Mr. Sandy Minkoff

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  www.lakecountyclerk.com/boardmin/2008/08/2008-08-05_Reg - [Cached Version]
  Published on: 8/5/2008    Last Visited: 10/23/2008  

  Others present were: Sanford A. "Sandy" Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; Neil Kelly, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
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  Mr. Sandy Minkoff, County Attorney, stated that he had three items to add to the Agenda, the first being a discussion involving the Appeal to the St. Johns River Water Management District that was discussed at the Budget Meeting held on July 29th; the second involving an agreement with SECO, regarding a leased space for the Public Safety Department; and the third being a request that one or two Closed Sessions be held, to discuss pending litigation.
  
  On a motion by Commr.
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  Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final hearing, by title only, as follows:

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  www.lakecountyclerk.com/boardmin/2007/08/2007-08-14_Reg - [Cached Version]
  Published on: 8/14/2007    Last Visited: 10/30/2007  

  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
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  Mr. Sandy Minkoff, County Attorney, stated that staff would be attending the City of Tavares's Council Meeting on Wednesday, August 15, 2007, for the second reading on the downtown rezonings.He stated that the City has made some requests of the County, contained in an amended agreement that he distributed to the Board, for their perusal.He stated that the first request pertains to Sinclair Avenue, noting that there is a portion of said road, by the lake, that originally housed the County's package plant, which the City has requested that the County deed to them, to be utilized for the Tav-Lee Trail, and staff does not see any issues regarding that request.He stated that the second request is for the County to process its own building permits and inspections for all county owned properties within the City, which would apply not just to the downtown projects, but any other properties that the County owns, but still retain for the City the zoning approvals and site plan approvals.He stated that the third request, which pertains to the Parking Garage, is a little more substantial, which is to allow the City to use the Parking Garage when the County is not utilizing it, being nights, weekends, holidays, etc.He stated that the County will be agreeing to let the City have exclusive use of the garage, even to moving county vehicles there, if necessary, when the City has a very large event.He stated that the Agreement requires the City to give the County 30 days notice to use the garage, however, pointed out the fact that the County is reserving the right, should they choose to do so, as part of their program, to charge fees for the public to park there, but they would be responsible for charging and collecting the fees.He stated that it also provides that when the City has exclusive use of the garage, they will leave it the way they found it.He stated that the City's interest in this matter is to not have the County erect a sign stating that the parking garage is only for employees of the County, noting that they want the customers of merchants in the downtown area to be able to park in the garage during the day.He stated that the City wanted the County to propose to leave the garage open all the time, which was of concern to the County, so the County inserted wording stating that, upon the written request of the City, the County shall adjust the operating hours of the parking garage to make it available for use by the public during those times that the City may need it.He stated that the City is planning a vibrant entertainment type district downtown and they feel, if that occurs, the parking garage may be needed for those nighttime and weekend events, for security purposes.He stated that the County is not proposing to close the parking garage at this time, but wanted to reserve the right to do so.He stated that the agreement is a 20 year agreement and it does not have a termination clause, which he noted he is always hesitant about, because sometimes the County changes its mind.
  
  On a motion by Commr.
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  Mr. Minkoff stated that another item that came up, with respect to the Parking Garage, was the fact that the County has a fast track system involving its permitting, where projects that are placed in it receive priority attention, permitting-wise, and, in discussing the Judicial Center and downtown projects, the Building Department questioned whether the Board would like to have those projects placed into that fast track system.

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  www.lakecountyclerk.com/boardmin/2007/07/2007-07-24_Reg - [Cached Version]
  Published on: 7/24/2007    Last Visited: 10/30/2007  

  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
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  Mr. Sandy Minkoff, County Attorney, stated that this was a public hearing for approval of a settlement agreement of a case involving Center Lake Properties, regarding the Black East project.He mentioned that Black West was on the other side of the turnpike, which was now within the city limits of Clermont.He explained that this case arose out of a Comprehensive Plan Amendment that the Board did, changing this property from suburban to urban expansion, which was objected to by the Department of Community Affairs.He specified that the Settlement Agreement required that they adopt a remedial amendment, which if the Board approved, he would bring forward at a later time.He related that the agreement authorized the urban expansion, but limited the density to approximately one unit per acre; required that the development obtain central water service from the Town of Montverde; required that central sewage be acquired either by the developer through an outside system or by connecting to a regional system; and required the County to work with the Town of Montverde to facilitate updating their capital improvements element to include the water system improvements.He noted that this developer had agreed to make substantial improvements to the town's water system.
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  Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for reading, by title only, as follows:
  
  AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTION 21-158, LAKE COUNTY CODE, ENTITLED ENFORCEMENT CRITERIA FOR POLLUTANT STORAGE TANK REGULATIONS; AMENDING STATUTORY REFERENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
  
  Mr. Minkoff explained that this ordinance was from Environmental Services and updated the references to the State rules.
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  Mr. Sandy Minkoff, County Attorney, stated that was an issue that the LPA was currently looking at in connection with the new plan, because their PUD was actually a zoning district, and to change it again would require a separate rezoning.He commented that the Board had the ability at any time to initiate a rezoning like that, so long as there was not a vested right to continue.He also mentioned that under the Statutes, the County was required to provide certain notices.He also added that if they had started, they could still rezone it, but then they would pay compensation, and that engineering costs would likely be enough to cause them to pay compensation.He opined that it would be easier if those were development orders which could expire.
  
  Commr.
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  Mr. Minkoff responded that his office was exploring with the LPA a way to do that under the new plan and with new LDR's, such as a development order or a zoning overlay.He stated that he did not recommend doing it in this case, because it actually was a rezoning, which they could do at any time.
  
  Commr.
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  Mr. Minkoff responded that the letter mentioned the utility agreement with Plaza Collina, but that he would have to examine the letter to be sure of the details, but believed the letter inferred that there might be some issues between the City and Plaza Collina.
  
  Commr.
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  Mr. Sandy Minkoff, County Attorney, answered that they had been to the Planning and Zoning Board and had a recommendation of approval and were scheduled for the Council meetings on August 1 and August 15.
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  Mr. Minkoff stated that they would tell them that they certainly would take that into consideration and work with them in the future to try to resolve that issue once they got done with construction.
  
  Commr.
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  Mr. Minkoff responded that they were exploring the issue of whether the courthouse expansion was a DRI, and the approvals they had submitted with the City said that if they were, they would comply with it for the courthouse.He noted that the garage, the office building, and the energy plant were not DRI issues, and that only the courthouse was.
  
  Commr.
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  Mr. Minkoff stated that the proposal that they made to them was the exact drawing that the Board approved for the roundabout when they were there that day.
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  Mr. Minkoff noted that he believed that a parent would need to sign for a child aged 15 and under to receive a library card.

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  www.lakecountyclerk.com/boardmin/2007/04/2007-04-24_Reg - [Cached Version]
  Published on: 4/24/2007    Last Visited: 10/30/2007  

  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
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  Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
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  Under discussion, Mr. Sandy Minkoff, County Attorney, stated that the County has an interlocal agreement with the City of Clermont, which provides not only for rental of the office, but also for the County to conduct permitting services for them, so the County does not have the legal ability to just cut out a portion of the agreement.He stated that, if the City would like for the County to continue the permitting service for them, a new interlocal agreement will have to be drawn up and brought back to the Board within a 30 day period, taking the issue of the rent out of it, so that there will not be a hiatus in service.
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  Mr. Sandy Minkoff, County Attorney, informed the Board that this was a request for approval to issue the renewal letter for the current Cooper Memorial Library, in Clermont, which he noted was originally a three year lease with two one year options.He stated that this would exercise the first of those two one year options.He stated that staff has had some discussions with the landlord about extending it further, based upon the construction schedule for the joint library at Lake-Sumter Community College, noting that staff has time to bring it back before the Board, if needed.He stated that the lease is low, but noted that the County spent a lot of money renovating the building, which is why the County has such a low lease rate on it.He stated that it was intended to be recaptured over the five years of the lease.
  
