A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 9, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, July 9, 1996, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman (Commr. Good was not present due to illness); Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

It was noted that there were no revisions to the agenda.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the following requests:

Accounts Allowed/Budget Transfers



Request for approval of Budget Transfers and Resolution from the Office of County Finance, as follows:



Budget Transfers:



1. Fund: Landfill Enterprise

Department: Solid Waste Management

From: Contingency $400

To: Utility Services $400

Transfer #: 96-225



Justification: The City of Tavares will be providing water service to Solid Waste Management Services. City ordinance requires a $400 deposit.



2. Fund: General Fund

Department: Constitutional Officer/Sheriff

From: Contingency - Sheriff $20,000

To: Transfer - Law Operating $10,000

Transfer - Law Capital $10,000

Transfer #: 96-226



Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $20,000 be transferred from Sheriff Contingency to Law Operating and Capital.



B. Resolution:



1. Fund: General

Department: Fire and Emergency Services

Revenue: Emergency Management Assistance $553

Expenditure: Office Supplies $553

Amendment #: 96-227



Justification: Resolution No. 1996-100 to receive unanticipated funds due to a modification to the State and Local Assistance Agreement for 1996 from the Department of Community Affairs.



Bonds-Contractor



Request for approval of Contractor Bonds, New, as follows:



New



4949-96 David W. Littiken

5336-96 Louis & Larry Culbreth dba Culbreth & Son Roofing

5463-96 Mike Douglas Roofing, Inc.

5464-96 Crystal Clear Pool Care, Inc.

5465-96 Prestige Electric Signs

5466-96 Richard N. Ream (Electrical)



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgments, as follows:



Jerry Gills, in the amount of $250.00, Case No. 91-921-CF.

Jimmy W. Glenn, in the amount of $250.00, Case No. 9201049CFA01DS



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 Board Support Division of the Clerk's Office.



Accounts Allowed/Reports



Request to acknowledge receipt of monthly distribution of Revenue Traffic/Criminal Cases, Month ending May 31, 1996. Disbursements made to Board: $133,428.23. Same period last year: $146,527.15.



Reports



Request to acknowledge receipt of Greater Orlando Area Legal Services, Inc. Audited Financial Statements for the years of 1992, 1993, and 1994.

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



COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, requested that Tab 22, approval to encumber and expend funds, in the amount of $49,648.00, from the Transportation Trust Fund, to prepare for an extension of Royal Trails Boulevard (#4-7997) to Maggie Jones Road (#4-8190), be pulled for discussion.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the following requests, with the exception of Tab 22:

Accounts Allowed/Health Department

Request for approval for the Lake County Public Health Unit to purchase three new vehicles: two (2) 1996 Toyota pickups (4X2) listing at $12,452.99 each, and one (1) 1996 Ford Taurus GL listing at $17,232.00. The total cost from state funds for all three vehicles combined is $42,137.98.



Reports



Request to acknowledge receipt of the Lake County Public Health Unit Activities and Expenditures Report for the period ending March 31, 1996.



Accounts Allowed/Ambulances-Hospital Districts



Request for approval of payment of monthly Medicaid Hospital bill, in the amount of $39,936.29; and the Medicaid Nursing Home bill, in the amount of $34,808.56, for the month of April 1996.



Appointments-Resignations/Committees



Request for approval of appointment of Dr. Stacy John Berckes, M.D., acting president of the Lake County Medical Society, to replace Dr. Kenneth Stark, M.D., on the Comprehensive Health Care Committee.



Human Resources/County Employees



Request for approval to transfer the position of Environmental Specialist I from the Department of Planning & Development Services, Environmental Management Division, Pollution Operations, to the Department of Planning and Development Services, Director's Office, Code Compliance Services.



Human Resources



Request for approval of Certificates for employees with one and three years of service.



Grants/State Agencies



Request for approval of the 1996/97 Trip/Equipment Grant Application for the Non-Sponsored; authorization for the Chairman to execute the Trip/Equipment Grant Application and submit said application to the Florida Commission for the Transportation Disadvantaged (CTD).



