A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 4, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, June 4, 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; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

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

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of May 7, 1991 (Regular Meeting), as presented.

PRESENTATIONS OF AWARDS, PLAQUES AND RESOLUTIONS

COUNTY EMPLOYEES/PERSONNEL

Commr. Bailey made the following presentations:

Posthumous Presentation of Resolution to:



Mrs. Mildred "Millie" Smith in recognition of Mr. James Smith, as recipient of the "Fireman of the Year" award for 1990.



Presentation of Resolution for Twenty Years of Service:



Mr. Ray Robbins in recognition of his 20 years of service on the Planning & Zoning Commission Board.



Presentation of "Employee of the Month" Plaque and Savings Bond to:



Mr. Stephen Corbett, Chief Bailiff, Judicial Department



Presentation of Plaques for Five and Ten Years of Service to:



Five Years Service



Ms. Jean Adele Dempsey, Secretary III, Agricultural Center

Ms. Roseann Hofferberth, Buyer, Purchasing

Mr. Ernie R. Reid, Mechanic II, Maintenance Shop

Mr. Bobby R. Russell, Equipment Operator III, Maintenance Area II.

Mr. David A. Whittum, Corrections Officer, Corrections



Ten Years Service



Mr. William A. LeHeup, Purchasing Director, Purchasing

Ms. Betty C. MacAfee, Corrections Officer, Corrections



CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed



Request for payment of Warrant No. 135706 through Warrant No. 136042, for the following accounts:



Section 8 Landfills

County Transportation Trust Countywide Fire District

General Revenue Private Industry Council

Animal Shelter Trust Fund Mosquito Control

Aquatic Weed Revenue Sharing

South Lake Fire District Northwest Fire District

Mr. Plymouth Fire District Countywide Library

Private Industry Council Commissary Trust Fund

Capital Outlay Pasco Fire District

Miscellaneous/Gas Fund Bassville Fire District

Emergency 911 Fund Paisley Fire District

Resort & Development Fund Tax



Bonds - Contractor



Request for approval of the following Contractor Bonds:



New



1920-91 Lester Bott (General)

3046-91 Cardinal Construction & Aluminum, Inc.

3084-91 Robert M. Bramlett dba Bramlett Electric, Inc.

4284-91 Arthur E. Lee, Jr. (Residential Contractor)

4955-91 Eugene D. Aurand dba All Air Service Systems

4956-91 Will Trout (Electrical)

4957-91 Robert Burton (Heating & Air Conditioning)

4958-91 Paramount Plumbing, Inc.

4959-91 Palm Vista Homes, Inc.

4960-91 Grady M. Harrison Masonry Company

4961-91 Peterson Electric

4962-91 John R. Ryan dba The Ryan Company

4963-91 Gerald N. Ustler (Electrical)

4964-91 Bry-Ann's Plumbing & Irrigation, Inc.

4965-91 Donald Nelson dba Nelson Electric

4966-91 Percy Eugene Poole (Electric)

4967-91 James M. York dba Pelican Marine Enterprises, Inc.

4968-91 Edward P. Degal dba Lilley Air Conditioning, Inc.

4969-91 Herbert William Davis III dba Buddy's Plumbing

4970-91 Davis Ellis

4971-91 Energize Electrical, Inc.

4972-91 Paul V. Lawton (Building)

4974-91 Don's Electric & Lightning Control, Inc. (Building)

4975-91 Ralph Mudd dba Mudd's Plumbing



Courts-Judges/Accounts Allowed



Satisfaction of Judgment, Case No. 90-649-CJ, 91-185-CJ,   91-237-CJ, Earl R. Chambers, Juvenile, and Paula Chambers, Parent, in the amount of $50.00.



Satisfaction and Release of Fine, Code Enforcement No. CEB 82-90, Nathanial Allen, Jr., in the amount of $300.00.



Budgets/Clerk/Sheriff's Department/Elections/Tax Collector



Request to acknowledge receipt of the Constitutional Officers' budgets.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS



ACCOUNTS ALLOWED/GRANTS/STATE AGENCIES



Mr. Skip Babb, Public Defender, appeared before the Board to present the request for approval of the State of Florida, Department of Community Affairs, Division of Emergency Management, Bureau of Public Safety Management subgrant applications for Anti-Drug Abuse Act funds.

