The Lake County Board of County Commissioners met in regular session on Tuesday, January 8, 1991, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; Catherine Hanson; C. W. "Chick" Gregg; Richard Swartz; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

Commr. Gregg and Commr. Hanson presented corrections made to the spelling of names of individuals who appeared before the Board.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of November 27, 1990, as corrected.

Commr. Gregg presented the following changes to the Minutes of December 11, 1990:

Page 14, Lines 15 and 18: Adding "...purchase of the plant and the property,...".

Page 23, Line 1: Adding "It was the consensus of the Board to include Hawthorne...., and deleting "...address the issue of Hawthorne...".

Commr. Swartz presented corrections made to the spelling of names of individuals who appeared before the Board.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of December 11, 1990, as amended.

The Board postponed the Minutes of December 13, 1990.

COUNTY MANAGER

Mr. Peter Pendergast, Lake County Association of Realtors, Inc., appeared before the Board and presented Mr. Al Thelen, County

Manager, with a certificate in appreciation for his cooperation with the election night gathering, in allowing Lake County citizens to come and observe the returns.

COUNTY EMPLOYEES

At this time, Commr. Bailey presented the following employees with plaques for their years of service:

Five Years of Service

Terri Corbett - Information Clerk - BCC Administrative Support

Terrance Connelly - Custodial Worker - Public Works

Ten Years of Service

Darla D. Farley - Financial Assistant - PIC

Presentation of Plaque and Savings Bond to Employee of the Month for the Month of December 1990

Bonnie K. Lynch - Secretary I - Public Works Department

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:

Accounts Allowed

Request for payment of County bills, Warrant #129550 through Warrant #130212, for the following accounts:

Section 8 County Transportation Trust

Mosquito Control Bassville Fire District

Landfills Mt. Plymouth Fire District

Countywide Fire District General Revenue

Aquatic Weed Northwest Fire District

Law Library South Lake Fire District

Capital Outlay Private Industry Council

Paisley Fire District Builders Escrow

Countywide Library Animal Shelter Trust Fund

Revenue Sharing Commissary Trust Fund

Pasco Fire District Emergency 911 Fund

Northeast Hospital Resort & Development Fund Tax

Northeast Ambulance Northwest Ambulance

Criminal Justice Trust Fund Thomas Subdivision

Bonds - Contractor

New

4168-91 Michael G. Gillespie (Building)

4831-91 Southern Plumbing of Ocala, Inc.

4850-91 Robert M. Weeks (Electrical)

Cancellations

1818-90 James Dorris d/b/a Allied Heating & Cooling

Service, Inc.

Accounts Allowed/Courts-Judges

Request from the Finance Department for payment of October and November billings of Clerk's fees for Criminal Court Billings, Uniform Support Billings, and Juvenile Division Billings, budgeted 1990-91 fiscal year, in the amount of $44,392.00.

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case No. 88-923CFA, Gregory Alan McLean, in the amount of $250.00.

Accounts Allowed/Assessments/Subdivisions

Buttercup Lane:

Fred Thompson and Donna Thompson $1,691.15

Utilities

Acknowledged receipt of the Notice from Lake Utility Services, Inc. regarding a Notice of Application for an Extension of Service Area, to amend its Certificate No. 496-W, for water service, to add Lake Crescent Hills Subdivision to its territory in Lake County.

State Agencies/Utilities

Acknowledged receipt of the Notice from the Florida Public Service Commission regarding an application of Lake Utility Services, Inc., for amendment of Certificate No. 496-W, for the Harbour Oakes and The Four Lakes Subdivision, in Lake County.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 2 and Tab 4 be pulled from the consent agenda for discussion.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the following requests, Tabs 1-21, with the exception of Tab 2 and Tab 4:

ADMINISTRATIVE SERVICES-BUDGET

County Employees/Personnel

Request for signatures on the Certificates to employees for one and three years of service.

COUNTY MANAGER

Accounts Allowed/Sheriff's Department

Request to acknowledge receipt of $310.00 from Concealed Weapons Applications which will be used in the Sheriff's Law Enforcement Operating Budget.

Contracts, Leases & Agreements/Communications

Request to acknowledge receipt of the new pricing structure for CableVision of Central Florida, to be effective February 1, 1991.

