A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 10, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, September 10, 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 Toni M. Austin, Deputy Clerk.

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

MINUTES

The Board postponed action on the Special Minutes of July 25, 1991.

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 payment of Warrant #139810 through Warrant #140352, for the following accounts:

County Transportation Trust Landfills

South Lake Fire District Countywide Library

General Revenue Pasco Fire District

Private Industry Council Countywide Fire District

Animal Shelter Trust Fund Mosquito Control

Aquatic Weed Capital Outlay

Section 8 Mt. Plymouth Fire District

Miscellaneous/Gas Fund Resort & Development Fund Tax

Emergency 911 Fund Northeast Ambulance

Northwest Ambulance Northwest Fire District

Revenue Sharing Bassville Fire District

Law Enforcement Trust Fund Paisley Fire District

Criminal Justice Trust Fund Law Library

Commissary Trust Fund Road Impact



COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 1, regarding an issue under Administrative Services/Budget, be pulled for discussion.



On a motion by Commr. Swartz, seconded by Commr Hanson and carried unanimously, the Board approved the following requests, Tabs 2-9:

Administrative Services/Budget

Accounts Allowed/Insurance

Request for approval of insurance renewal applications, as follows:



1) Public Officials Liability - ISLIC (Crum & Forester) provides $1,000,000.00 Limit with $25,000.00 Deductible. Premium this last year - $16,900.00.



2) Workers' Compensation for Fire Districts - Assigned Risk (Liberty Mutual Ins. Co.) provides statutory benefits to employees and volunteers. Premium deposit $74,815.00.



Accounts Allowed/Budget Transfers/Resolutions



Request for transfer of funds to various Departments and other budget related items:



a. Approval of budget transfers, as follows:



Office of Management and Budget



1. Fund: Sales Tax Bond Construction

Department: Capital Improvements

Division: Jail Operations

From: Operating Expenses $400,000.00

To: Operating $400,000.00

Transfer #: 91-0375



2. Request to rescind Board action of July 30, 1991, for expansion of the scope of services in the agreement with Correctional Services Group for the development of an in-house training program, using Infrastructure Sales Taxes fund dollars, and for $25,200.00 for the Correctional Services Group, Inc. Contract be transferred from Contingency to the Corrections budget to be encumbered and expended for the purpose of funding the Board approved in-house training program.



3. Fund: General Fund

Department: Corrections

Division: Detention

From: Contingency $ 25,200.00

To: Operating $ 25,200.00

Transfer #: 91-0388



4. Fund: General Fund

Department: Judicial

From: Contingency $ 42,106.00

Various Accounts $ 91,674.00

To: Various Accounts $133,780.00

Transfer #: 91-0392



Supplemental Agenda - Office of Management and Budget



1. Fund: General Fund

Department: Health & General Services

Division: Health & Human Services/Welfare

From: Operating Expenses $ 75,000.00

To: Operating Expenses $ 75,000.00

Transfer #: 91-0393



2. Fund: General Fund

Department: Executive Offices

Division: County Manager

From: Contingency $100,000.00

To: Operating Expenses $100,000.00

Transfer #: 91-0394



b. Approval of a resolution amending the general funds in order to receive unanticipated revenue, in the amount of $3,000.00.



c. Approval of a resolution amending the Transportation Trust Fund, in order to receive unanticipated revenue, in the amount of $100,000.00.



Health & General Services



Accounts Allowed/Ambulances-Hospital Districts



Request to encumber and expend funds, in the amount of $43,941.75, to reimburse Waterman Medical Center for the rechassis of ALS Unit #112 ($38,602.00) and computer equipment for the business office ($5,339.75).



Accounts Allowed/Public Health



Request authorization for payment of the monthly Medicaid Nursing Home bill, in the amount of $31,435.49, and the Medicaid Hospital bill, in the amount of $28,650.83, for the month of July.



Planning & Development



Accounts Allowed/Subdivisions



Request to release an Irrevocable Letter of Credit, in the amount of $28,827.40, for maintenance in Riverside Subdivision. (77 lots in District 5).



Rights-of-Way, Roads & Easements



Request to accept the following non-exclusive easement dedications for large lot waivers:



Jon M. Hall/Priscilla K. Hall -- District 4

Gerald R. Eulett - District 2

C. E. Smoak, Jr. -- District 2



Bonds - Mobile Homes



Request to cancel the following mobile home bonds:



James Granger -- Mt. Plymouth area -- District 4

William C. Miller -- Lake Unity area -- District 1

Barney Newbern -- Emeralda Island area -- District 5





Public Works/Deeds



Request to release the following Murphy Act State Road Reservation:



Deed No. 2829 -- Dolores L. Dunaway

Recommendation: Reserve 25 feet from centerline of

Sleepy Hollow Street



ADMINISTRATIVE SERVICES/BUDGET



Commr. Swartz discussed Tab 1, Page 5, regarding the request for approval of $6,309.00 to Otis Elevator Co./Maintenance for jail elevator and old courthouse elevators, and the request for approval of $6,593.76 to Miami Elevator Co./Maintenance for elevators in new courthouse. Mr. Jim Stivender, Director of Public Works, was present to explain the request.

Commr. Swartz questioned item 13 regarding $1,500.00 to Danforth Sound System/Blanket for public address system BCC meeting room, with staff presenting an explanation.

Commr. Swartz stated that, with as much computer and copier equipment that the County has in its possession, and all of the service agreements, he feels the County could hire someone to come into the system to keep and upgrade the equipment for less money.

Direction was given to Mr. Mike Anderson, Director of Capital Improvements, and Ms. Eleanor Anderson, Director of Administrative Services/Budget, to investigate this issue.

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

Budget Year: October 1, 1991 thru September 30, 1992
(4) Encumber Funds Previously Authorized:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Public Works -

P & F Maint.

Aratex Services Inc. /Blanket po for uniforms. Bid # 011-963-092 October 1, 1991 thru September 30, 1992. $ 2,184.00
(2) Public Works -

P & F Maint.

Clements-Classic Pest Control /Blanket po for pest control. Bid # 015-957-092 October 1, 1991 thru September 30, 1992. $ 3,720.00
(3) Planning -

Building & Zoning

Masters Communications /Blanket po for maintenance agreement. Bid # 046-958-091 October 1, 1991 thru September 30, 1992. $ 2,404.44
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Planning -

Building & Zoning

Xerox Corp. /Maintenance agreement Blanket po October 1, 1991 thru September 30, 1992. $ 1,068.00
(2) Public Works -

P & F Maint.

Lake Locksmith /Blanket po for keys, locks and key blanks October 1, 1991 thru September 30, 1992. $ 1,500.00
(3) Public Works -

P & F Maint.

ACR Supply /Blanket po for air condition parts and supplies October 1, 1991 thru September 30, 1992. $ 2,500.00
(4) Public Works -

P & F Maint.

D.A.B. Enterprises /Blanket po for signs October 1, 1991 thru September 30, 1992. $ 1,500.00
(5) Public Works -

P & F Maint.

Besco Electrical Supply Co. /Blanket po for electrical supplies October 1, 1991 thru September 30, 1992. $ 4,000.00
(6) Public Works -

P & F Maint.

Scottys Home Builders /Blanket po for materials and supplies October 1, 1991 thru September 30, 1992. $ 3,500.00
(7) Public Works -

P & F Maint.

Tavares Hardware /Blanket po for hardware and material October 1, 1991 thru September 30, 1992. $ 2,000.00
(8) Public Works -

P & F Maint.

Tavares Auto /Blanket po for parts and supplies, non-automotive, October 1, 1991 thru September 30, 1992. $ 1,500.00
(9) Public Works -

P & F Maint.

R & R Supply /Blanket po for air condition parts and supplies October 1, 1991 thru September 30, 1992. $ 1,500.00
(10) Public Works -

P & F Maint.

Leesburg Paint Co. /Blanket po for paint and supplies October 1, 1991 thru September 30, 1992. $ 4,500.00
(11) Public Works -

P & F Maint.

Otis Elevator Co. /Maintenance for jail elevator and old courthouse elevators October 1, 1991 thru September 30, 1992. $ 6,309.00
(12) Public Works -

P & F Maint.

Miami Elevator Co. /Maintenance for elevators in new courthouse October 1, 1991 thru September 30, 1992. $ 6,593.76
(13) Public Works -

P & F Maint.

Danforth Sound System /Blanket po for public address system BCC meeting room October 1, 1991 thru September 30, 1992. $ 1,500.00
(14) Public Works -

Special Svcs

Xerox Corp. /Maintenance for copier October 1, 1991 thru September 30, 1992. $ 2,603.00
(15) Public Works -

Engineering

Xerox Corp. /Maintenance for copier October 1, 1991 thru September 30, 1992. $ 1,584.00
(7) Lease of Office Space and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Public Works -

P & F Maint.

Tavares Assoc. /10 months lease October 1, 1991 thru July 31, 1992 for Tavares Tag Agent. $ 19,332.90
(2) Public Works -

P & F Maint.

Sunnyside Plaza /Lease for Clermont Tag Office October 1, 1991 thru September 30, 1992. $ 8,400.00
(3) Public Works -

P & F Maint.

Colonial Properties Inc. /Lease for Leesburg Tag Office October 1, 1991 thru September 30, 1992. $ 23,904.00
(4) Public Works -

P & F Maint.

Roberts Realtor /Lake Hill Plaza for Tag Office October 1, 1991 thru September 30, 1992. $ 20,400.00



(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) Public Works -

Parks/Facilities

Port-O-Let /Blanket PO for two (2) portable toilets at Marsh Park October 1, 1991 thru September 30, 1992. $ 1,200.00
(4) Encumber Funds Previously Authorized:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Public Works -

Road

American Asphalt, Asphalt Pavers & Asphalt Production /Blanket PO for asphalt October 1, 1991 thru September 30, 1992. Bid # 004-745-092. $ 40,000.00
(2) Public Works -

Road

Dixie Lime & Stone /Blanket PO for lime rock October 1, 1991 thru September 30, 1992. Road maintenance and repair. Bid # 003-618-092. $ 6,000.00
(3) Public Works -

Road

M.J. Stovala /Blanket PO for lime rock October 1, 1991 thru September 30, 1992. Maintenance Area III. Bid # 002-750-092. $ 4,000.00
(4) Public Works -

Road

Clements-Classic Pest Control /Blanket PO October 1, 1991 thru September 30, 1992 for Sign Shop, Public Works and Annex, and Fuel Pump Annex. Bid # 015-957-092. $ 1,020.00
(5) Public Works -

Road

Aratex Services /Uniform rental October 1, 1991 thru September 30, 1992. Blanket PO Leesburg Barn, Leesburg Vehicle Maint., Minneola Barn, and Umatilla Barn. Bid # 011-963-092. $ 14,742.00
(6) Public Works -

Parks and

Facilities

Aratex Service /Uniform rental October 1, 1991 thru September 30, 1992. Blanket PO Park Maintenance Crew. Bid # 011-963-092. $ 2,574.00
(7) Public Works -

Engineers

Aratex Service /Uniform rental October 1, 1991 thru September 30, 1992. Blanket PO Sign Shop, Survey Crew. Bid # 011-963-092. $ 3,978.00
(8) Public Works -

Sign Shop

Blue Bird Cleaning Service /Cleaning Sign Shop. Blanket PO October 1, 1991 thru September 30, 1992. $ 2,775.00
(9) Environmental

Services -

Soil and Water

Lake County Farm Bureau/ Blanket PO for rent October 1, 1991 thru September 30, 1992. $ 11,340.00
(10) Admin Services -

PIC

Emery Dillard, Jr. /Blanket PO for rent October 1, 1991 thru March 31, 1992. $ 6,267.48
(11) Public Defender Lake Warehousing and Development /Blanket PO for storage October 1, 1991 thru September 30, 1992. $ 2,556.00
(12) Sheriff Storesmore Inc. /Blanket PO for storage October 18, 1991 thru October 18, 1992. $ 2,400.00
(13) Sheriff Stowway /Blanket PO for space October 1, 1991 thru September 30, 1992. $ 7,200.00
(14) Sheriff Joseph H. Nolette /Blanket PO for space October 1, 1991 thru May 31, 1992. $ 17,305.60
(15) Sheriff Christopher C. Ford /Blanket PO for space October 1, 1991 thru September 30, 1992. $ 29,000.00
(5) Approve Other Payments and Encumber

Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Public Works -

Road

E.A. Mariani Asphalt /RC 70 (liquid asphalt). Blanket PO October 1, 1991 thru September 30, 1992. Road repair and maintenance. Sole source. $ 28,500.00

Approx.





COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER

Mr. Mike Anderson, acting in behalf of the County Manager, was present to discuss the request with the Board.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for Change Order #4 to Scheveling Construction Company, in the amount of $2,659.00 for the Woodlea Road Health Clinic.

ACCOUNTS ALLOWED/STATE AGENCIES/JAILS

Mr. Mike Anderson, acting in behalf of the County Manager, was present to discuss the request with the Board. Mr. Anderson stated that the request, in the amount of $5,178.43, includes Griner Consultants' fees.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request of a supplemental requisition for P.O. 58132 with Hellmuth, Obata & Kassabaum, for additional services required by St. Johns River Water Management District, for an increase of $5,178.43.