Accounts Allowed/Subdivisions



Request for authorization to release a Letter of Credit, in the amount of $16,500.00, for performance to construct common driveways for Lake Yale Cove Subdivision; and acceptance of Letter of Credit, in the amount of $13,200.00, for performance to construct common driveways for Lake Yale Cove Phase I Subdivision.



Accounts Allowed/Bonds

Request for authorization to release a Maintenance Bond, in the amount of $20,000.00, for Hills of Mount Dora Subdivision.



Accounts Allowed/Subdivisions



Request for authorization to release a credit union share certificate from F.P.E. Federal Credit Union, in the amount of $2,500.00, for Marvin's Place (#2-1616).



Accounts Allowed/Subdivisions



Request for authorization to release a Letter of Credit for maintenance, in the amount of $5,220.00, for Banana Point II Subdivision.



Resolutions/Roads-County & State/Municipalities



Request for approval of Resolution No. 1996-101 to amend Resolution No. 1996-78 that transferred Getford Road (#4-5970) to the City of Eustis.



Municipalities/Rights-of-Way, Roads & Easements/Road Closings



Request for approval to advertise Road Vacation Petition No. 821 by MacKay Fisher Partners to vacate easement, Section 1 and 2, Township 18, Range 24, Lady Lake area - Commissioner District 5.



Municipalities/Rights-of-Way, Roads & Easements/Road Closings



Request for approval to advertise Road Vacation Petition No. 825 by Mary Smith to vacate right-of-way, Mt. Plymouth, Section 32, Township 19, Range 28, Mt. Plymouth area - Commissioner District 4.



Municipalities/Rights-of-Way, Roads & Easements/Road Closings



Request for approval to advertise Road Vacation Petition No. 826 by Jim Stivender, Jr., Lake County Public Services, to vacate drainage easement, Mt. Plymouth, Section A, Section 32, Township 19, Range 28, Mt. Plymouth area - Commissioner District 4.



Deeds



Request for acceptance of the following Deeds:



Statutory Warranty Deeds



Frank Perry Taylor, Remainder & Mary Ruth Taylor, as to a Life Estate

Poe Street (#5-5834)



Mary Ruth Taylor

Poe Street (#5-5834)



Doris Daugharty

Brantly Branch Road



Non-Exclusive Easement Deeds



John W. and Helen R. Leonard

Beach Street (#5-8070) &

Tarpon Avenue (#5-8070A)



John L. and Connie L. Eisentrout

Palmetto Road (#4-9787M),

Coon Road (#4-9787L), and

Deer Road (#4-9787K)



Accounts Allowed/Contracts, Leases & Agreements/Resolutions

Roads-County & State



Request for authorization to execute a Developer's Agreement between Lake County and Titan U.S. 27, Inc. for maintenance of improvements; acceptance of a Letter of Credit for maintenance, in the amount of $6,993.72, for Westchester PUD Phase 2; execution of Resolution No. 1996-102 accepting Dorchester Boulevard "Extension" (#2-0159C), Shoal Court (#2-0159D), Westminster Trail "Part" (#2-0159F), and Buxley Court (#2-0159G); and release of Letter of Credit for performance in the amount of $16,300.00.



Contracts, Leases & Agreements/Roads-County & State

Road Projects



Request for approval and execution of an agreement between Florida Power Corporation and Lake County for the acquisition of right-of-way for the construction of Merry Road, North Extension, between U.S. Highway 441 and Mount Homer Road (#3-4956), Section 22, Township 19 South, Range 26 East.



Road Projects/Roads-County & State



Request for approval to execute Change Order No. 1 to Old Highway 441 Widening and Resurfacing Project No. 5-94, Bid No. B-6-6-02, for ditch block spillway with curb, sodding, additional curb and gutter, and removal and disposal of curb and gutter, in the amount of $3,468.00, from the Road Impact Fee Benefit District 2 Fund - Commissioner Districts 3 and 4.



Resolutions/Roads-County & State/Signs



Request for approval of a Resolution No. 1996-103 authorizing the posting of speed limits on the following roads: Washington Street (#2-1643); Turkey Farms Road (#2-1750), paved portion from SR 50 for 430 feet; Grassy Lake Road (#2-1846) from Washington Street for 2,597 feet; Rainbow Lane (#2-1846A); Grand Highway (#2-1445); Mohawk Road (#2-1548); North Grassy Lake Road (#2-1944); and Grassy Lake Road (#2-1846) after 2,597 feet the remaining portion to its end.