Mr. Babb stated that the total Grant is for $168,200.00, which includes a 25% local cash match, in the amount of $42,050.00, and Grant funds, in the amount of $126,150.00.

Mr. Babb stated that the Substance Abuse Advisory Board selected three (3) separate program areas, with 60% of the funds being allocated to implement the DARE (Drug Abuse Resistance Education) program, 20% being allocated to implement the Genesis program into the jail, and 20% being allocated to implement a Pre-Trial Release program.

Commr. Swartz suggested the Substance Abuse Advisory Board send a letter to the cities explaining the program, and asking for their assistance with the required 25% cash match. He stated that a large portion of the grant money is allocated to go into the Judiciary and Corrections system, suggesting that additional funds may be available in those budgets.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the request for signature on the State of Florida, Department of Community Affairs, Division of Emergency Management, Bureau of Public Safety Management subgrant applications for Anti-Drug Abuse Act funds, in the amount of $126,150.00, subject to review by the County Attorney's office.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Hanson requested that Item 10 be pulled, and Commr. Bailey requested that Item 12 be pulled for the purpose of discussion.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the following request, with the exception of Item 10 and Item 12.

Administrative Services-Budgets/Bids



Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes as follows:

(1) Specifications:
The current purchasing policy requires that all specifications be approved by the Board of County Commissioners prior to bidding.




DEPARTMENT/DIVISION




DESCRIPTION OF ITEM
BUDGETED

AMOUNT

(1) Public Works Theodolite - EDM.

Measuring instrument.

$ 10,000.00
(2) Public Works 1991 Hydraulic Excavator, Grade All, with telescoping boom medium size truck mounted. $175,000.00
(3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1,000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager).



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Corrections Sysco, Purchase Order for staple and meat, May 1, 1991 - May 21, 1991.

Bid # 049-387-091 awarded May 21, 1991.

$ 1,439.02
(2) BCC - Corrections B & R Foods.

Purchase Order for meats and staple foods May 1, 1991 - May 21, 1991.

Bid # 049-387-091 awarded May 21, 1991.

$ 6,241.58
(3) BCC - County

Attorney

Harold Peter Barkas.

1 set Florida Statutes annotated up-to-date supplements.

$ 1,811.76
(4) Health and

General Svcs -

Animal Control

Suburban Surgical Co.

Stainless steel cages and accessories.

$ 2,882.00
(5) Health and

General Svcs -

Animal Control

The Mason Company.

Kennels and outdoor

run units.

$ 5,498.00
(6) Environmental

Services -

Mosquito Control

Adapco.

Chemicals for mosquito control.

$ 1,625.00
(7) Public Works -

Sign Shop

Blue Bird Cleaning Svc.

Cleaning service for sign shop.

$ 1,125.00
(8) Public Works -

Road Operations

M & C Pipe Supply.

Material to repair pump.

$ 2,576.60
(9) Public Works -

Road Operations

Helena Chemical.

1-drum of round up weed control.

$ 1,325.10
(10) Environmental

Services -

Solid Waste

Hi Acres.

15-ton fertilizer grandular, for Astatula Landfill.

$ 2,274.00
(4) Encumber Funds Previously Authorized:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Environmental

Services -

Pollution Control

Post, Buckley, Schuh & Jernigan Inc.

Technical assistance for Central and South Lake Development Meeting, P-318.

$ 2,356.48
(2) Environmental

Services -

Pollution Control

Post, Buckley, Schuh & Jernigan Inc. Professional service 19/27 Turnpike Water and Wastewater Improvements, P-318. $ 9,475.61
(3) Public Works -

Road Operations

Larson Drainage Systems.

Corrugated polyethylene pipe and coupling.

Bid # 005-235-091.

$ 1,487.00
(5) Approve Other Payments and Encumber

Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Corrections Peoples Gas.

Blanket Purchase Order for April 1, 1991 - September 30, 1991 for gas for Prelude tanks owned by Peoples Gas.

$ 2,100.00
(2) Environmental

Services -

Mosquito Control

London Fog, Inc.

U.L.V. cold aerosol spray generator.

