The Lake County Board of County Commissioners met in regular session on Tuesday, July 7, 1992, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; and Toni M. Riggs, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.
MINUTES
It was the consensus of the Board to postpone action on the following sets of minutes:
May 5, 1992 Special Meeting
May 19, 1992 Regular Meeting
May 26, 1992 Regular Meeting
June 2, 1992 Regular Meeting
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
COMMITTEES/LIBRARIES
The following plaques were presented by Commr. Bakich, Chairman, to the Past Library Board Members:
Clayton Bishop 1988-1990
Robert Brinson 1988-1990
Shirley Colvard 1989-1990
Alta Trask 1988-1990
Rev. E. J. Halter (not present) 1988-1990
Sarah Jane Hewitt (not present) 1987-1991
FIRE PROTECTION/RESOLUTIONS
The following resolutions were presented by Commr. Bakich, Chairman:
Resolution to Timothy Collier in appreciation of his service and for being the recipient of "Firefighter of the Year" of 1991.
Resolution to Douglas Auriemma in appreciation of his service and for being the recipient of "Firefighter of the Year" for 1991.
PUBLIC HEALTH/RESOLUTIONS
The following resolution was presented by Commr. Bakich, Chairman:
Resolution to Fred Baki expressing appreciation for his dedication and community spirit and congratulating him for being recognized as a "Point of Light".
Mr. Baki appeared before the Board to express his gratification to all of those who have assisted as volunteers in the Cottage Education Corporation, and introduced to the Board
Ms. Judy Pearson, who has been with the Corporation for over two years. Ms. Pearson extended her gratification to Mr. Baki for developing the program, and to those who have worked in this capacity.
OUTDOOR RECREATION/RESOLUTIONS
Commr. Bailey discussed the evolution of the Park Pals Playground Project, and introduced the following: Ms. Terri Coole, Mr. Jordan Coole; Mr. Randy Coole; Mr. Bobby Pool, Mayor of Clermont; Mr. Josh Thomas, Mayor of Mascotte; and Ms. Noradelle Hess, City Clerk of Minneola. At this time, Commr. Bakich presented the appropriate resolutions to those individuals appearing before the Board.
Ms. Coole extended her appreciation to all who were involved with the project, and for the cooperation received between the four communities.
COUNTY EMPLOYEES
Presentation of Plaques to Employees with Five Years of Service
Ms. LeEster Koranteng, Personnel Manager, appeared before the Board and presented a brief background history on the following individuals, with Commr. Bakich, Chairman, presenting the plaques:
Earl Ronnie Allen, Certified Building Inspector, Building and Code Enforcement
James E. Anderson, Corrections Sergeant, Corrections
Thomas DePaolo, Welder/Mechanic, Maintenance Shop
Suzanne M. Osborne, Permitting Technician, Building and Code
Enforcement
Tensley D. Williams, Equipment Operator I, Maintenance
Area I
Presentation of Plaques to Employees with Ten Years of Service
Dorothy C. Heald, Secretary II, Agricultural Center
Louis Webb, Custodial Supervisor, Building Custodians
(Mr. Chuck Pula, Parks & Facilities Director, accepted
the plaque for Mr. Webb, who was not present.)
Presentation of Employee of the Month Plaque and Savings Bond
Laura J. Nichols, MSAG Coordinator, E 9-1-1, Director's
Office, Health & General Services Department was selected
as Employee of the Month for July 1992.
Presentation of Plaques to Retirees
John Helblig, 12 years of Service, Custodial Crew Leader,
Building Custodians, Parks & Facilities Division, Public
Works Department
Lillian M. Helblig, 19 years of Service, Personnel Aide,
Office of Personnel
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests:
Accounts Allowed
Payment of County bills and bills of indigents, Warrant #153177 through Warrant #153670, for the following accounts:
County Transportation Trust Landfills
General Revenue Fire Districts
Capital Outlay Resort & Development Fund Tax
Private Industry Council Mosquito Control
Aquatic Weed Miscellaneous/Gas Fund
Animal Shelter Trust Fund Emergency 911 Fund
Countywide Library Section 8
Commissary Trust Fund Law Library
Northeast Ambulance Greater Hills MSTU
Special Assessments Road Impact
Accounts Allowed/Budget Transfers/Deeds
Transfer from the Clerk's Account to the Board of County Commissioner's Account unclaimed excess proceeds due landowners on applications for the tax deeds totaling $12,078.14.
