BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 2, 1989

The Lake County Board of County Commissioners met in regular session on Tuesday, May 2, 1989, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk and Acting County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

It was the consensus of the Board to postpone the Special Minutes of March 23, 1989, regarding the Groveland Town Hall meeting.

Commr. Swartz stated that on Page 6, Line 10, of the April 11, 1989 Minutes, where it refers to 12,000 acres, it should be corrected to read 2,000 acres, and corrected Page 2, Line 8, of the April 18, 1989 Minutes to read Sheriff Knupp.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of April 11, 1989 and April 18, 1989, as corrected.

MEETINGS/JAILS/STATE AGENCIES

Commr. Gregg informed the Board that the 10:00 a.m. scheduled agenda item, with Mr. Chris Shove, Florida Department of Commerce, Bureau of Economic Analysis, regarding the presentation on Spaceport Florida and its potential in Lake County, had been postponed.

Commr. Gregg also informed the audience that the Federal prison issue would be brought up under Commissioner's Business, at approximately 11:00 a.m, and public input will not be sought.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Payment of Warrant #93702 through Warrant #94296, for the following accounts:

County Transportation Trust Landfills

Countywide Library General Revenue

Section 8 Mosquito Control

Pasco Fire District Eustis Section 8

Mt. Plymouth Fire District South Lake Fire District

Private Industry Council Bassville Fire District

Fine & Forfeiture Northwest Fire District

Revenue Sharing Capital Outlay

Law Library Countywide Fire District

Emergency 911 Fund Aquatic Weed

Self Insurers Fund Paisley Fire District

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case No. 89-143-CJ, David Matthew Pedersen and Ellen Morris, in the amount of $50.00.

Satisfaction of Judgment, Case No. 88-1296-CJ, Mark B. Paul, Juvenile, and Harry Paul and Bertha Paul, Parents, in the amount of $50.00.

Satisfaction of Judgment, Case No. 87-1479-CF, Timothy Curtis Smith, in the amount of $250.00.

Satisfaction of Judgment, Case No. 85-949-CF, Gerald A. Gibson, in the amount of $50.00.

Satisfaction of Judgment, Case Nos. 87-715-CJ and 87-716-CJ, Brady L. Sellars, and Charles and Linda Sellars, in the amount of $50.00.

Accounts Allowed/Assessments/Subdivisions

Satisfaction of Assessments for the following subdivisions:

