The Lake County Board of County Commissioners met in regular session on Tuesday, January 5, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice-Chairman; Don Bailey; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; Barbara Lehman, Finance Director; and Toni M. Riggs, Deputy Clerk.

Reverend Jerry Little, Lake Square Presbyterian Church, gave the Invocation and led the Pledge of Allegiance.

MINUTES

Discussion occurred regarding the Minutes of December 8, 1992, Regular Meeting, with the following corrections being made:

Pages 13-14 - Clarification to be made that "they" will be sitting on the Technical Committee, as long as the Green Swamp District Office is located in this area.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of December 8, 1992, Regular Meeting, as corrected.

PERSONAL APPEARANCES

At this time, Commr. Swartz presented the following with plaques and bonds, and Ms. Le Koranteng, Personnel Manager, presented background information on each:

Presentation of Plaques to Employees with Five Years of Service

James R. Blackwell, Jr., Fire Lieutenant, Fire & Emergency Services/Fire-Rescue

Edward C. Genter, III., Fire Lieutenant, Fire & Emergency Services/Fire-Rescue (not present)

Robert Reymont, Emergency Management Coordinator, Fire & Emergency Services/Fire-Rescue

Presentation of Plaque and Bond to January Employee of the Month

D. Marie Galusha, Secretary II, Department of Community Services/Veterans Services Division.

Presentation of Plaque and Bond to 1992 Employee of the Year

Mike TerMeer, Maintenance Specialist I, Building Maintenance Services, Office of Facility and Capital Improvements.

Guest Awards

Presentation of plaque to Ms. Dayle Matthews for her years of service on the Lake County Library Board.

Presentation of plaque to Ms. Molly Bair for her years of service on the Lake County Library Board.

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit "A", and filed in the Clerical Support Division of the Clerk's Office.

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment, Case No. 89-1722CFA, Michael Allen, in the amount of $250.00.

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment, Case No. 87-1101-CJ, Heidi Christine Adkins and Marsha J. Adkins, in the amount of $50.00.

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment, Case No. 87-896-CJ, Mineett S. Allen and Lynette Powers, in the amount of $50.00.

Accounts Allowed/Assessments/Subdivisions

Request for approval of Satisfaction of Assessment Liens for the following:

Pine Island/Harbor Shores Unit II

Wilmer D. & Elizabeth Bell $485.31

Robert E. & Louise Carter 517.07

Highland Lakes Subdivision

Marshall H. Gaard, subject to an agreement for deed

in favor of Lyoyd & Sue Ellen Hawley $1,042.13

Marshall H. Gaard, subject to an agreement for deed

in favor of Lyoyd & Sue Ellen Hawley 1,042.13

Mount Plymouth

Ellis L. & Debbie Ann Jewell $613.39

Woodland Hills Subdivision/Piney Hills

James P. & Jean G. Carroll $230.22

Patricia F. Maroney $393.03

Lake Crescent View Development

Irving John Ladd $2,510.74

Mount Plymouth II

Thomas E. & Regena M. Roche $1,987.44

Wayne Road

Kenneth L. & Anita M. Carnes $968.71

Municipalities/Ordinances

Request to acknowledge receipt of Ordinance No. 92-22, from the City of Eustis, annexing a parcel of city owned land, at 209 Cardinal Street, into the corporate limits of the City of Eustis, Florida.

Municipalities/Ordinances

Request to acknowledge receipt of Ordinance No. 92-24, from the City of Eustis, annexing Sumter Electric Cooperative, Inc. property into the corporate limits of the City of Eustis, Florida.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, informed the Board that Tab 9 is authorizing the advertising to vacate the conservation easement on a lot in the Wekiva River Protection Ordinance area. Also on Tab 21, he clarified that staff is recommending that the Selection Committee consist of a commissioner; himself; Jim Stivender; Don Griffey; and Mark Knight.

Commr. Swartz recommended that Commr. Cadwell serve on the Selection Committee.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests, including the appointment of Commr. Cadwell to the Selection Committee (Tab 21), and the clarification on Tab 9, by the County Manager:

Accounts Allowed/Budget Transfers

Budget transfers, as follows:

Fiscal Year 1991/92

1. Fund: County Sales Tax Revenue

Department: Capital Improvements

From: Special Reserve $209,267.00

To: Transfer-Sales Tax Debt $209,267.00

Transfer #: 92-0341

Fiscal Year 1992/93

1. Fund: County Library System

Department: Community Services

From: Operating Expenses $ 13,421.00

To: Operating Expenses $ 13,421.00

Transfer #: 93-0044

2. Fund: General

Department: Community Services

From: Grants & Aid $ 3,746.00

To: Operating Expenses $ 3,746.00

Transfer #: 93-0048

3. Fund: Sales Tax Capital Projects

Department: Office of Facilities & Capital

From: Capital Outlay $120,000.00

To: Capital Outlay $120,000.00

Transfer #: 93-0038

4. Fund: Landfill Enterprise

Department: Public Services

Division: Solid Waste Management

From: Special Reserve $289,000.00

To: Operating Expenses $289,000.00

Transfer #: 93-0051

5. Fund: County Transportation Trust

Department: Public Services

Division: Road Operations

From: Operating Expenses $ 27,400.00

To: Operating Expenses $ 27,400.00

Transfer #: 93-0047

Accounts Allowed/Jails/Grants/Resolutions

Request to approve a resolution requesting that the Commissary Trust Fund be amended in order to receive $14,584.00 in unanticipated revenue received from auxiliary funds of the Canteen/Vending Machines located in the jail facility, to be used as matching funds for the Genesis Grant.

