The Lake County Board of County Commissioners met in regular session on Tuesday, December 8, 1992 at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Barbara Lehman, Finance Director; and Marlene S. Foran, Deputy Clerk.

Reverend Don Rushing, Pastor of the First Baptist Church in Tavares, gave the Invocation and led those present in the Pledge of Allegiance.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

CLERK/COMMISSIONERS

Mr. Steven Carr, representing the National Government Finance Officers Association, appeared before those present to present the "Distinguished Budget Presentation Award" to Mr. James C. Watkins, Clerk of Courts. Mr. Carr stated that the National Government Finance Officers Association is an organization of Government Finance Officials in the United States and Canada. The Association sponsors the "Distinguished Budget" program and the "Certificate of Achievement" program, which is presented for excellence in financial reporting.

Mr. Carr presented the "Distinguished Budget Presentation Award" to Mr. Watkins, Clerk, for the Clerk of Courts Fiscal Year 1991-92 Budget Presentation. He stated that this is the first time the "Distinguished Budget Presentation Award" has been awarded to a Clerk's Office in the State of Florida.

At this time, Mr. Watkins accepted the award on behalf of the Lake County Clerk of Courts Office, expressed his gratitude to staff, and recognized Mr. Kevin McDonald, Ms. Marilyn Alspach, and

Ms. Allison Rehbaum for their outstanding work on the 1991 budget presentation.

Mr. Carr presented the "Certificate of Achievement" award to the Lake County Clerk of Courts, and the Lake County Board of County Commissioners for their Comprehensive Annual Financial Report. Commr. Richard Swartz, Chairman, accepted the award on behalf of the Board and the Clerk's Office, and Mr. Watkins expressed his gratitude to staff, and recognized Mr. Jim Schuster, Ms. Barbara Lehman, Ms. Sarah LaMarche, Ms. Tracy Zeller, and Ms. Linda Lorentz for their outstanding work.

The presentation of the United Way Award to Robbie Hollenbeck was not presented at this time.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of County bills and bills of indigents.

It was brought to the attention of staff that there were no payments released for this time period due to the computer conversion.

CLERK/COUNTY POLICY

Mr. James C. Watkins, Clerk, noted a change in policy in reference to the release of checks for the payment of County bills and bills of indigents whereby bills, based upon the Board's approval of the budget, adherence to State Statutes, and Board policies and procedures by the department heads, are paid prior to presentation of the warrant register to the Board. He stated that this procedure will expedite payment to vendors.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested that Tab 4, the request for approval to accept donation of the H. D. Moreland property, located in Southwest Lake County, be pulled from the County Manager's Consent Agenda. Mr. Wahl noted that the Consent Agenda also includes Addendum No. 1, Items 1 - 3.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests, with the exception of Tab 4:

Accounts Allowed/Public Health/Community Services

Request for approval of payment to Shands Hospital under the Health Care Responsibility Act, for inpatient hospital stay for a Lake County resident, in the amount of $30,886.18.

Accounts Allowed/Contracts, Leases & Agreements/Libraries

Request for approval to encumber funds, in the amount of $13,420.80, for the 1993 McNaughton Book Leasing Plan for Tavares Public Library, Cooper Memorial Library, and Lady Lake Public Library, and authorized proper signature on same.

Accounts Allowed/Ambulances-Hospital Districts

Request for approval of payment of monthly medicaid hospital bill, in the amount of $64,935.83, and the medicaid nursing home bill, in the amount of $31,735.66, for the month of October, and authorized proper signature on same.

Fire and Emergency Services/Grants/Audits

Request for authorization for Chairman to sign a letter acknowledging concurrence with additional audit requirements to the EMS County Grant Application.

Contracts, Leases & Agreements/Planning & Development

Request for agreement between Lake County and Franklin D. Longenbach relating to the issuance of building permits while platting is in progress.

Bonds - Mobile Home

Request for renewal of a mobile home bond issued to Patrick Quinn - Paisley area - Commission District No. 4.

Grants/Landfills

Request for authorized proper signature on three original fourth quarter Recycling and Education Grant reimbursement requests.