ENVIRONMENTAL SERVICES

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS

Mr. Don Findell, Director of Environmental Services, was present to discuss the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request and signature on FY 91-92 FDER Recycling Grant Agreement, in the amount of $287,507.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENT/GRANTS

ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, was present to discuss the request with the Board.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request and signature on FY 91-92 Florida Department of Environmental Regulation (FDER) Waste Tire Grant Agreement, in the amount of $95,016.00.



ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL

SERVICES

Mr. Don Findell, Director of Environmental Services, was present to discuss the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request and signature on FY 91-92 Florida Department of Community Affairs (FDCA) agreement for updating hazardous materials emergency plan, in the amount of $19,717.00.

HEALTH & GENERAL SERVICES

GRANTS/PUBLIC HEALTH/STATE AGENCIES

Mr. Lonnie Strickland, Director of Health and General Services, was present to discuss the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to rescind the Pretrial Release grant application under the Department of Community Affairs Anti-Drug Abuse Act grant program and reallocate those funds to the DARE and Genesis grant programs.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request for approval of the Interlocal Agreement between Lake County and Tavares Public Library and Cooper Memorial Library.

Discussion occurred regarding other cities coming into the County Library Program, and if funding is available. Mr. Al Thelen, County Manager, stated that there is no funding in place, but that monies could be transferred from another fund.

Ms. Nadine O'Conner, General Services Coordinator, appeared before the Board and discussed the meeting of the County Library Board. She stated that staff recommended a $10.00 or $11.00 per registered patron from the non-incorporated area, in order to stay within the same budget figures as last year.

Commr. Gregg discussed the monies being used from the General Fund to support only two libraries, and questioned the fairness and equity to other taxpayers in Lake County. He stated that, in the coming year, the Board needs to review this issue, and determine whether or not this is a good use for the overall taxpayers dollars.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the Interlocal Agreement between Lake County and Tavares Public Library and Cooper Memorial Library, as recommended by staff, with the budgeting proposal for reimbursement at the $11.00 per registered patron.

PLANNING & DEVELOPMENT

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Mr. John Swanson, Director of Planning and Development, was present to discuss the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for membership appointments to the Lake County Transportation Disadvantaged Coordinating Board, as follows:

Thomas Fernandez -- DOT representative

Terry Cain -- Alternate DOT representative

Mark Rehder -- HRS representative

Rose Balser -- Handicapped representative

Garth Phillips -- Alternate Labor and Employment

Security representative



CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request for approval and signature on the agreement between Lake County and Central Florida Investments, Inc. for future road access. At this time, Mr. Swanson discussed several sections of the agreement, and stated that this is the best agreement the County can get, in lieu of having an access road management ordinance.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request and signature

on the agreement with Lake County and Central Florida Investments, Inc. for future road access.

ACCOUNTS ALLOWED/GRANTS/PLANNING & DEVELOPMENT/RESOLUTIONS

Mr. John Swanson, Director of Planning and Development, was present to discuss the request. Mr. Swanson stated that the County's portion of funding will be in the amount of $5,848.00.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request of the Transportation Disadvantaged Commission FY 91-92 Grant application concerning planning related activities for the non-sponsored, in the amount of $17,543.00, and the resolution.

PLANNING & DEVELOPMENT/ORDINANCES

Ms. Patricia Mayhill, Planner III/Transportation, appeared before the Board to discuss the request to approve advertisement of the Access Management Ordinance. Ms. Mayhill stated that staff met with the cities, and local attorneys and engineers, in order to get their input on the issue. She stated that three cities did send written comments, which were incorporated into the proposed ordinance. At this time, she discussed the concerns of the cities, attorneys and engineers. She further stated that Leesburg, Tavares, and Eustis are very much in favor of the ordinance. Ms. Mayhill stated that the next step to take would be for the Board to hold public hearings.

Ms. Annette Star Lustgarten, County Attorney, stated that this issue will require two public hearings after 5 p.m., because the ordinance does affect the use of land.

Commr. Swartz suggested that, before the Board schedules the public hearings, a workshop be scheduled to review the changes and comments.

Commr. Gregg suggested that, if the proposed ordinance has not been presented to the Industrial Development Authority (IDA), he would like it submitted for review.

Commr. Swartz suggested sending out another notice to the cities, and others that have shown interest, in order that they know the scheduling of the hearings, and they can submit their comments to the Board, or staff.

Commr. Gregg requested that Ms. Ava Kronz, Assistant to the County Manager, contact the IDA to place this item on their agenda for the first meeting of next month.

PLANNING & DEVELOPMENT

Mr. Greg Stubbs, Program Manager for the preparation of the Land Development Regulations, appeared before the Board and presented a Land Development Regulations (LDR) Review Schedule. He also presented the Lake County Land Development Code for the Board's review. He stated that public hearings are anticipated for November, December, and January. Mr. Stubbs stated that the LDR Review Committee will meet on October 9, 1991, and meet every Wednesday. He further stated that a tentative meeting has been scheduled for the first week in November as a BCC Joint Workshop with the LDR Review Committee, Pollution Control Board, and Planning and Zoning Commission, with a presentation being made by Henigar and Ray, Inc.

Mr. Al Thelen, County Manager, stated that he formed the Committee last year to review the Solin & Associates, Inc. Handbook, and structured the Committee as a Technical Review Committee.

Discussion occurred regarding the purpose established for the Committee, with the Board expressing a desire to have a more representative group of members, but not eliminating the purpose of the Committee, which is to be a Technical Review Committee.

Commr. Bailey stated that he was not in favor of the development of another Committee, and that he would prefer to see the Board, along with the other staff of the various departments and consultants, work together in joint workshop meetings to expedite this issue.

Commr. Bailey suggested that the Board have a meeting on this issue before the joint workshops are scheduled.



Commr. Swartz stated that he did not feel that the membership on the Committee is representative of the people of Lake County who are going to have to rely on the land development regulations, and stated that he would not be able to support a review committee made up mostly of the development community.

Commr. Bakich suggested that the duplication of professionalism on the Committee list be eliminated, with the Commissioners offering names of individuals for consideration, and limiting the Committee to possibly ten (10) members.

Commr. Swartz stated that categories should be set up for the Technical Review Committee, and the County should advertise for solicitation of individuals who would like to serve in a special area of expertise.

Mr. Swanson stressed the need to keep to a time schedule, due to the fact that the LDR's need to be in place by February, with the predicate for the LDR's being the Comprehensive Plan. He suggested that the Committee continue to meet on a weekly basis, with the first meeting being October 9, 1991, and would add and welcome to the Committee any member to come in and participate.

Commr. Bakich suggested sending a letter to the cities, with the Chairman's signature, and, at the first meeting in October, a definitive list be made of those members who wish to serve on the Committee.

Mr. Thelen stated that he appointed the Committee for a staff review function, and not as a policy group to make recommendations to the Board.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to proceed with the Committee, as presented by Mr. Thelen, under the purpose that it was originally set up, which was for technical review and to advise the staff.

Commr. Swartz stated that he objects to the motion on the strongest terms, and will vote against the motion, because proper advertisement was not made for the development of the committee.

The Chairman called for a vote on the motion, which was carried by a 3-2 vote, with Commrs. Swartz and Bakich voting "no".

MEETINGS/MUNICIPALITIES

Mr. Al Thelen, County Manager, informed the Board that a meeting has been scheduled with the City of Lady Lake for September 23, 1991, at 7 p.m., to discuss the transportation impact fees.

SUPPLEMENTAL AGENDA

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with the Board.

No one present wished to discuss the request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to execute an agreement with Lucie T. LaRue on #3-1038 Bronson Road.

COUNTY ATTORNEY'S MATTERS

It was noted that the County Attorney had no issues to be brought to the Board's attention at this time.

COMMISSIONER BUSINESS

ACCOUNTS ALLOWED

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

RESOLUTIONS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved a proclamation declaring September 17-23, 1991, as "Constitution Week", as requested by Ms. Carol Skinner, Daughters of the American Revolution.

AMBULANCE-HOSPITAL DISTRICTS/PUBLIC HEALTH

Commr. Gregg discussed the uncompensated medical care given by Lake County Hospitals to Sumter County residents. He stated that the five million dollar shortfall is compensated by the taxpayers of Lake County through subsidizing in the charges of those who are

paying their bills. Commr. Gregg stated that he feels the Board needs to correspond with the Board in Sumter County and inform them of the amount of unpaid indigent care, and request them to take some action to care for the Sumter County residents.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to authorize the Chairman, in behalf of the Board, to send a letter to Sumter County informing them of the amounts indicated for uncompensated medical care, and request them to take some form of action to eliminate the problem that currently exists.

Commr. Swartz suggested that Commr. Gregg include sending the letter to the Legislative Delegation.

Commr. Gregg amended his motion to include the Legislative Delegation, with Commr. Hanson including this in her second to the motion.

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

COMMITTEES/CONTRACTS, LEASES & AGREEMENTS

Commr. Gregg discussed the action taken at the Industrial Development Authority meeting. He stated that the IDA needs a contract to present to the company in Chicago that is interested in purchasing property. He further stated that the Board had authorized the County Attorney to draft an agreement allowing the IDA to negotiate a purchase price, and that the IDA does not have a definite price to sell the property.

