recreational vehicles in the same way as Lake County.
Commr. Pool commented that he has not had calls regarding RVs and does not feel they are an overwhelming problem. He suggested that Mr. Leathers do some research on these kinds of situations.
Ms. Fillingham reiterated that she supports having just one setback restriction.
Commr. Hill inquired whether there are any restrictions on any vehicles owned by government, such as utility trucks, as noted on Page 3, “F” and “G” of the proposed Ordinance.
Mr. Minkoff stated that vehicles mentioned in “F” are for use during construction, and “G” has no restriction. He mentioned that parking governmental utility trucks in residential areas has not been an issue, while tow trucks have been an issue and are not allowed in the proposed Ordinance.
Mr. Burgman stated that at a P&Z meeting he had given staff a copy of the Good Sam Parking Rights Manual which tells what other counties do across the country.
Commr. Hill thanked Ms. Fillingham for her diligent work with P&Z and Code Enforcement staff on the proposed Ordinance.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2003-26, an ordinance relating to Parking, as read on its final reading, by title only.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:55 p.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK