A REGULAR MEETING OF THE BOARD OF
The Lake County Board of
INVOCATION AND PLEDGE
Reverend Bruce Hamilton, a volunteer
Chaplain with Lake Sumter Emergency Medical Services (EMS), gave the Invocation
and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager,
informed the Board that there was an Addendum No. 1 to the Agenda, containing a
Consent Item.
Commr. Cadwell stated that, under his
business, he would like to place on the Agenda a request for some discussion
and direction to staff, with regard to looking at an Ordinance to deal with
ATVs being driven on small parcels, which may require a vote by the Board.
On a motion by Commr. Cadwell,
seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board
approved to place said item on the Agenda.
MINUTES
On a motion by Commr. Cadwell,
seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board
approved the Minutes of November 30, 2004 (Special Joint Meeting between the
Board of County Commissioners and the Local Planning Agency), 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, Cancellations, and Reinstatement, as follows:
|
New 4997-05 |
Barney W. Headrick d/b/a
Barneys Plumbing of Debary, Inc |
|
5202-05 |
Richard
J. Thomas d/b/a Rich Thomas Plumbing, Inc. |
|
6150-05 |
Emerson
J. Kelly d/b/a Classic Electric of Central Florida, Inc. |
|
6204-05 |
Jeff
Reamer d/b/a Dixie Landscape |
|
6228-05 |
Dennis
K. Berry d/b/a Berry Signs, Inc. |
|
6229-05 |
Jason
Ross d/b/a Jason Ross Masonry, LLC |
|
6230-05 |
James
Sampsel d/b/a Keller Outdoor, Inc. |
|
6231-05 |
Matize
Hoskins d/b/a MDH Enterprises, Inc. |
|
6232-05 |
Troy
Ray Krisle d/b/a TSK Exteriors Pro, Inc. |
|
6233-05 |
Mark Brackert d/b/a Brackert Construction |
|
Cancellations |
|
|
1601-04 |
Oh
Roberts, III Custom Homes |
|
5807-03 |
Jody
MacLaughlin d/b/a AAA Electric |
|
6155-04 |
Dennis
A. Savoury d/b/a Hilltop Nursery, Inc. |
|
6170-05 |
Rennie
J. Ladines of U & R Electric, Inc. |
|
5986-04 |
Mike Moucha (Landscape Contractor) |
|
Reinstatement |
|
|
6170-05 |
Rennie
J. Ladines of U& R Electric, Inc. |
|
|
|
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 Clerks Office.
Unclaimed Excess Proceeds for Tax
Deeds
Request to acknowledge receipt of
unclaimed excess proceeds for tax deeds totaling $9,018.74.
2005 Meeting Schedule for the
Lake County Water Authority Board
Request to acknowledge receipt of
the 2005 Meeting Schedule for the Lake County Water Authority Board of
Trustees.
Ordinances from the Town of
Request to acknowledge receipt of
Ordinances from the Town of Lady Lake, as follows:
Ordinance No. 2004-15 Amending Ordinance No. 81-8-(83),
which established the Town of Lady Lake Comprehensive Plan; providing for a
small scale future land use map amendment; passed November 1, 2004.
Ordinance No. 2004-16
Redesignating zoning classification for certain property owned by Philip and
Donna Willman; passed November 1, 2004.
Ordinance No. 2004-18 Amending
Ordinance No. 88-30, which established a uniform property numbering system in
the Town of Lady Lake, by creating Article II Uniform Property Numbering in
Chapter 20 Property Preservation of the Code of Ordinances; passed November
1, 2004.
Ordinances from the City of
Request to acknowledge receipt of
Ordinances from the City of Tavares, as follows:
Ordinance No. 2004-33 Annexing approximately 83.07
acres located on the western side of Camp Road, approximately sixteen hundred
feet (1,600) west of State Road 19, and as further described; passed November
3, 2004.
Ordinance No. 2004-35 Annexing
approximately 57.64 acres, known as the Rhodes Property, located on the western
side of S.R, 19, approximately eight hundred feet (800) north of the entrance
of Royal Harbor, and as further described; passed November 3, 2004.
Ordinance No. 2004-42 Annexing
approximately 10,890 square feet located at Lot 19, Dora Isles Subdivision, and
as further described; passed November 3, 2004.
Notice Before the Florida Public Service Commission
Request to acknowledge receipt of
Applications from the Florida Public Service Commission, as follows:
Application for Certificate to Operate Water Utility
in Orange and Lake Counties, by Oak Springs, LLC. Docket No. 040515-WU, Order No.
PSC-04-1205-CO-WU, Issued December 6, 2004 Consummating Order dated the 6th
day of December, 2004.
Application for Rate Increase in Lee County, by Utilities,
Inc. of Eagle Ridge, Docket No. 030445-SU, Order No. PSC-04-1196-CO-SU, Issued
December 3, 2004 Consummating Order dated the 3rd day of December,
2004.
Intergovernmental Cooperative
Agreement for the City of
Request to acknowledge receipt of
Intergovernmental Cooperative Agreement for the City of Eustis, together with
an Affidavit regarding authenticity, for the purpose of providing insurance
through Public Risk Management of Florida Health Trust, for filing, in
compliance with Florida Statute, Section 163.01, the Florida Interlocal
Cooperation Act of 1969.
Fire Management Program & Cooperative Forestry
Assistance Program Annual Report
Request to acknowledge receipt of Fire Management
Program & Cooperative Forestry Assistance Program Annual Report for July 1,
2003 June 30, 2004.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution
of Revenue Traffic/Criminal Cases, for the month ending November 30, 2004, in
the amount of $102,084.19. Same period,
last year: $165,019.07.
COUNTY MANAGERS CONSENT AGENDA
On a motion by Commr. Stivender,
seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board
approved the following requests:
Budget
Request for approval of the following:
1.
Budget Transfer
County Transportation Trust Fund, Department of Public Works, Road Operations
Division, in the amount of $55,000.00. Transfer $55,000.00 from Road Materials
and Supplies to Rentals and Leases. Rental equipment was needed for the first
two months of the new year for various projects including, but not limited to,
the clay to paved project. The rental equipment was returned early, but the
cost was greater than the available budget. Funds available in Road Materials
and Supplies, by reducing blanket purchase orders.
2.
Budget Transfer
General Fund, Non-Departmental, in the amount of $37,500.00. Transfer
$37,500.00 from Reserve for Operations to Contractual Services. Funds are
needed to extend the contract for Grant Writing Services for nine months. Funds
available in Reserve for Operations.
3.
Budget Transfer
General Fund, Supervisor of Elections, in the amount of $10,000.00. Transfer
$10,000.00 from Reserve for Operations to Other Salaries and Wages. The
Supervisor of Elections is requesting funds to cover additional expenses for
the General Election held on November 2, 2004. Funds available in Reserve for
Operations.
4.
Resolution No. 2005-1,
amending the General Fund, in order to receive unanticipated revenue for Fiscal
Year 2004/2005, in the amount of $1,013,735.00, deposited into Personal
Services ($121,500.00) and Operating Supplies ($892,235.00), for funding for
Lake County's Community Access Network Program.
Community Services
Request for approval of the Lake County Library System
Technology Plan for Fiscal Year 2005 through 2008.
Request for approval of 2004/2005 Agreement for Mental
Health Services between Lake County and LifeStream Behavioral Center, Inc.; and
approval of Amendment to Baker Act Agreement.
Request for approval of Agreement with We Care of Lake
County for delivery of Coordinated, Comprehensive Primary and Specialty
Healthcare for Medically Indigent Residents.
Economic Development and Tourism
Request for approval of an Agreement for television
and internet advertising service provided by WFTV, Inc., for a period of nine
months (January 1, 2005 through September 30, 2005), in the amount of
$98,500.00.
Request for approval of an Agreement between Lake
County and Leesburg Area Chamber of Commerce, Inc., in which Lake County will
assist in sponsoring the bass tournament on the Harris Chain of Lakes, from
February 3, 2005 through February 6, 2005, in the amount of $26,500.00.
Request for approval of an increase, in the amount of
$15,000.00, to Purchase Order No. 22062, with WFTV, Inc., for the provision of
ad production, air time and web presence, for advertising of events taking
place through December 31, 2004.
Request for approval to accept a VSA Arts of Florida
Grant, in the amount of $1,500.00, for the Cultural Affairs Council's
"Start with the Arts" Program for the 2004/2005 year.
Procurement Services
Request for approval to award the contract for
Personal Firewall Software to Computing System Innovations (CSI), in accordance
with Bid No. 05-018-JW, for $28,908.50.
Request for approval to award the contract for an
on-call interior designer to Sue Sevilie d/b/a Commercial & Government
Interiors, in accordance with RFP No. 04-110.
Request for approval to award the contract for
Transportation Services (Removal of Bodies) to Broward Removal Service, Inc.,
in accordance with RFP No. 04-137, for the Medical Examiner's Office.
Program Analysis and Contract Management
Request for approval to extend LifeStream Behavioral
Center, Inc. d/b/a Lake County Transits current contract through February 28,
2005.
Public Works
Request for approval to accept the
following:
Drainage Easement
Ryder, Mary P.
Bay Avenue (1866)
Maintenance Project
Non-Exclusive Easement Deed
Schmid Construction & Development,
Inc.
Corley Island Road (3412)
Site Plan
Statutory
Quitclaim Deed
Adams,
Virginia L.
Deerhaven
Special Assessment
Vaughn,
Homer G. and Carolyn M.
Shetland
Trail/Appalossa Trail
Hilltop
Special Assessment
Rollins
II, Phillip and Sharon
Thoroughbred
Trail
Hilltop
Special Assessment
Rollins,
Timothy and Tammy
Thoroughbred
Trail
Hilltop
Special Assessment
Paul,
Elton R.
Welsh
Trail
Hilltop
Special Assessment
Arborio,
Joseph C.
Intersection
Project
Scott,
David C. and Margaret M.
S.
Road
Project
East
Ridge Properties, LLC
Steves
Road
Road
Project
Allen,
Homer N.
Steves
Road
Road
Project
KMH
Limited Liability Company
Steve
Road
Road
Project
John J.
Miceli, Trust Et Al
Steves
Road
Road
Project
First
Christian Church of Clermont, Florida, Inc.
Steves
Road
Road
Project
Request for approval and signature on Resolution No. 2005-2,
authorizing the posting of speed limit signs on the following roads:
|
Eustis Area |
|
Fruitland Park Area |
|
|
|
|
|
|
|
Foothill Lane |
(5884A) |
Lynn Avenue |
(5905A) |
|
Yellowstone Lane |
(5984) |
Marguerite Avenue |
(5805) |
|
Stagecoach Trail |
(5884) |
Fruitland Park
Boulevard |
(5805A) |
|
East Lake Seneca Road |
(6084) |
Lake Josephine Drive |
(5804) |
|
Lake Seneca Road |
(5983) |
Cutoff Road |
(5704) |
Request for approval and authorization for the Chairman to execute
Satisfaction of Assessment Liens for ten road assessments, as follows:
|
Request for approval and signature to accept a Maintenance Map for
Turkey Farms Road (No. 1750).
Request for approval and execution of three Purchase Agreements (B.
Knight, R. Wells, and J. Goff) for right of way; and authorization for Board
Chairman to sign any and all documents necessary for closing, in conjunction
with the Turkey Lake Road (No. 2924) Project, located in Section 32, Township
20 South, Range 25 East, in the Howey-in-the-Hills area.
Request for approval and authorization to accept the final plat for
Grass Roots Air Park and all areas dedicated to the public, as shown on the
Grass Roots Air Park plat; accept a Letter of Credit for Maintenance, in the
amount of $4,480.00; execute a Developer's Agreement for Maintenance of
Improvements between Lake County and Grass Roots Air Park Properties, Inc.; and
execute Resolution No. 2005-3, accepting the following road into the County
Road Maintenance System: Indigo Road "Part" (CR 2-2310).
Request for approval and authorization to release a Letter of Credit
for Maintenance, in the amount of $25,058.00, posted for Clear Creek Phase 3.
Clear Creek Phase 3 consists of 79 lots Commission District 2.
Request for approval to enter into a "Joint Participation
Agreement" with the Lake County Water Authority, for partial funding of a
stormwater management system retro-fit in the Mid-Florida Lakes community.
Request for approval and authorization to award CR-439 Widening &
Resurfacing Project, No. 2004-06, Bid No.04-153, to Art Walker Construction;
and to encumber and expend funds, in the amount of $2,761,685.40, from the
Renewal Sales Tax Capital Projects Fund Commission District 5.
Request for approval and authorization to release a Letter of Credit,
in the amount of $285,764.93, posted for Performance; accept a Letter of Credit
for Maintenance, in the amount of $51,901.03; execute a Developer's Agreement
for Maintenance of Improvements between Lake County and the Greater
Construction Corporation; and execute Resolution No. 2005-4, accepting the
following roads into the County Road Maintenance System: Blossom Hill Loop (CR
0259I) and Shrike Hill Court (CR 0259J). Orange Tree Phase 5 consists of 44
lots Commission District 2.
ADDENDUM NO. 1
COUNTY MANAGERS CONSENT AGENDA (CONTD.)
Public Works
Request from Public Works for approval and authorization to accept the final
plat for Martins Landing and all areas dedicated to the public, as shown on
the Martins Landing plat; and accept a Letter of Credit for Maintenance, in
the amount of $3,200.00. Martins
Landing consists of 24 lots - Commission
District 2.
PRESENTATION - COMMISSIONERS
Commr. Hill presented past Chairman, Commr. Debbie Stivender, with the
gavel that she used during her tenure as Chairman of the Board of County
Commissioners, in recognition of her service to the County.
PRESENTATIONS AWARDS
The Chairman presented Employee Awards, as follows:
EMPLOYEE AWARDS
Presentation of Award to Employees with Five Years of Service
Brenda R. Eastman, Permitting Specialist, Growth Management/Building
Services/South
Jeff Johnson, Construction Inspector, Public Works/Capital
Projects/Road Construction
Stanley E. Miller, Maintenance Worker, Community Services/Agricultural
Education Services/Horticultural
Timothy D. Judy, Firefighter/EMT, Public Safety/Fire and Rescue
John A Magrum, Traffic Signal Technician, Public Works/Road
Operations/Signs Signals & Striping
Mary Ellen Roberts, Administrative Office Associate II, Environmental
Services/Environmental Services Director's Office
Presentation of Award to Employees with Fifteen Years of Service
Harryette J. Hannah, Database Coordinator, Public Safety/Communication
Systems/E-911
Kathleen L. Padgett, Licensing & Building Specialist, Growth
Management/Building Services/Main Office
Presentation of Award to Employee with Twenty Years of Service
Ava K. Kronz, Special Programs Director, Economic Development &
Tourism/Tourism
Presentation of Award to Employee with Twenty-Five Years of Service
David Walker, Senior Maintenance Specialist, Public Works/Capital
Projects/Facility Maintenance/Building Maintenance
Presentation of Award to Retiring Employee with Thirteen Years, One
Month of Service
Henry Eschenberg, Jr., Maintenance Specialist, Public Works/Capital
Projects/Facility Maintenance/Building Maintenance
Presentation of Award to Retiring Employee with Twenty Years, One Month
of Service
Frank R. Johnson, Equipment Operator III, Public Works/Road
Operations/Maintenance Area III
PUBLIC HEARING
ORDINANCE PERTAINING TO LIBRARY
ADVISORY BOARD
Mr. Sandy Minkoff, County Attorney,
placed the proposed Ordinance on the floor, for its first and final reading, by
title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE
COUNTY, FLORIDA; PROVIDING FOR AMENDMENT TO CHAPTER 12, LAKE COUNTY CODE,
LIBRARIES; AMENDING SECTION 12-37, LIBRARY ADVISORY BOARD, CHANGING THE
MEMBERSHIP OF THE LIBRARY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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 portion of the meeting.
On a
motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously,
by a 5-0 vote, the Board approved Ordinance No. 2005-1, Amending Section 12-37,
Lake County Code, pertaining to the Library Advisory Board, as presented.
PUBLIC
HEARING
ORDINANCE
PERTAINING TO FAMILY DENSITY EXCEPTION
Mr.
Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for
its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
AMENDING SECTION 14.11.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT
REGULATIONS, ENTITLED FAMILY DENSITY EXCEPTION; REQUIRING THAT LOTS MAY ONLY BE
NEWLY CREATED FOR DESCENDANTS AGED EIGHTEEN (18) OR OLDER; REQUIRING AFFIDAVITS
FROM RELATIVES INDICATING INTENT TO RESIDE ON THE NEWLY CREATED LOTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Minkoff reviewed changes to the
Ordinance, noting that, on Page 3, Lines 6 and 7, the language, In order to
qualify as a family member under this section, a descendant must be eighteen
(18) years of age or older. was added; on Page 4, Line 17, the language, If a
residence is to be constructed on a parcel created for a family member, such
parcel must be intended to be used as a residence by the ascending or
descending family member. was added; and on Page 5, Line 21, the language, In
the case where a residence will be constructed on a Family Density Exception
parcel, an affidavit from the ascending or descending relative indicating that
he or she intends that the residence shall be their primary residence shall be
required. was added. He informed the
Board that the reason for said changes was due to the fact that there have been
some situations where people were creating lots for two year old children and
then putting homes on them and renting them out, which in some cases has become
an issue.
Commr. Hanson stated that it has
happened in her district and questioned whether any of the other Commissioners
had had the same thing happen in their districts, noting that she has received
some complaints from nearby property owners.
She was informed that the other Commissioners were not aware of any such
cases.
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 portion of the
meeting.
On a
motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board approved Ordinance No. 2005-2, Amending Section
14.11.02, Lake County Code, Pertaining to Family Density Exception, as
presented.
PUBLIC
HEARING
ORDINANCE
ENTITLED NOISE CONTROL
Mr.
Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for
its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY,
FLORIDA; AMENDING ARTICLE II, CHAPTER 14, LAKE COUNTY CODE, ENTITLED NOISE
CONTROL; PROVIDING FOR LEGISLATIVE FINDINGS; PROHIBITING EXCESSIVE NOISES
AUDIBLE TO PERSONS LOCATED IN THE UNINCORPORATED AREAS OF THE COUNTY;
PROHIBITING RESIDENTIAL CONSTRUCTION AND DEMOLITION BETWEEN THE HOURS OF 9:00
P.M. AND 6:00 A.M.; PROHIBITING THE OPERATION OF DOMESTIC POWER TOOLS IN
RESIDENTIAL ZONING DISTRICTS BETWEEN THE HOURS OF 9:00 P.M. AND 8:00 A.M.;
PROHIBITING THE OPERATION OF VEHICULAR REFRIGERATION UNITS IN RESIDENTIAL
ZONING DISTRICTS BETWEEN THE HOURS OF 9:00 P.M. AND 6:00 A.M.; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEPARATE
VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE
COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff
reviewed changes to the Ordinance, noting that some of the changes that were
made were ones that were not clear in the current Code, in terms of what a
noise disturbance or violation is. He
stated that the main changes that were made in the Ordinance are as
follows: On Page 3, Line 12, the
language, The definition of noise disturbance includes sounds that are
created within a municipality or county other than Lake County, but which are
detected within the unincorporated boundaries of Lake County, Florida. was
added, which means that, if one makes a noise inside a city or another county
and sends it into an unincorporated area of the County, one would be in
violation of the Ordinance; on Page 3, Line 33, it states that construction
demolition activities inside residential zoning districts are prohibited
between the hours of 9:00 p.m. and 6:00 a.m., with the exception of the
delivery and installation of concrete and other materials associated with
residential slab installation; on Page 4, Line 1, it states that domestic power
tools are not allowed to be used outside, during the hours of 9:00 p.m. and
8:00 a.m.; on Page 4, Line 6, it states that vehicular refrigeration units are
not allowed to be used in residential zoning districts between 9:00 p.m. and
6:00 a.m. He stated that the term
residential zoning districts shall include those areas zoned as Ranchette
District (RA), Agricultural Residential (AR), Rural Residential (R-1), Estate
Residential (R-2), Medium Residential District (R-3), Medium Suburban
Residential District (R-4), Urban Residential District (R-6), Mixed Residential
District (R-7), Multi-family Residential (R-10), Residential Professional (RP),
Mobile Home Rental Park District (RMRP), Mobile Home Residential (RM),
Recreational Vehicle Park District (RV), and residential Planned Unit
Developments (PUD). He stated that the
exemptions are pretty much the same and that enforcement is as it is in the
current Ordinance, where the Sheriff or the Code Enforcement Department has the
authority to enforce it. He stated that
he feels it is the Countys intent to use Code Enforcement whenever it can, to
enforce the provisions of the Ordinance, as it currently does.
Commr.
Stivender questioned whether community meetings were held, as the Board had
directed, when this matter came up last year and was informed that they were.
It was noted that staff sent a notice
to everybody that attended one of the former meetings where this issue was
discussed informing them about the meeting this date.
Mr. Minkoff informed the Board that
staff is going to try to get together with the cities regarding enforcement of
the Ordinance, so that the cities do not say a noise is alright, while the
County considers it a disturbance. He
stated that staffs goal is for the cities and the County to work together.
Commr.
Hill stated that, if the cities are using a decibel reader to determine noise
levels, she feels the County should be using it as well, noting that, if the
County just uses the human element to determine what constitutes a noise
disturbance, they will not have anything to judge it against what the cities
are using to judge their noise levels, if they are using that method. She stated that it also gives law enforcement
and the Code Enforcement Department a tool to use.
Mr. Minkoff stated that, to his
knowledge, the cities are not using a decibel reader, but are using the same
method that the County is using, one of the reasons being that it requires
specific training. He stated that it
would involve a lot of training for every law enforcement officer and every
Code Enforcement officer in the County to be trained on how to use a decibel
reader.
Commr. Hanson stated that the
modifications before the Board this date give the Ordinance a lot more teeth
over what it originally had.
Mr. Minkoff stated that the
modifications do change the Ordinance somewhat, but it is now more clearly
written.