$ 5,700.50
(3) Health and

General Svcs -

Fire District

Harris Oil.

Blanket Purchase Order for fuel for Dist. 5 equipment. Tanks owned by Harris Oil.

$ 4,000.00
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Environmental

Services -

Solid and

Hazardous Waste

City of Tavares.

Recycling grant reimbursement second quarter.

Contract # M-329.

$ 8,639.33
(2) Health and

General Svcs -

Fire District

Municiple Equipment.

Repair pump on tanker 91, Property # 9854.

$ 1,593.50
(3) BCC - Admin

Services -

Risk Mgmnt

Approve change orders on Blanket Purchase Orders to cover increase for remaining Fiscal year. PO #62819 -

$ 5,000.00



PO #62820 -

$488,000.00



PO #62822 -

$ 50,000.00



PO #62823 -

$ 3,000.00



PO #62826 -

$ 2,000.00



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.



(5) Approve Other Payments:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Corrections

Medical

Darby Drugs.

Blanket Purchase Order for June and July 1991.

Bid Specifications being compiled.

$ 1,600.00
(2) BCC - Corrections

Medical

Lake/Bay Pharmacy.

Blanket Purchase Order for June and July 1991.

Bid Specifications being compiled.

$ 12,000.00
(3) BCC - Corrections

Medical

Doctors and Physicians Lab.

Blanket Purchase Order for June and July 1991.

Bid Specifications being compiled.

$ 5,000.00



County Employees/Personnel



Request approval and signature on Certificates to employees for one and three years of service.



Contracts, Leases & Agreements/Landfills/Ordinances



Request, by Solid and Hazardous Waste Management Division, for approval of commercial waste collection franchises for Lott's Construction Service dba LCS, Inc., Anderson Rentals, Inc. and Tomoka Waste, Inc., and approval of requested exemptions from the Solid Waste Ordinance.



Housing



Request from Section 8 Housing to sign up for Direct Deposit with First Union National Bank of Florida, Orlando, Florida.



Planning & Development/Subdivisions



Request for preliminary approval of Rose Hill, Phase II, (15 lots in District 3).



Planning & Development/Subdivisions



Request for preliminary approval of Silver Lake Hill, First Addition (46 lots in District 1).



Accounts Allowed/Planning & Development/Subdivisions/Bonds



Request final plat approval of Lake Crescent Hills and acceptance of a performance bond, in the amount of $720,000.00, subject to the County Attorney's review and approval of one remaining item which needs to be corrected.



Bonds - Mobile Home



Request approval of mobile home bond for Michael Taylor, Clermont area, District 3.



Roads - County & State/Resolutions



Request to accept Executive Blvd. (#2-4403) into the County Road Maintenance System.



Deeds/Right-of-Ways, Road and Easements/Road Projects



Request to accept the following:



Quit-Claim Deed



Ruth G. Rogers and Trustees of the Rogers Family Trust (#2-3014) University Avenue.



Drainage Easement



For Vacation Petition:

Henry Johnson and Sarah Frances Johnson, Jimmy W. Childress, Robert K. Childress, First Baptist Church of Astor.



Statutory Warranty Deeds



For Lot Approval:



Thomas Pastor, Jr. & Maria C. Pastor, Micro-Racetrack Road (#1-6202).



For Site Plan:



Gottfried & Ingrid Dildie, Roger Giles Road (#5-7974).



William Larry Hendry, Radio Road (#1-5433).



For Special Assessment in Howey Subdivision "A":



Kathryn A. Hendricks

Sara Kerns



Right-of-Way Deed



For Road Project:



James Heston Hilliard, Jr. and Linda Sue Hilliard; Jerry L. Rogers and Debra Rogers - Lane Park Cutoff Road (#3-3444).



Temporary Non-Exclusive Easement Deed



For Road Project:



James Heston Hilliard, Jr. and Linda Sue Hilliard; Jerry L. Rogers and Debra Rogers - Lane Park Cutoff Road (#3-3444).



RIGHT-OF-WAYS, ROAD AND EASEMENTS

Commr. Hanson directed a question to staff regarding the Districts in question, with Mr. Jim Stivender, Director of Public Works, responding that the Districts listed are Commission Districts.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to accept non-exclusive easement dedications as follows:

FOR LARGE LOT WAIVERS



District 2



Robert & Susan Davis

Gail Dickson

Lynn Crenshaw

McElyea Fernery & Groves

Premore Groves, Inc.

Brenda Whiteley

Anna York

William Herndon

Stuart Herndon

Deborah Mitchell

David Herndon

Edward Herndon

Catherine Parker

Wayne & Patricia Padgett

Gerald Eulett

L. Andersen, K. Anderson, W. Andersen, J. Anderson

Robert & Edith Eulett

Stephen Stone & Edward Kerben



District 3



P. Fred & Loraine Gilliard

Harrison & Cheryl Dobbs

Donald Pleasants

M. Kenneth & Sara Boykin

John & Patricia Antony, Zolton Antony



District 4



Troy & Susan Odom, David & Elizabeth Allison



District 5



Barbara Witherow, William Casey

Narciso & Maria Padilla

ROADS - COUNTY & STATE/RESOLUTIONS/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, responded to a question presented by Commr. Bailey regarding roads in the Palms Mobile Home Estate. Mr. Stivender stated that there were problems with the newly surfaced roads, but the problems have been eliminated now that the new surfaces have worn down.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for a resolution accepting Palm Way (#2-2916), Plumos Drive (#2-2916A) and Palmetto Drive (#2-2916B), in the Palms Mobile Home Estates, into the County Maintenance System.

Commr. Gregg was absent for the discussion and vote.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BUDGET TRANSFERS/SHERIFF'S DEPARTMENT

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for approval of budget transfer, in the amount of $15,000.00, from the Sheriff's Contingency Fund, to provide additional funds for operating expenses in the Sheriff's budget.





ACCOUNTS ALLOWED/BUDGET TRANSFERS/TOURIST DEVELOPMENT COUNCIL

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of budget transfer, in the amount of $79,950.00, from Tourist Development/Resort Tax Special Reserve to Contractual Services.

CONTRACTS, LEASES & AGREEMENTS/HEALTH & GENERAL SERVICES

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization for the County Manager to write a letter to Waterman Medical Center, which will provide notice that the County was not going to invoke the automatic extension clause of the agreement, and the contract will be open for negotiation".

ACCOUNTS ALLOWED/COURTHOUSE

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board to present the request to delete three elevators from the new Courts Building.

Mr. Anderson stated that the deletion of the three elevators would generate a credit of $150,000.00, which would be used for other enhancements such as larger jury rooms, a larger Law Library, relocation of the Clerk's Computer Room, additional floor area within the Judge's Suites, and additional office space for the Clerk of Courts.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to delete three

elevators from the new Courts Building, for a credit, in the amount of $150,000.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COURTHOUSE

Mr. Mike Anderson, Director of Capital Improvements appeared before the Board to explain this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request for approval of an amendment to the Hellmuth, Obata & Kassabaum's Design Contract, for approximately $12,000.00, to cover the deletion of three

elevators and the redesign of the space remaining within the $150,000.00 credit.

MOSQUITO/AQUATIC PLANT MANAGEMENT/ENVIRONMENTAL SERVICES

Mr. Don Findell, Executive Director, Environmental Services Department, appeared before the Board to explain this request.

Mr. Findell stated that the increased mosquito population is being monitored through mosquito traps. He also reported there has been an increase in the number of customer complaints and requests during the last few weeks.

At this time, discussion occurred regarding two (2) existing part time positions that are vacant, with Commr. Swartz suggesting that a staff evaluation be made on the feasibility of filling these positions, as soon as possible, and present their findings to the Board.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of license to use St. Johns River Water Management District lands.

CONTRACTS, LEASES & AGREEMENTS/OUTDOOR

RECREATION/MUNICIPALITIES

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to introduce Mr. Michael Henry, Assistant Director of Planning & Development. At this time, Mr. Swanson explained the request, from the City of Eustis, for the annexation of Marsh Park into the City of Eustis.

Mr. Swanson stated that there are no objections to this request providing that the following conditions be met:

1. The County maintain ownership of the park.



2. Marsh Park be identified as a County owned, operated and maintained park for County residents, including the City of Eustis residents.



3. The Marsh Park Level of Service Standard be identified in the County Comprehensive Plan.



4. The City of Eustis agrees not to include the Marsh Park Level of Service Standards in the City of Eustis Comprehensive Plan.



5. The City of Eustis provide public safety protection to the users of Marsh Park.





6. The above five (5) items, but not limited to, be included in an interlocal agreement between the City of Eustis and the Lake County Board of County Commissioners.



The Chairman recognized Mr. Buck Dandridge, City of Eustis Commissioner, who was present in the audience, and Mr. Alton Roane, Development Services Coordinator, City of Eustis.

Mr. Roane stated the City of Eustis is not asking the County to give up any control over Marsh Park, but would like to annex the Park into the City in order to extend their public services to the area. He further stated they have no objections to the five (5) conditions, as listed above.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request for annexation of Marsh Park into the City of Eustis, with the stipulation of an Interlocal Agreement incorporating the conditions, as listed above.

COURTHOUSE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain the request for designation of the Old Lake County Courthouse Building, as an Historic Landmark, on the State of Florida Master Site file.

Mr. Stivender stated that there is a need to seal and re-roof the Courthouse, and the designation of an Historic Landmark will allow access to grant monies to aid in ongoing preservation efforts. He stated staff has prepared and sent a grant application to the Florida Department of State Division of Historical

Resources, and, if approved, the grant will provide a total of $110,000.00, with a $55,000.00 match. Mr. Stivender stated that these funds will not be available until after July 1, 1992.

In answer to a question presented by Commr. Gregg, Mr. Mike Anderson, Director of Capital Improvements, stated there is a need to reseal the roof because of continual water problems, contributed to leakage from the roof, due to the renovation of the Courthouse.

Mr. Chuck Pula, Parks & Recreation Facilities Director, stated the proper method of sealing was not used at the time the Courthouse was sealed two (2) years ago.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for signature on the documents to apply for grant funds, and execution of the Maintenance Agreement.

Commr. Bakich was absent for the vote.

Mr. Stivender presented a chart showing the rainfall totals since 1977, stating that staff has been working overtime to handle problems that are present, due to the significant rainfall received this year.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/TOURIST

DEVELOPMENT COUNCIL

Mr. Dave Warren, Tourist Development Director, appeared before the Board to present this request.

At this time, Commr. Bailey recognized Mr. Wendell Husebo and Mr. Lanny Husebo, with Husebo Advertising & Public Relations, Inc., who were present in the audience.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request to negotiate a contract with Husebo Advertising & Public Relations, Inc., to be the advertising agency of record for the Lake County Tourist Development Council, and to encumber and expend funds, in the amount not to exceed $60,000.00.

RECESS AND REASSEMBLY

At 10:00 a.m., the Chairman announced that the Board would recess and reconvene at 10:10 a.m., for a Public Hearing.

LANDFILLS

Commr. Bailey stated, on June 3, 1991, the Investment Banker Selection Committee heard presentations from six investment banking firms and ranked them as follows: (1) Paine Webber, Inc.;  (2) Merrill Lynch; (3) Smith Barney; (4) Prudential-Bache;  (5) Lehman Brothers; and (6) Goldman, Sachs & Company.

Discussion occurred regarding an appropriate date for the Board to meet, for the purpose of reviewing the investment firms listed above, with Commr. Gregg stating that he would prepare a

memo, to be presented in his absence, regarding his thoughts on the six (6) firms.

PUBLIC WORKS/ROADS - COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to state that Mr. Don Griffey, Ms. Pat Mayhill, and Ms. Mary Scott have been meeting with the Department of Transportation regarding the 10-Year Plan and 20-Year Plan.

Mr. Jim Kimbler, District Planning Manager, Florida Department of Transportation, from the Winter Park office, appeared before the Board to review the projects in the 10-Year Plan. Mr. Kimbler stated that the cost of the 10-Year Plan will be approximately $96,000,000.00.

Mr. Kimbler stated that, in working with County staff, they have identified a need to review an Orlando - Ocala Corridor; a by-pass around Leesburg; and access roads to the Western Beltway. Mr. Kimbler identified other road projects on the map, stating that the majority of the projects are on State Road 50, State Road 44, U.S. 441, and U.S. 27.

