A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 15, 1994

The Lake County Board of County Commissioners met in regular session on Tuesday, November 15, 1994, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; Commr. Bailey. Others present were: Frank G. Gaylord, County Attorney; Pete Wahl, County Manager, Ava Kronz, BCC Office Manager; Mr. James C. Watkins, Clerk; Ms. Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

Mr. Pete Wahl, County Manager, requested that Tab 47, approval of staff recommendations concerning municipal service benefit/road special assessments, be moved to 11:00 a.m..

Commr. Hanson requested that Tab 3, a Public Hearing on the rezoning for Royal Highlands, be moved to a Times Certain at 11:00 a.m.

No one present in the audience wished to speak in objection to this request.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to move Tab 3, a Public Hearing on the rezoning for Royal Highlands, to 11:00 or as soon thereafter.

Commr. Cadwell requested that an agenda item in regard to Murphy Act State Road Reservation for Robert L. Ewigleben be added to the agenda under Reports.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to place Murphy Act State Road Reservation for Robert L. Ewigleben on the agenda under Reports.

Commr. Swartz noted that he would be discussing the Agricultural Museum under Commissioner's Business. He requested that Tab 49, discussion of Sylvan Shores Roads, be moved forward on the agenda.

Mr. Wahl requested that Tab 4, Public Private Partnership with Lake Grove Utilities, be postponed until January 1995.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone Tab 4, Public Private Partnership with Lake Grove Utilities, until January 1995.

Mr. Wahl requested that a proposal relative to the County Manager's Employment Contract be placed on the agenda under County Manager's Business.

Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to place on the agenda a proposal relative to the County Manager's Employment Contract, and discussion of the County Attorney's Employment Contract.

The Chairman called for a vote on the motion, which failed by a 3 - 2 vote.

Commr. Gerber and Commr. Swartz voted "No".

Commr. Swartz stated that he would reconsider discussion on the Employment Contracts for the County Manager and the County Attorney under County Manager's or County Attorney's Business.

MINUTES

Regarding the Minutes of September 20, 1994, (Regular Meeting), the following correction was requested:

Page 26, Line 1 - change "Growth Management Acts" to County Growth Management Plans.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of September 20, 1994, (Regular Meeting), as amended.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of September 12, 1994 (Special Meeting), as presented.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

CLERK OF COURTS - JAMES C. WATKINS

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

Accounts Allowed/Assessments/Subdivisions



Request for approval of Satisfaction of Assessment Liens, as follows:



Mt. Plymouth Subdivision



Loretta Masselli $ 733.73

Anthony Milidantri $ 1,423.75



South Pine Lakes



Russel L. Huston & Denise R. Huston $ 1,595.90



Lake Eustis Village



James F. and Ena L. Blair $ 400.00



Forty Eight Estates



Evelyn F. Pinkerman $ 1,374.23



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 92-824-CFA, Harrie P. Edwards, in the amount of $250.00.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 89-971-CJ, Kenneth G. Richardson and Gordon and Gelanie Richardson, the amount of $50.00.



Bonds



Request for approval of Contractor Bonds, New and Cancellations, as follows:



NEW



4122-95 Ronald L. Hart, Sr.

4145-95 Edwin R. Insalaco

4554-95 Dick Proctor Custom Homes, Inc.

4910-95 Chris E. Johnson

4938-95 Mapes Roofing Company

4962-95 John P. Ryan dba The Ryan Company

5118-95 David Hise & Steve Hise dba Quality Services

5337-96 Paul Andrew Hoffman



CANCELLATION



4294-94 Forest J. Shutt

4801-94 William R. Ferguson





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 Board Support Division of the Clerk's Office.



Ordinances/Municipalities



Request to acknowledge receipt of City of Leesburg Ordinance No. 94-21, adopted at the October 24, 1994 City Commission Meeting.



State Agencies/Meetings



Request to acknowledge receipt of Southwest Florida Water Management District's October meeting to be held October 31 and November 1, 1994.



State Agencies/Reports



Request to acknowledge receipt of the Fiscal Year 1993-1994 Activity Report for the Division of Forestry's Cooperative Forestry Assistance Program.



Reports



Request to acknowledge receipt of the Constitutional Officer Finance Report and Excess Fees and Unspent Transfer Fiscal Year 1993-1994.



Ordinances/Municipalities/Resolutions



Request to acknowledge receipt of copies of the following ordinances and resolutions received from the Town of Lady Lake:



Ordinance No. 94-11 - Annexing certain contiguous property upon voluntary application by the property owners, Walter McLin for the Estate of Joe Prevedel, adopted October 3, 1994.



Ordinance No. 94-12 - Annexing certain contiguous property upon voluntary application by the property owners, Oliver P. and Anna P. Dowling, adopted October 3, 1994.



Ordinance No. 94-14 - Annexing certain contiguous property upon voluntary application by the property owners, Spruce Creek Development Company of Ocala, Inc., adopted October 3, 1994.



Ordinance No. 94-16 - Amending the Lady Lake Future Land Use Map, passed and ordained October 12, 1994.



Ordinance No. 94-17 - Adopting an Amended Development Order for the Tri-County Villages of Lake Development of Regional Impact and Superseding Ordinance No. 88-01 and Ordinance No. 90-12.



Resolution No. 94-112 - Vacating a portion of certain property, The Villages of Lake-Sumter, Inc., resolved September 19, 1994.



Resolution No. 94-113 - Adopting a Final Millage Rate of 2.72 for The Town of Lady Lake, for Ad Valorem Taxes for Fiscal Year 1994-1995, passed and resolved September 19, 1994.



Resolution No. 94-114 - Adopting a Final Budget for The Town of Lady Lake for Fiscal Year 1994-1995, passed and resolved September 19, 1994.





PRESENTATIONS



RESOLUTIONS



Commr. Hanson presented a resolution to Mercer Products Company, Inc., congratulating Mercer Products Company, Inc. on receiving the 1994 Mid-Florida Industries of the Year Award from the Economic Development Commission of Mid-Florida.

Commr. Cadwell expressed appreciation to Mr. Alvin Jackson, Economic Development Coordinator, and the Economic Development Commission of Mid-Florida for the assistance that they have provided to Mercer Products Company, Inc.

COMMISSIONERS

Commr. Hanson presented a gift of appreciation to Commr. Don Bailey on behalf of the Lake County Board of County Commissioners for his service as a County Commissioner.

REPORTS/STATE AGENCIES/ROAD PROJECTS

Mr. James Kimbler, District Director of Planning and Public Transportation, Florida Department of Transportation, appeared before the Board to present an overview of the changes to the FDOT Tentative Five Year Work Program for the period from Fiscal Year 1995/1996 through Fiscal Year 1999/2000. He stated that FDOT has worked closely with County staff in determining the priorities of Lake County and have worked diligently to fill those priorities based on the revenues that were available. At this time, he extended an invitation to a public hearing on the FDOT Work Program, and the FDOT Long Range Plan to be held on December 2, 1994 in Orlando, Florida.