Game & Fresh Water Fish Commission/Resolutions

Request to approve a resolution requesting the Florida Game and Fresh Water Fish Commission to establish a bird sanctuary in the Royal Trails area.

Committees/Community Services

Request to approve local recipient organizations awarded funding by the local Federal Emergency Management Agency (FEMA) Board.

Reports/Public Health

Request to acknowledge receipt of the County Public Health Unit (CPHU) Activities and Expenditures Report for 1991-92.

Appointments-Resignations/Committees/Libraries/Municipalities

Request to approve the appointment of Ms. Sue Carroll Hankins to the Lake County Library Board to represent the Lady Lake Public Library.

Contracts, Leases & Agreements/Communications

Request to acknowledge receipt of the new pricing structure for Cablevision of Central Florida and Lake County Cablevision, effective January 1, 1993.

County Employees

Request to approve the following certificates for employees with one year of service:

Wendy M. Herrman, Records Clerk, Corrections/Jail/Operations

Anthony Hornsby, Corrections Officer Corrections/Security

James Martin, Traffic Safety Engineer, Public Services/Engineering

David J. Mass, Corrections Officer, Corrections/Security

Robert McCullough, Energy Operations Manager, Facilities & Capital Improvements/Facilities Management

Eric Wimberly, Corrections Officer, Corrections/Security

Request to approve the following Certificates for employees with three years of service:

Eleanor B. Anderson, Budget Director, Office of Budget

Ray O. Andrews, Corrections Officer, Corrections/Security

Harryette J. Hannah, Geographic Data Technician, Deputy County Manager/Information Systems

Robert A. Johnson, Design/Graphics, Public Services/Engineering

Kathleen L. Padgett, Building & Zoning Technician, Planning & Development/One Stop Permitting

Rodney L. Reams, Corrections Officer, Corrections/Security

Planning & Development/Ordinances

Request to approve advertising to vacate a conservation easement on a lot in the Wekiva River Protection Ordinance area.

Accounts Allowed/Bonds/Subdivisions

Request to approve the release of a maintenance bond, in the amount of $7,800.00, for Lake Thomas Cove Estates.

Accounts Allowed/Bonds/Subdivisions

Request to approve the release of a maintenance bond, in the amount of $8,000.00, for Cherith Hill.

Accounts Allowed/Subdivisions

Request to approve the release of an Irrevocable Letter of Credit, in the amount of $3,400.00, for maintenance in Green Meadow Subdivision.

Accounts Allowed/Subdivisions

Request to approve the release of an Irrevocable Letter of Credit, in the amount of $13,400.00, for maintenance in Fountain Lake Subdivision.

Roads-County & State/Subdivisions/Resolutions

Request to approve final plat of Rose Hill, Phase III; accept a Standby Irrevocable Letter of Credit; and accept the following roads into the County maintenance system:

Rose Hill Drive extension (2-0838)

Regal Drive (2-0839)

Planning & Development/Subdivisions

Request to approve the final plat of Osprey Heights, Phase 1A.

Accounts Allowed/Subdivisions/Resolutions

Request to approve the release of an Irrevocable Standby Letter of Credit, in the amount of $19,863.50, for maintenance in Sundance Ridge.

Accounts Allowed/Subdivisions

Request to approve the release of an Irrevocable Letter of Credit, in the amount of $15,200.00, for maintenance in Quail Pointe at Silver Lake.

Accounts Allowed/Bonds/Subdivisions

Request to approve the release of a Certificate of Deposit, in the amount of $3,762.00, in lieu of a maintenance bond for Somerset Place Subdivision.

Bonds - Mobile Home

Request to approve the renewal of the mobile home bond for Robert Perdue - MB 1-92-1 - Fruitland Park area - District #5.

Bonds - Mobile Home

Request to approve the routine cancellation of the following mobile home bonds:

C. Bell MB7-90-25

J. Carelock MB9-90-30

C. Chastatin MB7-90-26

M. Fashaw MB11-84-78

R. Flynn MB3-91-6

J. Granger MB5-92-6

G. Lamb MB3-91-3

S. Lilley MB10-92-22

D. Pinter MB4-90-17

C. Salai MB5-92-5

L. Wright MB9-88-17

Appointments-Resignations/Committees/Public Services

Request to approve the advertising for Professional Services and to approve to appoint a Selection Committee to rate and qualify prospective firms to utilize a Global Positioning System in establishing survey control points countywide.

Contracts, Leases & Agreements/Landfills/Public Services

Request to approve and authorize signature on Release and Assignment for final settlement with Florida Garbage Service.

Roads-County & State/Resolutions

Request to approve to accept #4-4680 Sunrise Boulevard into the County Road Maintenance System.

Roads-County & State/Public Services

Request to approve the acceptance of the maintenance map on Thomas Avenue #1-5106.

Roads-County & State/Signs/Resolutions

Request to approve and authorize the installation of a stop sign on Mt. Vernon Ct. (4-5466A) where it intersects with Berkshire Dr. (4-5466) and on Berkshire Dr. (4-5466) where it intersects with Oak Hill Ct. (4-5467A).

