The Lake County Board of County Commissioners met in regular session on Tuesday, December 12, 1995, 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; William "Bill" H. Good, Vice Chairman; Rhonda H. Gerber; Catherine C. Hanson; and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava Kronz, BCC Office Manager; and Toni M. Riggs, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
Ms. Sue Whittle, County Manager, informed the Board that there were no changes to be made to the agenda, but she did have two items to add under County Manager's Reports, as follows: an update on County parking, and discussion of seeking attorneys to represent the different County Boards.
Discussion occurred regarding the Minutes of November 16, 1995, Special Meeting - Grantham Pit.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board postponed action on the Minutes of November 16, 1995, Special Meeting - Grantham Pit.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the following requests:
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.
Satisfaction of Judgments, as follows:
a. In the Interest of Justin Dale Brown, A Child, Case No. 87-495-CJ, Justin Dale Brown, Cathy Stiefel, in the amount of $50.00. (Final Judgment entered May 21, 1987)
b. In the Interest of Justin Brown, A Child, Case No. 87- 495-CJ, Justin Dale Brown, Cathy Stiefel, in the amount of $50.00. (Final Judgment entered July 23, 1987)
1. Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
From: Renovation - Contractors $450,500
To: Several Accounts $450,500
Transfer #: 96-037
Justification: Unforeseen delays in completion of Sheriff's Administration building has created a need to have expenditures incurred during FY 95/96 from the applicable budget.
2. Fund: General
Department: County Manager
From: Contingency $ 5,700
To: Contractual Services $ 3,200
Travel & Per Diem $ 2,500
Transfer #: 96-038
Justification: Funds are needed for the cost of County Manager's moving expenses and relocation expenses per Employment Agreement. Balance of contingency after transfer is $533,198.
3. Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
From: Renovation $186,500
To: Professional Services $ 86,500
Construction Materials $100,000
Transfer #: 96-039
Justification: Encumbrances carried forward in FY 95/96 exceeded original budget. This is for Professional Services and transfer of funds needed.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following requests, with Tab 7 being removed from the agenda, as requested by Ms. Sue Whittle, County Manager; Tab 13 being pulled for discussion, as requested by Commr. Cadwell; and with Commr. Hanson requesting that Tab 4 not be pulled from the agenda, but that it be scheduled for discussion, or a presentation, in the future:
Contracts, Leases & Agreements/Community Services
Approval and execution of the Consolidated Annual Contributions Contract for Project FL106V00006 (Housing).
Accounts Allowed/Contracts, Leases & Agreements/State Agencies
Approval of the renewal of the AmeriCorps Lake program through contract with the University of West Florida, fiscal agent for the Florida Commission on Community Service, in the amount of $270,883, and authorization for the Chairman to execute the contract and subsequent related documents.
Accounts Allowed/Contracts, Leases & Agreements/Libraries
Approval and execution of McNaughton Book Service Lease Agreement for Cooper Memorial Library, Lady Lake Public Library and Tavares Public Library, and encumbrance of funds in the amount of $22,542.
Approval and execution of Library Services and Construction Act (LSCA) Development Grant Application.
Ordinances/Planning and Development
Approval to record amended Rezoning Ordinance #42-90 (Condev Orlando/US 27 Ltd.)
Accounts Allowed/Bids/Road Projects
Approval to award Old 441/Heim Road Widening and Resurfacing Project No. 5-94, Bid No. B-6-6-02, to Art Walker Paving and Excavating, and to encumber and expend funds in the amount of $375,910.85 from the Road Impact Fee Benefit District 2 Fund - Commissioner Districts 3 and 4.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Roads-County & State
Approval and execution of an Interlocal Agreement between Lake County and the City of Fruitland Park relating to the construction of sidewalk on Dixie Avenue (CR-25A), and authorization to encumber and expend funds in the amount of $10,000 from the Transportation Trust Fund - Commissioner District 1, subject to the County Attorney's review and approval.