Roads-County & State/Signs/Resolutions

Request for approval to post "No Parking on Right-of-Way" signs on South Haines Creek Road (#5-5538).

Roads-County & State/Deeds

Request to release the following Murphy Act State Road Reservation:

Deed No. 1997 - Margaret E. Nigro - Northeast of Eustis

Deeds/Rights-of-Way, Roads & Easements

STATUTORY WARRANTY DEED

For Site Plan Approval:

William C. Pixley and Margaret E. Hensinger, Britt Road - 

#4-4981

ADDENDUM NO. 1

Accounts Allowed/County Property/Fire & Emergency Services

Request for authorization to transfer title on ALS ambulance Property No. 12,234, 1988 Ford F350, which is being traded in by Florida Regional EMS in the amount of $2,500.00.

Accounts Allowed/Municipalities

Request for approval to encumber funds and issue payments for the following redevelopment districts.

City of Mount Dora Community Redevelopment Agency: $83,884.26

Northeast Redevelopment District: $4,544.23

City of Eustis Redevelopment District: $4,259.14

Purchasing

Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:

(A) Specifications

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(E) Approve Other Payments and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(F) Approve Services That Do Not Require Bids

or Quotes and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(H) Chairman's Signature and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(I) Chairman's Signature

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

CITIZEN QUESTION AND COMMENT PERIOD

The Chairman announced that the time had arrived for the Board to acknowledge questions, comments and concerns from the citizens of Lake County. It was noted that no one wished to appeared before the Board, at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BIDS/COUNTY BUILDINGS/PUBLIC SERVICES

LANDFILLS

Mr. Pete Wahl, County Manager, appeared before the Board to present the request for permission to advertise for bids for a 2,880 square foot building to be used as an Office Building for the Waste Management Division, that will be located at the site of the Astatula Landfill.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request to approve specifications, and to advertise for bids, for a 2,880 square foot building to be used as an Office Building for the Waste Management Division, at an estimated cost of $75,000.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COUNTY PROPERTY

Mr. Pete Wahl, County Manager, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute two repair contracts with John Deere Industrial Dealer for two John Deere 670B Graders, at a cost of $13,690.00 each, for a total of $27,380.00.

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/PROPERTY APPRAISER

SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to execute an Interlocal Agreement with the Lake County Property Appraiser for Non-Ad Valorem Assessment services for the "Imperial Terrace West Municipal Service Benefit Unit".

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

PROPERTY APPRAISER

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the request to execute an Interlocal Agreement with the Lake County Property Appraiser for Solid Waste Collection, Disposal and Recycling Non-Ad Valorem Assessment services.

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION

PROPERTY APPRAISER

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request to execute an Interlocal Agreement with the Lake County Property Appraiser for Fire and Rescue Service and Facilities Non-Ad Valorem Assessment services.

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

PROPERTY APPRAISER

Ms. Annette Star Lustgarten, County Attorney, noted that non-ad valorem assessments are not being collected, at this time, for the Greater Hills Municipal Service Taxing Unit, and that this request is an agreement in anticipation of non-ad valorem assessments being collected in the near future.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute an Interlocal Agreement with the Lake County Property Appraiser for Non-Ad Valorem Assessment services for the "Greater Hills Municipal Service Taxing Unit".

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

PROPERTY APPRAISER

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request to execute an Interlocal Agreement with the Lake County Property Appraiser for Non-Ad Valorem Assessment services for the "Greater Groves Municipal Service Taxing Unit".

ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

PROPERTY APPRAISER

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that this is a request from Greater Groves Subdivision to initiate a special assessment program. She stated that on December 15, 1992 the Board will be addressing a resolution expressing the intent of the Board of County Commissioners to use the uniform method for special assessments. The request will go through the special assessment standard procedure between June 1, 1993 and September 15, 1993, at which time the Board will adopt a special assessment roll and rate through a public hearing process.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to proceed with the special assessment process for the "Greater Groves Municipal Service Benefit Unit".

PUBLIC SERVICES

Mr. Pete Wahl, County Manager, appeared before the Board to present the request to fund and continue the Bicycle/Pedestrian Program. Mr. Wahl stated that Mr. Jeff Monson, Bicycle/Pedestrian Coordinator, has done an outstanding job on behalf of the program, and staff is recommending approval of said program through September 30, 1993.

