A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 16, 1999

The Lake County Board of County Commissioners met in regular session on Tuesday, February 16, 1999, 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; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool.  Others present were:  Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.

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

AGENDA UPDATE

There were no changes to the Agenda.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 14, 1999 (Regular Meeting), as presented.

CLERK OF COURTS’ CONSENT AGENDA

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

Bonds – Contractor

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

NEW

4595-99           James D. Martin (Plumbing)

5491-99           George F. Crispi (Electrical)

5676-99           Fred R. Wolfe d/b/a B & F Electric of Tampa, Inc.

5677-99           William B. Hutchinson (Plumbing)

5678-99           Bruce Evans (Specialty Contractor/Roofer)

5679-99           William E. Lawson d/b/a Progressive Plumbing, Inc.

5680-99           Carl M. Waldron d/b/a Sun State Plumbing, Inc.

5681-99           William A. Opalach (Electrical)

 

CANCELLATION

5211-98           Sampson Samuel MAS Unlimited

 

County Property

Request for approval of sale of 1958 GMC Tanker, S/N 3748PS2698F, Property No.10281.

Accounts Allowed/Courts-Judges

Request for approval of Satisfactions and Releases of Fines, as follows:

Reduction of Order of Fine for Ted R. Hubbard and Rose M. Robinson, in the amount of $100.00, dated January 20, 1999, recorded in Official Record Book 1680, Pages 847 and 848.  Judgment-Creditor acknowledges receipt of $100.00 as payment in full of said indebtedness and hereby acknowledges satisfaction of said Judgment.

Amended Order of Fine for Sami and Amneh Amori, in the amount of $6,750.00, dated July 20, 1998, recorded in Official Records Book 1628, Pages 1973, 1974, and 1975; and Second Order of Fine, in the amount of $6,350.00, dated July 22, 1998, recorded in Official Records Book 1628, Pages 1968, 1969, and 1970.  Judgment-Creditor acknowledges receipt of $130.00 as payment in full of said indebtedness and hereby acknowledges satisfaction of said Judgment.

Reduction of Orders of Fines for Marvin and Shirley Longnecker, in the amount of $200.00, dated January 20, 1999, recorded in Official Records Book 1680, Pages 845 and 846.  Judgment-Creditor acknowledges receipt of $200.00 as payment in full of said indebtedness and hereby acknowledges satisfaction of said Judgment.

Accounts Allowed/Contracts, Leases and Agreements

Request for approval and signature authorization on Engagement Letter and Contract with Ernst & Young, for the calculation of arbitrage rebate for the Solid Waste Line of Credit.  Estimated fees: $3,950.00.

Accounts Allowed

Request for approval of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

Ambulances-Hospitals/Reports

Request to acknowledge receipt of North Lake County Hospital District’s Annual Financial Report, dated September 30, 1998, and Public Meeting Schedule.

Contracts, Leases and Agreements/Municipalities

Request to acknowledge receipt of Intergovernmental Cooperative Agreement for the Town of Lady Lake, the City of Tavares, and the City of Eustis.

Audits/Public Defender/Reports/State Agencies

Request to acknowledge receipt of State of Florida, Auditor General Report No. 13373, Operational Audit of the Office of the Public Defender, Fifth Judicial Circuit, for the period July 1, 1997 through June 30, 1998.

Public Service Commission/Utilities

Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission to Lake Utility Services, Inc. and All Other Interested Persons, regarding Docket No. 980483-WU: Investigation into Possible Over Collection of Allowance for Funds Prudently Invested (AFPI) in Lake County, by Lake Utility Services, Inc.  Notice is hereby given that a hearing will be held on January 25, 1999, at 10:00 p.m., Jenkins Auditorium, 691 Montrose Street, Clermont, Florida.

Ambulances-Hospitals/Reports

Request to acknowledge receipt of Florida Hospital/Waterman, Inc., North Lake County Ambulance Operations Schedule of Revenue and Expenses, for the Year Ended December 31, 1997.

Reports/State Agencies

Request to acknowledge receipt of Attorney General, State of Florida, Division of Victim Services and Criminal Justice Programs Annual Report for 1997-98.

Municipalities/Ordinances

Request to acknowledge receipt of Annexation Ordinances from the City of Tavares, as follows:

Ordinance No. 98-25, rezoning and amending the future land use map for property generally described as approximately 10 acres of vacant land lying on the north side of Lane Park Cutoff Road, ½ mile east of S.R.19, in Lake County, Florida; rezoning the property from County Agricultural to City Industrial and amending the future land use map from County Urban Expansion to City Industrial.  Passed and ordained the 4th day of November, 1998, by the City Council of the City of Tavares, Florida.

Ordinance No. 98-29, rezoning property generally described as approximately 16 acres of land lying on the north side of Lane Park Cutoff Road, 1 mile east of S.R.19, in Lake County, Florida; rezoning the property from C-1 to Industrial.  Passed and ordained the 2nd day of December, 1998, by the City Council of the City of Tavares, Florida.

Ordinance No. 98-30, amending the permitted uses in a planned facilities district for property generally described as 1.5 acres of land lying on the north side of Caroline Street, south of Ester Street, and generally known as the City of Tavares Caroline Street Wastewater Plant site, in Lake County, Florida; allowing an electrical sub-station as a permitted use; and providing setback requirements.  Passed and ordained the 2nd day of December, 1998, by the City Council of the City of Tavares, Florida.

Ordinance No. 98-32, rezoning and amending the future land use designation of property generally described as approximately .3 acre of land lying on the southeast corner of Ruby Street and Lake Avenue, in Lake County, Florida; rezoning the property from C-1 to RMF-3; changing the future land use designation from Commercial to Residential Low.  Passed and ordained the 6th day of January, 1999, by the City Council of the City of Tavares, Florida.

Accounts Allowed/State Agencies

Request to acknowledge receipt of check from the State of Florida, Fifth Judicial Circuit, Administrative Office of the Courts, payable to Lake County, in the amount of $16,046.00, for the Child Dependency Program.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Hanson questioned whether the fiscal impact of $1,290,000.00 was the total amount due, or whether it was in addition to the total amount due, with regard to Tab 3, a request from Community Services for approval to continue the direct pay procedure during FY 1998/99, for the monthly Medicaid Nursing Home and Hospital bills, as well as establish such procedure for direct pay of the monthly Health Care Responsibility Act bills received by the Department of Community Services, effective with the fiscal year beginning October 1, 1998.

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board, stating that said figure is what his department has budgeted for this year, for said items.  He noted that last year they had requested Board approval to pay said bills, except in those cases where the total amount due exceeded the County Manager’s approved amount, and were just requesting approval to do the same thing this year.

Commr. Gerber requested that Tab 5, a request from Community Services for approval and release of Notice of Funding Availability and Request for Proposal, for the Human Services Grant in Aid Funds for FY 1999/2000, in the amount of $100,000.00; and Tab 7, Item A., a request from Fiscal and Administrative Services for approval of a Resolution to receive unanticipated revenue, in the amount of $53,230.00, from confiscated property, as a result of an undercover investigation by the Lake County Sheriff’s Office, and Item B., a request for approval of transfer of funds, in the amount of $30,000.00, from the General Fund, Constitutional Offices, Inmate Medical Care to Transfer/Jail Ops - Ops Exps, budgeted for Psychiatric services, from the In-House Support Account to the Jail Operations Transfer Account, be pulled and discussed separately.

Commr. Swartz requested that Tab 8, a request from Growth Management for approval to accept and execute a correction of a misprint to Ordinance No. 1998-71, for Westchester PUD (Titan 464, Inc.), be pulled, for clarification.

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

Community Services/Public Health

Request for approval to continue the direct pay procedure during FY 1998/99, for the monthly Medicaid Nursing Home and Hospital bills, as well as establish such procedure for direct pay of the monthly Health Care Responsibility Act (HCRA) bills received by the Department of Community Services, effective with the fiscal year beginning October 1, 1998.

Accounts Allowed/Community Services/Public Health

Request from Community Services for approval of an increase in the annual maximum per individual, for prescription medication vouchers, from $50.00 to $200.00.

Accounts Allowed/Economic Development

Request from Economic Development for approval to return Jobs Growth Incentive Award monies to the Trust Fund Account, in the amount of $70,155.00, of which $400.00 was not used by Handex Environmental, Inc., $2,875.00 was not used by Utility Tools, Inc., and $66,880.00 was not used by Sprint/North Supply.

Bonds - Mobile Home/Growth Management/Zoning

Request from Growth Management for approval of Mobile Home Bond (MHB-99-0001-4), for David and Faustina Golden, 28615 SR 44, Eustis, Florida, for a Temporary Non-Conforming Zoning Use, for a period of three months.

Accounts Allowed/Public Works/Subdivisions

Request from Public Works for authorization to accept a Letter of Credit, for Performance, in the amount of $386,000.00, for Harbor Hills Phase 3 Subdivision.

Accounts Allowed/Contracts, Leases and Agreements/Grants/Public Works

Request from Public Works for approval and signature on the Florida Traffic and Bicycle Safety Education Program Grant Letter of Agreement, in the amount of $1,500.00.

Public Works/Resolutions/Road Closings

Request from Public Works for approval of Resolution No. 1999-25, advertising Vacation Petition No. 890, by Donna Crittenden and Representative Debbie Williams, to vacate right-of-way, Section 32, Township 22S, Range 26E, Clermont area - Commissioner District 2.

Public Works/Resolutions

Request from Public Works for approval of Proclamation No. 1999-23, officially declaring the week of February 22-27, 1999, as National Engineer’s Week in Lake County and that the Chairman present said proclamation recognizing same.

Accounts Allowed/Contracts, Leases and Agreements/Public Works/Subdivisions/Roads-County and State

Request from Public Works for authorization to accept the final plat for Crown Pointe Subdivision; execute a Developer’s Agreement between Lake County and Crown Pointe Land Trust, for Maintenance of Improvements; accept a Letter of Credit, for Maintenance, in the amount of $17,869.00; and execute Resolution No. 1999-26,  accepting Grandlake Court “Part” (2-1043E) and Crown Point Circle (2-1144A) into the County Road Maintenance System - subdivision consists of 24 lots - Commissioner District 2.

Accounts Allowed/Contracts, Leases and Agreements/Public Works/Subdivisions/Roads-County and State

Request from Public Works for authorization to accept the final plat for Prominent Pointe Subdivision; execute a Developer’s Agreement between Lake County and Franklin D. Longenbach and Brenda P. Longenbach, for Maintenance of Improvements; accept a Letter of Credit, for Maintenance, in the amount of $15,500.00; and execute Resolution No. 1999-27, accepting Flynn Court (2-1067) and Champagne Drive (2-1067A) into the County Road Maintenance System - subdivision consists of 10 lots - Commissioner District 2.

Public Works/Subdivisions

Request from Public Works for authorization to accept the final plat for Selma Homesites Partial Replat - subdivision consists of replatting lots 30-32 and 40-52 - Commissioner District 1.

Accounts Allowed/Contracts, Leases and Agreements/Public Works/Resolutions/Subdivisions/Roads-County and State

Request from Public Works for authorization to accept the final plat for Avalon Estates Phase 2 Subdivision; execute a Developer’s Agreement between Lake County and Franklin D. Longenbach and Brenda P. Longenbach, for Maintenance, in the amount of $10,881.00; and execute Resolution No. 1999-28, accepting Lovers Lane “Part” (2-0965), Heartwood Loop (2-0965A), and Romance Court (2-0966) into the County Road Maintenance System - subdivision consists of 16 lots - Commissioner District 2.

Deeds/Public Works/Rights-of-Way, Roads and Easements

Request from Public Works to accept the following:

Non-Exclusive Easement Deed

Daniel C. and Joanne D. Fay

Unnamed Road

 

Statutory Warranty Deeds

Nels E. Frid

R. W. Ragin, II

Dorothea T. Jackson

William M. Ragin

Cemetery Road (5-7679)

 

Curtis Harlow

Marion County Road (5-8010)

 

Robert H. and Patricia A. Romine

Marion County Road (5-8010)

 

James C. and Penny C. Feagle

Youngs Road (1-4006)

 

Temporary Non-Exclusive Easement Deed

Robert H. and Patricia A. Romine

Marion County Road (5-8010)

 

PERSONAL APPEARANCES/PUBLIC HEARINGS

PRESENTATIONS

RESOLUTIONS/PUBLIC WORKS

The Chairman presented Proclamation No. 1999-23, officially declaring the week of February 22-27, 1999, as National Engineer’s Week in Lake County, to the County’s engineers.

EDUCATION/RESOLUTIONS

The Chairman presented Proclamation No. 1999-22, proclaiming February 14-20, 1999, as Vocational Education Week in Lake County, to Ms. Susan Moxley of the Lake County Technical Center.

REPORTS

COUNTY ATTORNEY

ANNEXATIONS/CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES

Mr. Sandy Minkoff, County Attorney, informed the Board that his office had received correspondence from Mr. Gary Cooney, Attorney, representing the Cities of Mt. Dora and Fruitland Park, requesting that the County once again consider entering into an agreement with said cities, which would allow them to annex enclaves of less than 10 acres.  He stated that he had provided the Board with a copy of the agreement that was entered into in 1994, with the City of Mt. Dora, as well as a copy of Chapter 171.046 of the Florida Statutes, which addresses the matter.  He noted that, if the Board approved this request, an agreement would have to be drawn up and a public hearing held regarding same.

Mr. Cooney, Attorney, addressed the Board stating that they signed an agreement with most, if not all, of the cities in the County in 1994, allowing them to annex enclaves; however, that agreement expired in 1996 and there are now areas within Fruitland Park and Mr. Dora that meet the test for a 10 acre enclave that did not meet it before.

Commr. Hanson questioned why the Board does not do the same thing with the other cities in the County.

Mr. Minkoff, County Attorney, stated that, if the Board approved this request, staff would contact all the other cities, to see if any of them are interested in entering into an agreement, as well.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to prepare Interlocal Agreements between Lake County and the Cities of Mt. Dora and Fruitland Park, allowing them to annex enclaves of less than 10 acres.

ACCOUNTS ALLOWED/COMMUNITY SERVICES/GRANTS

Commr. Gerber informed the Board that she asked that this request be pulled from the County Manager’s Consent Agenda, because she wanted to discuss it separately.  She stated that the County has established a Human Services Grant Advisory Committee (HSGAC); however, she was not aware that it states, under Funding Availability, on Page 1 of the Request for Proposal (contained in the Board’s backup material), that it is incumbent upon the HSGAC to design new methods for addressing human service needs in the community.  She stated that she did not know that the HSGAC was as formal as that - that they had actual tasks.  She stated that she never saw the grant money as seed money to go to organizations, to start new groups.  She stated that she thought the seed money was being given to groups that were in need, who were already in partnerships and working toward getting things done.  She stated that this was not what she had in mind for said monies.

Commr. Gerber further stated that she had a concern about the fact that Item 1, under Program Criteria, on Page 2 of the Request for Proposal, states that one must provide assistance to individuals or families, to aid in economic self-sufficiency, or must possess an educational/counseling component, to assist an individual or family in obtaining necessary life skills and self-esteem.  She stated that she felt the word or should be changed to and, because she feels that one does not get a grant just for providing educational/counseling components.

Commr. Swartz stated that he felt the issues Commr. Gerber brought up for discussion were good ones, however, suggested that they be addressed at the Fiscal Retreat that the Board has scheduled for March 4, 1999, and, in the meantime, that staff put together some guidelines for the Board to consider.

The Chairman suggested that the Senior Director for Community Services, Mr. Fletcher Smith, meet with the Commissioners, before the Fiscal Retreat, and review this request once more.

It was the consensus of the Board to pull Tab 5, a request from Community Services for approval and release of Notice of Funding Availability and Request for Proposal for the Human Services Grant in Aid Funds, for FY 1999/2000, in the amount of $100,000.00, from the Consent Agenda and address it at the Board’s Fiscal Retreat.

ACCOUNTS ALLOWED/BUDGETS/BUDGET TRANSFERS/JAILS/RESOLUTIONS

FISCAL AND ADMINISTRATIVE SERVICES/SHERIFF’S OFFICE

Commr. Gerber informed the Board that she had asked that this request be pulled from the Consent Agenda and discussed separately, because she was having a problem with spending an additional $20,000.00 for mental health counseling for inmates, when there are residents of Lake County who need mental health counseling, but never get it.  She stated that she felt the $30,000.00 being charged for one trip per week was enough.

Commr. Cadwell suggested that this item be postponed until later in the meeting, when the Sheriff could be present to discuss the matter.

It was the consensus of the Board to do so.

GROWTH MANAGEMENT/ORDINANCES/SUBDIVISIONS

Commr. Swartz informed the Board that he had asked that this request be pulled from the Consent Agenda, to be discussed separately, because he wanted to point out an additional scrivener’s error, in addition to the scrivener’s error contained on Page 2 of the Ordinance, under Paragraph B.1., where staff was requesting that the commercial acreage of 1.0 be changed to 5.04.  He stated that, on Page 4 of the Ordinance, under III.1., the 0.4 acres should be changed to 2.2, which would make it consistent with the open space figure noted on the site plan contained within the packet for this request.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to accept and execute two corrections of misprints to Ordinance No. 1998-71, for Westchester PUD (Titan 464, Inc.), as noted.

PUBLIC HEARING

SIGN ORDINANCE

GROWTH MANAGEMENT/MUNICIPALITIES/ORDINANCES

The Chairman informed those present that this was the first public hearing, for the purpose of discussing and acting on the Sign Ordinance, excluding any reference to billboards, noting that the issue of billboards would be handled under a separate ordinance.

Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; REPLACING SECTIONS 11.00.00, 11.01.00, 11.01.01, 11.01.02, 11.01.03, 11.01.05, 11.02.00 AND 11.03.00 CHAPTER XI, SIGNS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR SIGN PERMITTING REQUIREMENTS; PROVIDING SIZE AND SETBACK LIMITATIONS; PROVIDING FOR INCENTIVES TO CONVERT NONCONFORMING USES; PROVIDING FOR ENFORCEMENT; RENUMBERING SECTION 11.01.04, OFF-SITE SIGNS, TO SECTION 11.06.00; REPEALING AND REPLACING SECTION 3.11.04.B (1) REGARDING NONCONFORMING SIGNS; AMENDING SECTIONS 3.12.02B AND 3.12.03B REGARDING BED AND BREAKFAST SIGNS; AMENDING CHAPTER II, LAND DEVELOPMENT REGULATIONS ENTITLED DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Mr. Minkoff noted that the second reading and adoption of the Ordinance would be on March 9, 1999, at 5:05 p.m.

A brief discussion occurred regarding school bus stop shelters and whether or not they should fall under Section 11.01.04 - Exempt Signs, on Page 5 of the Ordinance.

It was noted that at least the right-of-way utilization aspect of them should be considered and that they should be required to conform to the provisions of the agreement that the County has with the vendors that are advertising on said shelters.

It was further noted that, with regard to gas price signs, the County has not outlawed them; gas stations are just allowed a certain amount of square footage to do said advertising.

Commr. Hanson questioned whether the draft Ordinance had been made available to the public and, if so, for how long, and had staff requested comments back from the industry.

Ms. Sharon Farrell, Senior Director, Growth Management, informed the Board that she had mailed out another copy last week, however, noted that it was the same ordinance that has been around, with the exception of two line changes that were made after the Planning and Zoning Commission Meeting, being (1) the definition of abandoned signs, and (2) a rewording of the language pertaining to landscaping planting areas.

Commr. Hanson brought up for discussion the issue of setbacks, noting that she feels the County needs to have some allowance for particular situations involving setbacks for signs, which she elaborated on.

It was noted that the best way to handle said matter would be to apply to the Variance Board for a variance.