Public Services/Water Authority
Approval for the Chairman to send a letter to the Lake County Water Authority encouraging their purchase of the abandoned rail property that runs through the Flat Island Preserve for property access and rail trail possibilities.
Accounts Allowed/Parks and Recreation
Approval to carry over $40,000 of District 4, Parks and Recreation Capital Improvement Program funds into the next funding cycle.
Resolutions/Roads-County & State
Approval of Resolution authorizing the posting of speed limits on the following roads in the South Lake County area: Ridgeview Cir. #2-1043C, Sierra Ct. #2-0850B, Colina Ct. #2-0750B, Bonita Ct. #2-0850B, Toro Dr. #2-0750A, Lake View Ln. #2-1043A, Hilltop Dr. #2-1043D, Mandarin Ct. #2-0943C, Eryn Ct. #2-0943D, Evan Ct. #2-0943A, Overlook Dr. #2-1043B, Mandarin Dr. #2-0943B, Eryn Bv. #2-0943, Lake Ridge Cir. #2-1043, Grandlake Ct. #2-1043E, Oak Knoll Rd. #2-0848B, Oak Knoll W. Rd. #2-0848A, Quail Roost Rd. #2-0848, Vista Del Sol Cr. #2-0849, Calle De Flores Ct. #2-0750, Lago Louisa Ct. #2-0850A, Castilla Ct. #2-0850C, Louisa Ct. #2-0749, and Vista Del Lago Blvd. #2-0850.
Resolutions/Roads-County & State
Approval of Resolution authorizing the posting of speed limits on the following roads in the Bassville Park area: Barksdale Rd. #5-5142, Lincoln Rd. #5-5241, Jeffrey Ct. #5-5241B, Richard Ct. #5-5241C, James Pl. #5-5241D, Pine Ct. #5-5241E, Lake Pines Rd. #5-5341, Linda Ln. #5-5342, Clara Dr. #5-5342A, Hodges Rd. #5-5441, Lackabee St. #5-5438B, Circle Wy. #5-5338, Lockwood St. #5-5438A, Fairmont Av. #5-5439A, Rancho Dr. #5-5340, Virginia Dr. #5-5241A, Lara Lack Av. #5-5538D, Lakeland Av. #5-5538C, Lakeview Dr. #5-5538A, Missouri St. #5-5438, Ocklawaha Dr. #5-5540, Northern Av. #5-5239, S. Haines Creek Rd. #5-5538, and Layton St. #5-5440.
Deeds/Roads-County & State
Acceptance of the following deeds:
Orange Circle, Carlton Village
Charles H. Young and Nancy W. Young
Goose Prairie Rd. #5-6737
Victor Korsakas and Angela Goduto
William F. Polk, Jr., Martha Q. Polk, Trustees
Webster Hill Rd. #5-7873
Roger Giles Rd. #5-7974
Nick D. Faryna and Sharon Y. Faryna
Charles Osborne Rd. #5-7872
Webster Hill Rd. #5-7873
Road Closings - Permission to Advertise
Approval to advertise Road Vacation Petition No. 807 by Douglas Johnson to vacate road (Neighbors Tl.), Hobby Hill Sub., Sec. 28, Twp. 18, Rge. 24, Lady Lake area - Commissioner District 5.
Approval to advertise Road Vacation Petition No. 808 by Harold and Sandra Vick to vacate easement, Sec. 27, Twp. 18, Rge. 24, Lady Lake area - Commissioner District 5.
Approval to advertise Road Vacation Petition No. 809 by Craig Hegstrom to vacate utility easement, Sundance Ridge, Sec. 36, Twp 19, Rge. 27, Sorrento area - Commissioner District 4.
Approval to advertise Road Vacation Petition No. 810 by Ralph and Myrtle Jackson to vacate utility easements, Imperial Mobile Terrace No. 3, Sec. 25, Twp. 19, Rge. 25, Tavares area - Commissioner District 3.