Ms. Annette Star Lustgarten, County Attorney, stated that she has the information that is being requested, in draft form, and that there are appraisals on the property, which will need to be adjusted to incorporate the infrastructure costs on the acreage figure.

Commr. Gregg stated that a copy of the draft form needs to be sent to the Chicago firm before the end of the month, so that they may review the language.

Discussion occurred regarding expediting the advertisement for bids, with Ms. Lustgarten indicating that the title search is being updated.

Commr. Gregg stated that the IDA discussed the Economic Development Administration (EDA) Grant, and the strict requirements of the grant.

It was noted that there is a meeting scheduled for Friday to discuss the proposed contract, and a meeting will be scheduled for discussion of the funding agreement.

Discussion occurred regarding the negotiations with Southern States Utility.

Commr. Bailey stated that the majority of the Tourist Development Council (TDC) members has expressed a desire to work with the IDA and EDC to develop a funding mechanism to provide infrastructure for the prospective industries.

Commr. Gregg suggested that the County Attorney prepare an agreement between the TDC and the IDA Boards, as to the participation and development of the property, and the reimbursement of funds to the TDC.

RECESS & REASSEMBLY

At 10:25 a.m., the Chairman announced that the Board would recess until the 11:00 a.m. public hearing.

COUNTY EMPLOYEES/COUNTY ATTORNEY

Ms. Lois Martin, Personnel Director, appeared before Board to answer any questions that the Board had regarding the evaluations of the County Attorney and the County Manager.

Commr. Gregg discussed his low rating of the County Attorney, and expressed his reasons, which consisted of not supplying necessary documents, including agreements and contracts, in a timely manner; the problems encountered with the vesting language involving the Wekiva; communication between her and the Board; and the request being made from her for staff expansion.

Commr. Bailey made brief comments, which consisted of an overall good performance. He stated that he did caution Ms.

Lustgarten about her budget, which he has also done with other department heads. He further stated that he would vote to renew her contract.

Commr. Swartz stated that he felt the Board needed to consider the workload given to the County Attorney and County Manager, in relationship to the amount of time it takes to react to the assignments. He stated the Board needs to consider its priorities and do a better job indicating these priorities to the County Attorney and County Manager. He then addressed the issue of the vesting language in the Comprehensive Plan, and stated that the Board signed off on this issue after complete review, and the Board needs to take the responsibility. At this time, Commr. Swartz commented that he felt the County Attorney is meeting the efficiency levels of the position.

Commr. Hanson stated that she agrees that Ms. Lustgarten is meeting the efficiency standards; that the workload should decrease, with the direction coming from the Board on a priority basis; and that her budget does need to be considered. She stated that she would vote to retain Ms. Lustgarten as County Attorney.

Commr. Bakich stated that his comments in his evaluation speaks for itself.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to accept the Board's evaluation, as meeting efficiency standards, and to include this in Ms. Lustgarten's personnel file.

COUNTY EMPLOYEES/COUNTY MANAGER

Discussion occurred regarding the Board's evaluation of the County Manager.

Commr. Hanson stated that it was unfortunate that there was such a delay in the evaluation from last year. She stated that the problems she has with Mr. Al Thelen, County Manager, come from more of a management level. She discussed concerns involving the financial review during the next year, and the evaluating of programs and projects for the County. Commr. Hanson indicated that she had confidence that Mr. Thelen could perform this task, but that there is a problem between the constitutional officers and Mr. Thelen, and that it may be difficult to get staff involved in the re-evaluation process. Commr. Hanson stated that his job performance has been excellent, but that the Board is changing strategy, which she feels will be difficult for Mr. Thelen.

Commr. Swartz stressed, once again, that the Board sets the policies and priorities, and gives direction to the staff. He indicated the importance of the Board interacting with the County Manager. He further expressed that shortcomings should be addressed and conveyed through the evaluation process, in order that the County Manager may take corrective action to resolve those problems. He went on to discuss the new jail facility, and the Board making the decision not to increase the millage. The County Manager presented a budget this year that proposed no increase in the millage, with him meeting the requirement and expectation of the Board. Commr. Swartz stated that he felt Mr. Thelen has also met other goals and expectations that the Board set. He discussed the negative comments being made, and stated that the evidence does not support them. Commr. Swartz stated that he has a great deal of confidence in Mr. Thelen's ability to lead the Board in its chosen direction, to more fiscal efficiency, because he has the experience and the knowledge.