Mr. Kimbler stated that the cost associated with the plan will be $17,000,000.00 for design; $48,000,000.00 for right-of-way, with $32,000,000.00 being contributable to the Western Beltway; and $31,000,000.00 for construction.

At this time, Mr. Kimbler answered questions, presented by the Board, regarding the road projects, with Mr. Stivender reviewing projects that are now underway or presently on the board.

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY/OUTDOOR

RECREATION/MUNICIPALITIES

Mr. Chuck Pula, Parks & Facilities Director, appeared before the Board and stated this request is for an Interlocal Agreement with the Water Authority, to reimburse them for funds, to purchase a 2.45 acre parcel of land in the Astor area, adjacent to the Butler Street boat ramp. Mr. Pula stated this parcel is needed to provide adequate public parking to the boating and fishing public.

Mr. Will Davis, Executive Director of Lake County Water Authority, appeared before the Board and stated they have a signed contract agreement with Mr. Otis Lee, owner of the property in question, with a closing date scheduled for June 17, 1991.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for an Interlocal Agreement with the Lake County Water Authority, pertaining to purchase of property adjacent to the Astor boat ramp.

COUNTY ATTORNEY'S BUSINESS

CODE ENFORCEMENT

Ms. Annette Star Lustgarten, County Attorney, informed the Board (for informational purposes), the Court has ruled that the Brady's do not have standing, regarding the Code Enforcement Board order pertaining to the Dr. Kenneth Acre property. Ms. Lustgarten stated the Code Enforcement Board action has been terminated.

CORRECTIONS DEPARTMENT

Ms. Annette Star Lustgarten, County Attorney, informed the Board (for informational purposes) that the Board had given authorization to consider an appeal of the Public Employers Relations Commission, the PERC order, regarding the determination of the Correctional Officers Employees Union Administrative Hearing. Ms. Lustgarten stated that she will appeal the order

regarding the substitution of the County as a substitute employer in relation to the Sheriff.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

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

COMMITTEES/COURTHOUSE

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the formation of a sub-committee of the Jail Task Force, consisting of Commr. Gregg, Mr.

James C. Watkins, Judge Briggs and Mike Anderson, for the purpose of dealing with the Courts Building business.

RESOLUTION/COMMITTEES

Commr. Gregg brought up for discussion a letter that was received from Mr. Brett J. States, Forester, regarding the organization of a county-wide Global ReLeaf Committee, to initiate a Global ReLeaf program for Lake County.

After discussion, it was decided to draft a resolution in support of the creation of a Global ReLeaf Committee, to initiate tree planting projects County-wide.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved to postpone the appointments to the Industrial Development Authority, until the July 8, 1991 Board meeting.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred regarding the appointments to the Natural Resources Advisory Committee; at which time, it was the decision of the Board to postpone this request.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/POLLUTION CONTROL

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the appointment of Mr. Dave

Burkhart, as recommended by Commr. Bailey, Chairman, replacing Mr. Phillip Conant, to the Pollution Control Board, with term to expire June 5, 1993.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred regarding the appointment of a building contractor (Aluminum) to the Board of Examiners; at which time, it was the decision of the Board to postpone this request.

PLANNING & DEVELOPMENT/ORDINANCES

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present the request for an ordinance relating to the time frames for public participation in the Comprehensive Plan review.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for an ordinance relating to time frames for public participation in the Comprehensive Plan review.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred regarding the appointment of the Realtor category to the Code Enforcement Board; at which time, it was the decision of the Board to postpone this request.

RECESS AND REASSEMBLY

At 11:10 a.m., the Chairman announced that the Board would recess and reconvene at 11:30, for a Public Hearing.

COMMUNICATIONS

Mr. Phil Yapkowitz, General Manager, Lake County Cablevision, appeared before the Board to present an update on Lake County Cablevision.

Mr. Yapkowitz stated that Lake County Cablevision has made a commitment to customer service, customer satisfaction, and co-worker communication; at which time he reviewed statistics for the first five (5) months of 1989, 1990 and 1991 regarding incoming phone calls, stating that calls have increased from 40,000 calls during the first five months in 1989 to approximately 60,000 calls during the same period in 1991.