Approval to advertise Road Vacation Petition No. 811 by Robert A. Davis, Reddix Land Trust, to vacate utility easements, Osprey Pointe, Sec. 1, Twp. 23, Rge. 25, Clermont area - Commissioner District 2.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Approval of the release of an Irrevocable Letter of Credit for maintenance in the amount of $13,500 for Wedgewood Club 6th Addition.
Approval of the release of an Irrevocable Letter of Credit for performance of swales in the amount of $2,823.90 for Western Pines Phase 2.
PUBLIC HEARINGS/TIMES CERTAIN
It was noted that the advertised time had arrived for the public hearing on an Ordinance Repealing Lake County Code, Chapter 9, Article III, Official Court Reporter.
Mr. Sandy Minkoff, County Attorney, presented a brief explanation of the proposed ordinance.
The Chairman opened the public hearing portion of the meeting. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved Ordinance 1995-53 Repealing Lake County Code, Chapter 9, Article III, Official Court Reporter.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to present any questions, comments or concerns to the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Ms. Sue Whittle, County Manager, addressed the Board regarding the Resolution to ratify issuance of mortgage revenue bonds, 1996 Series A, in an amount not-to-exceed $65,000,000, by the Orange County Housing Financing Authority. Ms. Whittle informed the Board that the Orange County Housing Financing Authority had offered to make a full presentation to the Board.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Resolution, as stated above, subject to the County Attorney's review and approval, and directed staff to schedule a meeting with the Orange County Housing Financing Authority, and either the Affordable Housing Committee, and/or the Board, as needed.
COUNTY POLICY/PERSONNEL/HUMAN RESOURCES
Ms. Sue Whittle, County Manager, explained the request for approval of Section 400-04 Code of Conduct and Section 400-04A Code of Conduct - Ethics in Lake County Government of the Lake County Personnel Policy Manual. She noted that this had been reviewed by the Personnel Committee, and that it did go further than what was required in State law, but she recommended consideration for approval today.
Commr. Gerber, liaison Commissioner for the Personnel Committee, referred to Page 04-4, Section 04-06-2, Hostile work Environment, and noted that there was no language inserted for this section and therefore, she suggested that it be deleted, until it was addressed by the Personnel Committee.
Mr. Sandy Minkoff, County Attorney, explained that the rules being setforth today were not more strict, in terms of the actual ethical rules, but the procedures had more detail and had more requirements than the Florida Statutes.
Commr. Good suggested deleting the following language on Page 04-1, 04-01 General Statement, C. 2., as follows: "and at all times, refrain from making any derogatory or demeaning remarks concerning each other." He felt that there was a lot of lead way for the interpretation of "derogatory" or "demeaning".
Mr. Minkoff explained that the language being referred to by Commr. Good was vague enough that it would probably not be facially defective, but it could certainly be applied in a way that it might have problems with free speech.
Mr. Jim Stivender, Director of Public Services, and a member of the Personnel Committee, addressed the Board and presented an explanation of the language in Section 04-01, General Statement, C. 2.
Commr. Gerber suggested the following change to Section 04-01, General Statement, C. 2.:
Strike: "Employees shall avoid conduct and speech that is subversive to good order and discipline."
Change: "They" to "Employees" in the second sentence.
Commr. Swartz discussed changing the word "subversive" to "counter-productive".
Mr. Minkoff discussed the connection between Paragraph 2 and Paragraph 5 in Section 04-01, General Statement, C. 2. and stated that he would like the first sentence stricken from Paragraph 2, and to include the change suggested above by Commr. Gerber.
Mr. Joe Grawet, Personnel Manager, addressed Page 04-4, Section 04-06-2, Hostile Work Environment, which was referred to earlier by Commr. Gerber, and stated that it was not needed at this time.
