The Lake County Board of County Commissioners met in regular session on Tuesday, August 1, 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, County Manager's Assistant; and Linda Springston, Deputy Clerk.

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

MINUTES

Commr. Swartz recommended the following amendments to the July 18, 1989 Minutes:

Page 21, line 10, the record should reflect "...because the applicant could have subdivided the property...".

Page 22, line 24, the record should reflect that the vote was not to "overturn" Planning and Zoning's recommendation.

Page 23, line 7, the record should reflect "...to put fence up to National Electric Safety Code standards".

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

COUNTY EMPLOYEES/HEALTH & GENERAL SERVICES/PUBLIC WORKS

Commr. Gregg presented the Employee of the Month Award for July, 1989, to Mr. Gary Spires, an employee in the Leesburg Maintenance Barn, consisting of a plaque, a savings bond, and a designated parking space.

Commr. Gregg presented Mr. Lonnie Strickland, Director of Health and General Services, with a plaque for 10 years of service to the county.

ACCOUNTS ALLOWED/RESOLUTIONS/STATE AGENCIES/WATER AUTHORITY

Commr. Gregg brought to the attention of the Board that he had been contacted by Ms. Barbara Griffin, with the Department of Natural Resources (DNR), informing him that they have been negotiating a deal with BMK Ranch and M. K. Groves (which is Number Three on the CARL list). DNR will be needing some participation by the County Commission and the Water Authority. Therefore, Commr. Gregg is requesting authorization to negotiate with DNR up to $500,000.00, with Water Authority participating at 50 percent of that amount. In order to simplify the contract, Commr. Gregg and the State would like the county to go on the contract jointly with the State and have the Water Authority contribute money to the county towards that amount.

Commr. Gregg noted that a representative from the Water Authority Board indicated that they would be agreeable to support the deal.

Commr. Gregg recommended that the Board obtain the funding from the excess revenues from the sales tax, which is keeping within legal bounds of how the sales tax money may be spent.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the expenditure, up to $500,000.00 of the sales tax monies, to purchase, with the State, BMK Ranches, Inc. and M. K. Citrus Ltd. Partnership, with participation of 50 percent by the Lake County Water Authority.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Payment of Warrant No. 96693 through Warrant No. 97172 for the following accounts:

Landfills

Mt. Plymouth Fire District Countywide Library

General Revenue Fine & Forfeiture

Eustis Section 8 Bassville Fire District

Section 8 Private Industry Council

Capital Outlay Northwest Fire District

Revenue Sharing Countywide Fire District

Aquatic Weed Law Library

Emergency 911 Fund Pasco Fire District

Mosquito Control Certificate of Indebtedness

South Lake Fire District Paisley Fire District

Road Impact Law Enforcement Trust Fund

Bonds - Contractor

New

1542-89 Charles Welch (General)

4433-89 Kenneth A. Shimtes dba Screen Master Corp.

(Aluminum Specialty)

4721-89 Joseph R. Reisler (Registered Electrical Contractor)

4722-89 Diana Landino (Roofing)

4723-89 Jack Perez dba Electrical Power Service, Inc.

(Electrical Contractor)

4724-89 Roofing Specialties of Pinellas County, Inc.

(Roofing Contractor)

4725-89 Michael A. Cistaro, Jr. (Electrical)

4726-89 Electric Services, Inc. (Electrical)

4727-89 Lonnie Cannon (Roofing)

4728-89 Edward E. Shiflett (HARV Class B)

4729-89 Thomas E. Butler dba Related Electric, Inc.

(Electrical)

4730-89 Ronald Charles Torri (Plumbing)

4731-89 Dennis W. Mathis

4732-89 Douglas Wieckhorst (Electrician)

4743-89 Christopher C. Chappel dba Harold Ellzey

Plumbing, Inc. (Plumbing)

4744-89 JR & K Electrical, Inc. (Electrical)

4745-89 Osbond V. Baggett (Building Contractor)

4746-89 Tom K. Dougherty (Type B - Building Contractor)

4747-89 Jerry E. Gills (Building Contractor)

4748-89 Mark Kowalski dba Reliant Heat & Air (HARV)

Cancellations

4189-89 Donald Smith dba Accurate Sign L Design, Inc.

4544-89 Jeff Vanderklip dba CIR Electric, Inc.

4666-89 Michael Mehrman dba True Temp, Inc.

Accounts Allowed/Courts-Judges

Request for order of payment of costs, for Case No. 88-1861-CF-L2, State of Florida v. Lisa Powell, in the amount of $157.02, to Michael A. Graves, Chief Assistant Public Defender.

Accounts Allowed/Courts-Judges

Request for order of payment of costs, for Case No. 88-1861-CF-L2, State of Florida v. Lisa Powell, in the amount of $106.24, to T. Michael Johnson, Executive Assistant Public Defender.

