A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 15, 2003

            The Lake County Board of County Commissioners met in regular session on Tuesday, April 15, 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: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Robert A. Pool; Jennifer Hill; and Catherine C. Hanson. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

            INVOCATION AND PLEDGE

            Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

            AGENDA UPDATE

            The Chairman noted that there was an Addendum No. 1 to the Agenda, containing several items under the County Manager’s Consent Agenda, as well as an item under Reports.

            Mr. Bill Neron, County Manager, informed the Board that the GSG Report of the Fire Assessment Study was being pulled from the Agenda and that, under Reports, he would be giving them a report regarding a potential meeting date for a joint meeting with the City of Leesburg, regarding the issue of Joint Planning Areas.

            Mr. Sandy Minkoff, County Attorney, informed the Board that he was pulling Tab 26, a Public Hearing regarding the Ordinance Repealing Appendix A-11 of the Lake County Code, noting that it will be rescheduled for a later date.

            Commr. Cadwell informed the Board that he needed to add to the Agenda a discussion regarding the protection of the Wekiva area, in that he received a letter from Representative Fred Brummer’s Office regarding the matter and needed to respond to it; that the Board needed to discuss the Rezoning Agenda for the meeting of April 22, 2003, and how they want to handle the cases that are scheduled to be heard that date; and that he and Ms. Wendy Breeden, Library Services Director, attended a workshop with the Osceola Board of County Commissioners, regarding the library in the Four Corners area, and that he would like for the Board to take some action on it today.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place said items on the Agenda.

            MINUTES

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of February 25, 2003 (Regular Meeting), as presented.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 18, 2003 (Regular Meeting), as presented.

            CLERK OF COURTS’ CONSENT AGENDA

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:

            Bonds - Contractor

            Request for approval of Contractor Bonds - New and Surety Rider, as follows:

            New

 

            6010-03          Victor A. Scine (Electrician)

            6067-03          Kevco Builders, Inc.

            6068-03          Live Wire Electrical Contracting, Inc.

            6069-03          James L. Cousino d/b/a All Around Aluminum

            6070-03          Kevin Leutzinger d/b/a Erickson Custom Pools & Spas, Inc.

            6071-03          Michael A. Green d/b/a Nature’s Image of Central Florida, Inc.

            6072-04          Thomas F. Squitieri d/b/a Independent Stucco

            6073-03          Wayne McCormick, Inc.

            6074-03          Luis A. Torres d/b/a Torres Sprinkler Systems

 

            Surety Rider

 

            6036-03          Michael T. Gaw d/b/a Gaw Landscaping & Irrigation, Inc.

(Change from Gaw Landscaping & Irrigation, Inc. to Gaw Landscaping & Irrigation, LLC)

 

            Satisfaction of Judgments

 

            Request for approval of Satisfaction of Judgments, as follows, and authorized proper signatures on same:

 

            State of Florida vs. Paul Rozina, in the amount of $250.00, Case No. 1995CF001733(03) - Final Judgment entered on the 5th day of February, 1996, and recorded in OR Book 1423, Page 469, of the Public Records of Lake County, Florida.

 

            State of Florida vs. Wilbur Eugene Spiker, in the amount of $750.00, Case No. 9902538CFA01 - Done and ordered at Tavares, Lake County, Florida, the 16th day of February, 2000.

 

            State of Florida vs. Ronald Atwell, in the amount of $250.00, Case No. 94-897CF/94CF987 - Final judgment entered on the 21st day of October, 1996, and recorded in OR Book 1474, Page 2202, of the Public Records of Lake County, Florida.

 

            State of Florida vs. Ronald Atwell, in the amount of $750.00, Case No. 97-58CFA/97CF58 - Final judgment entered on the 14th day of March, 1997, and recorded in OR Book 1507, Page 2109, of the Public Records of Lake County, Florida.

 

 


            State of Florida vs Ronald Atwell, in the amount of $245.00, Case No. 94-1260MM (new Case No. Format 94CO1260) - Final judgment entered on the 29th day of September, 1994, and recorded in OR Book 1320, Page 2495, of the Public Records of Lake County, Florida. 

            List of Warrants

 

            Request to acknowledge receipt of 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.

 

            Lake County Water Authority Annual Financial Audit for 2001/2002 and Annual

            Financial Report

 

            LRequest to acknowledge receipt of the Lake County Water Authority Annual Financial Audit for 2001/2002 and Annual Financial Report, which was presented to the Lake County Water Authority Board of Trustees on February 26, 2003.

 

            Unclaimed Excess Proceeds for Tax Deeds

 

            Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $16,389.88.

 

            Ordinance from City of Fruitland Park

 

            Request to acknowledge receipt of Ordinance No. 2003-001, from the City of Fruitland Park, amending the boundaries of the City of Fruitland Park, as described in title - James P. and Barbara H. Logan, Owners - approximately 65 acres generally located off of Gray’s Airport Road, as described. Passed and ordained the 13th day of March, 2003, by the City Commission of the City of Fruitland Park, Florida.