Discussion occurred regarding Page 04-7, Section 04-08, Employees Seeking or Holding Elective Public Office (Other than Lake County Commission Office), B., with Mr. Minkoff explaining that staff was working on some additional rules about conflict of interest with outside employment. He further explained that the language in Section 04-08-1, Employees Seeking/Holding Elective Lake County Commission Office, A., was statutory language, and a section on nepotism was being developed and would be coming to the Board at a later time.
Commr. Swartz discussed Section 04-09, Use of County Property, E. and suggested striking the following language: "without the written permission of the issuing Department Director."
Commr. Good suggested striking the following language in Section 04-10, Failure to Cooperate with Job Related Investigation, B. 2.: "Having appeared, refusing to answer any questions relating to the performance of his official duties and/or any matter relating to any branch of County service or by giving untruthful answers." He expressed a concern with treading on the Fifth Amendment privilege.
Mr. Minkoff presented the Board with an explanation of the Fifth Amendment privilege and stated that there was no question, if an employee refused to answer questions relating to his employment, that he could be terminated.
Commr. Good made a motion to strike B. 2. from Section 04-10, Failure to Cooperate with Job Related Investigation.
The motion died for the lack of a second.
Commr. Swartz suggested that the policies set forth should be gender neutral, and should reflect "employee" or "employees".
Mr. Grawet noted that a disclaimer would be placed in the beginning of the book, if it had not already been included.
Discussion occurred regarding Section 400-04A - Code of Conduct - Ethics in Lake County Government, with no changes being made by the Board or staff.
Commr. Swartz commended Commr. Gerber, staff and the Personnel Committee for their work efforts in developing the newly revised Personnel Policy Manual.
Commr. Good made a motion, which was seconded by Commr. Gerber, to approve Section 400-04 Code of Conduct and Section 400-04A Code of Conduct - Ethics in Lake County Government of the Lake County Personnel Policy Manual, with the following changes:
Page 04-1 - Section 04-01, C. 2. - Delete the first sentence, as follows: "Employees shall avoid conduct and speech that is subversive to good order and discipline."
Page 04-9 - Section 04-09, E. - Delete: "without the written permission of the issuing Department Director."
Under discussion, Commr. Hanson questioned whether there was another section that referred to other types of regulatory departments, such as Code Enforcement, or the Planning Department, so that they did not get into a point of harassment.
Mr. Minkoff referred to Page 04-1, Section 04-01, General Statement, C. 1., and stated that, if the employees were harassing somebody, they would be discrediting the County, and this particular provision would apply.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
PLANNING AND DEVELOPMENT/ORDINANCES
Mr. Tommy Leathers, Chief Code Officer, addressed the Board to discuss the request for approval to advertise an Ordinance that would amend the Lake County Land Development Regulations Chapter XII Hardship Relief, Appeals and Enforcement Section 12.07.02 A, to allow staff to accept anonymous complaints. Mr. Leathers explained that there had been numerous complaints where citizens had come forward and complained, and their names, addresses and phone numbers had been falsely used by other citizens in reporting complaints to Code Enforcement. He further explained that the LDRs did not allow staff to take anonymous complaints, and therefore, he was making a request to allow staff to accept them. Mr. Leathers stated that, after contacting the Florida Association of Code Enforcement, this was probably the only agency in the State of Florida that did not accept anonymous complaints.
Discussion occurred regarding the types of complaints currently being received by staff, with Mr. Leathers noting that staff would continue to get bogus and invalid complaints regardless of the method used, and allowing staff to accept anonymous complaints would probably not reduce the number of complaints received.
Commr. Swartz suggested that, rather than going back to what appeared to be the old policy, the Board consider having some latitude where Code Enforcement could take anonymous complaints about code violations, which were more of an imminent thing, and have someone available to be there. He stated that he would be interested in seeing what has happened to the code cases, by going back into the late 1980s and tracking them. He noted that Code Enforcement had come to the Board during that time, because of anonymous complaints that were being made, and the calls were turning out not to have any validity whatsoever, yet Code Enforcement was spending a lot of time investigating them.
