BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 6, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, January 6, 1998, 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; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, Director of Continuous Quality Improvement; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance Department; and Marlene S. Foran, Deputy Clerk.

Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that a published addendum had been added to the agenda.

Mr. James C. Watkins, Clerk, informed the Board that an addendum had been added to the Clerk's agenda.

Commr. Hanson made a motion to place on the agenda discussion on the issue of requesting a second opinion from the Attorney General on nepotism as it pertains to volunteerism as an emergency item under Reports.

The motion failed for a lack of a second.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests:

Accounts Allowed/Budget Transfers/Resolutions

1. Budget Adjustments for FY 97/98 from the Office of County Finance, as follows:

A. Resolutions:

1. Fund: Law Enforcement Trust

Department: Constitutional Officer/Sheriff

Revenue: Confiscated Property $11,520

Expenditure: Aids to Government Agencies $11,520

Amendment #: 98-060

Justification: Resolution No. 1998-2 to receive unanticipated revenue from confiscated property revenue. Pursuant to the Florida Contraband Forfeiture Act, all monies received shall be budgeted to the Sheriff.

2. Fund: County Transportation Trust

Department: Public Works

Revenue: LAP Projects $139,000

Expenditure: LAP Projects $139,000

Amendment #: 98-061

Justification: Resolution No. 1998-3 to receive unanticipated revenue from the Federal Highway Administration for construction of sidewalks through the LAP program.

B. Transfers:

1. Fund: General

Department: Facilities and Capital Improvements

From: Contingency $2,360

To: Repair & Maintenance $2,360

Transfer #: 98-062

Justification: To replace funds which had to be used to purchase a walk-through metal detector used for security in the Judicial Center.

2. Fund: General

Department: County Attorney

From: Contingency $11,500

To: Other Current Charges $11,500

Transfer #: 98-063

Justification: Funds needed to pay the Tax Collector's Office for applications for tax deed by Lake County on all parcels except homestead on property valued greater then $5,000 and homestead property where total taxes due are greater than $100.

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Paul Morris Dinkins, Jr., in the amount of $250.00, Case No.89-1740CFA, and authorized proper signature on same.

Bonds - Contractor

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

New

5396-98 Steven C. Douglas dba Signs City

5579-98 Rayson and Company, Inc. (General Contractor)

5580-97 Donald G. Meyer/D.G. Meyer, Inc.

5590-98 Joseph G. Russell dba Russell Aluminum

5591-98 William M. Lynch, III (General)

Reinstatement

5533-97 Robert G. Houghteling dba Houghteling Construction

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.

Accounts Allowed/Reports

Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending November 30, 1997. Disbursement made to Board: $129,295.21; Same period last year: $161,987.11.

State Agencies/Meetings

Request to acknowledge receipt of Florida Department of Transportation public information workshop on proposed improvements to SR 500 (US 441) in Tavares to be held December 3, 1997.

Audits/Reports/State Agencies

Request to acknowledge receipt of State of Florida Auditor General Report No. 13091, Financial Statements of the District Board of Trustees Lake-Sumter Community College fiscal year ended June 30, 1997.

Municipalities/Ordinances

Request to acknowledge receipt of City of Clermont Annexation Ordinance No. 330-M providing for annexation of a certain parcel of land contiguous to the present city boundaries; passed and ordained by the City Council of the City of Clermont on November 25, 1997.

Municipalities/Ordinances

Request to acknowledge receipt of City of Tavares Annexation Ordinance No. 97-18 amending the boundaries of the City of Tavares by including within the city limits property generally described as approximately 10 acres located south of Dead River Road and west of the intersection of Dead River Road and Rosewood Lane; passed and ordained by the City Council of the City of Tavares, Florida on December 3, 1997.

Municipalities/Ordinances

Request to acknowledge receipt of City of Eustis Annexation Ordinance No. 97-31 annexing into the corporate limits of the City of Eustis, Florida, a single family residence at 15831 Dora Avenue, between Dillard Road and Kurt Street; passed and ordained by the City Commission of the City of Eustis, Florida on December 4, 1997.

Municipalities/Ordinances

Request to acknowledge receipt of City of Fruitland Park Ordinance No. 97-009 providing for the annexation of property generally located east of the intersection of new U.S. Highway 441/27 and Gray's Airport Road, Fruitland Park, Florida; and generally know as the Logan property; providing for C-2 (General Commercial) zoning of the property; passed and ordained by the City Commission of the City of Fruitland Park on December 11, 1997.

Municipalities/Ordinances

Request to acknowledge receipt of the following Town of Lady Lake Ordinances:

Town of Lady Lake Ordinance No. 94-16, amending the Lady Lake Future Land Use Map; providing for amendment to text of the Data and Analysis of the Future Land Use Element. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 12th day of October, 1997.

Town of Lady Lake Ordinance No. 97-02, amending the Comprehensive Plan previously adopted by the Town of Lady Lake to affect the Concurrency Management System Chapter to include the adoption of Land Development Regulations. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 15th day of September, 1997.

Town of Lady Lake Ordinance No. 97-04, an Ordinance redesignating zoning classification for certain property owned by Robert and Brenda Isom; located within the town limits of the Town of Lady Lake, Florida; rezoning subject property from AG-1 (Agricultural Residential) to PFD (Public Facilities District) zoning. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 7th day of July, 1997.

Town of Lady Lake Ordinance No. 97-05, an Ordinance of the Town of Lady Lake, Florida amending Ordinance No. 96-06, redefining the boundaries of the voting wards of the Town of Lady Lake, Florida. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 2nd day of June, 1997.

Town of Lady Lake Ordinance No. 97-06, an Ordinance pertaining to comprehensive planning in the Town of Lady Lake; amending Ordinance No. 81-8(83), which established the Town of Lady Lake Comprehensive Plan. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 7th day of July, 1997.

Town of Lady Lake Ordinance No. 97-07, an Ordinance redesignating zoning classification for certain property owned by Marvin O. Smallwood; located within the town limits of the Town of Lady Lake Florida; rezoning subject property from LC (Light Commercial) to CP (Planned Commercial) zoning. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 4th day of August, 1997.

Town of Lady Lake Ordinance No. 97-08, an Ordinance redesignating zoning classification for certain property owned by James H. Mayfield and Fennell Investments, Ltd; located within the town limits of the Town of Lady Lake, Florida; rezoning subject property from HC (Heavy Commercial) to PUD (Planned Unit Development) zoning. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 3rd day of November, 1997.

Town of Lady Lake Ordinance No. 97-09, an Ordinance of the Town Commission of the Town of Lady Lake, Florida; voluntarily annexing that property being 4.39 acres of land owned by D.W. Mathews; located in the vicinity of County Road 466 at the Lake/Sumter County Line into the corporate limits of the Town of Lady Lake. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 3rd day of November, 1997.

Town of Lady Lake Ordinance No. 97-10, an Ordinance pertaining to Comprehensive Planning in the Town of Lady Lake, Florida; amending Town of Lady Lake Ordinance No. 81-8(83), which established the Town of Lady Lake Comprehensive Plan. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 3rd day of November, 1997.

Town of Lady Lake Ordinance No. 97-11, an Ordinance redesignating zoning classification for certain property owned by D.W. Mathews; located within the town limits of the Town of the Town of Lady Lake, Florida; rezoning subject property from Lake County AG (Agriculture) to MX-8 (Mixed Residential Medium Density) zoning. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 3rd day of November, 1997.

Town of Lady Lake Ordinance No. 97-12, an Ordinance of the Town of Lady Lake, Florida, pertaining to Land Development Regulations; providing for amendments to the Land Development Code of the Town of Lady Lake, Florida, amending provisions regarding zoning district permitted uses. Passed and Ordained by the Town Commission for the Town of Lady Lake, Florida on the 3rd day of November, 1997.

ADDENDUM TO THE CLERK'S AGENDA

CLERK OF COURT'S CONSENT AGENDA

ACCOUNTS ALLOWED/BUDGET TRANSFERS

Mr. James C. Watkins, Clerk, presented this request.

