The Lake County Board of County Commissioners met in regular session on Tuesday, June 7, 1994, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Don Bailey. Others present were: Frank T. Gaylord, Interim County Attorney; Pete Wahl, County Manager, Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

There were no revisions to the Agenda at this time.

MINUTES

Regarding the Minutes of May 3, 1994 (Regular Meeting), Commr. Swartz requested that clarification be made to the motion on Page 13, Line 18.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of May 3, 1994 (Regular Meeting), as amended.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Renee Dorothy Menton, Case No. 93-1489-CFA-01, in the amount of $250.00, and authorized proper signature on same.

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Selma Barnett Reddick, Case No. 88-502-CFA01-32, in the amount of $250.00, and authorized proper signature on same.

Contracts, Leases & Agreements/Audits

Request for approval of Third Amendment to contract with Ernst & Young for External Audit; and authorized proper signature on same.

Bonds-Contractor

Request for approval of the following Contractor Bonds:

New

4523-94 All Construction, Inc.

5290-94 Jerry Burdette dba Arco Roofing

5300-94 James Hyland (Plumbing)

5301-94 David LaBaugh dba Daves Wood Shop (Carpentry)

Accounts Allowed

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.

Accounts Allowed/Reports

Request to acknowledge receipt of monthly distribution of Revenue Traffic/Criminal Cases, month ending April 30, 1994, in the amount of $129,481.43. Same period last year: $130,674.98.

Municipalities/Ordinances

Request to acknowledge receipt of Town of Lady Lake Ordinance No. 94-04, adopted on April 4, 1994, annexing certain contiguous property upon voluntary application by the property owners, Richard Bowersox and Michael Lepera.

Municipalities/Ordinances

Request to acknowledge receipt of City of Mount Dora Ordinance No. 638, adopted by the Mount Dora City Council on May 3, 1994, annexing property generally located on the south side of U.S. Highway 441 between Eudora Road and State Road 19.

Municipalities/Ordinances

Request to acknowledge receipt of City of Eustis Ordinance No. 94-07, adopted by the Eustis City Commission on March 17, 1994, voluntarily annexing property being .46 acres with an existing single family residence at 502 Highland Drive, into the corporate limits of the City of Eustis.

Municipalities/Ordinances

Request to acknowledge receipt of City of Tavares Ordinance No. 93-14, adopted by the City of Tavares City Council on August 18, 1993, annexing Oak View by the Lakes property.

Request to acknowledge receipt of City of Tavares Ordinance No. 93-26, adopted by the City of Tavares City Council on October 6, 1993, annexing the Sosa property on Dead River Road.

Request to acknowledge receipt of City of Tavares corrected legal for Ordinance No. 93-37, annexing property located at the westerly bend of Woodlea Road and adjacent to Lake Harris (Mission Inn Annexation).

State Agencies/Utilities

Request to acknowledge receipt of Florida Public Service Commission Notice of Prehearing Conference and Notice of Hearing, In Re: Generic Investigation into Planning and Operating Reserve Practices of Peninsular Florida Generating Electric Utilities, Prehearing Conference, Friday, June 17, 1994, 8:30 a.m., and Public Hearing Thursday, June 23, 1994 and Friday, June 24, 1994, 9:30 a.m., with all hearings being held at 101 East Gaines Street, Room 106, Fletcher Building, Tallahassee, Florida 32399-0850.

State Agencies/Utilities

Request to acknowledge receipt of Florida Public Service Commission Notice of Public Hearing to Florida Power and Light Company, Florida Power Corporation, Gulf Power Company, Tampa Electric Company, and All Other Interested Persons; Dockets Nos. 930548-EG, 930549-EG, 930550-EG, and 930551-EG. In Re: Adoption of Numeric Conservation Goals and Consideration of National Energy Policy Act Standards (Section 111) By: Florida Power and Light Company, Florida Power Corporation, Gulf Power Company, and Tampa Electric Company. The hearings will commence on June 1, 1994, 5:30 p.m., Tallahassee, Florida; June 30, 1994, 6:30 p.m., Miami, Florida; and July 12, 1994, 6:30 p.m., Tampa Florida.

COMMISSIONERS

Mr. Robert Snyder, President, Sunrise ARC, appeared before the Board on behalf of the Sunrise ARC to present the Sunrise ARC Distinguished Service Award Plaque expressing gratitude to the Board of County Commissioners for support of Sunrise ARC. He further expressed a special thanks to Mr. Pete Wahl, County Manager.

EMPLOYEE AWARDS

COUNTY EMPLOYEES/PERSONNEL

At this time, Commr. Hanson presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:

Presentation of Plaque to Employees with Five, Ten, and Fifteen Years of Service

Five Years of Service

Paul F. Murrey, Equipment Operator I, Public Services/Roads Division/Maintenance Area I (Leesburg)

Ten Years of Service

Thomas M. Connelly, Probation Officer, Community Services/Probation Services Division

Clarence Archie, Maintenance Worker I, Public Services/Special Services Division/Parks Services

Fifteen Years of Service

Woodrow B. Cowart, Equipment Operator III, Public Services/Roads Division/Maintenance Area I (Leesburg)

Presentation of Plaque and Bond to June Employee of the Month

Kathryn J. Padgett, Office of Human Resources/Risk Management Section

Presentation of Plaque and Acknowledge Employees for Years of Service and Retirement

Emory C. Hickey, Jr. - 21 years of service - Equipment Operator III/Public Services/Roads Division/Maintenance Area III (Umatilla)

Othia N. Johns - 21 years 2 months of service - Assistant Area Maintenance Supervisor/Public Services/Roads Division/Maintenance Area II (Minneola)

TIMES CERTAIN

STATE AGENCIES

Mr. Tim Hoban, Assistant County Attorney, appeared before the Board and stated that the SunShine Pipeline Company (SunShine) has filed an application for Corridor Certification with the Department of Environmental Protection to build a natural gas pipeline from Okaloosa County to Hardee County which will follow the General Van Fleet State Trail in southwest Lake County. He explained that SunShine has identified thirty (30) Comprehensive Plan Policies and eighteen (18) sections of the Land Development Regulations which will apply to the pipeline. He stated that the Governor and Cabinet have the legal right to grant variances from the Comprehensive Plan and Land Development Regulations for the pipeline.

Mr. Hoban referred to his memorandum to the Board, dated May 26, 1994, and briefly noted the list of concerns that have been filed by other counties and the Department of Community Affairs (DCA). He noted a correction to his statement in said memorandum that the Department of Community Affairs will defer to Lake County on all Green Swamp issues concerning the pipeline, and explained that the Resource Planning and Management Division of DCA has indicated that they are uncertain what their action will be, and the Green Swamp Section of DCA has indicated that they will be objecting to the pipeline. He explained that the Board has until June 24, 1994 to reach a decision to execute a Stipulation stating that Lake County agrees to the granting of variances to the Comprehensive Plan and the Land Development Regulations or to file a report in Tallahassee identifying each issue of concern and waive Lake County's right to later raise an issue which has not been identified in said report.

Mr. Hoban stated that staff has identified concerns with a series of environmental issues, and the Rails to Trails issue, and briefly discussed each concern.

Mr. Jim Barker, Director of Environmental Management, appeared before the Board to discussion the proposed location of the pipeline and other possible locations. He stated that a litigation plan was to be provided after the Administrative Hearing process has been completed and all of the issues of concern have been identified. He noted that this location was known as a previously disturbed sight, which was the reason that SunShine has selected this particular location.

Commr. Swartz stated that it would be appropriate to waive some of the Comprehensive Plan Policies and Land Development Regulations due to the pipeline being a temporary disturbance. He referred to Lake County Exhibit 1 of the memorandum, dated May 26, 1994, and discussed the request for a variance, exemption, or exception to Policy 1-2.6, Lakefront and wetland littoral zone protection standards and setbacks, which presents the question of whether or not SunShine will stay within the corridor on the rail bed and out of the wetlands.

Mr. Eric Korzilius, Attorney, representing SunShine Pipeline Company, appeared before the Board and introduced Mr. Dan Winchester, Environmental Consultant, Ecology and Environment, SunShine Pipeline Company; Mr. Tony Perot, Construction and Engineering, SunShine Pipeline Company; and Mr. Phil Simpson, Environmental Consultant.