Commr. Swartz stated that Mr. Thelen has the knowledge of the overall scheme of the incinerator issue, and to not retain him would be a shortsight. He further stated that the goal of the Board is to proceed to multi-year budgeting, and, once again, not to retain Mr. Thelen, based on his relationship with these two critical issues, would be very shortsighted, and not in the best interest of Lake County. Commr. Swartz stated that Mr. Thelen has reacted positively to meet the requirements that the majority of the Board set for him, and it would be a disservice to him, and the citizens of Lake County, to choose not to retain him as County Manager.

It was stressed by Commr. Gregg that this evaluation was not a personal attack, but the responsibility of the Board. He stated that he did not feel that the philosophy of the Board is being carried throughout County government. He indicated that his comments made in the evaluation are almost identical to the ones that he made at Mr. Thelen's last evaluation. He discussed problems that have been expressed to him regarding communication between staff and the public. At this time, he stated that he did not vote to retain Mr. Thelen as County Manager.

Commr. Bakich stated that he has a great deal of confidence in Mr. Thelen, and in his abilities and performance, and therefore, supports retaining him in the County Manager's position.

Commr. Bailey stated that the scheduling, and the time that the Board has had to debate key issues, and review background information, has been poor for the Board. He stated that he wants to see the County run more efficiently, and discussed the change in the attitude between staff and the private sector. He further stated that he would not vote to retain Mr. Thelen.

Commr. Gregg made a motion to terminate the employment of Mr. Al Thelen, County Manager.

The motion died for the lack of a second.

It was clarified that this is not an advertised public hearing, but a regular item on the Board's agenda.

Discussion occurred regarding whether or not the Board would hear public comments, with Commr. Gregg stating that he would still vote against retaining Mr. Thelen, even if the majority of the Board wanted to hear public comment.

It was the consensus of the Board that public comment would be heard at this time.

Mr. Dick Seron appeared before the Board to comment on the evaluation being made of the County Manager. He discussed the growth of the County and the demands being made on County government. He also discussed Federal requirements, which appear to be more sophisticated. Mr. Seron discussed the position of the Board, in relation to the County Manager and County Attorney, and the need for team work, and the fact that issues cannot be dealt with as they have been in the past. Mr. Seron stated that Mr. Thelen and Ms. Lustgarten are true professionals, and that the County, and the people of the County, will suffer if the Board fails to support professionalism.

Mr. Leonard Phillips, primarily representing Green Thumb Garden Center Corporation, appeared before the Board to comment on the positions of the County Manager and County Attorney. Mr. Phillips discussed the problem in Mt. Plymouth, in regards to Atlantic Avenue, and how Mr. Thelen and Ms. Lustgarten immediately resolved the issue of garbage being dumped onto his property. He stated that there were four issues that were immediately resolved by these individuals, and that the County needs to retain Mr. Thelen as County Manager.

Mr. Hubert Hartman appeared before the Board and stated that he sent a letter to the Board with financial statistics. Mr. Hartman stated that he has appeared before the Board, on other occasions, to discuss his property taxes, which the Board has indicated they will not increase. Mr. Hartman stated that his taxes have not been kept down, but have increased by 11% this year. He discussed the Board holding the millage rate down, and the procedures used to arrive at the millage rate. Mr. Hartman discussed the performance appraisals and stated that they indicate they are annual reports, but that the time period indicates five months. He further stated that the report on the County Manager indicate an 85-90% satisfactory performance, but that the Board is indicating that it lacks confidence in him. Mr. Hartman stated that, if the Board feels that the work performance in not satisfactory, the Board should not wait this period of time (five months to a year) to consult with the director.

Mr. Hartman discussed the ordinance on the control of solid waste, and the Comprehensive Plan, with the need for better and closer cooperation between the Board and the County Manager. He

stated that he would like to see the County stop some of the expenditures that the County can do without, and that he would appreciate his taxes being kept at the level of the Consumer Price Index (CPI).

Mr. Bob Newman appeared before the Board and stated that he agrees with Commr. Gregg and Commr. Bailey, that the County government is growing out of comparison with the County population. He discussed the "band-aid" budget presented by Mr. Thelen, and stated that he feels Mr. Thelen is totally against the taxpayers of Lake County.

The Chairman called for further public comment. There being no further comment, the public portion of the hearing was closed.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to terminate the employment with Mr. Al Thelen, County Manager; that he receive any accrued days that he has accumulated; that all terms of his contract be met; and that he receive anything else he is deserving of, in accordance with his contract.