Roads-County & State/Signs/Resolutions/Municipalities

Request to approve the posting of speed limit signs east of Eustis, as follows:

Berkshire Dr. 4-5466 20 mph

Mt. Vernon Ct. 4-5466A 25 mph

Oak Hill Ct. 4-5467A 20 mph

Jefferis Ct. 4-5467 25 mph

Kentucky Blvd. 4-5468A 25 mph

S. Ohio Blvd. 4-5468 25 mph

Highland Dr. 4-5470 25 mph

Sharp Ct. 4-5469 25 mph

Main Ave. 4-5569A 25 mph

Main St. 4-5569C 25 mph

Rockport St. 4-5569B 25 mph

Portland St. 4-5569 25 mph

Ohio Blvd. 4-5568 25 mph

Bryant St. 4-5568B 25 mph

Cornelia Dr. 4-5568A 25 mph

Roads-County & State/Signs/Resolutions/Municipalities

Request to approve the posting of speed limit signs in the Grand Island area and north of S.R. 44, as follows:

Yale Circle 5-7043 35 mph

Fish Camp Rd. 5-6847 30 mph

Fish Camp Rd. 5-6847 35 mph

Apiary Rd. 5-6745 20 mph

Apiary Rd. 5-6745 40 mph

South Fish Camp Rd. 5-6549 35 mph

Lake Yale Pl. 5-6749 35 mph

Donovan Ln. 5-6649 25 mph

Sugarsand Rd. 5-6545 30 mph

Grand Terrace Dr. 5-6347B 25 mph

Terra Ct. 5-6347C 20 mph

Denvinshire Ct. 5-6447 20 mph

Berkshire Ct. 5-6347 20 mph

Brendenshire Ct. 5-6347A 20 mph

Bristol Cir. 5-6347E 20 mph

Stratford Ct. 5-6347D 20 mph

Ashley Ct. 5-6347F 20 mph

Jefferson St. 5-6448 20 mph

Adams St. 5-6348 20 mph

Sundance Dr. 5-6651 25 mph

Winterdale Dr. 5-6651B 25 mph

Golden View Dr. 5-6651A 25 mph

Raintree Bv. 5-6652 25 mph

Sparrow Ln. 5-6551 20 mph

Lake Yale Dr. 5-6652A 25 mph

Deeds/Road Projects

Request to accept the following Statutory Warranty Deeds and Quit Claim Deed:

For Road Projects

Robert J. Spector and Carol B. Spector

Statutory Warranty Deed

South Landfill #1-6903

Robert W. LeFrancois and Elearnore L. LeFrancois

Statutory Warranty Deed

South Landfill #1-6903

Robert E. Jones, Trustee

Statutory Warranty Deed

French #5-7612

WPB Properties, Inc.

Quit Claim Deed

Round Lake #4-4183

Deeds/Roads-County & State/Rights-of-Way, Roads & Easements

Request to accept the following Statutory Warranty Deeds:

Minor Lot Split

Lowell A. Rozar and Shirley Rozar

Crawford Rd. #2-1403

Robert L. Cole and Linda M. Cole

Adair Ave. #4-3987

Eugene B. Waszak and Rosalie B. Waszak

Florida Boys Ranch Rd. #2-0729

Loretta Pauline Daugherty, a single woman, road right-of-way deeds/easement for Orange Blossom Rd. #3-2831

James P. Turner III and Darlene C. Turner

CR 561

Wilford Cashwell and Betty Cashwell

CR 561

Henry E. Weatherspoon and Gloria A. Weatherspoon

Church Street #5-7265

Site Plan

Clermont Congregation of Jehovah's Witnesses, Inc.

N. Grassy Lake Rd. #2-1944

Deeds/Roads-County & State

Request to accept the following Statutory Warranty Deed:

Rezoning Case #35-92-1:

John B. Shaw

Pioneer Trail #2-4807B

Deeds/Roads-County & State

Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:

Deed No. 145 - Patricia R. Mueller - Carlton Village Sub.,

Twp. 18 S., Rng. 24 E. - Reserve 25 ft. from centerline

on Elm St. #5-7710A, and reserve 25 ft. from centerline on Parkinsonia St. #5-7710.

Deed No. 2127 - Charles and Linda Austin (lot 3);

Delores Morrow (Lots 1 & 2) - City of Groveland -

Reserve 30 ft. from centerline of both Ohio Ave.

and Swanson St., per City Manager, Groveland; also

reserve 33 ft. from centerline of Anderson St. #2-1317.

Deed No. 1647 - Glenn A. Drennen and Debra L. Drennen,

Hannum Heights Topside Subdivision, City of Eustis -

Reserve 40 ft. from centerline on East Crooked Lake

Drive, and reserve 25 ft. from centerline on Highland

Ave., per City Manager, Michael G. Stearman.

Deed No. 1124 - Paul E. Harris and Martha B. Harris,

Lake Franklin Park Sub., Mt. Dora - Reserve 40 ft. from

centerline on C-46, and reserve 25 ft. from centerline

on Lake Franklin Drive.