Ms. Sue Whittle, County Manager, explained that Code Enforcement was coming to the Board with what it considered to be a growing problem. She stated that the Commissioners, as well as the County Manager, routinely forward anonymous complaints to Code Enforcement, and basically follow a process that has been established.
Commr. Gerber made a motion, which was seconded by Commr. Good, to approve to advertise an Ordinance that would amend the Lake County LDRs Chapter XII Hardship Relief, Appeals and Enforcement Section 12.07.02 A, and to ask staff to come back with a little bit more of an investigation of how the other cities and counties, that operate in this fashion, were handling this issue.
Commr. Swartz requested that, before the Ordinance came back and was scheduled for a hearing, a record of Code Enforcement cases be made up to this year, beginning with 1988, and after the time the policy was changed, to see what effect it may have had on the process. He stated that he would vote to advertise the ordinance, and based on the information that the Board may get at the public hearing, the Board may modify the Ordinance being proposed.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Commr. Good stated that he would like to see a process developed to verify who was reporting calls.
RECESS & REASSEMBLY
At 10:10 a.m., the Chairman announced that the Board would recess for ten minutes.
DEEDS/PARKS AND RECREATION
Mr. Chuck Pula, Parks and Recreation Coordinator, was present to discuss the request for acceptance of the McTureous Statutory Quit Claim Deed for property and structure.
Commr. Cadwell recognized Mr. Randy Torrence and Mr. Victor Staverman, Greater Altoona Society, and Mr. Basil McTureous, his wife, Myrtle McTureous, and their daughter, Ms. Joyce E. McTureous, who were present in the audience.
Mr. Pula extended his appreciation to Mr. McTureous who had offered to quit claim the house and property to the County. He stated that the Greater Altoona Society had indicated an interest in entering into a long term agreement with Lake County to improve and use the facility. He noted that the matter had been coordinated through the County Attorney's Office.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the acceptance of the McTureous Statutory Quit Claim Deed for property and structure.
CONTRACTS, LEASES & AGREEMENTS/PARKS AND RECREATION
Mr. Chuck Pula, Parks and Recreation Coordinator, was present to discuss the request for approval to enter into a 45 year lease agreement with the Town of Astatula. Mr. Pula noted that he had worked with Mr. Jim Elrod, Mayor of the Town of Astatula, on the agreement, which entailed approximately 29 acres of County owned property. He stated that a conceptual park plan was developed to show what might best suit this particular site.
Mr. Elrod addressed the Board and stated that the Town of Astatula would appreciate having the parcel of property.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to enter into a 45 year lease agreement with the Town of Astatula, for the construction of a park on County owned property, and authorized the Chairman to sign the agreement.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Phyllis Best, who resides in the unincorporated area of District 3, to the Lake County Library Board, for a term ending October 1, 1998.
REPORTS - County Attorney
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
PLANNING AND DEVELOPMENT
Mr. Sandy Minkoff, County Attorney, addressed the Board to discuss the request for approval of the DCA v. Lake County and Butler Groves, Inc. Settlement Agreement. Mr. Minkoff explained that the Settlement Agreement before the Board was identical to the one that the Board had previously discussed. The only change was the attached proposed Vesting Ordinance, and all of the attorneys that had appeared before the Board and the development work sessions, as well as the Department of Community Affairs (DCA), had been given copies of it, and the opportunity to give staff comment. If the Board approved the Settlement Agreement, the Ordinance would be advertised for adoption and would be brought back to the Board at an advertised hearing. Mr. Minkoff noted that Mr. Rolon Reed, the former County Attorney, had been provided with a copy, as well. He explained that the approval of the Settlement Agreement would commit the Board, within 90 days, to adopt an Ordinance similar to the one before the Board, and if the Board did not approve it, the County would then go back into the litigation mode.