Accounts Allowed/Courts-Judges
Satisfaction of Judgments, as follows:
a. Case No. 91-1517-CF, State of Florida vs. Jody Lewis Reed,
in the amount of $50.00.
b. Case No. 80-1028-CJ, Paul James Bush, Juvenile, Lloyd Bush
and Joann Bush, Parents, in the amount of $150.00.
c. Case No. 84-46-CJ, Paul James Bush, Juvenile, Lloyd Bush and
Joann Bush, Parents, in the amount of $150.00.
d. Case No. 88-1802-CFA, State of Florida vs. Paul James Bush,
in the amount of $250.00.
e. Case No. 88-1802-CFA, State of Florida vs. Paul James Bush,
in the amount of $250.00.
f. Case No. 87-06692TT00134, State of Florida vs. Bibb Jacobs,
in the amount of $2,470.00.
Utilities
Acknowledged receipt of the Notice from the Florida Public Service Commission regarding a Notice of Hearing to Florida Power Corporation - Re: Petition for Authority to Reject Standard Offer Contracts. Hearing held June 29, 1992, at Tallahassee.
Utilities
Acknowledged receipt of the Notice from the Florida Public Service Commission regarding a Notice of Hearing to Florida Power Corporation, et al, 9:30 a.m., 101 East Gaines Street, Room 106 - Fletcher Building, Tallahassee, Florida, on the following dates:
July 9-10, 1992 Thursday - Friday
July 13-17, 1992 Monday - Friday
July 20, 1992 Monday
July 22-24, 1992 Wednesday - Friday
Municipalities/Ordinances/Zoning
Acknowledged receipt from the City of Eustis, Ordinance No. 92-15, effective June 4, 1992, annexing and rezoning from C-P Commercial District (County zoning) to P-D Planned Unit Development-Commercial (City zoning) with C-2 uses to be included with adjacent property as a proposed Planned Development two lots on the north side of Lake Saunders Drive and East of Leisure Living Furniture, Inc.
Accounts Allowed/Courts-Judges
Acknowledged receipt fo the Monthly Distribution of Revenue Traffic/Criminal Cases, Month ending May 31, 1992, in the amount of $126,663.40. (Same period last year: $145,531.79).
COUNTY MANAGER'S CONSENT AGENDA
Mr. Peter Wahl, County Manager, requested that Item (B) (2),
Page 3, regarding the request from Environmental Services, in the amount of $6,643.99, be pulled.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanmously, the Board approved Tabs 1 through Tab 22, as follows, with the exception of Item (B) (2), Page 3, as requested by Mr. Wahl:
Administrative Services/Budgets
Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other srvices that do not require bids or quotes, as follows:
(A) Specifications:
(These are specifications only.)
(1) Health & Gen. Specifications for $ 11,000.00
Svc. Fire Svc. stainless steel to
FS9-153 fabricate tanks &
side boxes for fire
trucks.
(2) Public Works Annual Traffic Sign $ 20,000.00
Road Oper. Materials Bid. Bid FY est.
#009-550-092-093.
(3) Administrative Annual Automotive $ 60,000.00
Svc. Purchasing Parts Bid. Bid #
001-060-093.
(B) Awards Bids and Encumber Funds:
(1) Environmental Ringhaver Equipment Co./ $ 31,268.93
Svc. Solid 950F Caterpillar diesel
Waste powered wheel loader.
SW-12359 Lease/Purchase per year
$31,268.93. Bid #060-
760-093. Budgeted item.
5-year purchase #131,890.00.
(2) Health & Gen. Master Communication $ 8,625.00
Svc. EMS 5) generators for
#044 emergency response
trucks. Bid #038-285-092.
(3) Capital Impv. Todd Moving & Storage/ $ 41,860.00
Infrastructure Materials, Labor, Equip.
Sales Tax Fund and supervision necessary
CJF-3021 to relocate departments
to New Judicial Center.
RFP-3012-092. Low bid.
