A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 5, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, October 5, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.

Commr. Bailey gave the Invocation and led the Pledge of Allegiance.

MINUTES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Addendum to be Incorporated into the Minutes of March 23, 1993, (Regular Meeting), as presented.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 23, 1993, (Special Meeting-LDRs), as presented.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of August 26, 1993, (Special Meeting-Solid Waste Assessment), as presented.

Regarding the Minutes of September 2, 1993, (Special Meeting-Budget Workshop), the following change was requested:

Page 3, Line 8 - insert at the budget workshop on July 12, 1993.

On a motion by Commr. Hanson, seconded Commr. Gerber and carried unanimously, the Board approved the Minutes of September 2, 1993, (Special Meeting-Budget Workshop), as amended.

Regarding the Minutes of September 7, 1993 (Special Meeting-Budget), clarification was made to the misspelling of a name, and the following change was requested:

Page 4, Line 28 - insert through privatization of the Jail.



On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of September 7, 1993, (Special Meeting-Budget), as amended.

COUNTY MANAGER'S CONSENT AGENDA

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Proclamation No. 1993-156 proclaiming the month of October as United Way Month.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PRESENTATION OF EMPLOYEE AWARDS

COUNTY EMPLOYEES/PERSONNEL

At this time, Commr. Swartz presented the following awards and plaques, as Ms. Gwen Benton, Personnel Office, provided information on each individual:

Presentation of Plaques to Employees with Five Years of Service



David C. Beaupry, Corrections Office, Corrections/Security

Bruce Y. Bowers, Firefighter/EMT, Fire & Emergency Services/Fire Rescue



Frances E. Colborne, Secretary II, Community Services/Human Services



Edward P. Dugan, Corrections Officer, Corrections/Security



M. Gail Guerry, Secretary II, Community Services/Human Services



Linda Gussler, Community Services Officer, Community Services/Probation



Presentation of Plaque to Employees with Ten Years of Service



William Wigelsworth, Corrections Sergeant, Corrections/Security



Presentation of Plaque to Employees with Fifteen Years of Service



William A. Shumaker, Area Maintenance Supervisor, Public Services/Roads



Presentation of Plaque and Bond to the October Employee of the Month



Rany P. Dean, Equipment Operator I, Maintenance Area III, Roads Division, Department of Public Services





PERSONAL APPEARANCES

RESOLUTIONS

Commr. Bailey presented Resolution No. 1993-142 to Cherry Lake Farms of Groveland, Florida congratulating Cherry Lake Farms for attaining the prestigious 1993 Governor's Business Leadership Award. Those present accepting the Resolution on behalf of Cherry Lake Farms were Mr. Ed Barton, Vice President and General Manager; Mr. Victor Sharron, Director of Human Resources; and Mr. Alan Heinrich, Director of Productions.

RESOLUTIONS

Commr. Hanson presented Proclamation No. 1993-156 proclaiming the month of October as United Way Month to Mr. Joe Holmes, Mr. Dick Clark, and Mr. David Mann, who were representing the United Way.

Commr. Hanson expressed her appreciation to the County employees for their involvement in the United Way effort. Recognition was given to Mr. Pete Wahl, County Manager, who is serving as the Deputy Campaign Chairman for United Way of Lake and Sumter Counties, Inc.

COUNTY PROPERTY/REPORTS

Mr. Chuck Pula, Parks & Recreation Coordinator, appeared before the Board to present the request for approval of the ten capital improvement projects selected by the Parks and Recreation Advisory Board for funding for Fiscal Year 1993-1994. At this time, he introduced Mr. Jim Myers, Vice Chairman of the Parks and Recreation Advisory Board, and Ms. Debbie Stivender, an Advisory Board member, and expressed his appreciation to the Parks and Recreation Advisory Board for their work on this project.

Mr. Pula stated that the recommendation before the Board was the result of a year and one-half of effort by the Parks and Recreation Advisory Board in an attempt to identify specific project needs to assist the municipalities in handling Parks and Recreation problems that are impacted by all Lake County residents. The Parks and Recreation Advisory Board received requests for funding for twenty-six (26) different projects, which totaled $1,448.500, from municipalities and other groups. Mr. Pula reviewed the Lake County Parks and Recreation Advisory Board Five (5) Year Capital Improvement Program Year One (1) 1993-1994 Funding Recommendations, as follows:

District I - City of Leesburg

Rodgers Park Playground $20,000



District I - Lake County Soccer Club

Hickory Point Soccer Complex $20,000



District II - City of Minneola

Rail-Trail Project Park $22,500



District II - City of Mascotte

Recreation Complex Improvements $12,500



District II - City of Groveland

Ballfield Improvements $5,000



District III - City of Tavares

Ballfield Complex $40,000



District IV - City of Mount Dora

Couley Lott Park Improvements $30,000



District IV - Astor Recreation Park

Ballfield Improvements $10,000



District V - City of Umatilla

Cadwell Park Improvements $40,000

District V - East Umatilla Park

Pre-Acquisition Costs $2,000



Mr. Jim Myers, representing the League of Cities, appeared before the Board and stated that they were very pleased that the County was considering funding for the recommended projects, and expressed his appreciation to the Board for their consideration.