The Chairman opened the public
hearing.
Mr. Donald Harrison, a resident of
Tropical Shores Subdivision, in Tavares, addressed the Board regarding the 9:00
p.m. time line indicated in the Ordinance, noting that at least half of the
calls placed regarding noise coming from a restaurant that is located across
the Dead River from his subdivision are placed before 9:00 p.m. He stated that the residents of his
subdivision have not been able to get cooperation from the City of Tavares,
noting that deputies from the Sheriffs Office would come out and state that
the noise was excessive, only to have the city police state that the noise was
not excessive.
Mr. Darrin Eslinger, a resident of
south Lake County, addressed the Board encouraging them to approve the
Ordinance before them, noting that it was much better than the current
Ordinance. He stated that the current Ordinance
is not being enforced and is not good for intermittent disturbances, such as
those that occur on the weekends, when the Code Enforcement Department is
closed. He stated that the Sheriffs
Office will investigate a disturbance, only to state that it is not under their
jurisdiction, that it falls under the Code Enforcement Department, which
happens to be closed. He stated that
excessive noise disturbances need to be handled 24 hours per day, seven days
per week. He stated that approving the
changes to the Ordinance before the Board this date is not the final say,
noting that it can be amended in the future, should there be a need to do so.
Mr. Jim Brown, representing the Lake
County Airboat Club, consisting of 137 members, addressed the Board stating
that the language contained on Page 2, Line 38, of the Ordinance troubles the
members of his club, because it is pretty general and leaves a wide gap. He stated that, if said language is approved,
any member of the Airboat Club, as well as anybody that runs a boat, drives an
ATV, or fires a gun could be found in violation, if they annoy somebody that
wants to make a complaint.
Mr. Minkoff stated that the exemptions for motor vehicles or
aircrafts are those that are required by statute or federal law, thus, the
reason they are listed under Exemptions.
Commr.
Stivender questioned whether the Ordinance should be more specific, so that
staff is not running around wasting time and money.
Commr.
Cadwell stated that the key to the Ordinance is to help those people that are
having a problem that are caught between jurisdictions.
Ms.
Maryann Quinn, a resident of Lake Dora Oaks Subdivision, addressed the Board
stating that the subdivisions property backs up to the industrial center on
Old Hwy. 441. She stated that there are
31 homes in her subdivision, which has been in existence for the past 27
years. She stated that the residents are
proud of their community and work hard to maintain their quality of life,
including noise control and other environmental hazards. She stated that they are aware that a great
deal of work has gone into this project, because they have participated in the
process, noting that they have written letters, made telephone calls, and sent
emails to the County and have attended and participated in various public
hearings. She stated that they have
submitted copies of noise ordinances from other jurisdictions throughout the
State and have drafted proposed revisions, which they have submitted to the
Board for consideration, as well. She stated that they are disappointed in the
document before the Board this date, noting that they find it difficult to
understand how the proposed Ordinance includes control of excessive noise
generated by industrial and commercial enterprises, such as the industrial park
alluded to earlier. She stated that they
are quite disappointed that it appears that many of the issues they raised have
been turned around and are now more restrictive on the residential community,
specifically the business of domestic power tools not being used before 8:00
a.m. She stated that she interprets said
language to be that she cannot have her lawn cut before 8:00 a.m., yet the
industrial park that backs up to her property can start operating at 6:00 a.m. She stated that the industrial community has
recourse over the residential community, but the residential community does not
have recourse over the industrial community, which is not what the residents
expected to happen. She asked that the
Board not approve the changes before them at this time, because it does not
address their issues.
Ms.
Lisa Jones, a resident of Higley Subdivision, in north Lake County, addressed
the Board stating that she is happy that there have been some amendments to the
Ordinance, however, noted that the issue involving her subdivision concerns off
road vehicles and where they are being ridden, in proximity to the
subdivision. She stated that the
residents have called the Code Enforcement Department, the Zoning Department,
and the Sheriffs Office, but no one seems to be able to do anything about
it. She stated that said vehicles need
to be addressed, specifically in her area of the County, because some people
are constructing tracks for them. She
stated that she hopes the changes in the Ordinance will do something about the
problem.
Mr.
Jim Farley, a resident of Imperial Terrace Subdivision, addressed the Board
stating that he hoped he was speaking for the residents of the 229 homes in his
area, most of which are over 55 and retired.
He stated that most of them moved to the area to enjoy the later stages
of their lives. He stated that they try
to sit on their porches and patios and enjoy each others company, but have to
put up with amplified music coming from various so called entertainment
establishments, which disturbs all of their lifestyles. He stated that he supports the Noise
Ordinance and feels that most of the residents in his subdivision support it,
as well.
Mr.
Allen Hardwick, a resident of Marion County, addressed the Board stating that
he works in Lake County, but his business does not start work until 8:00 a.m.,
so the changes in the Ordinance does not have much of an effect on his
business; however, he feels that 8:00 a.m. is a little late to start work for
those people in the construction business that need to start work early. He stated that he feels it should be changed
to 6:00 a.m. during the week, during daylight hours. He stated that nobody likes to be aggravated
by excessive noise, which he respects, pointing out the fact that he has run an
airboat in Lake County for the past 30 years and knows how people feel about
them, however, noted that the Lake County Airboat Club, which he is a member
of, tries diligently to not aggravate people with their airboats, which is the
main reason for some of the members being present at this meeting. He stated that they would appreciate it if
the County would let them know if they hear any complaints about their airboats
and they will try to nip the problem in the bud.
Commr.
Cadwell interjected that most of said activity is in his area of the County,
District 5, but he has found that, if there is a problem with the airboats, all
he has to do is call the Airboat Club and they take care of it.