Accounts Allowed/County Property

Request for eleven (11) items, in the amount of $50,139.68, to be removed from Lake County's Fixed Assets, as follows:

Prop.# Department Item Amount Reason

8174 Lake Co. EMS 1983 Ford Ambulance $39,205.00 To be junked

8370 Lake Co. EMS Portable Suction Unit 375.00 To be junked

8371 Lake Co. EMS Portable Suction Unit 375.00 To be junked

8372 Lake Co. EMS Portable Suction Unit 375.00 To be junked

8373 Lake Co. EMS Portable Suction Unit 375.00 To be junked

8628 Poll. Cntrl. Swivel Tilt Chair 208.95 To be junked

9365 Animal Cntrl. Shinwa Pager 291.10 Lost

9393 Bldg. Dept. Base Station Radio 6,856.50 Stolen

10734 Bassville FD 1972 Cabover Truck 1,400.00 To be junked

11893 Southlake FD Shinwa Pager 289.13 Destroyed

12242 Crim.Jus.Fac. Portable Radio 389.00 Lost

TOTAL $50,139.68

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case No. 83-601-CJ, Adrian Demitrias King, and Janie King, in the amount of $150.00.

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case NO. 81-755-CJ, Adrian Demitrias King, and Jannie King, in the amount of $150.00.

COUNTY MANAGER CONSENT AGENDA

Commr. Swartz commented on Tab 8, the request from Purchasing for annual bid extensions and rebids for FY 1989-90, that this could possibly be included in a maintenance contract for copiers and computers, or have Personnel hire an employee do that type of work.

Mr. James C. Watkins, Clerk and Acting County Manager, indicated that, possibly, in the future, the county could pursue that idea as a way of handling maintenance for copiers and computers.

Commr. Swartz wondered whether Tab 13 should be pulled from the agenda.

Mr. Watkins suggested postponing Tab 12 until Mr. Lonnie Strickland, Director of Health and General Services, was present to address that subject.

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

Bids/Purchasing Department

Request from Purchasing for annual bid extensions and rebids for FY 1989-90.

Bids/Public Health/Purchasing Department

Request from Purchasing to bid on the following services: Medical Examiner Toxicology Services; Medical Examiner Histology Services.

Building Department/County Employees/Emergency Management

Fairgrounds/Personnel/Planning & Development/Pollution Control

Public Works

Request for signature on Service Certificates for Employees with one and three years of service, as follows:

One Year Certificates

Shontina Maya

Iris H. Aleman Planning Department

Charles P. Simmons Public Works

Joanne K. Singleton Emergency Management

Suzanne B. Larson Pollution Control

Three Year Certificates

Betty H. Dittman Fairgrounds

Frank S. Franklin Public Works

Sharla R. VanScoyk Public Works

Virginia R. McAllister Planning Department

Accounts Allowed/Health Department

Request for approval on the Application and Certificate for payment No. 5, to Mark Cook Builders, Inc., for the Umatilla Health Department, in the amount of $51,390.90.

Accounts Allowed/Public Health

Request for authorization to pay Shutze & Techman, P.A., for services to the Medical Examiner's Office, for the June billing, in the amount of $9,517.26.

Accounts Allowed/Libraries/Municipalities

Request for reimbursement of expenditures for June, 1989, to the City of Eustis, on behalf of the Eustis Library, in the amount of $27,511.98.

Accounts Allowed/Libraries

Request for the reimbursement of mortgage payment to Cooper Memorial Library, in the amount of $8,573.86.

Accounts Allowed/Libraries/Municipalities

Request for reimbursement to the Mt. Dora Library for salaries and benefits for March, April, May, and June, 1989, in the amount $18,891.81.

Accounts Allowed/Laws & Legislation/Public Health

Request for the authorization of payment for an Orlando Regional Medical Center Hospital claim, under the Health Care Responsibility Act, in the amount of $6,353.66.

Accounts Allowed/Laws & Legislation/Public Health

Request for the authorization of payment for a Shands Hospital inpatient claim under the Health Care Responsibility Act, in the amount of $11,112.28.

Accounts Allowed/Ambulances-Hospital Districts/Checks Received

Request to accept a check, in the amount of $22,298.88, from South Lake Memorial Hospital, and authorize the expenditure of the funds.

Planning & Development/Subdivisions

Request for the preliminary approval of Wedgewood Club, Phase III.

Bonds - Mobile Home

Request for the extension of an existing mobile home bond for Max Sonntag, Sorrento Area, District #4.

Bonds - Mobile Home

Request for the cancellation of the following mobile home bonds:

Mirian Hershkowitz - Altoona Area - District #5

Carolyn Williamson - Lady Lake Area - District #1

Accounts Allowed/Road Projects/Subdivisions

Request for payment #2, to Rix Construction Co., for Project #SA-61, Haines Creek Heights Subdivision, in the amount of $67,050.16.

Contracts, Leases & Agreements/Public Works

Request for approval to issue Franchise Number 88 to Florida Garbage Service, Inc.

Deeds/Right-of-Ways, Roads & Easements

Request to accept the following Right-of-Way Deeds:

James R. & Judith A. Botti #3-2035 Apshawa Rd.

Ivan & Arlete Miller #5-6661 McKinley Rd.

Ronald & Rhonda King #5-6661 McKinley Rd.

Holy Trinity Church Marjorie St.