Accounts Allowed/Bids



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:



A) Authorization to Seek Bids, Proposals and Professional Services.



DIVISION AMOUNT



SOLID WASTE $225,000.00



Authorization to seek bids, award to the low most responsible bidder and expend funds for a materials processing grinder to enhance recycling and disposal operations for Solid Waste Management. This grinder should improve the efficiency and

cost effectiveness of managing certain types of waste such as yard waste, tires, mattresses, box springs, sofa sleepers, reclining chairs, etc.



The use of the material grinder should accomplish the following:



1. Process more undesirable material delivered to the landfill for volume reduction.

2. Allow mobility to the citizen drop-off centers for processing of yard waste at the sites.

3. Emergency use for clean up during storm events.



Funding for this is from:



420.4568200.537.8600640 $17,000.00

420.4569200.534.8600640 $73,183.00

420.4569100.537.8600640 $134,817.00



SOLID WASTE $154,126.00

Estimated



Authorization to seek proposals for laboratory services for waste quality, groundwater and leachate monitoring. It is also requested that, if the award is to the most responsive, responsible respondent, the Chairman is authorized to sign the contract pending the County Attorney's approval and encumber within budgeted funds. Funding for this will be from Accounts #420.4569100.534.8300310.



RISK MANAGEMENT $960,000.00

Estimated



Authorization to seek proposals for group medical and dental insurance. An appointed committee will recommend their analysis and recommendations to the Board in September 1996. Funding for this will be from Account # 530.0712450.519.8300456.



Accounts Allowed/Solid Waste



Request for authorization to credit franchised haulers for additional expenses, in the total dollar amount of $41,722.22, incurred during the clean-up of storm-related debris resulting from Hurricane Erin.



Accounts Allowed/Assessments



Request for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for the following road assessments; subject to final review and approval by the County Attorney:



Astor Forest Campsites, Block 7, Lot 35



Linda Jones (Estate) $1,558.96



Ocala Forest Campsites No. 4, Block C, Lots 14 and 15



Charles Robert Lewis $983.10

David A. & Jeanette S. Spaulding $746.84



Lake Eustis Village Subdivision



Genevieve Best (Life Estate) $492.72



ADDENDUM NO. 1



Contracts, Leases & Agreements/Subdivisions



Request for acceptance and execution of a Developer's Agreement between Lake County and The Greater Construction Corporation for the issuance of 27 building permits in Greater Hills Phase 7 prior to the acceptance and recordation of the Final Plat. Greater Hills Phase 7 consists of 95 lots in Section 22, Township 22S, Range 26E - Commissioner District 2.



Contracts, Leases & Agreements/Subdivisions



Request for acceptance and execution of a Developer's Agreement between Lake County and The Greater Construction Corporation for the issuance of 14 building permits for models in Greater Pines Phase 3 prior to the acceptance and recordation of the Final Plat. Greater Pines Phase 3 consists of 102 lots in Section 28 and 33, Township 22S, Range 26E - Commissioner District 2.



ADDENDUM NO. 2



Contracts, Leases & Agreements/County Property



Request for approval and execution of Contract for Sale and Purchase, and Addendum to Contract for Sale and Purchase between Lake County and Robert A. Mantovani for property in Lake County Central Park Phase I.



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



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN



PERSONAL APPEARANCES



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

Employee Awards

Presentation of Plaques to Employees with Ten Years of Service:



Linda R. Green, Executive Secretary, County Manager Office



Randy A. Powers, Equipment Operator III, Public Services/Road Division Maintenance Area III (Umatilla)



Presentation of Plaque to Employee with Fifteen Years of Service:



Jim Stivender, Jr., Senior Public Services Director, Public Services, Special Services Division/Director's Office/Support Services



Presentation of Plaques to Retiring County Employees:



Frances Colborne, Secretary II, Community Services, Human Services Division, Housing Services - Seven Years, Nine Months.