Commr. Swartz explained that the funds for the Parks and Recreation Capital Improvement Program will be derived from infrastructure sales tax money which can only be used for facilities.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the ten (10) capital improvement projects selected by the Parks and Recreation Advisory Board for funding for Fiscal Year 1993-1994.



CLERK OF COURT'S CONSENT AGENDA

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

Bonds - Contractor

Request for approval of the following Contractor Bonds:

New



1696-95 Lowell K. Vogel (Electrical)

4519-94 Edward W. Kern (Aluminum Specialty)

4871-94 James A. Croson JA Croson Company of Florida (Plumbing)

5118-94 David Hise & Steve Hise dba Quality Services (Roofer)

5173-94 Robert C. Robey (General)

5234-94 Jay Predmore dba First Air Services, Inc. (Air Conditioning)

Cancellation



5037-93 Smith Air Conditioning



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 87-521-CJ, James Arthur Liles, James Edward Liles and Kathie D. Liles, in the amount of $50.00.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 92-706CFA, Andres Luna, in the amount of $250.00.



Accounts Allowed



Request to acknowledge receipt of 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.



Deeds



Request to acknowledge receipt of unclaimed excess proceeds due landowners on application for tax deeds.



Ambulances-Hospital Districts



Request to acknowledge receipt of map of the North Lake County Hospital District/Independent Special District.



Request to acknowledge receipt of North Lake County District/Independent Special District proposed budget for Fiscal Year 1993/94.



Contracts, Leases & Agreements

Request for approval of agreed upon procedures by Ernst & Young in connection with the Series 1993 A & B Resource Recovery Refunding Revenue Bonds, and authorized proper signature on same.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 6, the request for approval and execution of the Interlocal Agreement between Lake County and the Town of Montverde for Animal Control Services, be pulled from the Consent Agenda for discussion.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tab 6:

Accounts Allowed/Grants



Request for approval for the Childrens' Commission for Children to write and submit a Juvenile Justice Partnership Grant in the amount of $100,000.00.



Accounts Allowed/Grants/Libraries



Request for approval of the Long Range Planning Grant Application for Library Services not to exceed $15,000.00.



Accounts Allowed/Contracts, Leases & Agreements

Private Industry Council



Request for approval of the Three Year Lease of office space for the Private Industry Council, at 205 North Texas Avenue, Tavares, Suite 4 and 5, for a total amount not to exceed $46,450.32; and to authorize the Chairman to sign the lease document.



County Employees/Personnel



Request for approval to authorize the Chairman to sign certificates for employees with one year of service.



Request for approval to authorize the Chairman to sign certificates for employees with three years of service.



Contracts, Leases & Agreements/Zoning



Request for acceptance and execution of an Agreement between the Board of County Commissioners and Alice P. Myers for a temporary non-conforming zoning use.



Rights-of-Way, Roads & Easements/Deeds



Request for acceptance of a Non-Exclusive Easement Deed from Michael W. and Madeline L. Huber in relation to Large Lot Split 93-62.



Contracts, Leases & Agreements/Subdivisions



Request for acceptance of Agreement between Lake County and The Greater Construction Corporation relating to the issuance of building permits while platting is in progress.





Accounts Allowed/Municipalities/Road Projects



Request for approval to reimburse the City of Umatilla for surveying, engineering, and attorney fees paid on the Guerrant Street impact fee project, in the of $10,063.00, Impact District 2, County Commission District 5.



Contracts, Leases & Agreements/State Agencies

Mosquito-Aquatic Plant Management



Request for authorization to execute a contract with the Florida Department of Agriculture and Consumer Services for Aerial Mosquito Adulticiding Services on an as needed basis.



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for acceptance of the following Statutory Warranty Deed:



Hughie Stiefel and Winston Stiefel - Tuscanooga Road - #2-2005



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for acceptance of the following Statutory Warranty Deed:



Virginia M. Wolcott - Adair Avenue - #4-3987



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for acceptance of the following Statutory Warranty Deed:



Richard H. Langley - Bruce Hunt Road #2-2541 and South Buckhill Road - #2-2439



Deeds/Rights-of-Way, Roads & Easements



Request for acceptance of the following Non-Exclusive Easement Deed:



Judy R. Booth - Thomas Boat Landing Road - #5-7940



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for acceptance of the following Statutory Warranty Deed:



Michael W. and Madeline L. Huber - Smitty Road - #5-7906



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for acceptance of the following Non-Exclusive Easement Deed (Cross Access Easement):



Water Services, Inc. - U.S. 27/S.R. 25





Roads-County & State/Deeds



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



Deed No.: 2371

Applicant: Wiley R. and Bonnie G. Clark

Recommendation: Reserve fifteen (15) feet from centerline (30 feet total) on Nursery Road, and reserve 50 feet from centerline (100 feet total) on West Main Street, per City.