Mr. Yapkowitz reviewed their maintenance program, stating that 50% of their plant is totally protected with surge protection equipment.

At this time, Mr. Yapkowitz touched briefly on new services and improved services being offered their customers, including expanded service hours; upgraded programming; installation of Weather Star; realignment of channels; fast action forms being provided to city officials; and formation of a Cable Advisory Committee.

Mr. Yapkowitz stated that Limited Basic Service will be available as of July 1, 1991, at a cost of $12.50 per month, and this service will cover Channel 2 through 13.



Mr. Yapkowitz reviewed the Cumulative Leakage Program, which eliminates radiation leakage from their plant.

Mr. Yapkowitz further reported that forty-seven (47) miles of cable have been added to the areas of Carlton Village, Whitley, Lisbon, Hwy. 19 south of Tavares, and informed the Board of the acquisition of Lake Cablevision, Inc.

RECESS & REASSEMBLY

At 12:00 a.m., the Chairman stated that the Board would recess for lunch and would reconvene at 2:00 p.m. for a workshop.

ASSESSMENTS/FIRE PROTECTION/LANDFILLS

Mr. Al Thelen, County Manager, appeared before the Board to introduce Ms. Camille Gianatasio, representing David M. Griffith & Associates, Ltd. (DMG). Mr. Thelen stated that direction from the Board was needed so that notices can be sent out to the residents, in each District, notifying them of a public hearing that is tentatively scheduled for July 11, 1991.

Ms. Camille Gianatasio appeared before the Board to present the executive summary of the Fire/Rescue Non-Ad Valorem Assessment Rate Restructuring Study, Phase II. Ms. Gianatasio stated that it had been determined that the existing fire assessment methodology had weaknesses, and the primary objective of the fire/rescue

assessment rate restructuring study was to develop rates based on an equitable and legally defensible methodology.

Ms. Gianatasio identified and reviewed several issues, which were discussed at the May 16, 1991 Board workshop. The issues identified were as follows: Additional assessment categories, allowing the County to assess property previously not included in the database; elimination of square footage categories, providing no rate differentiation for square footage; assessment on per acreage basis, allowing consistent assessment on unimproved property; and mobile homes in rental parks will not longer be assessed on the tangible tax roll, allowing park owners to receive an assessment based on average county-wide occupancy rate.

Ms. Gianatasio stated that, under the existing rate structure, some property use categories have been exempted from the assessment by the County, although the County had the legal authority to impose an assessment for these categories, and one objective of this study was to provide an equitable rate structure. Ms. Gianatasio stated that under the old system, Residential property contributed 75% of the budget, Commercial, 23%; and Agricultural, 1%, with Institutional, Recreation and Unimproved Land contributing 0%. Under the new proposed budget contributions, Residential will be contributing 50%; Commercial, 20%; Institutional, 1%; Recreation, 2%; Agricultural, 1% and Unimproved Land, 23%.

Ms. Gianatasio reviewed three budget scenarios, developed by DMG, for consideration in the adoption of the proposed rates. She stated that Scenario One (1) has a budget of $5,187,751, Scenario Two (2) has a budget of $2,999,934.00; and Scenario Three (3) has a budget of $3,499,934.00, indicating that Scenario Three does not contain recommended levels of funding for purchases related to rolling stock or support equipment.

Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board to review Budget Scenario Three (3), stating that Scenario Three allows for the creation of a fire mechanic position, standardization of the volunteer reimbursement,

cash contingency and cash reserve to carry into the next Fiscal Year, so that general revenue funds will have to be relied on.

Ms. Gianatasio reviewed the proposed assessment rates, stating that residential property owners will pay $34.68 per unit and unimproved land will pay $34.66, up to one (1) acre, and $.41 per acre, over one acre. She stated that 38.5% of fire activity and costs can be attributed to unimproved land; at which time, discussion occurred from the board regarding the unimproved land category.

Ms. Gianatasio reviewed the proposed fire/rescue assessment rate structure for the next five fiscal years, commenting that a

five year rate is important because it enables long range planning

and provides flexibility.

Mr. Thelen stated that this flexibility gives the Board the enabling legislation needed to set appropriate rates each year.