It
was noted that the time frame involving construction work is 6:00 a.m., rather
than 8:00 a.m., as alluded to by Mr. Hardwick.
Ms.
Judy Whaley, a resident of Tropical Shores Subdivision, in Tavares, addressed
the Board stating that residents of her subdivision have been before the Board
a number of times since December of 1998, when property (Dead River Vics
Restaurant) located across the Dead River from her subdivision was annexed into
the City of Tavares. She stated that her
subdivision existed before the Dead River Vics Restaurant was built, so the
residents did not move into the neighborhood with the noise already
occurring. She stated that, in working
with the City of Tavares, the County, and a noise expert that attended the
various meetings, the residents are happy that there is now an ordinance that
deals with their situation, which is noise going from the City into the County. She stated that the residents are willing to
work with the Citys police and the Sheriffs deputies in trying to resolve the
problem. She stated that the residents
do not have a problem with the boats that run up and down the river, or the
airboats that come and go, noting that that is not what disturbs them, it is
the music that plays hour after hour, which they have had to suffer through for
many, many nights. She stated that, on behalf
of her family and the people that live up and down her street and in her
neighborhood, she would urge the Board to approve the Ordinance before them, as
presented.
Ms.
Dottie Keedy, City Administrator, City of Tavares, addressed the Board and asked
that they follow through on Mr. Minkoffs suggestion that the County and the
cities coordinate the implementation of the Ordinance, noting that she foresees
some problems. She stated that, in her
years as City Administrator for the City of Tavares, the problem dealing with
noise control has been one of the most difficult issues the City has had to
deal with and she feels the County is going to have problems with it, as well,
just by the nature of it. She stated
that, not only is it subjective for the person who is going out to judge
whether the disturbance is a violation, but is subjective for the people that
live in the area, noting that she does not feel that everybody that lives in
the area of Dead River Vics Restaurant considers the music coming from the
restaurant to be a nuisance. She stated
that people on her staff, as well as those on the Countys staff, are going to
be coming to different conclusions. She
stated that the City of Tavares has levied thousands of dollars in fines to
Dead River Vics Restaurant, but, obviously, there are still some
problems. She stated that coordination
between the cities and the County is going to be very important, noting that,
if they both get called to a disturbance at the same time, they are going to
need to have some procedures in place on how to deal with it. She stated that the City has an exemption in
their Ordinance for special events, at which time she was informed that the
Countys Ordinance has said exemption, as well.
It
was noted that a special event in the City would be exempt from the Countys
Noise Ordinance, as it is written.
There
being no further individuals who wished to address the Board, the Chairman
closed the public hearing portion of the meeting.
Commr.
Stivender questioned why the Ordinance lets construction noise start at 6:00
a.m., while restricting residential types of noise to
Commr.
Cadwell suggested that Paragraph 2, on Page 3 of the Ordinance, under Section
14-35 Other Prohibited Activities, which addresses domestic power
tools, be deleted entirely, noting that it would solve the concern alluded to
by Commr. Stivender. He stated that
there is enough of a definition for excessive noises under Section 14-34 Excessive
Noise Prohibited, on Page 2 of the Ordinance, to cover any problems that
might arise.
On a
motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board approved to delete Paragraph 2, on Page 3 of the
Ordinance, as indicated.
Mr.
Minkoff stated that his office provided copies of the proposed Ordinance to the
city attorneys and would do so again and that he was sure Mr. Gregg Welstead,
Deputy County Manager/Growth Management Director, and Mr. Tommy Leathers, Code
Enforcement Director, would coordinate with the other jurisdictions both
municipalities and other counties, if it becomes an issue.
Mr. Leathers addressed the Board
stating that he felt the Noise Ordinance was probably the toughest one to
write, noting that there could be a hundred different versions of it and there
would still be questions about it. He
pointed out the fact that the portion that Commr. Cadwell voted to delete from
the Ordinance, dealing with domestic power tools, would address portable generators,
in the event of a disaster and the loss of power. He stated that one concern he had was the
dual enforcement between the Sheriffs Office and the Code Enforcement
Department, as to who will take the calls, who will dispatch an officer, etc. He stated that it could create havoc among
the citizens, so it is something that they will need to get worked out among
themselves. He stated that something
else that needs to be worked on is the response time, noting that Code
Enforcements current response time is five to seven days.
On a
motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a
5-0 vote, the Board approved Ordinance No. 2005-3, amending Chapter 14,
entitled Noise Control, as amended, deleting Section 14-35, Paragraph 2, on
Page 3 of the Ordinance; and requiring coordination among the County, the
cities, and the Sheriffs Office, with regard to enforcement of the Ordinance.
CITIZEN
QUESTION AND COMMENT PERIOD
Mr.
Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the
Board and thanked them, in particular Commr. Cadwell and Mr. Jim Judge, with
Lake Sumter Emergency Medical Services (EMS), for their assistance with the
Food Bank in Altoona, noting that they distributed 232 bags of groceries in
December of this year, up from the 21 bags of groceries that were distributed
on their first day of operation, which was August 21, 2003.
Mr.
Jim Wilson, a resident of the Lake Kathryn area, addressed the Board and
discussed a concern he has about the hauling of odorous materials by
semi-tractor trailers through residential areas and the parking of said tractor
trailers overnight in those areas. He
discussed what he has been faced with, in trying to resolve the issue with the
Code Enforcement Department and law enforcement. He noted that said trucks are causing damage
to the roads in the area, as well. He
suggested that the Ordinance be amended, to allow the posting of signs
indicating that semi-tractor trailers cannot be parked in residential areas
overnight, which would allow law enforcement to do something about it.