Commr. Pool questioned the difference between maintaining a sign and repairing one and when one would have to obtain a permit, with regard to same, noting that, on Page 4 of the Ordinance, under Section 11.01.01 - Permits Required, under General Provisions, it states that no permit is required for the maintenance of a sign; however, on Page 5, under Section 11.01.06 - Permitting Procedures, it states that an applicant shall obtain a permit to erect, alter, or repair a sign.

Mr. Minkoff, County Attorney, stated that it would fall under the Building Code, noting that it would be the Building Official’s decision as to whether a sign needed maintenance or repair and whether or not it would need a permit.

Commr. Pool questioned Section 11.01.07 - Freestanding Signs to be Ground Signs, on Page 6 of the Ordinance, noting that it states that all means of support shall be concealed and that the width of such enclosed base shall be equal to at least three-fourths of the horizontal width of the sign surface.  He stated that, by requiring same, the County was, aesthetically, defeating the purpose of a ground sign.

The Chairman opened the public hearing.

Mr. Don Davis, Real Estate Manager, Miller Enterprises and Handy Way Convenience Stores, addressed the Board stating that, on September 9, 1998, he sent the Board a letter explaining his firm’s position on signage.  He distributed a Signage Plan that Handy Way Convenience Stores has used in Lake County for the past several years, for the Board’s perusal.  He addressed various concerns he had about the Sign Ordinance, one being the issue of multiple uses and whether or not a Handy Way Convenience Store could fall under said category, due to the fact that national food chains such as Subway, TCBY, Taco Bell, and Hardees have shops within the convenience stores, as well as the fact that Handy Way Convenience Stores sell Citgo gas.  He discussed the amount of signage that his firm would be allowed, under the proposed Sign Ordinance, and the amount of signage that they would actually need, to properly advertise the national food chain shops that are contained in each Handy Way store.  He discussed the advertising requirements that each national food chain requires, for their businesses to be placed within a Handy Way Convenience Store, and how the proposed Ordinance is prohibiting his firm from doing so.  He stated that he felt they should fall under the Multiple Uses category.  Another concern he had was the advertising that is done on the tops of gas pumps and as to what type of signs they would be considered, under the Ordinance.

Considerable discussion occurred regarding the matter, at which time Mr. Davis was informed that the Handy Way Convenience Stores would fall under the single user category, even though they contained other national food chain shops, therefore, would not be allowed to have additional square footage for their signage.

Mr. Davis stated that he felt there should be some flexibility in the Code.

The Chairman directed staff to try to come up with some language to address the advertising that is done on the tops of gas pumps and as to what type of signs they would be considered.

Mr. Jeffrey Richardson, Action Portable Signs, Leesburg, addressed the Board stating that, if they approved the proposed Ordinance, it would put him out of business, because it prohibits portable signs.  He stated that, in talking with several of the Commissioners, he felt they did not want to prohibit portable signs altogether, however, noted that the draft Ordinance still prohibits them.  He stated that a lot of the smaller businesses in the County cannot afford site built signs; therefore, they use his signs, because they are fairly inexpensive to rent.  He asked the Board to reconsider the portion of the Ordinance dealing with portable signs and allow him to stay in business.

Commr. Pool stated that he was not a proponent of portable signs staying up year round; however, he had a problem with the Board totally banning portable signs and putting people out of business.

Commr. Hanson stated that she felt staff needed to look at this issue and try to come up with a regulation that would allow portable signs, but on a temporary basis.

RECESS AND REASSEMBLY

At 10:15 a.m., the Chairman announced that the Board would recess until 10:30 a.m.

PUBLIC HEARING

SIGN ORDINANCE

GROWTH MANAGEMENT/MUNICIPALITIES/ORDINANCES (CONT’D.)

Commr. Swartz informed the Board that a question was raised, during the recess, regarding Item No. 2 - Multiple Occupancy Commercial Sites, on Page 16 of the Ordinance, which contains language that allows for additional ground signage, up to 50% of that allowed on the primary frontage, if the building has multiple frontages, with an architectural design indicating front street orientation to both frontages; however, it was his understanding that the Ordinance was going to allow, when one had multiple frontages, not just ground signs, but also  wall signs, when it met said criteria.  He stated that that was the intent of the Board, however, noted that said language is not contained within the Ordinance.  He stated that the Board needs to make that clarification, if that is, in fact, their intent.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, addressed the Board stating that she was representing clients that are adversely affected by both the on-site and off-site Ordinances.  She stated that, for something that was going to have such a dramatic impact on the County, she found it very disheartening and of great concern that no members of the industry have been involved in the process.  She stated that the Ordinance that was before the Board at the workshop meeting that was held in November of 1998 was the same ordinance that was before the Board this date, noting that no changes have been made.  She stated that it was brought to her attention that certain commissioners have predetermined where their position may be on this issue, even though there seems to be no real understanding of what the terms and conditions of the Ordinance are.  She stated that no one has gotten straight answers.  She stated that businesses have been told not to worry, because nothing has changed, however, noted that there are a number of trip wires in the Ordinance that, as soon as it is passed, said businesses will have to come into automatic compliance.  She stated that she did not see how there could be major modifications to the Ordinance, when it goes to a final public hearing in two weeks.

Ms. Bonifay stated that she feels certain types of industry need to be dealt with accordingly, whether it be gas stations, convenience stores, etc., and that she feels the Board needs to reassess both the height and size requirements for the signs.  She stated that studies were given to Ms. Farrell at the last meeting that was held, before the Ordinance went before the Planning and Zoning Commission, that were provided by the sign industry, for staff to look at, in terms of safe distances and sizes of signs, however, noted that Ms. Farrell indicated that staff did not look at said studies, that they were disregarded.  She stated that the only thing that staff could tie their distances to was a manual on Uniform Traffic Control Devices, which she noted does not deal with signage for business purposes.  She stated that her clients have grave concerns, noting that most of the major roadways in Lake County are scheduled for widening, at some point, and the County is not going to have an even distribution of the taking of rights-of-way.  She stated that the Board is going to create a great deal of disparity, in terms of which signs will be removed and how those businesses can rebuild.  She stated that the Florida Department of Transportation will not allow them to replace their signs, except in conformance with county standards; therefore, if a business is located on the north side of Hwy. 441 and all the right-of-way is taken on the south side of the highway, those businesses on the north side of the highway will be able to keep their pole signs, while those located on the south side of the highway will have an economic disadvantage, because they will not be able to replace their pole signs, they will have to go to ground signs.  She noted a concern about possible accidents being caused, because of the County’s aging population not being able to see the ground signs in time to safely access the businesses.

