A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 11, 1995

The Lake County Board of County Commissioners met in regular session on Tuesday, July 11, 1995, 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: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr. (arrived at 9:20 a.m.); Catherine C. Hanson; and Welton G. Cadwell. Others present were: Sue Whittle, Interim County Manager; Rolon Reed, Interim County Attorney; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budgets; and Sandra Carter, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Gerber requested to place on the Agenda, under her Commissioners' Business, the issue of the proposed Orange County growth center, for discussion and possible vote.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.

Commr. Swartz was not present for the discussion or vote.

MINUTES

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board postponed the Minutes of May 2, 1995 (Regular Meeting) until a later date.

Commr. Swartz was not present for the discussion or vote.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 15, 1995 (Special Meeting), as presented.

Commr. Swartz was not present for the discussion or vote.



On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 21, 1995 (Special Meeting), as presented.

Commr. Swartz was not present for the discussion or vote.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

CLERK OF COURT'S CONSENT AGENDA

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

Budgets/Budget Transfers/County Attorney/Sheriff/Judiciary



Request for approval of Budget Transfers from the Office of Finance, Audit & Budgets, as follows:



BUDGET TRANSFERS



Fund: General Fund

Department: Judiciary

From: Contingency $ 125,000

To: General Accounts 125,000

Transfer No.: 95-212



Justification: Due to increased court activity, a transfer from Contingency is needed to cover the cost of court billings and appeals, conflict attorneys, and psychiatric exams for the remainder of the fiscal year. Balance in Contingency after transfer is $329,902.



Fund: General Fund

Department: County Attorney/Sheriff

From: Attorney Fees - County $ 15,000

To: Attorney Fees - Sheriff 15,000

Transfer No.: 95-219



Justification: The amount for Attorney Fees for the Sheriff was placed in the County Attorney's budget at the beginning of the year, for labor related matters concerning the Jail. The Sheriff is requesting that $15,000 of those funds be transferred to the Sheriff's In House Support Account.



Accounts Allowed/Courts-Judges



Request for approval of Satisfactions of Judgment for Edwin Hernandez, in the amount of $250.00, Case No. 87-1529-CF; and Robert Franklin Kirby, Jr., in the amount of $250.00, Case No.

91-1450-CF, and authorized proper signatures on same.



Accounts Allowed/Courts-Judges



Request for approval of Satisfactions of Judgment for James Edward Summers, in the amount of $250.00, Case No. 92-1482-CF; and Richard Scott Keen and Jill Fox, in the amount of $50.00, Case No. 87-1306-CJ, and authorized proper signatures on same.





Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Inge Renee Rawson, in the amount of $250.00, Case No. 95-62-CFA, and authorized proper signatures on same.



Audits/Education



Request to acknowledge receipt of the Operational compliance audit of the District Board of Trustees, Lake-Sumter Community College, for period of July 1, 1993 through June 30, 1994.



Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission - Notice of Cancellation of Commission Hearing, Docket No. 910875-TC, Re: Initiation of Show Cause Proceeding Against Equal Access Corporation for Violation of Interlata Rate Cap and Rule 25-4.043, F.A.C., Response Requirement. Canceled: June 30, 1995, 9:30 a.m., Friday.



Accounting/Funds/State Agencies



Request to acknowledge receipt of the Green Swamp Land Authority's General and Acquisition Fund Balance Sheets; General Fund Revenues and Appropriation Expenditures; and General Fund Cash Receipts and Disbursements, as of May 31, 1995, prepared by Greenlee Kurras Rice & Brown, P.A., in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.



Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending May 31, 1995, in the amount of $146,527.15. Same period last year: $121,831.49



Reports



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



Budgets/Municipalities



Request to acknowledge receipt of the proposed budgets for the Village Center Community Development District for Fiscal Year

1995-96, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes. Comments are to be submitted prior to the adoption hearing on August 25, 1995.



COUNTY EMPLOYEES

EMPLOYEE AWARDS



Commr. Gerber presented Employee Awards, as follows:



Plaques to Employees with Five Years of Service to the County



Mary J. Davis, Landfill Attendant II, Solid Waste Management Services/Administrative Division/Support Services



Elaine Hawthorne, Landfill Attendant II, Solid Waste Management Services/Administrative Division/Support Services



Archie Lambert, Equipment Operator III, Solid Waste Management Services/Solid Waste Disposal Operations Division

(Not present for presentation)



Plaque to Employee with Twenty Years of Service to the County



Clarence Morgan, Assistant Area Maintenance Supervisor, Public Services/Roads Division/Maintenance Area I (Leesburg)



Plaque to Retiring Employee with 11 Years and 3 Months of Service to the County



Roy K. Greene, Environmental Enforcement Specialist, Planning and Development/Environmental Management Division, Pollution Operations (Not present for presentation)



COMMITTEES



LAKE COUNTY BOARDS AND COMMITTEES AWARDS



Commr. Gerber presented Lake County Boards and Committees Awards, as follows:



Presentation of Certificates



Lake County Agriculture Advisory Committee



Terrell Davis, for his service to Lake County as a member of the Lake County Agriculture Advisory Committee from 1992-1995

(Not present for presentation)



Jerry Latner, for his service to Lake County as a member of the Lake County Agriculture Advisory Committee from 1992-1995

(Not present for presentation)



Claude Smoak, for his service to Lake County as a member of the Lake County Agriculture Advisory Committee from 1992-1995

(Not present for presentation)



Lake County Parks and Recreation Advisory Board



Gregory Nelson, for his service to Lake County as a member of the Lake County Parks and Recreation Advisory Board from

1993-1995 (Not present for presentation)



PERSONAL APPEARANCES

LEAGUE OF WOMEN VOTERS

COMMITTEES/RESOLUTIONS

Ms. Bonnie Roof, President, Lake County League of Women Voters, appeared before the Board to request approval of a Resolution recognizing the month of July as the 75th anniversary of women getting the right to vote and to discuss the issue of a Charter Government. She read a statement into the record regarding the fact that the League of Women Voters was celebrating its 75th anniversary and the fact that, in Washington, D.C., Senator Robert Byrd of West Virginia thanked the League for enshrining the tradition of civility in the Country's national electoral life. He stated that the Senate is indebted to the League of Women Voters, a group devoted to the peaceful and serious practice of democracy.

Ms. Roof stated that it was gratifying to learn that the League's efforts have not gone unnoticed, at which time she noted various achievements that the League has accomplished. She noted, however, that changes in technology and the economy, changes in American communities, and changes in global affairs are having a profound impact on the political system. She stated that, at the same time, a poisonous cynicism and anger have infected the electorate and dimmed the people's faith in their elected officials. She stated that the challenge of self-government becomes ever more daunting. The needs of 21st Century democracy are different and the political process must change to meet those demands. She stated that the League can reach out to voters and help restore faith in the political process, a faith that has been under assault in recent years. She stated that they have proved that the system can be made more democratic. She stated that the League believes that the citizens are the ones responsible for making the system work, noting that it is up to the citizens to do the hard work of perfecting American democracy.

Ms. Roof stated that, in June, 1994, the Charter Study Committee, appointed by the Board, recommended that the Board establish a Charter Commission, for the purpose of formulating a proposed charter, to be presented to the voters of Lake County, for their approval or disapproval. She stated that the Charter Study Committee arrived at its recommendation after intensive study conducted at twice-monthly meetings, for an entire year. She stated that the Board voted 3-2 against the recommendation, however, the League of Women Voters of Lake County was respectfully requesting that the Board reopen the issue and reconsider the recommendation of their committee.