  On a motion by Commr.
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  Mr. Minkoff informed the Board that Mr. Ryan had emailed a letter to them on April 23 regarding the matter.
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  Mr. Minkoff stated that he was somewhat comfortable with the fact that the County can rewrite the contracts in a new form and make them work, but there are some legal issues that have to be looked at, particularly in terms of the design build issue, but, in doing that, the County would dramatically change the way the contracts look and the County would end up with a system that is different than what it started with.He stated that if the Board wants to try to revise the contracts, he feels the prudent thing for the County to do would be to spend the next month or six weeks trying to revise them.He stated that he feels there is going to be a dramatic change in the relationship between the architects, the contractor, and the County when they do that.
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  Mr. Minkoff stated that the County would never have recommended this project under a design/build system.He stated that they chose the construction manager system, because they feel it is the best way to build this project.He stated that a design/build project has some serious negatives that the County would not have wanted to utilize.
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  Mr. Minkoff stated that the issue that is being raised is one that was raised by Mr. Schwartzman during staff's discussions and is one that outside counsel also raised - that what is proposed is significantly different than what was bid and the proposal would be not give other companies an opportunity to bid on this proposal.
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  Mr. Minkoff stated that he has not authorized outside counsel to research the legality of the issues and questioned whether the Board would like for him to do that.
  
  It was the consensus of the Board that he do so.

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  www.lakecountyclerk.com/boardmin/2007/06/2007-06-19_Reg - [Cached Version]
  Published on: 6/19/2007    Last Visited: 10/30/2007  

  Others present were Sanford A. "Sandy" Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
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  Cadwell asked Mr. Sandy Minkoff, County Attorney, what the Board's options were legally regarding this issue.
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  Mr. Minkoff responded that the County Manager and Growth Management Director would be faced with a dilemma, because the Board did not really have any legal authority to withhold approval of the site plan if all the conditions of the Code were met.He added that if, however, they did commit to have the meetings, then he was sure that the County Manager or Growth Management Director could ask them what the status of those meeting were before approving it, but ultimately, the Board did not have the ability to direct them to withhold the site plan.
  
  Commr.
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  Mr. Minkoff commented that he did not believe that the site plan was in the position to be approved yet, so it may very well be that they could follow up and make sure that they had the meetings and that it would not be an issue to do that.
  
  Commr.
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  Mr. Sandy Minkoff, County Attorney, explained that this was a request from Ms. Emogene Stegall, Supervisor of Elections, because the Paper Ballot Act mandated that they get rid of their voting machines and get new ones.
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  Mr. Minkoff explained that the Bill stated that if the revenues from the sale exceeded the cost of the new machines, they would give the County those monies back, but that there was not a great possibility of that.He also pointed out that the County was required either way, whether they let the State do it for them or did it themselves, to buy the new machines, and that it was prudent to let the State pay for it.
  
  On a motion by Commr.
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  Mr. Sandy Minkoff, County Attorney, stated that the way you would address hours of operation would be to amend the LDR's to authorize imposition of hours of operation on certain types of uses.He explained that when the County created an LDR that set a standard of performance that someone had to meet in order to get a permit, they were not authorized to put additional requirements that were not in that code.He noted that currently in the County's Code, there was nothing that would authorize the staff to do that.He also pointed out that there was not anything that the Board could do in this case, because the approval of the site plan was a County Manager and Growth Management function.
  
  Commr.
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  Mr. Minkoff stated that they had the ability to change their rules at any time, but the consequence was that if someone had a vested right, the County would pay compensation.He also commented that if they took Ms. Campione's argument, they would not be allowed to have any type of industrial development anywhere in the unincorporated County that did not have water and sewer, and that other provisions of the Comp Plan allowed industrial development in rural areas, but at the same time prohibited central water and sewer in the rural areas.He commented that it was hard to pick one sentence from the Comp Plan and to assign a meaning to it, but that he did not think he could give an opinion about that issue until he had a chance to look at it, and he would be willing to sit down with staff and to look at it before they issued the site plan to make sure they concurred.
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  Mr. Minkoff responded that if it was in the site plan approval, it would be an enforceable condition.He added that in order for staff to insist on that being in the site plan approval, there had to be support for it in the Code.He stated that he believed staff had put a noise requirement in the site plan.
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  Renick asked Mr. Minkoff if it was impossible for them to have a monitoring plan for a company that they had problems with elsewhere.
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  Mr. Minkoff reiterated that staff could impose conditions in the site plan that were supported by the LDR's.He stated that there was a monitoring plan for the dust, because they were required to submit regular reports to DEP in connection with their air permit.
  