Earl Stockwell C-44

John G. & Kathleen A. Brouwer #2-2729 E. Dewey Robbins Rd.

Clarence D. & Lou Beck #2-1207 Stephens Rd.

Barbara A. Love #5-7961 Peru Rd.

Bobbie B. & Gene C. Wise C-439

COUNTY MANAGER DEPARTMENTAL BUSINESS

COUNTY BUILDINGS & GROUNDS/COURTHOUSE/ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request to initiate a County Government Office Recycling Program, in conjunction with the Solid Waste Management Program.

Mr. Brad Bauserman, Recycling Coordinator, appeared before the Board to explain the program to the Board. He stated that the Office Recycling Program will reduce the garbage costs and extend the life of the landfills.

Mr. Bauserman stated that, to begin with, he would like to initiate an Office Paper Recycling Program within the two courthouses, collecting computer printout paper, ledger paper (copy paper) and newspapers. The newspapers would have drop off locations in the courthouses where the Boy Scouts, from Eustis, would periodically pick up those papers.

Mr. Bauserman demonstrated to the Board the types of containers which would be utilized for the program, and explained the process of disposing of the paper by the custodial staff. A special container would be provided by the contractor picking up the recycled paper.

Mr. Bauserman noted that the county may average $30.00 per ton for the sale of the recycled paper, and that the expenses of the program are reimbursable through the Solid Waste Recycling Grant.

Mr. James C. Watkins, Clerk and Acting County Manager, stated that he would like to see the entire county complex included in the program, not just the two courthouses.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request to initiate the County Government Office Recycling Program.

ACCOUNTS ALLOWED/FIRE PROTECTION

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request from the Northwest Fire District, to purchase an Elkhart Stinger Deck Deluse Gun (nozzle assembly) with shaper tube and quad tips, with a portable mount, in the amount of $1,826.00. He explained to the Board the need for this assembly and mount, which allows the firemen easier access for the direction of the firehose nozzle. The funds are available in the Northwest District's budget.

Commr. Swartz questioned the feasibility of purchasing this item in the Northwest Fire District when other Fire Districts are in need of money.

Commr. Bakich noted that if that district has the ability to acquire the equipment, that the Board cannot, feasibly, turn it down.

Commr. Swartz then questioned the purpose of the date of November 14, 1989, as the designated date for the public hearing for the consolidation of the fire districts. To which Mr. Strickland responded that all of the work that would need to be done to institute consolidation could not have been accomplished in time for the beginning of the new fiscal year.

Commr. Gregg reminded the Board that this equipment will be utilized in other fire districts, if need be.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Northwest Fire District, to purchase an Elkhart Stinger Deck Deluse Gun (nozzle assembly) with shaper tube and quad tips, with a portable mount, in the amount of $1,826.00.

ACCOUNTS ALLOWED/FIRE PROTECTION/PUBLIC HEALTH

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss their assistance with the construction of a Lake County Public Health Unit Clinic facility, and remodeling the existing building for administration, at a cost of $80,000.00.

Mr. Strickland stated that, in January or February the nurse's house will be torn down because of the new Jail construction, therefore, space will need to be created for the nurse's use. Mr. Strickland noted that the original $80,000.00 request could be reduced to an amount of $30,000.00.

Mr. Strickland stated that on Tab 29 of the County Manager's Agenda, the old Health Department facility in Leesburg is being sold to the City of Leesburg for $72,000.00. There is a commitment, which was made in 1986, with a local developer, for the county to construct a fire station in the Plantation, and that $76,000.00 was placed in the county's accounts three years ago. However, if the station would have been built in 1986, it would have cost $76,000.00. Today, that station costs approximately $110,000.00, therefore, it will be necessary to provide additional funding to build that station.

Discussion occurred regarding the feasibility of building fire stations within close range of each other.

Dr. June Atkinson, Director of Public Health, appeared before the Board to discuss the proposed Lake County Public Health Unit Clinic facility, in Tavares. She stated that to relocate the nurses in another location is not practical because that would necessitate them driving to that other location to do work at their desk. The nurses must be in close proximity of the facility because they are involved in patient care on a daily basis.

Dr. Atkinson noted that building a new clinic facility in the Tavares area, would allow the existing building to be utilized for administrative purposes, such as the School Health Team: Women, Infants and Children; and the Supplemental Food Program, therefore, reducing the administrative costs for rental space.

Dr. Atkinson stated that as many as 1,600-1,800 people come to the Health Department for services in any given month, and adequate parking must be maintained for those patients.

Dr. Atkinson noted that certain costs could be reduced, but at least $30,000.00 will need to be received from the Board to do the construction.

Commr. Gregg questioned Dr. Atkinson whether she is cutting down on any of the services in the Health Department, to which Dr. Atkinson replied that she is not, and has just hired another pediatrician, and is expanding the children services. She stated that she is also preparing to replace the family practice physician position which has been vacant. She also stated that, she is expanding on primary care services, but, at present, is unable to provide free medication because that budget has been expended.