Commr. Hanson commented that there would be no lack of professionalism, as mentioned earlier, and that the only special interest that she is considering is downsizing and being more realistic in the approach to government.

The Chairman called for a vote on the motion, which was carried by a 3-2 vote. Commrs. Swartz and Bakich voted "no".

RECESS & REASSEMBLY

At 12:08 p.m., the Chairman announced that the Board would recess.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to reconvene the meeting, in order to complete the business scheduled for 11:00 a.m.

COUNTY EMPLOYEES/COUNTY MANAGER

Discussion occurred regarding the termination date of the Mr. Thelen's contract.

Commr. Gregg clarified that, when he requested termination of employment, it would be immediately. He noted that there is severance pay due to Mr. Thelen, and would support and include in his motion that his termination be effective by the end of the week.

Ms. Lois Martin, Personnel Director, stated that this would not be necessary, unless the Board wanted him to be present until the end of the week. Otherwise the termination date, which would be appropriate, would be today.

It was clarified that the termination date would be September 10, 1991.

Commr. Swartz stated that he is concerned with the fact that the Board needs someone to be interim, or Acting County Manager.

Commr. Bailey suggested that Mr. Mike Anderson, Director of Capital Improvements, serve in this position.

Discussion occurred regarding placing the issue of appointing an iterim County Manager on the afternoon agenda for consideration.

Discussion continued regarding the termination date of the contract with Mr. Thelen.

Ms. Eleanor Anderson, Director of Administrative Services/Budget, appeared before the Board with a drafted termination agreement, which allows liquidated damages. She stated that the Board may wish to review this item before making a decision.

It was noted that the County Attorney's Office had not seen the document for review.

Commr. Swartz suggested that this item be placed on the agenda for the Board meeting next week, in order to determine what is appropriate under the terms of Mr. Thelen's contract.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved, on an interim basis, that Mr. Mike Anderson be designated as the Interim County Manager.

Under discussion, Commr. Bakich stated that he would not support the nomination, due to his position on the release of the County Manager.



The Chairman called for a vote on the motion, which was carried by a 4-1 vote. Commr. Bakich voted "no".

RECESS & REASSEMBLY

At 12:16 p.m, the Chairman announced that the Board would recess until 2:00 p.m., for the redistricting workshop.

PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, appeared before the Board and presented the three proposed Commissioner Districts, as requested earlier by the Board.

Mr. Mark Knight, Planner III, discussed proposals #5, #6, and #7, and the difference between the Eustis area in proposals #5 and #7. It was noted that #7 keeps from splitting the Eustis area.

Commr. Gregg stated that he has no problem with the modifications being made in District 1 (#7), with Commr. Hanson agreeing.

Discussion occurred regarding the population figures in the proposed districts.

Commr. Swartz stated that #7, even with the modification involving the census tract between District 1 and District 3, seems to be reasonable.

Mr. Tom Poole, National Association for the Advancement of Colored People (NAACP), appeared before the Board and stated that he has no real problem with the planning in Lake County, as it relates to the numbers in the districts. Mr. Poole stated that a plan will be received from Tallahassee, which he will review. Ms. Annette Star Lustgarten, County Attorney, stated that the Board does have quite a long time frame at this point in time, but if the Board has made a decision on the districts, legal descriptions will need to be developed based on those districts. A public hearing will need to be scheduled, at which the Board will adopt the districts. Those will need to be completed by the end of November. She stated that the Board may wish to meet with the School Board.

Discussion occurred regarding the time frame in which the Board wished to pursue, and the necessary advertising, in order that the public is well aware of the proposed boundaries.

Commr. Bakich suggested that staff post the necessary information at the city halls within the municipalities.

Commr. Swartz suggested that the notices also be posted in the public libraries, which indicates this is a proposed draft, and also indicate the public hearing date. This would be #7 with the modification.

Mr. Gene Molnar, Lake County School Board, appeared before the Board and stated that he would like to be able to take a copy of proposal #7 to the School Board meeting tonight.

Commr. Bailey discussed the calendar of the Board, and stated that the public hearing will be October 8, 1991, at 10:30 a.m., on the redistricting issue.

The Board requested that Board members be presented with the new proposed maps, with the new numbers, to review prior to the public hearing.

Mr. Poole suggested that the meeting be held later in the evening, in order that more of the public could attend.

At this time, the public hearing was scheduled for October 8, 1991, at 6:30 p.m.

Mr. Jim Stivender, Director of Public Works, discussed the writing of the legal description.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:50 p.m.



DONALD B. BAILEY, CHAIRMAN



ATTEST:





JAMES C. WATKINS, CLERK



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