 

            Notice Before the Florida Public Service Commission

 

            Request to acknowledge receipt of Notice Before the Florida Public Service Commission, in reference to Application for Approval of Reuse Plan in Lake County, by Sun Communities Finance, LLC, d/b/a Water Oak Utility. Docket No. 010087-WS, Order No. PSC-03-0416-PAA-WS, Issued: March 26, 2003. Notice of Proposed Agency Action Order Discontinuing Requirement to Escrow Wastewater Revenues and Releasing Portion of Escrowed Wastewater Revenues.

 

            The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this Order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Director, Division of the Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on April 16, 2003. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this Order is considered abandoned, unless it specifies the foregoing conditions and is renewed within the specified protest period.

 

            Notice of Future Land Use Map Change

 

            Request to acknowledge receipt of Notice of Future Land Use Map Change - A Public Hearing shall be held by the Planning and Zoning Board on April 3, 2003, at 3:00 p.m.; by the City Council, on April 16, 2003, at 5:30 p.m.; and the Local Planning Agency and City Council on May 7, 2003, at 5:30 p.m. The City of Tavares proposes to adopt Ordinance No. 2003-26, amending the Tavares Comprehensive Plan Future Land Use Map 2010; providing for a Small Scale Future Land Use Map Amendment, for approximately 3.82 acres of property located at the southwest corner of SR 19 and CR 448, generally known as Fisherman’s Cove.

 

            Notice of Public Hearing on Proposed Ordinance No. 2003-25 from the City of Tavares

 

            Request to acknowledge receipt of Notice of Public Hearing on proposed Ordinance No. 2003-25, amending the boundaries of the City of Tavares, by annexing approximately 3.94 acres


located on the west side of state road south of CR 448, which will be considered at the following public meetings:

 

            1.         Planning and Zoning Board Meeting on April 3, 2003, at 3:00 p.m.

            2.         Tavares City Council Meeting on April 16, 2003, at 5:30 p.m.

            3.         Tavares City Council Meeting on May 7, 2003, at 5:30 p.m.

 

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Hanson questioned whether staff had checked on the parcel of property dealing with Tab 11, a lot located at 2010 Pine Avenue, in Mount Dora, which is being requested to be declared surplus, to see if it would be appropriate as a donation to Affordable Housing.

            Mr. Greg Mihalic, Director of Economic Development and Tourism, addressed the Board stating that staff checked into the matter and found that the lot would not be appropriate as a donation to Affordable Housing, because it is a single lot and it is not in a location where they can utilize it.

            Commr. Hanson then questioned the fact that lots in the Christopher C. Ford Commerce Park are being sold for $35,000.00 per acre, as indicated in Tab 12, a request for approval of a Two Year Option Sales Agreement between Lake County and C and C Pumping Services, Inc., for the purchase of Parcel C, of Lot 26, Phase II, in the commerce park, noting that she felt it was a very good price for an industrial lot, with utilities.

            Mr. Mihalic interjected that $35,000.00 per acre is the normal asking price for a parcel within the park, to which Commr. Hanson responded that she felt it was too low and that, perhaps, staff should look at the price of future lots within the park. She stated that industrial acreage is running approximately $60,000.00 per acre for smaller parcels in and around Tavares and other parts of the County.

            Commr. Pool stated that he felt the County could get more money per acre in the park and that it should ask for more.

            Mr. Neron interjected that the matter would be referred back to the Industrial Development Authority, for discussion.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:

            Budget and Administrative Services - Budget

            Request from Budget and Administrative Services - Budget for approval of the following:

            Budget transfer - County Transportation Trust Fund, Department of Public Works, Engineering Division, in the amount of $12,000.00. Transfer $12,000.00 from Reserve for Operations to Overtime. Additional funds are needed for Overtime. Several road construction projects are requiring the road construction inspectors to work nights and weekends, increasing overtime. The majority of these overtime funds will be recovered through chargebacks to the funding source of the project - i.e. Road Impact Fees or Sales Tax. These chargebacks are budgeted in the revenue section of the gas tax budget and are posted at the end of the fiscal year. Funds are available in Reserve for Operations.

 

            Budget transfer - County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $100,000.00. Transfer $100,000.00 from Reserve for Operations to Overtime. Additional funds are needed for Overtime. On-call pay requires a minimum of $40,000.00 per year. This amount does not include overtime hours, if personnel are called out. Department Director has stopped overtime for routine maintenance for April and May. The only overtime authorized during this period, without Department Director approval, will be for emergencies and on-call pay. Funds are available in Reserve for Operations.

                                     

            Budget transfer - Landfill Enterprise Fund, Department of Solid Waste Management, Landfill/Leachate Division, in the amount of $423,000.00. Transfer $423,000.00 from Reserve for Operations to Astatula Outside Disposal. Additional funds are needed for offsite disposal of leachate, tires, and Class III wastes, due to higher than anticipated rainfall, increase in disposal fees, increase in fuel costs, and increase in amount of Class III material received this fiscal year. Funds are available in Reserve for Operations.