Mr. Korzilius stated that the Corridor Certification process allows SunShine to use a 1,700 foot corridor, which would result in a one-hundred (100') foot construction right-of-way and a fifty (50') foot permanent right-of-way. He explained that SunShine was attempting to set up statewide uniform guidelines through the use of the proposed conditions and Corridor Certification, which was outlined in Exhibit II of the Stipulation Agreement, and by working with the Water Management Districts, Department of Environmental Protection, and various other agencies. He explained that Sunshine was actively pursuing with the Department of Community Affairs the development of a statewide mitigation plan.

Mr. Korzilius discussed the objections that have been filed by Gadsden County, and Polk County. He further discussed the General Van Fleet State Trail, and the funding that was available through Intermobile Service Transportation Enhancement (ISETE). He explained that SunShine was negotiating with the Federal Highway Administration, Department of Environmental Protection, and the State Department of Transportation, the co-administer of the funds, to delay funding to allow sufficient time for SunShine to construct the pipeline at the same time that they enhance the trial.

Mr. Chuck Pula, Recreation Coordinator, appeared before the Board and explained that the State was looking at the landscaping concerns surrounding the above ground facilities that Sunshine will be installing. The Department of Environmental Protection was considering the possibility of negotiating for amenities, such as rest areas, along the trail, and assistance in connecting the County's South Lake Trail, the General Van Fleet Trail, and the Withlacoochee Trail.

Commr. Swartz suggested that staff meet with SunShine to clarify and gain a better understanding of what SunShine was going to be requiring in regard to variances, exceptions, or exemptions prior to the public hearing scheduled on June 21, 1994. He stated that it would also be wise to file a report identifying the concerns that Lake County has, particularly the concerns pertaining to variances from the Land Use Policy or the Land Development Regulations. He expressed concern that the one-hundred (100') foot construction right-of-way would put SunShine on either side of the trail in water and vegetation that would have a serious impact on the trail aside from other environmental concerns.

Mr. Korzilius further discussed the construction right-of-way and stated that there would only be a fifty (50') foot permanent right-of-way. He stated that they are working with the Water Management District to determine if there are any culverting possibilities that would allow some of the historical drainage patterns and wetland movement to be restored, which would be a benefit and a mitigative measure taken by SunShine to overcome any temporary or potentially permanent impact.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved authorization for staff to work with SunShine Pipeline Company to obtain clarification on the requested variances, exceptions and exemptions; and to bring the information to the Board prior to the public hearing scheduled on June 21, 1994 meeting; at which time the Board will determine whether or not to file a report which identifies issues of concern.

PARKS & RECREATION/LAKE COUNTY WATER AUTHORITY

Commr. Bailey presented the request for discussion of a letter received from Ms. Nancy Abbott regarding the user fee at the Lake County Hickory Point Recreational Park. At this time, Commr. Bailey distributed a copy of Park Gate Fees outlining information that he had received from various counties regarding entrance/gate fees charged at their parks.

Ms. Nancy Abbott, a resident of the City of Eustis and countywide coordinator of the Earth Day Celebration, appeared before the Board to present concerns in regard to entrance/gate fees at Hickory Point Recreational Park. She noted that she was aware that the Board did not have jurisdiction over the Lake County Water Authority. She explained that she appeared before the Lake County Water Authority last fall with a request to hold the countywide Earth Day Celebration at the park, and to waive the $2.00 per car entrance fee, at which time her request was denied by the Water Authority. She discussed the entrance fee at Hickory Point and referred to various counties that charge $1.00 per car entrance fee to their parks. She stated that she was previously informed by staff that Hickory Point Recreational Park was considered a county park. At this time, Mr. Chuck Pula, Recreation Coordinator, clarified that Hickory Point Recreational Park was not a county park. Ms. Abbott further stated that plans are being formulated for a countywide 25th Anniversary Earth Day Celebration, and Hickory Point Recreational Park would be the ideal spot to hold the celebration.

Mr. Will Davis, Executive Director, Lake County Water Authority, appeared before the Board and discussed the method of collecting the entrance fees to the park, the registration fee for use of the pavilion, and the fee for renting the entire park. He explained that commercial vendors have rented the entire park at a fee of $1,500.00 per day and stated that the Lake County Water Authority had suggested that the Earth Day Celebration Committee obtain funds for renting the entire park through a sponsorship program. He further discussed the operational costs of the Hickory Point Recreational Park.

In response to a question presented by Ms. Abbott, Mr. Davis explained that there are four (4) elements to the purpose of the Water Authority Special Act, of which one element was to provide water related recreational activities for the citizens of Lake County.

Commr. Cadwell stated that the Water Authority was empowered by the State of Florida, and the Board of County Commissioners has no authority to become involved in Ms. Abbott's concerns. He directed Ms. Abbott to contact Representative Bainter in regard to her concerns with the Lake County Water Authority. He further addressed Ms. Abbott's concern that Lake County was short on recreational areas, at which time he discussed the capital improvement projects by the Parks and Recreation Advisory Board to enhance the recreational areas in Lake County.

Commr. Swartz suggested that the Board discuss the possibility of the County and the Lake County Water Authority jointly co-sponsoring future Earth Day Celebrations at Hickory Point Recreational Park.

COMMISSIONERS/COUNTY POLICY/REPORTS

Commr. Gerber presented the Lake County Charter Government Study Committee Report to the Board and introduced the Charter Government Study Committee members that were present in the audience, as follows: District 1: Mary Smith Fletcher; District 2: James M. Hoskinson, Arthur (Mac) Elder; District 3: Sanford A. Minkoff, Thomas Wetherington; District 4: Thomas J. Kelley; District 5: Michael O'Reilly; Constitutional Officers: T. Keith Hall, James C. Watkins; and League of Cities: Robert W. Moore

At this time, Commr. Gerber expressed her appreciation to Ms. Marlene Foran, Deputy Clerk; Ms. Allison Thall, Health & Human Services; and Ms. Sue Michaelsen, Executive Secretary, for their staff support.

Mr. Robert Moore, Vice Chairman of the Lake County Charter Government Study Committee, and President of the Tavares City Council, appeared before the Board to present the Lake County Charter Government Study Committee Report. He explained that every county charter in Florida was examined, and the Study Committee heard from many speakers on charter government. He explained that, during the course of the Study Committee's deliberations, the following topics were discussed as to their relative merit for inclusion in Lake County's governmental organization through a charter:

- Potential benefits of home rule charter government.

- Special boards and districts created by the legislature. - Which should prevail: city or county ordinances.

- Lake County governmental organization; the current structure, or alternate methods allowed by charter.

- Commissioner compensation; recall and initiative.

- Partisan versus non-partisan elections of county officials.

- Common purchasing and personnel departments.

- Term limits for elected county officials.

- Taxing authority, specifically regarding the utility tax. - Bonding limitations without voter approval.

Mr. Moore discussed the two methods considered by the Study Committee, pursuant to Florida Statute 125, by which a charter could be promulgated and presented to the voters. He explained that an ad hoc committee would be appointed by the Board of County Commissioners and would have no restrictions as to membership except those established by the Board. The ad hoc committee would limit the organizational structure of the county government to a county executive form, county manager form, or a county chairman-administrator plan. He explained that a charter commission would be appointed by the Board of County Commissioners and would be composed of not less than eleven (11) or more than fifteen (15) members.

Mr. Moore stated that the written report completes the Charter Government Study Committee's recommendation to the Board, and the majority of the Study Committee believes that a charter would provide the opportunity for citizens to participate in democracy in a purer form than was now available.

Ms. Mary Smith Fletcher, a member of the Study Committee, appeared before the Board in support of a charter form of government and expressed appreciation to the Board for her appointment on the Study Committee. She stated that the citizens of Lake County are satisfied, at this time, with the Board of County Commissioners and Constitutional Officers; however, it cannot be predicted what might occur in the future. She expressed concern that there was no provision for recall of the Commissioners or Constitutional Officers except by the Governor.

Mr. Mac Elder, a member of the Study Committee, appeared before the Board in support of a charter form of government and expressed appreciation to the Board for his appointment on the Study Committee. He stated that an accumulation of many factors determined his support of a charter form of government. He expressed support of a charter review every two (2) years, and the addition of two (2) at-large commissioners, which would provide the electorate more say in government.