Jean A. Dempsey, Secretary III, Agricultural Education Service, Cooperative Extension Service - Ten Years, One Month. (Not Present)



William Shumaker, Area Maintenance Supervisor, Public Services, Roads Division, Maintenance Area I (Leesburg) - Seventeen Years, Ten Months.



Frank D. Woodson, Building Maintenance Supervisor, Facilities & Capital Improvements, Facilities Management Section, Building Maintenance Services - Twenty-eight Years.



Presentation of PRIDE Certificates:



Community Services



Carolyn Szucs (Not Present)

Helen Thibodeau

Sue Nies

Kirsten Mabry

Don Priem

Wendy Breeden

Gail Guerry



County Attorney



Quinnette Durkin



Facilities and Capital Improvements



Tom Elmore (Not Present)

David Walker



Fire and Emergency



Dottie Jackson

Susan Larson

Joanne Singleton

Charles Blinco

Mary Seiter

Debbie Chadwick

Growth Management



Jay Dagner

Tommy Leathers (Not Present)

Vicki Runninger

Jack Bragg

Charlotte Geraghty



Personnel



Gwen Benton



Public Services



Don Griffey

Ricky Miller (Not Present)

Clarence Archie



Risk Management



Kay Padgett





Solid Waste



Kathy Hartenstein

Archie Lambert

Scott Harper



ORDINANCES/PLANNING

Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance amending Chapter 6 of the Lake County Code and Relating to Building and Construction, on the floor for its final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR AMENDMENTS TO CHAPTER 6 OF THE LAKE COUNTY CODE, BUILDINGS AND CONSTRUCTION, IN ORDER TO PROVIDE FOR CONSISTENCY WITH SECTION 489, FLORIDA STATUTES, IN THE ENFORCEMENT AND DISCIPLINARY PROCEDURES OF LICENSED AND UNLICENSED CONTRACTORS, BY ADDRESSING AUTHORITY TO FINE LICENSED AND UNLICENSED CONTRACTORS BY THE LAKE COUNTY BOARD OF BUILDING EXAMINERS; ADDING SECTION 6-51, PROCEDURES; ADDING SECTION 6-52, DISCIPLINARY ACTIONS; ADDING SECTION 6-101, RECIPROCITY; ADDING SECTION 6-102, CONTINUING EDUCATION; CREATING ARTICLE V, ENFORCEMENT OF BUILDING CODES, BY ADDING SECTION 6-105, PERMITS; ADDING SECTION 6-106, CERTIFICATE OF OCCUPANCY; ADDING SECTION 6-107, NOTICE OF UNSAFE STRUCTURES; CREATING ARTICLE VI, DEFINITIONS, BY ADDING SECTION 6-108, DEFINITIONS, WHICH ADDS TO AND AMENDS THE DEFINITIONS TO BE CONSISTENT WITH SECTION 489, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Jack Bragg, Building Official, appeared before the Board and explained that this Ordinance provides the Lake County Board of Building Examiners more latitude in the enforcement and discipline of licensed and unlicensed contractors, outlines violations, and provides for fines. He stated that the Lake County Board of Building Examiners have endorsed the Ordinance before the Board as written.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Ms. Jean Kaminski, Executive Director, Home Builders Association, appeared before the Board to express the Home Builders Association support of the Ordinance as it was written.

Mr. Minkoff noted a substantive change to language regarding specialty contracting services, on Page 35, Paragraph (d) of the Ordinance, and explained that any person who was not required to

obtain registration or certification may perform specialty contracting services for construction, remodeling, repair, or improvement of single-family residences, multi-family residences, or commercial developments without obtaining a local professional license if such person is under the supervision of a certified or registered general, building or residential contract. He explained that the specialty contracting services that can be performed under this section were Aluminum Specialty, Carpentry, Concrete and Masonry, Marine Construction, Mobile Home, Sign Electrical, and Solar Energy. He stated that the Cities of Mount Dora, Eustis, and Leesburg have evidences their intent to have the Building Department perform the licensing investigations within their city limits, and to have the Lake County Board of Examiners handle those cases. He stated that staff was presently in discussions with other cities in an effort to take the Ordinance countywide and provide for one countywide licensing enforcement group.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved Ordinance No. 1996-47, an Ordinance amending Chapter 6 of the Lake County Code and Relating to Building and Construction, as read on its final reading, by title only.