                                     

            Budget transfer - Section 8 (County) Fund, Department of Community Services, Housing and Community Services Division, in the amount of $21,092.00. Transfer $21,092.00 from Special Reserve to Office Supplies. On August 13, 2002, the Board of County Commissioners approved the merger of the City of Leesburg Section 8 Program, including a budget transfer to purchase two workstations. However, this purchase was not made in Fiscal Year 2001/2002. The workstations, plus two additional workstations, are needed to provide privacy and confidentiality for customers, as well as to help protect HIPAA information. Funds are available in Special Reserve.

 

            Budget and Administrative Services - Procurement Services

 

            Request from Budget and Administrative Services - Procurement Services for approval of the following:

 

            Authorization to waive the formal sealed bid process and award a non-competitive, single source contract to Stonhard, Marietta, Georgia, in the amount of $64,601.00, for the jail floor corridor resurfacing project.

 

            Authorization to award RFP No. 03-044 to a real estate broker for real property; authorize a contract, subject to the County Attorney’s approval, to provide real estate services for Lake County to Century 21, John C. Thomas Realty, Inc.

                                     

            Execution of the contract amendment to Jones Edmunds & Associates, Inc., in the amount of $17,934.00, to increase the scope of services for the Hydrogeological Services and Construction of Groundwater Monitoring Wells Contract, to include the Florida Department of Environmental Protection (FDEP) mandated five feet of sample, per five feet of hole drilled. 

            Budget and Administrative Services - Risk Management

 

            Request from Budget and Administrative Services - Risk Management for approval of Workers’ Compensation settlement for Jerry Frank, in the amount of $6,000.00; and authorization for the Chairman to execute the appropriate document(s), subject to the County Attorney’s review and approval.

 

            Community Services

 

            Request from Community Services for approval of the following:

 

            Budget amendment and minor amendment to the Federal Fiscal Year (FFY) 2002 One Year Action Plan that will reprogram $10,000.00 from the City of Tavares’ FY 2002/03 Community Development Block Grant (CDBG) allocation and $2,000.00 from the CDBG Cost Overrun Contingency Account to the Montverde Town Hall project; and approval of accompanying budget transfer.

 

            Resolution No. 2003-54, recognizing the accomplishments of Lake County Volunteers and declaring the month of May, 2003, as Volunteer Appreciation Month in Lake County, to be presented at the Tenth Annual Volunteer Reception, to be held on May 7, 2003, from 5:30 p.m. to 8:30 p.m., at Tavares High School.

 

            Economic Development/Tourism

 

            Request from Economic Development/Tourism for approval of the following:

 

            Resolution No. 2003-55, releasing all rights and/or claims to any minerals which may be on Lots 1 and 2 of the Christopher C. Ford Commerce Park Replat No. 1.

                        

            Approval to declare surplus a lot located at 2010 Pine Avenue in Mount Dora, advertise for sale “as is”, sell to highest and best bidder, and execute all related documents on Parcel No. 28-19-27-000200001500, Alternate Key 1446520.

                                     

            Execution of a Two Year Option Sales Agreement between Lake County and C and C Pumping Services, Inc., for the purchase of Parcel C, of Lot 26, Phase II, in the Christopher C. Ford Commerce Park, consisting of 1.452 acres, at a cost of $35,000.00 per acre, or approximately $50,820.00.

                                     

            Approval to declare a 2.48 acre parcel of county property as surplus, advertise for sale “as is”, sell to highest and best bidder, and execute all related documents on Parcel No. 06-23-26-000300000801, Alternate Key 1593417, which is located off of Lake Louisa Road, in the Clermont area.

                                     

            Interlocal Agreement between Lake County and the City of Leesburg, relating to the contribution of Tourist Development tax funds for the Sleepy Hollow Recreation Project design, in the amount of $50,000.00; and approval of a budget transfer of $50,000.00 for the Resort Tax Special Reserve.

 

            Growth Management

 

            Request from Growth Management for approval of the following:

            

            Execution of Satisfaction and Release of Fines for Eugene Didion; Alex King, Jr.; Lillie Mae King; and James S. and Emma M. Wiggins.

                        

            Interlocal Agreement with the Town of Astatula, dealing with provisions of Permitting, Building/Fire Inspection, Plan Review Services, and Contractor Licensing and Regulation.

 

            Interlocal Agreement with the Town of Montverde, dealing with provisions of Permitting, Building/Fire Inspection, Plan Review Services, and Contractor Licensing and Regulation.

 

            Special Masters Settlement Agreement for Winston G. Shelly (SM-1-03).

 

            Public Safety

 

            Request from Public Safety for approval of Resolution No. 2003-56, setting the annual wireline E911 fee at fifty cents ($.50), pursuant to the requirements of Florida Statute 365.171. 

            Public Works

 

            Request from Public Works for approval of the following:

                        

            Authorization to accept the final plat for Sleepy Hollow Country Estates. Subdivision consists of 6 lots - Commission District 3.

                        

            Lease Agreement (15-year lease with two additional five-year term options, total of 25 years) with Comcast Communications; and authorization for Chairman to execute Agreement. The County will dismantle the 600-foot tower and remove debris from both the 600-foot and 300-foot towers; Comcast will be responsible for the dismantling of the 300-foot tower.

                        

            Resolution No. 2003-57, advertising Vacation Petition No. 998, by Ladd Development, to vacate right-of-ways located in Section 12, Township 23, Range 25, in the Clermont Farms Plat, Clermont area - Commission District 2.