Mr. Kimbler stated that FDOT has been very successful in responding to the priorities identified by Lake County. At this time, he discussed the following projects: SR 44 St. Johns River, Bridge #110063 (Redecking); SR 500 US 441, from Lake Eustis Drive to CR 44B; SR 500 US 441, from SR 44 Leesburg to 0.2 miles west of Lake Shore; SR 19 Bridge #110022 (Resurfacing); SR 500 US 441, Bridge #119001; SR 500 US 27/441, from Griffin View Avenue to Herosa Street; SR 500 US 441, from US 27 to SR 44; SR 500 US 441,

from CR 25A South to CR 25A; Old Highway 441, from Eudora Road to McDonald; and SR 44, from Sumter County line to CR 468. He stated that FDOT could not respond to a group bridge project on CR 561A and explained that the bridge does not meet the federal criteria for bridge repair. At this time, he discussed Section 18 - Transit Operating Assistance, and explained that $689,000.00 would be granted to Lake County for continuation of transit service in Lake County.

REPORTS

ASSESSMENTS/ROADS-COUNTY & STATE/SUBDIVISIONS

Commr. Swartz stated that he has had discussion with the residents of Sylvan Shores Subdivision in regard to the maintenance of the roads in the subdivision. He presented a brief outline of the issues and explained that there were a number of roads in Sylvan Shores Subdivision that have been requested to be brought into the County maintenance system by the residents. He expressed the importance of maintaining the integrity of the Special Assessment Program, and that the County be fair to the residents of the Sylvan Shores Subdivision and other areas that may be similar in circumstances. He explained that a review of past Board of County Commissioners' Minutes indicates that the residents of the subdivision were special assessed for a road resurfacing program that was performed by the County and that, at various times, the Board had taken specific actions on a number of the roads in the subdivision and voted to consider or to bring them into the County maintenance system. He stated that he would support action that would indicate that all of the paved roads in the Sylvan Shores Subdivision be brought into the County maintenance system.

At this time, Mr. Jim Stivender, Director of Public Services, distributed a copy of a memorandum addressed to Mr. Peter F. Wahl, County Manager, dated September 20, 1994.

Commr. Swartz discussed the issue of maintenance of the sidewalks in the Sylvan Shores Subdivision, and stated that the County has not had a sidewalk special assessment program and

suggested that said program would be an appropriate approach to take in areas where residents have indicated a desire for sidewalks. He stated that he has indicated to the residents of Sylvan Shores that he would support the County accepting the roads into the County maintenance system, and if the residents wish to have those sidewalks repaired and put back into a safe condition that would meet the County standards for sidewalks, he would support the residents of Sylvan Shores Subdivision entering into a special assessment program for the repair of the sidewalks whereby the County would participate and pay one-third of the sidewalk costs, and the adjacent property owners would pay one-third.

Mr. Jim Stivender, Senior Director of Public Services, appeared before the Board and briefly discussed the history of the roads in the Sylvan Shores Subdivision and explained that some of the roads were brought into the County maintenance system in the 1970s, and others were not due to objections expressed by the property owners at the time. He noted that the roads to be brought into the County maintenance system would include Eastland, Southland, Washington, Poinsettia, and Lucerne Drive from Florence to Eastland, and would include signage, striping, tree trimming, and assigning road numbers to the roads; however, would not include resurfacing of the roads within the next two years.

Ms. Cecelia Bonifay, Attorney, representing the residents of the Sylvan Shores Subdivision, appeared before the Board and stated that the residents have expressed concern with a special assessment for repair of the sidewalks and a concern that removing only portions of the sidewalks, based on those that the County feels present an immediate liability, would create more of a liablity for the County. She stated that the residents are requesting that all of the roads be accepted into the County maintenance system and that all County maintenance be performed, including the maintenance of the sidewalks.

Ms. Dorothy Fosket, Past President of the Sylvan Shores Association, appeared before the Board and stated that the plat of

Sylvan Shores Subdivision indicates that the sidewalk, the apron, and the street belong to the County and that the roads in the subdivision have always been public roads. She stated that the titles, plats and deeds indicate that the property owners own one (1) foot inside the sidewalk, and the issue of liability is with the County.

Mr. George Battle, a resident on Southland Road, appeared before the Board and clarified that the sidewalks were installed prior to 1935.

Ms. Barbara Hall, Sylvan Shores Association, appeared before the Board to discuss the cost of the repair of the sidewalks in the Sylvan Shores Subdivision. She noted that the residents use the sidewalks; however, must walk in the roads where there are a large number of trees that have caused the sidewalks to be hazardous. She noted that all residents wish to be placed on the County maintenance system.

Mr. Anthony Aquino, a local resident, appeared before the Board to discuss the repair of the sidewalks.

Ms. Francis Welker, a local resident, appeared before the Board and requested that a portion of Westland Road east of Morningside Drive be included in the County maintenance system.

Mr. Ralph Albritton, a resident of Gertrude Place, appeared before the Board and stated that Gertrude Place has no sidewalk and the residents do not wish to have a sidewalk.

Mr. Stivender clarified that special assessment funds would be used for road maintenance, and stated that the County would hire a contractor to do the work.

Commr. Swartz expressed concern that a portion of the special assessment funds are gas tax funds, and stated that the County does not have the sufficient funds to resurface the roads that are currently within the County maintenance system.

Mr. Herman Means, a resident of Westland Road, appeared before the Board and requested clarification whether the sidewalk repair would include the drive that crosses the sidewalk area from the

street. He discussed a water problem, and the destroyed sidewalk in front of his home.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, the Board approved to authorize the County Attorney to prepare a resolution (or document) that clearly acknowledges acceptance of paved roads in the Sylvan Shores Subdivision into the County maintenance system, including the road located on the east side of Morningside Drive; said roads be clearly delineated as part of the County maintenance system and normal and routine maintenance be performed, including the necessary tree trimming and/or removal, striping, roadway repairs, and signage; sidewalks that exist and constitute a liability to the County, and a hazard to the public, be removed and replaced; and a Special Assessment for said sidewalks be prepared to be equally divided on a front foot basis for all of the area in Sylvan Shores Subdivision.

The motion carried by a 3 - 2 vote.

Commr. Hanson and Commr. Bailey voted "No".

PUBLIC HEARINGS

ZONING/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone the public hearing on Royal Highlands until a Times Certain at 11:00 a.m. or as soon thereafter.

RECESS & REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:30 a.m.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested that Tab 33, approval to obtain quotes and waive the bid process for the removal of waste tree chips from the Astatula I Landfill, be pulled from the Consent Agenda; and that Tab 13, approval and signature on Agreement Between Lake County and Lake Community Action Agency, be approved subject to the final review and approval by the County Attorney.

Commr. Cadwell requested that Tab 18 be pulled for discussion.

Commr. Gerber requested that Tab 25 be pulled for discussion.

Commr. Swartz requested that Tab 26 and Tab 37 be pulled for discussion.

Commr. Bailey made a motion, which was seconded by Commr. Gerber, to approve the following requests, with the exception of Tab 33, Tab 18, Tab 25, Tab 26, and Tab 37:

Commr. Hanson expressed appreciation to those who were present in the audience for their service in regard to the Lake County Citizens' Commission for Children and the AmeriCorps Program.

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

Resolutions



Request for approval of Resolution No. 1994-236, recognizing the contributions of the Hospice Program, and acknowledging November 1994 as National Hospice Month.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval and execution of Agreement Between Lake County and the Medical Examiner for Fifth Judicial Circuit; and to encumber and expend funds in the amount of $122,000.00.