Mr. Dan Hayes, Mid-Florida Signs, Leesburg, addressed the Board stating that he was in favor of a Sign Ordinance, he just happened not to be for the one before the Board this date, due to (1) the issue of height, and (2) the issue of the sign area.  He stated that he felt the County was trying to come down too low and too small, in comparison to surrounding areas and counties.  He stated that he intended to comply with the Code, however, asked that the Board look at the issue of code enforcement, because there are a lot of non-conforming signs in the County today that may be affecting somebody’s decision, with regard to ugly signs.  He stated that he did not see anywhere in the Ordinance consequences for erecting non-conforming signs and feels that it should be in there, because he feels that there will probably be an influx of non-conforming signs erected in the County.  He stated that it is easy to do, with the lack of code enforcement.  He stated that he tries to police the sign industry, however, noted that it is very difficult to do in Lake County.

Mr. Minkoff, County Attorney, informed the Board that sign regulations are contained within the Land Development Regulations and are normally enforced through the code enforcement process, which he noted can result in fines of $250.00 per day up to $500.00 per day, for repeat violators.  He noted, however, that it is currently a complaint based system; therefore, unless a complaint is registered, Code Enforcement does not act upon it.  He stated that, if a business has a state or local contracting license, an intentional violation of the Code could lead to discipline.  He noted, however, that he could not say that one is required to have a contractor’s license to erect a sign.

Commr. Swartz suggested that said issue be reviewed between now and the second public hearing, to see if the Board needs to address it.

Ms. Jean Kaminski, Executive Director, Home Builders Association of Lake County, addressed the Board, regarding the issue of historic signs and making some provision for them, however, noted that she did not see anything in the proposed Ordinance about same.  She further stated that there does not seem to be any place in the Ordinance that contains a variance procedure.  She stated that she had seen it in the earlier draft, however, did not see it in this particular draft.  She stated that things such as businesses not being able to meet setbacks, or other types of issues where a variance process is needed, should be in the Ordinance.

Commr. Swartz suggested that Commr. Gerber work with the Historic Society, to find out if there is any criteria that they would recommend that the Board might consider, at which time they could amend the Ordinance to include it.

Commr. Gerber stated that staff could do a countywide survey of historical signs and bring said information back to the Board, at a later date, for their review.

Mr. George Karst, a businessman in Lake County, addressed the Board stating that he was both saddened and angered by the entire process, noting that he finds it extremely disappointing.  He stated that the Board has created a radically restrictive sign ordinance, with virtually no demand from the public, no research to support the Ordinance, and have accepted virtually no input from the industry, with the exception of a few suggestions that were made and incorporated.  He stated that he felt the proposed Ordinance was nothing more than a cut and paste ordinance, taken from a variety of extremely restrictive ordinances from other counties and municipalities.  He stated that, if the Board’s purpose is to discourage business in Lake County, then they should adopt the Ordinance.

Mr. Bernard Yokel, representing the Lake County Conservation Council, addressed the Board and discussed what has transpired in other parts of the State, with regard to signage.  He stated that he sees the Ordinance as an opportunity to do something that shows some vision and anticipates what the Board wants Lake County to look like in the future.  He stated that, in a tourist oriented community, such as Lake County, signs create the first and perhaps most vital first impression.  He stated that growth in Florida and Lake County is inevitable, but ugliness and confusion is not; therefore, he feels the Board needs to move toward ordinances like the one being proposed, to prevent a level of ugliness and confusion.  He stated that he feels the proposed Ordinance is a huge improvement over what currently exists, because it clarifies the intent of the County to do something proactive, to prevent a problem,  better defines the ground rules for the users, provides enforcement, and allows the communities to protect their special identity.  He referred to Lines 27-28, under Section 11.00.00 - Purpose and Intent, on Page 3 of the Ordinance, noting that it states that it is the intent of said chapter to provide regulations to preserve scenic economic aesthetic values within Lake County; however, he felt the wording “within Lake County” should be deleted and replaced with “including the special character and attractiveness of Lake County communities.”

Ms. Gena Swartz, representing Citizens for Scenic America and, specifically, Citizens for Scenic Florida, of which she is a member of the Board of Directors, addressed the Board stating that the economic gloom and doom that one hears about the Sign Ordinance and its restrictions to businesses has not been borne out by any study that was conducted in any other area of the country.  She stated that the latest study she read, from the State of Virginia, who’s third largest industry is tourism, concluded in their Executive Summary that the quality of life of its citizens  and the economic viability of their area would be enhanced by the controlling of ugliness in general, signs specifically.  She urged the Board members to go to the intersection of Hwy. 441 and Donnelly Street, in Mt. Dora, to see the attractive ground signs that promote the businesses in that area.  She stated that they do not shout at you, when you drive by, but beckon you instead.   She stated that she does not feel Mt. Dora has suffered, because of its sign restrictions.  She stated that Mt. Dora probably has the best economy of any small city in Lake County and they do not have the ugly proliferation of signs that one sees everywhere else in the County.  She questioned whether the standards of Lake County should be lower than the standards that Mt. Dora has set for itself.

Ms. Sheila Schneider, a resident of south Lake County and member of the Board of Adjustment, addressed the Board stating that she feels the gloom and doom predicted by the business community is premature.  She stated that she feels the proposed Ordinance shows a lot of vision by the Board and urged them to continue in that direction.

The Chairman clarified the fact that, even though one of the local newspapers reported that Commr. Swartz was the architect of the Sign Ordinance, it was actually a product of suggestions made by Commrs. Hanson and Gerber that the Board had been lacking in its efforts, with regard to same, and that it was time for them to act on it.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

At this time, the Chairman noted that the Board would vote on various issues that had been brought to their attention, regarding the proposed Sign Ordinance.

Discussion occurred regarding the first issue, being the size of the support for ground signs.

Commr. Hanson stated that, if the Board was going to require landscaping under the signs, it would almost defeat the purpose of having ground signs.  She stated that she failed to see why the County was going to be so restrictive as to require only ground signs and no pole signs, when they are going to require landscaping around the base of them.

Commr. Cadwell stated that the proposed Ordinance states that the base of a ground sign must be at least three-fourths of the horizontal width of the sign surface.

A motion was made by Commr. Gerber and seconded by Commr. Pool to reduce the width of the base of a ground sign from 75% of the horizontal width of the sign surface to 50% of it.

Under discussion, Commr. Swartz stated that he felt the 75% requirement was adequate, because it provides flexibility.

Commr. Gerber stated that, visually, 50% would look better than 75%, from her perspective.

Ms. Farrell was asked to display various pictures that staff had taken of ground signs in and around Lake County, some of which show that the base of some of the signs are wider than the signs themselves.

Commr. Pool stated that, if a business is allowed additional height for their sign, with the 75% requirement for the base, it will be a big sign; however, if the base of the sign is reduced to 50%, it will make a better looking sign.

Commr. Swartz stated that, if the base of a sign is 50% of the horizontal width of the sign surface, it is a modified pole sign.

The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.

