The Lake County Board of County Commissioners met in regular session on Tuesday, May 14, 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; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; 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 Sandra Carter, Deputy Clerk.

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

MINUTES

Regarding the Minutes of April 18, 1991 (Special Leesburg Townhall Meeting), the following change was requested to be made:

On Page 2, Line 7, change Leesburg to Lady Lake.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of April 18, 1991, as corrected.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

Commr. Bailey, Chairman, presented a plaque and savings bond to Ms. G. Virginia Lewis, Euthanasia Technician, Health & General Services, as the Employee of the Month award.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 135082 through Warrant No. 135408, for the following accounts:

County Transportation Trust Landfills

General Revenue Resort & Development Fund Tax

Private Industry Council Countywide Fire District

Animal Shelter Trust Fund Mosquito Control

Aquatic Weed Capital Outlay

Pasco Fire District Bassville Fire District

Northwest Fire District Paisley Fire District

South Lake Fire District Mt. Plymouth Fire District

Revenue Sharing Miscellaneous/Gas Fund

Emergency 911 Fund Countywide Library

Commissary Trust Fund Section 8

Road Impact Northeast Hospital

Criminal Justice Trust Fund

Accounts Allowed/Courts-Judges

Request for payment of Satisfaction of Judgment for Stanley Gardell James, in the amount of $250.00 - Case No. 90-836-CF-A-B2; and Satisfaction of Judgment for Michael Lamar Hill, Juvenile, and Benny Hill and Renee Hill, Parents, in the amount of $50.00 - Case No. 88-930-CJ, and authorized proper signatures on same.

Accounts Allowed/County Property

Request for approval of items deleted from Fixed Assets, for the month of May, 1991, in the amount of $24,991.31, as follows:

Prop # Department Item Amount Reason

5276 Leesburg Barn Radio $ 688.00 Junked

6090 Fire Protection 1976 Chevy Truck 3,770.31 Junked

8319 Astatula Fire 1984 Mazda Truck 6,234.00 Junked

8503 Leesburg Barn 10,000 Gal. Tank 2,000.00 Junked

8796 South Lake Fire 1968 Diesel Tractor 8,500.00 Junked

8846 Mt. Plymouth Fire 1970 Chevy Rescue 600.00 Junked

10794 South Lake Fire 1966 Ford Pick-Up 1,000.00 Junked

10848 Surplus 1951 Dodge Pumper 2,000.00 Junked

11185 Dona Vista Fire 1979 Dodge Aspen 199.99 Junked

$24,991.31

Accounts Allowed/County Property

Request for approval of list of County equipment (submitted for Board's perusal) deemed beyond economic repair, to be placed for sale at the Annual Combined County-Cities Auction, to be held on Saturday, June 1, 1991, at the Lake County Fairgrounds, in Eustis.

Utilities

Request to acknowledge receipt of the Notice of Public Hearing from the Florida Public Service Commission to Florida Power Corporation; Florida Power & Light Company; Tampa Electric Company; Gulf Power Corporation; and all other interested persons, regarding planning hearings on load forecasts generation expansion plans, and cogeneration prices for Florida's electric utilities.

Accounts Allowed/Reports

Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending April 30, 1991, in the amount of $144,837.97 (April 1990- $150,767.00).

CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/CLERK/RESOLUTION/BUDGETS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a request from the State

Board of Administration, for a resolution designating a County official (James C. Watkins, Clerk) to receive the gas tax funds.

CLERK/AUDITS

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request to acknowledge receipt of a letter from Mr. James C. Watkins, Clerk, in response to the management letter submitted by Ernst & Young, Auditors, answering each of the criticisms which they made, as part of the Comprehensive Annual Financial Report.

Mr. Watkins, Clerk, noted that said letter was being amended, however, would be filed with the State Auditor General's Office, in compliance with statutory requirements, and that the Board would receive a copy of the amended letter.

Mr. Watkins, Clerk, then introduced Ms. Barbara Lehman, who he stated is in charge of Internal Audits and Computer Security, as well as Ms. Marilyn Alspach and Mr. Kevin McDonald, of the Clerk's Internal Auditing Department. He stated that Ms. Kathy Clements (not present), who is presently doing the Procedures for the Clerk's Office, will soon become a part of the Internal Auditing Department, as well.

ACCOUNTS ALLOWED/FIRE PROTECTION

Commr. Bailey brought to the attention of the Board the fact that at the April 16, 1991, Board Meeting, the Board had approved a request (Item No. 2 under the County Manager's Consent Agenda) to award a bid to a financial institution for financing fire equipment, which had been pulled from the County Manager's Consent Agenda, but not noted, therefore, had been included in the motion. Action should not have been taken on said request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board acknowledged the fact that the request alluded to above should not have been included in the motion, which was a part of the County Manager's Consent Agenda, approved at the April 16, 1991, Board Meeting.

CLERK/COURTHOUSE

Mr. James C. Watkins, Clerk, reminded the Board that a reception for welcoming home the troops who served in Saudi Arabia, during Operation Desert Storm, as well as recognizing peace and service, would be held at 7:00 p.m., on May 17, 1991, on the second floor of the New Courthouse, and requested the Commissioners' participation. He also requested financial help from the Board, in the amount of $500.00, to help with the cost of the reception.

Commr. Swartz suggested bringing any expenses that go beyond what is anticipated to the attention of the Board and the Board could then take action on it.

COUNTY MANAGER'S CONSENT AGENDA

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

Planning & Development/Subdivisions

Request for preliminary approval of Allenwood Subdivision (13 lots in District 2).

Planning & Development/Subdivisions

Request for final approval of Somerset Place Replat, at Country Club Drive and Country Club Road, in Eustis (8 lots in District 4).

Roads-County & State/Subdivisions

Request to release the following Murphy Act State Road Reservation:

Paul Fronek - Lakeview Park Subdivision (Lake Kathryn area) - Reserve 25 feet from the centerline of Veva Avenue.

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS

This request was pulled from the County Manager's Consent Agenda, to be discussed as a separate item, due to some requested changes.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made, and other services that do not require bids or quotes, with changes as requested, as follows:

COUNTY PROPERTY/FIRE PROTECTION

This request was pulled from the County Manager's Consent Agenda, to be discussed as a separate item.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved a request to donate a 1958 GMC draft tanker (Property No. 10281) to the Coleman Volunteer Fire Department.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES-BUDGET/SHERIFF'S DEPARTMENT

Mr. Al Thelen, County Manager, explained this request.

Ms. Eleanor Anderson, Director of Administrative Services-Budget, appeared before the Board stating that said request is required by the Florida Statutes. It was noted that the costs are charged back to the Sheriff's Support Budget.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a group accident policy with Life Insurance Company of North America, effective October 1, 1990, which will insure statutory death benefits for Law Enforcement Officers.

BUDGETS/CLERK/MEETINGS/SHERIFF'S DEPARTMENT

Ms. Eleanor Anderson, Director of Administrative Services-Budget, appeared before the Board stating that she contacted all the constitutional officers and offered each of them an opportunity to come before the Board, to discuss their budgets.

A brief discussion occurred regarding the matter, at which

time it was noted that a Workshop Meeting will be held on June 25,

1991, at 1:30 p.m., to discuss the Clerk's and the Sheriff's Budgets.

FINANCE/FIRE PROTECTION

Mr. Al Thelen, County Manager, explained this request.

A brief discussion occurred regarding this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved to award a bid, for the financing of fire equipment, in response to RFP issued by Public Financial Management, Inc., to Barnett Bank.

Commr. Gregg declared a conflict of interest and abstained from the discussion and vote, due to being a member of the Board of Directors of Barnett Banks of Lake County.

COUNTY MANAGER/MUNICIPALITIES

Mr. Al Thelen, County Manager, explained this request.

A brief discussion occurred regarding this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board denied a request to waive fees associated with a composting site for the City of Umatilla; construction fees for a new Public Works maintenance facility for the City of Clermont; and fees associated with the review of a lift station, to be constructed at Woodlea Road, for the City of Tavares.

Commr. Swartz voted "No".

ACCOUNTS ALLOWED/BUDGETS/PLANNING & DEVELOPMENT/MUNICIPALITIES

Mr. Al Thelen, County Manager, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved a request from the Green Isle Children's Ranch, in Clermont, to pay the impact fees for their new building, in the amount of $1,538.32, to be taken from the County Transportation Trust Fund.

Commr. Swartz was not present for the vote.

ENVIRONMENTAL SERVICES/RESOLUTIONS

Ms. Annette Star Lustgarten, County Attorney, explained this request, due to the fact that Mr. Don Findell, Director of Environmental Services, was not present at the meeting.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved a resolution amending the fee schedule for Lake County Solid Waste Disposal facilities, for construction and demolition debris.