It
was noted that Commr. Cadwell would work with the individuals involved and try
to resolve the matter, since it is in his district.
RECESS
AND REASSEMBLY
At
11:50 a.m., the Chairman announced that the Board would recess for ten minutes.
COUNTY
MANAGERS DEPARTMENTAL BUSINESS
PURCHASE
OF MOBILE HEALTH CLINIC VEHICLE
Mr.
Fletcher Smith, Director, Community Services, explained this request, stating
that the concept of providing outreach services to the rural areas of the
County by the Health Department, by utilizing a mobile health clinic, has been
discussed a number of times and questions have always come up regarding the
costs involved with such a vehicle - the operating costs and maintenance costs
on an annual basis, what types of services would be provided, and where they
would be provided in the County. He
stated that staff has always tried to keep their eyes and ears open for
potential ways to find a mobile clinic and, over the past one and a half years,
staff has looked at a couple of different options, which he elaborated on. He stated that they were informed that the
Howard Phillips Center for Children & Families Foundation had a mobile
clinic that they purchased in 1997, through a grant, that was going to be
placed on the market for sale in the very near future. He stated that staff looked at the vehicle
and found it to be in outstanding condition.
He stated that the cost of the vehicle would be $140,000; however, in
comparison, pointed out the fact that a foundation in Orlando is purchasing a
new vehicle that is similar in size at a cost of $286,000. He stated that the vehicle in question is in
almost new condition, but noted that it will cost between $3,500 and $5,000 per
year for routine maintenance checks and fuel for the vehicle. He stated that the Health Department informed
him that they have some additional dollars that could be used towards the
purchase of the vehicle, to offset the $140,000. He stated that it will cost approximately
$30,000 to repaint the whole vehicle, or the County could go with a much more
cost effective way and just paint portions of it.
Dr.
Rodger Amon, Director of the Lake County Health Department, addressed the Board
stating that he feels it is a tremendous opportunity for the County to purchase
the vehicle, noting that they have envisioned being able to provide better
health services to those areas of the County that do not have access to the
Countys limited facilities. He stated
that they also see it as an opportunity to enhance the Countys emergency
response capabilities, noting that, during the hurricanes, mobile units of this
type were at a premium, because they could go into affected communities and
provide health care. He stated that it
would provide the County, as well as the region, with that capacity, should
they need to deploy the vehicle outside of Lake County. He stated that, in terms of operating the
vehicle, he would be willing to change some current positions, so that those
employees could obtain the special license that is needed to operate the
vehicle, and he could use it as a means of providing salary increases to the
medical assistants and nurses that will be working out of the unit, as
well. He stated that they are looking at
utilizing the vehicle to provide better health services to the community, such
as immunizations, health screenings, school physicals, etc.
Commr.
Hanson commended staff and Dr. Amon for moving forward and investigating the
matter, noting that the opportunities for emergency services and emergency
situations are obvious, in that it will give the County the opportunity to
outreach into the communities. She
stated that, in every study analysis that has been done of the County, it ranks
very high in low income people and the health care provided to them. She stated that one of the biggest obstacles
is transportation, so she feels this is a tremendous opportunity for moving
forward in having healthier communities throughout the County. She stated that she sees this as a big
opportunity for helping the elder citizens of the community. She stated that she is very excited about the
Mobile Health Clinic, noting that she feels it is an opportunity that the
County should not pass up. She stated
that there will be a financial commitment involved; however, she feels that the
returns from that investment will be invaluable to the quality of life in Lake
County.
Dr.
Amon stated that the Health Department is committed to the mobile clinic,
noting that they are looking at taking some one time FEMA dollars ($50,000)
that they, hopefully, will receive as reimbursement from the hurricanes and
invest it in helping to purchase the vehicle.
He stated that they do not want to spend the FEMA dollars on reoccurring
expenses, so this will be an excellent opportunity for investing that
money. He briefly discussed how the
vehicle will be used, noting that they plan to rotate it throughout the County
on a four day per week basis, taking the fifth day off for any maintenance that
may be needed. He stated that the
schedule may change, but, at the present time, that is the plan. He noted that he would provide the Board with
periodic updates, possibly a quarterly status report, indicating where they are
and how many people they are seeing on the mobile clinic, broken down by
district.
It
was noted that the vehicle will not be available until February or March of
2005.
On a motion by Commr. Hanson,
seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board
approved a request from Community Services for approval to purchase the Mobile
Health Clinic vehicle from the Howard Phillips Center for Children &
Families Foundation; and allocation of the dollars needed to paint the vehicle.
Commr.
Hanson, Mr. Smith, and Dr. Amon were commended for their efforts and hard work
in making this become a reality.
OTHER
BUSINESS
REAPPOINTMENTS
TO LAKE COUNTY LOCAL PLANNING AGENCY
On a
motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board reappointed individuals to vacant positions on the
Lake County Local Planning Agency (LPA), as follows:
District 1
David Jordan
District 3
Michael Carey
Sean Parks (At-Large)
District 5
Nadine Foley
REAPPOINTMENTS
TO LAKE COUNTY BOARD OF ADJUSTMENT
On a
motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously,
by a 5-0 vote, the Board reappointed individuals to vacant positions on the
Lake County Board of Adjustment, as follows:
District 3
Henry Wolsmann
District 5
Mary Link Bennett
REAPPOINTMENTS
TO LAKE COUNTY ZONING BOARD
On a
motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a
5-0 vote, the Board reappointed individuals to vacant positions on the Lake County
Zoning Board, as follows:
District 1
Tim Morris
District 3
James Gardner
District 5
Paul Bryan
APPOINTMENT TO LAKE COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 5-0 vote, the Board appointed Mr. Raymond San Fratello to the Lake County
Industrial Development Authority, to complete the unexpired term of Mr. Cecil
Schumacker, ending March 10, 2006.