Discussion occurred regarding the User Fee Revenues and fee related services as proposed, with Commr. Gregg questioning the feasibility of the recommendation that a fire inspection be conducted annually of commercial establishments, and charging a fee for this service.

Commr. Bakich stated that the methodology, presented in Budget Scenario Three (3), is a step toward what the Board is trying to accomplish, but stated he is not comfortable funding through the non-ad valorem assessment, encouraging the Board to allow for public comment through a public hearing process.

Commr. Swartz suggested the Fire, EMS and Ambulance system be evaluated comprehensively, in order to provide input into what is needed in Lake County. Commr. Swartz stated that the Board needs to keep in mind the opinions expressed at a prior public hearing; at which time, the public expressed a need for the Board to continue to find the most efficient way to operate a fire and emergency system within the revenues that are available, and to get assessment from parcels that aren't paying.

Commr. Gregg expressed his concern over justifying the increase of $34.66, up to one acre, to unimproved land when a residential parcel is paying $34.68 per unit with a structure. Commr. Gregg stated that there is also an inequity in industrial and manufacturing warehouses, with smaller buildings receiving a break and larger buildings, over 100,000 square feet, paying a much higher rate.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved adoption, for the purposes of a first class notice, of the initial rates as proposed in Scenario Three (3), Figure 3 Proposed Fire/Rescue Assessment Rates FY 91/92 as follows: Residential, $34.68; Multi-Family, $.20; Retail, $.13; Office, $.07; Hotel/Motel, $.07; Manu/Warehouse, $.04; Institutional, $.06; Recreation, $.55; Agriculture, $.21; Unimproved Land - Less/Equal to one (1) acre, $34.66, greater than one (1) acre, $.41; with the Board continuing to work to fine tune the system to adjust rates, as necessary, to bring as much equity to it as possible.

Commr. Bailey voted "No".

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved to set the maximum rates, for the purposes of a first class notice, as indicated in Figure 3, Proposed Fire/Rescue Assessment Rates FY 91/92, with the Board prepared, to go before the citizens of Lake County, to reassess the Fire/EMS system.

Commr. Bailey voted "No".

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the rate of $216.72 per acre, consistent with the Deer Island PUD Ordinance.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved adoption of a resolution approving a tentative non-ad valorem assessment rate for the "Lake County Municipal Service Taxing Unit for Fire Protection",

including rates as listed in Exhibit "A", and Exhibit "B" for Deer Island.

RECESS AND REASSEMBLY

At 3:30 p.m., the Chairman announced that the Board would recess for five minutes and reconvene for the Solid Waste Collection workshop.

ASSESSMENTS/LANDFILLS

Mr. Al Thelen, County Manager, appeared before the Board to present the workshop on Solid Waste Collection and Disposal; at which time, he distributed a draft of a first class notice.

Mr. Don Findell, Director of Environmental Services, appeared before the Board to briefly explain that the five year plan is a

preliminary five year budget, looking at waterwaste disposal cost and recycling.

Ms. Gianatasio reviewed the proposed non-ad valorem assessment rates for FY 91/92 through FY 95/96, showing 5% increases each year, for a potential 20% increase in the fifth year. Ms. Gianatasio stated that the proposed rates are as follows: FY 91/92 - $247.93; FY 92/93 - $262.06; FY 93/94 - $287.25; FY 94/95 - $287.21 and FY 95/96 - $299.45.

Discussion occurred regarding the proposed rates, with Commr. Bakich stating he is more comfortable with the FY 93/94 timeframe as an outside time frame, with Commr. Bailey commenting that the Board needs to continue to do their best to get the figures lowered.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved to accept the FY 93/94 maximum rate of $287.25, with a maximum of three years, for the non-ad valorem assessment for Solid Waste Collection and Disposal.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the adoption of a resolution approving a tentative non-ad valorum assessment rate for the "Lake County Municipal Service Taxing Unit for Solid Waste Collection and Disposal", including rates as listed in Exhibit "A".

There being no further business to be brought to the attention of the board, the meeting adjourned at 4:20 p.m.





________________________________

DONALD B. BAILEY, CHAIRMAN



ATTESTS:





______________________________

JAMES C. WATKINS, CLERK



MSF/6-10-91/6-4-91