Ms. Sue Whittle, County Manager, stated that Lake County received 17.32 inches of rain for the month of December and that the request for a budget transfer to the Landfill Enterprise Fund from Contingency, in the amount of $37,500, was for the transportation and disposal of leachate.

Commr. Good stated, for the record, that the County hauled to the City of Eustis 123,865.71 gallons of leachate. He suggested that the Board discuss management practices that could have been done differently that may have resulted in a reduction of the number of gallons of leachate with Mr. Don Post, Senior Director, Solid Waste Management Services.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following budget adjustment for FY 97/98 from the Office of County Finance:

A. Transfer:

1. Fund: Landfill Enterprise Fund

Department: Solid Waste Management

From: Contingency $37,500

To: Outside Disposal $35,000

Overtime $ 2,500

Transfer #: 98-074

Justification: Additional funds are needed for transportation and disposal of leachate due to the unseasonable amount of rainfall.

CLERK OF COURTS' DEPARTMENTAL BUSINESS

AUDITS

Mr. James C. Watkins, Clerk, brought up for discussion the contract for an independent auditor for Lake County's annual financial statements. He informed the Board that Ernst and Young LLP has been Lake County's auditor for the past ten (10) years and explained that it was a good management practice to review contracts for auditing services every eight (8) to ten (10) years and to go through the process of audit selection; therefore, he was bringing forth discussion on how to proceed at this time. He stated that he would prefer to negotiate a continued contract with Ernst and Young through year 2000 because of the unique audit issues that would be facing the County in year 2000. He noted that the Board has the option of establishing an Audit Selection Committee comprised of a representative of the Board of County Commissioners to act as Chair, the Clerk, and other Constitutional Officers.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to renegotiate a contract with Ernst and Young LLP through year 2000; and to put on the January 5, 1999 Board of County Commissioners Regular Meeting, as an agenda item, discussion of the selection process and Request for Proposal for auditing services for the year 2001.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Good requested that Tab 5, a request for approval of Boating Improvement Projects recommended by the Parks and Recreation Advisory Board for funding for Fiscal Year 1997/1998, be pulled for discussion.

Commr. Gerber requested that Tab 12, a request for approval of the proposed Origin & Destination (O&D) Study, at a cost of $36,972.75; and approval and execution of contract extension between Lake County and Reynolds, Smith and Hills for the North South Bypass Study, be pulled for discussion.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 5 and Tab 12.

State Agencies

Request for approval and execution of letters to legislators supporting the Healthy Start Advocacy Principles.

Economic Development

Request for approval of amendment to the Jobs Growth Investment Trust Fund Guidelines to reflect changes in the Lake County annual wage.

Bonds-Mobile Home

Request for approval to begin the Parks and Recreation Capital Improvement Program Application Process for possible funding in Fiscal Year 1998/99.

Bonds-Mobile Home

Request for approval of cancellation of Mobile Home Bond for Manoochehr Motamedi.

County Employees/Human Resources

Request for approval and execution of Certificates for employees with one and three years of service.

Accounts Allowed/Contracts, Leases & Agreements/Subdivisions

Request for acceptance of Final Plat for The Plantation at Leesburg Manor View Village (Pod "GG"); acceptance of Letter of Credit for performance in the amount of $688,950; and approval and execution of Developer's Agreement for construction of improvements between Lake County and The Plantation at Leesburg Limited Partnership - Commissioner District 2.

Subdivisions

Request for acceptance of Final Plat for Thrill Hill Acres Subdivision - Commissioner District 4.

Contracts, Leases & Agreements/State Agencies/Roads-County & State

Road Projects

Request for approval and execution of Third Amendment to the Agreement between the St. Johns River Water Management District and Lake County to perform a study and the preliminary design for stormwater management, State Road 19, Lake County; and approval and execution of Second Amendment to Agreement between Lake County and Dyer, Riddle, Mills & Precourt, Inc. for consultant services for SR-19 Stormwater Management Feasibility Study, Project No. 12-95, RPS-2-5-09.