Dr. Atkinson noted that the Health Department was temporarily on hold when the primary care physician left during July, therefore, they could not accept new patients, because there was not enough staff available. She stated that the Lake County Public Health Unit does not have the facilities or funds to provide 24 hour service.

Dr. Atkinson stated that the Health Department is under very strict guidelines and controls by the State.

Mr. James C. Watkins, Clerk and Acting County Manager, stated that he understood that $247,000.00 would be made available through State and county funds, presently in the budget, to construct the building if the county furnished the land. There is an additional $30,000.00 which the Board would need to contribute to accomplish that task.

Dr. Atkinson stated that in order to reduce costs and expedite the procedure, the Board could approve the use of plans, such as the Umatilla Health Department, to avoid the necessity of seeking architecture bids.

Dr. Atkinson stated that she will need to reduce services in Tavares until the new facility is completed, because they will not have adequate space to work. Some of the patients can be diverted to the Leesburg and Umatilla health facilities.

Commr. Gregg questioned, if the county decided to contract with someone else, to provide these services, could the Health Department funds be utilized.

Mr. Christopher C. Ford, County Attorney, stated that the county could not use Health Department funds, but could use strictly county funds.

Mr. Mike Anderson, Assistant Director of Public Works, stated that with specification changes, some of the overall costs could be reduced considerably, and still have an efficient and functional building.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to assist with the construction costs of the Lake County Public Health Unit Clinic facility, in an amount not to exceed $30,000.00, to be derived from a portion of the sale of the county facility in Leesburg to the City of Leesburg, with the cost of the facility not to exceed $277,000.00.

AGRICULTURAL CENTER/COUNTY PROPERTY/PUBLIC HEALTH

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize staff to work with Dr. Atkinson in determining what portion of the county land, near the Agricultural Center, would be appropriate for this facility, and approved to utilize the plans from the previous facility, with the county's Engineering Department to review the specifications, in order to cut costs.

Mr. James C. Watkins, Clerk and Acting County Manager, noted that Dr. Haddox, Agricultural Center, should be involved in the determination of the land which will be utilized.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY

MUNICIPALITIES/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the acceptance of and signature on the purchase contract between the Lake County Board of County Commissioners and the City of Leesburg, for property located at 314 Canal Street, Leesburg, Florida, in the amount of $72,000.00; and approve a Resolution for the exchange of the property.

ACCOUNTS ALLOWED/FIRE PROTECTION

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to spend the unused portion of the proceeds, from the previously discussed sale, in an amount not to exceed $42,000.00, for building the fire house at Plantation, as previously committed.

ACCOUNTS ALLOWED/ROAD PROJECTS/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to accept Change Order #3, to Project #SA-61, Haines Creek Heights Subdivision, in the amount of $ll,8OO.OO, for extensions to existing turn and deceleration lanes. He noted that this request is actually adjacent to the subdivision, but is utilizing the same contractor. The reason for the change is because the tapers at the Harbor Shores Subdivision left turn lanes are short and the transition, going in and off the road, needs to be lengthened a couple of hundred feet. There is also a similar situation a mile down the road at the intersection of Emeralda Island Road and State Road 44, where the deceleration lane did not go up to the intersection. The $ll,0OO.OO includes the extension of the tapers and a 70' by 12' deceleration lane at the corner of Emeralda Island Road and State Road 44.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board approved the request to accept Change Order 113, to Project #SA-61, Haines Creek Heights Subdivision, in the amount of $ll,8OO.OO, for extensions to existing turn and deceleration lanes (CTT funds).

Commr. Bailey was not present for the vote.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids for one self contained garbage transport trailer unit, at an estimated cost of $65,000.00. He noted that this request is to replace a 1971, Property No. 61, transfer trailer, because it leaks and is beyond repair. It will be junked and the usable parts removed.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried, the Board approved the request to advertise for bids for one self contained garbage transport trailer unit, at an estimated cost of $65,000.00.

Commr. Bailey and Commr. Bakich were not present for the vote.

ACCOUNTS ALLOWED/BIDS/ROADS-COUNTY & STATE/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids on C-48/SR-19 intersection improvement, at an estimated cost of $125,000.00 (Impact Fee Funded). He noted that this improvement will include left turn lanes and a flashing beacon. Presently, the intersection has a "Y" type design and is confusing to motorists.

Commr. Swartz noted that this proposal is to advertise for bids on the impact fee project at the intersection of Highway 19 and State Road 48, and, in addition to that, include in the bid package the project at Central Avenue and Highway 19, which was discussed and approved by the Board, at the July 18, 1989, Board meeting.

Mr. Stivender stated that the intersection improvement at Highway 19 and State Road is the project that the county will undertake. The project at the intersection of Highway 19 and Central Avenue, proposed by Silver Springs Coop and the City of Howey-in-Hills will be paid entirely by them.

On a motion by Commr.Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids on C-48/SR-19 intersection improvement, at an estimated cost of $125,000.00 (Impact Fee funded).

BUDGETS/PLANNING & DEVELOPMENT/SHERIFF'S DEPARTMENT

STATE AGENCIES/WATER AUTHORITY

Mr. Don Smalt, Internal Auditor, appeared before the Board to present an update on the budget process schedule. He stated that today, August 1, 1989, the county must provide the Property Appraiser with a Form 420. The next public hearing for the budget is set for September 5, 1989, at 5:05 p.m., which is required by the TRIM law.