Commr. Swartz noted that, in addition to the letters of support before the Board this date, one additional letter was received from Ms. Susan Reynolds in support, and one phone call was received in opposition, to this request.

Ms. Nikki Doran, a resident of Tavares, appeared before the Board and stated that she highly recommends that the Board continue the Bicycle/Pedestrian Program. She stated that Mr. Monson presented a Bicycle/Safety Rodeo for the children that live in her community, and the children learned a lot from the rodeo. She stated that she is pleased that Lake County is providing a program that teaches children to ride their bicycles safely.

Mr. Tim Scobie, a resident of Lake Yale Landing, appeared before the Board in support of the Bicycle/Pedestrian Program. He stated that he, and the Eustis Chamber of Commerce, highly support the continuation of the Bicycle/Pedestrian Program, and support the approval of the recommendation before the Board this date.

Discussion occurred regarding the continuation of the Bicycle/Pedestrian Program, at which time Commr. Bailey noted that occasionally there are public relations problems in the area of Ferndale and Montverde between bicyclist and motorist.

Commr. Swartz stated that consideration should be given to providing additional shoulders along roadways when widening projects are taking place, thus making driving the roads safer for the traveling public.

Commr. Hanson commended Mr. Munson for the excellent job of coordinating the Bicycle/Pedestrian Program for Lake County, and stated that it will be critical to look for additional funding for the program.

Commr. Cadwell stated that he has been presented a petition from the Umatilla Third Grade in support of the Bicycle/Pedestrian Program.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the request to fund and continue the Bicycle/Pedestrian Program, beginning April 1993, for the second half of FY 1992/93, from the County Transportation Fund.

COMMISSIONERS/LAWS & LEGISLATION

Mr. Pete Wahl, County Manager, appeared before the Board and stated that staff has prepared a legislative package for the Board's consideration and for presentation to the Lake County Legislative Delegation. He stated that also provided for the Board's review is a copy of recommended items for consideration that the Florida Association of Counties has adopted for support, or opposition, to the upcoming legislative session.

Discussion occurred regarding Animal Control issues, at which time Mr. Wahl suggested that the Board may want to adopt a position

in support of the issues addressed in the legislative package without taking an unnecessary amount of time to lobby for their passage. He stated that Animal Control is trying to establish a set of Statewide minimum standards that are applicable through the entire sixty-seven counties in Florida. It was noted that, in many instances, the proposed Animal Control legislation is presently being implemented in Lake County.

Mr. Wahl noted that the County will be hosting the Legislative Delegation on December 14, 1992, from 10:30 to 12:00, in the Board of County Commissioners Meeting Room. Lunch will be served at Vo-Tech.

Ms. Annette Star Lustgarten, County Attorney, stated that "Clarification of County Jurisdiction over County Maintained Roads" provides language to clarify the authority of counties to provide and regulate, by traffic control devices, county arterial and collector roads that may traverse the limits of municipalities. Mr. Don Griffey, Director of Engineering, Public Services, stated that clarification of County jurisdiction over said roads will address the differences of opinion between the County and the Cities over who is responsible for determining speed limits on these roads.

Commr. Cadwell addressed "Certification of Personnel Performing Euthanasia on Animals" and stated that the mandatory certification of personnel performing euthanasia on animals should not be a Board decision, but the decision of the agency, or establishment, performing euthanasia services.

Discussion occurred regarding the request that the Legislature review the rates currently set forth in State Statutes for reimbursement of travel expenses. The per diem rate of $21.00 per day for meals is not adequate to compensate for meal expenses, and it was noted that the reimbursement for use of private automobiles, at $.20 per mile, is too low considering the cost of fuel, repairs and replacement cost of a vehicle.

Commr. Swartz brought up for discussion the Stormwater Grant Program and the Solid Waste Trust Funds, which provides Recycling Grants, and suggested that an item be incorporated in the legislative package requesting that the Legislature look at funding for the Stormwater Grant Program and the Solid Waste Trust Funds.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the legislative package to be presented to the Lake County Legislative Delegation; including in the package an item requesting funding for the Stormwater Grant Program, and the Solid Waste Trust Funds; and including a cover letter addressing the County's Legislative Program.