Accounts Allowed/Purchasing

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

(A) Specifications

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(3) Public Serv. Authorization to seek $250,000.00

Road Division bids and approve specif-

ications for two or more

Hydraulic Graders. Bid

#035-760-093.$250,000.00

(B) Award Bids and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(E) Approve Other Payments and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(F) Approve Services That Do Not Require Bids

or Quotes and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(H) Chairman's Signature and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(I) Chairman's Signature

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

CITIZEN QUESTIONS AND COMMENT PERIOD

Commr. Swartz stated that anyone wishing to make a comment, or ask a question, was welcome to come before the Board, at this time. He did caution that, if there is an item that would possibly be appearing before the Board at a future date in a public hearing, the Board would not accept comment on the issue.

Mr. Tom Neumayer, Tavares, appeared before the Board and stated that the nature of his comments concerned quality of government.

Commr. Swartz stated that, if Mr. Neumayer was going to get into any issues of personnel or employment matters, he would need to deal with those issues through the appropriate area, and that he did not want this Board to get into dealing with an issue that it is not able to discuss generally, and if it came before this Board at a future time, the Board needed to be in an appropriate public hearing.

Mr. Neumayer stated that his questions would be related to fiscal issues. The first issue he discussed was the floating holiday that was given to the County employees during the Christmas

and New Year holidays. He stated that the reorganization made November 17, 1992, was based primarily on saving money and being cost conscious in government. He questioned whether the County Manager provided the Board with any fiscal impact data before requesting the floating holiday, and if not, did any of the Board members request fiscal impact data.

Commr. Swartz addressed the issue and stated that this was not the first year that a floating holiday was given to the employees, and that he did not know if a fiscal impact statement was provided to the Board any time during the past few years. He stated that, in this instance, the County Manager did reaffirm that this has been the County policy over the last few years.

Mr. Pete Wahl, County Manager, stated that a fiscal impact analysis was not done, and that it was consistent with prior Board policy, and is consistent with other governmental agencies.

Mr. Neumayer stated that two weeks prior to today, absolute fiscal conservatism, on the part of the Board, were given, and he questioned whether the Board had considered the approximate $40,000.00 impact, which the non-productive hours had on the County, with Commr. Swartz responding "no" in those specific terms.

Mr. Neumayer discussed a letter he had submitted to the Board members, on December 21, 1992, requesting public documents, and stated that he has not received a reply.

Commr. Swartz stated that the letter he received was turned over to the County Manager, and he discussed it with him.

Mr. Wahl stated that he has not responded in writing to Mr. Neumayer's request. He further stated that he has responded to previous requests for public documents, and will be responding to his current letter by the end of the week.

Mr. Neumayer indicated that his focus is on fiscal concern, and Commr. Swartz indicated that his position is not to provide a forum that is otherwise provided through the County's personnel rules and policies. Commr. Swartz further indicated that he will be taking the most conservative approach to say that, if there is

any question Mr. Neumayer is getting into his own particular personnel situation, he will suggest that it not be brought to the Board. He then cautioned him that he did not want to get into specific personnel issues.

Commr. Swartz stated that there are personnel policies and rules, and Mr. Neumayer stated that they were not being followed.

Commr. Swartz suggested that these issues be presented in a letter to him and the Board, and to the County Manager and County Attorney, and they will be reviewed to assure that those County rules and policies are being observed and followed.

Mr. Neumayer questioned whether this would be a commitment from the Board, which Commr. Swartz stated it would be a standard commitment. Mr. Neumayer questioned whether the Board would revisit those policies that have not been followed in certain instances. Commr. Swartz stated that, if there are issues that need to be visited by the Board, they will be taken up at the appropriate times and in the appropriate manners. He once again suggested that Mr. Neumayer present to him, along with the Board members, County Manager and County Attorney, any comments which deal with these issues in writing.

Mr. Neumayer stated that, although his comments are personnel related, they are specifically targeting the utilization of dollars inappropriately.

Discussion occurred regarding the purpose of this public forum being to secure public comment, or issues that need to be examined by the Board. Commr. Swartz suggested that, to separate some of the issues of personnel, and what may be his concerns about how dollars are spent, he may now follow this up with specific information being presented to the Board. This would eliminate issues that would be personnel related, which Commr. Swartz stated was not the purpose of this forum, and that he did not want to prejudice any action regarding any personnel matters by this Board discussing it, and what would be an inappropriate forum.

Mr. Neumayer questioned whether he would receive a response in the next couple of weeks, if he presented his information in writing to the Board within the next couple of days.

Commr. Swartz stated that the issues will be taken up in as much of a timely manner as possible and reasonable.

PUBLIC HEARINGS/TIMES CERTAIN

ASSESSMENTS/ROAD PROJECTS

Mr. Pete Wahl, County Manager, informed the Board that the 10:00 a.m. public hearing on SA-74 Coyote Pass Special Assessment Lump Sum Construction to Superior Asphalt, Inc., has been rescheduled to February 2, 1993, due to advertising requirements, and that no action was needed by the Board, at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

LIBRARIES/ORDINANCES

Discussion occurred regarding the County Attorney drafting and advertising an amendment to Ordinance 1991-2, which established the Countywide Library Service. It was noted that the amendments were reviewed by the Library Board and were being recommended to this Board.

Commr. Cadwell suggested that the participating cities receive a copy of the amendments, with Ms. Annette Star Lustgarten, County Attorney, stating that, once the ordinance is in final draft, it will be distributed to those cities.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved for the County Attorney to draft and to advertise the amendments to Ordinance 1991-2, which established Countywide Library Service.