PUBLIC HEARING

ORDINANCES/STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance No. 1991-7, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO HANDICAPPED PARKING; PROVIDING FOR AMENDMENT TO CHAPTER 15, MOTOR VEHICLES AND TRAFFIC, SECTION 15.1, PARKING IN SPACES RESERVED FOR HANDICAPPED PERSONS, TO REQUIRE THE CLERK OF THE COURT TO SUPPLY THE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES WITH A MAGNETICALLY ENCODED COMPUTER TAPE REEL LISTING PERSONS WHO HAVE VIOLATED THE HANDICAPPED PARKING STATUTES OR ORDINANCES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

It was noted that, in the event someone applies for a new license plate and is on the list of individuals who have violated the handicapped parking statutes, said individual will not be given a new license plate until he or she pays any outstanding fines.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COUNTY BUILDINGS & GROUNDS

Mr. Mike Anderson, Director of Capital Improvements, explained this request.

A brief discussion occurred regarding this request, at which time Commr. Gregg suggested a not-to-exceed amount of $8,400.00 for Hellmuth, Obata & Kassabaum, and $16,400.00 for Wrightson, Johnson, Haddon & Williams, Inc. (consultants for the review and design of the Courts Building acoustical, sound and audio-visual systems), due to the fact that he felt the acoustical portion should have been in the architect's contract to start with, and requested Mr.

Anderson, Director of Capital Improvements, to try and negotiate a lesser fee with Hellmuth, Obata & Kassabaum.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Capital Improvements to execute an amendment to the Hellmuth, Obata & Kassabaum contract, to expand the scope of services, and approved authorization to expend a not-to-exceed amount of $24,800.00, from the Criminal Justice Facility's Owners Cost F. F. & E. line item, to be used for the design of the Courts Building acoustical, sound, and audio-visual systems, with direction given to staff to review said scope of services to make sure that the County is not paying for something that it has already partially contracted for.

BIDS/COUNTY BUILDINGS & GROUNDS/CLERK

Mr. Al Thelen, County Manager, explained this request.

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board stating that the design/build package for the Clerk's Record Storage Building is complete, noting that it will comprise approximately 10,000 square feet, and that it will be erected on the Mosquito Control property, on Bloxham Avenue. He requested permission to solicit bids for the package, and also requested the Board to select members for the Selection Committee, as a requirement of the design/build ordinance.

Mr. Thelen, County Manager, informed the Board that the ordinance calls for Mr. Anderson, as Director of Capital Improvements, and the County Engineer to sit on the Selection Committee. He stated the Board also needs to select a Commissioner to sit on the Committee, as a liaison Commissioner, and that his office is to appoint two members (which he felt should come from the Clerk's Office - possibly a person from Operations and one from Management) to sit on the Committee, as well. He noted that Mr. Bob McKee, Chief Deputy Clerk, was to give Mr. Thelen the names of the two individuals.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request to go out for bid

for design/build proposals on the Clerk's Records Storage Building; the creation of a Selection Committee for said facility, with Commr. Gregg as the Liaison Commissioner for the committee; and authorization for the County Manager to appoint two individuals which Mr. McKee, Chief Deputy Clerk, will submit to him.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, explained this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved a software license agreement between Lake County and The Urban Analysis Group, in order to receive the Transportation Planning Modeling Programs, as well as approved a Confidentiality Agreement, subject to review and final approval by the County Attorney's Office, and authorized proper signatures on same.

Commr. Gregg was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request for authorization to negotiate a contract and scope of services, with Heniger & Ray, for the preparation of the Land Development Regulations (LDRs) for Lake County.

PLANNING & DEVELOPMENT/REPORTS

Mr. John Swanson, Executive Director of Planning & Development, reminded the Board that staff would be in Tallahassee on Tuesday, May 15, 1991, to pick up the Objections, Recommendations and Comments (ORC) Report from the Department of Community Affairs. He reminded the Board that a workshop has been scheduled for Monday, May 20, 1991, for staff to review the ORC Report with the Board.

Commr. Gregg stated that the Board has had some discussion in the past for a Development Review Committee to review the Land

Development Regulations (mostly the technical portion). He stated he felt the Board needed the technical expertise of a Development Review Committee, made up primarily of engineers, land planners, and biologists, so that they can give the Board a comparison of this County's development regulations, as compared with surrounding counties, and if something appears to be unreasonable, in their opinion, they will let the Board be aware of said fact. He stated the Board is going to be reviewing technical items that most of the members of the Board do not have any knowledge of, nor do most of the members of the Executive Advisory Committee; therefore, felt the matter should be considered once again.