Accounts Allowed/Contracts, Leases & Agreements/Libraries

Communications



Request for approval and execution of GTE Maintenance Agreement for Library Telecommunications Network; and to encumber and expend funds in the amount of $2,654.20.



Contracts, Leases & Agreements/Community Services



Request for approval of the renewal and execution of Master Rental Agreement with Digital Products Corporation for lease of 10 electronic monitoring units for use in the Electrically Monitored Work Release/House Arrest Program; and to waive bid requirement; subject to final review and approval by the County Attorney.



Community Services/Committees



Request for the Lake County Citizens' Commission for Children to solicit information/concept papers from the community for programs that provide prevention and intervention services for children and youth in Lake County.



Budget Transfers/Contracts, Leases & Agreements



Request for approval of the contract between Lake County and AmeriCorps; approval to transfer funds from General Fund Contingency to Community Services for the AmeriCorps Lake County Program; and to encumber and expend funds.





Accounts Allowed/Budgets/Municipalities/Resolutions



Request for approval of Resolution No. 1994-237, requesting that the General Fund for 1994-1995 be amended to increase the total budget to include unanticipated revenue from the Corporation for National and Community Service, Lake County Boys Ranch, Lake Community Action Agency, Lake Senior Services/RSVP, and the City of Eustis in the amount of $195,668.00.



Contracts, Leases & Agreements/Community Services



Request for approval and signature on Agreement Between Lake County and Cottage Education Relating to Funding from the AmeriCorps Program.



Contracts, Leases & Agreements/Community Services



Request for approval and signature on Agreement Between Lake County and Lake Community Action Agency Relating to Funding from the AmeriCorps Program; subject to final review and approval by the County Attorney.



Contracts, Leases & Agreements/Community Services



Request for approval and signature on Agreement Between Lake County and Lake County Boys Ranch Relating to Funding from the Americorps Program.



Contracts, Leases & Agreements/Community Services



Request for approval and signature on Agreement Between Lake County and Lake County Senior Services/RSVP Relating to Funding from the AmeriCorps Program.



Budget Transfers/Corrections



Request for approval of budget transfer to establish cost center for Jail Maintenance and Energy Management.



Accounts Allowed/Contracts, Leases & Agreements

Fire Protection



Request for approval of renewal of Lease Agreement Between Lake County and John C. and Lynn Natolly Relating to the Harbor Hills County Fire Station (Station #66) for an additional one year period, with an income of $650.00 per year.



Contracts, Leases & Agreements/Zoning



Request for acceptance and execution of an Agreement Between the Board of County Commissioners and Mr. Stanley Melnick for a Temporary Non-Conforming Zoning Use to place a fifth wheel trailer on property located on State Road 46-A while the conventional home is being built - Commissioner District No. 4.



Accounts Allowed/Bids/Road Projects



Request for approval to advertise for bids for the East Pearl Street Boat Ramp, Project No. R-10, at an estimated cost of $28,000.00 - Commissioner District No. 4.





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



Request for acceptance of the following Statutory Warranty Deeds:



Church of God at Ferndale Trustees

(Kensil Combs)

County Road #455



Sonya M. Wilde

County Road #455



William C. and Fulbia W. Tranor

Dove Valley Lane #5-7010



Richard C. and Jeanette A. Tranor

Dove Valley Lane #5-7310



Roads-County & State/Deeds



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



Deed No.: 850

Applicant: Dulari Jensen Smith

Location: East of Lady Lake: Section 10, Township 18 South, Range 24 East

Recommend: Reserve 40 feet from centerline of Gray's Airport Road (#5-7310). Reserve 33 feet from centerline of Griffin Avenue (#5-7807).



Roads-County & State/Deeds



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



Deed No: 850

Applicant: Mike I. and Shannon R. Sapp

Location: East of Lady Lake: Section 10, Township 18 South, Range 24 East

Recommend: Reserve 40 feet from centerline of Gray's Airport Road (#5-7310). Reserve 33 feet from centerline of Griffin Avenue (#5-7807).



Roads-County & State/Deeds



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



Deed No: 2858

Applicant: Joseph P. and I. Jean Goldy

Location: Lots 41, 42, 43, 44, 45, and 46; Block 54; East Umatilla (PB 6, Pg. 87-93

Recommend: Reserve 33 feet from centerline on West 6th Street and 33 feet from centerline on West 6th Avenue (#5-7876A).



Road Closings - Permission to Advertise



Request for approval to advertise Road Vacation Petition No. 770 by Ralph and Ann Rodgers to vacate roads, Groveland Farms, Section 30 & 31, Township. 23, Range 25, in the Groveland area - Commissioner District 2.





Road Closings - Permission to Advertise



Request for approval to advertise Road Vacation Petition No. 771 by William H. Gibb, Jr. to vacate roads, Lake Highlands Company, Section 20, Township. 22, Range 26, Clermont area - Commissioner District 2.



Road Closings - Permission to Advertise



Request for approval to advertise Road Vacation Petition No. 772 by H. L. and Ruth Wiggins to vacate E. Thirteenth Street, Assembly Heights, Section 5, Township 18, Range 27, Umatilla area -Commissioner District 5.



Road Closings - Permission to Advertise



Request for approval to advertise Road Vacation Petition No. 773 by Frederick and Lu Ann Antonio to vacate Duxbury Avenue, Plat of Mt. Plymouth, Section 28, Township 19, Range 28, Mt. Plymouth area - Commissioner District 4.



Road Closings - Permission to Advertise



Request for approval to advertise Road Vacation Petition No. 774 by Robert I. Stokes to vacate road, Ravenswood Subdivision, Section 20, Township 17, Range 27, Altoona area - Commissioner District 5.



Bids/Purchasing/Sheriff's Department

Mosquito-Aquatic Plant Management



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, as follows:



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



DIVISION AMOUNT



FIRE & EMERGENCY SERVICES $10,000.00



Aero Product Corporation/Authorization to extend Bid #B-2-3-61, Medical Supplies for an additional year per the original terms and conditions and issue a Blanket Purchase Order within budgeted funds.



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



DIVISION AMOUNT



MOSQUITO MANAGEMENT $39,100.00



Cheminova, Inc./Authorization to waive bid requirements and sole source the purchase of an estimated 2000 gallons of FyFanon, Malathion 95% technical and issue a Blanket Purchase Order within budgeted funds. They are the only American manufacturers of bulk malathion with the "Mosquito Control Use Only" label. This type of malathion has worked successfully for Mosquito Management and is one of the cheapest compounds on the market.

F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.



DIVISION AMOUNT



SHERIFF'S OFFICE $10,200.00



James L. Meadows/Authorization to issue a contract number and have the Board authorize the contract pending the County Attorney's approval. This agreement is for the rental of office space for the Sheriff's Substation in Clermont. Terms of this agreement are month to month with a fifteen day written termination clause.



Committees/County Buildings



Request for approval of members to the Selection Committee to review and approve the proposals submitted for the design build of the Intermediate Storage and Transport Facility, as follows.