Commrs. Cadwell and Swartz voted “No.”

Discussion occurred regarding a second issue, being that of Multiple Occupancy Commercial Sites.

Commr. Cadwell stated that his concern about this issue was where to draw the line, noting that a tire business could be in the shocks and air conditioning business, as well.

Commr. Swartz stated that, with clarification of the second frontage allocation for both wall and ground signs, it provides up to 50% additional signage.

Commr. Hanson stated that she would like for there to be an incentive for businesses to have one sign, rather than two.

Commr. Pool stated that he was concerned that businesses putting messages on the walls of their businesses, rather than on their signs, could prohibit the safe passage of cars, which he elaborated on.  He stated that he felt the County should allow some type of multiple signage on roadways, to ensure the health, safety, and welfare of the general public, noting that the signage could be reduced and still provide an adequate amount of information.

Ms. Farrell pointed out the fact that the proposed Ordinance contains language, under Section 11.02.03 - Commercial Districts, under Item 1.A.3., on Page 14, Line 12, which covers the issue of ground signs, noting that it states that one ground sign per parcel shall be permitted for each primary street frontage, with a maximum allowable copy area of sixty (60) square feet per face, for sites on designated Arterial Roadways, and forty-eight (48) square feet per face, for sites on designated Collector Roadways.  She stated that a business could have a sixty (60) square foot sign on each street frontage.

Commr. Hanson suggested that staff check with Seminole County, to see what their restrictions are, with regard to same.

A motion was made by Commr. Hanson and seconded by Commr. Pool to increase the height of ground signs fronting on four-lane divided highways, not to exceed 15 feet in height.

The Chairman called for a vote on the motion, which failed, by a 2-3 vote.

Commrs. Cadwell, Swartz, and Gerber voted “No.”

Discussion occurred regarding the issue of portable signs, at which time Commr. Hanson stated that she felt the Board should allow portable signs for 30 or 60 days per calendar year, but no more, and that they should be allowed as temporary signs for non-profits and special events.

Commr. Cadwell suggested that the two issues be addressed separately.

Commr. Pool stated that he would like to see a lot less of portable signs and for a shorter period of time; however, he felt to ban them entirely would be too prohibitive, because there are many special events where a temporary portable sign would work very well.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried, by a 4-1 vote, the Board approved to allow portable signs to be used as temporary signs for special purposes, such as art festivals, bike festivals, triathlons, etc.

Commr. Swartz voted “No.”

Mr. Minkoff, County Attorney, clarified the fact that special events appear in each of the zoning districts and the intent was that, in each of those districts, portable signs would be allowed.

A motion was made by Commr. Pool and seconded by Commr. Hanson to allow portable signs for a 30 day period, within a calendar year.

Mr. Minkoff, County Attorney, interjected that, if the motion was approved, a new section would be created within the Ordinance, to address the matter.

Commr. Swartz stated that the effect of the motion would be that shopping plazas that contain ten to twelve different businesses would be allowed to have a portable sign moving from one business to another, throughout an entire year.

Commr. Gerber stated that she would not support the motion, because Code Enforcement does not have the personnel to deal with it.

Commr. Pool stated that said problem could be simplified very quickly by limiting a site, such as a shopping center, to no more than 90 days within a calendar year, which would prevent year round portable sign usage for that site.

Commr. Swartz stated that he felt it was going to be difficult for the County staff to enforce it and that he did not feel portable signs were in keeping with what the Board is trying to do with the Ordinance.  He stated that he did not feel it should go beyond a 14 day non-profit special event.

Commr. Hanson suggested that the motion be amended to limit portable signs to 90 days within a calendar year, per location, rather than per business, which she noted would take care of the issue about shopping centers.

Commr. Pool amended his motion, to include said language, and Commr. Hanson seconded the amendment.

The Chairman called for a vote on the motion, which failed, by a 2-3 vote.

Commrs. Cadwell, Swartz, and Gerber voted “No”.

The Chairman stated that another issue that needed to be voted on was that of some new language that had been suggested be added to the language in Section 11.00.00 - Purpose and Intent, on Page 3 of the Ordinance, being that the wording “within Lake County”, on Line 28, be deleted and replaced with the wording “including the special character and attractiveness of Lake County communities.”

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to add the additional language to Page 3, Line 28, of the Ordinance, as noted by the Chairman.

The County Attorney, Mr. Minkoff, brought to the attention of the Board the issue of advertising on school bus shelters.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to continue to allow advertising on school bus shelters, however, requiring right-of-way utilization permits.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to allow those types of advertising that are located under other structures, such as advertising that is done on the tops of gas pumps.

A brief discussion occurred regarding the issue of Item No. 12 - Advertising Signs, on Page 4 of the Ordinance, at which time Commr. Swartz requested clarification as to exactly what type of advertising flags would be prohibited.

Ms. Farrell, Senior Director, Growth Management, interjected that said issue was covered on Page 3 of the Ordinance, under Section 11.00.00 - Purpose and Intent.  She stated that said language could also be repeated under Section 11.01.04 - Exempt Signs, on Page 5 of the Ordinance, should that be the wishes of the Board.

Staff was requested to look into the matter and make sure that it is clear in the Ordinance.

Commr. Swartz brought to the attention of the Board the fact that, on Page 16 of the Ordinance, under Item 2.A., Paragraph 4.c., under Maximum Sign Area, which pertains to commercial centers up to 10,000 square feet, it states that the maximum sign area shall be fifty-six (56) square feet; however, when one looks back to a single use, as opposed to a multiple use, the County allows sixty (60) square feet.  He stated that he felt said section should be consistent with the 60 square feet that is used under a single user.  He noted that it is currently more restrictive for a multiple user than a single user.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to amend Paragraph 4.c., under Item 2.A., on Page 16 of the Ordinance, from a maximum of fifty-six (56) square feet to a maximum of sixty (60) square feet.

Commr. Hanson brought up for discussion the issue of campaign signs, noting that she feels it is one of the greatest concerns of the public.  She stated that there are some members of the public who like to put them in their yards, in support of their candidates; therefore, she would like to see the Board address the issue and go as far as they can constitutionally.

Commr. Cadwell stated that the Board could require candidates to put up a bond, to make sure that the campaign signs come down within a reasonable amount of time after an election.

Mr. Minkoff, County Attorney, informed the Board that the Ordinance requires a 30 day removal of campaign signs in all districts.

Commr. Pool stated that he had a problem with the 30 days, noting that he feels, once an election is over, two weeks is more than enough time to pick up the signs.  He questioned whether the 30 days was State mandated, or County mandated.

Ms. Melanie Marsh, Assistant County Attorney, addressed the Board stating that the State does not mandate 30 days.  She stated that they say one should use a good faith effort to take campaign signs down in 30 days; however, the problem with that is that there is case law where removal has been set at 10 days after an election and the courts have stated that it is not allowed, because it is treating a sign based on content.  She stated that the Ordinance states 30 days, because the County allows other temporary signs to be up for 30 days.