Ms. Mary Smith Fletcher, past President of the League of Women Voters, appeared before the Board stating that she was a member of the Charter Study Committee and that, having been a past President of the League, was well aware of the State League's position on charter government. She stated that she believed in a charter government, because she believed in an informed electorate doing a job in a community and believed it could be more efficient and more fiscally sound, if done properly. She stated that Lake County does not have to copy any other county's charter government, it can learn from other counties' errors and mistakes and form its own. She stated that the County is going from an agricultural county to a heavily populated county and is going to be faced with many, many problems in the future and she feels that it will be much better to have the machinery set up to handle it, therefore, requested the Board's support and vote on the matter.

Mr. T. Keith Hall, Lake County Tax Collector, appeared before the Board stating that he also served on the Charter Study Committee and was concerned about what appears and has been portrayed to the public as being an opportunity to empower the citizens. He stated that the citizens have tremendous power, in the form of elections, and that all those individuals who have been elected know that quite well, noting that some make it and some do not, some get reelected and some do not, and that is the power that the people have. He stated that the system the County currently has for removing public officials that are not doing their job, particularly those that are breaking the law, is much more efficient than anything that can be done. He stated that the Governor can remove, does remove, and will remove officials from office, if something is done that is contrary to law. He stated that, in some of the counties that have adopted the charter form of government, rather than empower the people, they have empowered the Commissioners.

Mr. Hall discussed the issue of a utility tax and suggested that the Board look at the history of Dade, Volusia, and Orange counties, to see how a charter form of government has affected them. He stated that, if the Board were to take a survey of their constituents, they would find that there are not many who feel that the County is going to the dogs, if the County does not go to a charter government, nor do they even know what a charter government is and could care less. He urged the Board not to vote in favor of the League's request to reconsider the issue of a charter government; however, noted that, if they chose to do so, he and many others that feel as strongly as he does about the issue would do everything they could at the polls, through the citizenry, to keep it from happening.

Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board stating that very few people are pushing a charter government. He discussed a recent Board Meeting regarding the issue of Land Development Regulations (LDRs) and what transpired at said meeting, stating that the Board did not consider what the majority of the people that attended that meeting wanted for Lake County. He stated that he had spoken to approximately 5,000 people in the County, recently, and had yet to run into anybody that was interested in a charter government, outside of the small handful of people who have been pushing it, along with the issue of the utility tax and non-partisan elections. He stated that he felt there was a lot of political posturing going on about the issue of a charter government. He stated that the people of Lake County do not want a charter government, that it was a power grab by a simple majority of the Board.

Mr. Havill stated that there is not one county in the State whose budget stayed the same, or went down, after they went to a charter form of government. He discussed the issue of a utility tax and how it first came about in the County. He stated that Lake County does not have abuse of political power, noting that there was not one of the County's five constitutional officers that could have anything raised about them, with regard to dishonesty, or anything else. He stated that setting up a charter government is expensive and the County does not need it.

Mr. Carl Lindstrand, a local resident, appeared before the Board stating that they must respond to the voters, noting that he was not taking issue with a charter government, or anything else, he was just tired of people showing up at the Board Meetings to give the Board a hard time in their decision making process.

Lake County Sheriff George Knupp appeared before the Board stating that he felt charter government was about power and taxes. He stated that, in other counties that have charter government, the power is not with the constitutional officers, it is taken away when charter government is put into place. He gave examples of what has transpired in Orange and Volusia Counties, since going to charter government. He stated that the power in charter government lies in the hands of few, that there are no checks and balances. He questioned, in a charter government, who the Sheriff was going to be responsive to - the person who appoints him. He stated that he is responsive to the citizens of Lake County, that they elected him and, if he does not do his job as they feel he should, he will not be reelected. He stated that he did not feel the citizens of Lake County want to give up their right to elect their public officials. He stated that he did not feel Lake County was ready for a charter government and questioned why, if it was so popular, all 67 counties in the State did not have a charter government. He stated that it does not save the taxpayers anything, nor do the citizens have any more power, they have less. He requested the Board to look at charter governments throughout the State, before voting on the matter. He stated that Lake County does not need charter government, it is working efficiently and effectively the way it is.

Mr. Michael O'Reilly, a resident of Eustis and member of the Charter Study Committee, appeared before the Board stating that he respectfully disagreed with the Sheriff, in that he felt the right to elect the constitutional officers was never a question among the members of the Charter Study Committee, certainly not among the two constitutional officers that served on it. He stated that it is up to the people of the County and requested the Board to put the issue before them for a vote.

Commr. Gerber stated that it was a very complicated issue, noting that it took the Committee a year to muddle through it. She stated that they took testimony from people for and against charter government and their recommendation was to put it to a referendum.

Commr. Cadwell stated that the people he talked to about a charter government did not have any interest in having one. He stated that he felt the Board was reacting to something where there may not be a need and, in a time where the County is not going to be able to fully fund childrens' programs, law enforcement, etc., the County would have to spend approximately $40-50,000.00 for the Committee to do their work, get it on the ballot, and do the things that the County would need to do, and he did not feel there was an outcry of the people to do that.

Commr. Hanson concurred, noting that she had not had an outcry of people wanting charter government either, other than a few vocal individuals that have tried to make it an issue. She stated that she does not feel the public understands what the difference between charter and non-charter government is, so, perhaps an educational process needs to occur. She stated that a charter government, or a non-charter government, can work equally well, it depends on how it is structured. She stated that she had talked to people in other counties who were for charter government and worked hard to get it, however, are now sorry they did, because it has driven the people further away from their elected officials, rather than closer to them. She stated that she felt a charter government was not appropriate at this time, however, was not opposed to a petition drive to put it on a referendum. She noted that she would rather see the money for a Commission go toward more deputies or childrens' services.

Commr. Good stated that it was very hard for him to discuss a charter that he could not read. He stated that, during his campaign, he talked about a charter government and was recognized as a person who was willing to look at a charter government and possibly move forward with it, but it was very hard to talk about something that did not exist in words. He stated that he felt the League of Women Voters was attempting to get a Commission together, so that there can be discussion about concrete wording and possible changes, in the form of a starter charter, however, he did not sense large grass root support for charter government, when he was campaigning. He stated that he felt a petition drive would do nothing but say that the County should form a Commission.

Commr. Gerber stated that she did not think it was a grass roots issue, it was a leadership issue and, if the Board wanted to change the form of government it has, they would have to take the initiative and, if a citizen's group, like the League of Women Voters comes forward, they have to decide whether or not they want to respond to their requests. She stated that there are three methods of bringing a charter government forward, being (1) a petition drive, (2) an ad hoc committee that the Board could form to bring the charter issue back to the Board and have the Board decide whether to put it on a referendum, and (3) through the citizens commission, where the charter that they write would automatically go to a referendum, without approval of the Board. She stated that the votes, during the Charter Study Committee, were overwhelming to do it through the Commission, although she was not for that method, she was more toward the ad hoc committee. She stated that all the League wants is the opportunity to bring it forward and let the voters decide.

Commr. Swartz stated that he supported the Charter Study Committee, because he thought that was the way to get the matter into the public domain - have committee meetings, get a document that the people could look at, and bring it back to the Board; however, his understanding was that the Board still had the opportunity to change it. He stated that he would not vote, this date, to reverse the decision that the Board took, when the matter was last brought to them, but would suggest and support having a public meeting, so that the Charter Study Committee could give a presentation to the Board and find out whether or not the people want to consider charter government in Lake County.

Mr. Carl Lindstrand reappeared before the Board and questioned why they did not have someone put together all the advantages and disadvantages of a charter government and give the people a chance to react to it.

Commr. Gerber stated that that would be hard, because there are so many different ways to write a charter. She stated that there are only four things a County can do in a charter government that they cannot do in a non-charter government, which she noted. She stated that the only time the Board could actually put out intelligent pros and cons about a charter government would be when they get to the design of the individual charter.