Mr. Michael O'Reilly, a member of the Study Committee, appeared before the Board in support of a charter form of government and expressed his appreciation to the Board for his appointment on the Study Committee. He stated that a charter form of government was not a threat to any elected constitutional officer in Lake County. He further stated that the Florida Legislature was currently legislating in anticipation that the counties in Florida operate on a charter basis, and Lake County should take advantage of that opportunity.

Mr. Jim Hoskinson, a member of the Study Committee, appeared before the Board in opposition to a charter form of government and expressed his appreciation to the Board for his appointment on the Study Committee. He discussed the Study Committee's vote in favor of a charter form of government and noted that the members of the Study Committee with the most extensive experience in county and municipal government did not favor proceeding with a charter at this time. He stated that he does not feel, at this time, there is sufficient need to proceed into an expensive transition process and change in the present form of government, and that Lake County's current needs could be addressed by the current government.

Mr. Tom Wetherington, a member of the Study Committee, appeared before the Board in support of a charter form of government and expressed his appreciation to the Board for his appointment on the Study Committee. He stated that he has been unable to find a significant benefit that would indicate a need for a change in the current form of government, and has been unable to find anything in the current form of government that limits the rights of the people, makes the government less efficient, and hinders economic progress to the extent that it affects the health, safety, and welfare of the people in Lake County. He stated, however, that he believes that the citizens of Lake County should have the right to choose for themselves what form of government they want in Lake County.

Mr. T. Keith Hall, Tax Collector and a member of the Study Committee, appeared before the Board in opposition to a charter form of government. He stated that he has worked extensively for thirty (30) years with other counties that have a charter form of government, and expressed his concern with adopting a non-controversial charter. He addressed the issue of recall and noted that recall occurs every four (4) years for the elected constitutional officers. He stated that in all of the discussion there was no compelling reason, no compelling problems, or anticipated problems that would be sufficient for Lake County to pursue a charter form of government at this time.

Mr. James C. Watkins, Clerk of Courts and a member of the Study Committee, appeared before the Board in opposition to a charter form of government and expressed his appreciation to the Board for allowing him to serve on the Study Committee and for the opportunity to express his opinions. He expressed his concern with the formation of a charter commission which would result in government by an elite fifteen (15) individuals who would have persuasive powers. He stated that he believes in representative government, and a charter commission would not represent all of the spectrum. He addressed the issues of initiative by ordinance, and home rule that has been in effect since the early 1970 and noted that the present form of government operates under the home rule creation of a county manager. He expressed concern with the idea of disturbing the separations of powers, and noted that in eleven of the thirteen counties that have adopted a charter, charter government became more costly. He stated that a charter commission was worthy of the Board's worry, and if the Board determines to pursue a charter form of government, he strongly urges the Board to consider an ad hoc committee. He reminded the Board that it was their obligation and their stewardship to design the government, and their oath of office was to support, protect, and defend the Constitution of the United States and the State of Florida, and that it was that constitutional form of government that would be modified. He stated that his feelings are promulgated based upon the experience that he has had over the past thirty (30) years serving both city, county, and regional government, elected and appointed, and that he sincerely hopes that whatever happens will go forward to a formative debate, and that the Board will be involved as a Board.

Mr. Sanford Minkoff, Attorney and a member of the Study Committee, appeared before the Board to express his support of moving forward with the charter process. He noted that, although the speakers today may have mentioned specific issues, a consensus was not reached by the Study Committee on any issues other than the issues listed in the report. He explained that it was difficult to speak for or against a charter without seeing a specific charter. He stated that he considers a charter commission as empowering the people because ultimately nothing is passed without the vote of the people.

Commr. Gerber, as Chairman of the Study Committee, stated that the fundamental difference between a charter and non charter county was the source of its home rule powers. She explained that each entity has home rule power; however, the source of Lake County's home rule power was through the legislature, and the source of a charter county's home rule power is through its charter. She noted that a charter commission membership must be between eleven (11) and fifteen (15) members, however, noted that subcommittees could be formed out of the charter commission which would involve a large number of citizens in making the charter a reality. She stated that the legislature was leaning toward allowing the counties to govern themselves more so than being burdened with special acts, and that it was in the best interest of Lake County to go forward with a charter form of government.

Ms. Myrna Merron, President of the League of Women Voters, appeared before the Board and stated that the Lake County League of Women Voters, on January 1993, held a symposium on charter form of government, at which time 150 people attended, which indicated that there was substantial interest in Lake County to change to a charter form of government. She stated that it was the role of the League to keep the citizens informed, and they would continue to do so in a non partisan educational way. She expressed her appreciation to the Charter Government Study Committee for the work they have accomplished.

George E. Knupp, Jr., Sheriff, appeared before the Board in opposition to moving forward with a charter form of government. He expressed concern that government was too big and there were too many restrictions on the citizens. He stated that government should be given back to the people, and a charter government does not accomplish that goal. He further stated that constitutional government was about a separation of powers, and a charter government will result in a blending of powers.

RECESS AND REASSEMBLY

At 11:10 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 11:20 a.m.

COMMISSIONERS/COUNTY POLICY/REPORTS (CONTINUED)

Commr. Gerber stated that she initially became interested in charter form of government when she reviewed the Florida Statutes that outlined the various forms of government. She stated that the fundamental difference was that the source of the home rule power comes through the legislature for a non-charter county and through a charter for charter counties. She stated that, as a member of the Study Committee she voted in favor of the charter and the formation of a charter commission.

Commr. Bailey stated that he has spoken with counties that have a charter form of government and the chairman was usually satisfied with the charter; however, the commissioners were not satisfied. It was an example of more government, more power, and less responsive representation. He expressed concern with a charter providing too much power to the chairman; the formation of a charter commission, which could result in an elite group deciding what would be written in the charter; and the issue of partisan versus non-partisan. He expressed his support of the elected process in lieu of an appointment process.

Commr. Swartz stated that he does not view charter as denying the citizens the ability to control their government. He expressed the importance of having trust and confidence in the citizens of Lake County, and the confidence that the Board could form an ad hoc committee or a charter commission that would do a good job and would propose to the voters a charter which the voters would have the opportunity to select or reject based on what was or was not written in said charter. He stated that the citizens of Lake County would never take away their right to vote for their constitutional officers, and it was the Study Committee's decision not to include the constitutional officers under the perimeters of the charter. He expressed his appreciation to all of the Charter Government Study Committee members and stated that he would support the recommendation of the Study Committee.

Commr. Cadwell stated that he has received calls from the municipalities expressing their concern with a charter form of government. He stated that he would not be in favor of a charter commission, however, would support putting the question before the citizens on the ballot as a straw ballot in regard to the citizens' interest in charter government. He stated that he would not vote in favor of a charter commission at this time.

Commr. Hanson expressed appreciation to the Charter Government Study Committee, and stated that she believes in the representative form of government and any thing that can be done to bring government closer to the people always should be a goal of the Board. She stated that she was not opposed to a charter form of government, but does support moving forward cautiously, and looking at the costs associated with establishing a charter commission.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone the recommendation of the Charter Government Study Committee for sixty (60) days until a Times Certain on August 16, 1994.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested that Tab 32 be modified by withdrawing Item D. 1., E. L. Williams, Inc./ Authorization to extend Bid #B-2-3-45, Diesel and Gasoline for an additional year per the original terms and conditions of the bid and issue blanket Purchase Orders within budgeted funds.

Commr. Gerber requested that Tab 7, approval of payment to Shands Hospital for a Lake County resident under the Health Care Responsibility Act for an inpatient hospital stay, be pulled from the County Manager's Consent Agenda.

Commr. Swartz commented that his approval of Tab 33, the request for approval from the Board of County Commissioners to seek proposals for a tourist development study, does not indicate his approval to go forward with said study.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tab 32 Item D. 1., and Tab 7.