A motion was made by Commr. Gerber and seconded by Commr. Swartz to approve the proposed Sign Ordinance, as amended.

Under discussion, Commr. Hanson stated that she still had a concern about the height issue, however, noted that she would vote for the Ordinance, but reserve the opportunity to change her vote at the final public hearing.

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

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

BUDGETS/BUDGET TRANSFERS/FISCAL AND ADMINISTRATIVE SERVICES

ACCOUNTS ALLOWED/JAILS/RESOLUTIONS/SHERIFF’S OFFICE

Mr. Gary Borders, Operations Director, Department of Corrections, Lake County Sheriff’s Office, addressed the Board regarding a request from the Sheriff’s Office for a transfer of funds, budgeted for psychiatric services, from the In-House Support Account to the Jail Operations Transfer Account, at which time he answered questions from the Board regarding various concerns they had about the request.

Commr. Gerber stated that she was concerned about the fact that inmates may be getting better treatment in the Jail than they do outside the Jail.

Commr. Hanson questioned whether those inmates that have been incarcerated, but have not been adjudicated, could get Medicare, to help with the costs involved with the psychiatric visits.

Mr. Borders stated that that issue is being discussed; however, they have been informed that, as long as someone is in Jail, they are not eligible for Medicare.

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Fiscal and Administrative Services for approval of the transfer of funds, in the amount of $30,000.00, from the General Fund, Constitutional Offices, Inmate Medical Care to Transfer/Jail Operations - Operations Expenses.  It was noted that the Sheriff was requesting a transfer budgeted for psychiatric services from the In-House Support Account to the Jail Operations Transfer Account.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-24, to receive unanticipated revenue, in the amount of $53,230.00, from Confiscated Property, as a result of an undercover investigation by the Lake County Sheriff’s Office.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/FISCAL AND ADMINISTRATIVE SERVICES

SHERIFF’S OFFICE

The Chairman announced that he had discussed the issue of a request from Fiscal and Administrative Services, for approval of a request from George E. Knupp, Jr., Sheriff of Lake County, to fund four additional dispatchers and Mobile Data Terminals, however, had decided that the issue should be addressed at the Board’s Retreat that is scheduled to be held March 4, 1999, due to the fact that there are a couple of options that will have a long-range effect.  He stated that a representative from the Sheriff’s Office could attend the Retreat and discuss the issue with the Board.  It was noted that the fiscal impact for the dispatchers for 1999 is $57,090.00; the fiscal impact for the dispatchers for a full year is $111,436.00; and the Mobile Data Terminals one time capital outlay is $1,011,384.00, with an annual expenditure of $114,000.00, for communications service and software maintenance.

ACCOUNTS ALLOWED/FISCAL AND ADMINISTRATIVE SERVICES

GRANTS/STATE AGENCIES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Fiscal and Administrative Services for approval of an Article V Grant-in-Aid of $17,749.00, for FY 1998/99, from the State of Florida.

ACCOUNTS ALLOWED/RIGHTS-OF-WAY, ROADS AND EASEMENTS

PUBLIC WORKS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request to purchase acreage that Ms. Carla Doerr owns, that the County has been working on since 1992 for road right-of-way and water retention for the CR 448 extension.  He stated that he had been directed by the Board to bring this matter back to them, to decide if the County should go forward with the acquisition of the property at $42,000.00 per acre, which is what Ms. Doerr is requesting, for a total of $126,000.00.  He informed the Board that a map of the site in question was contained in their backup material.

A motion was made by Commr. Hanson and seconded by Commr. Pool to approve a request from Public Works for approval to purchase approximately three acres of property for road right-of-way and water retention for the CR 448 extension, from Ms. Carla Doerr, in the amount of $42,000.00 per acre, for a total of $126,000.00, with an alternative to purchase the remaining property.

Under discussion, Commr. Swartz stated that the Board knew it would be faced, from time to time, with paying more than the appraised value of a parcel and that it may be less expensive to pay more than the appraised value then to go through condemnation, in order to acquire a parcel of property, which this case may fall into.  He stated that he was concerned about the fact that, in this instance, the property owner is going to gain significant value in their property, because of the access to the back of the parcel, off Hwy. 448.  He stated that, if the road is put in, the owner could end up with an additional four lots that would all be fronting on the road and have considerably enhanced road access and value.  He stated that, for that reason, he is troubled with the fact that the landowner wants to charge the County almost triple what the appraised value is, when she is going to end up with four lots at a tremendously enhanced value.  He suggested that the Board back away from the deal, if the County cannot find some better accommodations with the property owner, because he did not want the County to be held hostage with a property owner that is going to be benefitted greatly.  He stated that, if the County cannot come to some agreement with the property owner, he would not hesitate extending CR 448 through the northern end of the County’s property, even though it would not allow the intersection to line up as conveniently as the County would like for it to.

Commr. Hanson stated that she felt Commr. Swartz made a very good point.  She stated that she would like to see the County try to work it out with the property owner, therefore, withdrew her motion.

Commr. Pool withdrew his second to the motion.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board directed staff to try to renegotiate the purchase of approximately three acres of property for road right-of-way and water retention for the CR 448 extension, from Ms. Carla Doerr, in the amount of $26,000.00 per acre, rather than the $42,000.00 per acre being requested, with an alternative to purchase the remaining property, making the property owner aware of the other option that the Board could take, alluded to by Commr. Swartz.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMISSIONERS/COMMITTEES

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-29, appointing Commr. Catherine C. Hanson as a representative to the Affordable Housing Advisory Committee.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-30, reappointing Mr. Daryl Cooper as the USDA Rural Development Representative on the Affordable Housing Advisory Committee.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ZONING

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board reappointed Mr. Jerry Galbreath and Mr. John Burris to the Planning and Zoning Commission, representing District 1.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously,  by a 5-0 vote, the Board reappointed Ms. Charlotte Lehner and Mr. Michael Carey to the Planning and Zoning Commission, representing District 3.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board reappointed Mr. Paul Bryan, II and Mr. James Mayfield to the Planning and Zoning Commission, representing District 5.

Commr. Pool informed the Board that he has discovered that the Planning and Zoning Commission appointments for District 2 will be in place until the year 2000, which he has a problem with, due to the fact that he does not know the individuals that are currently serving his district very well and feels that they would probably not represent his position on matters, therefore, would like to remove them from the Planning and Zoning Commission and replace them with individuals that he feels will share his position on matters that he feels are important to Lake County.  He stated that he had spoken with both of the current members and they were very understanding of his position.