Mr. Jim Schuster, Finance Director, discussed with the Board a summary of the General Fund, including the revenues and expenses by classification. The purpose of the summary is to allow the Board to determine how the county's budget began and how it ended for the year. The summary included the 1989 Amended Budget, what the departments originally requested, the cut back status quo, and the tentative amount derived from the worksessions with the Board.

Mr. Schuster noted that a substantial change was made in the E911 system, where they are funding, by contract, the major capital outlay, over a three year period, which had originally been provided for, completely, in the current year estimate. That increased the funds available for this year, for the fund balance, because of the decrease in expenditures last year. This eliminated the entire transfer of $381,000.00, to the E911 fund, which was to occur this year. The result from that, under the other financing sources and uses, where originally $1.2 million was estimated, it is now $2.6 million, which is a $1,300,000.00 increase, which results from the $550,000.00 which the Tax Collector stated would be provided in excess fees for this year. An amount of $492,000.00 is from the changes in the fund transfer, including E911. That also reduced the status quo taxes.

Mr. Schuster noted that there was also an approximate $300,00.00 reduction in necessary taxes.

Mr. Schuster discussed the column that compares the 1989 amended budget to the 1990 budget, which provides the difference from the 1989 and 1990 proposed budget.

Mr. James C. Watkins, Clerk and Acting County Manager, informed the Board that they will need to address the Sheriff's Budget in regards to Inmate Care.

Mr. Schuster stated that $100,000.00 was budgeted for that Inmate Care and as of the end of June, 1989, $96,000.00 was spent, in a nine month period.

Mr. Watkins suggested that the Board keep Inmate Care with the Board's budget rather than transfer it back to the Sheriff, in order for the Board to keep track of what happens to those funds, and next year transfer that item to the Sheriff's Budget.

Discussion occurred regarding whether to give the Sheriff an additional $100,000.00 in his budget, or put that money into Contingency, transferring the funds, when necessary, into the Sheriff's Budget.

On a motion by Commr. Swarts, seconded by Commr. Bailey and carried unanimously, the Board approved to move the Inmate Health Care line item into the Sheriff's Department budget, and transfer the original $100,000.00, which had been in the Board's budget for that expense, and take $50,000.00 from the Contingency cash carry forward, to add to that line item to bring it up to a total of $150,000.00.

It was noted that the funds could only be spent on Corrections and the Board has the ability to request documentation of how it was spent.

Mr. Watkins brought up an area which has been brought to his attention, which was not addressed at the budget workshops, that deals with the Water Authority and the Planning Department having a joint project dealing with the GIS System. Water Authority is to fund this project, with the exception of personnel. The Board had made a commitment to Water Authority to fund the personnel. This item was not placed in the budget, and amounts to, approximately, $44,000.00. There is also an agreement with the St. Johns River Water Management District to help digitize the county's current land use plan, at an estimated expenditure of $20,000.00.

Mr. Michael Szunyog, Director of Planning, noted that the St. Johns River Water Management District is going to digitize the upper Oklawaha Basin, of which a good portion is in Lake County, and Lake County will do the rest of the county.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to remove from the Contingency cash carry forward line item to the Planning Department $20,000.00, for personal services, the contract with the St. Johns River Water Management District; and $44,000.00, to the personnel line item for the joint project with the Water Authority.

Mr. Schuster continued with the recap of the budget, stating that there was a $2.3 million increase in the General Fund over the 1989 amended budget, which is an approximate 15.8 percent increase.

Mr. Schuster briefly discussed the changes to the Fine and Forfeiture Fund, based on the cuts in the Sheriff's budget and the status quo budget.

Mr. Schuster stated that there is $8.6 million in tax revenues, which was previously $9.4 million, therefore, there is a $1.2 million deficit from the status quo budget. The Sheriff's Budget, overall, shows a 20 percent increase. The Fine and Forfeiture fund shows a 16.2 percent increase, which is approximately $2.3 million over the 1989 amended budget.

Mr. Schuster reviewed the summary of the Sheriff's Budget, with a breakdown by expenditure classification.

Mr. Schuster reviewed with the Board the property tax analysis, which gives the Board an idea of what has happened, historically, with the tax rate. In prior years, the county had substantially larger amounts of dollars to fund smaller budgets, currently, the fund balance forward is dwindling. The millage increase for the Fine and Forfeiture fund is at 70.9 percent, based on a period of three years. The millage increase for the General fund is at 49.8 percent, based on a period of three years. There has been, historically, a declining millage, even though the expenditures have increased. The Fine and Forfeiture fund started at $3.8 million in 1987, increasing to a tentative level of $8.6 million currently, based on a period of three years. The General fund increased from $4.7 million, to $9.4 million, based on a period of three years. There is a 110 percent increase between the two funds, based on a period of three years.

Mr. Schuster stated that the required present millage rate is at 5.412, which was decreased from 6.158.