Commr. Hanson stated that one of the items that was vested in the Wekiva Protection Area was the lot of record determination, and she did not see this mentioned on Page 3, Section 1.02.03. She stated that anyone that had received a Lot of Record Determination from the County prior to March 12, 1990 should have been vested.
Mr. Minkoff stated that he would review Section 1.02.03 and make sure that it reflected the direction of the Board.
Commr. Hanson had further questions regarding Page 4, 4. Commercial (and Industrial) Development; 5. Non-Exempt Parcels, b.; and Page 7, 14.16.05 Appeal of Decision of County Manager or Designee.
Commr. Gerber stated that she also had questions and would prefer to have each member meet with staff to address issues, with the document being brought back to the Board.
Discussion occurred regarding whether the Board should address all concerns today, in order to meet the time constraints involved with the issue.
Mr. Minkoff stated that, if there were substantive changes, he would prefer to address those now, in order to better communicate with DCA.
Commr. Gerber referred to Page 8, 14.16.06 Suspension and Revocation of Vested Rights Determination and stated that an option was being given to the applicant that was not going to be available to the applicant, because of the action the Board would be taking on the previous page, which allowed any applicant to appeal the decision in Circuit Court.
Mr. Minkoff explained how the Vested Rights Determination could be suspended and stated that, per the direction of the Board, this did not create a proceeding where there would be notice to adjacent property owners on these determinations.
Commr. Gerber stated that she felt notice was something that was going to have to be provided, because there was really no reason not to provide it, and it would protect the Board in some situations.
Mr. Minkoff stated that the only counter point was that many of the things that people were requesting vesting for did not require notices. After reviewing other County ordinances, he did not see any notice at the administrative level where the staff was issuing the first decision to adjacent property owners. He felt that the Board was going to see much more limited vesting requests for advertised type hearings.
Commr. Swartz discussed the possibility of a Board policy, that would not be a part of the vesting ordinance, for informational purposes only, where any vested rights determination that was issued would be routinely placed on the Board's agenda for the Board to acknowledge receipt.
Mr. Minkoff noted that the suggestion made by Commr. Swartz could be made a part of Section 14.16.04.
Commr. Swartz stated that, perhaps where there was a Vested Rights Determination that would today require some type of public hearing, and where a Vested Rights Ordinance was issued, some type of notice could be placed in the newspaper, with no notice being mailed to a property owner. He stated that the first purpose was totally administrative, and the second served as a public purpose.
Commr. Cadwell noted that the Vested Rights Determinations were being made administratively and stated that he could not think of any other issue where the Board would advertise a decision made by the County Manager, or County Attorney, especially at the expense of advertising in the paper. Outside of placing the issue on the agenda, he would not be in favor of spending more money on the advertising process.
Mr. Minkoff submitted a letter he had received from Maguire, Voorhis & Wells, P.A., pertaining to the proposed vested rights ordinance, which was dated December 13, 1995.
Commr. Swartz referred to Page 7, Section 14.16.04, Action by County Manager or Designee, and stated that there may be a situation where the legal issues could be more difficult, and a decision may not be made within the 30 days. He questioned whether an extension could be made to the 30 days.
Commr. Hanson stated that she would not have a problem with the extension, if it came back to the Board.
After some discussion, Mr. Minkoff stated that, rather than an extension, he would prefer to increase the time frame, because the extension would make the County deal with another whole administrative issue. He noted that, on many of the development procedures in the Code, there were currently no time frames at all.
Commr. Cadwell suggested 30 days, with a 30 day extension, and with the County Attorney, or County Manager, notifying the applicant of the additional 30 days.
Ms. Sue Whittle, County Manager, explained the process of the determinations and noted that they go through three different offices. It was her opinion that 30 days was not enough time.
Commr. Hanson stated that she would agree with the 60 days, based on the County Manger's opinion, but any extensions beyond that needed to come before the Board.
Mr. Minkoff explained that, if the staff, after 60 days, did not feel it had enough evidence to approve the Vested Rights Application, it would be denied.