Municipalities/Roads-County & State/Resolutions/Signs

Request for approval and execution of Resolution No 1998-4, authorizing the posting of speed limit signs on the following roads in the Leesburg area:

Holiday Lane (#1-4108) S. Whitney Road (#1-4303)

Executive Blvd. (#1-4403) Alibrandi Road (#1-4601)

Progress Road (#1-4404) Jones Drive (#1-4605)

Richey Road (#1-4406) Youngs Road (#1-4006)

East Ritchey Road (#1-4407) El Rancho Drive (#1-4007)

Westside Drive (#1-4507) Flatwoods Road (#1-4105)

Montclair Road (#1-4606) Caballo Road (#1-4107)

Gregory Road (#1-4606A) Casteen Road (#1-4205)

Colonial Street (#1-4707) Whitney Road (#1-4603)

E. Montclair Road (#1-4708) Veech Road (#1-4604)

Snowberger Avenue (#1-4807A) Lewis Road (#1-5105)

Edgewood Road (#1-4905) Thomas Avenue (#1-5108)

Schoolview Street (#1-4905B) Tally Road (#1-5109)

Resolutions/Roads-County & State/Signs/Subdivisions

Request for approval and execution of Resolution No. 1998-5 authorizing the posting of speed limit signs on the following roads in the Forest Hills area:

Lake Mack Drive (#4-8698) Tenth Street (#4-8898C)

Anna Street (#4-8698A) Lake Drive (#4-8698B)

E. Second Avenue (#4-8898D) Monterey Rd. (#4-8898E)

Inez Street (#4-8698C) Hermitage Drive (#4-8898F)

W. Lake Drive (#4-8798A) Forest View Rd. (#4-8698D)

E. Lake Drive (#4-8798B) Lake Mack Road (#4-8798)

Second Avenue (#4-8898) Sixth Street (#4-8798C)

Third Street (#4-8898A) Bear Lake Blvd. (#4-8598)

Fifth Street (#4-8898B) E. Second Ave. (#4-8898D)

Resolutions/Roads-County & State/Signs/Subdivisions

Request for approval and execution of Resolution No. 1998-6 authorizing the posting of a "yield" sign at the intersection of Grand Highway #2-1445 and Mohawk Road #2-1548 just off US 27 in the Minneola area.

Deeds/Rights-of-Way, Roads & Easements

Request for acceptance of a Drainage Easement, Non-Exclusive Easement Deeds, a Statutory Quitclaim Deed, Statutory Warranty Deeds, and a Temporary Non-Exclusive Easement Deed.

Grants/State Agencies/Reports

Request for approval and execution of Florida Department of Transportation Safety Grant Application for second year funding of Lake County's Transportation Traffic/Crash Studies Engineer position.

Bonds/County Employees

Request for approval of Bonds of County Officers in accordance with Florida Statutes 137.05.

Contracts, Leases & Agreements/Insurance

Request for approval and execution Administrative Services Agreement between and among Lake County and Anthem Insurance Companies, Inc.

Accounts Allowed/Assessments

Request for approval and execution of Satisfaction of Assessment Liens for the following road assessments:

Haines Creek Heights Lot 95

John C. & Barbara Smith $1,659.56

Carlton Village

Jeffrey A. & Dana M. Westbrook $2,620.10

GVD, Inc. $1,530.25

PERSONAL APPEARANCES/PUBLIC HEARINGS

EMPLOYEE AWARDS

COUNTY EMPLOYEES/PERSONNEL

At this time, Commr. Swartz presented the following awards and plaques, as Ms. Lourdes Ramos, Human Resources Manager, provided information on each individual:

Presentation of Plaques to Employees with Five, and Ten Years of Service

Five Years of Service

Rene C. Bass, Secretary III, Agricultural Education Service, Cooperative Extension Service

Elliot L. Moore, Area Maintenance Supervisor, Public Works, Roads Division, Signs, Signals & Striping

Ten Years of Service

James R. Blackwell, Fire Lieutenant/EMT, Fire and Emergency Services, Operations Division, Fire/Rescue

Edward C. Genter III, Fire Lieutenant/EMT, Fire and Emergency Services, Operations Division, Fire/Rescue