Commr. Richard Swartz

Mr. Pete Wahl, County Manager

Mr. Mike Anderson, Director, Facilities & Capital Improvements

Mr. Ron Roche, Director, Solid Waste Management Division

Mr. Don Griffey, Director of Engineering

Mr. Gary Debo, Construction Contract Manager

Mr. Steve Hiney, Recycling Coordinator



Contracts, Leases & Agreements/Solid Waste



Request for approval of a Non-Exclusive Commercial Recovered Material Franchise Agreement with Industrial Waste Services; and to extend the term of the Agreement until September 30, 1995.



Accounts Allowed/State Agencies/Office of Tourism



Request for approval to assist State of Florida in a special research project to study the causes of the downward trend in tourism for the State of Florida in the amount of $1,000.00.



CONTRACTS, LEASES & AGREEMENTS/INSURANCE

Mr. Pete Wahl, County Manager, presented this request, and introduced the members of the Health Benefits Review Committee that were present, as follows: Commr. Welton G. Cadwell; Ms. Claire Bartlett, Solid Waste Management Services/Solid Waste Operations; Mr. Tom Elmore, Facilities & Capital Improvements/Building Maintenance; Mr. Wayne Hamilton, Risk Manager; Ms. Lois Martin, Director of Human Resources; Ms. Melissa Newman, acting as alternate to the County Manager; and Ms. Renee James, representing the Lake County Water Authority.

Mr. Wayne Hamilton, Risk Manager, expressed his appreciation to the Health Benefits Review Committee for an outstanding job in preparing the recommendation before the Board this date.

At this time, Ms. Melissa Newman expressed appreciation on behalf of the Committee to Mr. Pete Wahl, County Manager, and the Lake County Board of County Commissioners for realizing that the employees of Lake County have an important voice in the matters of the County. She further expressed appreciation to Ms. Terri Davis for acting as recording secretary, and to Mr. Hamilton, for acting as the Committee's advisor. She explained that approximately 60 proposals were received encompassing all levels of provider services, and the scope of the Committee's task was overwhelming. She explained that the Committee heard initial presentations by three health care providers: Humana Health Care Plans, Washington National Insurance Company, and The Principal Financial Group. She stated that the Committee ranked the medical, life, and AD&D proposals and selected, for recommendation to the Board, providers for the long term disability and dental proposals, and the top three medical providers were ranked, as follows: 1) Humana Health Care Plans; 2) Washington National Insurance Company; and 3) The Principal Financial Group. She stated that the Committee recommends to the Board the number one ranked proposal submitted by Humana Health Care Plans, which has a dual option of an insured HMO and PPO plan. At this time, she discussed the HMO plan and the PPO plan, which also provides benefits out-of-network with an individual deductible of $200.00, and family deductibles of $600.00, for the period of January 1, 1995 to January 1, 1996.

Ms. Newman discussed an Agent of Record for Lake County and stated that the Committee recommends against appointing and paying an agent to represent the County on the medical plan.

Ms. Newman stated that the Committee recommends the number one ranked proposal submitted by Humana Health Care Plans, which includes life and AD&D underwritten by The American Life Assurance Company, with Life and AD&D to be one times the employee's annual salary with a $20,000.00 minimum. She stated that the Committee recommends Provident Life & Accident Insurance Company, as submitted, by Wittner Company, to provide the Long Term Disability

insurance. She further stated that the Committee recommends The American Dental Plans, the Presidential Prepaid Plan, and the DDC93 PPO, which also provides benefits out-of-network, as presented by Wittner Company.

Ms. Newman stated that Funding & Added Employer Paid Benefits were as follows:

1) Employer contributions remains at $300.00 per month per authorized regular full-time and part-time positions for health and life insurance coverage;



2) employee paid dependent contribution remains at $75.00 per month for health insurance coverage;



3) the inclusion of Employer paid Long Term Disability for all eligible employees;



4) the inclusion of Employer paid Dental insurance for all eligible employees only; and



5) employee paid dependent contribution for Dental insurance.

Ms. Newman stated that the Committee discussed and, by motion, requested assurance from the Board that all monies collected to fund the group plans would only be used for those plans and that any excess be retained and carried forward into the ensuing fiscal year(s), and reserved for use to offset future costs to the group plans.

Ms. Newman explained that the action requested this date by the Board was approval of the recommendations of the Health Benefits Review Committee, as presented, and authorization for the Chairman to sign applications, policies, and contracts relating to the recommendations, subject to County Attorney review and approval.

Commr. Cadwell stated that one of his major concerns was that the Board find stability in the County's health insurance. He stated that he would support the recommendation of the Health Benefits Review Committee, and suggested that the issue in regard to reserves for Group Health Insurance Programs be addressed separately.

At this time, the Health Benefits Review Committee addressed questions presented by the Board pertaining to the benefits presented this date.

Commr. Cadwell made a motion, which was seconded by Commr. Gerber, to approve the recommendations of the Health Benefits Review for group insurance and related services for the Calendar Year 1995, excluding Item No. F, Reserves for Group Health Insurance Programs; and authorization for the Chairman to sign applications, policies and contracts relating to the recommendations; subject to final review and approval by the County Attorney.

Commr. Gerber noted that the insurance funds are to be used only for insurance benefits for the employees.

Commr. Swartz stated that it was important that the County recognize there will be inconsistent costs in the health care industry, and a reserve will be necessary. He noted that the time may come when the Board may wish to look at reserves for Group Health Insurance Programs.

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

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

ROAD PROJECTS/COMMITTEES

Mr. Jim Stivender, Senior Director of Public Services, appeared before the Board to present this request.

Commr. Swartz questioned if the County had the ability to terminate the contract with Reynolds, Smith & Hills, Inc. at the end of Phase I regardless of whether the road was found to be unwarranted. He stated that he would support the contract with the assurance from the County Attorney that the contract would allow for the ability to terminate said contract after Phase I.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request to award Lake County North-South Bypass contract to Reynolds, Smith & Hills, Inc., with the assurance that the County has the ability to

terminate the contract after Phase I; and authorization for the Chairman to sign the contract, in the amount of $399,884.96; subject to final review and approval by the County Attorney.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

Mr. Jim Stivender, Senior Director of Public Services, appeared before the Board to present this request.

Commr. Swartz discussed Section 6. of the Agreement Between Lake County and Harbor Hills Development, Ltd. for Construction Improvements related to Lake Griffin Road and Griffin View Drive, and questioned what the PUD Ordinance stated in regard to the cost of County road improvements.

Mr. Stivender explained that the PUD Ordinance for Harbor Hills Development, Ltd. stated that Gray's Airport to the south entrance would be paved. He stated that the County would be complimenting funds from the Developer with other funds to make a project which exceeds the safety requirements of the original PUD. He stated that staff was comfortable that $202,000.00 was a proper cost associated with requirements of the original PUD.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Agreement Between Lake County and Harbor Hills Development, Ltd. for construction improvements related to Lake Griffin Road (#5-7611) and Griffin View Drive (#5-7212). ($202,000.00 revenue).

ASSESSMENTS/CLERK/TAX COLLECTOR

Mr. Pete Wahl, County Manager, presented this request and stated that the Board had received a memorandum from Mr. Tim P. Hoban, Senior Assistant County Attorney, date November 2, 1994, outlining the issue of Municipal Service Benefit Units and Road Assessments.

Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board to discuss the above mentioned memorandum, and explained that Issue I, Establishment of MSBU's, was pertaining to the time frame for establishing MSBUs. He stated that authorization was needed for a public hearing to be held in

December for the purpose of allowing the Road Assessment MSBUs on the 1995 tax bill, and noted that the example cited, in the above noted memorandum, on how to adopt MSBUs on future plats was inaccurate. At this time, he reviewed the actions required for the establishment of MSBU procedures. He discussed Issue III, Road Special Assessments - Delinquent Installments, and explained that Lake County has $545,979.78 in the Road Special Assessment Program, of which only $136,031.23 was current. He explained that a Road Special Assessment, which was less than seven years old was defined as being delinquent if the property owner has missed one or more yearly payment, and one or more yearly payments are not yet due. He further explained that a Road Special Assessment, which was more than seven years old, was defined as being delinquent if the property owner has missed one or more yearly payment and no more yearly payments are due. He stated that T. Keith Hall, Tax Collector, has agreed to put the current assessments on the tax bill as of November 1995; however, the County would be responsible for the delinquent assessments.

Mr. Frank Gaylord, County Attorney, discussed the issue of collecting the delinquent assessments which are more than seven years old and recommended that the Board generate a series of letters to those who have forgotten to pay the assessment and are willing to do so prior to the institution of a lawsuit. He stated that the County would proceed to reduce those that do not respond within a timely fashion to judgment. He stated that the County Attorney's office does not have the capabilities to generate a title search on said parcels, and noted that the ordinance provides for the collection of reasonable Attorney's fees for collecting the assessments. He recommended that a Request for Proposal (RFP) be prepared for the purpose of obtaining an Attorney who would accept those with the understanding that Attorney fees would be paid from the proceeds of the sale. He discussed the issue of collecting those assessments that are less than seven years old and the property owner has missed one or more payments, and recommended

that the Board generate a letter informing them that they have missed one or more payments, and to please send a payment. At this time, Mr. Gaylord recommended that the Board proceed with the institution of legal action against those Road Special Assessments that are more than seven years delinquent by January 15, 1995.

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to discuss the ability to put the current assessments on the tax bill.

It was noted that Mr. Ed Havill, Property Appraiser, and Mr. T. Keith Hall, Tax Collector, were present in the audience.

Commr. Cadwell made a motion, which was seconded by Commr. Swartz, to authorize publication of a Notice of Intent for four consecutive weeks; to authorize December 13, 1994, at 9:00 a.m., as the date and time to hold a public hearing to adopt a Notice of Intent resolution; to authorize staff to negotiate interlocal agreements with the Tax Collector and Property Appraiser; and to direct staff to prepare MSBU resolutions on three or four plats to be reviewed at a Board of County Commissioners workshop on the first or second meeting in January 1995.

Mr. Hoban clarified that the County could adopt a MSBU on a plat in January 1995; however, the County could not put said assessment on the November 1995 tax bill; however, options would be available on how to internally bill in November 1995.

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

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved to authorize staff to develop proposed amendments to the Lake County Road Policies and Article III, Chapter 18, Lake County Code, in regard to Current (Non-Delinquent) Installments, Issue II, to be reviewed by the Board of County Commissioners on the first or second meeting in January 1995.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved to authorize staff to

proceed with collection of delinquent Road Special Assessments more than seven years old, and those less than seven years old; to proceed with legal action against those that are more than seven years old by January 15, 1995; and to proceed with a Request for

Proposal (RFP) for the purpose of obtaining an Attorney to assume the responsibility of performing the title searches on properties

that are more than seven years old.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved to authorize staff to develop proposed amendments to the Lake County Road Policies and Article III, Chapter 18, Lake County Code, in regard to Interest Rates, Issue IV, to be reviewed by the Board of County Commissioners on the first or second meeting in January 1995.

RECESS AND REASSEMBLY

At 11:30 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 11:40 a.m.

ACCOUNTS ALLOWED/OFFICE OF TOURISM

Commr. Swartz stated that he has reviewed the background information on the request to increase the advertising and promotional budget for Fiscal Year 1994-1995 to better promote the tourism industry in Lake County. He stated that he had requested that Mr. Dave Warren, Tourist Development Coordinator, postpone this request due to Mr. Warren being out of the Country at this time, and due to this being a significant budgetary change. He requested that the Board postpone this request until a date when the new Board has been seated and the Director of Tourist Development was present.

Commr. Hanson stated that the Tourist Development Council has approved this request, and it was in the best interest of the County to move forward at this time.

Ms. Fran Matthews, Cramer-Krasselt, and Patrick Quinn, Account Executive, Cramer-Krasselt, appeared before the Board to briefly discuss the request for approval to increase the advertising and promotional budget to better promote the tourism industry in Lake

County. Ms. Matthews stated that they have discovered that some of the major markets have dramatically declined, specifically the Canadian market, and competition has increased dramatically for the tourist market in Lake County. She stated that the plan before the Board this date addresses the Central Florida Corridor that expands to Tampa for short term travel, and penetration into the Northeastern markets that traditionally feed Florida. She stated that Lake County would not be prepared for the summer months if the County does not move forward at this time.

Commr. Gerber expressed her concern with the proposed Kodak Funtime Promotion whereby Lake County would receive increased awareness by having their image included on the packaging of the Kodak disposable camera; at which time Ms. Matthews explained that the idea behind the Kodak promotion was to supplement the photo library, and noted that said promotion was no longer being considered.

Ms. Matthews stated that the original contract was, in the amount of $75,000.00; however, Mr. Warren had separate line items that correspond to the line items in the newly proposed budget. She stated that the total dollar increase was in the amount of $149,894.80.

Commr. Hanson stated that the Tourist Development Council was hesitant to increase the budget but was convinced, after an indepth presentation, that the money would be well spent and that it was important that Lake County be on the cutting edge in advertisement if the County was going to be active in the tourism industry.

Commr. Swartz expressed concern that, by approving the request before the Board at this time, the County would be spending in excess of the collections from the resort tax for promotional items. He suggested that an appropriate approach would be to redirect some of the advertising efforts rather than spend additional money.

Commr. Bailey stated that the County has done well in the tourism industry and has a responsibility to promote said industry.

He stated that the County will far exceed the cost of the monies being spent to bring tourism into the County.

Mr. Pete Wahl, County Manager, noted that the Tourist Development Council's budget for Fiscal Year 1994-1995 was, in the amount of $461,700.20, and the promotional budget identified in the budget summary was currently $206,412.00 prior to the action being proposed this date.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board approved to increase the advertising and promotional budget for Fiscal Year 1994-1995 to better promote the tourism industry in Lake County in the amount of $149,895.00.

The motion carried by a 4 - 1 vote.

Commr. Swartz voted "No".

PUBLIC HEARINGS/TIMES CERTAIN

ZONING

PETITION NO. 69-86E-2 MAJOR AMEND. TO RESOLUTION NO. 1994-153

JOHN A. PRINGLE

Mr. Greg Stubbs, Director of Development Regulations Services Division, appeared before the Board to present a request for a major amendment to Resolution No. 1994-153 to add approximately 271 acres to the project and relocate 300 recreational vehicle sites, and stated that action on this request had been postponed by the Board previously in an effort to work with the Department of Community Affairs (DCA). He noted that Mr. Tony Dominski, Department of Community Affairs, was present to address questions presented by the Board. At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, Director of Development Regulations Services Division; and Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services.

Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services, appeared before the Board and stated that County staff had meet with the Department of Community Affairs and presented data indicating that other lands on property in Lake County were lands that were taken out of development potential. He

noted that it was anticipated that DCA would sign off on the Comprehensive Plan change.

Mr. Frank Gaylord, County Attorney, stated that he was present at said meeting with DCA, and it was agreed that the existing base line of population projection would be present, and that, as the project worked through the process, there would be the responsibility to reflect that some density was removed from the map which would allow other density to be put onto the map.

At this time, Commr. Hanson opened the public hearing portion of the meeting.

Mr. Steven Richey, Attorney, representing John A. Pringle, appeared before the Board and stated that before the Board this date was an amendment to the Planned Unit Development (PUD), adding additional lands, which was the subject of the April 11, 1994 notice to the state of a non-substantial change to the thresholds of the DRI. He stated that, if the Board were to determine that the 271 acres were not a substantial change, said amendment to the PUD would be necessary. He stated that language has been added to the amendment which states that adding the additional lands would be subject to language in the Lake County Comprehensive Plan. He stated that he has represented to the Board that the applicant proposes to delete 300 recreational vehicles (R.V.) and convert said R.V.s to single family residential. He discussed the four issues of concern that were expressed by DCA, and stated that the request for an Archeological Study has been performed; the request to change the R.V.s to houses has been deleted; DCA has been provided information on the habitat and plant life; and additional language has been added to the PUD that clarifies that action approved this date would tie the 271 acres to the Lake County Comprehensive Plan as amended.

At this time, Mr. Stubbs distributed a site plan of the proposed project (County Exhibit 1) to the Board for their review, at which time extensive discussion occurred in regard to the site

plan, and the location of the R.V.s and conventional homes on the property.

Mr. John Pringle, the applicant, appeared before the Board to discuss the site plan; at which time, the oath was administered by the Deputy Clerk. He stated that he would be willing to strike the proposed R.V.s., if an agreement could be reached in regard to what a reasonable substitution would be for residential homes versus R.V.s.

At this time, the oath was administered by the Deputy Clerk to Mr. Ronald P. Manley, Canin & Associations, and Mr. Tony Dominski, Department of Community Affairs.

Mr. Ronald Manley, Canin & Associations, appeared before the Board to address questions presented by Mr. Richey and testified that the net amount of acreage for the residential dwellings, minus the golf course, and wetlands, was approximately 121 acres of the 271 total acres. He stated that approximately 152 acres would go into open space preservation, and that the gross density, with the additional land, was 2.3 building units per acre, and the net increases to approximately 3 or 4 units per acre. He testified that the applicant was meeting or exceeding Lake County environmental requirements, and the Lake County Land Development Regulations.

Mr. Tony Dominski, Development of Community Affairs, appeared before the Board and stated that it was DCA's agreement that acreage would be reflected as reducing the population projection on the acreage, and it was agreed that, at this point, there would be a moving tally that would act as an accounting system. He stated that DCA was reviewing the figures and acreage to determine if they answer the objection to the initial Comprehensive Plan Amendment. He clarified that there was an agreement in principal, and stated that he was present this date for the purpose of providing the right to appeal if an agreement was not reached because the Development Order would not be consistent with the Lake County Comprehensive Plan.

Commr. Swartz brought up for discussion the original size of the area originally planned for the R.V.s; at which time, Mr. Richey referred to the site plan on the original Development of Regional Impact, dated 1987. Mr. Richey discussed the Development Order and stated that Phase I would consist of 768 units, and Phase II would consist of 732 units, because the ability to build was based on the phasing and levels of development, and the traffic studies to be performed. He stated that language has been added to the Development Order, as follows: 3. A. 1 (e) - additional lands being added to the existing PUD shall be limited in use of the density and intensity permitted by the Comprehensive Plan as amended. He stated that additional language has been added, on Page 15 of the Development Order, in regard to the bike path, as follows: Paragraph 4. - in the interest of safety, the applicant shall connect internal bicycle systems to the external bicycle system if present, and the provision for bicycle traffic to nearby external residential areas shall be considered. Construction standards shall conform to the latest state criteria. Paragraph 7 - Eight foot pedestrian walkway on one side of all internal collector roads shall be constructed in accordance with the Lake County Land Development Regulations, and sidewalks shall be constructed with the Lake County Land Development Regulations.

Mr. Tim Hoban, Senior Assistant County Attorney, stated, for the record, that there would be two minor setback changes, and that the site plan has been identified as the August 26, 1994 site plan. Mr. Stubbs interjected, for clarification, that the site plan was identified as the September 22, 1994 revised site plan.

Mr. Craig Willis, Alternative Transportation Specialist, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Willis responded to questions presented by Mr. Richey and confirmed that the changes proposed in the Development Order in regard to the eight (8) foot sidewalks, and the sidewalks and bike path provisions, meet the Lake County Land Development Regulations.

No one present wished to speak in opposition to this request.

Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to approve the determination that the request for a major amendment to Resolution No. 1994-153 to add approximately 271 acres to the project and relocate 300 recreational vehicle sites was a non-substantial change.

Commr. Swartz stated that he voted against grandfathering this project as a Development of Regional Impact (DRI) because it was in a land use designation that made it inconsistent with the Lake County Comprehensive Plan, and it remains inconsistent. He further stated that he voted against the Comprehensive Plan Amendment that would provide for adding approximately 271 acres, and provide that they be given densities in excess of that which the Comprehensive Plan allows at this time because there was no Data Inventory Analysis that could justify said action. He stated that the densities that are being created, and the land that was allocated, should be placed on top of those properties where individuals are required to aggregate over existing platted lots at densities that are not consistent with what the historical development patterns have been. He stated that this request was a substantial change in the PUD.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a major amendment to Resolution No. 1994-153 to add approximately 271 acres to the project and relocate 300 recreational vehicle sites, as amended; subject to the final review and approval by the County Attorney - Resolution No. 1994-235.

The motion carried by a 4 - 1 vote.

Commr. Swartz voted "No".



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY BUILDINGS

Mr. Pete Wahl, County Manager, presented this request.

Mr. Mike Anderson, Director of Facilities & Capital Improvements, appeared before the Board and presented the request for approval of the interior color selections of the various components used throughout the renovation of the Sheriff's Office Building, the Lake County Administration Building, and Historic Courthouse.

Mr. Terry Short, Odell & Associates, appeared before the Board to present the architect's recommendation on the interior color selections, and stated that the color samples do not indicate any fabrics that would be on any furniture, and do not include colors in the historical restoration of the Historic Courthouse. At this time, he presented color samples of the proposed carpeting, wall coverings, and painted surfaces; at which time the Board requested that the painted trim around the doors match the border of the carpet, and that the carpet in the Commissioner's offices be a light color than that being proposed.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried, the Board approved the interior color selections of the various components used throughout the renovation of the Sheriff's Office Building, the Lake County Administration Building, and Historic Courthouse, as amended.