                        

            Resolution No. 2003-58, advertising Vacation Petition No. 999, by Steven J. Richey, P.A./Michael Linzey, to vacate an easement located in Section 27 East, in the Eustis area - Commission District 5.

 

 


            PUBLIC HEARING

            MID-YEAR BUDGET AMENDMENT

            Ms. Sarah LaMarche, Senior Director, Budget and Administrative Services, addressed the Board stating that the primary purpose of a mid-year adjustment is to adjust the Beginning Fund Balance for the current budget to the actual audited Ending Balance from the previous year. She stated that the audit has been completed and will be presented to the Board at a future date. She stated that the County ended up last year on a very good note, which means that it can add to its Reserves, bringing up the undesignated Reserves to approximately 11% in the General Fund, which is a positive thing. She stated that the County also ended the year in the General Fund approximately where it started the prior year, so last year the County did not have to dip into its Reserves. She stated that the County’s goal for the Reserves is somewhere between 10% to 15%, so it is right on target at 11%. She stated that there were no major adjustments, other than truing up some grant money that the County received.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Mid-Year Budget Amendment, as presented.

            Commr. Hanson stated that, even though the report that was given by Ms. LaMarche was a very good one, she is aware of the fact that the County is keeping a very tight handle on the budget, because the Board still does not have any indication of exactly where the County is going to be, with regard to next year’s budget.

            Mr. Bill Neron, County Manager, informed the Board that he was very pleased with the Mid-Year Budget Adjustments, to be able to add back into Reserves almost 3%, however, noted that, until the County knows what is going to happen in the Legislature, they have to be cautious. He stated that they anticipate some severe impacts to county government next fiscal year, so they are continuing with their frugal ways and watching every dollar that is being spent, in order to make sure that it is a necessary expenditure.

 


            PUBLIC HEARING

            ORDINANCE REPEALING APPENDIX A-11 OF THE LAKE COUNTY CODE

            The Chairman announced that the Ordinance Repealing Appendix A-11 of the Lake County Code was being pulled from the Agenda, at which time he opened the public hearing.

            No one was present in opposition to the Ordinance being pulled from the Agenda.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            Mr. Sandy Minkoff, County Attorney, informed the Board that staff was going to rework the Ordinance and readvertise it, to be brought back to the Board at a later date; therefore, no motion was necessary.

            PRESENTATION

            UPDATE ON NOISE ORDINANCE COMMUNITY MEETINGS

            Mr. Sandy Minkoff, County Attorney, updated the Board on some community meetings that were held throughout the County (total of 10 - two in each district), for the purpose of obtaining input from the citizens regarding the current Noise Ordinance, during which time two pieces of evidence were given to staff from individuals who were complaining, or asking that the Ordinance have stricter regulations, one being a video of approximately 8 to 10 model airplanes being flown near a residential area and the other a recording of some machinery grinding granite or marble at a nearby industrial park, which were shown and played for the Board’s benefit, at which time it was noted that the noise coming from the industrial park went on all day and even on weekends, which was very upsetting to the surrounding residents. He stated that, on the second page of his report (contained in the Board’s backup material), staff listed all the concerns that were raised at the meetings, which varied from noise from ATV/four wheelers and refrigerated semi-trucks to barking dogs and gun shots. He stated that most of the people that attended the meetings were satisfied with the Sheriff’s enforcement, however, noted that there were a few instances where that was not the case. He stated that the language in the Ordinance is a little confusing; therefore, staff feels that it should be rewritten, even if the County continues to use the nuisance standard. Secondly, staff feels that, because both Code Enforcement and the Sheriff’s Office enforce the Ordinance, it should be clear in the Ordinance that both of them have the ability to enforce it. He stated that, thirdly, they would like to add a provision in the Ordinance that it will be a violation of the Code, if a noise is created within a city that is transferred into the County.

            Commr. Cadwell questioned whether the County could do that, without an agreement with the cities.

            Mr. Minkoff assured him that the County could, because, since the offense was being heard in the County, it would actually be occurring in the County. He stated that all the cities in the County have some type of noise ordinance, with the exception of Lady Lake, based on staff’s findings, at which time he informed them that he had provided them with a chart showing said ordinances. He stated that staff also suggested that the Board have the Growth Management Department look at the setback and buffering requirements, noting that, when plans are being developed, the County might be able to take noise more into consideration, to avoid future problems. He stated that there are some issues that appear to be starting, as the County continues to grow, that through better planning could be avoided, particularly with regard to commercial and industrial uses. He noted that staff would like direction on the following:

            1.         Should the current County Code provision be rewritten to clarify the language, to make it clear that the Code Enforcement Division, as well as the Sheriff, have responsibility for enforcement, and to clarify that it is a violation if a noise is created or transmitted into the unincorporated County, which violates the Code?

 

            2.         Should the current Land Development Regulations regarding setback and buffering requirements between industrial and commercial uses and residential uses be reviewed, with a report given to the Board, with suggested changes, if necessary?