Presentation of Plaque and Bond to Employee of the Year 1997

Deann C. Schultz, Human Services Coordinator, Office of Human Resources, Personnel; Section

Presentation of Plaque to Retiring Employee with Twenty Two Years, 10 Months of Service

Frankie L. Thorp, Animal Control Coordinator, Fire and Emergency Services, Special Services Division, Animal Shelter (Not Present)

"PRIDE" CERTIFICATES

At this time, Commr. Swartz and Ms. Sue Whittle, County Manager, presented "Pride"

Certificates to the following individuals:

Department of Fire and Emergency Services

Marjorie Toops - Lake County Animal Control

Department of Growth Management

Lourdes Montero - Building Services Division

Robert D. "Bobby" Spears - Building Services Division

Department of Solid Waste Management Services

Kathy Hartenstein

Phyllis Hegg

Fred "Skip" Kinsey - Landfill

Colleen Strickland - Assessment Management Services

Kent Tombow - Scales and Drop-off Facilities

PRESENTATIONS

REPORTS

Mr. David Stites, St. Johns River Water Management District, Department of Water Resources, General Project Manager for the Lake Apopka Restoration, appeared before the Board to provide an update on the Lake Apopka restoration project and on the construction of the Marsh Flo-Way. He briefly discussed the Marsh Flo-Way Construction project and stated that IT Corporation was the low bid at $3,500,000 for Phase I and that the construction project would be completed June 1998. At this time, he displayed on the monitor illustrations of the construction project and discussed future phases, funding, Lake Apopka water quality, and water levels in Lake Beauclaire, Lake Dora, and Lake Eustis.

PUBLIC HEARINGS

ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending Chapter XV, Road Impact Fee Code, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER XV, ROAD AND SCHOOL IMPACT FEES; PROVIDING FOR THE AMENDMENT TO SECTION 15.02.09, USE OF FUNDS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained that the amendment provides that there be no formal committee to make recommendations to the Board regarding the Road Impact Fee Construction Program and allows the County and municipal staff members to meet and discuss projects throughout the year.

Mr. Minkoff noted that the amendment requires that the Board hold one annual public hearing each year at which time the municipalities would have an opportunity to provide input on the program.

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

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1998-1, an Ordinance amending Chapter XV, Road Impact Fee Code, as read on its final reading, by title only.

RECESS & REASSEMBLY

At 9:55 a.m., the Chairman announced that the Board would recess and reconvene at 10:15 a.m.

PERSONAL APPEARANCE

SUPERVISOR OF ELECTIONS

Ms. Emogene Stegall, Supervisor of Elections, appeared before the Board and introduced Mr. Paul Griego, Elections Systems and Software, previously known as American Information Systems, Inc., who was present to demonstrate the AIS-550 Central/Regional Counter. She stated that the demonstration would be the first demonstration in Florida on the new regional counter.

Mr. Paul Griego, Elections Systems and Software, appeared before the Board to demonstration the AIS-550 Central/Regional Counter, and explained that the AIS-550 Central/Regional Counter was capable of counting 24,000 ballots an hour and discussed the basic features and benefits of the AIS-550 Central/Regional Counter. He briefly demonstrated the speed of the AIS-500 and noted that the system had a five year warranty on parts and maintenance.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience. He stated that zoning cases and other items that would be coming before the Board at a later date or personnel issues would not be discussed.

Mr. Don Walton, a volunteer firefighter, appeared before the Board to discuss fire service in Lake County and requested that the Chairman provide clarification on the definition of a county employee and a county volunteer. He presented a number of petitions with signatures requesting the reinstatement of Craig Haun, Senior Director, Fire and Emergency Services, and calling for the termination of Ms. Sue Whittle, County Manager. He adamantly demanded that the Board hear the comments of concerned citizens regarding fire service issues and the termination of Fire Chief Craig Haun.

Commr. Swartz explained that the Board took a very clear and specific act to set up a strong County Manager and County Commission form of government and in 1990 adopted an ordinance entrusting into the County Manager personnel decisions and operation of County government and all of the departments under the Board of County Commissioners. He stated that it was the prerogative of the County Commission to hire and fire the County Manager and County Attorney, and that the proper procedure would be for a County Commissioner to bring to the Board a request for action to terminate the County Manager or County Attorney.