Picciola Island Subdivision

Henry R. & Maria Hulzebos $ 444.00

Astor Forest Campsites

Terrance R. & Louise L. Larkin $ 915.75

Astor Forest Campsites, A Dissolved Corp. 2,197.80

James David Cornelius 1,004.27

Terry Lynn & Sallee J. Ballard 2,577.73

Robert C. & Patricia A. Emerson 1,161.75

Frederick B. & Gloria A. McNeely 1,161.75

Frederick B. L Gloria A. McNeely 1,161.75

Alvine E. L Marie A. Roach and

L. W. L Julie P. Roach 1,161.75

Walter E. L Leatha I. Mack, Sr. 1,161.75

Edward R. L Marjorie Meusel 1,161.75

Juanita M. L Henry L. Saul, Jr. 1,564.97

Vincent L Pauline D. Morreale 1,161.75

William R. L Georgia S. Pridgen 1,183.49

Robert L Cathern Flowers 1,717.88

John E. L Mildred Griffin 1,717.88

Willard T. L Margaret Love 1,145.25

Harry L. L Barbara Bonner 1,145.25

Irvin J. L Nellie Nessel 1,145.25

Hancel E. L Bobbie Carroll 1,145.25

Elli G. & William J. Barker 1,145.25

Larry & Linda L. Whitt 2,526.88

James T. & Josephine Hart 1,045.69

Andre J. & Mary V. Berton 1,280.08

Warren P. & Doro Canova & Mitzie M. Canova 1,801.86

George D. & Mary C. Long 1,801.86

Frank E. Stone 1,527.00

Charles L. & Mary Baetzman 1,679.70

George W. & Dorothy Luck 1,527.00

W. F. & Winnie L. Douglas 1,527.00

Laura C. Taylor 595.53

George H. & Madeline Wyatt 1,145.25

Tony & Hazel Caravia 1,145.25

Enoch R. & Beatric Teeters 1,145.25

Terry L. & Sallee Ballard 635.23

Terry & Sallee J. Ballard 1,297.95

Walter N. & Joan I. Egan

1,252.14

Elmer J. Burris & George F. Spender 1,878.67

Carlyle J. & Lydia J. Baker 2,088.17

John H. Kuszlyk 2,011.82

Hubert H. Beyerdoerfer 1,145.25

Eugene D. & Sarah Kirkley 1,145.25

Patrick E. & Beverly Turner 1,145.25

Arthur S. & Sophia Wroble 1,145.25

Milton A. & Gelinda Hogan 1,145.25

Joseph A. & Janet Jackson 1,216.71

Frances & Jack Earl Conner 1,717.88

Joseph C. Howard, Jr. 1,145.25

Almedia R. Hancock & Betty T. Mantegri 1,145.25

Carl K. & Lavonda West 1,145.25

Frank J. & Arline E. Braun 2,290.50

Abner J. & Elizabeth M. Johnson 1,527.00

Charles S. Wilmot 1,527.00

Lewis F. & Betty L. Dohme

1,145.25

Omar C. & Margaret Roark 2,137.80

Ruth Dowling 915.75

John R. & Shirley Whitt 915.75

Carl L. & Betty J. Kautz 1,316.24

Joe W. & Frances C. Phipps 1,304.64

Steve P. & Nannie E. Phipps 1,373.63

Edith Craige Tyson 1,994.02

Edith Craige Tyson 1,335.29

L. S. & Jessie Steele 457.88

Lewis A. & Ruth Taylor 915.75

Milton Davis 915.75

John E. Moore, Sr. 1,288.16

J. C. Bledsoe 1,288.16

C. Jack & Ireta V. Gregg 1,288.16

John Amos 1,288.16

Tom S. West, Trustee 915.75

Tom S. West, Trustee

915.75

David W. & Alice W. McCarty 976.80

Tommy T. & Barbara A. Ryan 915.75

L. S. & Jessie Steele 610.50

Roy A. & Sharon D. Ash

915.75

Roy A. & Sharon D. Ash 915.75

John & Aleathea Andrews 915.75

Lewis F. Dohme 1,221.00

Joseph J. Temple 1,133.21

W. R. Waldrop 1,161.75

James M. & Jeanne Sizemore 1,161.75

Leo A. & Bernice D. Hatch 1,211.63

Leo A. & Bernice D. Hatch 1,161.75

James Joseph Nolan 1,161.75

Jack D. & Helen J. Cook 1,229.60

M. H. & K. Arlene Braun 1,229.60

Beverly Brase O'Dell 1,420.50

Harbor Shores

Pine Island Land Co. $ 562.96

Highland Lakes Subdivision

Marshall H. Gaard $ 204.12

Marshall H. Gaard 231.08

Marshall H. Gaard 211.52

Marshall H. Gaard in favor of

Samuel H. & Jean P. Westbrook 1,201.55

Hilltop Subdivision No. 3

Willie V. Spencer & Margaret B. $ 746.16

H. B. Turpening 873.62

Hilltop Subdivision

Delbert L. & Bernice Cowman $1,301.00

Florida Fruitland Park Homesites

Harold L. & Helene J. Vaughn $1,217.87

St. Johns-Manhattan

James A. & Maude E. Melvin $1,037.16

Mt. Plymouth

Sylvia & Mayer Investment $ 483.78

Fla. Sheriff's Youth Ranch, Inc. 491.83

Fla. Sheriff's Youth Ranch, Inc. 486.91

Woodland Hills Subdivision

Toni M. Livingston & George I.

Livingston, Jr. $ 318.49

St. Johns Waterfront Estate

Julian A. & Alice Proctor $ 530.90

Henry McAlister 294.64

Sparks-Village Subdivision

Donald L. & Winifred S. Dolce $ 346.18

Pomerosa Subdivision

Beverly David $ 802.09

Beverly David 1,002.76

Accounts Allowed/Checks Received/Landfills

Acknowledged receipt of a check in the amount of $187.95, from the State of Florida, Department of Transportation, for the Lake County Solid Waste Department, Astatula I Landfill.

Municipalities/Ordinances

Acknowledged receipt of two ordinances from the Town of Lady Lake: Ordinance 88-37, amending the town limits of Lady Lake by annexing certain contiguous property upon voluntary application of the property owner (Stewart Paquette); and Ordinance 89-08, redesignating the zoning classification for certain property owned by Orange Blossom Hills, Inc. located within the town limits of Lady Lake, Florida.

CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/CLERK

Commr. Swartz questioned whether the request for the Lanier transcribers is being duplicated.