Budget Transfers/Code Enforcement/Fire Protection/Budgets

Public Services/Planning/Environmental Management/Resolutions

Request for approval of the following budget transfers and resolutions:

A. Budget Transfers:

1. Fund: Landfill Enterprise

Department: Public Services

Division: Solid Waste Management

From: Contingency $122,000.00

To: Capital Outlay $122,000.00

Transfer #: 94-0177

2. Fund: Landfill Enterprise

Department: Public Services

Division: Solid Waste Management

From: Contingency $30,285.00

To: Capital Outlay $30,285.00

Transfer #: 94-0181

3. Fund: Fire Control

Department: Fire and Emergency Services

Division: Administration

From: Emergency Services Fees $86,625.00

To: Interfund Transfer from $86,625.00

Ambulance fund

Transfer #: 94-0192

4. Fund: Lake County Ambulance

Department: Fire and Emergency Services

Division: Administration

From: Contractual Services $86,625.00

To: Interfund Transfer to $86,625.00

Fire Control Fund

Transfer #: 94-0193

5. Fund: General

Department: Office of Budget

From: Contingency $25,168.00

To: Ad Valorem Taxes to Cities $25,168.00

Transfer #: 94-0204; and authorize

payment to the City of Mount

Dora, in the amount of

$70,304.97.

B. Resolutions:

1. Request for approval of Resolution No. 1994-114, requesting that the General Fund for Fiscal Year 1993-1994 be amended, in the amount of $11,595.00, in order to receive unanticipated revenue from the satisfaction of past Code Enforcement Board liens.

2. Request for approval of Resolution No. 1994-115, requesting that the Pollution Recovery Fund for Fiscal Year 1993-1994 be amended, in the amount of $16,000.00, in order to receive unanticipated revenue for monies obtained as civil penalties and through enforcement actions.

3. Request for approval of Resolution No. 1994-116, requesting that the Transportation Trust Fund for Fiscal Year 1993-1994 be amended, in the amount of $16,200.00, in order to receive unanticipated revenue from the State of Florida, Department of Transportation, State Safety Office subgrant award for Project #FHD-94-12-05-03 Lake County Traffic Accident Records System.

Contracts, Leases & Agreements/State Agencies

Request for acceptance and approval of the second amendment to the contract between the Department of Health and Rehabilitative Services County Public Health Unit (CPHU) and the Board of County Commissioners for a fiscal impact of ($129,672.00) Cash/$184,597.00 overall to State Trust Fund.

Health Department/Reports

Request to acknowledge receipt of the County Public Health Unit (CPHU) Activities and Expenditure Report for the period ending March 31, 1994.

Accounts Allowed/Ambulances-Hospital Districts

Request for approval of payment of monthly medicaid hospital bill, in the amount of $26,610.03; and the medicaid nursing home bill, in the amount of $37,362.02, for the month of March.

Contracts, Leases & Agreements/County Property/Municipalities

Request for approval and authorization for Chairman to sign Lease Agreement Between Lake County and American Legion Relating to Lake County Property (property commonly known as Ferndale Fire Station).

Contracts, Leases & Agreements/Municipalities

Request for approval and authorization for Chairman to sign Mutual Aid Agreement Between Lake County and Town of Montverde.

Contracts, Leases & Agreements/Fire & Emergency Services

State Agencies

Request for approval and authorization for Chairman to sign Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery.

Ambulances-Hospital Districts/Fire & Emergency Services

Request for approval to transfer titles on two ALS Ambulances which are being traded in by Florida Regional E.M.S.

County Employees/Personnel

Request for approval to authorize the Chairman to sign Certificates for employees with one year of service.

County Employees/Personnel

Request for approval to authorize the Chairman to sign Certificates for employees with three years of service.

Contracts, Leases & Agreements/Zoning

Request for acceptance and execution of an Agreement between the Board of County Commissioners and Heather Brush for Temporary Non-Conforming Zoning Use to place a travel trailer on property located on Equestrian Trail while constructing a conventional home. Commissioner District 4.

Contracts, Leases & Agreements/Zoning

Request for acceptance and execution of an Agreement between the Board of County Commissioners and Michael Spence for Temporary Non-Conforming Zoning Use to place a travel trailer on property located on Colony Barn Road while constructing a conventional home. Commissioner District 2.

Rights-of-Way, Roads & Easements/Deeds

Request to accept the following Non-Exclusive Easement Deeds:

Jeff McLean - Clermont Area - District 2

John G. Brouwer - Howey-in-the-Hills Area - District 2

C. Byron Smith - Mount Dora Area - District 4

Rose M. Veith and Dora L. Meeks - East Lake County Area - District 3.

Umatilla Fruit Company - Umatilla Area - District 5

Milton West - East Lake County - District 2

Paul E. Rosselle - Altoona Area - District 5

Ralph P. Horton and Francis Joslin - Monta Vista Area - District 2

Grants/State Agencies/Environmental Protection

Request for approval and authorization for Chairman to sign the 1994-1995 Florida Department of Environmental Protection Waste Tire Grant Application for a fiscal impact in the amount of $80,000.00.

Roads-County & State/Contracts, Leases & Agreements

State Agencies

Request for approval and authorization for Chairman to sign a Joint Participation Agreement Between The State of Florida Department of Transportation and Lake County for Intersection Improvements on SR-44 at Brantley Branch Road (#4-6767); subject to final review and approval by the County Attorney.

State Agencies/Solid Waste

Request for approval and authorization for Chairman to sign a Department of Environmental Protection (DEP) Consent Order for Hazardous Materials Violation; subject to final review and approval by the County Attorney.

Roads-County & State/Deeds/Municipalities

Request for approval and authorization for Chairman to sign an application for the release of Murphy Act State Road Reservations. Release will help to clear title to County Property in the City of Tavares, including the Judicial Center property.

Solid Waste

Request for approval to adjust funds in the Solid Waste Capital Projects Fund (421) to more accurately track capital projects.

Accounts Allowed/Bids/Road Projects

Request for approval to award Project No. 14-94: #4/5-7581 Wiygul Road Resurfacing, Bid No. B-5-4-52, to Orlando Paving Company; and to encumber and expend funds, in the amount of $85,958.83 from the Transportation Trust Fund (TTF). Commissioner District 4/5.

Accounts Allowed/Bids/Road Projects

Request for approval to advertise for bids for C-33 Widening and Resurfacing, Project No. 17-94, at an estimated cost of $175,000.00, from the Road Impact Fee Fund, Benefit District 6. Commissioner District 2.

Accounts Allowed/Bids/Road Projects

Request for approval to advertise for bids for Montclair Road Widening, Resurfacing and Paving, Project No. 11-94, at an estimated cost of $300,000.000, from the Road Impact Fee Fund, Benefit District 3. Commissioner District 1.

Accounts Allowed/Bids/Road Project

Request for approval to advertise for bids to provide sidewalks for Dora Avenue (Commissioner District 3); Treadway School Road (Commissioner District 3/5); Parkwood Avenue (Commissioner District 2); and C-466A (Commissioner District 1) at an estimated cost of $100,000.00 from the Transportation Trust Fund.

Municipalities/Roads-County & State

Request for approval to temporarily close Old 441 (5th Avenue) in Mount Dora from Baker Street West to Alexander Street from 6:30 p.m., Friday, February 3, 1995 to 8:00 p.m., Sunday, February 5, 1995, for the purpose of celebrating the 20th Annual Mount Dora Arts Festival.

Roads-County & State/Deeds

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

Deed: 2550

Applicant: Kinanco, Inc.

Location: Block 71, Mt. Plymouth, Section "A"

Recommendation: Reserve 25 feet from centerline of Sackamaxon Drive (#4-4289)

Deeds/Roads-County & State

Request for acceptance of the following deeds:

Quit Claim Deeds:

Robert L. Bryan, et al - Lake Burns Road - #5-7575

Grover C. Bryan - Lake Burns Road - #5-7575

Non-Exclusive Easement Deeds:

Mercer Products Company, Inc. - SR 19 Cross Access

Raymond Earl Waltz & Julia P. Waltz - Carolina Avenue

Mark West Saunders - SR 19

David T. Beatty & Lucy E. Beatty - Fonseca Lane & Division Street

Statutory Warranty Deeds:

Mary Sue Gross - Apiary Road - #5-6745 & Sugarsand Road - #5-6545

Umatilla Fruit Company, Inc. - N. Babb Road - #5-7959

George J. White, Jr. & Marilyn White - Lakeshore Drive -

#C-452

Richard J. Eichelberger - Huggins Street - #5-5539

Center Lake Properties, Ltd. - Hartwood Marsh Road - #2-0854

Accounts Allowed/Bids/Purchasing

Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:

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

DIVISION AMOUNT

1) SHERIFF'S OFFICE $ 29,199.72

Joseph H. Nolette/Authorization to issue a contract number and have the Board authorize the contract per the County Attorney's approval. This agreement is for the rental of office space for the Sheriff's office in Tavares. Terms of this agreement is from June 1, 1994 through May 31, 1995.