Mr. Walton stated that, as of January 1, a volunteer fire fighter was required to have 225 hours of training to qualify as a volunteer fire fighter, which makes it impossible to find volunteers who have the time to perform the duties, attend the classes, and to get the qualification that they need to be a volunteer fire fighter. He questioned if Lake County was prepared to go to a full time fire department; at which time, Commr. Swartz responded that the Board of County Commissioners would act responsibly and draft a proposal that would meet the needs of the citizens of Lake County for fire and rescue service.

Commr. Hanson responded to the concerns expressed by Mr. Walton and stated that the Board was dealing with the level of fire service to the citizens of Lake County, an issue much larger that the personnel issue. She stated that this was the first that she has heard that volunteers in the County were quasi employees and that she would like to review how other counties deal with volunteers. She suggested that perhaps Lake County's policy needs to be reviewed and changed. She stated that Lake County's fire service has been developed on a volunteer system and comprised of families involved in the volunteer fire department program and expressed concern that the County was making the transition too rapidly not to allow families to be involved in the volunteer system. She stated that the Board needs to look into what was really a volunteer. She referred to a letter that she addressed to the County Manager, dated January 5, 1998, stating that a second opinion was needed on the issue of nepotism as it relates to volunteers in Lake County. She stated that Lake County was a rural county in need of volunteers desperately and that the County was following the letter of the law too strictly. She explained that her concern was the level of service and the on-going ramifications that the management decision would have on the level of service for the people of Lake County.

Commr. Gerber stated that she has been preparing, since August, a study, through the assistance of the Sociology Department of Stetson University, on the level of service for fire protection in Lake County. She stated that 650 surveys would be mailed out to randomly selected individuals throughout the County by February 1998 and that the survey would provide valuable information to the Board regarding budgetary issues pertaining to fire service in Lake County. She stated that the survey would ask questions pertaining to the types of service, response times, equipment in fire stations, and manned or unmanned stations. She stated that the finished study would be made available to the Board.

Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board to discuss personnel issues relating to fire service in Lake County; at which time, Commr. Swartz reiterated that the Board would not discuss personnel issues.

RECESS & REASSEMBLY

At 10:50 a.m., the Chairman announced that the Board would recessed for ten minutes and reconvened at 11:10 a.m.

CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)

Mr. Lee Windhorst, Lake County Fire and Emergency Services Advisory Board, appeared before the Board to discuss fire protection for Lake County, at which time Commr. Swartz respectfully requested that Mr. Windhorst refrain from comment at this time and that he present his comments at the time that the Fire and Emergency Services Advisory Board presentation is placed on the agenda February 10, 1998.

Mr. Richard Gander, a resident of Tavares, appeared before the Board and expressed interest in serving on the Bicycle/Pedestrian Advisory Committee.

REPORTS

ACCOUNTS ALLOWED/GRANTS/JUDICIAL SERVICES

Commr. Gerber presented the request for authorization to submit a grant application for Teen Court Program funding and noted that Lake County was the only county in District 13 which does not have a Teen Court Program. She expressed her appreciation to Mr. Brent Holladay, Chief Deputy, Courts Management; Ms. Lora Lee Etienne; and Ms. Denise Bell, representatives from the Clerk's Office, for their assistance in developing the Teen Court Program. She informed the Board that the request at this time was authorization to submit a grant application for funding to start the Teen Court Program. She noted that letters of support have been received from Don F. Briggs, Circuit Judge; George E. Knupp, Jr., Sheriff; Father David J. Randolph, Juvenile Justice Council; James C. Watkins, Clerk; Randall E. Wiseman, Lake County Schools; Howard Babb, Jr., Public Defender; and Mary Fletcher Smith, Lake County Schools.

Mr. Brent Holladay, Chief Deputy, Courts Management, appeared before the Board to discuss the estimated first four month budget for Lake County Teen Court Program, in the amount of $25,625.00. He explained that the grant requires the County to provide twenty (20%) percent matching funds through in-kind services or actual direct work which includes supervision and support, a bailiff for Judicial Center security, and utilities and maintenance for the Judicial Center.