  Commr.
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  Mr. Minkoff commented that if their opinion agreed with Ms. Campione's, then the site plan would require central water and sewer, and if it did not, then they would act accordingly.

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  www.lakecountyclerk.com/boardmin/2008/09/2008-09-23_Reg - [Cached Version]
  Published on: 9/23/2008    Last Visited: 10/23/2008  

  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; and Susan Boyajan, Deputy Clerk.
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  Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
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  Mr. Minkoff stated that there was one item he would like to discuss under the Consent Agenda.
  
  Commr.
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  Mr. Minkoff noted that on Tab 8, which was a purchase of some property from the Ronald C. Merkley Estate, the contract price was shown as $72,000, but there was a contingency in the agreement that required the seller to remove a septic tank and/or a well from the property. He wanted the Minutes to reflect that the actual closing price might be $2,250 less than what was shown, because they were discussing having the County do that removal as opposed to the seller. He stated that if the County had to remove them, they would reduce the price at closing.
  
  On a motion by Commr.
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  Renick stated that they had discussed with Mr. Minkoff at the last meeting about leasing space for towers and getting a consultant or expert to help find out what a good price would be.
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  Mr. Minkoff replied that he did not think there were any legal prohibitions on selling the property acquired with PLAAC monies. He pointed out that the proceeds, of course, would have to go back into PLAAC, and there were some requirements on how they sold property.
  
  Commr.
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  Mr. Minkoff clarified that he did not think CFD properties were required to be publicly owned. He noted that they might want to look at the terms of the ordinance, but the land uses authorized conservation that could be public or private.
  
  On a motion by Commr.

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  www.lakecountyclerk.com/boardmin/2007/06/2007-06-18_Spe - [Cached Version]
  Published on: 6/18/2007    Last Visited: 10/30/2007  

  Others present were Sanford A. "Sandy" Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; and Susan Boyajan, Deputy Clerk.
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  Mr. Sandy Minkoff, County Attorney, stated that if the transportation impact fees were based on traffic generation and if they could demonstrate that the traffic generation was different, then they could adjust the study.He commented that they could not adjust the impact fees in one category to save another, but they would have to make up those revenues using another revenue source.
  
  Commr.

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  www.lakecountyclerk.com/boardmin/2007/05/2007-05-01_Reg - [Cached Version]
  Published on: 5/1/2007    Last Visited: 10/30/2007  

  Also present were Sanford A. Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Connie West, Deputy Clerk.

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  www.lakecountyclerk.com/boardmin/2008/10/2008-10-14_Spe - [Cached Version]
  Published on: 10/14/2008    Last Visited: 10/23/2008  

  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; Neil Kelly, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

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  www.lakecountyclerk.com/boardmin/2008/10/2008-10-07_Reg - [Cached Version]
  Published on: 10/7/2008    Last Visited: 10/23/2008  

  Others present were: Sanford A. ("Sandy") Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager's Office; Neil Kelly, Clerk; Barbara F. Lehman, Chief Deputy Clerk, County Finance, and Ellie McDonald, Deputy Clerk.
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  Under discussion, Mr. Minkoff stated that technically the Board would authorize a Resolution for the placement of the traffic control device.
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  Mr. Sandy Minkoff, County Attorney, informed the Board that Ms. Emogene Stegall, Supervisor of Elections, Commr.
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  Mr. Minkoff reported that the Federal Emergency Management Agency (FEMA) requested the use of the building located at the boat ramp in Astor to assist citizens filing claims. He explained that the building had technically been given to the Sheriff, and that he had given FEMA approval to use the building on a temporary basis similar to the Board's approval of FEMA's use of the Fairgrounds for filing claims.
  
  JOINT SCHOOL BOARD / COUNTY COMMISSION MEETING
  
  Mr. Minkoff announced that there would be a Joint School Board / County Commission Meeting to discuss the East Lake Park Plan and Elementary School J on October 21, 2008, at 3:30 p.m. in the Training Room.
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  Mr. Sandy Minkoff, County Attorney, explained that they only need one Commissioner at the Canvassing Board Meeting so there should not be a problem.

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