Commr. Windram questioned what will be done for recreation, and whether it will be budgeted for.

Commr. Swartz stated the the balance that was in the Revenue Sharing fund was to be spent by the end of 1989, which consists of $164,000.00, and is not accounted for in cash carry forward.

Commr. Gregg stated that he would like to see the Board develop a plan as to what to do for recreation, then budget for it.

Commr. Swartz noted that Comprehensive Plan Committee was presented with goals and objectives, and that committee is going to give the Recreation Committee the basic plan that they have been working on for the past year and a half, which will be available with the Comprehensive Plan.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved for the Finance Department to allocate the cash carry forward amount of $164,000.00, for recreation, into the 1990 budget for that purpose.

Mr. Schuster stated that the certification of taxable value, presents the revenue which will be derived, based on the current rate. The current total operating millage is 3.8 mills, and the current tentative budget brings it up to 5.412 mills. In addition, the Northwest Lake Ambulance District millage, which is currently .223 mills, will stay the same. The Northeast Lake Hospital District is at a mandatory 1 mill, with no proposed change. The Northeast Lake Ambulance District is also proposed at .223 mills.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved to set the tentative millage rate at 5.412.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to set the tentative millage rate for the Northwest Lake Ambulance District at .223.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to set the tentative millage rate for the Northeast Lake Hospital District (Regular) at 1.00.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to set the tentative millage rate for the Northeast Lake Ambulance District at .223.

Mr. Watkins thanked, on behalf of the Board and himself, Mr. Schuster, Mr. Smalt, and the Planning Staff, for the preparation and recaps of the budget, historically and current.

COMMISSIONER BUSINESS

CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S DEPARTMENT

Commr. Gregg stated that a representative from the Sheriff's Department had returned the Neighborhood Crime Watch Agreement with the changes that the Board had requested previously, and he would like authorization to sign the agreement. He noted that the signs are not exclusive, one commercial operation will not have their name on every sign.

Mr. James C. Watkins, Clerk and Acting County Manager, questioned whether the Board needs to give permission for every sign to be placed in the right-of-way. To which Mr. Christopher C. Ford, County Attorney, responded that the sign's placement does require review and approval by Public Works.

Commr. Gregg noted that there is a clause in the agreement which allows the county to cancel it if the Sheriff's Department is not in compliance with the agreement.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board approved and authorized the proper signatures on the Neighborhood Crime Watch Agreement, striking the portion that automatically extends the agreement at the end of 10 years.

Commr. Swartz voted "No".

RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the proper signatures on the Resolution to name a lake lying within private property in Section 25, Township 18 South, Range 24 East, Lake County, Florida, to be named "Lake Stanley" and presented to Mr. and Mrs. Stanley F. Ricker.

RESOLUTIONS/STATE AGENCIES

Commr. Gregg stated that he had read the previous Resolution regarding Seminole Springs from the July 18, 1989, meeting, which he had not been present for, and felt that there needed to be more wording that related strictly to Seminole Springs. He also requested from Orange and Seminole County a similar resolution. He noted that the main portion added, was to urge the Cabinet to do everything within their power to acquire the land, up to and including eminent domain.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the Resolution to the State urging acquisition of Seminole Woods.

COMMISSIONERS/COMMUNICATIONS/MUNICIPALITIES

Commr. Gregg informed the Board that he had received a letter from the League of Cities, requesting the Board to appoint a Director to represent the commission on the League of Cities. Commr. Bakich suggested designating the new County Manager as that representative.

Commr. Bakich made a motion, which was seconded by Commr. Windram to designate the new County Manager as the Board's representative on the League of Cities.

Some discussion occurred and it was determined that the Director of the League of Cities must be a member of the Board of County Commissioners.

Therefore, Commr. Bakich amended his motion, and Commr. Windram amended his second, to reflect Commr. Swartz as the designated Director of the League of Cities, representing the Board of County Commissioners, which was approved and carried unanimously.

BIDS/COMMISSIONERS

Commr. Bakich stated that he has talked with several persons within the county that feel that they have not had the ability to earn the county's business, because of the bid process. He stated that the county needs to make every effort possible to buy products that are within the county.

Mr. James C. Watkins, Clerk and Acting County Manager, stated that the county diligently tries to give all local vendors an opportunity to bid on any county item. By going out of the county it has become more competitive than in the past, and have consequently, received better prices. Once the county starts dealing with a vendor, they usually stay in, because the county get used to working with a particular company. Perhaps, periodically the county needs to open these bids up to allow others to have an opportunity to deal with the county.

No action was taken.

RECESS AND REASSEMBLY

At 11:45 a.m. the Chairman announced that the Board would recess for lunch until 1:45 for interviews.

COUNTY MANAGER

ALAN A. THELAN

Commr. Bakich questioned Mr. Thelan as to his accomplishments during his tenure in Arapahoe County. To which Mr. Thelan responded that his greatest accomplishments were in the goals which were established, one being a performance appraisal system for county employees, which made the employees more productive; and the other being, to get the county into the utility business to assure the economic viability of some of the smaller districts. Another accomplishment was to negotiate with the Denver Broncos to relocate their headquarters and practice facilities to Arapahoe County in conjunction with a major regional park, which was related to the county's economic goal of stimulating development.