Mr. Robert K. McKee, Chief Deputy Clerk, noted that there is a need for an additional transcriber, in order for the Board to utilize the Clerk's personnel for assistance on the Dictaphone system, which is being installed.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request for furnishings for the relocation of the Deputy Clerks, which occurred in the process to more clearly define functions of the Board from the Clerk of the Circuit Court, in an amount not to exceed $7,000.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

MUNICIPALITIES/TAX COLLECTOR

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request by T. Keith Hall, Tax Collector, Lake County, to amend the lease in Clermont for the Auto License agency located at Sunnyside Plaza, as follows:

(1) Change the location from store number 1207, to store number 1208, and increase space from approximately 600 square feet to approximately 1,200 square feet.

(2) Increase the rent from $325.00 per month to $650.00 per month.

(3) The landlord has agreed to the changes and will only charge for the larger space during the 60 to 90 days which it will take to prepare the new space and move.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Watkins informed the Board that he would like to take care of Tab 15 for a separate presentation.

Commr. Bailey stated that he would like to discuss Tab 19 further, and recommended approval in lieu of denial, as staff is recommending.

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

Accounts Allowed/Pollution Control

Request to obtain quotes and to purchase two ISCO Model 2700 Automatic Samplers (or equivalent), and accessories, at an estimated total cost of $4,961.00, in order to meet current environmental compliance program demands for sampling of wastewater effluent.

Accounts Allowed/Public Health

Request by Public Health for pay application number three for the Umatilla Branch, to Mark Cook Builder, in the amount of $30,925.80.

E9ll/Roads-County & State

Request from property owners to change the name of Fahnstock Street (4-5166), to Crooked Lake Estates Lane.

Request from property owners to change the name on a portion of Toms Pond Road, to Steward Road.

Accounts Allowed/Bids/E911

Request to award County Bid 030-250-089, for one Dot Matrix high speed printer, to Computeraid, in the amount of $6,188.00, which was the low bid.

Public Health/Resolutions

Request from the Leesburg Regional Ambulatory Surgery Center, for the Board of County Commissioners, to issue a proclamation declaring May l-7, 1989, as "NURSES' WEEK".

Contracts, Leases & Agreements/Education/Planning & Development

Request for the proper signatures on the Interlocal Agreement with the Lake County School Board for the Impact Fee Study.

Planning & Development/Subdivisions

Request for preliminary approval of Sunchase, Phase I.

Accounts Allowed/Bonds/Subdivisions

Request for the release of a maintenance bond, in the amount of $31,605.00, for Graceland Subdivision.

Request for the release of a maintenance bond, in the amount of $11,400.00, for Amberhill Subdivision, 1st Addition.

Accounts Allowed/Municipalities/Signs

Request from the City of Mascotte, to purchase 75 brackets and 25 sign poles, at a cost of $405.00.

Accounts Allowed/Bids/Landfills

Request to award bid #035-330-089, to A-Aabot Fence Co., at a cost of $12,077.00, which was the low bid, to secure the area around the scales and scale house at the Astatula Landfill.

Accounts Allowed/Bids/Road Projects

Request to award project #5-89, Smitty Road, to Rix Construction Company, in the amount of $189,450.00, which was the low bid.

Resolutions/Roads-County & State/Signs

Request to reduce the speed limit from 45 mph to 35 mph on C-19A, in Eustis.

Request to post 25 mph speed limit signs, on Strawberry Avenue, #4- 4868.

Request to post 25 mph speed limit signs on certain roads of Three Lakes Community, as follows:

#5-6664 Pineridge Drive

#5-6766 Oak Lane

#5-6764 Turner Drive

#5-6666 East Road

#5-6665A Pine Meadows Lane

#5-6665 Lakeview Court

#5-6763A Lakeview Avenue

Deeds

Request to release the following Murphy Act Deed reservations:

#263 Release all reservations Orlando Hills - Ernest

P. Splett

#752 Release all reservations Sec 36, Twp 238, Rng

26E - McMillan Brothers

#732 Release all reservations East of Lady Lake

Harold C. & Nancy B.

Lorah

#947 Release all reservations North of Fruitland Park

John L. Gunter, Jr. &

Gertrude M. Gunter

Deeds/Right-of-Ways, Roads & Easements

Request to accept the following right-of-way deeds:

The 347 Corp. of Florida, Inc. #1-7212 Griffin View

Dr. and #l-7611 Lake

Griffin Rd.

Alston Hammons #5-6661 McKinley Rd.

Gerald Tyrone Rigdon #5-6661 McKinley Rd.

Rina Stelljes & Magaly Alayon #l-5433 Radio Rd.

Frank R. & Jessie A. Lala #3-1860 Fosgate Rd.