 

            3.         Should Public Works consider noise when a road is being constructed or expanded near residential uses?

 

            4.         Should the Lake County Code on noise be changed to include provisions other than nuisance provisions?

 

            Commr. Hanson thanked Mr. Minkoff for doing such a good job, in gathering the information. She questioned how the Ordinance might address the concerns about the model airplanes.

            Mr. Minkoff stated that, under the County’s current Ordinance, if that noise is considered a nuisance, the County can cite the property owner for violation of the Ordinance. He stated that he felt the complainers were just as concerned about the issue of safety as that of the noise, because the airplanes are being flown over their property and over their heads.

            Commr. Cadwell informed those present that this was just a presentation and not a public hearing; however, due to the fact that there were some people in the audience who wished to speak, he allowed them to do so.

            Ms. Judy Whaley, a resident of Tropical Shores, in Tavares, addressed the Board and read a statement into the record, regarding a problem that her neighborhood is having with a local restaurant that plays loud music for hours at a time, disrupting their peace and quiet. She noted that a petition, containing 233 signatures of residents in her neighborhood, was presented to the Board at the Board Meeting of December 7, 1999, asking for a change in the County Code to protect citizens in the unincorporated areas from “noise disturbances” that originate from an adjacent city, town, or municipality and that the Sheriff’s Office be empowered to investigate and enforce that Code. She gave a brief history of what has occurred, up to this point in time, with the problem that her neighborhood is having with said restaurant. She stated that, although the restaurant is located within the city limits of the City of Tavares, the Tavares Police Department has not been able to solve the problem, so the residents are asking the Board to do the following:

            1.         Rewrite the County Code to specify that noise created in another jurisdiction, which is transmitted into the unincorporated county, violates the County Code and can be enforced by Code Enforcement and/or the Sheriff.

 

            2.         Adopt a Code which is based on “nuisance type” or “plainly audible” criteria, or a combination of the two.

 

            3.         Adopt a Code which would allow multiple citations in one 24-hour period and which would have high fines.

 

            Ms. Whaley stated that the residents were also asking that the County not use sound meter criteria, because true annoyance levels are difficult to determine using sound meters and there is a multitude of variables, and that they not include a time of day restriction, noting that one, two, six, or seven daylight hours of loud noise can disrupt and disturb just as much as night time noise. She submitted her statement to the Board, for the record, as well as a copy of the petition that was submitted at the Board Meeting of December 7, 1999, alluded to earlier.

            Ms. Joyce Anderson, a resident of Lake Dora Oaks, in Tavares, addressed the Board stating that a situation that is occurring in her neighborhood is not just a nuisance, but a health issue, too. She stated that the noise they deal with disturbs every area of their lives and she feels they have tolerated it very well during the past three years. She stated that they have taken the steps they need to take, to legally take care of the matter, and feels that, if something is not done to help them soon, it is going to escalate into something that is not very nice. She stated that they may have to sell their home. She stated that she contacted a realtor, however, was informed that the realtor does not know whether the noise will come into play or not, in selling their home, so they may have to sell it at a lower price, which will affect every other home in their neighborhood, which is not right. She stated that the noise generated from the grinding of the marble, which they have had to tolerate for the past three years, is 50 feet from their home and it affects their nerves, as well as other things. She stated that they need some help with the problem.

            Commr. Stivender informed Ms. Anderson that she and Mr. Minkoff, County Attorney, visited the industrial park and met with the owner of the shop that she referred to and he is going to try to reduce his noise level, however, reminded her that the shop is in an industrial park and the County has to be careful to protect the rights of the shop owner, as well.

             Mr. Don Harrison, a resident of Tropical Shores, in Tavares, addressed the Board stating that it seemed to him that one of the problems with solving the loud music that is generated from the restaurant alluded to earlier is that there is nothing to back the Sheriff’s Office up, when they come out to investigate complaints, noting that they will call the Tavares Police Department, but nothing is done, because the police may not feel that the music is too loud. He stated that the loud music continued for four hours on a recent Sunday, which was very annoying.

            Ms. Marian Quinn, a resident of Lake Dora Oaks, in Tavares, located adjacent to the Triangle Industrial Park, addressed the Board and thanked Mr. Minkoff for all his hard work, in dealing with this matter. She stated that, in reviewing the Ordinance, she hopes the Board will take into serious consideration the capability of coordinating enforcement, at which time she informed the Board of an incident that occurred recently, where she was told by a Sheriff’s deputy that there was nothing he could do about the noise. She stated that the Tavares Police Department informed her that the noise being generated from the businesses in the industrial park was out of their jurisdiction. She stated that there has to be something that can be done about the problem of noise pollution. She stated that, in many of the cases, it is not just an issue of noise, but a safety issue, as well, such as in the case of the model airplanes. She stated that the industrial park is being used as a dump, which is also a concern to the residents in the area, as well as to some county employees who have an office in the park.