(4) Capital Impv. Schevling Const./ $448,718.00
Infrastructure Materials, Labor,
Sales Tax Fund Equipment, and
RSFP-001 Supervision to design
build Lake County
Record Storage Facility.
RFP#DB-1-A.
(C) Approve Quotations and Encumber Funds:
(1) Corrections Tavares Hardware/ $ 2,086.82
Main -071 Nuts and Bolts Bin
supply system for Maint. Dept. @ Jail.
(2) Public Works Grainger/ Low bid $ 2,321.98
Energy Mgmt. Testing equipment to
RB- 8164 to be used with Honeywell
Automatic Computer System
for energy management.
(3) Public Works Wick's Consulting Service $ 1,200.00
Parks & Fac. Phase I environmental
RB-8175 assessment on property
location edgewater beach
sub-division, block B lots
2, 3, & 4.
(4) Public Works AAA Garage Doors/ $ 1,640.00
Road Operations To remove 6 overhead
RB-8163 roll-up doors from Minneola
and reinstall at Mascotte
maint. facility.
(5) Environmental Lab Safety Supply/ $ 3,686.80
Svc. Pollution Low bid on ceiling
Control -PC-058 mount automatic fire
extinguishers. To be
be mounted in Lab.
(D) Encumber Funds Previously Authorized:
(1) Public Works Fla. Midland R.R./ $ 1,404.00
Road Operations Lease #34-017 Crossing
RB-8183 Maint. and Lease #41-019
Crossing. Maint.
agreement #M-76.
(2) Environmental Post, Buckley, Schuh $ 15,000.00
Svc. Solid & Jernigan, Inc./
Waste Quarterly landfill
LFE-73 monitoring thru Sept.
30, 1992. Contract #
P-470.
(3) Development Henigar & Ray, Inc./ $ 4,500.00
Planning Change order to P.O. Increased
PL-2288 #67710 to cover amount.
additional contractual
services. Cont.#P-475
New P.O. total $54,500.00
(4) Capital Imp. Barton Malow Company/ $224,000.00
Infrastructure Supplemental req. to
Sales Tax Fund P.O. #58578 to increase
CJF-046 Blanket P.O. for progress
payments.
(E) Approve Other Payments and Encumber Funds:
(1) Health & E.L. Williams/ $ 1,500.00
Gen. Svc. Blanket P.O. for
FS6-082 fuel at station
91 for remainder
of FY 1991-92.
(F) Approve Services That Do Not Require Bids:
(1) Corrections Florida Power Corp./ $140,000.00
COR-658 Blanket P.O.to encumber
funds for May thru Sept.
1992 for service for Old
Jail, Prelude and New Jail.
(2) Corrections Quality X-Ray, Inc./ $ 1,170.00
MED-120 Radiology service to
corrections facility for
April, 1992.
(3) Environmental London Fog/ $ 5,681.00
Svc. Mosquito Mosquito Spray
Mgmt. MC105 Unit. Currant
standard equip.
in use is London
Fog Ultra Low Vol.
Sprayer units. Sole
Source.
(4) Health & General CLSI/ peripherals $ 2,829.96
Services for quarter 7/1/92 thru
9/30/92 - Library Computer
system Maint. Cont. #B329.
(5) County Managers Husebo Advertising and $ 65,800.00
Office - Tourist Public Relations/ Encumber
Devel. TDC-174 funds for ten months of
twelve month contract for
advertising between Lake
County and Husebo Adv.
FY 1992-93.
(6) County Managers Husebo Advertising/ $ 15,000.00
Office - Tourist Two Months of a Twelve
Devel. TDC-173 Month contract for
advertising.
(7) Public Works Sunshine Auto Service/ $ 1,627.22
Road Operations Parts & Labor to remove
RBM-13647 and repair engine on a
1985 Cherokee Jeep.
Property #8495.