ACCOUNTS ALLOWED/COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

Mr. Pete Wahl, County Manager, stated that Mr. Bob McKee, Assistant County Manager, and Mr. Bruce Thorburn, Emergency 911 Coordinator, were here today to make a presentation, if the Board so desired, on the proposed plans relating to the Lake County telephone network. Mr. Wahl stated that staff was recommending

approval of the request, subject to final review and approval of the Purchase Agreement by the County Attorney.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved to purchase telephone switch, fiber optic hardware, and telecommunications wiring, in the amount of $154,232.38, subject to final review of the Purchase Agreement by the County Attorney.

MEETINGS/PLANNING & DEVELOPMENT SERVICES/PUBLIC SERVICES

Mr. Pete Wahl, County Manager, discussed the request for the Board to schedule a workshop for February 2, 1993, for the consultant, Camp, Dresser and McKee (CDM), and staff to update the Board on the status of the Stormwater Needs Assessment (SNA). He stated that the request had incorporated a cost not to exceed $5,000.00. After further discussions with CDM, and for this initial workshop, they will provide this at no cost. Mr. Wahl stated that the Board will be provided with an executive summary and a list of options, alternatives and issues that need to be addressed at the workshop.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to schedule a workshop for February 2, 1993, at 2:00 p.m., for the consultant, CDM, and staff to update the Board on the status of the Stormwater Needs Assessment (SNA), at no additional cost.

CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS/PUBLIC SERVICES

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to execute the Interlocal Agreement between Lake County and the Imperial Terrace West Homeowners Association for Provision of Street Lighting Services, as presented by the County Attorney.

Mr. Charles Jacobs, Fruitland Park, appeared before the Board and asked questions regarding the installation of the lights, and the monthly light bill. He stated that the homeowners where he lives are interested in such an arrangement, and requested names of individuals for him to contact on this subject.

Mr. Pete Wahl, County Manager, stated that Mr. Jacobs could contact Mr. Jim Stivender, Director of Public Services, to establish such an arrangement for services in his area.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to accept and execute Change Order Number 2 to Project No. 10-92 Independence Blvd./American Way, in the amount of $217,079.82, as presented by the County Manager. It was noted that the change order consists of the addition of Freedom's Way.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

ACCOUNTS ALLOWED/BONDS/SUBDIVISIONS/RESOLUTIONS

PLANNING & DEVELOPMENT

Mr. Pete Wahl, County Manager, informed the Board that the requests on the addendum, for two final plat approvals, needed to be expedited through the process, and therefore, he recommended approval of the requests, subject to final review and approval by the County Attorney.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the final plat of The Oranges, Phase II; accepted a maintenance bond in the amount of $23,000.00; and accepted the following roads into the County maintenance system: extension of Eryn Boulevard (2-0943); Mandarin Drive (2-0943B); Mandarin Court (2-0943C); and Eryn Court (2-0943D), all being subject to final review by the County Attorney.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the final plat of Plantation at Leesburg, Tara View and accepted an Irrevocable Letter of Credit in the amount of $529,286.00, all being subject to final review by the County Attorney.

COUNTY EMPLOYEES/AGRICULTURE CENTER

Mr. Pete Wahl, County Manager, introduced Mr. Russ Giesy, Director for the Agriculture Extension Service. At this time, Mr. Giesy presented brief comments, and encouraged the use of services available at the agency.

MEETINGS/FIRE PROTECTION

Mr. Pete Wahl informed the Board that the Fire Study Workshop will be held on January 19, 1993, at 2:00 p.m.

ASSESSMENTS/ROAD PROJECTS (CONTINUED)

Mr. Pete Wahl, County Manager stated that SA-74 Coyote Pass special assessment was advertised, but that staff has not been able to provide the property owners with the registered notices, as required. Mr. Wahl stated that the Board will need to convene at 10:00 a.m., and postpone this issue until February 2, 1993.

It was noted that no one present wanted to comment on this issue, at this time.

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, discussed the request for payment of $306.00, in the State of Florida vs. Robert Ward, and recommended approval of the costs.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the payment of $306.00, State of Florida vs. Robert Ward, as recommended by the County Attorney.

PLANNING & DEVELOPMENT/STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, advised the Board that a conference call was held yesterday with the Department of Community Affairs (DCA), with an agreement being established on the three remaining issues that were still unresolved. Those issues included the water and wastewater facilities in the south region of Lake County; the activity based uses in the rural and core conservation areas; and the Class Three construction and debris landfills. She stated that they came to an agreement, and staff is drafting the proposed language, which will be submitted to DCA by Thursday. She further stated that she is anticipating that the language agreed upon will be acceptable, and the Settlement

Agreement will be brought to the Board, assuming DCA signs off on the language, at the January 26, 1993 meeting.

Ms. Lustgarten stated that the City of Eustis is an intervener in the Administrative Hearing process, and she has met with Mr. Mike Stearman, City Manager of Eustis, and Mr. Lewis Stone, Attorney representing the City of Eustis, regarding changes that the City of Eustis has requested in the past, and during the time of negotiations. She stated that the Board will be presented with the final language before any action is taken. The last draft of the agreement, which was presented to the Board, was dated December 16, 1992, which DCA has effectively agreed upon. Ms. Lustgarten stated that, once the language is transmitted to DCA, a request will be made for a response in writing that this is the agreed upon language.