Commr. Swartz suggested setting the public meeting far enough in the future so that people will have plenty of time to study it. He stated that, if it is an issue of worthy consideration and is eventually considered, the Board would do it justice by not doing it in a hurried fashion and, if it is not an issue of worthy consideration, it will not pass anyway. He suggested the Board tape the meeting and have it broadcast from Lake-Sumter Community College, in order to generate some idea of how the public feels about it. He stated that he felt the recommendation from the Charter Study Committee was presented well and he would like for the people of Lake County to see the same presentation that was given to the Board.

Mr. Dick Seron, a resident of Tavares, appeared before the Board stating that he felt he, the public, and the Board had the ability to workshop the individual areas that relate to charter government - the pros and cons of this concern, that concern, etc., so that, by the time four or five individualized meetings had been held, they would have addressed each of the major issues, over a period of time. He stated that, for something as serious as a charter government, he wanted to discuss a particular issue and hear recommendations, pros and cons, so that said issues could be thoroughly hashed out in everybody's mind. He stated that each issue was very important and he did not feel the Board should try to discuss the whole thing in one night.

Mr. T. Keith Hall, Tax Collector, reappeared before the Board stating, for the record, that the Minutes and audio tapes of each of the Charter Study Committee meetings, as well as copies of all 13 charters, a synopsis that was given by one or more members of the Committee on each of those charters, etc. were available to anyone that wanted to obtain them.

Commr. Swartz suggested that said information be put together in one document so that anyone interested in looking at it, or buying it, would be able to do so.

It was the consensus of the Board to have the Chairman set an agenda item, for a date for a general community workshop, in the near future, regarding the issue of a charter government, to be taped and possibly broadcast by Lake Sumter Community College, to help educate the general public regarding same.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a Resolution honoring the 75th anniversary of women getting the right to vote.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Gerber requested that Tab 11, a request from Public Services for approval and authorization to participate jointly with the St. Johns River Water Management District; approval of a Selection and Negotiating Committee, to represent Lake County; and approval to enter into a Three Party Agreement with a successful vendor, for a detailed study of the Lake Dora basin, be pulled from the County Manager's Consent Agenda and discussed separately.

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

Community Services/Contracts, Leases and Agreements

State Agencies



Request from Community Services for acceptance and approval of the Third Amendment to the contract between the Department of Health and Rehabilitative Services and Lake County.

Accounts Allowed/Contracts, Leases and Agreements

Community Services/Private Industry Council



Request from Community Services for approval to increase the amount of the Program Year 1994-95 JTPA contract with Volusia, Lake, Flagler Private Industry Council, Inc., from $795,093.00 to $828,046.00, to include Summer Youth Program operating funds, and authorization for the Chairman to sign the Contract Addendum.



Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval of Change Orders, in the amount of $109,788.00, to Metrics' GMP contract for Facilities Renovation.



Accounts Allowed/Contracts, Leases and Agreements

Animal Control/Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval to execute Change Order No. 2, in the amount of $3,268.00, to Construction Development & Design Company, for Lake County Animal Control Facility project.



Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval of Change Order, in an amount not to exceed $3,000.00, to Metrics' contract, for modifications to the Administration Building, for the installation of electrical power to video monitors on the 1st, 3rd, 4th and 5th floors.





Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval of deductive Change Orders, in the amount of $3,298,944.00, to Metric Construction, associated with the Facilities Renovation Projects.



County Employees/Human Resources



Request from Human Resources for approval of Certificates for employees with one and three years of service to the County.



County Employees/Human Resources/Reports



Request from Human Resources for approval for the Chairman to execute IRS Form 5500 and Schedule F - Annual Return/Report of Employee Benefit Plan, subject to review and approval by the County Attorney.



Public Services/Roads-County and State



Request from Public Services for acceptance of a Maintenance Map, for the intersection of C-455 and Buckhill Road (3-2739).



Public Services/Resolutions/Roads-County and State/Signs



Request from Public Services for approval of a Resolution authorizing the posting of speed limits on the following roads, in the Minneola area: Lake Drive (2-1840), Oklahoma Street (2-1840A), Lakeshore Drive (2-1741), Jalarmy Road (2-1838), Apshawa Road

(2-2035), and Cherry Lake Road (C.R. 478).



Public Services/Resolutions/Roads-County and State/Signs



Request from Public Services for approval of a Resolution authorizing the posting of speed limits on the following roads, in the Sylvan Shores, Mt. Dora area: Morningside Drive (3/4-4568), Northland Road (3-4565), Westland Road (3-4465A), Palmetto Road

(3-4465), Greenway Drive (3-4467), Eastland Road (3-4566), Florence Road (3-4367), Gertrude Place (3-4468), Lucerne Drive (3-4267), Magnolia Drive (3-4565A), Poinsettia Drive (3-4566A), Sheridan Road (3-4367A), Southland Road (3-4466), and Washington Road (3-4467A).



Public Services/Resolutions/Roads-County and State/Signs



Request from Public Services for approval of a Resolution authorizing the posting of speed limits on the following roads, in the Yalaha and Howey-in-the-Hills area: Savage Circle (3-3138), Trimpi Road (3-3123), Frontier Drive (3-2123D), Indian Ridge Drive (3-3123E), Lakeview Drive (3-3221A), Stone Mountain Road

(2/3-3221), Bloomfield Avenue (3-3026), and Number Two Road

(2/3-3024), portion outside city limits of Howey-in-the-Hills.



Public Services/Resolutions/Roads-County and State/Signs



Request from Public Services for approval of a Resolution to post "No Truck" signs on Old Mt. Dora Road (3-4865), from U.S. 441 to Grove Street, in the Eustis area.



Public Services/Resolutions/Roads-County and State/Signs



Request from Public Services for approval of a Resolution authorizing the posting of a speed limit on the following roads, in the Clermont area: Swallow Point (2-0834), Willowwood Court

(2-0835B), Latana Crest (2-0935A), Bitteroot Circle (2-0935B), Bee Tree Trail (2-0935C), Lake Katherine Circle (2-0935E), Summerwind Court (2-0936A), Astatula Lane (2-0936), Crescent Lake Court

(2-0937), Myakka Drive (2-0935D), Mesa Lane (2-0935F), Lake Hill Drive (2-0935), Country Hill Road (2-0938B), Skyway Drive

(2-0938A), Crescent Bay Boulevard (2-0938), Windchime Circle

(2-0939), Jacaranda Avenue (2-0836A), Cherith Lane (2-0836), Rose Hill Drive (2-0838), Denali Drive (2-0735), Hasson Road (2-0736B), Point Nellie Drive (2-0737A), Northglen Drive (2-0841A), Southglen Drive (2-0841B), Brown's Canal Drive (2-0841), Cypress Lane

(2-0741), Mossy Oak Lane (2-0640), and Nellie Oaks Bend (2-0640A).



Accounts Allowed/Bids/Public Services/Road Projects



Request from Public Services for approval to advertise for bids for CR 33/CR 48 Widening and Resurfacing Project No.

15-95, at an estimated cost of $895,000.00, from the Road Impact Fee Fund, Benefit District 4, Commission District 2.



Accounts Allowed/Bids/Public Services/Road Projects



Request from Public Services for approval to advertise for bids for West Main Street Road Improvement Project No. 14-95, at an estimated cost of $100,000.00, from the Road Impact Fee Fund, Benefit District 2, Commission District 3.



Accounts Allowed/Bids/Public Services/Road Projects



Request from Public Services for approval to advertise for bids for Kismet Road Resurfacing Project No. 13-95, at an estimated cost of $77,200.00, from the Transportation Trust Fund, Commission Districts 4 and 5.



Deeds/Public Services/Roads-County and State



Request from Public Services for acceptance of the following Statutory Warranty Deeds:



Harold R. Bylsma and Lorraine T. Bylsma (30%)

Thomas Boat Landing Road (5-7940)



Valerie L. Burns and Scott M. Larsen (30%)

Thomas Boat Landing Road (5-7940)



Roger D. Hagood (30%)

Thomas Boat Landing Road (5-7940)



Mark K. D. Savage (10%)

Thomas Boat Landing Road (5-7940)



First Assembly of God of Clermont, Inc.