ENVIRONMENTAL SERVICES

Accounts Allowed/Landfills

Request for authorization to pay an invoice, in the amount of $7,928.50 to Professional Services Industries, Inc. for quarterly groundwater analysis (September through December 1990), at the County's landfill and leachate testing at the Astatula Monofill.

HEALTH & GENERAL SERVICES

Health Department/Reports

Request for acknowledgment of the Lake County Public Health Unit - Activities and Expenditures Report for the period ending September 30, 1990.

Public Health

Request for the Board of County Commissioners and other Lake County Agencies to participate in the Showcase of Senior Services, March 6, 1991, at no cost.

Accounts Allowed/Public Health

Request for authorization of payment for the monthly Medicaid Nursing Home bills, in the amount of $34,523.47 and $32,355.86, and the Medicaid Hospital bills, in the amount of $59,563.92 and $21,765.35. Medicaid bills are for the months of October and November, respectively.

PLANNING & DEVELOPMENT

Accounts Allowed/Contracts, Leases & Agreements/Subdivisions

Roads-County & State/Resolutions

Request to release a Standby Irrevocable Letter of Credit in the amount of $56,486.00 for performance of Stratford Subdivision; and accept and execute an Escrow Agreement for maintenance in the amount of $5,135.10; and accept the following road into the County maintenance system: Stratford Court (5-6347D). (20 lots, District 5)

Accounts Allowed/Bonds/Roads-County & State/Resolutions

Request for final plat approval of Cherith Hill; accept a maintenance bond in the amount of $8,000.00; and accept the following roads into the County maintenance system: Cherith Lane (3-0836) and Jacaranda Avenue (3-0836A). (18 lots, District 3)

PUBLIC WORKS

Roads-County & State/Signs/Resolutions

Request to post 25 mph signs on #4-6172 Clear Lake Drive.

Roads-County & State/Signs/Municipalities/Resolutions

Request to post two "No Parking" signs on Old 441 across from Lucerne Drive in Mount Dora.

Roads-County & State/Signs/Resolutions

Request to post 40 mph signs on #4-5876 Estes Road.

Roads-County & State/Public Works

Request to cease maintenance on a portion of Ethel Drive #4-4397.

Deeds/Right-of-Ways, Roads & Easements

Request to accept the following right-of-way deeds:

For Site Plan:

Baird Mobile Homes of Leesburg, Inc. - C-466B (Lake Unit Road)

For Road Project:

Frank M. Pemble, Jr. and Ann C. Pemble - #2-2923 (Punkin Center Road)

For Lot Approval:

Wayne P. Reece - Empire Church #2-1213

Diane A. Reece - Empire Church #2-1213

J. Fenimore Cooper, Jr. - Empire Church #2-1213

Linda Keane - (Individually & as Trustee) - Empire Church

#2-1213

Right-of-Ways, Roads & Easements

Request to accept the following Drainage Easement:

For Road Project:

Frank Pemble, Jr. and Ann C. Pemble - Punkin Center Road #2-2923

Right-of-Ways, Roads & Easements

Request to accept the following Non-Exclusive Easement:

Subdivision Requirement - Herbert C. Stenger

Roads-County & State

Request to accept the following Dedication to the Public (a portion of Sawgrass Fill Road, a non-maintained road which connects Maggie Jones Road #4-8190 to Royal Trails Road):

O. H. Roberts, et ux Harold V. Coffman, et ux

Roads-County & State/Municipalities/Resolutions

Request to accept a portion of #5-9689B 1st Street in Astor into the road maintenance system.

Accounts Allowed/Roads-County & State

Request to release the $1,200.00 cash escrow from Irving John Ladd, Inc. for the maintenance of Sunset Avenue Extension #3-1246.

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS/BIDS

Commr. Swartz discussed the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, and referred to Tab 2. He questioned the Environmental Service

Recycling Program for a one year press clipping service with the Clipping Bureau of Florida, in the amount of $637.20.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and explained the clipping service, which will be paid out of the recycling program.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following, with the exception of the clipping service, in the amount of $637.20:

The Requisitions for the Corrections Division have been processed in the same manner as they were done prior to Lake County Board of County Commissioners assuming responsibility. At present, the Jail Administrator is in the process of bringing these procedures in compliance with County purchasing policy and procedures. Request permission to waive the bid and quote process at this time.