Tourist Development Council

Request for approval from the Board of County Commissioners to seek proposals for a tourist development study directed at Lake County and the Lake County market of tourism; however, approval does not indicate approval to go forward with said study.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, no one present wished to address the Board during the Citizen Question and Comment Period.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

Mr. Pete Wahl, County Manager, noted that Tab 52, appointment of individual to the Lake County Library Board, had been pulled from the agenda, as indicated on Addendum No. 1., Agenda Update.

BUDGETS/RESOLUTIONS/TOURIST DEVELOPMENT COUNCIL

COUNTY PROPERTY

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to adopt Resolution No. 1994-117, providing for the transfer and repayment of County Transportation Trust Funds and Tourist Development Resort Tax Funds used in the development of Phase I of Lake County Central Park roads and storm water systems, for an estimated fiscal impact in the amount of $1,750,000.00.

ACCOUNTS ALLOWED/COURTHOUSE/COUNTY PROPERTY

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to proceed with the application to place the Historic Courthouse on the National Register of Historic Places, for an estimated fiscal impact in the amount of $3,000.00.

COURTHOUSE/COUNTY PROPERTY

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1994-113, declaring the Lake County Historic Courthouse a building of historic importance and as a local landmark.

ACCOUNTS ALLOWED/COURTHOUSE/COUNTY BUILDINGS

SHERIFF'S DEPARTMENT

Mr. Mike Anderson, Director of Facilities and Capital Improvements, appeared before the Board to present the request for approval of the final negotiated Guaranteed Maximum Price (GMP) of $10,750,000.00 with Metric Constructors for the construction renovation and restoration of the administration building, the historic courthouse, the Sheriff's administrative building and the associated site work, and approval to proceed with a contract with Metric Constructors.

Mr. Anderson stated that the commitment extended by Metric Constructors was the attempt to utilize seventy-five (75%) percent of the subcontracting done by local contractors, which was in their original proposal and predicated on the use of certain key areas statistically being mechanical, electrical, plumbing, finished rates, demolition and site work. He reported that Metric has achieved that participation in all categories with the exception of the mechanical, and the mechanical and electrical contractor represents roughly thirty (30%) percent of the total construction budget. He stated that staff indicated to Metric that the main

objective and direction was to achieve the GMP, and Metric's recommendation was to go with the alternate mechanical contractor, which will result in sixty-four (64%) of participation of local contractors.

Mr. Ted Steinwender, Vice President and Division Manager, Metric Constructors, appeared before the Board to discuss Metric's goal to establish the Guaranteed Maximum Price (GMP), in the amount of $10,750,000.00, and award seventy-five (75%) percent of the contracting to local subcontractors. He explained that it was determined that the GMP was the most important of the two criteria and the seventy-five (75%) percent goal has not been reached. He stated that Metric will focus on purchasing materials from local vendors, and materials will be purchased through the County purchasing procedure to allow for a savings in sales tax. He stated that Metric will use local banks for funding payroll, which represents approximately $1,600,000.00, and possibly accounts payable for specific subcontractors.

Mr. Chip Andemet, Metric Constructors, appeared before the Board and explained that it was the intent of the subcontractors that are not local to utilize local participation. He stated that he has written comments from the subcontractors that indicate they will use sixty-five (65%) percent of their total contract value in labor and materials in Lake County, and through a payroll monitoring plan, Metric has the ability to monitor the amount of labor and direct participation.

Commr. Swartz stated, for the record, that he wants to be certain that, in working on the value engineering and the GMP of $10,750,000.00, the County does not sacrifice on quality finishes in the renovation of the administration building, the historic courthouse and the Sheriff's administration building.

Mr. Anderson responded that they were very aware of the concerns expressed by Commr. Swartz and that they have reduced

$1,900,000.00 off of the original proposal without sacrificing the finishes or quality.

Mr. Terry Short, Odell & Associates, appeared before the Board and explained that allowances were set very high which resulted in putting more pressure on the competitive process through the proposal process allowing room for adjustments. He stated that the criteria has encouraged local involvement and encouraged the contractors to solicit local participation.

Mr. John B. Smith, President, Lake Plumbing, Inc., appeared before the Board and distributed a copy of a letter addressed to Commr. Hanson, dated June 2, 1994, and a comparison chart outlining the bids from Walbridge Contracting, Inc., Biltmore Construction, Inc., Metric Contractors, Inc. and Federal Construction, Inc. He discuss the bid amounts and the adjusted bid amounts by the scoring system of the four firms that submitted bids, and noted that, at the meeting on May 3, 1994, Mr. Short stated that there would be seventy-five (75%) percent local involvement and that a general contractor who would use local subcontractors should be selected. He stated that he was present at today's meeting to speak against awarding Metric Constructors the renovation project based on the numbers. He discussed the total project GMP of $10,750,000.00 and explained that there was only approximately forty-six (46%) percent of local contractor participation, if the seventy-five (75%) percent was based on the above mentioned GMP. He requested that Metric be required to award seventy-five (75%) percent of the contract amount to Lake County subcontractors, and to investigate further the use of Lake County subcontractors to determine if they can meet seventy-five (75%) percent of the GMP of $10,750,000.00. He suggested that the Board consider awarding the contract to Biltmore Construction.

Mr. Short provided clarification to comments made by Mr. Smith, and explained that the information submitted by Metric during the selection process was seventy-five (75%) percent of subcontractor vendor prices and not seventy-five (75%) percent of the total contract.

Mr. Anderson interjected that it was significant to understand that a set percentage for participation had not been established, and it was indicated to each of the four contractors to submit their best estimate of participation by Lake County subcontractors. He clarified that Mr. Smith's methodology, as indicated in his letter, dated June 2, 1994, took in consideration seventy-five (75%) percent of the GMP of $10,750,000.00. He stated that the GMP of $10,750,000.00 includes overhead and profit and not only subcontractor or supplier numbers.

Commr. Swartz expressed concern that the County would be required to go through the selection process again if Metric Constructors' proposal was rejected, which could result in a higher GMP or a struggle with a number that would be less than what might be desirable. He discussed the numbers presented by Mr. Smith and stated that there cannot be an absolute guarantee on the percentage of participation by local subcontractors.

Commr. Gerber informed the Board that she has been investigating the vendor local preference issue and investigating local preference policies in other counties. She suggested that the Board consider drafting a policy to address this issue.

Commr. Cadwell made a motion, which was seconded by Commr. Swartz, to approve the final negotiated Guaranteed Maximum Price for the renovation of the round building, historical courthouse, Sheriff's administration building, and associated site work in the amount of $10,750,000.00.

Commr. Swartz requested that staff and Metric Constructors strive to achieve the seventy-five (75%) percent participation of local subcontractors, to be certain that approximately $1,000,000.00 of allowances are local subcontractors, and that the vendor and labor amounts that have been shown for some of the out-of-county contractors are achieved.

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

At this time, Mr. Anderson introduced the subcontractors that were present in the audience, as follows: Mr. Scott Strong, Electrical Services, Inc.,; Mr. Bob Poole, Eagle Fire Protection; and Mr. Bill Lawson, Progressive Plumbing.

COURTHOUSE/COUNTY PROPERTY

Mr. Pete Wahl, County Manager presented this request to the Board.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to authorize staff to dispose of surplus property and to donate surplus seating from the courthouse renovation/demolition to various non-profit groups; subject to final review and approval by the County Attorney.

FIRE PROTECTION/RESOLUTIONS

Mr. Craig Haun, Director, Fire and Emergency Services, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved Resolution No. 1994-118 amending "Lake County Transportation Planning, Design and Construction Standards", "Lake County Fire Protection Standards", and "Lake County Stormwater Design Standards"; contingent upon calculations being consistent with Post, Buckley, Schul & Jernigan, Inc.'s recommended infrastructure for fire protection.