Discussion occurred regarding the letter Mr. Minkoff had received from Maguire, Voorhis & Wells, P.A., with Commr. Cadwell directing Mr. Minkoff to respond to it in writing.
Mr. Minkoff reviewed the following changes that the Board had agreed to: in the Wekiva, it would include the three issues brought forth by Commr. Hanson, the lot of record, the commercial on the map, and the non-exempt parcels; the time limit on the appeal, to require the appeal to come within 30 days and place that back in; in Section 14.16.04, to require the staff to make the decision within 60 days, or to obtain approval from the Board. (He noted that he would probably write it to reflect "or the applicant", so if the applicant agreed for the extension, it would not have to come to the Board); and on the notice, he had to require publishing of the decision on the Board's agenda. He requested approval of the Settlement Agreement with those changes to the proposed Ordinance, and once the Agreement was signed by DCA, the Ordinance be advertised for a hearing for adoption.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Settlement Agreement, with the changes indicated by the County Attorney, and authorized the publication of advertising, as soon as it was completed.
REPORTS - County Attorney
SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, explained that there had been a problem with the contractor who was closing the Umatilla Landfill, and an agreement had been entered into whereby the contractor agreed to go back and redo some work and pay additional engineering costs. The work had been totally completed, and the project had been accepted by staff, and now the County was wanting to start litigation to try and collect the costs for the engineering services. He noted that extensive communication had been made with the contractor concerning the costs.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved litigation against Phoenix Construction Services, Inc., for reimbursement of invoices for engineering services.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENT BUSINESS
PLANNING AND DEVELOPMENT/RESOLUTIONS
Mr. John Cento, Planner II, was present to discuss the request for approval of the Resolution certifying the mission of Habitat for Humanity of Lake County, Fla., Inc.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Resolution certifying that the mission of Habitat for Humanity of Lake County, Fla., Inc. was consistent with the Housing Element of the Comprehensive Plan.
FACILITIES & CAPITAL IMPROVEMENTS/REPORTS/COUNTY PROPERTY
Ms. Sue Whittle, County Manager, noted that she had added, for discussion under the County Manager's Departmental Business, the update on the ongoing parking situation.
Mr. Mike Anderson, Director, Facilities & Capital Improvements, updated the Board on the parking situation and stated that he had a very productive meeting with the Planning and Zoning Commission for the City of Tavares. He explained that, after some discussion with the City, it was agreed that a modification to the staff recommendation would be presented at the City's Planning and Zoning Commission meeting on December 20, 1995, which would allow the County to get grant money without a risk, which had been a great concern of his.
Mr. Sandy Minkoff, County Attorney, explained that the recommendation included a City and County Committee to try and resolve both the number of spaces, the location, and what type they should be. He noted that the Planning and Zoning Commission approved this recommendation, with the County participating in the Committee work.
Mr. Anderson explained that the County Manager had requested staff to look into the possibility of something that may help assist employees and the public to use the remote locations for parking, such as a golf cart, which could be staffed with retired volunteers. He would be coming back to the Board at a later date with information pertaining to this possibility. Mr. Anderson explained that another issue involved the enforcement of the existing laws, with the County having somewhat of an informal understanding for the last year and a half with the City, because of the construction and the amount of additional traffic in and around the buildings. This issue would also be addressed by the proposed Committee.
Ms. Whittle explained that Part B would include looking at the overall long term parking needs for the County, as well as looking at what may be needed in the future for the City of Tavares. She had suggested that the City have one Council member, staff and appoint one member of the public, and that the County have one Commissioner, staff, and appoint one member of the public, with the City agreeing that the owner of the hardware store be included as a member of the group, which would give seven members for the focus group that would look at the overall parking needs. Ms. Whittle stated that, if the City would agree that, as long as the County had the work completed, and it would like to have the work completed by April and have a recommendation to come back to both bodies for approval, it would be okay for the County to go ahead with building permits.