Mr. Al Thelen, County Manager, interjected that he had set up a technical committee that has been working for the last seven or eight months on the County's application review process. He stated that Ms. Pauline Alexander is the Chairman of the committee and noted that Mr. Greg Beliveau, Mr. Herb Stenger, Ms. Cecelia Bonifay, Mr. Ted Wicks and Mr. Carl Ludecke are on the committee, as well.

Further discussion occurred, at which time a Workshop Meeting was set for Friday, June 28, 1991, at 9:00 a.m., for purposes of discussing the Comprehensive Plan, and a meeting (Public Hearing) was set for Tuesday, July 2, 1991, at 5:05 p.m., at the Ag Center, with the Board sitting as the Land Planning Agency, to review the County's Comprehensive Plan. On Tuesday, July 9, 1991, at 5:05 p.m., the Board will hold a Public Hearing, in the Board Meeting Room (which staff from the Department of Community Affairs will be invited to attend), for adoption of the Comprehensive Plan.

ACCOUNTS ALLOWED/ROAD PROJECTS/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request to award and authorize Project No. 9-90, Dora Pines Subdivision, to Paquette

Paving Company, and to encumber and expend funds, in the amount of $132,665.83 (total escrow account).

ACCOUNTS ALLOWED/ROAD PROJECTS/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved a request to accept Change Order No. 1, to the Sylvan Shores Sidewalk Project, in the amount of $600.00, and to expend funds.

COUNTY BUILDINGS & GROUNDS/HEALTH DEPARTMENT

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board and gave a video presentation updating the Board on the Criminal Justice Facility, as well as the Main Jail (which he noted has progressed quite rapidly). He referred to the Project Financial Status Report (PFSR) stating that the Main Jail is 57.4% complete and the Criminal Justice Facility 5% complete. He stated that both facilities will be completed by April of 1992, noting that they are pretty much on the schedule which was projected - in fact, are presently approximately three weeks ahead of schedule. He stated there would be no further reporting on the Prelude Project, as it is complete.

Mr. Anderson reported on the accident which occurred at the Criminal Justice Facility, involving a form failure on the third floor of the facility, where wood post shorings had been used. He stated those wood shorings have now been replaced with steel ones, which gives a safety factor way in excess of what is actually needed. However, it is felt that the additional safety factor is well worth having, in order to prevent any chances of such an accident occurring again. He stated the County was very fortunate in that those individuals involved sustained no permanent injuries. He stated the accident was a good warning to all involved and complimented the contractors on the way in which the accident was handled. He stated they should be given credit, in expediting the repair and getting back on line, noting that as a result of their

handling of the situation, only one week's work was lost from the schedule.

Mr. Watkins, Clerk, complimented Mr. Anderson on the fine job he did of allaying concerns which some of those individuals who will be occupying the building had, after the accident, noting that Mr. Anderson had explained to them exactly what had happened, and what was being done about it, rather than letting them read about it in the newspaper.

Mr. Watkins, Clerk, brought to the attention of the Board the fact that, from the start of the Criminal Justice Facility project, the New Courthouse was always used as an example of the quality that those involved wanted for the interior of the facility, as the New Courthouse has been remarkably maintenance worthy, and felt that the contractors should live up to that obligation.

Regarding the Tavares Health Department facility, Mr. Anderson stated that said project is going along very well, is on schedule, and staff anticipates completion of it in September of this year.

No action was needed regarding this matter - strictly a presentation.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved a request to execute a Purchase Offer/Contract between Lake County and CSX Transportation, Inc., for a portion of the railroad right-of-way on Slab Church Road (2-1726), in the amount of $1,000.00, to be paid by the School Board.

BONDS/CONTRACTS, LEASES & AGREEMENTS/FINANCE

Ms. Annette Star Lustgarten, County Attorney, brought to the attention of the Board the matter of selecting a bond counsel for the County. She informed the Board that approximately 40 invitations were sent out to firms listed in what is called the

"Red Book"; however, only those firms which comprised three or more attorneys received invitations. She stated that 15 firms responded; however, only 13 were actually interviewed, as two of the firms had withdrawn, one based on a conflict of interest. She stated the committee involved ranked the top five firms. She then evaluated those rankings, based on her professional judgment, and ranked three of the five firms which she felt were excellent ones, being: Greenburg, Traurig, Hoffman, Lipoff, Rosen & Quentel (Miami); Nabors, Giblin & Nickerson (Tallahassee/Tampa); and Livermore, Klein & Lott (Jacksonville).

A brief discussion occurred regarding the matter, at which time a motion was made by Commr. Gregg and seconded by Commr. Hanson to select the firm of Nabors, Giblin & Nickerson as the bond counsel for Lake County.