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

Commr. Swartz discussed Tab 4, the request to acknowledge receipt of the new pricing structure for Lake County Cablevision to be effective February 1991. He suggested that the Chairman be directed to send a letter to Lake County Cablevision indicating concern for the increase in rates, but recognizing that there may be legitimate reasons for those increases, but that the Board would request that they hold off the increase of rates, until they can institute the reduced fee lifeline service.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board authorized the Chairman to send a letter to Lake County Cablevision addressing the Board's concerns relative to their increase, prior to the institution of lifeline reduced rate charges, and requesting them to reconsider their rate increase, as their competitor, until the lifeline service can be provided.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES-BUDGET

ACCOUNTS ALLOWED/BUDGET TRANSFERS/PUBLIC WORKS

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for budget transfers, as follows:

1. General Fund, Public Works Department, from Operating

Expenses in the amount of $260,000.00 to Operating

Expenses in the amount of $40,000.00, and to Capital

in the amount of $220,000.00.

2. Transportation Trust, Public Works Department from

Capital to Capital in the amount of $115,000.00.

ENVIRONMENTAL SERVICES

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to accept the proposal from Cornerstone Building Systems, Inc. (low quote) to construct containment and foundation for hazardous materials storage building, in the amount of $2,749.00, and to encumber and expend funds.

ACCOUNTS ALLOWED/BIDS/ENVIRONMENTAL SERVICES

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to purchase a mobile office, lab storage trailer from Spacemasters Building, at a price of $15,484.00, and to encumber and expend funds (second low bid).

ACCOUNTS ALLOWED/MUNICIPALITIES/ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for authorization to begin County curbside recycling collection in additional unincorporated areas surrounding Tavares, Mount Dora, Leesburg and Eustis, totalling approximately 2,500 more homes, and to provide pilot drop-off collection service in the Astor area. (Approximate cost $60,300.00. Approximate anticipated revenues $7,000.00.)

Discussion occurred regarding the possibility of additional recycling with the different haulers, with Mr. Findell stating that

an agreement would have to be made between the individual hauler and the resident. Mr. Findell stated that alternatives will be brought back to the Board along with the franchise agreement for consideration, which will include recycling collection associated with once a week pickup and twice a week pickup, as suggested by Commr. Swartz.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to begin County curbside recycling collection, as stated above.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COMMITTEES/LANDFILLS

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the procedures used by the Site K Landfill Survey Services Selection Committee in ranking the firm to be used to perform the required wetlands and boundary surveys for Site K, and the reasons for selecting Post, Buckley, Shuh & Jernigan.

Commr. Gregg discussed the need for the County to make an effort to work with the local firms, in order to keep the monies being spent in Lake County, and urged local participation.

Mr. Findell stated that he would have preferred to bid this project in this particular instance, but this option was not made available to him. He stated that surveying, architecture, landscaping and engineering services have to proceed through a specific type of process with the consultants.

Mr. Al Thelen, County Manager, stated that 15 firms applied to perform the required wetlands and boundary surveys.

Discussion occurred regarding the RFP requirements and the type of advertising used, and ways to inform the local residents of the work needed by the County, and the time limit on this particular job.

Commr. Bakich made a motion, which was seconded by Commr. Swartz, to approve the request for authorization to negotiate a contract with Post, Buckley, Shuh & Jernigan to perform required

wetlands and boundary surveys for Site K, at an estimated amount of $20,000.00.

Commr. Gregg stated for the record that this makes approximately the eight or ninth time that he can recall that the County has gotten itself into a time limit, and that the next time this happens, no matter what the circumstances, or the time limit, he will vote against the request, with this being the consensus of the Board.

The Chairman called for a vote, with the motion being carried unanimously.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for signatures on the License Agreement with Charles Bradshaw for conducting tests and analyses required for permitting Bradshaw owned portion of proposed Site K Landfill ($10,000.00).

ACCOUNTS ALLOWED/CONTRACT, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization to execute an Amendment to the American Drilling, Inc. contract to extend the contract completion date and provide for replacement of one monitoring well and abandoning of three monitoring wells at the Lady Lake Landfill, and to encumber and expend funds for an approximate cost of $2,903.00.