Commr. Gerber strongly suggested that a constitutional officer be placed on the proposed Committee.
Commr. Cadwell stated that he would have no problem replacing the citizen appointed by the County with the constitutional officer.
Discussion occurred regarding having Mr. T. Keith Hall, Tax Collector, included in the Committee, with Commr. Cadwell suggesting that the County Manager bring back to the Board the recommendation for the Committee, as well as the members, and in the meantime, he would consult with Mr. Hall.
Mr. Minkoff noted that the County was seeking a variance, and the County had agreed, as a condition of the variance, to participate in the Committee.
Ms. Sue Whittle, County Manager, stated that there was another item for discussion, which was a proposal she had been working on with the County Attorney. She stated that, over the last couple of months, the County had to hire outside counsel for employees, particularly Code Enforcement, because the County Attorney's Office represented the different Boards. She would like to look at outside counsel for the Code Enforcement Board, the Environmental Protection Board, and the Board of Examiners, and to have the County Attorney's Office represent staff and to present the cases to those Boards. She stated that action, either by consensus, or permission, was needed by the Board to go ahead with the proposal, with Mr. Minkoff seeking a Request for Proposals (RFPs).
Mr. Sandy Minkoff, County Attorney, suggested that the Lake County Bar Association be contacted, both by letter and through the newsletter, in order to get interested persons. He stated that this would be the most economical way to address the issue.
After further discussion by the Board, it was noted that staff was given direction to move forward with the proposal and putting together the RFP.
COMMISSIONER GERBER - District #1
Commr. Gerber discussed the request for approval of a Resolution establishing the Lake County Charter Development Committee. She noted that the Board members had received a new Page Three regarding the membership, with a new configuration being established under Section 4. She presented an explanation for the inclusion of a Constitutional Officer to the membership.
Commr. Cadwell stated that he intended not to support the request, because, after talking with individuals and the public more at length about the issue, he thought maybe there was a great support in Lake County to spend the kind of money that it was going to cost to do this, but now he felt he was making the right decision. He stated that it would be creating an issue, when one did not need to be created, and that the County was feeling some of the anguish from the Comprehensive Plan, in getting some of the positive things done in Lake County.
Commr. Hanson stated that, although she agreed with the number of members, she would not support the request, for the same reasons presented by Commr. Cadwell, and she had not supported it, because she felt it would ultimately be very expensive for the County to process. She did not see the need for it, but she would have her members on the Committee.
Commr. Gerber stated that, doing it in this manner was going to be a lot less expensive than forming the Charter Commission, which would have had a much wider latitude in spending, and it was going to be much easier for the County to keep tabs on the expense account for the Committee, through the County Manager, than it would have in any type of purview before.
Commr. Swartz stated that, conceptually, the Charter Commission, in his opinion, would have been a preferable way to go. He did not support it, because it gave a financial pocketbook to the Committee, and he did not feel comfortable with that. It was going to be staffed by the Board, and it would serve no differently than any other committee that the Board appointed, and its cause should not be any different than any other citizen committee that the Board had both on a continuing basis, and on an ad hoc basis.
Commr. Cadwell stated that an eighteen month committee to re-invent government in Lake County was going to take a lot of staff time, and a lot of staff dollars, which was another concern.
Commr. Hanson was concerned, because it would be coming back to the County Commissioners.
On a motion by Commr. Gerber, seconded by Commr. Good and carried by a 3-2 vote, the Board approved a Resolution establishing the Lake County Charter Development Committee.
Commrs. Cadwell and Hanson voted "no".
REPORTS - Commissioner Good - District #2
Commr. Good explained the two changes being made to Resolution 1995-56 pertaining to the County-Wide Solid Waste Study Committee.
On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 5-0 vote, the Board approved the request for approval of a Resolution amending Resolution 1995-56, "County-Wide Solid Waste Study Committee", changing membership and quorum requirements.
There being no further business to be brought forward to the Board, the meeting adjourned at 11:25 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK