A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 17, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, November 17,1998 at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; G. Welton Cadwell, Vice Chairman; Robert A. Pool; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, BCC Administrative Supervisor; and Toni M. Riggs, Deputy Clerk.

INVESTITURE

Commr. Swartz opened the meeting and welcomed those present.

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

Commr. Cadwell introduced former Commissioners Don Bailey and Claude Smoak; Constitutional Officers Ed Havill, Property Appraiser, James C. Watkins, Clerk, Bob McKee, Property Appraiser, and Judge Donna Miller. He also recognized those Elected Officials from the municipalities that were present in the audience.

Judge Miller administered the Oath of Office to Commr. Pool, who was accompanied by his wife, Beverly.

Commr. Pool introduced family members who were present at the meeting and took a moment to extend his appreciation for the opportunity to serve the County in this capacity.

Mr. Watkins administered the Oath of Office to Commr. Hanson, who was accompanied by former Commissioner Don Bailey.

Commr. Hanson extended her appreciation for the opportunity to serve the County for another term.

RECESS & REASSEMBLY

At 9:23 a.m., the Chairman announced that the Board would recess for a small reception and reconvene at 10 a.m.

Commr. Swartz noted that a letter was received, particularly for Commr. Hanson and Commr. Pool, from Senator Anna Cowin, extending her best wishes to the Board.

AGENDA UPDATE

Commr. Swartz stated that the Board had an addendum today, which was a proposal to advertise an Ordinance amending the Lake County Code, Appendix E., Land Development Regulations, Chapter XI, Signs. He stated that he did not receive a proposed draft of the Ordinance until late yesterday, and he was going to propose that the Board not proceed to advertise today.

Commr. Cadwell questioned whether a workshop date could be set today, because there were individuals present in the audience who were prepared to address the issue today.

Commr. Swartz noted that this item would require two public hearings, because it is a Land Development Regulation, and one hearing had to be after 5 p.m. He stated that Mr. Sandy Minkoff, County Attorney, has recommended in the past that, if the Board expects there will be any substantial changes, he would prefer that the Board not vote to advertise, until those can been reviewed.

Commr. Cadwell made a motion, which was seconded by Commr. Pool, to pull Addendum No. 1 from today's agenda and set a workshop on the issue.

Under discussion, Commr. Gerber questioned what criteria is used to determine a substantial change.

Mr. Minkoff explained that, if the Ordinance includes things on the second reading that it did not include on the first reading, then he would not recommend approving it on the second reading. He stated that, when the law requires that there be two readings, you cannot add things the second time that were not included the first time, but things can be deleted. He further explained that the Board can take things out, or make minor changes to the Ordinance, but it cannot increase the scope of it without having two additional public hearings.

Commr. Hanson noted that the item had been placed on the agenda as an addendum, and it had not been a regularly scheduled item. She did not see a problem with setting a date in the future to hear the item.

Commr. Swartz clarified that this was the direction of the Board from its last workshop.

He hoped that later today the Board could set a workshop and continue to move forward on it.

Commr. Swartz called for a vote on the motion, which was carried unanimously by a 5-0 vote.

It was noted that, after some discussion with staff regarding the zoning agenda scheduled for next week, a workshop would be scheduled for 2 p.m. on November 24, 1998.

Mr. Steve Richey, Attorney, addressed the Board and questioned whether the meeting could be held in the Training Room.

Commr. Swartz noted that this could be made possible and asked that, between now and then, any comments that the industry had on the proposed draft be submitted to the Board members for consideration.

Commr. Swartz addressed Tab 36 under his business and stated that he would be pulling this item relating to the Leesburg Regional Medical Center (LRMC) and supporting their efforts to obtain a Certificate need for LRMC Medical Plaza in Lady Lake, because the time for commenting on these issues had passed. He stated that he had not been comfortable responding to this item as Chairman, or as a Commissioner, because it was a complex issue, and therefore, he placed the item on the agenda. He stated that he would be pulling Tab 36, because it was really not an issue that was timely right now.

MINUTE APPROVAL

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 20, 1998, Regular Meeting, as presented.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 23, 1998, State of the County, as presented.

CLERK OF COURTS' CONSENT AGENDA

Commr. Cadwell made a motion, which was seconded by Commr. Gerber, to approve the Clerk of Courts' Consent Agenda, Items 1 through 9.

Under discussion Commr. Swartz commented that Item 3 was a recount of the unspent funds, or excess fees, that occur from the Constitutional Officers. The County will be receiving in excess of $2 million from them.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote, to approve the following requests:

Accounts Allowed

Request to acknowledge receipt of the 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.



Bonds/Committees



Request to approve the Bond for Morton D. Aulls, Trustee of North Lake County Hospital District Board, and the Bond for Paul Buchanan, Trustee of North Lake County Hospital District Board, to be filed pursuant to Lake County Resolution No. 1990-12.





Accounts Allowed/Constitutional Officers



Request to acknowledge receipt of the following:



(A) Constitutional Officer Financial Report and Unspent Moneys for Fiscal Year 97-98 - Lake County Clerk of the Circuit Court - in the amount of $77,199.63.



(B) Constitutional Officer Financial Report and Unspent Moneys for Fiscal Year 97-98 - Lake County Sheriff - in the amount of $1,030,116.10.



(C) Constitutional Officer Financial Report and Unspent Moneys for Fiscal Year 97-98 - Lake County Property Appraiser - in the amount of $9,802.00



(D) Constitutional Officer Financial Report and Unspent Moneys for Fiscal Year 97-98 - Lake County Tax Collector - in the amount of $903,596.53 and $5,135.77.

Bonds - Contractor



Request to approve the following Contractor Bonds:

Stipulation



5580-98 Principal's Name is Amended to: Meyer, Donald G. & Michaux,

Leon/DG Meyer Inc.



Cancellations



1489-98 Vic Wrobel (Plumbing Contractor)

1791-98 Emery W. Dillard, Jr. (Plumbing Contractor)

5108-98 James Griffis

5332-98 Scott Bernier (Electrical Contractor)



New



1431-99 Alfred E. Tinney dba Tinney Plumbing Comp. (Plumbing)

1758-99 West Volusia Plumbing Inc. (Plumbing)

4016-99 Dennis M. Harney/Harney Aluminum (Aluminum)

4211-99 Raymond P. Wingo (Residential)

4431-99 Kenneth B. Coker (Class B A/C)

4536-99 Peliz Inc. dba Mike Peliz Professional Plumbing

4819-99 Robert M. James (Electrical)

4928-98 Alderman dba General Concrete and Masonry (Cement Contractor)

4984-99 Eddie T. Palmateer/Ace Heating & Air Conditioning Inc.

5140-99 Kenneth B. Coker (Electrical)

5186-99 Rodney Pearce (General Contractor)

5359-99 Greg David Electric (Electrical)

5396-99 Steven C. Douglas dba Signs City (Sign Installer)

5426-99 Richard A. Menard (Aluminum)

5484-99 High and Low Electric, Inc. (Electrical)

5508-99 Mid Fla. Heating & Air, Inc. (HVAC)

5544-99 Farmer Electric Co. Inc. (Electrical)

5616-99 Florida Roofing Technicians, Inc.

5637-99 Ronald R. Howe

5654-98 Debbie Vanier dba V Homes (Residential)

5655-99 Keith L. Smith dba K. S. Electric of South Florida

5656-99 Robert Bennett dba Bennett's Plumbing

5657-99 Daniel Hayes Building Contractor (General Contractor)

5658-99 Brian K. Miller/Professional Electrical Services (Electrical)

5659-99 Republic Medica, Inc. (Elect. Contractors)



Division of Forestry/Reports



Request to acknowledge receipt of the Florida Department of Agriculture & Consumer Services Annual Report of the activities of the Division of Forestry's fire prevention and suppression program, Cooperative Forestry Assistance Project, and the activities on Seminole State Forest in Lake County, for the period of July 1, 1997 through June 30, 1998.





Municipalities/Ordinances



Request to acknowledge receipt of following from the City of Leesburg:



Ordinance No. 98-55 - An Ordinance Annexing Certain Property Owned by Rosemary P. Purdum and Jack N. Purdum, as Trustees, said Property Consisting of Approximately Twenty-Five (25) Acres and Being Generally Located Southeast of the intersection of U.S. Highway 441, and College Drive, Lying in Section 22, Township 19 South, Range 25 East, Lake County, Florida.



Ordinance 98-57 - An Ordinance Annexing Certain Property Owned by F. Browne Gregg, Said Property Consisting of Approximately 3.07 Acres and Being Generally Located on the East Side of C.R. 468, Approximately 460 Feet South of Montclair Road, Lying in Section 21, Township 19 South, Range 24 East, Lake County, Florida.



Municipalities/Ordinances



Request to acknowledge receipt of the following from the Town of Montverde:



Ordinance No. 10-06-98 - An Ordinance Extending and Increasing the Corporate Limits of the Town of Montverde, Lake County, Florida Pursuant to the Provisions of the Florida Statutes 171.044 by Annexing Thereto a Certain Area of Land Contiguous to and Not Embraced Within the Present Limits of the Town of Montverde; Providing for Redefinition of the Land Boundaries of the Town of Montverde; Repealing All Ordinances in Conflict Herewith; Providing for Severability; Providing for an Effective Date; Providing for Publication in Accordance with Law.



Municipalities/Ordinances



Request to acknowledge receipt of the following Ordinances from the City of Eustis, which were adopted by the Eustis City Commission during the calendar year 1998:



Ordinance No. 98-02 Ordinance No. 98-04 Ordinance No. 98-06

Ordinance No. 98-07 Ordinance No. 98-08 Ordinance No. 98-09

Ordinance No. 98-10 Ordinance No. 98-11 Ordinance No. 98-12

Ordinance No. 98-13 Ordinance No. 98-14 Ordinance No. 98-15

Ordinance No. 98-16 Ordinance No. 98-17 Ordinance No. 98-19

Ordinance No. 98-20 Ordinance No. 98-21 Ordinance No. 98-22

Ordinance No. 98-23 Ordinance No. 98-24 Ordinance No. 98-25

Ordinance No. 98-26 Ordinance No. 98-27 Ordinance No. 98-28

Ordinance No. 98-29 Ordinance No. 98-30



Accounts Allowed/Courts-Judges



Request to approve and signature authorization on the following:



(A) Satisfaction and Release of Lien, Robert Foster, in the amount of $3,750.00.



(B) Satisfaction of Judgment, Case No. 97-1576-CFA, State of Florida vs. William McCullough, in the amount of $750.00.



COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, requested that Tab 16 regarding Harbor Hills Phase 3 Subdivision, be rescheduled to November 24, 1998, and that Tab 21 regarding Vacation Petition No. 884, C. E. Smoak, be rescheduled to December 15, 1998.

Commr. Swartz requested that Tab 8, regarding the annual contract between Lake County and Orlando/Lake Sentinel, be pulled for discussion.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by 5-0 vote, the Board approved the following requests Tabs 3 through 21, with the exception of Tab 16 which will be rescheduled to November 24, 1998, and Tab 21 which will be rescheduled to December 15, 1998, and Tab 8 regarding the contract between Lake County and Orlando/Lake Sentinel, which was pulled for discussion:

Accounts Allowed/Checks Received/County Property



Request for approval and execution of Satisfaction of Mortgage for Leroy Coffman and Teresa Mottram. Check is in the amount of $3,500.00.



Budgets/Libraries



Request for approval to adopt the Annual Plan of Service and Combined Budget for the Lake County Library System for Fiscal Year 1998/1999.



Assessments/Fire and Emergency Services/Resolutions



Request for approval and execution of Resolution 1998-176 establishing guidelines for the granting of hardship assistance for the fire rescue non-ad valorem assessment.



Accounts Allowed/Contracts, Leases & Agreements/State Agencies



Request for approval and execution of Agreement between Lake County and the State of Florida, Department of Community Affairs for grant funds from the Emergency Management Preparedness and Assistance Trust Fund in the amount of $99,274.



Accounts Allowed/Facilities and Capital Improvements



Request for approval and execution of Change Orders to Doug Ross Construction for increase in scope of services for the addition/renovation of the Public Works building at a fiscal impact of $32,984.



Accounts Allowed/Courts-Judges

Request for approval of transfer of funds in the amount of $31,532 from Various Other Court Fees and Costs to Court Fees and Costs to pay for court ordered attorney fees for Circuit Case No. 96-1913CF (Keesee) and 96-1913CF (Cooper). (General Fund - Circuit Court Criminal, No. 98-428).



Accounts Allowed/County Buildings



Request for approval of transfer of funds in the amount of $30,000 from Buildings account to Land account to pay for the purchase of a parcel of vacant land adjacent to the parking lot of the County Administration Building. (Sales Tax Capital Projects Fund, Facilities and Capital Improvements, No. 99-019).



Accounts Allowed/County Buildings



Request for approval of transfer funds in the amount of $33,000 from Public Works Building account to Buildings account in order to process change order to contract with Doug Ross Construction for the floor system in the Public Works Building. (Contingent upon approval of Agenda 99A-070 for Department of Facilities and Capital Improvements). (Sales Tax Capital Projects Fund, Facilities and Capital Improvements, No. 99-021).



Contracts, Leases & Agreements/Growth Management



Request for approval and execution of Agreement between Lake County and Ryan and Cindy Sapp for Temporary Non-Conforming Zoning Use to place a mobile home on property located at 35802 Unity Drive, Fruitland Park, for personal residential use until their site built home is completed - Commission District 1.



Accounts Allowed/Bids/Roads-County & State



Request for approval to advertise for bids for Church Street (5-7265) and Mills Street (5-7264) Paving Project No. 6-99, at an estimated cost of $140,970 from the Transportation Trust Fund - Commissioner District 5.



Accounts Allowed/Bids/Roads-County & State



Request for approval for bids for Merry Road Extension (Central) Project No. 7-99 at an estimated cost of $297,591 from the Road Impact Fee Benefit District 2 Fund - Commissioner District 3.



Accounts Allowed/Bids/Road Projects



Request for approval to advertise for bids for Countywide Striping Project No. 5-99 at an estimated cost of $187,671.63.



Accounts Allowed/Contracts, Leases & Agreements/Resolutions/Subdivisions



Request for acceptance of final plat for Savannas Phase 2B Subdivision; approval and execution of Developer's Agreement between Lake County and M/I Schottenstein Homes, Inc., for maintenance of improvements, acceptance of an irrevocable letter of credit for maintenance in the amount of $17,615, and approval and execution of Resolution accepting Green Cove Boulevard "Extension" (2-0258) into the County road maintenance system.



Deeds/Rights-of-Way, Roads & Easements



Request for acceptance of the following:



Drainage Easement



Ikeler, George R. (Trustee) Merry Rd. Ext.

Padman, Muni V. (Trustee)



Non-Exclusive Easement Deed



Bailey, James W. Pennsylvania St.



Statutory Quit Claim Deed



Barbieux, William D. a/k/a Barbieux, W.D. - Holiday Lane

Inland Fruit Company



Statutory Warranty Deed



Boothe, Dan Empire Church Rd.

Lennar Homes, Inc. Hartwood Marsh Rd.

Lennar Land Partners

Grace Bible Baptist Church, Inc. Lewis Rd.

Harris, Dorothy A. Mills St.

McKinney, Bobby J. Rainbow Lane

Coe, Eric H. Wolf Branch Rd.



Temporary Non-Exclusive Easement Deed



Ikeler, George R. (Trustee) Merry Road Ext.

Padman, Muni V. (Trustee)



Road Vacations/Water Authority



Request for approval to advertise Vacation Petition No. 875 by Robert W. Taylor, Executive Director, Lake County Water Authority, to vacate right-of-way, Dream lake Poultry Ranches, Sec. 5 & 6, Twp. 18, Rge. 26, Umatilla area - Commissioner District 5.



Road Vacations



Request for approval to advertise Vacation Petition No. 883 by Denise Grimm, Swiss Fairways, Inc., to vacate right-of-way, Groveland Farms, Sec. 29, Twp. 22S, Rge. 25E, Groveland area - Commissioner District 2.



PERSONAL APPEARANCES



Mr. Bruce Redus, Secretary to the Industrial Developmental Authority (IDA), introduced Mr. Darrell Kelley, President of the Economic Development Commission Mid-Florida.

Mr. Kelley addressed the Board and extended his appreciation to Lake County for its continued support in the Economic Development Commission (EDC) and helping to maintain this regional coalition, which has been invaluable to this region. He stated that they have successfully completed 15 projects for Lake County, which resulted in a total of 335 new jobs in Lake County. He further stated that a major part of their responsibility is to work with existing industry to help retain jobs that may be considering leaving the area, for a variety of reasons. Mr. Kelley stated that 212 were successfully retained in the County. He stated that about 55 percent of the jobs in the region resulted from expansions of existing industry, and either through retention or new business and industry recruited to the area, the total capital investment in Lake County increased by $41,255,000 in the recent fiscal year.

Commr. Swartz introduced Mr. Carl Lunderstadt, Chairman of the Lake County IDA and member of the Executive Board with the EDC, Mr. Bruce Duncan, Economic Development Director, and Mr. Bruce Redus, Secretary to the Lake County IDA.

PRESENTATION

Florida Department of Transportation (FDOT) Five Year Work Program for Fiscal Year 1999/2000 to Fiscal Year 2003/2004

Mr. Jim Stivender, Senior Director of Public Works, introduced Ms. Lennon Moore, Director of Planning, Orlando, for the Fifth District, Mr. Mike Szunyog, representative for Lake County, and Mr. Gary Phillips from the Turnpike District, who would be making a presentation regarding Lake County's access at CR 470 Interchange.

Mr. Szunyog reviewed the major projects reflected in the Florida Department of Transportation Tentative Five Year Work Program for Fiscal years 1999/2000 through 2003/2004 for Lake County, as submitted to the Board. He reminded the Board that there will be a public hearing on the Tentative Five Year Work Program on December 8, 1998, at the Metroplan Orlando offices beginning at 4 p.m., with the public hearing beginning at 5 p.m.

Mr. John Kuhl, Turnpike District, addressed the Board and stated that the Turnpike District has one new project in the Lake County area in the work program, as noted on Page 7, which is the CR 470 Interchange. He reviewed a map of the project and stated that they were able to accelerate this project in the Department's work program, because they received $6 million from the Federal Transportation Legislation (T-21), which was signed by President Bill Clinton in June of this year. He noted that the interchange would be nine miles to the north and seven miles to the south.

Commr. Swartz stated that, as staff begins to meet with Seminole County and other interested parties, it needs to make sure that DOT attends these meetings.

Mr. Stivender noted that all of the issues associated with the SR 46 corridor that have been expressed by the Board members, particularly about the Wekiva area, will be presented at all of those meetings.

No action was necessary by the Board.

PRESENTATION

Local Mitigation Strategy Status Report

Mr. Alvin Jackson, Deputy County Manager, stated that staff will be presenting an update on the Unified Local Mitigation Strategy (LMS), and not only have the cities and counties been working very closely together, but even departmental has been extremely involved in this process.

Ms. Lora Bailey, Special Services Director, Public Works, explained that, in August, 1997, the Florida Department of Community Affairs (DCA) launched "Breaking the Cycle", which is an initiative designed to help communities identify areas that are continually devastated during disasters and tap into State and Federal funding to help fix these problems. "Breaking the Cycle" is a proactive approach to making our communities less vulnerable to the effects of natural disasters. Ms. Bailey stated that this presentation will be taken to all 14 municipalities. At this time, Ms. Bailey reviewed slides that will be used for the presentation. She stated that, in May, 1998, the County entered into a contract with the DCA for the LMS. After that time, the County entered into sub-contracts with all 14 municipalities. The next phase of the project will be working to develop and expand on the non-contractual partners. Ms. Bailey noted that the Sheriff's Department has already been involved, and the Lake County Water Authority will be expanding more into these areas. She stated that this will be a $130,000 grant effort, with $25,000 going to the County, and $7,500 to each city. It is intended to cover the administrative costs. Ms. Bailey introduced Mr. John O'Connor, City of Tavares, Mr. Ted Henderson, City of Eustis, Ms. Kathy McDonald, Special Services, Public Works, Ms. Mary Scalzo, Fruitland Park, Mr. J. D. Wells, Montverde, and Treeva Wayne, Public Works, who have all been working through sub-committees on the LMS. Ms. Bailey showed the Board a copy of the transmittal that went to the State October 31, 1998, and stated that the Board members will be getting copies of it. Ms. Bailey stated that the third period deliverables are due in April, 1999, and the final deliverables are due in August, 1999. At this time, she reviewed the highlights of the first deliverable with the Board. Ms. Bailey introduced Mr. James Wright who volunteered to be part of the Public Relations Sub-Committee and stated that tonight they are going to Mount Dora to make a presentation. Ms. Bailey stated that staff received a letter on November 2, 1998 from the State saying that they have reviewed the County's transmittal, and it can go ahead and submit for its funding allocation for the first and second deliverables. She stated that the development of the public-private partnerships, which is crucial, and finalizing the hazzard identification and the vulnerability assessment are the next issues to be addressed.

Mr. John O'Connor, City of Tavares, addressed the Board and explained that the State has outlined how it wants the LMS done, and it helps to have all of the local communities participating in it. Mr. O'Connor stated that, as far as the hazzard identification and the vulnerability assessment, they are picking from a list given to them from the State, which will apply to Lake County, and then looking at how they are going to affect the facilities both public and private. He stated that GIS is going to create for them an active map that will show where all of these facilities are located, and it will be available to all interested parties.

Ms. Bailey noted that Emergency Management has been involved in this issue, as well as Growth Management, and they will be expanding the non-contractual partners and including the Sheriff. She showed the Board the tentative schedule for the meetings with the municipalities, and stated that, in conclusion, by working together, cities and Lake County can help reduce the soaring costs of recovery and rebuilding.

Commr. Hanson stated that staff needs to be commended for the work that it has done, especially for being able to bring all of the cities together in this format.

No action was necessary by the Board.

PUBLIC HEARINGS

ORDINANCES/LIBRARIES/COMMITTEES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 1998-88, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA , AMENDING CHAPTER 9, SECTION 9-2 AND CHAPTER 12, SECTIONS 12-17 AND 12-18 OF THE LAKE COUNTY CODE; REPEALING CHAPTER 12, SECTION 12-20 OF THE LAKE COUNTY CODE; CLARIFYING THE ROLE OF THE BOARD OF TRUSTEES OF THE LAKE COUNTY LAW LIBRARY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.



Commr. Swartz opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Ordinance 1998-88, as read by title only.

ORDINANCES/COUNTY POLICY

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 1998-89, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING SECTION 14.00.05 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; PROVIDING FOR PROCEDURES GOVERNING QUASI-JUDICIAL HEARINGS; PROVIDING FOR PROCEDURES GOVERNING EX PARTE COMMUNICATIONS PURSUANT TO SECTION 286.0115, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Mr. Eric Marks, Akerman, Senterfitt & Eidson, Orlando, stated that he would like to address Section 14.00.05 (C) on Page 2, which deals with ex parte communications between this Board and the public, when there is a quasi-judicial matter pending before the Board. He stated that Subsection C completely and absolutely prohibits communication between Board members and the public regarding matters which are the subject of a quasi-judicial matter. Mr. Marks stated that this means that the Commissioners cannot speak to their constituents on a matter which is pending. He stated that Ackerman, Senterfitt & Eidson practice law all over the State in land use matters, and they have never come across a provision that is as restrictive as the one being proposed today. He believes that this restriction deprives the Board members of the vital function of a County Commissioner, which is the ability to be the voice of the people in local government. He further believes that the policy steers toward abuse, because representatives of parties will clearly be familiar with the rule and will be instructed by their attorneys not to speak to the County Commissioner, however, unrepresented parties will not be familiar with the proposed Ordinance, which will put the County Commissioner in the awkward position of having to tell the constituent that he cannot listen to him. Mr. Marks stated that this restrictive policy is not required by Florida law. He stated that Section 286.0115 of the Florida Statutes establishes a method for removing the presumption that ex parte communications are prejudicial. In order to remove that presumption, the County need only to adopt an Ordinance, which establishes simple guidelines for disclosure of communication between a County Commissioner and his constituent. Mr. Marks summarized those provisions as follows:

1. The County Commissioner should disclose the identity of the person with whom he spoke and the substance of that communication at the public hearing.



2. All written communication should be made part of the record.



3. Any site visit investigation and expert opinions should also be disclosed on the record.



4. The Board should always base its decision on the facts presented at the public hearing.



Mr. Marks stated that, by following these common sense disclosure requirements, the Board can provide an avenue for its constituents to speak to the Board when a quasi-judicial matter is pending. He respectfully requested that the Board remove or amend that section of its proposed Ordinance and allow ex parte communication. He stated that Subsection L, on page 5, establishes the standing criteria as determined by Section 163.3215(2) of the Florida Statutes, which deals with Comprehensive Plans, and he was not sure that this was consistent with Florida law.

Commr. Swartz stated that this is basically putting into an Ordinance form the policy that the Board has been operating under for a number of years.

Mr. Sandy Minkoff, County Attorney, explained that this section is identical to the current policy that the Board adopted several years ago, but it was never put into the Code. He explained that Ms. Cecelia Bonifay, Attorney with Akerman, Senterfitt & Eidson, has been before this Board many times and knows the rules. The County's rules are less restrictive than almost all of the cities which have adopted rules, because at the County hearings, the County has always allowed all members of the public to address the Board, and in some cities, this does not occur, and he believes that Ms. Bonifay is also aware of this. Mr. Minkoff stated that Subsection C is identical to the current policy, and it could not be applied when there was no case pending and a Commissioner did not know about it, and it would only be applied if a Commissioner is aware of a case pending.

Commr. Swartz addressed Page 1, Subsection A, Application, and stated that it only applies to a quasi-judicial proceeding and public hearings are required.

Commr. Hanson stated that she was concerned about a Commissioner getting deeply involved in an issue with hopes of resolving it before it becomes a quasi-judicial issue.

Mr. Minkoff stated that, as long as there are disclosures in those cases, it would not be a problem. He noted that the disclosures made by the Board members on previous cases have been adequate. The only change to the current policy appears in Subsection A, which excludes any proceedings, or hearings, in relation to the Comprehensive Plan Evaluation and Appraisal Report, or amendments to the Comprehensive Plan. Mr. Minkoff briefed the Board on the history of this particular change.

Commr. Pool questioned the procedure to be taken if he wanted to investigate a site.

Mr. Minkoff responded to Commr. Pool's question by explaining the procedure and stated that the City of Clermont used the Florida Statute, that Mr. Marks referred to earlier, which would allow the Board to create a procedure by Ordinance that would allow ex parte contacts under certain circumstances.

Commr. Pool stated that he was happy that the City of Clermont changed the procedures, because it opened those lines of communication.

Mr. Marks stated that he could not tell the Board that every County around Lake County has a provision which allows ex parte communications when there is a quasi-judicial matter pending, but they have found this provision to be more restrictive than the others.

Mr. Minkoff stated that the only downside, from a legal perspective, would be that, when litigation occurs, a Commissioner will then have his deposition taken to determine what that contact was between the Commissioner and the constituent. If the Board does allow that Ordinance, then they will be inquiring as to what the contacts were to try and determine that it was unfair and prejudicial to overturn the decision.

Commr. Swartz explained that not being able to talk to your constituents is always a concern, but the Board does get to hear them in the public hearing. He felt it was probably a fairer playing field when Commissioners do not get involved in ex parte communication, and it is more of a level playing field under these rules than it ever was prior to having these rules.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve Ordinance 1998-89, as read by title only.

Under discussion, Mr. Minkoff clarified that this is the current policy, but it was never in the Code.

Commr. Hanson stated that she has her misgivings about the whole process, and she has from the very beginning, but legally it probably keeps the County out of lawsuits.

The Chairman called for a vote on the motion, which was carried by a 4-1 vote. Commr. Pool voted "no".

ORDINANCES/LIBRARIES/COMMITTEES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 1998-90, if approved by the Board:



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 12, LAKE COUNTY CODE, LIBRARIES, ARTICLE III, COUNTYWIDE LIBRARY SYSTEM; PROVIDING FOR AMENDMENT TO SECTION 12-37, LIBRARY BOARD; TO ELIMINATE THE LAKE COUNTY LIBRARY BOARD AND CREATE THE LAKE COUNTY LIBRARY ADVISORY BOARD IN ITS PLACE; PROVIDING FOR AMENDMENT TO SECTION 12-37, LIBRARY BOARD REGARDING APPOINTMENT OF LIBRARY ADVISORY BOARD MEMBERS AND ALTERNATE MEMBERS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Commr. Swartz noted that Ms. Wendy Breeden, Library Services Manager, was present in the audience.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Ordinance 1998-90, as read by title only.

ORDINANCES/COMMITTEES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 1998-91, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTIONS 2-88 OF THE LAKE COUNTY CODE, AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR ADDITIONAL MEMBERSHIP; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Commr. Swartz opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Ordinance 1998-91, as read by title only.

CITIZEN QUESTION AND COMMENT PERIOD

It was noted that no one present wished to present questions, comments or concerns to the Board.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

FISCAL AND ADMINISTRATIVE SERVICES

Discussion occurred regarding Tab 8, the request for approval and execution of the annual contract between Lake County and Orlando/Lake Sentinel for display advertising, at an estimated amount of $25,000.

Ms. Sue Whittle, County Manager, explained that, in recent months, it was pointed out by the Sentinel that the County had already passed the requirements for a less expensive advertising rate for the ads that are placed in the Sentinel. Mr. Bruce Conway, Purchasing Manager, and Ms. Sarah LaMarche, Senior Director, Fiscal & Administrative Services, are looking at the entire advertising situation in the County and doing a comprehensive review of it. Ms. Whittle stated that Mr. Conway is planning to do an RFP to the media in the County and have them respond with proposals.

Commr. Swartz explained that he pulled the item, because he was uncomfortable picking one newspaper, regardless of which one it may have been, and putting all of the advertising with it.

Ms. Whittle explained that the County had a contract with the Orlando/Lake Sentinel that specified one rate, however, the County has already reached the threshold that would give the County a lower rate for the rest of the calendar year.

Mr. Conway explained that staff will be putting out a survey to the departments and then compiling all of the information and putting out a request for proposal to the various newspapers in the area of general circulation. He estimated that the survey would be completed in approximately two months. Mr. Conway stated that the Board may wish to consider approving the request today, because that would give the County the lower rates through the period it would need be able to advertise.

Commr. Swartz stated that his concern was one of general fairness, and this was not one, in discussing it with Mr. Sandy Minkoff, County Attorney, that requires the County to go out to bid, but he feels that, in the spirit of fairness, the County needs to allow all of the newspapers, that can meet the requirements, to have the opportunity to work with the County. He would suggest that, if the County is not in the position by the first of the year, it review something after the first of the year that lets any of the newspapers give the County a price.

Ms. Whittle stated that the contract that the County currently has with Orlando/Lake Sentinel is at a higher rate, and it has to enter into another contract, to be charged the $1.83 per column inch over the current contract. It was noted that the contract would go to the month of June, 1999. She agreed with the comments about fairness, but the County currently advertises in a variety of newspapers.

Commr. Swartz stated that, as much advertising being done by the County, it should be able to contact the various newspapers and explain to them that the County is going through an RFP process and get them to give the County their lowest applicable rate. He stated that the Board would not need to take action on this item, and staff can come back to the Board with a report as to what the County can do after the first of the year, until such time it has the RFPs ready.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to direct staff to go back and talk to the Sentinel and try to resolve the issue and then bring it back to the Board.

COMMUNITY SERVICES/RESOLUTIONS/COMMITTEES

Mr. Fletcher Smith, Senior Director of Community Services, was present to explain the request regarding the Resolution amending and restating Resolution No. 1994-19, Resolution No. 1995-211, and Resolution 1996-105 pertaining to the Lake County Comprehensive Health Care Committee.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1998-179 amending and restating Resolution No. 1994-19, Resolution No. 1995-211, and Resolution 1996-105 pertaining to the Lake County Comprehensive Health Care Committee; providing that the sunset provision be amended to establish a termination provision which will allow the Lake County Comprehensive Health Care Committee to continue its duties until the Lake County Board of County Commissioners act to terminate or discontinue the Lake County Comprehensive Health Care Committee; providing a provision for designated alternates.

ACCOUNTS ALLOWED/LIBRARIES/GRANTS

Ms. Wendy Breeden, Library Services Manager, addressed the Board to discuss the request that the Legislative Delegation support an appropriation for the State Aid to Libraries Grant Program in the amount of $37 million for Fiscal Year 1999/2000. Ms. Breeden noted that none of the local libraries are bringing forward requests for construction dollars, but she may be bringing back to the Board another position on this issue in December, after Board discussion at the Retreat. The last request of the Board was to take this back to the Library Board to see if they approved going forward with this position for State Aid Funding, and they did approve this position.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval to request that the Legislative Delegation support an appropriation for the State Aid to Libraries Grant Program in the amount of $37 million for Fiscal Year 1999/2000.

COUNTY EMPLOYEES/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Department of Growth Management was present to explain the request for a staffing change for two divisions.

Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve the deletion of one Planner III position and the addition of two Planner I positions in the Planning and Development Services Division, and the addition of two Permitting Technicians and one Building Inspector in the Building Services Division.

Under discussion, Commr. Hanson commented that the development community does pay for the services, and this is something that the public may not realize.

Commr. Swartz noted that it was the development community, as well as individual citizens, because it is a fee based system.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following appointments to the Lake County Library Advisory Board:

Umatilla Public Library



Member - Alexander Nixon

Alternate Member - Ann Large



Tavares Public Library



Member - Robert Moore

Alternate Member - Dottie Keedy



Cooper Memorial Library



Alternate Member - Thomas Swartwout



Lady Lake Public Library



Alternate Member - Marilynn Nesbitt



Mount Dora Public Library



Alternate Member - Win Pendleton



APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred regarding the Resolution appointing members to the Affordable Housing Advisory Committee.

COMMISSIONERS

At 11:50 a.m., it was noted that Commr. Cadwell left the meeting, due to a prior commitment.



APPOINTMENTS-RESIGNATIONS/COMMITTEES (CONTINUED)

Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve Resolution 1998-180 appointing the following members to the Affordable Housing Advisory Committee:

Resident who is a Real Estate Professional



Rosemary Bennett - reappointment



Representative of the Lake County League of Cities



Lee Hokr - reappointment



Resident who is a Provider of Affordable Housing



Kelly Pisciotta - appointment



Resident who is Actively Engaged in the Banking or Mortgage Banking Industry



Mike Cox - reappointment

Betsy Medina - appointment



Resident who is Designated as an Advocate for Low Income Persons



Robert Spector - reappointment



Resident who is Actively Engaged in the Residential Home Building Industry



Carl Ludecke - reappointment

Debbie Vanier - appointment



Under discussion, Commr. Hanson amended her motion to include Betty Graham as a Resident who is Designated as an Advocate for Low Income Persons, with Commr. Pool amending his second to the motion.