Monte R. & Beverly Krier #3-1860 Fosgate Rd.

Jose Manuel Morales-Hernandes & #3-1860 Fosgate Rd.

Lyduvina Morales

Mid-Lakes Christian Church, Inc. #C-473

AGRICULTURAL CENTER/RESOLUTIONS

Mr. James C. Watkins, Acting County Manager, read to the Board and the audience the Proclamation declaring the week of May 8th as Cooperative Extension Week, which recognizes the contributions of volunteers and professionals to the economy of this County.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the proper signatures on the Proclamation by the Board of County Commissioners, declaring the week of May Eth, 1989, as Cooperative Extension Week.

Commr. Swartz noted that an open house is being planned at the Agricultural Center on Monday, May 8, 1989, from 10:00 a.m. until 4:00 p.m.

E9ll/ROADS-COUNTY & STATE

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the reason for the recommendation of denial to the request by property owners to change the southeast portion of Brasher Lane (2-2116A) to West Shore Lane. He stated that the Addressing and E911 Departments advise against changing a road name in the middle of a continuous road or

thoroughfare.

Commr. Bailey requested Mr. Wyckoff, a resident of the road, to come before the Board to explain the current outline of the lots in the area.

Commr. Bailey stated that part of the problem was created when the Board of County Commissioners closed a portion of Brasher Road, where the County maintenance of the road ends and the road becomes a dirt road, with O'Dell Road to the right.

Commr. Windram was concerned that this change would create any problems for the County departments and Emergency vehicles.

Commr. Swartz suggested asking the other residents of Brasher Lane if they would like to maintain that portion of the road. If the residents are not interested, the Public Works Department could clearly define that the County maintenance ends.

Mr. Jim Stivender, Director of Public Works, noted that the end of County maintenance is clearly defined.

Some discussion occurred regarding postponing this request for another time, with Commr. Bailey stating that he would like to have this case resolved today.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request by property owners to change the southeast portion of Brasher Lane (2-2116A), to West Shore Lane, with the assurance that the road can be clearly defined allowing emergency vehicles to locate residences with no problem.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

PRIVATE INDUSTRY COUNCIL

Mrs. Robbie Baird, Private Industry Council Director, appeared before the Board to discuss the request for the extension of the Teleios Ministries Training Contract. She stated that this training program is to provide a range of training activities and supportive services in an effort to maximize offenders, who were incarcerated into Lake County Correctional facilities, for their successful transition back into society.

Mrs. Baird stated that the original modified contract was to train and place into employment 63 offenders, and the extension of the contract would serve up to 20 individuals, with 15 expected to enter employment.

Mrs. Baird stated that the Private Industry Council tracks these individuals who have entered employment for 30 days, in order to complete the contingency of the contract requiring payment, if the individual has not retained the job for 30 days. She noted that, based on a review of one month ago, approximately 90% of the individuals, who have entered the employment, are still employed.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Private Industry Council for an extension of the Teleios Ministries Training Contract, in the amount of $10,500.00.

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

Mr. James C. Watkins, Acting County Manager, noted that the request for a go-day extension of time for furnishing bond, pole attachment agreements, and insurance requirements, from Citrus Cablevision and Tele-Media, is the result of the transaction of sale not yet taking place. He further noted that the transaction of the two companies is to take place no later than June 30, 1989.

Mr. Chris Ford, County Attorney, stated that, as long as the prior right-of-way problems were resolved, which they were, there is no reason why the request should not be granted.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to grant the request for a 90-day extension of time for furnishing bond, pole attachment agreements, and insurance requirements, from Citrus Cablevision and Tele-Media, which is purchasing Citrus Cablevision, with this being the last extension until such time as the Board can review the policies with regard to cable franchises; should any future extensions be necessary they will be handled according to the new guidelines.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/BIDS/COURTHOUSE/ENVIRONMENTAL SERVICES

PLANNING & DEVELOPMENT

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request to renovate the third floor of the Old Courthouse, to provide needed office space for the Environmental Services Division and the Planning and Development Divison. The space will only include the interior, which has been inefficiently used in the past.

Mr. Findell stated that the renovation can be accomplished within the current budget of the two departments. Barton Malow has reviewed the renovation plans and estimates the renovation cost to be approximately $40,000.00, which could be accomplished in four to six weeks, in phases to reduce disruption of operations.

Mr. James C. Watkins, Acting County Manager, recommended that the Board negotiate, or look for bid, and stated that the staff will compile the specifications.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized staff to prepare bid specifications, and to advertise for bids for the renovation of the third floor of the Old Courthouse, to provide needed office space for the Environmental Services Division and the Planning and Development Division, at an approximate cost of renovation of $40,000.00; and directing staff to bring before the Board the recommended budget amendments and transfers to clarify where the funds will be derived from.

COMMUNICATIONS/ENVIRONMENTAL SERVICES/WATER AUTHORITY

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for the acceptance of the donation of 3,000-4,000 nursery grown trees from Mr. Byron Dean, on behalf of Mrs. A. 8. Dean, Jr. and family. He noted that Mr. Dean of Dean Properties, Tampa, has offered these trees, because a portion of the family nursery in Marion County is being phased out.

Mr. Dean's family has lived in Lake County approximately 70 years, and had suggested that the donation be done for environmentally and educational purposes. Mr. Dean had offered to transport the trees at no expense to the County.

Mr. Findell suggested that, if the Board were to accept the trees, they could be temporarily stored at the Water Authority's Recreational Area, until such time as final planting locations can be determined.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the acceptance of the donation of 3,000-4,000 nursery grown trees, from Mr. Byron Dean, on behalf of Mrs. A. B. Dean, Jr. and family, and that a letter of appreciation be sent to the Dean family for their generous donation.

CONTRACTS, LEASES & AGREEMENTS/COMMITTEES/ENVIRONMENTAL

SERVICES/GRANTS/MEETINGS/STATE AGENCIES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the Recycling Program, Recycling Grant Application process, Recycling Subcommittee Meetings, and Interlocal Agreements.

Mr. Findell stated that the grant application for the recycling and education projects is to be filed with the Department of Environmental Regulations, not later than May 19, 1989.

Mr. Findell provided the Board with some background information to the Solid Waste Management Act, which was passed in 1988, requiring each county in the State to initiate and carryout a recycling program, by July 1, 1989. The Department of Environmental Regulations interpets the ruling to mean that, if the county submits a complete grant application, and the application is accepted by that time, the county has initiated a recycling program. In order to assist in the development and implementation of the recycling program, the state legislation established a recycling education grant program, funded on an annual basis.

Mr. Findell noted that the Department of Environmental Regulations has stated that there is approximately $280,502.00 available to Lake County, if the County and all 14 municipalities sign Interlocal Agreements in support of the recycling education program, with no matching fund requirements. The total funds available lessens when the municipalities do not participate 100%.

Mr. Findell stated that, in order to assist in the development and implementation of the integrated countywide recycling program, the Board of County Commissioners had established a Recycling Subcommittee of the Solid Waste Management Advisory Board, which has been meeting to discuss recycling efforts and goals, as well as to determine the direction to proceed in the development of the recycling education grant application process and interlocal agreements.

Mr. Findell further stated that the Recycling Subcommittee recommended and endorsed that the grant application contain three key elements, such as, an Indepth Analysis of Recycling Alternatives, a Solid Waste Composition Study, and Public Education.

Mr. Findell stated that the Interlocal Agreement tracks the grant application and provides that the City of Tavares and the Town of Howey-in-the-Hills would receive funds from the grant application and grant award, and the remainder of the grant award would go to the Board of County Commissioners, on behalf of the remaining cities, to implement these key items, as stated in the grant application. He reiterated that the Interlocal Agreements must be signed by May 16, 1989, to be transmitted to the Department of Environmental Regulations by May 19, 1989. The Interlocal Agreements have been submitted to each city, who in turn will be holding meetings over the next two weeks to determine whether or not to execute the agreement.

Commr. Bakich noted that Lake County has the potential to increase the share of the State monies approximately as high as $400,000.00, which would put the County in a good position to set up a beneficial recycling program.

Commr. Bakich stated that there is representation of the municipalities on the Recycling Subcommittee, and it was suggested that there also be representation from the larger mobile home parks, which is being considered. He also noted that, if any of Commissioners have any suggestions as to any specific individuals to represent those areas, to submit their names.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the Interlocal Agreements to be presented to the municipalities for their signature regarding the Recycling Program.

JAILS/REPORTS

Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss the final report from ATEC Environmental Consultants, on the asbestos analysis at the Lake County Jail.

Mr. Anderson quoted the report where it dealt with the visual observations that were made to determine the amount, condition and potential health hazard of suspect asbestos-containing materials.

Mr. Anderson stated that ATEC recommends abatement of the friable asbestos-containing sprayed-applied ceiling material on the first floor as soon as possible, and that abatement of the ceiling material in the second, third and Eourth floors should be done as soon as it is feasible. ATEC further recommends removal of the friable insulated pipe elbows throughout various areas of the building, which could be completed at the earliest convenience. ATEC also recommended abatement and clean-up of the friable boiler exhaust flue insulation in the first floor boiler room, to be completed as soon as possible.

Mr. James C. Watkins, Acting County Manager, stated that, to perform the asbestos removal work, a properly qualified and State of Florida Licensed asbestos abatement contractor must be employed, and that ATEC does not do that function, but that ATEC can provide independent monitoring of the removal activities.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved to proceed with the abatement process, as recommended by ATEC, and retain ATEC to prepare the specific plans and specifications, to have available for bid for the abatement process.

BIDS/ROAD PROJECTS/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids on Project #9-89, Kings Cove 5th and 6th Addition, with the entire project to be paid by Citizens National Bank of Leesburg. He stated that the bank foreclosed on this portion of the development, and that by completing the project, the bonding company would make payment to the bank.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids on Project #9-89, Kings Cove 5th and 6th Addition, with the entire project to be paid by Citizens National Bank of Leesburg.

MUNICIPALITIES/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to transfer part of C-561 to the City of Clermont, and to transfer part of C-561 to the City of Minneola.

Mayor May Griffin, Mayor of Minneola, was in the audience and stated that her city would like to have this transfer take place, because the road passes through a residential area.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to transfer part of C-561 to the City of Clermont, and part of C-561 to the City of Minneola, to be maintained by the City in which it passes through, and to designate Highways 50 and 27 as alternate routes.

COUNTY ATTORNEY MATTERS

CONTRACTS LEASES & AGREEMENTS/COUNTY ATTORNEY

Mr. Chris Ford, County Attorney, stated that he had met with Commr. Gregg previously to discuss a memorandum which he had submitted, outlining certain amendments to the County Attorney's agreement with the Board of County Commissioners. One of those amendments was that Ford & Associates stay with the County for 90 days at the current rate, and that they be excused from preparing the Mining Ordinance and the Comprehensive Plan, because of conflicts that may arise when in private practice.

Mr. Ford stated that this arrangement is a fair and equitable way to supply the County with an attorney that knows Lake County while searching for an in-house attorney. He noted that the current retainment rate was established in 1965, when the County had only two Board meetings a month, in lieu of three.

Commr. Gregg stated that he had discussed with Mr. Ford the above mentioned amendments, and that when Mr. Ford represents private enterprise, he would have a problem challenging an ordinance in which he took part in compiling. He further stated that he will be bringing up later in the meeting, the possibility of Mercer/Slavin, who is currently searching for the County Manager, to also search for a County Attorney.

Mr. Ford stated that Orange County may lend their assistance in supplying a lawyer from their land planning department, and that he would investigate this possibility. He also stated that a previous County Attorney, who has gone into private practice, may be interested in doing some of that work.

Commr. Swartz stated his concern that, when the Board decided to search for an in-house attorney, they would be retaining the services of Ford & Associates. If the Board agrees to these amendments, at the end of 60 days the Board will be in a situation where it will be desperate to find legal services, or must negotiate higher rates with Ford & Associates. He suggested that the Board terminate the contract with Ford & Associates at this time, rather than waiting 60 days.

Commr. Windram stated that it would not be beneficial to the County to terminate the contract at this time, rather than waiting for 60 days to locate a permanent or temporary replacement.

Commr. Bakich suggested remaining with the present legal counsel, because the Board should have some type of outlook, within 45 days, on how the search for a County Attorney is going, and if it appears that the Board needs additional time, the County could advertise for bids for legal counsel after a 60 day period.

Commr. Gregg stated that the 60 day period was a reasonable compromise, and that the County probably would not be able to obtain legal counsel at the present rate that Ford & Associates charges.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the recommendation by the Chairman, to retain Ford & Associates as the County Attorney for 60 days at the present contract rate, and renegotiating, after 60 days, the contract, if necessary, in the case of not locating an appropriate replacement. The motion included the process of searching or taking bids from outside law firms, with the intent of retaining a County Attorney.

Commr. Swartz voted "No".

COMMITTEES/COUNTY EMPLOYEES/RESOLUTIONS

PLANNING & DEVELOPMENT/PUBLIC WORKS

Commr. Gregg, Chairman, presented plaques and two resolutions (one from the Board of County Commissioners and one from the Planning and Zoning Commission), to the following members of the Planning and Zoning Commission, who have recently retired:

Mr. Jim Stivender

Mr. Dick Seuffert

Mr. Fred Kramer

Commr. Gregg read the resolutions and the Commissioners congratulated each of the retired members.

Commr. Gregg noted that Mr. Simon Brown was not present to accept his plaque and resolution, therefore, Commr. Bailey accepted them for Mr. Brown.

Commr. Gregg read and presented a plaque to Mr. Norman "Ted" Hershelman, for 30 years of service to Lake County.

COMMISSIONER'S BUSINESS

APPOINTMENTS-RESIGNATIONS/POLLUTION CONTROL

Commr. Gregg brought to the attention of the Board that two appointments must be made to the Pollution Control Board.

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the following appointments to the Pollution Control Board, as recommended by Commr. Gregg:

Mr. William Ray, replacing Mr. Dick Toole, to serve as Citizen Representative;

Mr. Eugene Kastner, filling a vacant seat, to serve as Engineering Representative.

CONTRACTS, LEASES & AGREEMENTS/COUNTY ATTORNEY

Commr. Gregg brought to the attention of the Board the possibility of Mercer/Slavin searching for a County Attorney, in addition to searching for the County Manager. He stated that, for an additional $9,500.00, the firm would include that search.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the recommendation for the firm of Mercer/Slavin to search for a County Attorney, for an additional $9,500.00.

COMMITTEES/COURTHOUSE/MEETINGS

Commr. Gregg brought to the attention of the Board a request he had received from the Lake Coalition Association for a room in the Old or New Courthouse for their monthly meetings.

Mr. James C. Watkins, Clerk and Acting County Manager, informed the Board that, when a meeting takes place in the Old Courthouse in the evening, two bailiffs must be provided and paid overtime; in the New Courthouse, one bailiff is required and paid overtime. He recommended that the Lake Coalition Association, and other types of quasi-bodies, such as the Republican and Democratic Executive Committees, be scheduled in Courtroom D, or the Grand Jury Room, on the first floor of the New Courthouse.

Commr. Windram noted that he was concerned with too many groups wanting to make the Courthouse their regular meeting place.

Commr. Gregg felt that the Board should limit the meetings to what are presently being held here, and that the Board could suggest to the other groups other meetings places, such as the Agricultural Center, or area banks.

It was the consensus of the Board to only allow the present groups to meet in the Old and New Courthouse, such as the Board appointed public committees and the two Executive Committees, and encourage other groups to meet in facilities other than the Courthouses.

COMMITTEES/JAILS/STATE AGENCIES

Commr. Gregg brought up for discussion the Federal prison issue, and mentioned that the Board would not entertain public input at this time. He stated that the Site Selection Committee, with Commr. Windram as Chairman, had met with Ms. Pat Sledge, from the Federal Bureau of Prisons, and are in process of researching sites.

Commr. Windram briefly stated what has been accomplished by the Site Selection Committee. He noted that he had communicated to the Committee that the Board gave them the responsibility of looking at various sites which may be submitted, and that it is the responsibility of the Board to determine if and when there will be a Federal prison in Lake County. He further noted that on May 17, 1989, the Committee will be visiting the Marianna Federal prison in Tallahassee, and tentatively, on June 7, 1989, they will visit the Federal prison in Miami.

Commr. Gregg stated that the Board requested, the Site Selection Committee to study sites submitted, and to come back with a recommendation, ranking the sites by priority, to the Board. The Board would make a decision on further proceedings, and before a final vote is taken, public hearings would be held.

Commr. Bailey stated that, as a result of the public meetings which have been held, it is obvious that the public is opposed to a Federal prison in Lake County.

Commr. Windram noted that it is not uncommon for people to be opposed to the Federal prison when they are not familiar with those types of facilities.

Commr. Gregg stated that the elected Board is there to represent the people and make decisions. It is the Board's responsibility to investigate all proposals, to determine whether or not it is good for Lake County.

Commr. Swartz noted that there is a considerable amount of public opinion for and against the Federal prison, and that the issue needs to be considered from an economical standpoint. He stated that the indications he has received from citizens, is that they do not want this type of industry in Lake County.

Commr. Swartz stated that, unless there are some specific sites and public hearings in the other districts, the Board has more important issues to deal with, and would benefit from putting this project aside..Commr. Windram felt that, if the people who have attended the public hearings which have been held, were to look at the facility in Marianna, they would have a more objective outlook to the Federal prison concept.

Commr. Windram informed the Board that he has discovered a potential site in District Four.

Commr. Bakich stated that he has removed the Umatilla area from potential sites, because of considerable opposition in that area, and that the Federal Government stated that the area did not meet the criteria, but that he has not removed the entire District Five area from consideration.

Commr. Gregg noted that he had attended five clubs and organizations in the past two weeks, and that the reactions he had observed were more favorable than negative, and the attendees have had open minds to the issue.

Commr. Swartz stated that, unless there is a considerable change in public opinion in District Three, he would like to remove sites in that district from consideration.

Commr. Bailey stated that he would like to remove sites in District Two from consideration.

Commr. Gregg felt that, for the Board to proceed with these site selections, the Board should not tell the Committee to take any districts from consideration.

Commr. Bakich clarified that, in District Five, he was committing only to removing the Umatilla area from consideration.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board approved to proceed with the site selection review for a Federal prison site in Lake County.

Commr. Bailey and Commr. Swartz voted "No".

ZONING

PUBLIC HEARING #2-89-4 A to PUD Ralph Suggs

Mr. David Clapsaddle, Director of Development Coordination, appeared before the Board to discuss rezoning Case #2-89-4, Ralph Suggs which had been postponed from the April 18, 1989, Board meeting. He stated that there had been two postponements on this case previously, and that the original application was for rezoning for A (Agricultural) to RE (Rural Estates). The applicant has since applied for a PUD (Planned Unit Development), for one acre lots with lot widths of less than 150 feet along a County maintained road. It was postponed from April 18th to allow the Development Review Committee to meet and present its comments to the Board.

No one present wished to discuss the request with the Board.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), for one acre lots with lot widths of less than 150 feet.

Commr. Windram was not present for the vote.

COMMISSIONER'S BUSINESS (CONT'D.)

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

Commr. Gregg brought to the attention of the Board a memorandum from Mr. Michael Szunyog, Director of Planning, for appointments to the Citizens Advisory Committee for the Conservation Element of the Comprehensive Plan.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the following appointments to the Citizens Advisory Committee for the Conservation Element of the Comprehensive Plan:

Stephen R. Adams Environmental Consultant

J. David Burkhardt Manufacturing

William H. Good Nursery/Livestock

Dick Kirkendall Boy Scouts of America

Cynthia Schumacher Retired Educator

Pat Leonard Retired

Paul Bethune Grower

Rebekah Power U. S. Postal Service

Mary Mac Telephone Answering

Paul R. Kaster, Jr. Retired

Constance Patrowicz --

Karen Turville --

Commr. Windram was not present for the vote.

AMBULANCES-HOSPITAL DISTRICTS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Gregg informed the Board that he recommends the appointment of Dr. David Burnsed, a surgeon in Leesburg, to the Indigent Health Care Ad Hoc Committee.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the appointment of Dr. David Burnsed, a surgeon in Leesburg, to the Indigent Health Care Ad Hoc Committee.

Commr. Windram was not present for the vote.

Commr. Gregg stated that the Committee has met once and has set a deadline of six months to arrive at a decision regarding indigent health care in Lake County.

AMBULANCES-HOSPITAL DISTRICTS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Gregg stated that he would like to reappoint Mr. Howard Hewitt to the Northwest Hospital Tax District Board.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the appointment of Mr. Howard Hewitt, to the Northwest Hospital Tax District Board, as recommended by Commr. Gregg.

Commr. Windram was not present for the vote.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH

Commr. Gregg brought to the attention of the Board a letter received from the Department of Health and Rehabilitative Services, requesting that the Board select one of the commissioners to apply for membership on the District Advisory Council, which will be considered by the governor for appointment, therefore, he recommended Commr. Bailey.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the recommendation by Commr. Gregg, to appoint Commr. Bailey as the county commissioner to represent Lake County on the Department of Health and Rehabilitative Services District Advisory Council.

Commr. Windram was not present for the vote.

COMMUNICATIONS/MEETINGS

Commr. Gregg brought up the fact that Ms. Dottie Keedy, Public Works, has completed a survey of cable television ordinances, and questioned whether or not the Board would like to have a workshop on the subject, or appoint a committee.

It was the consensus of the Board to handle this issue in a workshop session in a future meeting.

COMMITTEES/MEETINGS/OUTDOOR RECREATION

Commr. Swartz brought to the attention of the Board that the Recreation Advisory Board met for the first time on Monday night, May 1, 1989, and that it was cordial and well attended. He stated that the Minutes of that meeting would be forthcoming for review by all Commissioners.

There being no further business to be brought to the attention of the Board, Commr. Bakich made a motion, seconded by Commr. Bailey and carried, to adjourn the meeting at 11:45 a.m.

Commr. Windram was not present for the vote.

C. W. "CHICK" GREGG, CHAIRMAN

ATTEST:

JAMES C. WATKINS

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