Accounts Allowed/Budget Transfers/Resolutions/Private Industry
Council
a. Budget Transfers, as follows:
1. Fund: Mosquito Control
Department: Environmental Services
Division: Mosquito Management
From: Operating Expenses $23,771.00
To: Operating Expenses $23,771.00
Transfer #: 92-0151
2. Fund: General Fund
Department: Public Works
Division: Parks & Facilities
From: Operating Expenses $18,000.00
To: Operating Expenses $18,000.00
Transfer #: 92-0155
3. Fund: General Fund
Department: Corrections
Division: Detention
From: Personal Services $11,938.00
To: Operating Expenses $11,938.00
Transfer #: 92-0161
4. Fund: Sales Tax Bond Construction
Departmnet: Capital Improvements
Division: Main Jail Project
From: Operating Expenses $671,717.00
To: Personal Services $ 5,200.00
Operating Expenses $586,517.00
Capital Outlay $ 80,000.00
Transfer #: 92-0158
5. Fund: General Fund
Department: Sheriff
From: Contingency-Sheriff $15,000.00
To: Law Enf.-Other Expenses $15,000.00
Transfer #: 92-0177
6. Department: Sheriff
Fund: Law Enforcement $78,931.24
Transfer #: 92-0167
Other Charges - Lake Sumter Comm. College,
Drug Free Scholarship
Program $10,000.00
Operating Supplies - Badges, D.A.R.E.
Bumper Stickers, Pins,
and Tee Shirts; Rulers $ 1,648.91
Capital Outlay - Computer Video Imaging
System & Accessories;
52 Aluminum Sign Blanks $67,282.33
b. Resolution requesting that the JTPA Fund be amended to increase the total budget to include unanticipated revenue received from Volusia, Lake, Flagler, Private Industry Council, Inc., in the amount of $137,080.00, to support training for the local Summer Young Employment Program.
Accounts Allowed/Courthouse/County Buildings & Grounds
Request to order 185 phones (and necessary associated equipment) for the Lake County Judicial Center. Estimated cost: $55,958.64.
Environmental Services/Contracts, Leases & Agreements
Ordinances
Request for approval of a septic franchise for Mills Septic Service and National Sanitation Company, and approval of the requested exemptions from Solid Waste Ordinance.
Accounts Allowed/Budgets/Environmental Services
Request to approve Work Plan Budget for Arthropod Control for FY92-93 to receive estimated $15,000.00 in State funding.
Environmental Services/Pollution Control
Request to approve the designation of the oak tree as a Speciman Tree to be protected and preserved - originated by
Mrs. Doris Kohl.
County Employees/Personnel
Request to approve the certificates to employees with one and three years of service.
Personnel
Request to approve the adoption of the Equal Employment Opportunity Plan for Lake County.
Contracts, Leases & Agreements/Planning & Development
Subdivisions
Request to approve to execute an agreement between Lake County and The Greater Construction Corporation for eight building permits to be issued in Greater Groves, Phase 2, prior to final plat approval.
Bonds/Planning & Development/Subdivisions
Request for final plat approval and acceptance of a performance and payment bond for Greater Groves, Phase II (93 lots in District 2), subject to final review by the County Attorney.
Accounts Allowed/Planning & Development/Subdivisions
Request to release escrow for maintenance in the amount of $3,285.00, for Spence Estates.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an irrevable letter of credit in the amount of $25,000.00, for maintenance in King's Cove, Fifth and Sixth Addition.
Deeds/Rights-of-Way, Roads & Easements
FOR LARGE LOT WAIVER
Frank, John & Kay Cappleman, District 2
Terry W. Edwards, Jr., District 2
Bonds-Mobile Home
Request for the extension/renewal of existing Mobile Home Bond:
George Rossell - West Eustis/Lake Eustis area - District 5
Bonds-Mobile Home
Request to cancel Mobile Home Bonds, as follow:
John Anderson - Groveland area - District 2
Barbara Love - Umatilla area - District 5
Nancy Gentry - Umatilla area - District 5
Insurance
Request to revise Group Health Plan benefits retroactively to 4-1-92 to broaden coverage for reconstructive/corrective surgeries.
Municipalities/Public Works
Request from the Mt. Dora Center for the Arts to close Old 441 in Mt. Dora from 6:30 p.m., Friday, February 5, 1993 to 8:00 p.m., Sunday, February 7, 1993, for the 18th Annual Mt. Dora Arts Festival.
Municipalities/Public Works
Request from Mt. Dora Village Merchants to close Donnelly Street and 5th Avenue in Mt. Dora on October 24th and 25th, 1992, for Craft Fair.