The Chairman called for a vote on the motion, as amended, which was carried by a 4-0 vote.

Commr. Cadwell was not present for the vote.

INFORMATIONAL

The following vested rights determination has been issued:

Vested Rights Determination for Lot 3 of Large Lot Waiver No. 70-90 for Land Located in Section 21, Township 22 South and Range 24 East



Lake County will not deny the owner(s) of Parcel 3 of LLW No. 70-90, acting in good faith, the right to develop the parcel as a residential lot in accordance with the (A) Agriculture Zoning District. For the purpose of this Vested Rights Determination, acting in good faith shall mean that:





REPORTS - COUNTY ATTORNEY

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Grant-in-Aid Agreement between Lake County and the Florida Supreme Court, Office of the State Courts Administrator, for court reporting services to the Fifth Judicial Circuit, Lake County.

Commr. Cadwell was not present for the discussion or vote.

REPORTS - COMMISSIONER GERBER - DISTRICT #1

OTHER COUNTIES

Commr. Gerber explained the request from Palm Beach County to support the removal of conflicting provisions in the Florida Pawnbroking Act (F.S. 539) and stated that she was not sure that the Board wanted to add this item to its legislative package, or do a Resolution.

Commr. Swartz stated that, if the Board was inclined to do it, he suggested that a Resolution be done, but to also put it into the legislative package and make the Legislative Delegation aware of it.

Commr. Gerber made a motion, which was seconded by Commr. Hanson, to bring back a Resolution to support the removal of conflicting provisions in the Florida Pawnbroking Act (F.S. 539), as requested by Palm Beach County, and to add this item to the Board's legislative package.

Under discussion, Ms. Sue Whittle, County Manager, stated that it would be appropriate to support it at the Florida Association of Counties for their legislative package, as noted on Page two of the letter from Palm Beach County.

The Chairman called for a vote on the motion, which was carried by a 4-0 vote.

Commr. Cadwell was not present for the discussion or vote.

BOARD MEETINGS

Commr. Gerber informed the Board that the Department of Environmental Protection (DEP) had received the permit from Ogden Martin to burn quite a bit more medical waste in the burners, and she wanted to make sure that time had not run out for comments to DEP, if the County wanted to do something in that regard.

Ms. Sue Whittle, County Manager, noted that this item would be discussed at the Board's Retreat.

Mr. Sandy Minkoff, County Attorney, stated that the time had not run out for comments, and the Board has until March, 1999.

It was noted that the County's consultant is reviewing the issue and is preparing to make a report to the Board.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

GRANTS/ECONOMIC DEVELOPMENT

Mr. Dave Warren, Tourist Development Director, addressed the Board to discuss the application for the Eco/Heritage Tourism Grant Program for Fiscal Year 1998/1999. He stated that there would be a match, which will come out of the Tourist Development Council fund, and he was working on a regional basis with other counties in pursuing these grants.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval to apply for the Eco/Heritage Tourism Grant Program for Fiscal Year 1998/1999.

Commr. Cadwell was not present for the discussion or vote.

REPORTS - COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT #3

FORESTRY SERVICE

Commr. Swartz explained that a letter had been received from the Forestry Service, which he asked staff to review, and the recommendation from staff is to not allow these funds to be used to acquire lands in this County within the established boundaries of the national Forest or adjacent thereto using land for timber exchanges, or tripartite exchanges.

Commr. Gerber asked that the Board, or Commr. Swartz, get back with Mr. Jim Thorsen, District Ranger, and relate to him some of the concerns of the Board.

Commr. Swartz stated that he could leave open the option to discuss specific land purchases that they may have as they come about.

Commr. Hanson stated that she was not in favor of diverting any of these dollars from the roads.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried by a 4-0 vote, the Board approved to authorize the Chairman to send a letter to the USDA leaving open the option to discuss the specifics regarding acquiring lands in this County within the established boundaries of the National Forest or adjacent thereto using land for timber exchanges, or tripartite exchanges.

COMMUNICATIONS/LEGISLATIVE PACKAGE

Discussion occurred regarding the P.E.A.R. statement for inclusion in the 1998/1999 legislative package. Commr. Swartz stated that this would involve the creation of a Resolution in support that would be made a part of the package. He stated that there was information received that may not mean that the County would need to provide funds. He knew that the Water Authority had on their list for acquisition land that is on the west or northwest side of the Palatlakaha River, and they were proposing to buy that as part of a larger acquisition.

Ms. Sue Whittle, County Manager, stated that the draft of the Resolution was received from Senator Anna Cowin's Office, and staff has prepared a Resolution based upon these guidelines. The major change in this Resolution, from the one last March, is that this one is in support of the $1,500,000 supplemental appropriation for the purchase.

Commr. Swartz was of the understanding that it may take some appropriation of County funds, both from the County Commission and the Water Authority, to get an appropriation that would provide that land to the County.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved and adopted Resolution 1998-177 pertaining to the P.E.A.R. statement for inclusion in the 1998/1999 legislative package.

Commr. Cadwell was not present for the discussion or vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:10 p.m.



G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



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