The motion carried by a 4 - 0 vote.

Commr. Bailey was not present for the discussion or vote.

RECESS & REASSEMBLY

At 1:05 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

SHERIFF'S DEPARTMENT

Mr. Pete Wahl, County Manager, presented the request for approval of a Lease Agreement between the City of Clermont and the

County for the use of the old police station to be used as the Sheriff's South Lake County substation, and stated that the estimated total renovation was, in the amount of $15,000.00, and the City of Clermont would be leasing the old police station to the County for $5.00 per square foot. He stated that Section 6, of the Lease Agreement, should be modified to eliminate the word "existing" before the word "plumbing", and to insert to code after "parking area".

Mr. Mike Anderson, Director of Facilities & Capital Improvements, was present to address questions presented by the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for approval of the Lease Agreement Between the City of Clermont and Lake County for the use of the old police station to be used as the Sheriff's South Lake County substation, as amended; plus renovation costs estimated at $15,000.00; subject to final review and approval by the County Attorney.

ACCOUNTS ALLOWED/COUNTY BUILDINGS

Mr. Pete Wahl, County Manager, presented this request.

Mr. Mike Anderson, Director of Facilities & Capital Improvements, was present to address questions presented by the Board.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a Change Order to Metric's GMP Contract for the repair of interior plaster around the windows of the Lake County Administration Building; and repair to be done on a time and material basis at a cost not to exceed $35,000.00.

ACCOUNTS ALLOWED/COUNTY BUILDINGS/COMMUNICATIONS

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

Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve a Change Order to Metric's GMP contract for the installation of dedicated conduit for the Dictaphone system on the

third floor of the Lake County Administration Building at a lump sum of $1,652.00.

In response to a question presented by Commr. Gerber, Mr. Anderson stated that the current equipment was working well, and it was determined to relocate the current equipment in lieu of purchasing an advanced system.

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

CLERK/COUNTY EMPLOYEES/HUMAN RESOURCES

Mr. Pete Wahl, County Manager, presented the request for approval of the Direct Deposit Employee Program.

Ms. Lois Martin, Director of Human Resources, was present to address questions pertaining to this request.

Ms. Barbara Lehman, Chief Deputy Clerk, Finance & Audit Department, discussed the costs associated with the Direct Deposit Employee Program.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the Direct Deposit Employee Program; and requested James C. Watkins, Clerk of the Circuit Court, to begin the necessary processes for the implementation of the Direct Deposit Employee Program.

COUNTY PROPERTY/ENVIRONMENTAL MANAGEMENT

Mr. Pete Wahl, County Manager, presented this request.

Mr. James E. Barker, Jr., Environmental Management Director, was present to address questions pertaining to this request.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to delete computer equipment from the Board of County Commissioners Property Record System; and to donate this equipment to Lake-Sumter Community College in exchange for computer classes.

COMMITTEES/RESOLUTIONS

Mr. John A. Cento, Planner II, Planning and Development Division, appeared before the Board and explained that the terms of the nine members of the Lake County Affordable Housing Advisory

Committee would expire November 23, 1994, and appointments at this time would allow said committee to continue operation.

Commr. Hanson expressed concern that she was not familiar with the two applicants that have applied to replace Mr. Mark Ricker, who has indicated that he would no longer be able to serve on the committee.

Commr. Swartz suggested that the Board reappoint those members who have expressed an interest in continuing to serve on the committee and to postpone the appointment to the category of "resident who is a representative of those areas of labor engaged in home building".

Commr. Hanson directed Mr. Cento to schedule a meeting with the two applicants that have shown an interest in serving on the Lake County Affordable Housing Advisory Committee.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved Resolution No. 1994-238, reappointing the following members of the Lake County Affordable Housing Advisory Committee, providing for term of office, and providing for an effective date:

Commr. Catherine C. Hanson - County Commissioner

Carl R. Ludecke - representing "Resident who is actively engaged in the residential home building industry";

Mike Cox - representing "Resident who is actively engaged in the banking or mortgage banking industry";



Ann Hall - representing "Resident who is designated as an advocate for low-income person";



Ruth Pelham - representing "Resident who is a provider of affordable housing";



Rosemary Bennett - representing "Resident who is a real estate professional";



Lee Hokr - representative of the Lake County League of Cities";



James Dean - representative from the "Farmers Home Administration".



ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE

Mr. Pete Wahl, County Manager, presented this request.

Mr. Ron Roche, Director of Solid Waste Division, appeared before the Board to discuss the proposal from Ogden Martin Systems of Lake, Inc. regarding the installation of a Mercury Emissions Control System. He stated that the installation of the mercury emissions abatement equipment was required by state law to be in

place by July 1995. He stated that the capital cost has been negotiated down to $1,100,000.00 from $1,400,000.00; and the operation cost was also negotiated down from $.75 per ton of MSW (Municipal Solid Waste) processed to $.60 per ton of MSW processed. He further stated that staff has negotiated a rate for the use of carbon between boiler unit No. 1 and No. 2.

Commr. Swartz stated that he would like the opportunity to discuss this issue in a workshop to assure that all alternatives have been explored, and that this was the best alternative. He stated that he would like to discuss what was being performed in Pasco County, what was allowable in the regulations which would be producing or meeting emission standards by using waste separation, and his concern with retrofitting. He requested that staff provide the Board with the information and analyses that have been conducted in looking at alternatives and costs.

Commr. Cadwell stated that he would support discussing this issue in a workshop and recommended that the Board continue to do what was required to make the facility work the best that it can for the citizens of Lake County.

Mr. Steve Bass, Regional Vice President, Ogden Martin Systems of Lake, Inc., appeared before the Board and stated that the installation of the mercury emission abatement equipment, and the testing, was required to be completed by July 1995. He explained that the only technology available for treatment of mercury emissions was carbon injection; at which time he explained that the three methods of injecting said carbon into the system were dry, wet, and mixing carbon with a lime that was already being injected in the scrubber. He discussed the Pasco County facility and stated that the discussions with the state, in regard to Pasco County,

included consideration of a mixture called sorbolime, which was a mixture of lime and carbon; however, through discussions it became apparent that said mixture would not be cost efficient. He discussed the time frame for the installation of the system and explained that Ogden Martin Systems of Lake had only seven months to be in compliance, and it was questionable, if the Board approved this request this date, that the system could be installed by the July 1995 deadline.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone the request for approval of the Mercury Emissions Control System proposal from Ogden Martin Systems of Lake, Inc.; to reschedule said request as soon after November 22, 1994 as possible; staff to provide the Board, in a timely fashion, research and information that was available relative to any other systems or approaches, including the separation approach, and examples of methods being used by other facilities.

At this time, it was the decision of the Board to schedule a workshop on November 29, 1994, at 1:00 p.m. or as soon thereafter, for the purpose of discussion on the Mercury Emissions Control System proposal from Ogden Martin Systems of Lake, Inc.

ADDENDUM NO. I

REPORTS

Commissioner Cadwell - District No. 5

Commr. Cadwell presented the Lease Agreement Between Lake County and Sunrise A.R.C. of Lake County, Inc. Relating to Lake County Property.