COUNTY EMPLOYEES

Mr. Don Findell, Director of Environmental Services, formally introduced to the Board Mr. Bill Cummins, the newly employed Solid and Hazardous Waste Divisions Director.

PLANNING & DEVELOPMENT

SUBDIVISIONS

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to initiate vacation of the Emerald Greens, Phase II Plat. (56 lots, District 1).

COMMITTEES/ZONING/SUBDIVISIONS

Mr. Gregg Stubbs, Director of Current Planning, appeared before the Board and presented an explanation of the request by the applicant to overturn the Planning and Zoning Commission's 4-4 vote for denial of the preliminary plat approval for Shangri La Estates. (8 lots in District 5).

The project was presented to the Planning and Zoning Commission on December 19, 1990, for preliminary plat approval. Because there is no more capacity in the central sewer system for Shangri La By The Lake, the project is unable to connect into it. They will, however, connect into the system at the time there is additional capacity. Due to the proposed development utilizing individual septic tanks near the lake, the Commission denied it with a 4-4 vote.

Mr. Dave Clapsaddle, Springstead Engineering, appeared before the Board to discuss the procedures followed by the applicant. He stated that the plat meets every requirement in the Code, and every requirement in the Code for central water and septic tank. He further stated that, when the sewage plant is available, the applicant will connect to the plant. Mr. Clapsaddle stated that the concerns regarding the high water table have been addressed and the requirements have been met.

Mr. Bruce Phillips, Springstead Engineering, appeared before the Board and discussed the request.

Mr. Sam Sebaali, Environmental Services, appeared before the Board to discuss the concerns with the lots being located close to the canal and to the water retention area, and felt uncomfortable with allowing septic tanks with this close proximity to the water.

Commr. Swartz suggested that the Board approve the request contingent upon the available sewer capacity.

Commr. Bakich made a motion, which was seconded by Commr. Hanson, to approve for the applicant to have temporary septic tanks, for a 14 month time frame, after which they will hook up to a central sewer system.

It was noted that the developer has no problems with these terms.

Under discussion, Commr. Gregg stated that there are regulations in effect, and as long as the Health Department has the jurisdiction to issue a septic tank permit, the Board is not in the position to deny the request, when the applicant is meeting all of the necessary requirements.

The Chairman called for a vote on the motion, with the motion being carried unanimously.

ACCOUNTS ALLOWED/PROPERTY APPRAISER

Mr. Ed Havill, Property Appraiser, appeared before the Board to discuss his request to approve an additional expenditure of up to $5,000.00 to take the Public Housing Assistance, Inc. (PHAI) case to the Florida Supreme Court. The Property Appraiser had denied PHAI's tax exemption in 1986, which was upheld by the Property Appraisal Adjustment Board, and by Judge Aulls in a suit filed in the Lake County Circuit Court. PHAI's appeal to the 5th District Court of Appeals (DCA) resulted in a reversal of Judge Aulls' ruling.

Mr. Havill informed the Board that there is now a conflict between the 5th DCA ruling and an identical case in which the Polk County Property Appraiser was successful in his denial of total exemption, which was upheld in Polk County Circuit Court and affirmed by the 3rd DCA.

Mr. Havill stated that three lawsuits have been filed, as follows, and at this time, he presented information regarding each, and an approximate cost to defend: (1) Schipps-Howard Cable Company, $12,500.00; (2) B. G. Anderson, $5,700.00; and

(3) Mt. Dora Golf Course, $3,700.00. He further stated that there would be an additional cost of approximately $2,000.00 for travel time for his attorney. Mr. Havill stated that the total would be $28,900.00, but he is only budgeted $4,000.00 for legal expenses. Mr. Havill further stated that he could get a budget amendment from

the Department of Revenue, with the County eventually paying for these costs.

Ms. Annette Star Lustgarten, County Attorney, discussed the appellate case, and stated that the County has spent approximately $2,200.00 defending the PHAI case. Ms. Lustgarten stated that it would be her inclination not to have the County involved in the appellate process to the Supreme Court, and anticipated minimal costs. She stated that she is not familiar with the other three cases, but if the Property Appraisal Adjustment Board (PAAB) is named as a party, she would have to defend the case on behalf of the PAAB.