            Mr. Robert Curry, a resident of the Seminole Springs area of the County, addressed the Board stating that, before he retired from the Federal Government, he was in charge of research and development, using low frequency sound for the intelligence and the military communities, which covered not just the sensing of low frequency sound, but also the weaponization. He suggested that the County stay away from decibel standards, for several reasons, being (1) decibel standards only have meaning against background; therefore, there is a double measurement requirement and the County will need to determine what the background noise is, upon which the nuisance sound has been applied. He stated that it has been challenged in court successfully that decibel standards are only relative to what the other sounds in the area are. He stated that, secondly, decibel sounds and their effect are very, very sensitive to the frequency that is being measured, noting that low frequency sounds are much more disturbing than high frequency sounds. He stated that low frequency sounds have been used as torture, to destabilize prisoners. He suggested that the County stay away from the decibel standards and stay with the nuisance standards and that the Board consider appropriate times for sounds to be occurring.

            Mr. Robert Johnson, Deputy City Manager, City of Leesburg, addressed the Board stating that the City of Leesburg is equally concerned with some of the planning aspects of the Noise Ordinance, noting that the separation between industrial and residential uses is something all cities are concerned about. He suggested that, if the Board were to move forward with this matter, there be dialogue with all the cities, so that they can look at their separation between industrial and residential uses, keeping in mind that they are often times annexing property that was zoned and approved by the County, such as the situation with the Home Depot store, in Leesburg. He stated that they feel they may have a problem with the Sleepy Hollow property, which the City purchased for a sports complex 15 years ago, because they are already receiving complaints about it from a resident who lives over a mile away from it.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board directed the County Attorney’s Office to work with the Code Enforcement and Growth Management Departments, to address changing the current county provision, clarifying the language; to work with all the enforcement divisions in the County; and to review the County’s Land Development Regulations regarding setbacks and buffering, with regard to new industrial and commercial uses located next to residential areas, with a recommendation to be brought back to the Board at a later date.

            It was noted that staff will bring the matter back to the Board as a request to advertise, so they can review it, before a public hearing is scheduled.

            RECESS AND REASSEMBLY

            At 10:00 a.m., the Chairman announced that the Board would recess for 10 minutes.

            CITIZEN QUESTION AND COMMENT PERIOD

            Ms. Barbara Hall, a resident of the Sylvan Shores area, addressed the Board regarding a situation in her neighborhood, where a resident of the neighborhood has a lot of junk in his yard, which the other neighbors feel is an eyesore and would like to have cleaned up. She stated that the residents have not been able to have anything done about the situation and it has affected property values and the sale of homes in the neighborhood. She requested the Board’s help in the matter, at which time she was informed that it had been turned over to Code Enforcement, for action.

            Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, was directed to work with the Code Enforcement Department, to see what can be done to take care of the situation.

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            Ms. Kim Dabney, a resident of the Bassville Park area, addressed the Board regarding a situation involving dirt roads (California and Palm Lane) in her neighborhood that are in bad need of paving. She stated that the condition of the roads has prevented emergency vehicles from reaching people who have been in need of help, because they could not travel the roads in their current condition. She stated that she was told, in order to get the roads paved, 100% of the residents that front the roads have to agree to have it done and one resident refuses to do so. She stated that, if the roads cannot be paved, they need to at least be crowned, graded, have ditches dug on either side for drainage, or something. She stated that she would appreciate any help the Board could give the residents, because it is becoming a serious problem.

            Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that the roads in question are not county maintained roads. He stated that the County’s Public Work’s Department could do a one-time maintenance on the roads, but they have not been asked to do so.

            Ms. Dabney was assured that staff would look into the matter.

             COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            LANDFILL GAS MIGRATION AT LOGHOUSE LANDFILL

            Mr. Jim Stivender, Jr., Senior Director, Public Works, and Interim Director of Solid Waste, addressed the Board stating that Jones Edmunds & Associates, who has been under contract with the County, was asked to assess gas conditions at several sites for the Department of Environmental Protection and, when they did some testing at the Loghouse Landfill, they found some excessive measurements along the west property line, as well as along the south side of the landfill. He stated that he was alarmed to find that construction of homes was occurring to the west of the landfill, however, noted that the County is moving forward with the repair and construction of a system that should eliminate gas migration off the site. He stated that he would like to move forward with that, noting that the cost to do so has been reduced to $97,742.00. He stated that the Loghouse Landfill is an old landfill and noted that something like this would not happen if a landfill was being constructed today.

            Mr. Sandy Minkoff, County Attorney, informed the Board that one of the reasons this job was not being bid out was because of the emergency nature of the situation and the fact that Procurement Services feels the County probably could not have it done any cheaper, if they bid it out, thus, their reason for the recommendation.

             On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste Management for approval and authorization to transfer and encumber funds for design, permit, and construction phase engineering services, to control landfill gas migration at Lake County’s Loghouse Landfill, due to the emergency situation involved.