Mr. Thelan stated that feels growth can be handled through a strong comprehensive plan and utility policies, such as when he was Assistant Manager in the City of Orange, Kansas. He stated that, in the downtown area, in Kansas, there had been a major disaster which had destroyed the area. The growth management goal was to restore that area and provide confidence to the private sector, and develop a system of flood control so that the disaster would not occur again. He stated that when he was working in Titusville, the goals there were to react to growth.

Commr. Windram questioned the types of industrial and commercial development that had entered into Arapahoe County, with Mr. Thelan responding that office products, and regional centers for most of the Fortune 500 Company, are the major development in one industrial park. He noted that, there are a considerable amount of regional offices in the Rocky Mountain area, with headquarters in Denver, because of the air transportation and other transportation mechanisms.

Commr. Gregg questioned Mr. Thelan as to the length of time he plans to work, with Mr. Thelan responding that he plans on working until he can retire, at least another six years.

Commr. Bailey questioned Mr. Thelan how he had found out about the county's opening for County Manager, with Mr. Thelan responding that he had contacted Mr. Bob Slavin, Mercer, Slavin & Nevins, Inc. Mr. Thelan informed the Board that he could begin working for the county on approximately August 21st or 28th.

Mr. Thelan stated that he has had 28 years of experience working with commissions, ranging from three to eleven members, with 14 of those years being with groups of five members.

Commr. Swartz questioned Mr. Thelan as to what approach he would take coming into a new county that had not previously had a strong direction and what his work ethics are. Mr. Thelan stated that he would have sessions with the Board to find out what their goals and objectives are. He stated that, he would then look at the organization and assess the ability to accomplish the established goals, making changes, if need be, and obtain input from the organization.

Mr. Thelan informed the Board that the reason for leaving his last job is because he was the first County Manager hired there, under a resolution established by the county, and the county commission has decided to resume the job of the County Manager.

Mr. Thelan stated that he had worked with a Finance Director at one time, in Kansas. He felt that a budget projection of three years is the most beneficial way to plan.

Commr. Swartz described for Mr. Thelan the short term expectations of the County Manager.

Commr. Gregg stated that the immediate problem in Lake County is keeping up with the services needed because of added growth, and that the County Manager will need to review the growth management requirements and finances.

DISCUSSION

Commr. Windram indicated that he was very impressed with Mr. Thelan, because he seemed to be very outspoken, innovative, and had the type of experience that Lake County needs.

Commr. Bailey stated that he felt that Mr. Koncar, one of the previous applicants, because of his background in land use and his Florida connections, would be his choice.

Commr. Bakich stated that he liked Mr. Thelan because of his experience and innovation, and that Mr. Koncar did not have the experience that the county needs.

Commr. Swartz felt that Mr. Thelan would be a "safe" choice, but would prefer someone who is moving up in his career, such as Mr. Koncar.

Commr. Gregg stated that he felt that Mr. Thelan would be aggressive and is very innovative, and that his being in a chief executive position speaks well for him. Also, he is experienced in thinking in terms of growth and how to finance that growth.

Commr. Bailey noted that he would like the Board to negotiate with Mr. Koncar if Mr. Thelan does not work out, as Mr. Braun had.

The Board directed Commr. Bakich to travel to Colorado and check out Mr. Thelan, and if he finds Mr. Thelan not to his liking, to proceed with reviewing Mr. Koncar.

It was the consensus of the Board to choose Mr. Thelan as their first choice for County Manager, and if, for some reason, he does not work out, choose Mr. Koncar as the second choice.

Mr. Bob Slavin, Mercer, Slavin & Nevins, Inc., informed the Board that Mr. Koncar has been kept informed as to the direction the Board has taken and he will continue updating him in that regard.

COUNTY ATTORNEY

ANNETTE STAR LUSTGARTEN

Commr. Swartz questioned Mrs. Lustgarten on her thoughts of in-house counsel and her expectations. To which Mrs. Lustgarten responded that, when she became the City Attorney for the City of Miramar, they also had outside counsel. Her responsibilities were to create a law office, establish a relationship with the commission and the Mayor, and to be responsive to directives, requests and opinions.

Commr. Bailey questioned Mrs. Lustgarten on her background in land use planning. To which she responded that the City of Miramar's Land Use Plan has been submitted and they are currently commencing with a Notice of Noncompliance to correct a minor problem in their plan. She noted that land use, comprehensive plans, zoning, platting and environmental law is her area of expertise.

Commr. Gregg questioned Mrs. Lustgarten whether the City of Miramar has experienced much litigation during her tenure, to which she responded that there has been very little litigation.

Mrs. Lustgarten stated that she felt that the main role of an attorney is to try to negotiate to resolve the issue within the law, but at the same time being firm in the representation of her client. Litigation should be avoided, if possible, and compromises should try to be attained through negotiation.