C-565A



Deeds/Public Services/Roads-County and State



Request from Public Services for acceptance of the following Statutory Warranty Deeds:



Dwight S. Davis, Jr.

Pike Street (3-4538A)



Clifford M. McRorie and Jennifer B. McRorie

Lakeview Drive (5-3538A)



Calvin E. Finnell and Edna Irene Finnell

Lakeview Drive (5-3538A)



Deborah G. Hill

Anderson Drive (1-4353)



Arnold T. Jackson, Sr.

Thomas Boat Landing Road (5-7940)



Deeds/Rights-of-Way, Roads and Easements/Public Services

Roads-County and State



Request from Public Services for acceptance of a Statutory Warranty Deed and a Non-Exclusive Easement Deed from the following:

Roger Dean Rehfeldt/Alesia Audrienne Rehfeldt, Michael Allen Day/Susan M. Day

State Road 46



Deeds/Rights-of-Way, Roads and Easements/Public Services

Roads-County and State



Request from Public Services for acceptance of the following deeds:



Statutory Warranty



Albert M. Thompson

N. Buckhill Road



Lynne and Susan Bishop

Boys Ranch Road and Demko Road



John and Winifred Kennedy

Lake Seneca Road



Antone and Catherine Davis

Lake Louise Road



Statutory Warranty and Non-Exclusive Easement Deeds



C. A. Deems, II and Norman C. Cummins

Gray's Airport Road



Deeds/Rights-of-Way, Roads and Easements/Public Services

Roads-County and State



Request from Public Services for acceptance of the following deeds:



Statutory Warranty



Richard Mark Poorbaugh and Monica M. Poorbaugh

Keene (5-8165)



Robert L. Kuharske

Lake Erie (2-0611)



First National Bank of Mt. Dora, Trustee

Morningside Drive (3/4-4568)



James H. Mayfield

Griffin View (5-7212)



Margaret H. Mayfield

Gray's Airport (5-7310)





Temporary Non-Exclusive Easement



James H. Mayfield

Griffin View (5-7212)



Margaret H. Mayfield

Gray's Airport (5-7310)



Rights-of-Way, Roads and Easements/Public Services



Request from Public Services for acceptance of the following Drainage Easements:



John Cardenas and Yolanda Ramos

Lot 9



Kenneth B. Hinman and Sherry Hinman

Lot 10



Richard D. Schock and Gina Marie Mongiovi

Lot 11



Larry C. Wilson and Dorothy E. Wilson

Lot 12



Timothy J. Dwyer and Kimberly D. Dwyer

Lot 13



David R. Christopher, Sr. and Marcia S. Christopher

Lot 14



Deeds/Public Services



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

Deed No.: 2562

Applicant: Billy Joe Lucroy and Kathleen S. Lucroy

Location: Eus-Uma Plat "A", Dona Vista area

Recommend: Reserve 25 feet from centerline of Florida Avenue (5-6959A) and reserve 7.5 feet from centerline of alley lying west of subject lots.



Purchasing

Request from Purchasing 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; and approve and execute contracts and encumber funds, as follows:



C) Award Bids and Proposals and Issue Purchase Orders and/or Contracts



DIVISION AMOUNT



RECORDS MANAGEMENT $ 45,000.00



Florida Data Bank, Inc./Authorization to award Proposal No. RPS-4-5-05, Microfilming Services for Lake County's Records Management, encumber budgeted funds, and have the Chairman sign the contract, pending the County Attorney's approval. The Office of Purchasing sent the proposal to fifteen (15) vendors, four (4) vendors responded. The Selection Committee ranked Florida Data Bank number one, with 100 points. The Price Sheet and Final Rankings are attached to the County Manager's Consent Agenda. Funding for this project is from Account No. 001.2031290.571.8300340.



D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids



DIVISION AMOUNT



COUNTY WIDE $300,000.00



E. L. Williams/Authorization to extend Bid No. B-2-3-45, Diesel and Gasoline for one (1) additional year, per the terms and conditions of the original Bid and issue Purchase Orders within budgeted funds. The Board approved the original Bid on April 6, 1993. Funding for this will be from all County Departments that budgeted for fuel.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are not Bid or Quoted, or if they are OEM Repairs



DIVISION AMOUNT



LIBRARY SERVICES $ 69,868.20



Ameritech Library Services/Authorization to sole source the purchase of computer equipment, server, miscellaneous equipment and licenses for Lake County Library System, due to compatibility requirements and issue a Purchase Order. The Board approved the award of Proposal

No. P-5-3-18, Library Automation System, on December 7, 1993, to Dynix, Inc. This Purchase Order is for additional Library Automation equipment from the awarded vendor Dynix, however, they were purchased by Ameritech Library Services last year. Funding for this project is from the State Aid to Libraries Grant, Account

Nos. 690.2031450.571.8600640 and 690.2031260.571.8600640.



Accounts Allowed/Bids/Roads-County and State/Subdivisions

Solid Waste



Request from Solid Waste for approval to advertise for bids for SA-83, Orange Circle, Azalea Way, Parkinsonia Street "portion", Palm Street "portion", and an unnamed street, in Carlton Village Subdivision, at an estimated cost of $215,875.00, from County Transportation Trust Funds, Commission District 5.



Accounts Allowed/Bids/Roads-County and State/Subdivisions

Solid Waste



Request from Solid Waste for approval to advertise for bids for SA-84, Okaloosa Trail, in North Harbor Acres Subdivision, at an estimated cast of $59,000.00, from County Transportation Trust Funds, Commission District 4.



Contracts, Leases and Agreements/Municipalities/Solid Waste



Request from Solid Waste for approval for the Chairman to execute Interlocal Agreement between Lake County and the City of Fruitland Park, regarding the payment and application of Solid Waste System Fees, subject to review and approval by the County Attorney.

Assessments/Solid Waste/Subdivisions



Request from Solid Waste for approval and authorization for Chairman to execute Satisfaction of Assessment Liens (28), as follows:



Highland Lakes Subdivision



Marshall H. Gaard $ 860.53

Marshall H. Gaard 282.49

Marshall H. Gaard 292.32



Lakeview Heights, First Addition



Michael C. and Diane C. Brissette 1,385.37



Hilltop No. 3



Leroy D. and Mary L. Rood 1,104.49

Luther Hunt 1,515.94

Laverne Van Skiver 2,846.42



Astor Forest Campsites



A. M. Collins, Jr. 10,521.73

Bernice Wheeler 1,676.51

Bernice Wheeler 2,637.12

A. M. Collins, Jr. 5,325.73

Robert O. and Sandra M. Perry 1,250.73

Paul and Betty J. Wooton 1,264.68

Edward R. Eisler 1,626.80

Edward R. Eisler 1,699.10

Bernice Wheeler 3,704.18

Michael S. and Patricia Heavener 1,946.82



South Pine Lakes Subdivision



Robert W. and Pamela H. Cockayne 868.85

Glenn G. Mousette 729.44



Sorrento Village



Birdie M. Lawson 2,630.63



E. E. Edge's Subdivision



Alex Linsey 773.84



Ocala Forest Campsites



George and Louise Brace 834.81

George and Louise Brace 1,046.55



Hilltop Subdivision



Thomas L. and Theresa N. Furlow 858.73



Suburban Shores



Harry V. and Susan C. Jukna 2,167.50



Sorrento Shores



S & K Realty, in favor of Eileen Finzer 2,768.71

Ronald E. and Sharon A. Hill 9,469.71



Birr Park



Vicki Derickson 4,100.41



Assessments/Solid Waste



Request from Solid Waste for approval of waiver of special assessment balances for the following accounts:



No. 661104 - Derriel and Cynthia Cato - $9.76

No. 677009 - Tom and Pat Henderson - $5.34

No. 646018 - Dan and Teresa Rue - $12.54



Grants/Contracts, Leases and Agreements/State Agencies

Solid Waste



Request from Solid Waste for approval for Chairman to sign Solid Waste Recycling and Education Grant Application Part One; authorization for Chairman to sign Recycling and Education Grant Application Part Two, upon receipt from Florida Department of Environmental Protection; authorization for Chairman to sign quarterly reimbursement requests; authorization to encumber and expend funds, during Fiscal Year 1995-96; and authorization to execute Interlocal Agreements with 14 municipalities, for application and use of grant funds, subject to review and approval by the County Attorney.