Father David Randoph, Juvenile Justice Council, appeared before the Board to express support of the Teen Court Program and stated that the program was in line with the Lake County Juvenile Justice Comprehensive Plan and has been one of their goals and objectives.

Ms. Mary Fletcher Smith, Lake County School Board, appeared before the Board to express support of the Teen Court Program on behalf of the Lake County School Board.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and authorization to submit a grant application for start-up costs from the State of Florida Department of Juvenile Justice for a Teen Court Program in the amount of $80,000.

COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

ACCOUNTS ALLOWED/MUNICIPALITIES

Mr. Chuck Pula, Parks and Recreation Manager, was present to address questions regarding the request for approval of the Boating Improvement Projects recommended by the Parks and Recreation Advisory Board for funding for FY 197/98.

Commr. Good noted that six presentations were made to the Parks and Recreation Advisory Board on November 11, 1997 and that the Advisory Board voted to recommend to the Board an award of $62,500 to the City of Clermont; $7,500 to the City of Eustis; and $5,000 to the City of Umatilla. He stated that there were times when District Commissioners, who are also County Commissioners, must weigh the needs of the District and the needs of the County, which has brought about his concern that $62,500 was being allocated to one project. He expressed concern that the funding was not being spread farther, and that the project selected was a project moving and improving an existing useable ramp as opposed to creating a new recreational use. He expressed concern that the request from the Town of Howey-in-the-Hills for funding for an 80' pier with seating on Little Lake Harris had not been awarded. He stated that he would like to request that the City of Clermont pick up a larger share of the Clermont project and allow the Board to award a portion of the funding for the Clermont project to another project to leverage the dollars farther. He requested that the Parks and Recreation Advisory Board and Commr. Cadwell, as liaison to the Parks and Recreation Advisory Board, reconsider their recommendations and consider an additional project such as the Town of Howey-in-the-Hills project.

Commr. Cadwell stated that he supports the recommendation of the Parks and Recreation Advisory Board and suggested that this request be postponed for one month to allow the applicants to make a brief presentation to the Board. He stated that he would not support taking this request back to the Advisory Board.

Commr. Hanson requested that staff provide the Board with a report on Boating Improvement Projects' past expenditures and the districts that have received said expenditures.

Commr. Swartz stated that he would support the recommendation for Fiscal Year 1997/98 and noted that the Board has the opportunity to review and send different criteria to the Parks and Recreation Advisory Committee for Fiscal Year 1998/99 if they wish to do so.

Commr. Cadwell made a motion, which was seconded by Commr. Gerber, to approve the Boating Improvement Projects recommended by the Parks and Recreation Advisory Board for funding for Fiscal Year 1997/1998, as follows: City of Clermont Project, $62,500; City of Eustis Project, $7,500; and City of Umatilla Project, $5,000.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to amendment the motion to include a request for information on previous funding to allow a review and to determine the type of criteria that the Board would like to use in the future for Boating Improvement Project funding.

Commr. Good reiterated that, if the City of Clermont would agree to pick up a larger share of the funding, one more project could be included in the Boating Improvement Project program.

Ms. Debbie Stivender, Vice Chairman, Parks and Recreation Advisory Committee, appeared before the Board and explained that she also had the concern that funding was not being spread around. She explained that it came to light that the City of Clermont had been working on the submitted project for a long time and had done additional things that the other projects had not done. She stated that the Parks and Recreation Advisory Committee unanimously voted to award the City of Clermont funding in the amount of $62,500.

Mr. Pula stated that representatives from the City of Clermont, the City of Mount Dora, and the Water Authority were present in the audience. He stated that he would submit to the Board all of the applications that were submitted and the criteria that the Advisory Board has accepted.

Commr. Swartz requested that staff provide additional backup to the Board in the future to allow the Board to understand the specifics of each project.

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

Commr. Good voted in opposition.

RECESS & REASSEMBLY

At 12:00 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:15 p.m.