BIDS/FIRE PROTECTION

Mr. Craig Haun, Director, Fire and Emergency Services, appeared before the Board to present this request.

Mr. Pete Wahl, County Manager, stated that it has been determined that the County no longer has use for the Sorrento Fire Station property, and the property should be disposed of at this time.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to advertise for sealed bid to sell the Sorrento Fire Station property.

PERSONNEL/BUDGETS

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the title change of the Executive Secretary/Budget Assistant position to Budget Assistant, Office of Budget.

PERSONNEL/FACILITIES & CAPITAL IMPROVEMENTS

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

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the reclassification of two (2) Laborer Positions to Maintenance Helper, Building Maintenance Services, Facilities Management, Office of Facilities and Capital Improvement, to be effective upon Board approval.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the Chairman to sign Amendment No. 2 to Agreement Between Lake County and SCS Engineers for Environmental Assessment Services for Closure of the Lady Lake Landfill; and authorization to encumber and expend funds in an approximate total of $79,600.00; subject to final review and approval by the County Attorney.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved and authorized the Chairman to sign Amendment No. 2 to Agreement Between Lake County and Post Buckley, Schuh & Jernigan, Inc., and Amendment No. 3 to Agreement between Lake County and SCS Engineers; and approval to encumber and expend funds in the amount of $5,400.00; subject to final review and approval by the County Attorney.

ACCOUNTS ALLOWED/LANDFILLS

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to increase encumbrance to Bio Gro Systems, Inc., in the amount of $15,000.00, for ash monofill leachate transportation for the remainder of Fiscal Year 1993-1994.

COMMITTEES/CONTRACTS, LEASES & AGREEMENTS

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

Commr. Cadwell noted that he was a member of the North-South Bypass Negotiation Committee that conducted the competitive selection process and final ranking of the firms to conduct the North-South Bypass Study. He stated that the Negotiation Committee consisted of a representative from the Department of Transportation, the City of Leesburg, the City of Fruitland Park, Mr. Pete Wahl, Mr. Jim Stivender, Mr. Don Griffey and himself.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board approved the final ranking for the North-South Bypass Study, RPS #5-4-02, as follows: 1) Reynolds, Smith and Hills, Inc.; 2) Kimley-Horn & Associates, Inc.; 3) Greiner, Inc.; and 4) Post Buckley, Schuh and Jernigan, Inc.; and to authorize the North-South Bypass Negotiation Committee to proceed with contract negotiations in accordance with the Lake County Purchasing Manual, Section 4, Board of County Commissioners Acquisition of Consultant Professional Services Policy.

The motion carried by a 4 - 1 vote.

Commr. Swartz voted "No".

COMMITTEES

Mr. Pete Wahl, County Manager, presented the request for approval of the final list of qualified firms deemed to be most highly qualified to perform countywide consulting services on a rotating basis and requested that the ranking of surveying firms be withdrawn from this request at this time.

Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to approve the Selection Committee's final list of qualified firms deemed to be most highly qualified to perform countywide consulting services on a rotating basis, RPS #5-4-01, with the exception of the category titled "Surveying".

Commr. Swartz requested that staff take the opportunity when appropriate to consider a Design Build concept and to go to a competitive bid process rather than through a selection committee process.

Mr. Wahl discussed two approaches for consideration that are designed for small projects that are below the Competitive Consultant Negotiations Act (CCNA) thresholds. He explained that the first approach would be to negotiate on a rotating basis, and the second approach would be to select the top two (2) or three (3) firms in rotation and request that they submit responses to tasks orders, which would make the process more competitive, and the awarded firm would go back to the bottom of the list.

Commr. Swartz amended his motion to include the approach to negotiate in rotation the top two (2) or three (3) firms in rotation and allow them to respond to a task order, at which time the awarded firm would go to the bottom of the list; and to include the concept of looking at the Design Build process when appropriate.

Commr. Cadwell seconded Commr. Swartz's amended motion.

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

ACCOUNTS ALLOWED/WATER AUTHORITY

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the request from the Lake County Water Authority to release approximately $200.00 now and $570.00 annually for fish food at the Hickory Point Recreational Facility from the Fisheries Improvement Fund.

COMMITTEES/PUBLIC SERVICES

Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board to present the request for approval of the ten capital improvement projects selected by the Parks and Recreation Advisory Board for funding for Fiscal Year 1994-1995. He noted that Mr. Jim Myers, Jr., Chairman, and Ms. Debbie Stivender, Vice Chairman, representing the Parks and Recreation Committee, were present in the audience and introduced the agencies that were receiving funding that were present in the audience, as follows: Astor Lions Club, Greater Altoona Society, and the Cities of Eustis, Lady Lake, Fruitland Park.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Lake County Parks and Recreation Advisory Board Five Year Capital Improvement Program Year Two 1994-1995 funding recommendations, as follows:

District I

CITY OF FRUITLAND PARK

Veteran's Memorial Park - Handball Court $18,775.00

Renovation of Casino Building $5,300.00

Veteran's Memorial Park-Backstop for Dixie Ballfield $4,054.00

Veteran's Memorial Park-Irrigation for Dixie Ballfield $1,700.00

District II

CITY OF CLERMONT

West Park - Ballfields $40,000.00

District III

CITY OF EUSTIS

West Ward Avenue - Tennis Courts $40,000.00

District IV

ASTOR LIONS CLUB

Tennis Court, Shuffleboard Court, and Jogging Trail $20,000.00

CITY OF MOUNT DORA

Lincoln Avenue - Tennis Courts $20,000.00

District V

GREATER ALTOONA SOCIETY

One Half Basketball Court, Well, Building

Improvements, Tennis Court Resurfacing, and Fencing $15,171.00

TOWN OF LADY LAKE

Hicks Park - Ballfield 40,000.00

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board to present the request for authorization to negotiate a contract with Phoenix Construction and Post, Buckley, Schuh and Jernigan, Inc. for the remediation of the portion of the Umatilla Landfill which was closed with insufficient cap material. He explained that the original contract written by Post, Buckley, Schuh & Jernigan, Inc. and approved by the County, did not have a requirement for environmental insurance, and that Mr. Wayne Hamilton, Risk Manager, had suggested that environmental insurance be included in the bid specifications of a new contract. He stated that staff was proposing that the County prepare a contract identical to the original contract, to include new bonding and the insurance that was previously provided. He stated that the County will pay Post Buckley for the consulting services, and a portion of the bond will be used toward payment of said services.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board authorized to negotiate a contract with Phoenix Construction and Post, Buckley, Schuh and Jernigan, Inc. under the terms as outlined above for remediation of that portion of the Umatilla Landfill which was closed with insufficient cap material, and to exclude the requirement for environmental insurance.

CONTRACTS, LEASES & AGREEMENTS/BIDS/SOLID WASTE

Mr. Pete Wahl, County Manager, noted that the Board had been provided a copy of the Review and Recommendation of Contract Award, dated June 6, 1994, prior to the start of the meeting this date, which documents the review process provided by Post, Buckley, Schuh & Jernigan, Inc. in the evaluation of construction bids for the Umatilla Sanitary Landfill Closure - 0.5 Acre Liner Expansion. He stated that the recommendation was for the contract for construction be awarded to Southland Construction, Inc.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the contract award to the lowest and most responsive bidder, Southland Construction, Inc.; authorization for Chairman to execute a contract with Southland Construction, Inc.; and to encumber and expend funds, in the amount of $138,000.00; subject to final review and approval by the County Attorney.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

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

Contracts, Leases & Agreements/State Agencies

Request for approval of the Joint Stormwater Study between Lake County and the St. Johns River Water Management District for the Hicks Ditch Basin; and authorization for Chairman's signature; subject to final review and approval by the County Attorney.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ORDINANCES/COMMITTEES/INDUSTRIAL DEVELOPMENT AUTHORITY

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

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to advertise an Ordinance which expands the membership of the Industrial Development Authority to include two additional members and changes the terms of members to two years.