APPOINTMENTS
TO SALES SURTAX OVERSIGHT ADVISORY COMMITTEE
On
a motion by Commr. Stivender, seconded by Commr. Hanson and carried
unanimously, by a 5-0 vote, the Board appointed Constitutional Officers named
designees to the Sales Surtax Oversight Advisory Committee, to serve the next
four year term, beginning January 4, 2005, as follows:
Clerk of the Circuit Court
Barbara Lehman
Property Appraiser
Robbie Ross
Sheriff
Not seeking representation on
committee at this time.
Supervisor of Elections
Not seeking representation on
committee at this time.
Tax Collector
Not seeking representation on
committee at this time.
APPOINTMENTS TO LAKE COUNTY AGRICULTURAL ADVISORY
COMMITTEE
The Board postponed action regarding
the appointment of individuals to the Lake County Agricultural Advisory
Committee until a later date.
REPORTS -
DEED TRANSFERRING COUNTY-OWNED PARCEL
TO CITY OF
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 to execute a deed, for the transfer of a county-owned parcel
(Alternate Key No. 1242924) to the City of Eustis.
REPORTS
-
NOTICE
OF TERMINATION LEASE TO CITY OF
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board approved a request from the County Attorney for
approval to provide a Notice of Termination Lease to the City of Mascotte, for
the Mascotte Maintenance Barn.
REPORTS
EXTENSION OF LEASE AGREEMENT WITH EAST LAKE CHAMBER OF
COMMERCE FOR EAST LAKE
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 to extend the Lease
Agreement with the East Lake Chamber of Commerce, for the East Lake County
Library.
REPORTS
RENEWAL OF LEASE AGREEMENT BETWEEN LAKE COUNTY AND
VETERANS OF FOREIGN WARS OF THE UNITED STATES, POST 10474
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 to renew the Lease
Agreement between Lake County and the Veterans of Foreign Wars of the United
States, Post 10474.
REPORTS
UPDATE REGARDING WRIGHT VS.
Mr. Sandy Minkoff, County Attorney,
updated the Board on the Wright vs. Lake County case, with regard to Donmar
Road, noting that the Public Works Department has been looking for alternative
right of way and has a couple of possibilities.
He stated that the County may have to spend a few thousand dollars, in
order to purchase the right of way, but, should they be successful in working
something out, staff will bring a contract back to the Board at a later date
for approval.
REPORTS COMMISSIONER CADWELL
DISTRICT 5
APPOINTMENT
TO LAKE-SUMTER EMS BOARD OF DIRECTORS
On
a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously,
by a 5-0 vote, the Board appointed Mr. Frank Royce as the League of Cities
representative to the Lake-Sumter Emergency Medical Services (EMS) Board of
Directors.
REPORTS
COMMISSIONER CADWELL DISTRICT 5
USE OF ATVs AND OFF-ROAD VEHICLES IN RESIDENTIAL AND
RURAL-RESIDENTIAL AREAS
Commr. Cadwell stated that he would
like to have the Board ask the County Attorneys Office and the Planning
Department staff to look to other counties and bring back some language
regarding the use of ATVs (all terrain vehicles) and off-road vehicles, such
as dirt bikes, go carts, etc., in residential and rural-residential areas.
On
a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously,
by a 5-0 vote, the Board directed staff to do so.
REPORTS
COMMISSIONER POOL DISTRICT 2
PROPOSED TRAIL BETWEEN LAKE-SUMTER COMMUNITY COLLEGES
SOUTH CAMPUS AND
Commr. Pool stated that he was
informed by the Public Works Department that the Countys last missing link for
the proposed trail between Lake-Sumter Community Colleges South Campus and
Orange County, being Center Lake Properties, will be going out to bid sometime
in February of 2005, so the trail should become a reality very soon. He stated that he appreciated all of staffs
hard work, with regard to the matter, noting that the properties were not
always easy to acquire.
REPORTS COMMISSIONER HILL
CHAIRMAN AND DISTRICT 1
APPOINTMENT/REAPPOINTMENT OF COMMISSIONER
LIAISONS/MEMBERS FOR LAKE COUNTY BOARDS AND COMMITTEES
A motion was made by Commr. Cadwell
and seconded by Commr. Pool to confirm the appointment/reappointment of
Commissioner liaisons/members for Lake County Boards and Committees; and to
approve the execution of Resolution No. 2005-5, appointing the Commissioner
member to the Lake County Tourist Development Council (TDC).
Under discussion, Commr. Hanson
stated that she spoke with the County Manager, Mr. Neron, about reactivating
the County-Wide Solid Waste Study Committee and the Environmental Protection
Advisory Committee, but keeping them separate.
She stated that there was some discussion about merging the two
committees; however, she feels it would be prudent to keep them separate.
Mr. Neron stated that he would like
to look at the Resolution that formed said committees, noting that the Board
may want to change some of their direction.
He stated that, where they were more of an operational review committee,
staff would now like for them to look at planning aspects for the future.
Discussion occurred regarding the
fact that the Board would be meeting on February 8, 2005, for a presentation
and direction from the Board regarding the Countys Master Space Study.
Commr. Cadwell interjected that he
would like for the Board to be presented with an accounting of the solid waste
fund and what the County has planned for said dollars at that meeting, at which
time it was noted that said issue was on the agenda for the Board Retreat,
scheduled to be held February 14, 2005.
The Chairman called for a vote on the
motion, which was carried unanimously, by a 5-0 vote.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at
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