Commr. Swartz suggested continued communication between the Property Appraiser and the Lake County School Board, and also the Florida Association of Counties regarding assistance on this issue, and requested that Ms. Lustgarten make recommendations regarding the other cases, as to whether or not the County is a party to the lawsuits. Commr. Swartz further suggested that Commr. Bakich, liaison Commissioner, follow up on the necessary communication.

Commr. Swartz made a motion, which was seconded by Commr. Bakich, to tentatively approve a cost not to exceed $28,900.00, subject to the County Attorney's review of the three other cases, and her making recommendations whether or not she will need to proceed with them as legal counsel. Included in the motion was authorization for Commr. Bakich to communicate with the Florida Association of Counties for a joint effort in the Public Housing suit, and that the Chairman communicate with the Lake County School Board for their assistance.

Commr. Bakich discussed the possibility of an interlocal agreement with the School Board.

Mr. Al Thelen, County Manager, stated that the monies would be from the General Fund Contingency.

The Chairman called for a vote on the motion, which was carried unanimously.

CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S DEPARTMENT

Sheriff George E. Knupp, Jr. appeared before the Board to discuss a lease for the property at 101 East Maud Street, Tavares.

Mr. Al Thelen, County Manager, stated that all parties have agreed to the standard language relating to the termination of the lease upon sixty days written notice prior to the end of a fiscal year. Mr. Thelen stated that the Sheriff has agreed to pay for the increase from his budget for the current year, with lease adjustments being made in the second and third years.

Discussion occurred regarding whether or not the Sheriff would be opposed to moving to another building, should space become available within the three year period, with the Sheriff responding that he was in opposition to this, due to the costs involved, and stated that he would prefer to stay in this location until the new facility is completed for the Sheriff's Department.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the lease for additional space for the Sheriff's Department, at 101 East Maud Street, upon the approval of the contract by the County Attorney.

PLANNING & DEVELOPMENT (CONTINUED)

APPOINTMENTS-RESIGNATIONS/PUBLIC HEALTH

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to rescind the appointment of Ms. Sarah Meritt to the Lake County Transportation Disadvantaged Coordinating Board (LCTDCB); appoint Ms. Catherine Johnson to the LCTDCB as a user of the system (term will expire on August 14, 1993); and appoint Ms. Robbie Baird to the LCTDCB as a citizen advocate (term will expire on August 14, 1992).

ROADS - COUNTY & STATE

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to change Arick Lane, an unmaintained road, to Courtney Lane.

PUBLIC WORKS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for approval to purchase one 70 HP Diesel Crawler Tractor with low ground pressure tracks from Neff Machinery (John Deere 450G), in the amount of $43,888.00 (low bid), and encumber and expend funds. (Budgeted amount - $50,000.00). Includes Maintenance Agreement for 60 months, at a cost of $1,525.00.

COMMISSIONERS

At 10:43 a.m., the Chairman, Commr. Bailey, turned the chairmanship over to Commr. Swartz.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

(CONTINUED)

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved the above request, as presented by Mr. Stivender.

Commr. Bailey was not present for the vote.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to readvertise for bids for the Countywide Guardrail Program, Project #13-91, at an estimated cost of $122,625.00, and approval of the specifications.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the above request, as presented by Mr. Stivender.

Commr. Bailey was not present for the vote.

COMMISSIONERS

At 10:45 a.m., Commr. Swartz turned the chairmanship back over to Commr. Bailey.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved the request to advertise for bids for

Project #12-91, C-474 Resurfacing, at an estimated cost of $395,000.00, and approval of the specifications.

Commr. Bakich was not present for the vote.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for Project #11-91, C-452 Resurfacing, at an estimated cost of $303,000.00, and approval of the specifications.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request to authorize and award the Traffic Count Program to Control Specialists and to encumber funds, in the amount of $8,400.00 (best bid).

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to award and authorize Project No. 4-91, #3-2035 Apshawa Road to Paquette Paving, and to encumber funds, in the amount of $129,898.50.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to award and authorize Project No. 7-91, Griffin Avenue widening and resurfacing, to Trac Roadbuilders, Inc., and to encumber funds, in the amount of $195,934.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to award and authorize Project No. F-1 Astatula Fuel Facility to Pieco, Inc., and to encumber funds, in the amount of $194,619.25 plus alternates 7, 8, and 9 from Exhibit "A" ($210,000.00 estimated maximum total).