Signs/Resolutions/Subdivisions/Public Works
Request to post speed limit signs in the Crescent Cove Subdivision area, on the following roads:
1. Old Lake Unity Rd. 1-5911 25 mph
2. Emmaus Rd. 1-6011 25 mph
3. Dogwood Dr. 1-5913 25 mph
4. Magnolia Ridge Dr. 1-5913A 25 mph
5. Royal Oak Dr. 1-5814B 20 mph
6. Elm Circle 1-5815A 20 mph
Signs/Resolutions/Subdivisions/Public Works
Request to post speed limit signs in Lake Harris Landing Mobile Home Park, on the following roads:
1. Shenandoa Drive 2-3212A
2. Helena Run Drive 2-3212B
3. Hazel Top Court 2-3212C
Deeds/Road Projects
Request to accept the following Statutory Warranty Deeds:
For Road Project
Judith G. Ceribelli, French Road, #5-7611A
Franklin D. Longenbach and Brenda P. Longenbach,
Phillips Road, #2-1024
Frederick Gale and Joanne V. Gale, French Road, #5-7611A
Albert C. Jones and Loretta Astor Jones, French
Road, #5-7611
Robert J. Morin and Carol A. Morin, Ranch Road, #3-2854
Kenneth G. Morin and Joyce I Morin, Ranch Road, #3-2854
For Lot Approval
Don Monn, Mill Creek Road, #4-6583
Blue Sink Groves, Inc., Turkey Lake Road, #2/3-2924 and
Number Two Road, #2-3024
Edward J. Cehi and Louise M. Cehi, Fish Camp Road,
#5-6748
Raymond E. Olds and Delores M. Olds, Layton Street,
#5-5440
Deeds/Roads-County & Street
Request to reserve the following Murphy Act State Road Reservations:
Deed No. 2625 Helen A. Hutt
Reserve 33 ft. from centerline on Lochmore Circle #4-4188C
Deed No. 2835 Helen A. Hutt
Reserve 33 ft. from centerline on Eufaula Avenue
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the amendment to the Interlocal Agreement between Lake County and Orlando/Orange County for Conserv II, subject to final review by the County Attorney's Office.
RESOLUTIONS/POLLUTION CONTROL
Mr. Jim Barker, Director of Pollution Control, appeared before the Board to discuss the resolution adopting the Storm Water Management Design Standards as an appendix to the LDRs. He stated that they were left out of the original Land Development Regulation (LDR) document process, but are the same ones that were reviewed by the LDR Committee and adopted.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carrried unanimously, the Board approved the resolution adopting the Storm Water Management Design Standards as an appendix to the LDRs.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/ENVIRONMENTAL SERVICES
Discussion occurred regarding the appointment of a representative to the Solid Waste Study Committee replacing Theodore C. Featherstone.
Commr. Hanson stated that she did not have a recommendation at this time.
No action was taken by the Board, with the issue to be brought back at the next meeting.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/ENVIRONMENTAL SERVICES
Mr. Pete Wahl, County Manager, informed the Board that
Mr. Richard Boliek is requesting reappointment to the Pollution Control Board to serve as the Citizens Representative. He stated that an appointment needed to be made to the Agricultural Community Representive position. It was noted that Mr. William Ray was requesting not to be reappointed to this position.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the reappointment of
Mr. William Boliek to the Citizens Representative position on the Pollution Control Board.
COUNTY EMPLOYEES/PERSONNEL
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved to post and fill the following position:
Administrative Services/Budget Analyst:
Senior Management & Budget Analyst - Pay Grade 611-00
Salary: $30,127.50
COUNTY EMPLOYEES/PERSONNEL
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to post and fill the following position:
Administrative Serivices/Budget Analyst:
Management & Budget Analyst - Pay Grad 606-00
Salary: $23,614.50
COUNTY EMPLOYEES/PERSONNEL
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved to post and fill the following position:
Environmental Services:
Environmental Enforcement Specialist - Pay Grade 127-01
Salary: $19,110.00
COUNTY EMPLOYEES/PERSONNEL
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved to post and fill the following position:
Risk Management:
Insurance Specialist - Pay Grade 120-01
Salary: $13,572.00
COUNTY MANAGER'S CONSENT AGENDA - ADDENDUM #1
ENVIRONMENTAL SERVICES/POLLUTION CONTROL/LANDFILLS
Mr. Peter Wahl, County Manager, discussed the request received from Town & Country Refuse, Inc. and Coddings' Sand & Soil, Inc., for retroactive approval for permission to transport Benlate contaminated plants and debris out of the County.
Mr. Mike Anderson, Interim Director of Environmental Services, appeared before the Board and stated that a third party, Theophilus, Inc., has requested permission to perform the same request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board retroactively approved the request from Town & Country Refuse, Inc., Coddings' Sand & Soil, Inc., and Theophilus, Inc., for permission to transport Benlate contaminated plants and debris out of the County.
COUNTY MANAGER/MEETINGS
Mr. Peter Wahl, County Manager, informed the Board of a staff workshop on July 10, 1992, from 10 a.m. until 2 p.m., in the Board's Conference Room, with Jake Varn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.
Mr. Wahl informed the Board that the staff will be working on a community improvement project at Summerall Park on July 18, 1992, at 8:30 a.m., and cordially invited the Board members to attend.
COUNTY ATTORNEY'S MATTERS
PLANNING & ZONING/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that a Petition to Intervene in the Department of Community Affairs (DCA) Administrative Hearing on the Comprehensive Plan has been filed by Mr. Claude Smoak, representing himself, and on behalf of the Lake County Cattleman's Association and the Lake County Farm Bureau, and that an timely response will be made.
PLANNING & DEVELOPMENT/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Corinthian Park/Padilla Administrative Hearing Officer found in favor of the Department of Community Affairs (DCA), and the issue is now going to the Cabinet and Governor tomorrow. She stated that Mr. Tim Hogen, Assistant County
Attorney, will be attending the hearing tomorrow and will be making a presentation based on the law.
COMMISSIONER BUSINESS
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.
ACCOUNTS ALLOWED/COURTS-JUDGES
Ms. Annette Star Lustgarten, County Attorney, addressed the request for the payment of costs, in the amount of $750.00, which were incurred by Peter Mattix in the Court Case of State of Florida vs. Peter Mattix. She explained Chapter 939, Florida Statutes, Costs, which sets forth the procedure to be utilized when a request of this nature is made. Ms. Lustgarten stated that she has reviewed the request and recommended approval of the costs as appropriate and correct.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the payment of costs, in the amount of $750.00, which were incurred by Peter Mattix in the Court Case of State of Florida vs. Peter Mattix, as recommended by the County Attorney.
Discussion occurred regarding the possible need to set up a fund for this type of expenditure, because of other pending cases involving substantial costs. Ms. Lustgarten stated that the Florida Statute is quite clear on the process required on such issues.
Ms. Lustgarten stated that there is a constitutional provision that requires payment of all costs related to the judiciary, and there has been some controversy about the State having adopted a series of statutes which passed certain court related costs onto local government. The Florida Association of Counties has retained the services of Mr. Alan Sunberg to review the possibility of initiating litigation against the State in relation to Article 5,
Costs. She stated that, at the most recent Florida Association of County Attorneys' meeting, the Board voted not to recommend litigation on this particular issue at this time, considering the economy and the state of State government.
Commr. Swartz discussed the Board passing on information to the State Association, in order to alert the elected officials of the upcoming issue that the Board will be facing in the near future.
Discussion occurred regarding proposing a resolution, at the appropriate time, to the Legislative Delegation, with
Ms. Lustgarten stating that it would be most appropriate to make the Florida Association of County Commissioners, who would be the lobbying entity, aware of the concerns that the Board has in regards to the issues relating to Chapter 939, Florida Statutes.
Mr. Pete Wahl, County Manager, stated that there is an ongoing committee through the Florida Association that is looking at this issue, and is drafting legislation for consideration.
Ms. Lustgarten stated that she would keep the Board updated on this issue.
RECESS & REASSEMBLY
At 9:50 a.m., the Chairman stated that the Board would recess until 10:00 a.m. for the scheduled public hearings.
PUBLIC HEARINGS/TIMES CERTAIN
BUDGETS/COUNTY MANAGER
At 10:00 a.m., the Chairman announced that the advertised time had arrived for the presentation of the FY92-93 Budget.
Mr. Peter Wahl, County Manager, informed the Board that the budget workshops are scheduled for July 9th and July 14th to review the proposed budget. He stated that, at the workshop on July 9th, he has invited the Constitutional Officers to address the Board on their individual budgets. He further stated that staff has not had the opportunity to discuss line item detail with those offices, but that he will be setting those reviews in the next several weeks. Mr. Wahl distributed to the Board clarification from the Clerk
that there is $29,681.00 in Capital Equipment reflected in his budget, and was not segregated from his budget in his budget submittal. After meeting with the Clerk's staff, he is recommending that the items identified in the memorandum be purchased from Infrastructure Sales Tax, thereby reducing his requested transfer from the General Fund in the same amount. Mr. Wahl stated that reductions and changes will be coming to the entire budget in the coming months, prior to final adoption.
Mr. Wahl suggested that, at the workshop on July 9th, the Board identify additional areas in which it has concerns, or issues that the Board would like to see addressed, and that the July 14th meeting be used to provide additional information, and answers to questions that may arise. Mr. Wahl suggested that the Board set Tuesday, July 28th, as the date on which the advertised millage for trim notice purposes is established. Following the Constitutional Officers on the July 9th, he proposed that the Board review the General Fund, the Transportation Fund, the Fire Service budget, and the Solid Waste Enterprise Fund. He stated that he is satisfied that he will be able to meet the Board's goal of a "hold-the-line" budget.
Mr. Wahl stated that this has been a unified and conserted effort on the part of all parties involved, and he publicly expressed his appreciation to the Board, the Board's staff, the staff of the Constitutional Officers, and the Constitutional Officers themselves.
Commr. Swartz discussed the increase in the budget during the mid-year in the funding to the Health Department for the rabies control, due to the loss of State funding, and requested that this issue be reviewed to determine whether or not any of those costs can be recovered due to a change in the fee structure. He stated that an option might be to determine a percentage, and ask the cities to share in their portion of that animal control rather than an increase in fees.
Commr. Hanson questioned the figures in the County Fire Control that have dropped, and stated that the figures should not have gone below the 1990-91 levels, because the County brought in vacant lots.
Ms. Kathy McDonald, Interim Director of Health and General Services, stated that it is possible that the interfund transfers are included in the number before the Board.
Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, addressed the Board on this issue and stated that staff will prepare the necessary figures for comparison and provide them to the Board for review.
Commr. Swartz commented on the reduction of figures on the expenditure side of all of the departments, with Mr. Wahl presenting an explanation, which involved the impact with the removal of lease costs and other related costs for the operational lease space.
Discussion occurred regarding the budget of the County Parole and Probation service, which is currently reflected in the Clerk's budget.
Commr. Hanson questioned the designated funding for the Children's Services, in the amount of $50,000.00, and whether it is contracted with salary and benefits, with Mr. Wahl presenting an explanation in terms of negotiation of the contract.
Commr. Hanson commented on the idea of the grant funds for the Genesis program being matched.
Mr. Wahl requested that the Board provide any questions to staff before Thursday, July 9th, so that they can be answered at that time, with the second scheduled meeting possibly being eliminated.
RECESS & REASSEMBLY
At 10:16 a.m., the Chairman announced that the Board would recess until 10:30 a.m. for the next advertised public hearing.
COMMISSIONERS/PLANNING & DEVELOPMENT
Ms. Annette Star Lustgarten, County Attorney, discussed her memorandum dated June 24, 1992, regarding the procedures for conducting quasi-judicial hearings. The memorandum referred to the following cases that affect how the Board of County Commissioners and other County boards are permitted to receive information and conduct certain types of hearings: Jennings v. Dade County and Schatzman (Third District Court of Appeals), and Snyder v. Board of County Commissioners of Brevard County (Fifth District Court of Appeals). The Fifth District Court of Appeals determined public hearings on site specific rezoning applications, as as variances, special exceptions, conditional use permits, and site plan approvals, are quasi-judicial proceedings. This holding differs from a number of Supreme Court decisions and decisions of other District Courts of Appeal which have held that rezonings are legislative acts. However, until the Supreme Court specifically rules on the issues raised in Snyder, it is the applicable law of the Fifth District Court of Appeals.
Ms. Lustgarten stated that she has been meeting with city attorneys, in order to establish a unified approach to quasi-judicial hearings. She stated that she is recommending some procedures that are different than what the cities are recommending. At this time, Ms. Lustgarten reviewed the proposed procedures with the Board.
Ms. Lustgarten stated that the following correction needs to be made to 1. A. Communications Between Board or Commission Member and Public: strike "and written".
Discussion occurred regarding the limited communication being allowed between the Board and the public, with the Board members expressing their concerns.
Ms. Lustgarten stated that the following language needs to be added in Paragraph 1. B. Staff Report: "In the event the staff report is not available, applicant or staff shall have the right to a continuance upon request."
At this time, Ms. Lustgarten explained the term "standing", and the applicant having the right to an automatic continuance. She also clarified that persons who do not file a Notice of Appearance or who file late and do not, in the opinion of the Chairman, demonstrate excusable neglect, are not entitled to seek any delay in the proceedings. Ms. Lustgarten stated that she and staff are in the process of developing language for the notices that will clearly indicate that they are precluded from orally communicating with the Commissioners, and that they can send in written communications, as well as petitions, which will be made part of the record, and made available to the Commissioners before the hearing. This language will also go on the notice in the newspaper and on the notice that is posted on the property. Clar-ification will be made in the procedures so that written communication will be acknowledged properly, with reference being made to the recent case law in the State of Florida.
Ms. Lustgarten continued to discuss the proposed procedures, which included the Notice of Appearance - Valid for Multiple Hearings, and Workshop Meeting Prohibited.
Ms. Lustgarten informed the Board that some of the cities are taking a different approach to Paragraph 5. Communications Between Commissioner and Staff. She stated that, as long as staff is providing objective information to the Board based on the LDRs and the Comprehensive Plan, she sees no problem, or legal impediment, to the communication taking place between the Commissioners and the staff.
Ms. Lustgarten referred to Paragraph 6. (A) Communications, and stated that additional language will be inserted to clarify that there will be a written response made by staff, as to all written communications received by the Board members from the public.
Ms. Lustgarten discussed Paragraph 6. (B) Staff File and stated that additional language will be added to state that the Board members will receive all correspondance coming in, up through the Friday before the hearing date, and that anything coming in after Friday will be submitted at the hearing.
Ms. Lustgarten discussed Paragraph 6. (c) View of Property, with the following language being added after concerns were stated by the Board members: "Members of the Commission may drive by the property and inspect individually, or with staff, but shall avoid speaking to the owners, and the neighbors".
Discussion continued regarding the following procedures, with Ms. Lustgarten presenting an explanation on each paragraph:
7. Basis of Decisions.
8. Conduct of Hearing.
9. Standing
10. Final Orders
11. Files to be Maintained.
12. Applicability.
Ms. Lustgarten stated that the final order issued, which is the ordinance, is required to have in it "findings of facts" and "conclusions of law", which will have to be stated verbally at a Commission meeting. At this time, she explained the term "findings of fact".
Ms. Lustgarten stated that a number of jurisdictions are contemplating the possibility of hiring hearing officers to make these decisions, as an alternative to the Commission making the final decision.
Ms. Lustgarten discussed the status of the Brevard County case and stated that there is no fixed time frame as to when the Supreme Court, or if the Supreme Court, takes jurisdiction.
In summary, Ms. Lustgarten stated that she needs the concurrence from the Board that this will be the process that the Board will be following.
Discussion occurred regarding what information will be made available to the Board as backup material at the hearing, and whether the aerial maps will be supplied.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Procedures for Conduct
of Quasi-Judicial Hearings, with the changes being made to the following paragraphs, as outlined above through discussion:
Paragraph 2. A. Communications Between Board or Commission Member and Public
Paragraph B. Staff Report
Paragraph 6 (A) Communications
Paragraph 6.(B) Staff File
Paragraph 6.(C) View of Property
Ms. Lustgarten stated that the procedures will be submitted to all boards for the County.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:45 a.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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