COUNTY MANAGER'S CONSENT AGENDA

ACCOUNTS ALLOWED/CONTRACTS, LEASES &AGREEMENTS

ROADS-COUNTY & STATE/ROAD PROJECTS

Mr. Don Griffey, Engineering Director, Public Works, appeared before the Board to present the request for approval of the proposed Origin & Destination (O&D) Study; and approval and execution of contract extension between Lake County and Reynolds, Smith and Hills for the North South Bypass Corridor Study. He explained that the Board had approved a recommendation requesting an O & D Study in the Leesburg areas as part of the North South Bypass Corridor Study and that the direction from the Board was to change the alignment of the North South Bypass but not to proceed any further with the project. He explained that staff was directed to work out a scope of services and cost proposal with the consultant for an O & D Study. He stated that they were proposing to perform the O & D Study under the current contract with Reynolds, Smith and Hills and that the request was for modification of the existing contract.

Commr. Gerber expressed concern that the Origin & Destination Study, in the amount of $36,972.75, did not go out for bid and suggested that the study be done as a stand alone study independent of Reynolds, Smith and Hills. Discussion occurred regarding the O & D Study, and it was noted that it would be more cost effective to have Reynolds, Smith and Hills perform said study.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the proposed Origin & Destination (O & D) Study, at a cost of $36,972.75; and approval and execution of contract extension between Lake County and Reynolds, Smith and Hills for the North South Bypass Corridor Study.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMITTEES/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1998-1 expressing appreciation and gratitude to Mr. Thomas Lee Wetherington for the unselfish donation of his time and knowledge for the betterment of his community through his service on the Comprehensive Health Care Committee.

COMMUNITY SERVICES/VOLUNTEERS

Mr. Fletcher Smith, Director, Department of Community Services, appeared before the Board to present the request for approval to sponsor a Volunteer Showcase and Recognition Reception in the Lake County Administration Building on April 22, 1998. He explained that Mr. Haig Medzarentz and the Council of Volunteer Coordinators of Lake and Sumter Counties would like to emphasis the fact that volunteerism plays a major role in many agencies and entities in Lake and Sumter County as well as performing volunteer services for the County, and the Volunteer Showcase and Recognition Reception would include a wider scope of recognition for volunteers who offer their services and would serve as a recruitment for new volunteers.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve for the Board of County Commissioners, in conjunction with the Council of Volunteer Coordinators of Lake and Sumter Counties, to sponsor a Volunteer Showcase and Recognition Reception in the Lake County Administration Building on April 22, 1998.

In response to a question presented by Commr. Gerber regarding a request for funding in the amount of $1,000, Mr. Smith stated that the refreshments would be donated from several banks and Florida Power Corporation, however, postage and paid advertising would require funding.

Commr. Swartz suggested that consideration be given to identifying one or more volunteers of the year in different areas of County government.

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

ACCOUNTS ALLOWED/COUNTY PROPERTY/HISTORICAL MUSEUM

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to present a request for approval of Change Order to Purchase Order 110581 to Guglielmo & Associates for additional expenses incurred in the installation phase of the Lake County Historical Museum.

Commr. Swartz requested that funds raised by the Historical Society to help pay for costs associated with the Museum be allocated toward the additional expenses incurred in the installation phase for accounting purposes. He further requested that staff plan an Open House for the Lake County Administration Building, Historic Courthouse, and Sheriff's Administration Building in March or early April, and provide a copy of the proposed landscaping site plan to the Board for their review.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of Change Order to Purchase Order 110581 to Guglielmo & Associates for additional expenses, in the amount of $11,976.53, incurred in the installation phase of the Lake County Historical Museum.

REPORTS/PUBLIC WORKS

Mr. Jim Stivender, Jr., Senior Director, Public Works, provided an update on the flooding issues that have occurred in Lake County during the last two weeks, and presented photographs illustrating rapid flowing water over County roads in the Lake Louise State Park area caused by Big Creek and Little Creek. He explained that the water was so extensive in the area that the water was bypassing the drainage pipes and the natural river. He stated that the water was receding and materials have been brought in to grade the road. He discussed the problem with pot holes in County roads caused by the excessive water fall.

OTHER BUSINESS