Mr. Frank Gaylord, County Attorney, explained that it was determined that it was not feasible to use the property, commonly known as Grand Island Fire Station #52, as a child care center; therefore, it has been converted into administrative office buildings, and the lease has been revised to reflect said use.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved Amendment to Lease

Agreement Between Lake County and Sunrise A.R.C. of Lake County, Inc. Relating to Lake County Property.

ROADS-COUNTY & STATE/DEEDS

Commr. Cadwell presented this request.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following recommendation on the release of Murphy Act State Road Reservation:

Deed No: 1466

Applicant: Robert L. Ewigleben

Location: Emery Heights Subdivision, Howey-in-the-Hills

Recommend: Reserve 30 feet from centerline of Palmetto Avenue, per letter from Mayor Duane Gorgas.



REPORTS

LANDFILLS/MUNICIPALITIES

Mr. Frank Gaylord, County Attorney, presented this request.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to transmit Quit-Claim Deed to the City of Umatilla for signature for the Umatilla Landfill property.

ACCOUNTS ALLOWED/COUNTY PROPERTY/LANDFILLS

Mr. Frank Gaylord, County Attorney, presented this request.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request for authorization to offer Mr. Leonard Phillips, Green Thumb Garden Center Corporation, $42,000.00 for the purchase of property for the Lady Lake Landfill; and authorization for the Chairman to sign the necessary documentation.

COUNTY MANAGER/EMERGENCY MANAGEMENT

Mr. Pete Wahl, County Manager, presented a Tropical Storm Gordon update to the Board for their review and stated that County staff has been put on standby basis, and the storm was being monitored.

Commissioner Gerber - District No. 1

PLANNING & DEVELOPMENT

Commr. Gerber brought up for discussion a joint meeting between the Lake County School Board, the Superintendent of Lake

County Schools, the County Manager, and the Board of County Commissioners for the purpose of discussing the benefits of an Education Element to the Lake County Comprehensive Plan. She stated that she has requested Mr. Mark Knight, Chief Planner, Planning & Development Regulations, to research other Comprehensive Plans in the State of Florida to determine if they have an Education Element and what issues where included in said element.

It was the consensus of the Board to begin discussions with the Lake County School Board, Superintendent of Lake County Schools, and County Manager for the purpose of discussing the benefits of an Education Element to the Lake County Comprehensive Plan; and to appoint Commr. Gerber to act as Liaison Commissioner.

Commissioner Bailey - District No. 2

COMMITTEES

Commr. Bailey stated that the Industrial Development Authority has requested that he present to the Board discussion on the feasibility of locating the Agricultural Museum at Lake County Central Park, and to consider including the Agricultural Museum in the Feasibility Study for the Expo Center.

Mr. Alvin Jackson, Industrial Development Coordinator, appeared before the Board and explained that the Agricultural Museum was considering relocating to the Central Florida area, and the Agricultural Museum Committee was in the process of searching for a site along a major highway and for a donation of 200 acres of land for the museum. He stated that it was indicated that 200 acres along I-75 and S.R. 434 had been donated; however, the transaction did not take place, and the new Executive Director of the Agricultural Museum has indicated that a systematic method of selecting a site in Central Florida was in the process of being developed. He stated that this issue was presented to the Industrial Development Authority, and the IDA has submitted a letter indicating an interest in the opportunity to review the criteria when it becomes available. He clarified that the criteria for the acreage required has not been established at this time.

Commissioner Hanson - Chairman and District No. 4

COMMISSIONERS

Commr. Hanson expressed hope that the Board would work to build a consensus during the next few years, and that she looks forward to a productive four years and an exciting time for Lake County as the Board moves forward with many opportunities for the County.

COUNTY MANAGER/CONTRACTS, LEASES & AGREEMENTS

Mr. Pete Wahl, County Manager, presented a memorandum to the Lake County Board of County Commissioners, dated November 14, 1994, in regard to the termination of his Employment Contract, at which time he read said memorandum.

Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve the request to add to the agenda discussion of the memorandum, dated November 14, 1994, in regard to Mr. Pete Wahl's Employment Contract with Lake County.

Commr. Swartz stated that the new Board should have the opportunity to address this issue, and determine the appropriate action to take in regard to this issue.

Commr. Bailey stated that he supports the request to add this issue on the agenda, and that action should be taken at this time to be fair to Mr. Wahl and to Lake County. He stated that the Board needs to move forward on a positive note.

Commr. Gerber stated that she would support the motion to add this request to the agenda; however, would not support the motion to terminate the Employment Contract with Mr. Wahl because the Board would be second guessing Commissioner Elect Bill Good.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

Commr. Cadwell stated that he has had discussion with Mr. Wahl, and he would support accepting the termination of Mr. Wahl's Employment Contract at this time.

Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to accept the termination of Mr. Wahl, and the following actions as outlined in a memorandum, dated November 14, 1994:

1. The Lake County Board of County Commissioners exercises its option to terminate the employment contract with Peter F. Wahl, effective close of business on March 3, 1995 without prejudice;



2. The Lake County Board of County Commissioners directs staff to comply with the contractual terms and conditions related to termination and severance, effective on that date; and



3. The Lake County Board of County Commissioners further directs that the Human Resources Director effect such actions as may be necessary to advertise for applications from persons interested in and qualified for the County Manager's position.



Commr. Hanson expressed her reluctance to move forward with the termination of Mr. Wahl's Employment Contract, and stated that Mr. Wahl has become an active member of Lake County, and his termination will become Lake County's loss.

Commr. Swartz expressed his concern with entering into an agreement with Mr. Wahl as outlined in the memorandum dated November 14, 1995. He stated that the new Board should have the option of determining whether they want a different management style. He stated that he would support a motion that would terminate the employment contract with Mr. Wahl effective at the close of business on January 1, 1994 under the same terms outlined in the memorandum, which would allow the new Board the option to move forward with the government of Lake County in which ever fashion it prefers.

Commr. Cadwell noted that Mr. Wahl was a professional and would continue to manager the County in an appropriate manner until such time that a new County Manager was hired, or the majority of the Board determines not to terminate Mr. Wahl's Employment Contract.

Mr. Ed Havill, Property Appraiser, appeared before the Board to discuss his feelings in regard to the termination of Mr. Pete Wahl and stated that Mr. Wahl was an outstanding county manager,

and deserves the consideration of having until March 3, 1995 to terminate his Employment Contract.

Sheriff George E. Knupp, Jr., Lake County Sheriff, appeared before the Board and expressed his concern with the termination of Mr. Pete Wahl, and discussed the positive actions that have occurred with the help of Mr. Wahl as County Mananger. He stated that the taxpayers have the right to expect each of the Commissioners, as individuals, to make individual decisions, and each individual has to make a decision whether to terminate the Employment Contract of the County Manager. He stated that he has not always agreed with Mr. Wahl; however, noted that he can work with him, and he speaks for all of the Constitutional Officers. At this time, he asked each of the Commissioners to search their hearts, and souls before they make the decision to replace Mr. Pete Wahl as County Manager.

The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.

Commr. Gerber and Commr. Swartz voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:25 p.m.

CATHERINE C. HANSON, CHAIRMAN







ATTEST:







JAMES C. WATKINS, CLERK



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