            OTHER BUSINESS

            APPOINTMENTS/REAPPOINTMENTS TO CITIZENS’ COMMISSION FOR

            CHILDREN

 

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed/reappointed individuals to vacant positions on the Citizens’ Commission for Children, as follows:

            District 1

 

Mr. Pernell Mitchell (Reappointment)

 

            District 2

 

            Mr. Patrick Oliver Jones

 

            District 3

 

            Ms. Linda Lewis (Reappointment)

 

            District 4

 

            Mr. Michael Matulia (Reappointment)

 

            District 5

 

            Ms. Kyleen Fischer

 

            At-Large Representatives

 

            Ms. Carol Lenahan (Reappointment)

            Ms. Joan McCall (Reappointment)

 

            REAPPOINTMENTS TO PARKS AND RECREATION ADVISORY BOARD

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board reappointed individuals to vacant positions on the Parks and Recreation Advisory Board, as follows:

            District 1

 

            Mr. Hugh Davis

 

            District 2

 

            Ms. Basha Schlazer

 

            District 3

 

            Ms. Karen Ellis

 

            District 4

 

            Peggy O’Neil

 

            District 5

 

            Mr. Bobby Gibson

 

            APPOINTMENTS TO CULTURAL AFFAIRS COUNCIL

 

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed individuals to vacant positions on the Cultural Affairs Council, as follows:

            Ms. Sandra Stura (Term ends September 30, 2005)

            Ms. Gail Yemington (Term ends September 30, 2003)

 

APPOINTMENTS/REAPPOINTMENTS TO BICYCLE/PEDESTRIAN ADVISORY

            COUNCIL

 

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed/reappointed individuals to vacant positions on the Bicycle/Pedestrian Advisory Committee, as follows:

            Mr. William Davis (Reappointment)

            Ms. Suzanne Reynolds (Reappointment)

            Mr. Craig Willis (Appointment - Term ends March 2, 2004)

            Mr. Egor Emery (Appointment - Term ends March 2, 2006)

 

            REPORTS - COUNTY ATTORNEY

            SETTLEMENT AGREEMENT OF LAKE COUNTY VS. HUTTO

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of the Settlement Agreement of Lake County vs. Hutto - County Court Case No. 2002-CC-27; and approval of Satisfaction and Release of Lien.

            REPORTS - COUNTY MANAGER

            JOINT MEETING BETWEEN BOARD OF COUNTY COMMISSIONERS AND

            LEESBURG CITY COUNCIL

 

            Mr. Bill Neron, County Manager, requested approval to schedule a joint meeting between the Board of County Commissioners and the Leesburg City Council, to be held in the Training Room (Room 233), on May 30, 2003, at 9:00 a.m., for the purpose of discussing a Joint Planning Agreement.

            It was the consensus of the Board to do so.

            REPORTS - COMMISSIONER POOL - DISTRICT 2

            VICTIMS’ RIGHTS PROCLAMATION PRESENTATION

            Commr. Pool informed the Board that he presented the Victims’ Rights Proclamation at an event that was held last week, on behalf of the Board.

            REPORTS - COMMISSIONER POOL - DISTRICT 2

            NEWSPAPER ARTICLE IN THE ORLANDO SENTINEL

            Commr. Pool brought up the issue of a newspaper article that was in The Orlando Sentinel recently, where he felt a remark that he had made at a previous Board Meeting regarding the use of mobile homes as classrooms was twisted and not taken in the context that it was meant. He stated that he has never criticized or condemned people that live in mobile or modular homes, noting that he lived in one himself years ago and presently has family members that live in one. He stated that, to insinuate that such people are second-class citizens is a shame. He stated that he has received calls from citizens that recognize that he never would have made said remarks, or intended for them to be taken in the context that they were taken, and that he appreciated their support. He stated that the discussion was with Leadership Lake County on how to best solve some problems that the County is faced with and nothing was meant against modular or mobile units, for education or for living in.

             Commr. Hanson stated that she, too, received several calls in support of Commr. Pool. She stated that, being present at the meeting, she did not interpret or put the same spin on what he stated that the article put on it and that she felt it was unacceptable.

            REPORTS - COMMISSIONER STIVENDER - DISTRICT 3

            GROUNDBREAKING CEREMONY FOR NEW LAKE-SUMTER CHILDRENS’

            ADVOCACY CENTER

 

            Commr. Stivender informed the Board that a groundbreaking ceremony was held last Friday for the new Lake-Sumter Childrens’ Advocacy Center, to be located at Pine and Canal Streets, in Leesburg, which she noted the County helps fund through the Citizens’ Commission for Children. She stated that they have done very well, noting that they have $40,000 to go, towards a $300,000 building.

 


            ADDENDUM NO. 1

            COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the items contained under the County Manager’s Consent Agenda, on Addendum No. 1, as follows:

            Budget and Administrative Services - Budget

            Request from Budget and Administrative Services - Budget for approval of Budget Transfer - Sales Tax Capital Projects Fund, Non-Departmental, in the amount of $200,190.00. Transfer $200,190.00 from Special Reserve to Machinery and Equipment. The Sheriff is requesting additional funds to purchase 90 mobile digital radios, at $2,471.00 each, and to upgrade an existing VHF channel to digital. The cost for the radios is $222,390.00, and the upgrade to the digital channel is $55,800.00, for a total of $278,190.00. Funding will come from two sources: $78,000.00 from the General Fund’s Law Enforcement Automation Account, which is restricted in usage for a law enforcement communications system, and $200,190.00 from the original Local Option Sales Tax Reserves. Sufficient funds are available in Special Reserve.