Resolutions/Signs/Roads-County & State



Request for approval to post "Speed Limit" signs on the following roads east of Umatilla and north of C-44A:



Glenwood Creek (4-6484); Foresdel Drive (4-6384); Trailwood Creek (4-6584); Rollingwood Trail (4-6882); Eustis Sand Company Road (4-6585); Mill Creek Road (4-6583); Quale Grove Road (4-6883); Will Murphy Road (4-7883); Quails Nest Run (4-7078); Eagles View Creek (4-7279); Timberlane Drive (4-7180); East Eldorado Lake Drive (4-6480); and Windy Hill Drive (4-6279).



Accounts Allowed/Municipalities/County Property



Request to approve declaration as surplus equipment a Heat Lamp Vacuum Applicator (Property No. 4619); and authorization for sale of equipment to the City of Groveland for $200.00.



Resolutions/Signs/Roads-County & State



Request for authorization to post "No Trucks" signs on Anderson Hill Road (#2-1146) to prohibit truck traffic on said road between U.S. 27 and Lakeshore Drive (#2-1040).



Accounts Allowed/County Property



Request to approve declaration of equipment as surplus and authorization to advertise and sell to highest responsible bidder, above $8,000.00, one Perkin Elmer, Model 8420, Gas Chromatograph with Ion Trap Detector, and Epson PC; Lake County Property Numbers 11401, 11402, and 11403.



Accounts Allowed/Budgets/Bids/Purchasing



Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds.





A) Authorization to Seek Bids, Proposal and Professional Services and Approve Technical Specifications.



DIVISION AMOUNT



1) Solid Waste $ 7,200.00



Authorization to seek bids for 400 each, 55 gallon steel drums, Bid #B-2-4-32.





C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.



DIVISION AMOUNT



1) Purchasing $140,000.00



Authorization for the Office Of Purchasing to issue blanket Purchase Orders to County Departments within budgeted funds to those vendors who have provided Lake County with a competitive negotiated discount for non stocked automotive parts. The vendors name and their percent discount amount off of the jobber price sheet will be submitted as an attachment by October 1, 1993.



2) Purchasing $150,000.00



New Age Technologies/Authorization to award Bid # B-4-3-79, annual Computer Hardware and Software, and issue Purchase Orders within budgeted funds. It is also requested that we accept Computer Depot's request to withdraw their bid due to the fact that their bid price did not include on site warranty per the specifications. Six bids were received. Award recommendation is to the low most responsive bidder. Estimated savings between high and low bid is approximately $4,800.00.



D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.



DIVISION AMOUNT



1) Public Services $ 13,000.00

(estimated)



Dixie Lime & Stone and M. J. Stavola/Authorization to extend the bid for an additional six months, until 3/31/93, for Limerock Base Material, Bid #002-750-093, and issue blanket Purchase Orders within budgeted funds. Original Bid approved August 24, 1992.



D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.



DIVISION AMOUNT



2) Public Services $25,000.00



Advanced Drainage and Gulf Atlantic/Authorization to extend the bid for an additional six months, until 3/31/93, for Culvert Pipe, Bid #005-235-093, and issue blanket Purchase Orders within budgeted funds. Board approved original bid on August 24, 1992.



3) Public Services $ 16,800.00

(estimated)



Florida Crush Stone/Authorization to extend the bid for an additional six months, until 3/31/93, for Crushed Rock, Bid #018-750-093, and issue a blanket Purchase Order within budgeted funds. Board approved original bid on August 24, 1992.





4) Purchasing $ 1,800.00 (estimated)

Marlin Business Systems/Authorization to extend the bid for one additional year, until 9/30/94, for county wide Typewriter Maintenance Bid, #008-967-093, and issue blanket Purchase Orders within budgeted funds. Board approved original bid on August 24, 1992.

E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT



1) Fire and Emergency Services $ 200.00



Communications Products, Inc./Authorization to issue a Change Order for $200.00, total Purchase Order will be $6,040.00 for Radio Equipment for Florida Regional EMS. County Manager approved the original Purchase Order on June 22, 1993.



2) Public Services $ 2,200.00



Asphalt Productions/Authorization to issue a Change Order for $2,200.00, total Purchase Order will be $8,000.00 for Asphalt. County Manager approved the original Purchase Order on July 6, 1993.



3) Public Services $ 11,000.00

(estimated)



Ocala Ford New Holland/Authorization to issue a blanket Purchase Order within budgeted funds for O.E.M Ford Tractor parts and supplies.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT



4) Public Services $ 22,100.00 (estimated)



Florida Power/Authorization to issue a blanket Purchase Order within budgeted funds for electric service.



5) Public Services $ 14,000.00

(estimated)



Sumter Electric Company/Authorization to issue a blanket Purchase Order within budgeted funds for electric service.



6) Public Services $ 10,400.00

(estimated)



United Telephone/Authorization to issue a blanket Purchase Order within budgeted funds for telephone service.



7) Public Services $ 13,500.00

(estimated)



City of Leesburg/Authorization to issue a blanket Purchase Order within budgeted funds for electric service.





8) Fish Conservation $ 17,180.00



Northwest Marine Technology, Inc/Authorization to issue a Purchase Order for the fish tagging systems as specified by the Florida Game and Fresh Water Commission. Northwest Marine Technology is the sole source provider for the binary coded wire tags, and the equipment to inject and read the tags.



ANIMAL CONTROL/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Mr. Pete Wahl, County Manager, provided clarification to the dates addressed in the Interlocal Agreement Between Lake County and Town of Montverde.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval and execution of the Interlocal Agreement Between Lake County and the Town of Montverde for Animal Control Services.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, it was noted that no one wished to address the Board during the Citizen Question and Comment Period.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

LAWS & LEGISLATION

Mr. Pete Wahl, County Manager, explained that the proposed Fiscal Year 1993/94 Legislative Package, to be presented to the Legislative Delegation on October 19, 1993, includes recommendations prepared by County departments for the Board's consideration.

Mr. Jim Stivender, Public Services, appeared before the Board to discuss the CUTR Study on Functional Classification and Jurisdictional Responsibility of Public Roads and explained that the functional classification is performed every five years. The number of changes, the quantity, and the stretches of road are substantial, and it is imperative that the Legislature realize that the transfer, as proposed, will have a massive impact to the citizens of Lake County. The work program costs for transfer of state roads and bridges to Lake County are in the amount of $24,912,789 for a five year total, and the road segments to be transfer from the State to Lake County represent a total of 11.55 miles.

At this time, Commr. Swartz provided a brief narrative of each of the following legislative positions: Clarification of County Jurisdiction over County Maintained Roads; Support of State Library's 1995 Budget; Children Should be Given First Priority in the Budget Process; Cremation of Bodies To Be Disposed Of At Public Expense; Funding of Misdemeanant Contract for Florida Department of Corrections; Transportation Restriction of Dogs in Open Cargo Areas; Low-Cost Cat & Dog Sterilization Fund; Early Sterilization of Cats and Dogs; Differential Licensing For Cats and Dogs; Rabies Control; Civil Citation Surcharge on Infractions Relating to Animal Control or Cruelty; Continuing Education for Animal Control Offices; Funding for SWIM Program; State Stormwater Demonstration Grant Program Funding; Product Packaging Standards; State Grant Funding for Recycling Program; Markets for the Sale of Recyclables; Local Option Tourist Development Tax; Traveling Expenses; and Statewide Posting of Alcohol Health Warning Signs.

Discussion occurred regarding the Low-Cost Cat and Dog Sterilization Fund, at which time Commr. Swartz requested that the Board look for revenue sources relating to the issuance of tags and/or a way to require the sterilization of animals in Lake County. It was the consensus of the Board to include this position in the Legislative Package.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the Fiscal Year 1993/1994 Legislative Package to be presented to the Legislative Delegation on October 19, 1993.

MUNICIPALITIES/LAWS & LEGISLATION

Commr. Swartz presented the request for discussion in regard to an interlocal agreement with the City of Fruitland Park, whereby the County and the City agree to the annexation of the parcels which qualify as enclaves.

Ms. Annette Star Lustgarten, County Attorney, explained that new state legislation defines an enclave as any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality, or any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstacle that allows the passage of vehicular traffic through an unincorporated area only through the municipality. New legislation was enacted and Chapter 171 was created, which addresses annexation of enclaves, specifically, an enclave of ten (10) acres or less may be annexed into a municipality by interlocal agreement with the County having jurisdiction of the enclave. If the enclave has fewer than twenty-five (25) registered voters, a municipal ordinance would then be approved in the area to be annexed. The City of Fruitland Park currently has three parcels of property, which meet the definition of enclave, and three other parcels, which may qualify as enclaves for the purpose of annexation by interlocal agreement. Commr. Gerber requested that the Board do a more extensive noticing of those involved with this request, and that at least one public hearing be scheduled before action is taken on this request.

Mr. Pete Wahl, County Manager, stated that he has spoken with City Managers in regard to annexation of enclaves under the new statutory provisions, and suggested the Board request that the League of Cities review this issue in terms of the development of a policy for Lake County.

Commr. Swartz stated that he would support asking the League of Cities to review this issue, and the suggestion to establish a policy requiring a public hearing process for the purpose of evaluating a request of this nature, and to review the concerns of the cities, and the property owners.

Commr. Cadwell suggested that the City Managers' Association also be contacted in regard to this issue.

At this time, direction was given to staff to address the issue of annexation of enclaves within municipalities with the County Managers' Association and the League of Cities, and to prepare a draft policy in regard to interlocal agreements for annexation of enclaves within municipalities.

County Employees/Personnel/Solid Waste

Mr. Pete Wahl, County Manager, presented this request. Ms. Lois Martin, Human Resources Director, appeared before the Board and explained that this request was the result of the Grievant, William A. Cummins, Solid Waste Construction Contract Manager, Grievance No: G-93-05-26-052-TERM, exercising his right to request that the County Manager's Final Order be reviewed by the Board.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to accept the County Manager's Final Order in regard to Grievant, William A. Cummins, Solid Waste Construction Contract Manager, Grievance No: G-93-05-26-052-TERM.

ADDENDUM NO. 1

REPORTS

MUNICIPALITIES/SUITS AFFECTING THE COUNTY

Commr. Cadwell presented the request to reconsider action taken on September 21, 1993 in regard to William Heidt and Kay Tillman v. Lake County, Case No. 92-522-CA-01, regarding the railroad right-of-way along Lakeshore Drive from the City of Clermont through the City of Minneola. He asked that the Board reconsider action approving a settlement agreement, and to direct Public Services and County staff to include the City of Minneola in discussions regarding said case.

Ms. Annette Star Lustgarten, County Attorney, stated that at the time the suit was filed, the City Attorney for the City of Minneola advised the County that, at that point in time, they did not wish to become a party to this suit. She explained that the County proceeded with negotiations based upon recommendations presented by County staff, and the strength of the case presented by the plaintiffs, who had title to the property.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to reconsider action taken in regard to William Heidt and Kay Tillman v. Lake County, Case No. 92-522-CA-01; and to direct staff to review said case and include the City of Minneola, and the City of Clermont in said discussions pending litigation.

Commr. Swartz commented that he would support the motion for consideration, due to the fact that the County lost communication with the City of Minneola. He stated that it is imperative that all those involved be given the opportunity to review settlement agreements before said agreements are brought before the Board for approval.

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

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)

INSURANCE

Mr. Wayne E. Hamilton, Risk Manager, appeared before the Board to make a recommendation for benefits and rate changes to the County's Self-Insured Group Health Plan with identified effective dates, and presented an Addendum to Recommendations - Group Health Plan Benefits. He stated that staff would like to recommend that the County consider the adoption of proposed Alternate Plan No. 3, with a $600.00 deductible. The Addendum to Recommendations provides an Employee option to "buy down" the deductible to $300.00 (in lieu of $600.00) at a contribution of $25.00 a month for independent coverage, or $35.00 a month for employee and dependent(s) coverage; plus $75.00 per month for dependent health coverage. At this time, Mr. Hamilton presented a review of the health care benefits, as outlined under Proposed Alternate Plan No. 3, to all employees with no employee contribution, and dependent coverage with a dependent contribution of $75.00 a month utilizing a Preferred Provider Organization (PPO) and a Non-PPO Provider, and provided a comparison to the Current Plan presently in place. He explained that Dental and Long Term Disability (LTD) benefits will be eliminated under Proposed Alternate Plan No. 3, as of December 31, 1993, with an option available to the employee to choose Dental and Long Term Disability coverage at an additional cost.

Discussion occurred regarding Long Term Disability insurance, at which time it was noted that Mr. Hamilton would negotiate with the current LTD carrier, and other possible carriers for the optional LTD coverage and would include, in the negotiations, a clause to waive "pre-existing conditions".

Commr. Cadwell made a motion, which was carried by Commr. Hanson, to approve the recommended benefits and rate changes to the County's Self-Insured Group Health Plan; to include the recommendation to provide an option to "buy down" the deductible for employees and employees and dependent(s); changing the Plan Year from April 1, 1994 to January 1, 1994; and all other changes as outlined in Addendum to Recommendations - Group Health Plan Benefits.

Mr. Hamilton explained that ways in which to gain better control over health costs are through managed care, using motivations to encourage the employees to use PPO Providers, and to keep the co-insurance level for Non-PPO Providers at 80%. He noted that staff is reviewing health care costs and a health care provider for Workmen's Compensation, and Preventive Care.

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

RECESS AND REASSEMBLY

At 10:40 p.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:50 p.m.

RESOLUTIONS/STATE AGENCIES/PLANNING

Mr. Mark Knight, Chief Planner, Planning Department, appeared before the Board and explained that the Board entered into a contract with the Department of Community Affairs (DCA) for the purpose of obtaining funding to implement policies of the Lake County Comprehensive Plan, relating to the protection of the Green Swamp Area of Critical State Concern; and to enter into a contract with Post, Buckley, Schuh & Jernigan for the purpose of updating the South Lake County Amendment to the Lake County Water/Wastewater Master Plan, for which said contract required a final draft to be completed by September 17, 1993. He noted that Ms. Rebecca Jetton was present in the audience representing the Department of Community Affairs.

Mr. Knight explained that, to implement the Lake County Water and Wastewater Master Plan - South Lake Amendment Update, the County should determine the service providers for water and wastewater service; designate sites for the facilities, including the wastewater plant site, and the water plant sites, with particular attention to wellhead protection; and the reclaimed water/effluent disposal sites, with attention to the effluent disposals in the central subregion; and determine/select a private, public/private partnership, or public sector firm to complete preliminary engineering for regional water/wastewater facilities.

Mr. Jim Barker, Director of Environmental Management, appeared before the Board to address the water systems in the south sub region and stated that, pursuant to the Water/Wastewater Master Plan, the County is developing water/wastewater standards, and an ordinance for the application of those standards will be presented at the next Land Development Regulations (LDRs) revision process. Mr. Steven Richey, Attorney representing Greater Utilities, Inc., appeared before the Board and suggested that the Board coordinate with Greater Utilities, Inc. in regard to the utility companies performing the engineering duties that are required in the recommendations as part of their current planning to expand to meet the needs of the developments in the south sub region. He noted that this would save the County money, and would begin to formalize a relationship with the County. He explained that there is extreme confusion with regard to the service area the City of Clermont has in regard to the Greater Utilities, Inc. private water systems, and the ability to provide water and wastewater facilities at the same time in the north sub region. The City of Clermont has expressed that they do not want to provide wastewater where they do not provide water, and a third of the northern area is served by private utility companies to provide water, which are not in the wastewater business. The City of Clermont does not want to service wastewater on the west side of S.R. 27 due to the inability to service water. He requested that the Board review this issue as it is not consistent with the policies and puts the County, the City of Clermont, and individual property owners in an awkward position.

Ms. Rebecca Jetton, Department of Community Affairs (DCA), appeared before the Board and stated that DCA is very pleased that the County is pursuing the concept of Regional Wastewater Treatment Facilities, particularly in South Lake County. The update to the Master Plan identifies nine (9) package plants in the South Lake Region, and DCA is anxious to see the proliferation of these package plants established in a regional facility. DCA strongly supports the recommendations in the Master Plan Update and feels that the County should act quickly to establish a site before additional subdivisions are constructed. The update recognizes two (2) water systems in the south sub region, and DCA hopes that the County will make the decision to impose requirements now, so that in the future the two systems can be tied together as a central facility. DCA is pleased with the progress being made by Lake County in implementing the Comprehensive Plan, and will continue to tract the implementation of the Master Water and Wastewater Plan. Development approvals by DCA will be based upon adherence to the thresholds established in the Plan.

Commr. Swartz requested that Ms. Jetton determine from DCA whether the County may obtain priority from DCA to work toward aid to make it economically feasible for the cities to provide the wastewater and water to private users to help out the economics of the situation.

Ms. Jetton explained that DCA has put together budget issues for such plans and have worked with GEP on low interest financing. She noted that there has been, in the past, developments proposed

outside of the city limits of Groveland where they have expressed a desire to run wastewater treatment outside of the city limits, suggesting that the County may want to look into this issue.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution No. 1993-168 accepting the update to the South Lake County Amendment to the Lake County Water/Wastewater Master Plan, and authorized proper signatures on same.

GRANTS/MEETINGS

Mr. Mark Knight, Chief Planner, Planning Department, stated that the Lake County Planning Division has been contacted by representatives of East Lake Utilities, Inc. for the purpose of submitting a Community Development Block Grant (CDBG) Economic Development application to the Department of Community Affairs (DCA) for the development of a Regional Water/Wastewater System in the Crow's Bluff Rural Village for the commercial uses within said village. Representatives of East Lake Utilities, Inc. are preparing all documentation associated with the application and have requested that two public hearing dates be scheduled on October 26, 1993 and November 2, 1993 for the purpose of reviewing said application. He explained that the application for funding would be required to go through the County, and it may be advantageous to the County to have a consultant administer the grant in the event grant funds are awarded to Lake County. He explained that the request before the Board this date was for authorization to request proposals from qualified individuals, or firms, for administration of a Community Development Block Grant, Economic Development.

Mr. Pete Wahl, County Manager, stated that a Selection Committee will need to be established if the Board approves the Request for Proposals.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved authorization to request proposals for administration of a Community Development Block Grant, establish public hearing dates on October 26, 1993 and November 2, 1993, and authorize administration of the CDBG through a Request for Proposal (RFP).

CONTRACTS, LEASES & AGREEMENTS/AFFORDABLE HOUSING

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Partnership Agreement for the Lake County Affordable Housing Assistance Program between Lake County and Lake Community Action Agency, Inc.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following appointments to the Lake County Sports Committee:

Mr. Kenneth E. Strickland - Mobile Home Park Resident



Mr. Scott Taylor Flowers - Representative of the Financial Community



Ms. Dottie Smith - Representative of Industry that Collects Tourist Tax



APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Swartz brought up for discussion the appointment process that is presently being followed by the Board, at which time, Commr. Bailey interjected that consideration should be given to areas of representation and term limits, if the Board chooses to make the appointments a competitive process, or reappoint said individual and not advertise the position if the individual is happy in said position.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Mr. Pat Locke, as a representative of the realtor category, on the Lake County Code Enforcement Board, for a three-year term beginning November 1, 1993.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the reappointment of Mr. Clarence Tibbs, as a representative of the Contractor category, on the Lake County Code Enforcement Board, for a three-year term beginning November 1, 1993.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Mr. Ted Wyatt, as a representative of the business community, on the Lake County Code Enforcement Board, for a three-year term beginning November 1, 1993.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

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

Contracts, Leases & Agreements/Community Services



Request for approval and signature on the Amended Annual Contributions Contract A 3303 E for the Section 8 Certificate Program for Lake County Project No. FL29-E106-004.



Contracts, Leases & Agreements/Insurance



Request to approve the selection of The Health Advantage proposal, submitted by The Health Advantage Network, as the PPO Provider; authorization for the Risk Manager, Mr. Wayne Hamilton, to negotiate a contract in the best interest of the County to be effective November 1, 1993; and authorization for the Chairman to execute said contract; subject to final review and approval by the County Attorney's Office.



Municipalities/Solid Waste



Request for authorization to encumber and expend funds related to the municipal portion of the Recycling & Education Grant.



Contracts, Leases & Agreements/Landfills/Municipalities



Request for approval to amend the Agreement between Lake County and BioGrove Systems Inc. a/k/a Environmental Sciences Corporation, for hauling of landfill leachate to the City of Leesburg and the City of Eustis until October 31, 1993; and authorization for the Chairman to execute the amended Agreement.



Roads - County & State/Public Services



Request for approval for the American Cancer Society to use the short road from U.S. 441 to Silver Lake Drive from 7:30 a.m. to 12 noon on October 16, 1993.



Budgets/Bids/Sheriff's Department



Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds.





D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.





DIVISION AMOUNT



1) Board of County Commissioners $ 13,247.03



Municipal Code Corporation/Authorization to issue a Direct Pay for 125 copies of the Lake County Code of Ordinances.



ADDENDUM NO 2

COUNTY MANAGER'S CONSENT AGENDA

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

Budget Transfers/Sheriff's Department



Request for approval to transfer $40,000.00 of the Inmate Medical Care funding within the In-House Support/Correction's budget into the Sheriff's budget for a dental contract, as follows:



Fund: General

Department: Sheriff's Budget

From: Reserve for Salaries/BCC $131,890

Inmate Medical Care/In-House $ 40,000

Support/Corrections

To: Transfer/Law Enforcement/Deputies $112,513

Transfer/Jail Operations $ 19,377

Transfer/Jail/Other Expenses $ 40,000

Transfer #: 94-0001



Request for approval to transfer a portion of the Salary Reserve into the Sheriff's budget to fund the two (2%) percent cost of living increase for non-union Corrections personnel, effective October 1, 1993.



Contracts, Leases & Agreements/Fire Protection



Request for approval and execution of a Lease Agreement between Lake County and John C. Natolly and Lyn Natolly relating to the Harbor Hills County Fire Station.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/PURCHASING

Mr. Pete Wahl, County Manager, stated that Ms. Kelly Soucy, Purchasing Manager, established a Copier Needs Committee at his direction to review Lake County's current reprographic needs, and the costs associated with said needs.

Ms. Kelly Soucy, Purchasing Manager, appeared before the Board and stated that the Copier Needs Committee requests authorization for the Office of Purchasing to take the necessary action to purchase a Zerox Docutech Production Publisher, Model 135, in the amount of $225,660.00, based on data collected from the reprographic survey that was received from all County Departments/Divisions/Offices and the Constitutional Officers. She stated that the County could save over $70,000.00 by implementing the reprographic center, based on the County's current copying costs. At this time, she reviewed the financial analysis and explained that there is approximately a fifty (50%) percent savings if the County does all copying in-house versus using private printing companies.

Ms. Soucy stated that the Copier Needs Committee is requesting that the Board approve the nine recommendations before the Board this date, which includes the purchase of the Xerox Docutech Productions Publisher, Model 135 at $225,660.00 per the Dade County School Board Bid #160-N-1 by October 6, 1993 and the maintenance of said system; approval of a new position for the Reprographic Operator at $9.48 per hour; authorize necessary changes to Purchasing's budget for start up costs; authorization to redistribute existing high-speed copiers to outlying offices to ensure efficient utilization of all equipment; authorization to discontinue maintenance on selected copiers; authorization to negotiate with Xerox for the purpose of obtaining a discount on the purchase price of the Docutech, or credit for supplies from the trade-in of inefficient copiers; allow for all printing of materials, letterhead, newsletters, business cards, and large volume copying to be completed by the Reprographic Center; allow low volume copying under twenty (20) copies per document to be processed by the Departments/Division officers; and allow all Constitutional Officers and local government entities to utilize the Reprographic Center at a predetermined rate.

Ms. Soucy noted that representatives from Xerox were present in the audience to address questions by the Board. At this time, discussion occurred regarding the position of a Reprographic Operator, and Ms. Soucy explained that said position requires the technical capability, and creativity to support the County's demands on designing forms, newsletters, etc., and must have the initiative to provide a product and service that is marketable to the County and to other elected and city governmental officials that will support the system.

Mr. Al Hagel, Area Manager, Xerox Corporation, appeared before the Board and explained that the current bid award for the Xerox Docutech Productions Publisher will expire on October 6, 1993. If Lake County does not piggyback this bid, the price may not remain the same. In addition, the free equipment and supplies that have been offered as incentives will not be available after October 6, 1993. Ms. Soucy interjected that the County would loose the promotional incentive package, which is approximately $22,500.00. A decision is also required in regard to copier maintenance contracts on existing copiers and whether to continue with the maintenance contracts, which would result in a savings of $46,000.00, if copier maintenance contracts were canceled.

Mr. Mike Anderson, Director of Facilities and Capital Improvements, appeared before the Board and explained that the three (3) options available to the Board for consideration in regard to the purchase of the Xerox Docutech Production Publisher are to add said purchase to the overall renovation program, discontinue a current project that is budgeted for the upcoming year, or to add said purchase to the scope of work and fund said purchase as an additional line item.

Commr. Bailey expressed concern with the cost of the Xerox Docutech Production Publisher, in the amount of $200,025.00, and that the amount of copying being completed will be increased instead of decreased. He stated that this is a lot of money to spend for more copy machines, and that the Board should be reviewing how they could more appropriately use said money.

Commr. Swartz stated that he does not have the comfort level to go forward today with this purchase. He explained that his major concern was with the requirement to sign the contract no later than October 6, 1993, and he requires additional information regarding the Xerox Docutech Productions Publisher, the copier that is in use by the Tax Collector; noting that agreements should be in place with the Constitutional Officers, interlocal agreements with the cities, and other alternatives should be considered before a decision is made regarding this purchase. He noted that the Board has, in the past, given consideration to an in-house maintenance person in place of maintenance contracts, and suggested Request for Proposals (RFPs) be requested from local printers.

Commr. Hanson suggested that this issue be reviewed by the Budget Review Committee, noting that there could be real disadvantages to the installation of said copier during the renovation project.

Commr. Cadwell stated that he has a comfort level that this purchase will save the County money and supports the approval of this request today; however, would also support a motion to postpone said request.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to postpone the authorization for the Office of Purchasing to take the necessary action to purchase a Xerox Docutech Production Publisher, Model 135; and to direct staff to continue to devise a plan which would include agreements with the Constitutional Officers, and outside sources who may wish to use the system; and to review other alternatives which would include utilizing outside sources and other alternatives with the private sector.

Commr. Gerber stated that she supports going forward with the request for authorization to purchase a Xerox Docutech Productions Publisher today.

Mr. Bruce Thorburn, Emergency 9-1-1 Coordinator and Interim Director of Information Services, appeared before the Board and stated that his major concern was with the volume of cost inefficient copying that is currently being accomplished by the County, and with the certification of the Constitutional Officers' volume included in with the Board's volume, the purchase of the Xerox Docutech Production Publisher is cost effective.

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

REPORTS

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY/FIRE PROTECTION

Ms. Annette Star Lustgarten, County Attorney, provided an update on the pending litigation involving the Old Sorrento School House and advised the Board that a claim has been filed against the County in relation to a fire at the Old School House. Pre-complaint motions have been filed and have been referred to the County's outside legal counsel. She advised the Board against discussing this issue.

COUNTY MANAGER

COUNTY EMPLOYEES/PERSONNEL

Mr. Pete Wahl, County Manager, introduced Mr. Joe Grawet as the new Personnel Manager.

CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE

Mr. Pete Wahl, County Manager, presented a request for approval of an amendment to the contract with Phillips & Jordon, Inc. for excavation of a clay layer at the bottom of the stormwater retention pond; the C & D site; and the roadway west of the Phase IIB cell, at a cost not to exceed $98,000.00.

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and addressed questions presented by the Board.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request for an amendment to the contract with Phillips & Jordon, Inc., at a cost not to exceed $98,000.00.



COMMISSIONER GERBER

MEETINGS

It was noted that the Land Development Regulations (LDRs) Workshop was scheduled for October 19, 1993 at 2:00 p.m. and that said workshop would be for the Board and staff to finalize the language in the Land Development Regulations and that there would be no public comment during said workshop.

COMMISSIONER HANSON

RESOLUTIONS/TOURIST DEVELOPMENT COUNCIL

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Proclamation No. 1993-164 declaring the opening of the Lake County Convention and Visitor's Bureau.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:40 p.m.



CATHERINE C. HANSON, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK





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