COMMITTEES/CONTRACTS, LEASES AND AGREEMENTS/PUBLIC SERVICES

STATE AGENCIES

Mr. Jim Stivender, Jr., Director, Public Services, appeared before the Board and answered questions regarding this request.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Public Services for approval and authorization to participate jointly with the St. Johns River Water Management District; approval of Selection and Negotiating Committee members to represent Lake County; and approval to enter into a Three Party Agreement with a successful vendor, for a detailed study of the Lake Dora basin.

RECESS AND REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess for ten minutes.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Bonnie Roof, a resident of Eustis, appeared before the Board and addressed a concern she had about the intersection of Hwy. 44 and Estes Road. She stated that the intersection is a very dangerous one and feels that the County needs to install "Dangerous Intersection" signs at the intersection, in all directions. She suggested that they also install rumble strips on Estes Road, approaching Hwy. 44, to warn people that they are approaching an intersection.

It was the consensus of the Board to have the Public Services Department install "Dangerous Intersection" signs at the intersection of Hwy. 44 and Estes Road and to install rumble strips on Estes Road, approaching Hwy. 44.

Mr. Robert Blair, a resident of Carlton Village, appeared before the Board stating that he had understood that Tab 29, a request for approval to advertise for bids for SA-83, regarding several roads being paved, including an unnamed street in Carlton Village Subdivision, had been approved and questioned when the County would have the paving of the street in Carlton Village completed.

It was indicated that the paving should be completed in approximately 9 months, if all goes well, and there are no problems in obtaining the necessary permits.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/POLICIES AND PROCEDURES/PUBLIC HEALTH

Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained this request, stating that he and Ms. Nadine O'Connor (deceased) had discussed the criteria for eligibility for obtaining assistance through the County for rent, utilities, prescriptions, etc. and that he had asked Ms. O'Connor to begin the process of revising the guidelines. He discussed the current guidelines versus the proposed guidelines and the reason for requesting said revision.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of revised Policies and Procedures for the Division of Human Services.



CONTRACTS, LEASES AND AGREEMENTS/COMMUNITY SERVICES

PUBLIC HEALTH

Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained this request, stating that it was an agreement between the County and Leesburg Regional Medical Center (LRMC), with regard to the hospital pharmacy, for giving prescription assistance to individuals in the Leesburg area. He discussed the conditions of the agreement, noting that LRMC would function like a local recipient organization, through the FEMA Program.

Commr. Good questioned whether there would be any cost saving measures in place, to provide for the substitution of generic brand prescriptions.

Mr. Smith stated that that matter had not been addressed, to his knowledge. He stated that he would hope the individuals would use generic brands, however, would request that they do so.

Commr. Swartz stated that he was not sure how the County could do that, however, requested Mr. Smith and his staff to develop some type of system whereby the County could encourage, or require, generic brand prescriptions.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and authorization for the Chairman to sign an Interagency Agreement between Lake County and Leesburg Regional Medical Center, relating to the provision of prescription medication services, subject to additional language requiring generic brand prescriptions, where available.

COMMUNITY SERVICES/POLICIES AND PROCEDURES/PUBLIC HEALTH (CONT'D.)

On a motion by Commr. Swartz, seconded by Commr. Good and carried, by a 4-1 vote, the Board approved a request that staff develop a policy, with regard to Tab 35, a request for approval of revised Policies and Procedures for the Division of Human Services, requiring generic brand prescriptions, where available.

Commr. Gerber voted "No".

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

ECONOMIC DEVELOPMENT

Ms. Sue Whittle, Interim County Manager, explained this request, stating that it was an agreement between the County and the Economic Development Commission of Mid-Florida for FY 1995-96, in the amount of $140,000.00, including the international efforts, which were included separately last year.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval of an Agreement between Lake County and the Economic Development Commission of Mid-Florida, for Fiscal Year 1995-96, in the amount of $140,000.00; approval to encumber and expend funds; and authorization for the Chairman to sign the necessary documentation.

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT

Mr. Jim Barker, Director, Environmental Management Services, appeared before the Board and explained this request, stating that staff proposed to conduct a ground and surface water study for the Shockley Heights area, because it has such a tremendous amount of different geological problems. He then answered questions from the Board regarding same.

It was noted that, by 1996, staff shall, in order to protect the aquifer and eliminate any adverse effects and be consistent with Policy 7-2.16 of the Conservation Element, coordinate with other governmental entities to implement the following programs:

A. A septic tank monitoring program to identify improperly installed or malfunctioning septic tanks that could contaminate surface water or groundwater.



B. A program to eliminate identified malfunctioning septic tanks.



It was further noted that the $15,000.00 being requested this date was for two things, being (1) $10,000.00 for well drilling

and (2) $5,000.00 for a remote sensing unit and that staff will conduct all the other surveys, with no consultants involved, except in the well drilling.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Planning and Development for approval to initiate the Shockley Heights ground and surface water study, in the amount of $15,000.00.

ACCOUNTS ALLOWED/REPORTS/PLANNING AND DEVELOPMENT

Mr. Jim Barker, Director, Environmental Management Services, appeared before the Board and explained this request. He stated that the document (1995 Surface Water Quality Monitoring Report) before the Board, this date, was only a readable compilation of the data that had been compiled and was only meant to be the basis for more trend analysis, more information, and more reports.

The Board commended staff on the report.

Commr. Swartz suggested that staff prepare a shorter version of the report, by taking a lot of the statistical information out, and then have it distributed, in larger quantities, to libraries, the school system, etc.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Planning and Development for approval of the distribution of the 1995 Surface Water Quality Monitoring Report; approval of free distribution to public agencies; and approval of a fee of $10.00, to cover copy cost, for private entities and the public; and directed staff to prepare a shorter version, to be distributed at a lesser cost and in greater quantities.

ACCOUNTS ALLOWED/ROAD PROJECTS/PUBLIC SERVICES

Mr. Jim Stivender, Jr., Director, Public Services, appeared before the Board and explained this request, stating that staff wanted to obtain some clarification on utilizing impact fees to do the design for the Lake Minnehaha and Lake Minneola bridge projects. He then answered questions from the Board regarding the request.

Commr. Swartz stated that the Board was going to have to consider available funds in the Impact Fee Account. He stated that the County was using impact fee monies for what was, in large part, road maintenance and that staff might want to come back with a policy suggesting that the County use only a portion of impact fee monies, when doing shoulder work and improving capacity to a small degree. He stated that he felt a significant portion of what Public Services was doing was maintenance of systems and that he felt it should come out of gas tax monies.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request for staff to bring a written policy back to the Board, for their review, regarding the use of impact fees as partial payments to fund expansion costs on arterial roads, rather than resurface and maintenance monies coming from impact fees; and approval for the use of impact fees for the design and permit of the Lake Minneola and Lake Minnehaha Bridge Design Project No. 11-95, at an estimated cost of $250,000.00, Impact Fee Benefit District 5 and 6, Commission District 2.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board appointed Ms. Molly Cunningham to the Lake County Cultural Affairs Council.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board appointed Ms. Kristin Ludecke and Mr. Alton Roane to the Lake County Cultural Affairs Council.



OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board appointed Ms. Laura Clark to the vacant At-Large position on the Lake County Library Board, to complete the remainder of the term of Ms. Carol Ann Morris-Smith, who resigned, with the term to end October 1, 1996.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board reappointed Ms. Sue Wolf to the Lake County Citizen Representing the Elderly Consumer position on the Lake County Comprehensive Health Care Committee, for a three year term, beginning August 16, 1995.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/STATE AGENCIES/SUITS AFFECTING THE COUNTY

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from the Interim County Attorney, Mr. Rolon Reed, for approval to pay costs, in the case of the State of Florida v. Douglas Keith Watt, in the amount of $125.00.

Commr. Swartz was not present for the discussion or vote.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/STATE AGENCIES/SUITS AFFECTING THE COUNTY

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the Interim County Attorney, Mr. Rolon Reed, for approval to pay costs, in the case of the State of Florida v. Richard John Ackerman, in the amount of $1,528.90.

Commr. Swartz was not present for the discussion or vote.



REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/JAILS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 4-0 vote, the Board approved a request from the Interim County Attorney, Mr. Rolon Reed, for acceptance of the adjusted settlement proposal, from the Immigration and Naturalization Service, in the amount of $32,445.08.

Commr. Swartz was not present for the discussion or vote.

REPORTS

COUNTY MANAGER

APPOINTMENTS-RESIGNATIONS/COMMITTEES/STATE AGENCIES

Ms. Sue Whittle, Interim County Manager, explained this request.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Chuck Pula, Lake County Parks and Recreation Coordinator, as Representative, and Commr. Swartz, as Alternate, for the District Recreation Advisory Council of the St. Johns River Water Management District.

REPORTS

COMMISSIONERS' BUSINESS

MISCELLANEOUS/COUNTY EMPLOYEES

Commr. Cadwell, noted, for the record, that Mr. Gregg Stubbs, Director, Development Regulations, and Ms. Susan Strum, Planner III, Planning and Development, had passed their examinations and received their planning certificates, therefore, are now AICP Certified Planners.



REPORTS

COMMISSIONERS' BUSINESS

MISCELLANEOUS/MEETINGS

Commr. Swartz suggested that, for future Board Meetings, the Consent Agenda be handled immediately after the opening of the meeting and approval of the Minutes and that those items that are pulled, to be discussed separately, be handled as regular business. It was the consensus of the Board to do so.

REPORTS

COMMISSIONERS' BUSINESS

MEETINGS/MISCELLANEOUS

Commr. Gerber informed the Board, for informational purposes, that a group known as the Lake Apopka Working Group, a subcommittee of the Clean Lakes Coalition, had requested an audience with the Board, with regard to a request for funding to clean up Lake Apopka, and that she would be scheduling said meeting in the near future.

REPORTS

COMMISSIONERS' BUSINESS

COMMISSIONERS/ROAD VACATIONS

Commr. Gerber informed the Board, for informational purposes, that she had recused herself and filed a Conflict of Interest form at the Board Meeting of June 27, 1995, in the matter of Road Vacation Petition No. 782, by Carol and Raymond Jones, to vacate a road in the Groveland Farms Subdivision, due to the fact that her husband's business, White Aluminum Products, does business with the petitioner, Mr. Raymond Jones.

REPORTS

COMMISSIONERS' BUSINESS

MEETINGS/MUNICIPALITIES/STATE AGENCIES

Commr. Gerber brought to the attention of the Board the issue of the proposed agenda for a Special Board Meeting, to be held July 17, 1995, from 9:30 a.m. to 12:00 noon, with the cities and the Department of Community Affairs, with regard to Joint Planning Area initiatives, for the purpose of working toward coordinating and fostering solutions to the unique geographic and demographic planning challenges facing Lake County.

A brief discussion occurred regarding the matter.

It was determined that any suggestions would be submitted to Ms. Ava Kronz, BCC Office Manager, to be incorporated into the Agenda.

REPORTS

COMMISSIONERS' BUSINESS

PLANNING AND DEVELOPMENT

Commr. Gerber informed the Board, for informational purposes, that she had received a request from Ms. Paulette Alexander, Mayor, City of Mt. Dora, for the Board to write a Letter of Discomfort to the Orange County Board of County Commissioners stating that Lake County is not happy with the types of densities being proposed for the Orange County growth center, to be located on the southeastern boundary of Orange County.

It was the consensus of the Board to have a representative from Orange County give a presentation to the Board, as soon as possible, regarding the matter.

RECESS AND REASSEMBLY

At 12:10 a.m., the Chairman announced that the Board would recess for lunch and would reconvene at 1:30 p.m.

ADDENDUM NO. 1

UNFINISHED BUSINESS

COUNTY ATTORNEY

Commr. Swartz reviewed the following items, contained in a handout that he had prepared and distributed to the Board, with regard to a proposed contract between Lake County and Mr. David

Wagner, a candidate for County Attorney, after having had discussions with Mr. Wagner regarding same:

Cost of Living Adjustment

Deferred Compensation

Administrative Leave

Basic Benefit Package

County Vehicle

Expenses

Performance Evaluation

Moving Expenses

Termination

Term of Initial Contract and Options

Miscellaneous

Discussion occurred regarding same, as well as a chart attached to the handout, containing the following statement: In the event the County does not renew this contract on or before the renewal option date, employee shall be due at the time of expiration of the contract, a payment equal to three (3) months of employee's current annual base salary, less normally required deductions.

Commr. Swartz stated that one of the things that was very important to Mr. Wagner, more so in the early years and to a lesser extent in the later years, was a severance period that provided him with the security that he felt he needed and, on the other hand, insured, in his mind, that the Board was certain enough of his being the County Attorney candidate that they wanted that they would not hesitate entering into an agreement that provided same.

Commr. Swartz reviewed the chart, explaining how the severance period would work, stating that, from whatever date Mr. Wagner was hired until June 1, 1998, if Mr. Wagner were to be terminated, at any point in time, for other than cause, there would be a one year severance payment. During the period of time between June 1, 1998 until the renewal option of March 1, 1999, a nine month period of time, the existing Board, or a new Board that might be seated on December 1, 1998, could sever the contract, at any point during that time, and pay the severance that existed. He stated that the contract would automatically renew, for a period of two years, unless the Board affirmatively voted not to renew the contract.

Discussion occurred regarding the sick leave aspect of the contract, at which time several Commissioners noted that they were not comfortable with it, as it was written.

Commr. Swartz stated that Mr. Wagner has a wife and family (three children) and feels he needs the assurance that, should he have a sickness that would require it, he would have the sick time available to him.

Commr. Hanson stated that she felt the County should be consistent with what they had done in the past and this was not consistent.

Discussion occurred regarding the bottom line salary for Mr. Wagner, at which time it was noted that the total cost to the County, per year, should Mr. Wagner be hired, would be $96,720.00.

Commr. Hanson stated that she felt all the members of the Board were convinced that Mr. Wagner would an asset to the County and that she did not have a problem with the concept, but did have a problem with the one year severance pay, noting that the Board would be locking in future Boards and she felt it removed some of the accountability of the County Attorney to the Board. She stated that, as long as the County Attorney was doing a good job and responding to the direction of the majority of the Board and not aligning with any one Commissioner, or faction, and was rendering objective legal opinions, she did not see a problem. She stated that the problem comes, when a County Attorney goes beyond that.

Commr. Swartz stated that Mr. Wagner's concern was that he, as the County Attorney, could conduct himself in the highest professional standards and accomplish the work load given him, yet, if a future Board should decide, for whatever reason, they wanted another person, he needed the security to know that, should that happen, he would have the opportunity and time to relocate and find another job. He stated that, in discussing the position several times with Mr. Wagner, he feels that, if the Board were to make significant changes to what he brought them, this date, for consideration, they would be less likely to bring him to Lake County.