The Board members extended their appreciation to Ms. Lustgarten and staff for their efforts made in their communication with DCA.

Ms. Lustgarten stated that all interveners in this issue have been kept informed of all language changes made through the process of negotiations.

Mr. Lewis Stone, Attorney representing the City of Eustis, appeared before the Board and stated that the City is an intervener in the suit with DCA. He discussed the meetings he attended in Tallahassee with the other interveners, DCA, and the County Attorney and staff, in which he tried to resolve difficulties that the City had with this issue. Mr. Stone stated that the City presented its requests for changes at the first meeting in Tallahassee, to DCA, the County Attorney, and all of the interveners, and no one indicated having a problem with any of them. After attending a second meeting in Tallahassee, they questioned his presence, and reiterated that the changes were okay, but he told them that the changes had not been made. At that point in time, a concrete format was made, after presenting maps and information, which all parties involved have had for approximately

one year. Mr. Stone stated that he feels the County is negotiating just with DCA, and to the extent that an intervener, such as the City of Eustis, is being told that it will be dealt with some time in the future, after this matter has been settled with DCA, and on a subsequent submittal, or amendment to the Comprehensive Plan. He stated that, unless the City receives some grace from the Board, the requests from the City will not be submitted at the same time that the Settlement Agreement with DCA is submitted. Mr. Stone stated that, if the changes the City has presented are okay, he was requesting that they be submitted at the same time, or if there are problems with those changes, then they need to be addressed.

At this time, Mr. Stone commended Ms. Lustgarten for her accomplishments on the issues that have been addressed with DCA.

Commr. Swartz expressed that the comments made by Mr. Stone were contrary to some of the meetings that the Board had with Mr. Jake Varn, Carlton, Fields, Ward, Emanuel, Smith & Cuttler, and the Board members did agree that there were issues that were presented by the City of Eustis that needed to be dealt with, but that it was the Board's intention to principly deal with DCA to resolve the Comprehensive Plan dispute, and then come back and review other issues.

Mr. Wahl stated that the indication given by outside counsel, and the Board, was that the issues presented by the cities needed to be dealt with in a Land Use Plan Amendment, and would be incorporated, once the major issue of the Comprehensive Plan Stipulated Settlement with DCA was resolved.

Commr. Bailey stated that he felt that the comments made by Commr. Swartz were consistent with what the Board has indicated all along.

Commr. Swartz stated that there is a real substance of issues that need to be discussed, but there is not enough time to address them in the proper manner. He then discussed the interlocal agreements with the cities that have not been properly implemented, and stated that the Board needs to comprehensively look at all of

the cities, as to where the utilities are being provided, and where each city is proposing to provide them, and determine if those areas are consistent with the County's idea of urban, or urban expansion, and then address the Land Use Map.

Mr. Stone stressed, once again, that the City of Eustis is an intervener in this case, and the City would be more appeased, if the Board would commit to entering into an agreement with the City some time in the future.

Commr. Swartz stated that there may be other interveners who probably object to other portions of the Comprehensive Plan that is presently being considered, and stated, once again, that he did not feel that there was enough time for the Board to address all of the areas of concern and make the needed adjustments.

PUBLIC HEARINGS/TIMES CERTAIN

ASSESSMENTS/ROAD PROJECTS

At 10:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on SA-74 Coyote Pass Special Assessment lump sum construction to Superior Asphalt, Inc.

No one present wished to comment on this issue.

Mr. Pete Wahl, County Manager, stated that the public hearing will be rescheduled to February 2, 1993, at 9:00 a.m., or as soon thereafter as possible.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the rescheduling of SA-74 Coyote Pass to February 2, 1993, at 9:00 a.m., or as soon thereafter as possible.

PLANNING & DEVELOPMENT/STATE AGENCIES (CONTINUED)

Ms. Annette Star Lustgarten, County Attorney, discussed the time frame, in relation to the amendments to the Comprehensive Plan, and stated that the Board is in the first phase of its twice-a-year amendment process, and she is recommending that the Board meet in workshops to initiate any amendments that need to be processed in this first amendment period of time. The first public hearing will be at the Planning and Zoning Commission meeting the

last week in February, at which time any County initiated amendments will be heard, and will then come to the Board in March. She was of the understanding that it is the intent of the Board to deal with the proposed uses changes in the first time period.

Commr. Hanson stated that she was concerned with the time frame involved in trying to resolve the issues with the County.

Mr. Stone stated that one of problems with the City of Eustis is the case with DCA vs. the City of Eustis. This case is being continued, because the City does not want to complete its Comprehensive Plan, until it knows how it will be affected by the County's Plan. He further stated that it was his understanding that the Board was indicating that the City needs to take all procedural steps necessary to stay active as an intervener, and to object to do the things that are necessary, so that the City has not waived any of its rights in where it is with this particular piece of litigation, on something that the City has never once been told is a problem, or if it was a problem, how it should be considered.

Commr. Swartz stated that the Board has never dealt

substantively with any of the City's issues.

Commr. Cadwell discussed the possibility of the Board resolving an issue, such as this, with a stipulated agreement.

Commr. Swartz stated that the Board never dealt with any of the specific items presented by the City, which were principly the designation of land use in a joint planning area.

Commr. Swartz discussed whether the Board, between now and trying to get closure by the end of the month on the issues that have been discussed relative to DCA's objections to the County's Plan, wanted to add the issues presented by the intervener, the City of Eustis.

Commr. Hanson stated that she did not want the Board to do anything that would delay the closure on January 26, 1993. She stated that Mr. Mark Knight, Principal Planner, and Ms. Lustgarten, could be addressing the issues that have been presented by the City

of Eustis, as a Land Use Amendment. She further stated that she did not see how the Board could effectively address the concerns from the City in this short of a time period.

Ms. Lustgarten stated that her memorandum dated December 24, 1992, sets out the need for the Board to discuss any County initiated amendments, with the County being on a very tight time frame. The schedule contemplates the public hearing before the Planning and Zoning Commission on Comprehensive Plan amendments on February 24, 1993, sitting as the Local Planning Agency (LPA), and transmittal of the Comprehensive Plan amendments to the DCA by the Board on March 23, 1993. She suggested that the Board may wish to sit in workshop sessions to discuss the types of changes the Board may wish to initiate, so that staff may proceed and be ready for the meeting in February.

The Board members discussed meeting on January 12, 1993, at 9:00 a.m., for a workshop.

Mr. Wahl stated that the cities may wish to reduce the issues that they would like to see incorporated, and convey that to Mr. Knight, in order that they be addressed.

Commr. Swartz stated that a workshop will be scheduled for January 12, 1993, at 9:00 a.m., dealing with staff on the consideration of proposed Comprehensive Plan changes through the amendment process.

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County has had two lawsuits filed against it. One is a personal injury claim regarding an accident that occurred on March 6, 1992, on County Road 44, Miller vs. Lake County. This has been forwarded to the County's outside counsel that handles personal injury suits.

The second suit was filed by Mr. Dick Langley, on behalf of a number of residents of Lake County vs. The Water Authority and Lake County, in relation to the ad valorem taxation that the Water Authority imposes for acquisition of property. This suit will be

handled in-house, with a correct response being to dismiss the County, due to the County not being an appropriate party to the suit.

COMMISSIONER'S BUSINESS

COMMUNICATIONS/UTILITIES

Commr. Hanson discussed a petition received from the residents of east Lake County requesting that the Board consider passing a resolution petitioning the Public Service Commission for an extended service area, to include the 407 area code and exchanges within the Sanford area.

Ms. Annette Star Lustgarten, County Attorney, stated that, in order to obtain extended area service from a particular exchange, there are three methods available, as follows: 1) a petition signed by at least 5% of the subscribers in a particular telephone exchange from which the petition originated; 2) a petitioner request, or resolution, by the local governing board to establish that extended area service; and 3) a proposal by the telephone company itself. She stated that the County received a petition from residents, but that the Board does not have a item to act on today. She further stated that this is a matter of how, or if, the Board wishes to initiate the process, in behalf of those residents, or if the Board wishes to have them proceed, as required by the rules.

Discussion occurred regarding the County, or the subscribers, requesting a survey to be done by the Public Service Commission to consider the extension of service. Ms. Lustgarten stated that the County would be filing the application for the necessary procedure. She further discussed the possibility of a toll free number, which would be an alternative solution for the Public Service Commission to consider.

Commr. Hanson stated that she feels the residents are looking at the Board as expediting the process by the issuance of a resolution.

Ms. Lustgarten stated that a resolution would be prepared for the next meeting, January 19, 1993, which would be forwarded to the Public Service Commission for them to do a survey to consider perhaps full extension of the service, or an alternate solution.

No action was needed by the Board.

COMMUNICATIONS/CODE COMPLIANCE

Commr. Swartz addressed the letter he received from Mr. Charles Jacobs, President, Picciola Island Subdivision Homeowners Association, Inc., regarding the Board giving consideration for an ordinance requiring reasonable maintenance of vacant lots.

Ms. Annette Star Lustgarten, County Attorney, stated that, if there is a public nuisance created on a particular lot, the County would have the ability to pursue this as a health hazard. She stated that there is no specific ordinance that refers to the height of grass that needs to be mowed.

Mr. Leo Vaughn, Code Compliance Manager, appeared before the Board and discussed how he presently handles such calls that he receives regarding overgrown grass, weeds, etc. He stated that he looks at the property and determines whether it is a public nuisance, but there is no specific ordinance that refers to this issue. He further stated that he has worked with the Fire Protection Department when it has occurred to be a fire hazard, and he has brought individuals before the Code Enforcement Board on these grounds.

Mr. Charles Jacobs appeared before the Board and explained the problems that he was encountering within his community. He stated that there are 20 vacant lots scattered about in the subdivision, and the community is concerned with the height of the grass and weeds becoming a fire hazard issue, and also with this becoming a conveniently hidden dumping ground. Currently the homeowners association has hired someone to disk the lots three or four times a year. Mr. Jacobs stated that he has met with Mr. Vaughn on several occasions for other types of problems, and has received his assistance in resolving the problems, but he did feel that the County should have some type of ordinance, such as some of the cities do, to address such problems as maintenance of vacant lots.

Mr. Jacobs discussed the deed restrictions within the subdivision.

Mr. Pete Wahl, County Manager, suggested that the Board direct staff to look at other County governments in the central Florida area to see what they have in terms of an ordinance, and possibly making it more applicable to those areas that have a rural population.

Commr. Swartz informed Mr. Jacobs that staff will look into the suggestion of an ordinance, and review ordinances from other counties, and suggested that, in the interim, if there are serious problems, they can be evaluated, and a determination can made as to whether they can be considered as a public health issue.

PUBLIC HEARINGS/TIMES CERTAIN

At 10:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the Certificate of Public Convenience and Necessity for Florida Hospital Waterman/Florida Regional Emergency Medical Services, Inc.

Mr. Pete Wahl, County Manager, informed the Board that Mr. Bill Compton, Chief Executive Officer, and Mr. Zeb Osborne, President, Florida Regional Emergency Medical Services, were present in the audience.

No one present wished to comment on this issue.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Certificate of Public Convenience and Necessity for Florida Hospital Waterman/Florida Regional Emergency Medical Services, Inc.

COMMISSIONER'S BUSINESS (CONTINUED)

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Mr. Tim Scobie to the Solid Waste Study Committee.

COMMITTEES

Commr. Cadwell discussed the Recycling Sub-Committee that was established, in relation to the Solid Waste Committee, and suggested that a sub-committee of city representatives be set up to advise the Recycling Sub-Committee. Commr. Swartz stated that it would be beneficial to expand the Recycling Sub-Committee.

No action was needed by the Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. John Chapman to the Solid Waste Study Committee.

COMMISSIONERS/RESOLUTIONS

Commr. Swartz informed the Board that the Martin Luther King celebration will be held Saturday, January 16, 1993, beginning with a 7:00 a.m. breakfast at the Agriculture Center, and at 10:00 a.m., in Tavares at Wooten Park and traveling down Main Street to the Courthouse will be the parade. He requested that the Board adopt a resolution, which will be presented at the breakfast and the ceremonies.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the resolution honoring Martin Luther King and the celebration of January 16, 1993.

COMMITTEES/RESOLUTIONS

Commr. Swartz discussed the original resolution that established the Solid Waste Committee for a six month period. He requested that another resolution be brought back to the Board extending the timeframe for the Committee.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the extension of the Solid Waste Committee resolution.

RESOLUTIONS/EDUCATION

Commr. Bailey stated that Mr. Charles W. Dick, Pastor of the First Baptist Church, Groveland, was present in the audience. He stated that he was contacted by the principals from the schools in south Lake County, who were working with community leaders and pastors, on the promotion of the theme involving family values.

Pastor Charles W. Dick appeared before the Board and gave a short presentation on the development of the family value theme, and outlined the key points the community is focusing on.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Proclamation declaring January 1 through January 31, 1993, as "Focus On Family Values Month" in Lake County.

PUBLIC HEARINGS/TIMES CERTAIN

SUITS AFFECTING THE COUNTY/CONTRACTS, LEASES & AGREEMENTS

PUBLIC SERVICES

At 10:45 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the settlement in the litigation of Robert and Charlotte Brown vs. County of Lake, et al, Case No. 88-2397-CA-01.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that this is a Settlement Agreement of litigation that has been pending since 1988, which involved the Mink Road controversy. She stated that all matters have been resolved between the Browns, Mr. Oscar Taylor, and the County. The Board has authorized three proposed offers of settlement in the past, which were presented by the County's outside counsel, Mr. Chris Ford. It was noted that this is the last piece of litigation that Mr. Ford is handling for the County.

Mr. Jim Stivender, Director of Public Services, appeared before the Board and explained the settlement between all parties. It was noted that all parties have agreed to the width of the public right-of-way to be utilized for the cul-de-sac and the rights of the Brown's and Mr. Taylor, in relation to their property which is adjacent to the public cul-de-sac right-of-way. The Department of Public Services has prepared all the Exhibits to the Settlement Stipulation and Agreement to the satisfaction of all the parties.

No one present wished to comment on this issue.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to accept the Settlement Stipulation and Agreement, Brown vs. County of Lake, et al (Mink Road), Case No. 88-2397-CA-01, as presented by the County Attorney.

RECESS & REASSEMBLY

At 10:50 a.m., the Chairman announced that the Board would recess for ten (10) minutes, and reconvene at 11:00 a.m for the next scheduled public hearing.

PUBLIC HEARINGS/TIMES CERTAIN

SUITS AFFECTING THE COUNTY/CONTRACTS, LEASES & AGREEMENTS

PUBLIC WORKS

At 11:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the settlement in the litigation of James L. Steinhauer and Rita K. Steinhauer vs. M. Wade Bradford, Janice M. Bradford, Lake County, Florida.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that this litigation has been ongoing for approximately one year, and that this Stipulated Settlement Agreement only obligates that the County issue an Opinion Letter saying that the Steinhauer property can get a building permit, because it meets the zoning requirements and is on a County maintained road. The draft Letter has been sent to the attorney representing the Steinhauers, who has responded and accepted the County's opinion. At this time, she explained the terms of the Stipulated Settlement Agreement.

No one present wished to comment on this issue.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved and accepted the Stipulated Settlement Agreement, Steinhauer vs. Bradford, Lake County, et al, Case No. 91-142-CA-01, as presented by the County Attorney.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:05 a.m.

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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