REPORTS

COUNTY ATTORNEY

PLANNING & DEVELOPMENT/STATE AGENCIES

Mr. Frank Gaylord, County Attorney, informed the Board that a challenge had been filed by the Lake County Conservation Council in regard to issues pertaining to vesting in the Land Development Regulations, which goes hand and hand with the memorandum the Board had requested dealing with vesting and the conclusion of the Sugarloaf Mountain PUD. He stated that the memorandum will be prepared and available for the Board's review within a few day, and said issue will be brought back before the Board at the June 21, 1994 regular meeting.

Mr. Gaylord informed the Board that Lake County has filed a Proposed Recommended Order with the Hearing Officer regarding the Lake County Comprehensive Plan.

Mr. Gaylord further informed the Board that the case of the Department of Community Affairs (DCA) and Brady v. Lake County has been continued until September 27, 1994.

COUNTY MANAGER

CONTRACTS, LEASES & AGREEMENTS

Mr. Pete Wahl, County Manager, stated that the Board had received a memorandum, dated June 3, 1994, in regard to the discussion of the selection of the Financial Advisor, and a memorandum providing a summary of the activity of the work products, and reports of Public Financial Management (PFM) over the life of their current contract, prior to the meeting this date. He stated that he has reviewed the potential for the use of an in-house advisor, and the City of Tampa was the only major political jurisdiction to his knowledge that does not currently use a finance advisor. He suggested that it may be appropriate for the Board to extend the contract with PFM for a one-year period in order to allow them to complete projects currently in process, and to develop criteria for a Request for Proposal (RFP) if it was the Board's desire to seek a new financial advisor.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to extend the contract with Public Financial Management (PFM) for a one-year period, and to include, if it was not currently being done, a specific line item that was to be budgeted for professional services performed by PFM.

SOLID WASTE/MUNICIPALITIES

Mr. Pete Wahl, County Manager, discussed the information that had been received from the Florida Association of Counties relative to the Waste Flow Control issue that has been addressed by the Supreme Court.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board authorized the Chairman to prepare a letter to the Legislative Delegation, and to the appropriate committees, in support of the federal legislation which would provide additional Waste Flow Control in our cities and counties.

ADDENDUM NO. 1

REPORTS

COUNTY MANAGER

MUNICIPALITIES/PUBLIC SERVICES

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

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a Letter of Agreement between the City of Eustis and Lake County; and authorization for Chairman's signature which allows the City of Eustis to utilize the printing quote of Moore Business Systems in the preparation of a First Class Notice related to the assessing of stormwater costs. Eustis will reimburse the County for the appropriate direct costs.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Mr. Pete Wahl, County Manager, stated that the Board was required to recommend to the Governor names of six individuals representing a cross section of interests within the Green Swamp Area of Critical State Concern, at which time the Governor will select three members to serve on the Green Swamp Land Authority. He suggested that the Board advertise for interested parties to submit applications by June 17, 1994 expressing their interest in membership on the Green Swamp Land Authority.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to advertise for interested parties to submit applications by June 17, 1994 expressing their interest in membership on the Green Swamp Land Authority; and a June 21, 1994 date for resubmittal to the Board for consideration of six (6) individuals to be forwarded to the Governor representing a cross section of interests within the Green Swamp Area of Critical State Concern, including interested property owners within the Green Swamp.

RECESS AND REASSEMBLY

At 1:00 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:15 p.m.

COMMISSIONER SWARTZ - DISTRICT NO. 3

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Ms. Denise Joiner as the District 3 representative to the Citizen's Commission for Children. Her term will expire on June 7, 1997.

COMMISSIONER CADWELL - DISTRICT NO. 5

MEETINGS

Commr. Cadwell announced that the 1994 Patriot of the Year celebration would by held on June 12, 1994 at 2:30 p.m. at the Lake County Judicial Center.

COMMISSIONER HANSON - CHAIRMAN & DISTRICT NO. 4

COMMISSIONERS

Commr. Hanson requested that discussion in regard to the Retreat Sessions, Values Statements, and priorities be postponed until the June 21, 1994 regular meeting.

COUNTY EMPLOYEES

Commr. Hanson briefly discussed the recruitment of a Volunteer Information Officer.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the Volunteer Coordinator to begin recruitment of a Volunteer Information Officer.

ADDENDUM NO. 1

REPORTS

COMMISSIONER HANSON - CHAIRMAN & DISTRICT NO. 4

RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution No. 1994-111 naming the Lake County War Veterans Honor Guard as 1994 Patriot of the Year.

RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1994-112 acknowledging Shirley Grantham for her involvement with the Federation of Business and Professional Women, and her installation as President of the Florida Federation of Business and Professional Women.

PLANNING & DEVELOPMENT/STATE AGENCIES

Mr. Mark Knight, Chief Planner, Planning & Development, appeared before the Board to present the workshop on the Comprehensive Plan Amendment for Variance Process for Lots of Record. He discussed his memorandum to the Board, dated May 4, 1994, in regard to a letter from Mr. Charles Pattison, Department of Community Affairs (DCA), concerning the Comprehensive Plan Amendment to Policy 1-12A.3 regarding aggregation of Lots of Record. He stated that Lake County has a pending County Comprehensive Plan Amendment that has been adopted; however a portion of said amendment has been found not in compliance by the Department of Community Affairs providing for a variance for aggregation of Lots of Record. He stated that the County Attorney and the Planning & Development Department held a conference call with DCA to discuss dates, amendments that would be necessary, and the Stipulated Settlement Agreement that would be required to bring the Comprehensive Plan into compliance with Florida Statutes Chapter 163.

At this time, discussion occurred regarding the Department of Community Affairs' request that the policy amendment not apply to the Core/Conservation or Rural/Conservation portion of the Green Swamp Area of Critical State Concern.

Discussion continued regarding the Department of Community Affairs' request that the policy amendment not apply to the Wekiva River Protection Area. Commr. Hanson expressed her concern with the impact on property owners in the Urban Node, at which time Mr. Knight stated that there would be no aggregation requirement for 5.5 units per net acre or larger. Commr. Hanson noted that currently the Land Development Regulations are requiring up to five (5) acres aggregation in the urban node, however the Comprehensive Plan was not. She stated that this issue should be readdressed.

Mr. Knight discussed the request by the Department of Community Affair's that there should be one variance policy based on property ownership patterns as of the date of the policy adoption, which would provide a window of opportunity for property owners currently subject to the aggregation require to transfer property to another person.

Mr. Knight further discussed the request by the Department of Community Affairs that there should be one variance policy that would apply only to platted subdivisions and not to old unrecorded subdivisions.

Mr. Knight discussed the request by the Department of Community Affairs that the County should use one of three options to implement the density exception, as follows: 1) adopt a policy that allows for a density exception if single lot ownership, as of the date of the adoption of the policy, constitutes at least eight-five (84%) percent of a platted subdivision; 2) develop a Geographic Information System; and 3) allow no greater than a two lot variance from the aggregation requirement.

At this time, Mr. Knight presented maps, for the Board's review, that identified ownership patterns in a rural land use category in the Orange Hill Subdivision, located east of the Wekiva River Protection Area; and in the Shockley Heights Subdivision, located in the Ocala National Forest, and indicated a number of property owners that would have a number of contiguous lots where others in the subdivision would have one lot.

Mr. Knight discussed the adoption of a policy that allows for a density exception if single lot ownership, as of the date of the adoption of the policy, constitutes at least eight-five (85%) percent of a platted subdivision, and suggested that, if this option was selected, it may be more applicable to Lake County by reversing the language, as follows: "Adopt a policy that does not allow for a density exception if X percent of a platted subdivision, or phase of a platted subdivision, whichever is more appropriate, is under common ownership."

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests from the Department of Community Affairs in regard to the Lake County Comprehensive Plan Amendment to Policy 1-12A.3, regarding Aggregation of Lots of Record: 1) Policy amendment not to apply to the Core/Conservation or Rural/Conservation portion of the Green Swamp Area of Critical State Concern; 2) Policy amendment not to apply to the Wekiva River Protection Area; 3) One Variance Policy based on ownership patterns as of March 2, 1993 would provide a window of opportunity for property owners currently subject to the aggregation requirement to transfer property to another person; 4) One Variance Policy that does not apply to unrecorded subdivisions; and 5) Policy that allows for a density exception if single lot ownership, as of the date of the adoption of the policy, constitutes at least eight-five (85%) percent of a platted subdivision, and to include alternatives presented by staff (i.e., adopt a policy that does not allow for a density exception if X percent of a platted subdivision, or phase of a platted subdivision, whichever is more appropriate, is under common ownership.