Commr. Cadwell stated that, whether it is perceived or not, the Board has created a certain atmosphere in Lake County, so they are going to have to look at some innovative contracts, therefore, suggested that the Board agree to a one year severance from this point in time until December, 1997, and then the County could revert to the six months severance, from that point on. He stated that he wants somebody in the County Attorney's position that is comfortable working in Lake County and understands that, if they do their job, they will still be here. He stated that he did not have a problem with the rest of the contract.

Commr. Swartz stated that the most important issue of the contract to Mr. Wagner is the issue of severance pay, as it is presented during the early years, and would encourage the Board, if they felt Mr. Wagner was the one for the job, to approve the proposal before them. He stated that, if the Board wanted to change something and have him take it back to Mr. Wagner, he would do it, however, would encourage the Board not to do so. He stated that he felt the entire Board would agree that it was important for them to get a permanent, full-time County Attorney, that they all had confidence and support in and that it was far more important than the few months of severance pay.

Commr. Gerber stated that, because she felt very strongly about Mr. Wagner, she was not having that much difficulty going with the proposal.

Commr. Good stated that the exceptional quality and impression he got from Mr. Wagner made this contract easier to swallow and that he felt Mr. Wagner was the right person to do the job and take the County back to a level of stability that the entire County would benefit from.

Commr. Swartz stated that the one year severance pay did not bother him, because, in talking with Mr. Wagner, he did not feel that it would happen.

Commr. Cadwell stated that he could not vote for the severance pay, even though he wanted Mr. Wagner to come to Lake County and wanted to give him a fair contract.

Commr. Hanson stated that she was not in support of the severance pay either, therefore, felt that the Board should not take action on the matter, this date. She stated that it could be brought back, for action, at the Special Board Meeting (Budget Workshop) scheduled for the next day (July 12, 1995). She noted that she had only received the terms of the contract, this date, and had not had enough time to review and consider them.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board postponed action regarding the contract for the prospective County Attorney, Mr. David Wagner, until the Special Board Meeting (Budget Workshop) scheduled for July 12, 1995, to be heard at 4:30 p.m., or soon thereafter.

RECESS AND REASSEMBLY

At 2:40 p.m., the Chairman announced that the Board would recess for 10 minutes.

TIMES CERTAIN

PRESENTATION BY FLORIDA DEPARTMENT OF TRANSPORTATION

CHANGES IN TOLL SYSTEM

ROADS-COUNTY AND STATE

A presentation was given by Mr. Steve Pastelnyk, with the Florida Department of Transportation, regarding Changes in the Toll System, at which time he distributed a handout regarding same. He noted, for informational purposes, that the Wildwood Toll Plaza was now closed and would be closed from this point on and that the Florida Department of Transportation was switching from a ticket to a coin system of collection, because coins are a more efficient way of collecting tolls, in an urban area.

No action was needed or taken.

TIMES CERTAIN

PRESENTATION BY AGRICULTURAL MUSEUM STUDY COMMITTEE

COMMITTEES

Mr. Joe Shipes, Chairman of the Lake County Agricultural Museum Study Committee, appeared before the Board stating that the Committee had been working diligently, since appointed, to come up with some sites to present to the Board, so that they could move forward in presenting a site to the State's Agricultural Museum Site Selection Committee. He discussed the pros and cons of various other sites that had been presented, for consideration, and stated that he felt Lake County would definitely be considered, if it could come up with a site that would be acceptable.

Mr. Shipes discussed two options that the Agricultural Museum Study Committee had come up with, being (1) utilizing the Tourist Development Council site and adjacent properties and (2) the possibility of Mr. Charles Bradshaw, a local landowner, donating between 200 and 350 acres of land for the Museum, if he could transfer the development rights to some other property that he owns in Lake County. He stated that the window of opportunity was rapidly closing, noting that the State was pushing for a September date, and he would like to receive direction, this date, so that the Committee would have time to put together a presentation, prior to that date, if the Board was interested in bringing the Ag Museum to Lake County. He stated that the angle the Committee would be going for would be location, location, location, noting that he felt the turnpike corridor would be of interest to them.

Considerable discussion occurred regarding the matter, at which time Commr. Swartz suggested using Tourist Development Council (TDC) monies to put together a land package, as is necessary, for the County to move forward. He stated that this was clearly a tourist related issue.

Commr. Hanson stated that to do so would deplete the Tourist Development Council of money that they have for promotional activities, which they are working on at the present time. She stated, however, if the County could get the 300 +/- acres on Hwy. 27 donated, they would still have money in the TDC to continue to use for promotions.

Commr. Cadwell stated that he would support whatever the Board decided to do, however, felt the trading of development rights would be the easiest way to go, because it did not involve money.

Mr. Dave Warren, Tourist Development Director, appeared before the Board stating that the TDC had discussed the matter and indicated they would support moving the State Agricultural Museum to Lake County and would support it with brochure material, noting that over 25,000 people go through the Lake County Welcome Center yearly that would be exposed to it, however, they did not go any further than that with the discussion.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson to negotiate a Transfer of Development Rights between the County and Mr. Charles Bradshaw, the owner of some property that the County is interested in, as a possible site for the State Agricultural Museum.

Under discussion, Commr. Swartz stated that, aside from some problems associated with said property, he felt it would make a conditional presentation and, secondly, said property is not contiguous to the county owned property, which he felt was a serious flaw.

Commr. Hanson stated that, if the Agricultural Museum were located on said property, the County could construct the Expo Center on the property, as well, rather than at another site that had been discussed.

Commr. Gerber stated that she would like to ride out and see the sites in question, before making a decision on them, however, would support the motion, as far as a Letter of Intent being sent to Mr. Bradshaw.

Mr. Mark Knight, Chief Planner, Planning and Development, reviewed a map, on display, and stated that the motion would require that the County prepare a Comprehensive Plan Amendment, through a public hearing process, for the transfer of suburban density to the South Lake area, adjacent to an existing urban expansion development.

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

Commrs. Swartz, Good, and Gerber voted "No".

Commr. Hanson stated that she felt the matter should go before the Tourist Development Council, before going to the Board.

A motion was made by Commr. Swartz and seconded by Commr. Good to authorize staff and Mr. Joe Shipes, a member of the Lake County Agricultural Museum Study Committee, to prepare the necessary parcels that they believe will make the best presentation, including those parcels that are adjacent to the county owned property, located at Hwys. 27/19 and the turnpike, as well as portions of the county owned Tourist Development Council property; to have the necessary parcels appraised; and to enter into discussions with the appropriate property owners, regarding their willingness to sell, with said information to be brought back to the Board, as soon as possible, for consideration.

Under discussion, Mr. Shipes stated that he would like to see the County enter into some type of option, noting that, if the County gets an appraisal and the property owners do not agree to that price, then the County does not have anything, they are back to square one.

Commr. Swartz stated that this would get them started, because the County has to get appraisals. He stated that Mr. Shipes and staff could work together to pick the parcels that are needed, the County could get appraisals started on it and begin negotiating with the land owners and, once that information is obtained, get an option on the land, based on those appraisals and that information.

Mr. Jim Stivender, Jr., Director, Public Services, questioned where the funding for the appraisals would come from.

Ms. Sue Whittle, Interim County Manager, interjected that it would come out of Contingency.

Discussion continued, at which time it was noted that this matter could be ready to bring back to the Board in approximately two weeks.

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

Commr. Cadwell voted "No".

The Board thanked Mr. Shipes and the Lake County Agricultural Museum Study Committee for their hard work.

Mr. Tim Hoban, Senior Assistant County Attorney, noted, for the record, that the County Attorney's Office would provide Mr. Shipes with a Memorandum of Law, on the legality of using TDC and infrastructure sales tax funds, to make sure that everything is up front.