ADDENDUM NO. 1

COUNTY ATTORNEY'S MATTERS

Ms. Annette Star Lustgarten, County Attorney, presented an update to the Board on the current discussions with the Department of Community Affairs (DCA) in regards to the Lake County Comprehensive Plan. She stated that the items addressed in a letter, dated November 30, 1992, from DCA were reviewed during a conference call on December 3, 1992 with DCA, County staff, and representatives of all of the intervenors. She stated that staff is in the process of preparing proposed language to be submitted to DCA, and the attorney for DCA is preparing a status report to be submitted to the Administrative Hearing Officer, which states that on-going negotiations are taking place, and additional time is required in order to resolve said negotiations. Ms. Lustgarten noted that the Administrative Hearing Officer's order does require that DCA provide to the Hearing Officer, by December 30, 1992, proposed dates for a new administrative hearing, which is to be held in February or March.

Ms. Lustgarten stated that, during the conference call, the City of Eustis raised issues regarding their concerns, and expressed their hope to have the ability to resolve said issues during the negotiation process.

Ms. Lustgarten further stated that, during the conference call, she expressed the clear intent of the Lake County Board of County Commissioners to resolve all of the issues amicably through the settlement and negotiation process, rather than to go to an administrative hearing.

COMMISSIONER'S BUSINESS

RESOLUTIONS/SIGNS

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the resolution encouraging the Governor and Legislature of Florida to require the posting of an alcohol warning sign.

ACCOUNTS ALLOWED/COMMISSIONERS/MUNICIPALITIES

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to expend $300.00 for the County's share of expenses for participation in "Lake County Day in Tallahassee", with a check to be written to the City of Eustis for said amount.

MEETINGS

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to reschedule the Board of County Commissioners' March 16, 1993 regular meeting date to March 9, 1993, due to "Lake County Day in Tallahassee" being scheduled on March 16, 1993.

Commr. Swartz directed staff to look into the issue of transportation to Tallahassee for the Board and the Cities for "Lake County Day in Tallahassee".

Mr. James C. Watkins, Clerk, suggested that the rescheduling of the March 16, 1993 regular meeting of the Board of County Commissioners to March 9, 1993, be advertised in the newspaper for the purpose of informing the public of the change in the date of said meeting.

STATE AGENCIES/APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Swartz introduced Ms. Jolene Cazzola, Chairperson of the Nominating Qualification Review Committee, for the Health and Human Services Board, for the new HRS District 13.

Commr. Swartz stated that, in addition to the three (3) Lake County representatives to be appointed by the Board, the Governor will also appoint three (3) members-at-large to serve on the Health and Human Services Board.

Discussion occurred regarding criteria to be used for the selection process of the three (3) representatives, at which time Ms. Cazzola noted that each County has used their own criteria. She stated that two (2) of the members of the Health and Human Services Board must be in the category of "Consumer", noting that Ms. Joy Shepherd is the only "Consumer" on the Lake County list.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the appointments of Mr. Alvin Jackson, Ms. Gail Burry, and Ms. Kathleen Cantwell as the Lake County Representatives to serve on the Health and Human Services Board for the new HRS District 13; and to send a letter to the Governor on behalf of the Board asking him to consider Ms. Joy Shepherd and Ms. Nilsa Whitehead for one, or both, of the Governor's appointees, noting in the letter that Ms. Joy Shepherd is in the "Consumer" category.

RESOLUTIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the request for a resolution recognizing the efforts of Ms. Jerri A. Blair, Attorney, on behalf of childrens' rights.

COMMISSIONERS/STATE AGENCIES

At this time, Commr. Swartz introduced Ms. Rebecca Jetton and Mr. Robin Branda, representatives from the Green Swamp District Office, Department of Community Affairs (DCA), who were present in the audience. It was noted that they were available to answer questions regarding DCA's activities, and that they would be sitting in on the Technical Review Committee as long as the Green Swamp District Office is located in this area.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:15 a.m.

________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

____________________________

JAMES C. WATKINS, CLERK

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