COUNTY POLICY/SOLID WASTE

Commr. Hanson presented the request for discussion of the acquisition of the Olive Eckerson property, and the request for approval of a draft Acquisition of Land Policy as prepared by Mr. Pete Wahl, County Attorney.

Mr. Pete Wahl, County Manager, stated that the request for approval of the draft Acquisition of Land Policy had been placed on the agenda based on his discussion with the individual Commissioners subsequent with Mr. Fred Kurras, Appraiser, presenting his concerns and staff's review of the acquisition of the Olive Eckerson property. He stated that, prior to any action of the Board on any real property acquisition, the policy would insure that staff of the department/division/office requesting the property acquisition would be required to review with each member of the Board all documents, correspondence, plans or appraisals related to the real property; and any other information related to the property which might bear upon the purchase of the real property, and the County Attorney would be required to review with each member of the Board the details of any contractual offer to be made to the owner of the real property of which acquisition was sought. He stated that at the Board's request, staff has compiled all of the information that had been forward to the Board in April 1994 in regard to the Eckerson acquisition.

Mr. Albert Stricklen, Appraiser, appeared before the Board to discuss the two appraisals of the Eckerson property, and expressed his appreciation for the opportunity to appeared before the Board. He stated that the information that he will be supplying will provide clarification to the situation in regard to the Eckerson property. He stated that the first appraisal of the property in question was appraised as Agricultural property, and that he was requested to assume that certain roads and utility improvements were completed on the property as of the effective date of the second appraisal.

At this time, Mr. Stricklen provided the Board with background information on himself and his business experience prior to opening

his own business in Lake County. He stated that fifty (50%) percent of his company's business was in condemnation work. He explained that the County has avoided a potentially disastrous lawsuit by Ms. Eckerson against the County for damages that may have been inflected on her property. He further stated that it was his understanding that there may have been some contamination being transferred from the Lake County Landfill site to Ms. Eckerson's property, and it would not have been economically feasible to try to clean up the contaminated earth. He further discussed the ramifications of a lawsuit filed by Ms. Eckerson, and the costs involved in such an action. He stated that, in his opinion, the County did not pay too much for the acquisition of the Eckerson property in the amount of $320,000.00.

Mr. Stricklen explained that the County has avoided setting a precedence of implementing a policy of condemnation to acquire property. He stated that the acquisition of property by a public entity through condemnation was the most difficult, time consuming, and expensive way to acquire property.

Mr. Stricklen addressed questions presented by the Board and stated that it was his assumption at the time of the appraisal that Frankie Road was a proposed road that would traverse the east half of the south boundary of the Eckerson property and then proceed north. He further stated that he had been provided a map indicating the road in addition to a letter from County staff requesting that he appraise the property in that manner.

Mr. Jim Stivender, Director, Public Services, appeared before the Board and stated that, at the time that the first appraisal was received, staff was concerned about the value of the property based on previous history with Ms. Eckerson. He discussed the issues that were taken into consideration in regard to the second appraisal and stated that at the time that the first appraisal was prepared in 1989, the water line was not available, and the road was a clay road off of Highway 561. He stated that said road has now been extended to a quarter mile from the Eckerson property, and a County clay road extends to the Eckerson property. He further stated that the intent of staff was to provide an overall view of what could occur. In response to a question from Commr. Cadwell, Mr. Stivender stated that the information provided to Mr. Stricklen was for the purpose of clarifying the issues, and staff knew from past history that the owner was aware of the value of the property in question.

Commr. Swartz stated that he was not questioning Mr. Stricklen's appraisals, but he does question the information that was provided to Mr. Stricklen. He directed questions to Mr. Stivender in regard to the proposed road and water on the property in question, and stated that at no time was there discussion with the Board on the issue of the proposed road and water.

Commr. Swartz stated that the central point was not whether $320,000.00 was too much for the property in question or with the appraisals, but with the manner in which staff dealt with the purchase of the Eckerson property. At this time, Commr. Swartz discussed his memorandum, dated June 7, 1994, in regard to a proposed reprimand of Mr. Pete Wahl, County Manager, and Mr. Frank Gaylord, County Attorney, in regard to their involvement with the acquisition of the Olive Eckerson property. He stated that his request for a reprimand was based on three points, at which time, he discussed the following points: 1) Failure to provide the Board with essential information, such as failing to discuss the existence of a prior $95,000.00 appraisal of the subject premises by Mr. Stricklen, and failing to disclose that Mr. Stricklen had been asked to rely on highly questionable assumptions in preparing his second appraisal of $420,000.00; 2) Failure to ensure that the second appraisal requested of Mr. Stricklen was based on reasonable and accurate assumptions and not on unreasonable and questionable assumptions; and 3) Failure to act in accordance with the BCC motion of December 7, 1993. He expressed his concern that it should have been the responsibility of the Board to set policy and not the responsibility of staff. He stated that it should have been clear to staff that the Board did not understand two significantly different appraisals and the letter that affected the appraisal.

Commr. Cadwell stated that the purchase of the Eckerson property, in the amount of $320,000.00, has resulted in a savings to the taxpayers in lieu of going through other avenues in purchasing said property. He stated that staff felt that the first appraisal was not a valid appraisal and, using their professional opinions, requested Mr. Stricklen to look at the property using different assumptions. He stated that he does not recommend disciplinary action.

Commr. Swartz made a motion, which was seconded by Commr. Gerber for discussion purposes, to approve the proposed reprimand, as outlined in the memorandum dated June 7, 1994, of Mr. Pete Wahl, County Manager, and Mr. Frank Gaylord, County Attorney, in regard to the acquisition of the Olive Eckerson property; and that said reprimand be placed in the personnel files of the County Manager and the County Attorney.

Commr. Gerber stated that there was a fundamental problem with executive powers of County government being the responsibility of the County Manager and the legislative or policy setting powers of County government being the responsibility of the Board of County Commissioners, which allows the County Manager to make decisions and the Board is held accountable. She stated that it would be remiss of the Board not to acknowledge that the County Manager and the County Attorney made a mistake in the handling of the acquisition of the Eckerson property.

Commr. Hanson stated that the Board acted in the best interest of the taxpayers, and the proposed Acquisition of Land Policy will provide a method of improvement in future land acquisitions.

Mr. Frank Gaylord, County Attorney, reviewed the issues pertaining to the acquisition of the Eckerson property and discussed the considerations and the common practice in potential condemnation cases. At this time, Mr. Gaylord distributed a copy of an Order on Motion for Attorneys' Fees involving the case of the State of Florida Department of Natural Resources for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund v. Wekiva River Estates, Inc. a Florida Corporation, Florida Gas Transmission Company, and an Order Assessing Attorney's Fees and Expert Fees and Costs, involving the case of Florida Power Corporation v. Joseph Cheng, et al, and explained that the basis of both cases was the deviation between what the condemee said could be done to the property and what the condemnor said could be done to the property. In each of those cases, the condemee and the condemnor were successful and the fees and costs associated with the cases were between $215,000.00 and $335,000.00. He discussed the meeting of December 7, 1993 and stated that the price was consistent with the appraisal for industrial use which was through out the area in question.

Mr. Wahl stated that, in terms of the two appraisals that were prepared, the zoning in the second appraisal was Industrial, and the zoning in the first appraisal was agricultural. He stated that the purchasing policy that existed at the time that the appraisals were being considered was for property under $500,000.00 to have one appraisal. He explained that staff had discussed the fact that the original appraisal was less than the appraisal that had been done in 1989, and at that time, staff was directed to talk with Mr. Stricklen to determine if there was something that could be done to avoid the process of condemnation.

Commr. Cadwell called for the question.

Commr. Hanson expressed her appreciation to Mr. Stricklen for providing additional information and clarification on this issue.

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

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

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Acquisition of Land Policy, as presented.

MEETINGS/COMMISSIONERS

Commr. Hanson informed the Board that the District 4 Lake County Town Hall Meeting had been scheduled on July 7, 1994, at 7:00 p.m., at the Sorrento Chamber of Commerce Building.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.

CATHERINE C. HANSON, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

msf\6-7-94\6-18-94