Mr. Dave Warren, Tourist Development Director, stated that he was concerned about the fact that the Board had approved to do something involving the TDC, when the TDC had not been made aware of it.

Commr. Swartz encouraged Commr. Hanson, as the Liaison Commissioner to the TDC, to put on their next agenda, a request to expend funds for the purchase of properties for this project, for consideration.



ADDENDUM NO. 1

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

COURTS-JUDGES

Ms. Kelly Adams, Purchasing Manager, appeared before the Board and requested them to approve the award recommendation of Proposal No. P-6-5-06, Court Reporting Services. She stated that the Office of Purchasing had submitted proposals to fifteen (15) vendors and three (3) responded, being: Geraldine Kerr & Associates, Jasko Court Reporting, and Federal Associated Court Reporting Services. She stated that a Selection Committee, consisting of Judge Jerry T. Lockett, Circuit Judge; Judge Richard Boylston, Court Judge; Mr. Howard Babb, Public Defender; Mr. Reginald Black, State Attorney's Office; and Ms. Beth Lange, Chief Deputy Clerk, Court Management, met on July 5, 1995, and discussed and ranked the proposals that had been submitted, based on the selection criteria. She noted that the Committee had reviewed the proposals prior to the July 5, 1995 meeting. She stated that Geraldine Kerr & Associates was ranked No. 1 by all the Committee members and Jasko Court Reporting and Federal Associated Court Reporting were both tied as No. 2.

Ms. Adams stated that, since submitting this Board agenda item, her office received two letters of protest, one from Jasko Court Reporting Services and the other from Federal Associated Court Reporting. She noted that all three of the vendors were present at this meeting, as well as several members of the Selection Committee.

Commr. Cadwell questioned whether there were any problems, procedurally, with the bid process.

Mr. Bruce Duncan, Assistant County Attorney, stated that there was not.

Commr. Swartz questioned the basis of the protests.

Ms. Adams stated that she had not been able to obtain written confirmation, as to what the actual protests were about, however, had been informed, verbally, by Federal Associated Court Reporting Services. She stated that the basis of the protests was that they were questioning the ability of the Selection Committee to make the decision they made. She stated that, to her knowledge, there had not been a protest, with regard to the procedure used, only the final ranking of the Selection Committee.

A motion was made by Commr. Cadwell and seconded by Commr. Swartz to approve a request from Purchasing, for approval for the Chairman to sign the contract awarding Court Reporting Services Proposal No. P-6-5-06 to Geraldine Kerr & Associates, subject to review and approval by the County Attorney.

Under discussion, Commr. Swartz stated that it seemed to him the County's Rules and Procedures, under which this Request for Proposal was submitted, reviewed, ranked and recommended, by the Selection Committee, was done in accordance with all the County's Policies and Procedures and that the protest was over the Selection Committee's evaluation of what was presented and their recommendation. He questioned whether a contract had been drawn up.

Mr. Duncan, Assistant County Attorney, stated that the contract would be drafted and, once the final decision was made by the Board, the County would enter into negotiations with the vendor, with the specific understanding that the terms and conditions of the contract, as far as money, rental of office space, etc., had already been decided by the actual proposal specifications.

Commr. Swartz questioned whether the County anticipated that the adoption of the contract, with the provider that had been recommended, was going to allow the County to have the court reporting duties done within the budgetary constraints that the County had had in the past and expected in the near future.

Judge Jerry Lockett appeared before the Board stating that the Selection Committee had asked each vendor to line item bid this project. He stated that Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit and Budgets, went back over the figures for the past few years and constructed exactly what the County had been spending for said services. He stated that she came up with a figure of approximately $144,000.00, per year, as the figure that the County had been paying court reporters and that he did not see any fee adjustment that would require that figure to be any greater. He stated, however, that the amount of money spent depends on variables that no one can control.

Commr. Swartz questioned what process would be used, if someone appealed the Board's decision.

Mr. Duncan, Assistant County Attorney, stated that it was his understanding that, if the Board had a choice this date to accept the proposal, as is, or to ask the Selection Committee to rehash their decision, if they choose to accept the proposal, then the option would be with the protestor to file a suit against the County. He stated that there was no appeal process within the County.

Commr. Swartz questioned whether Judge Lockett, the individual who Chaired the Selection Committee, was satisfied with the process and whether he believed that the firm that was recommended by same was the one that the Board should approve.

Judge Lockett stated that he was satisfied with the process and that he felt the firm selected was the one that should be approved by the Board. He informed the Board, for the record, how the Selection Committee handled the process, noting that there was no discussion between the members, prior to the ranking of the firms, yet every one of the members ranked the firm of Geraldine Kerr & Associates first, by a significant number, over the next two firms, who were tied, therefore, he felt comfortable with the Committee's recommendation.

The Chairman called for a vote on the motion.

Ms. Evelyn Jasko, President, Jasko Court Reporting, requested permission to speak to the Board regarding this matter, noting that she had filed a formal protest, however, had not been given a chance to address the matter.

It was noted that this was not a public hearing and that the Board had a motion on the floor, for a vote.

Ms. Jasko stated that she had not been permitted to speak at the Selection Committee Meeting either.

Ms. Adams stated that she did not usually have any outside firms at the Selection Committee Meetings. She stated that they are open to the public and the vendors are welcome to come, if they so choose; however, it is not a time to deal with presentations by the vendors submitting proposals. She stated that the Committee chose not to do interviews, based on the information that was received through the proposals.

Mr. Duncan, Assistant County Attorney, noted that it was made clear to all the bidders, at the Selection Committee Meeting, that it was not guaranteed that they would be given an opportunity to speak, that it would be up to the Committee to decide whether or not to have presentations from each of the bidders.

The Chairman again called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

ADDENDUM NO. 1

UNFINISHED BUSINESS

COUNTY MANAGER/CONTRACTS, LEASES AND AGREEMENTS

Commr. Gerber questioned where the County was in the process of negotiating for a County Manager.

It was noted that Mr. David Donaldson, with the firm of David M. Griffith & Associates, the firm handling the negotiations for a County Manager for the County, was to try to get in contact with Mr. Gary Smoak, a candidate that was ill at the time that the interviews for County Manager were conducted, to see whether he would still be interested in the position.

Commr. Swartz stated that he had spoken with Mr. Donaldson regarding whether Mr. Smoak still had an interest in Lake County and was informed that he did not know, however, suggested that the Board call and find out. He stated that he placed a call to Mr. Smoak, however, discovered that he was on vacation, so he left a message that he had called and that is where it was left.

It was noted that the Board would be interested in interviewing Mr. Smoak, if he were still interested in the position, and that the Chairman would try to get in touch with him, regarding same.

ADDENDUM NO. 1

UNFINISHED BUSINESS

COUNTY ATTORNEY (CONT'D.)

Commr. Swartz informed the Board that he had spoken with Mr. David Wagner, the number one choice of the Board for the County Attorney position, and informed him that the Board had discussed his position, however, had some reservations about certain requests that he had made, therefore, it was the Board's decision to postpone action regarding his position at this time. He stated that Mr. Wagner informed him that he felt the Board needed to come up with an agreement that it felt comfortable with and submit it to him, so that he could determine whether it would be an agreement that he and his family felt comfortable with, as well. He stated that he relayed to Mr. Wagner the fact that the Board felt very strongly in support of him, however, there was some concern, with regard to the severance pay issue.

Commr. Swartz noted, for the record, that he felt this was the guy the County needed, even if the Board had to go a little further than what they felt they wanted to, because he had discussed with Mr. Wagner the issue of the 30 day sick leave and he stated that, if the Board wanted to give him a 30 day advance on the sick leave, that it was not nearly as important as the severance pay issue.

No action was taken at this time.

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



_______________________________

RHONDA H. GERBER, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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