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

PLANNING & DEVELOPMENT/LAWS & LEGISLATION

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Florida Cabinet is meeting and considering the Wekiva Land Use Plan Amendment and Land Development Regulations, noting that the final order dismissing the petition, was filed, challenging the Land Use Plan Amendment and Land Development Regulations, and confirming the Department of Community Affairs recommendation of approval of the two ordinances. She stated that she had spoken with the staff person for the Florida Land and Water Adjudicatory Commission, and that said individual had assured her that, since staff's and the Department of Community Affairs' recommendation was for approval, she saw no problems involving the matter and felt sure that it would be approved. She stated she would advise the Board as to the results of said meeting, as soon as she is made aware of them.

CORRECTIONS DEPARTMENT/SHERIFF'S DEPARTMENT

Ms. Annette Star Lustgarten, County Attorney, brought to the attention of the Board the matter of the Correctional Department

employees' administrative hearing. She stated that, on May 2, 1991, the Public Employees Relations Commission issued an order upholding the administrative hearing officer's recommended order. She stated that said order dealt with three issues, being that (1) Lake County is an employer to the Sheriff; (2) that the Lieutenants' Bargaining Unit was an appropriate unit; and (3) that the mixed Correctional/Non-Correctional Officers' Bargaining Unit was not appropriate; therefore, their certification was revoked. She stated that, should they choose to go forward again, they would have to start from scratch.

Ms. Lustgarten stated there are two time frames that the County needs to work around. She stated the County has the ability, by May 17, 1991, to ask for a motion to reconsider the Board's order, noting that all they would do is reconsider the order which was just issued, if there is any basis for it. She stated, however, that the County's labor counsel recommended that that not be done, due to the fact that they are rarely successful in asking for a motion to reconsider, once the Commission has upheld an administrative hearing officer's order. She stated the second time frame the County is under is June 1, 1991, which gives the County the ability to appeal the order to the District Court of Appeals, if it so chooses. She stated the remaining issue, as far as the County is concerned, in trying to accomplish what they wanted to, was accomplished, due to the fact that that particular bargaining unit was decertified. She stated the remaining issue is the successorship - whether the County is, in fact, a successor employer to the Sheriff. She stated the order was pretty strong on which they based that particular determination. She stated the bargaining unit has the ability to appeal, by June 1, 1991, as well as file a motion for reconsideration, if they choose to do so. She stated if the union does file an appeal, the County has the ability to file a counterclaim in that appeal. She stated that, due to the fact that the County's labor attorney feels that the County would

probably not be successful in the matter, requested authorization to appeal, after further discussion with labor counsel.

Upon being questioned by Commr. Bakich regarding the matter, Ms. Lustgarten stated that if the union appeals, the County would be one of the named parties. She reiterated the fact that the

County's labor counsel recommended that the County not appeal, based on information received.

Mr. Al Thelen, County Manager, interjected that the thing staff was concerned about was the fact that nurses, maintenance personnel, correctional officers, and cooks were all in the same union, noting that this is what the County took exception to when staff initially filed. He stated the Sheriff took no exception to that fact, noting that even Lieutenants were in the same union, however, the State pulled them out. He stated what staff wants to do is say that it was not a legitimate bargaining unit, because of the mix of trades. He noted that the matter worked out the way staff hoped it would.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board authorized the County Attorney to initiate an appeal, if the determination is made to go forward with the matter.

SUITS AFFECTING THE COUNTY/ZONING

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a suit had been filed against the County by the D. O. Roper Trust, which she noted were the developers of the Glengarry Lakes Project zoning case which had been brought before the Board at a previous Zoning Meeting. She stated the suit had been filed last week, and that an answer was due within 20 days, noting that she would keep the Board informed regarding the matter.

ACCOUNTS ALLOWED/FINANCE

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board ratified financial items which needed to be paid prior to this Board Meeting.

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution recognizing the valuable contributions that the Green Thumb employment and training program for senior citizens has made to the County and the Country.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Ms. Molly Bair as the District 1 representative to the Lake County Library Board.

MEETINGS/MUNICIPALITIES

Commr. Swartz brought to the attention of the Board the fact that the Montverde Town Hall Meeting which had been scheduled for Thursday, June 20, 1991, would have to be rescheduled. A brief discussion occurred regarding the matter, at which time it was the consensus of the Board to reschedule said meeting for Tuesday, June 25, 1991.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:25 a.m.

________________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

________________________________

JAMES C. WATKINS, CLERK

SEC/5-14-91/5-22-91/BOARDMIN