 

            Budget and Administrative Services - Procurement Services

 

            Request from Budget and Administrative Services - Procurement Services for approval and authorization to encumber funds and execute the lease contract and amendment to the contract, subject to the County Attorney’s approval, to Iron Mountain Records Management, Inc., for rental of records storage space, in the estimated amount of $800.00 per fiscal year; and authorization for continuous annual renewals, to be executed by the County Manager.

 

            Public Works

 

            Request from Public Works for approval to enter into a limited contract with Architect Design Group of Winter Park, for the Programming Study, to determine the preliminary design needs to aid in the planning, designing, phasing, and budgeting of the Lake County Emergency Operations Center; approval for funding, in the amount of $32,000.00; approval of the tentative site plan for the building; and approval to apply for a grant being offered by the State of Florida for this project.

 

            REPORTS - COMMISSIONER HANSON - DISTRICT 4

            RESOLUTION SUPPORTING RESTORATION OF OCKLAWAHA RIVER

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-59, supporting a Federal and State partnership to begin restoration of the Ocklawaha River.

            REPORTS - COMMISSIONER HANSON - DISTRICT 4

            LEESBURG COMMUNITY DEVELOPMENT ANNUAL DINNER

            Commr. Hanson informed the Board that she attended the Leesburg Community Development Annual Dinner on Friday, April 11, 2003, representing the Board. She stated that the City of Leesburg is doing an outstanding job in their downtown area, in eliminating some of the older homes and replacing them with affordable housing.

 


            REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

            PROCLAMATION PROCLAIMING MONTH OF MAY AS CIVILITY MONTH

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2003-60, proclaiming the month of May as Civility Month.

            ADDENDUM NO. 1 (CONT’D.)

            REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

            RESOLUTION PROCLAIMING MAY AS ELDER LAW MONTH

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-61, proclaiming May, 2003, as Elder Law Month in Lake County.

            REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

            MEETING REGARDING METROPOLITAN PLANNING ORGANIZATION

            Commr. Cadwell informed the Board that he would be attending a meeting that has been called by the Florida Department of Transportation, at the Governor’s request, on Monday, April 21, 2003, at Lake-Sumter Community College, to discuss the Metropolitan Planning Organization, on behalf of the Board.

            REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

            UPCOMING ZONING MEETING

            Commr. Cadwell brought up for discussion the issue of the Zoning Meeting that is scheduled to be held on Tuesday, April 22, 2003, which is anticipated to be a long meeting, because of several cases that were postponed from previous meetings involving proposed developments that might have an impact on the County’s school population, noting that he would prefer to work through the cases that are scheduled to be heard and finish them all in one day, rather than have to come back another day to finish hearing them.

            It was the consensus of the Board to do so.

            REPORTS - COUNTY ATTORNEY (CONT’D.)

            LEGISLATION REGARDING WEKIVA AREA

            Mr. Sandy Minkoff, County Attorney, informed the Board that, with regard to a letter that the County received from Representative Brummer, he and Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, have been working with the cities in the County, trying to work out issues regarding legislation involving the Wekiva area. He stated that he, Mr. Gary Cooney, City Attorney, City of Mount Dora and Town of Howey-in-the-Hills, and Mr. Lewis Stone, City Attorney, City of Eustis, submitted changes to the Bill that the cities seem to be comfortable with, with regard to the matter. He stated that they have since heard that there may be some total changes to the Bill and that they may be looking at trying to defer some of the action until next year and have the Bill just do part of the things this year. He stated that staff has taken the position at the meetings that have been held regarding the matter that it is the Board’s position to support the cities and to monitor the rest of the Bill, so that they can report back to the Board.

            It was noted that Commr. Cadwell would draft a letter to the Florida Legislature regarding the matter, which will be available for the Board’s perusal and approval at the Board Meeting scheduled for April 22, 2003. 

            REPORTS - COMMISSIONER HANSON - DISTRICT 4 (CONT’D.)

            FLORIDA YARDS AND NEIGHBORHOODS ORDINANCE

            Commr. Hanson informed the Board that she would be bringing the Florida Yards and Neighborhoods Ordinance to the Board at the first meeting in May, 2003, which deals with springshed issues and best management practices that can be done throughout the County, without the legislation alluded to earlier.

            REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

            (CONT’D.)

 

            WORKSHOP REGARDING MASTER PLAN FOR LIBRARIES

 

            Commr. Cadwell informed the Board that he and Ms. Wendy Breeden, Director of Library Services, were invited to attend a workshop in Kissimmee on Monday, April 14, 2003, for the first presentation of the draft of the Master Plan for Libraries. He stated that it was felt Osceola County should work with Lake County to expand library services in the Four Corners area, at which time he told them that the County has purchased land and at, some point in time, is committed to building a library in that area, but, with their help, the County could do it bigger, better, and faster. He stated that they discussed it and came to a consensus to put the matter on the Agenda for their upcoming Board Meeting. He stated that he spoke with all the Commissioners prior to the meeting and they were encouraged by it. He asked the Board to direct staff to move forward with the matter.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board directed staff to work with Osceola County, with regard to expanding library services in the Four Corners area.

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 a.m.

 

 

 

                                                                                    ________________________________

                                                                                    WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

 

________________________________

JAMES C. WATKINS, CLERK