Mrs. Lustgarten stated that, presently, she does everything except court litigation and personal injury, which consists of preparing the legislation for ordinances and resolutions, writing contracts, and sitting with the commission at all meetings and workshops. She stated that she also sits on special boards, such as the Planning and Zoning Board, Code Enforcement Board, and the Legal Service Board. She noted that she responds to all department and division heads.

Mrs. Lustgarten stated that she has not been involved in condemnation suits, but is familiar with the process. She has been involved in property negotiations.

Mrs. Lustgarten noted that an appropriate staff to begin an in-house County Attorney's office would consist of an assistant, with possibly a second assistant, depending on the workload, and two secretaries, along with the necessary office supplies and equipment.

Mrs. Lustgarten presented the Board with a practical budget which she had prepared to get the office started, based on no knowledge of the personal needs for the county.

Mrs. Lustgarten stated that she would need to give her present employer three weeks' notice, and would like to take a two week vacation before starting with the county.

Mrs. Lustgarten stated that she would like to establish a good working relationship with the current County Attorney, and recommended that any major litigation that he is currently handling should be continued by him.

Mrs. Lustgarten questioned the Board as to the certain committees and boards that the County Attorney sits in on, the status of the landfills, the type of liability insurance the county has, the fire departments, and the recycling program.

PHILLIP D. HAVENS

Commr. Swartz questioned Mr. Havens as to what interested him into returning to the public sector, after having been in the private sector. To which Mr. Havens responded that he was interested in an opportunity to run his own office. He stated that the Nuclear Regulatory work that he currently does with Florida Power Corp., is essentially the same as the environmental work

within the county.

Mr. Havens stated that some of his overall goals are to provide accurate advice to the commission and to be involved in key issues for development within Florida.

Mr. Havens stated that he envisions the in-house legal staff to consist of a single attorney and a secretary.

Mr. Havens requested the commission's views on development and water.

Mr. Havens stated that he could start working for the county, if chosen, in approximately 30 to 60 days.

WILLIAM P. BUZTREY

Commr. Swartz questioned Mr. Buztrey as to the reason behind him seeking another County Attorney position, other than the one he currently holds. To which Mr. Buztrey stated that he prefers the location of Lake County and the salary range is more attractive. He also appreciates the challenge to establish a new County Attorney's office.

Mr. Buztry noted that he feels that the County Attorney work in Lake County would be similar to the work in Escambia County, with the exception of Escambia County having no zoning laws.

Mr. Buztrey stated that he envisions the County Attorney's staff as consisting of a County Attorney, an assistant, and two secretaries.

Mr. Buztrey stated that, if chosen, he would be able to start working for Lake County after Labor Day (September 5, 1989).

Mr. Buztrey questioned the Board as to what the required duties of the County Attorney are.

DAVID W. RYNDERS

Commr. Bakich questioned Mr. Rynders as to what his duties are with the City of Naples. To which Mr. Rynders responded that he does all of their legal work and litigation. He had been involved in drafting the first Municipal Service Taxing Unit (MSTU) within Pinellas County, and in the preparation of Comprehensive Plans in Pasco County. He also has a private practice, but prefers government-type work.

Mr. Rynders stated that he envisions the County Attorney's office as consisting of two attorney's, two secretaries, and a legal assistant.

Mr. Rynders questioned the Board as to how the relationship will continue with the present County Attorney.

Mr. Rynders stated that, if chosen, he would be able to start working for Lake County not later than October 1, 1989.

DISCUSSION

Commr. Bailey stated that he was impressed with Mrs. Lustgarten, but was not sure whether he was ready to make a decision today or if the Board should try another list of candidates.

Commr. Bakich agreed with Commr. Bailey, in that, he was impressed with Mrs. Lustgarten. He further stated that he felt that she was very prepared, and he is willing to go forward with her as the Board's choice.

Commr. Gregg stated that Mrs. Lustgarten was well organized and that she is the best candidate for the position.

Commr. Swartz stated that Mrs. Lustgarten is well qualified for the position and is in support of her for the position. He noted that she has the energy level, the animation, and her background is well suited for the position.

It was the consensus of the Board to select Mrs. Lustgarten as Lake County's in-house County Attorney.

Mr. Bob Slavin, Mercer, Slavin & Nevins, Inc., stated that Mrs. Lustgarten's background check found her to be an extremely professional attorney. Her background is well suited to Lake County's needs.

Commr. Swartz commented that Mrs. Lustgarten has a very good handle on the needs for the County Attorney's office, as she demonstrated in the budget she had prepared.

Commr. Gregg noted that the salary negotiations should include an automobile.

Mr. Slavin suggested that the candidate prepare a "wish list" to submit to the Board and himself, in order to begin the negotiation process.

The Board briefly discussed the Director of Environmental Services position which needs to be filled, and it was the consensus of the Board to go through the normal process of the county's Personnel Department.

Mr. Slavin stated that he will start negotiating with Mr. Thelan for the County Manager position, contingent upon the trip to Colorado, which Commr. Bakich is taking, in order to speak with some of Mr. Thelan's references.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:50 p.m.

C. W. "CHICK" GREGG, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

LS/8/04/89 Fri 10:17/WP-4

8/1/89