COUNTY ATTORNEY'S MATTERS

COUNTY ATTORNEY/STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, informed the Board of the Administrative Hearing on the Correctional Employees

teamster bargaining unit, which was held last month, has been narrowed to whether the County is, in fact, a new employer, or whether the petition can be amended to substitute the County for the Sheriff as the prior employer. She stated that she is currently waiting for an Order from the Administrative Officer in February, with the Order going to the Public Employees Relations Commission (PERC), who, in turn, will act on the Order of the hearing officer.

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a personal injury suit was filed against the County last week, for an accident on CR 5-8161. She stated that the lawsuit is being reviewed, and that she will be bringing back recommendations to the Board.

Ms. Lustgarten stated that she will be bringing to the Board proposals for personal injury firms, and will be seeking proposals from Lake County firms, along with proposals from firms which Gallagher-Bassett, the County's insurance processor, have had dealings with on a regular basis.

PROPERTY APPRAISER

Ms. Annette Star Lustgarten, County Attorney, stated that a request has been made by Mr. Lloyd Atkins for a rehearing on his case, which was heard before the Property Appraisal Adjustment Board. Mr. Atkins had made a request for his assessment to be lowered, with the PAAB Board upholding the recommendation of the Property Appraiser and denying the request. Ms. Lustgarten stated that Mr. Adkins has been advised that he has the option to file an appeal in the Circuit Court. She stated that Mr. Adkins is requesting that the PAAB reconvene and consider rehearing this particular item.

Ms. Lustgarten advised the Board that the Florida Statutes does not provide for a reconvening of the PAAB, once it has effectively finished its business for the year, which has been done. She further stated that the Florida Administrative Code,

which also provides rules for the PAAB has no provision for reconvening and rehearing. She stated that she also spoke to the attorney for the Department of Revenue, who is not aware of this being common practice throughout the State. Therefore, Ms. Lustgarten stated that this was only to inform the Board of the request.

Discussion occurred regarding what the desire of the Board would be, with the Board being of the understanding that there has been no additional information received regarding this issue.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board denied the request made by Mr. Lloyd Atkins for a rehearing on his assessment, and directed the County Attorney to forward a letter to Mr. Atkins indicating the outcome of this vote.

COMMISSIONERS BUSINESS

COMMISSIONERS/COMMUNICATIONS

Commr. Bailey informed the Board of a letter he received from Mr. Harley Herman, Attorney, regarding events for the Martin Luther King holiday. Commr. Bailey requested that a resolution be prepared for the event to be held on January 19, 1991, with this item to be placed on the agenda for next week.

ACCOUNTS ALLOWED

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.

BUDGETS

Commr. Gregg discussed the possibility of limiting the budget due to the recession. He suggested a hiring freeze on any positions not filled up to this point in time, with the exception of those that have been advertised and are on the verge of filling. Commr. Gregg further suggested a freeze on any major expenditures in capital that can be postponed until next year, and delaying the merit increases established for the month of April.

Commr. Swartz suggested that Mr. Al Thelen, County Manager, bring to the Board a listing of the positions that are unfilled, for the Board to take action. He stated that the capital purchases have been stopped by fifty percent (50%) until April 1, 1991, with Commr. Bailey suggesting the inclusion of expenditures anticipated for consultant packages.

Mr. Thelen stated that a projection can now be made, along with suggestions, due to the year end statements that are now available.

Commr. Swartz discussed the issue of merit increases, and suggested that the Chairman discuss this issue with the other constitutional officers, in order not to single out any particular governmental entity, with Mr. Thelen stating that he will provide the Board with a summary as to the distribution of merit increases made by the different governmental entities in October.

Mr. Jim Stivender, Director of Public Works, informed the Board of active developments in the County, as of this time, and stated that he has already taken into consideration the idea of not filling existing positions, and eliminating any requests for new vehicles.

Mr. Thelen stated that he will be able to provide the Board with the requested information the first week of February, with Commr. Bailey stating that he would like a budget workshop scheduled sometime after the completion of the Comprehensive Plan.

RECESS & REASSEMBLY

At 11:15 a.m., the Chairman announced that the meeting would adjourn, with a public hearing scheduled for 6:00 p.m. on the Future Land Use Plan.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/Boardmin/1-8-91/2-6-91