A motion was made by Commr. Pool and seconded by Commr. Hanson to remove the current members of the Planning and Zoning Commission representing District 2, being Ms. Nancy Fullerton and Mr. Howard Barry, and appoint Mr. Greg Homan and Mr. Larry King to replace them, with their terms to expire February 29, 2000.

Under discussion, Commr. Cadwell stated that he felt appointments to various committees should come after a Commissioner is elected and questioned the County Attorney as to whether it would be handled through an ordinance.  He stated that he has always been very supportive of a district commissioner having say over his or her appointments.

Mr. Minkoff, County Attorney, stated that it would take a Land Development Regulation amendment to adjust appointments to committees to the election time for the Commissioners.

A brief discussion occurred regarding how this matter should be handled, at which time Commr. Swartz stated that he would not be able to support the motion, because he felt the Board would be removing two people who have been appointed to serve for a particular term.  He stated that he felt the best thing to do would be to let them complete their terms and, at the time that their terms expire, appoint new members.

Commr. Hanson stated that she feels the Board should look at cleaning up the language in the Ordinance, with regard to this matter, because she feels the appointments should represent the district Commissioners and their views.

Commr. Cadwell stated that he would rather handle this matter another way, however, did not know another way to do it, therefore, would support Commr. Pool’s motion.

The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.

Commrs. Swartz and Gerber voted “No.”

Commr. Hanson stated that this was the first time, since she has been on the Board, that commissioners have gone against a district commissioner’s recommendation.

Commr. Swartz stated that he would have voted for Commr. Pool’s appointments, had the motion been to approve the appointments; however, what he voted against was the removal of two people who have not done anything but serve as citizens on a panel to which they were appointed.

Commr. Gerber stated that, when she came on board, she was told that it just was not done, therefore, she did not do it.

Mr. Minkoff, County Attorney, questioned whether the Board wanted his office to prepare an Ordinance, to rectify the situation.

It was the consensus of the Board that his office do so.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

It was the consensus of the Board to withdraw a request for the appointment of individuals to vacant positions on the Comprehensive Health Care Committee and the Board of Building Examiners, until a later date.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that the firm in question is the firm that has been handling the claims for the County’s self-insurance program.  He stated that the County is spreading its work among two different firms, so there will now be two firms representing the County, at all times.  He stated that the rate increase being requested is reasonable, therefore, would recommend approval.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a rate increase for outside counsel, with the firm of Muller, Meier, Lengauer, Bonner, Muszynski and Doyle, P.A., from $90.00 per hour to $100.00 per hour, effective March 1, 1999.

REPORTS

COUNTY ATTORNEY

BONDS/RESOLUTION

Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that, for years, the County has had an ongoing agreement with the Orange County Housing Finance Authority, with regard to Single Family Mortgage Revenue Bonds.  He stated that the Resolution in question will allow them to sell up to $150,000.00 in bonds that are used to provide low and moderate income mortgages to residents of Lake and Orange counties.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of Resolution No. 1999-31, ratifying issuance by the Orange County Housing Finance Authority of Single Family Mortgage Revenue Bonds for Lake County.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/PUBLIC DEFENDER

Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that the County entered into an agreement for the main bulk of indigent criminal cases, where the Public Defender had a conflict.  He stated that, on occasion, the County gets cases where there are more than one defendant and the County has a second conflict that arises, so this agreement would handle those cases.  He noted that 17 times last year the County had to appoint more than one attorney outside the Public Defender’s Office.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an agreement among Lake County, R. Thomas Carle, and Howard H. Babb, Jr., Public Defender, for legal representation of indigent criminal defendants.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MEETINGS/MUNICIPALITIES

Commr. Pool informed the Board that he had attended a meeting at Shockley Heights, to discuss what is going on in the County, and was informed that each of the Commissioners will be invited to Shockley Heights, as well, to participate in a Question and Answer Session.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MEETINGS

Commr. Pool informed the Board that he had attended a meeting at the Four Corners (Lake, Orange, Osceola, and Polk Counties), which he noted is trying to become a city, at which approximately 150 people attended.  He stated that they need services and think they are on the fringe of services in all the counties and believe that incorporation may benefit them.

REPORTS

COMMISSIONER POOL - DISTRICT 2

FIRE AND EMERGENCY SERVICES

Commr. Pool brought the Board up-to-date regarding the issue of the Bay Lake Fire Station, noting that the Kuharskes have donated land to the County for a fire station.  He stated that they are concerned about the fact that some promises were made and are not being kept; therefore, feel that the best thing they can do is withdraw their offer of property, in the event that they cannot get something going in the Bay Lake area.

Commr. Hanson asked that a report be given to the Board, regarding said issue, for their perusal.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Ms. Peggy O’Neil to the vacant District 4 position on the Parks and Recreation Advisory Board, to complete a term ending May 20, 1999, replacing Ms. Barbara Wilson Smith, who resigned and has been appointed to the Childrens’ Commission for Children.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

COMMITTEES/MUNICIPALITIES

Commr. Hanson informed the Board that the Parks and Recreation Board rejected the Pine Lakes application for a grant this year, because it was not submitted on a timely basis, due to the fact that Ms. Peggy O’Neil, who was in charge of submitting the grant application, was faced with circumstances beyond her control.  It has been requested that a letter be drawn up, requesting extra consideration in this case, because the residents of the Pine Lakes area are excited about a park and she feels it is important to keep that momentum going.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

MISCELLANEOUS

Commr. Cadwell informed the Board that the Commissioners have been requested by the St. Johns River Water Management District to get together for a one day fly over of Lake Apopka and a tour of Conserve II.

Commr. Swartz stated that he would be glad to have them give a presentation to the Board, rather than do a fly over, noting that he was not sure flying over Lake Apopka would help the Board understand why the birds are dying.

Commr. Cadwell noted that he would communicate with Mr. Alan Hewitt, with the County’s Water Resource Management Department, and get back to the Board with additional information at a later date.

REPORTS

COMMISSIONER POOL - DISTRICT 2 (CONT’D.)

BICYCLE/PEDESTRIAN SAFETY PROGRAM/RAILS-TO-TRAILS

PUBLIC WORKS

Commr. Pool informed the Board that he feels Lake County needs to take a good look at how it can ensure a good Bicycle/Pedestrian Safety Program, such as adding shoulders to the road in strategic areas, to try to make Lake County a cycle friendly county.  He stated that he wanted to ensure the importance of the Rails to Trails Program and, specifically, to encourage the continuation and completion of the Clermont/Minneola Trail to Orange County, so that the County can broaden its trail base and make it much better.  He stated that he would like to see the Board work on that and push for it, as best they can.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:40 p.m.

 

 

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WELTON G. CADWELL, CHAIRMAN

 

 

ATTEST:

 

 

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JAMES C. WATKINS, CLERK