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

TIMES CERTAIN

REPORTS/PUBLIC SERVICES

Mr. Jim Stivender, Jr., Senior Director, Public Services, appeared before the Board to present the Fiscal Year 1995/96 Third Quarterly Report on Stormwater Management.

Ms. Lora Bailey, Engineer III, Public Services, and Mr. Donald Griffey, Engineering Director, Public Services, appeared before the Board to discuss the Stormwater Management Third Quarter Fiscal Year 1995/96, dated June 30, 1996. Ms. Bailey noted that the report had been revised to indicate a change in the number of flood determinations and that the word "legally" had been deleted from the section titled Lake County Maintenance. At this time, Ms. Bailey discussed the following information and highlighted key items that she felt were of interest to the Board:

ACCOMPLISHMENTS DURING 3RD QUARTER FY 1995/96:

Flood Determinations

FEMA Coordination



Flood Maps

Projects/Basin Studies



Study of the Hicks Ditch Watershed

Aerial Topographic Mapping

Dora Basin Stormwater Master Plan

S.R. 19 Stormwater Management Feasibility Study

Second Phase completion of remedial road maintenance work in the Pine Harbor subdivision.

Installation of check valves on three drains in the Astor area.

Sumter/Lake County Advisory Group Final Report

Other



Lake Enhancement



Short Term Goals - 4th Quarter Fiscal Year 1995/96



Stormwater Maintenance

Community Awareness

The Hicks Ditch Study

S.R. 19 Study

Aerial Topographic Mapping

Dora Basin

Stormwater Utility



Long Term Goals



Basin Studies

Improved coordination with Lake County Cities in Floodplain Management Strategies

Implementation of Stormwater Management Plans, including basin capital improvements



Lake County Maintenance



Mission Statement

Mr. Griffey briefly discussed the Sumter/Lake County Advisory Group final report and stated that the Southwest Florida Water Management District took the lead on this project, and that the report resulted in eleven (11) recommendations on how to proceed.

It was noted that no action was required in regard to the Stormwater Management Third Quarter Fiscal Year 1995/96 Report.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience. It was noted that no one present wished to address the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ORDINANCES/ZONING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present the request for approval to correct a scriveners error in Ordinance No. 1996-10, Page 3, Paragraph C. "Setbacks", Pine Lakes Retreat Center (Florida Conference Association of 7th Day Adventists) and explained that the proposed change had been approved by the Board; however, the change had not been incorporated into the Ordinance prior to recording. Ms. Farrell directed the Board's attention to Page 15 of the Minutes, dated January 23, 1996; at which time discussion occurred in regard to the interpretation of the proposed language.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved to correct a scriveners error in Ordinance No. 1996-10, Page 3, Paragraph C. "Setbacks", Pine Lakes Retreat Center (Florida Conference Association of 7th Day Adventists), as follows: The applicant shall be required to maintain a setback of 100 feet except on the western boundary where staff would have the ability to reduce the setback depending on the use and other conditions.

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

PURCHASING

Ms. Sue Whittle, County Manager, presented the request for authorization to open a "County Store" and explained there would be no cost to the County, and that a "County Store" would allow the employees to purchase clothing items, tote bags, hats, etc. with County logos at wholesale prices.

Commr. Cadwell suggested that the "County Store" be opened to the public; at which time, Ms. Whittle stated that consideration would be given to opening the store to the public.

Commr. Swartz suggested that staff consider the possibility of Lee Adult High School or Vo-Tech Center preparing the logos before making a determination to go to an outside vendor.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved authorization to open a "County Store" for Lake County Employees for the purchase of clothing items, tote bags, hats, etc. with County logos at wholesale prices.

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

REPORTS/SOLID WASTE

Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board to present the report and findings of the third-sampling period Environmental Monitoring Program in the vicinity of the Waste-To-Energy Facility, and to request direction from the Board on future sampling programs. He stated that the Lake County Environmental Management Division staff assumed responsibility for the third sampling period and has prepared said report.

Mr. David Crowe, Senior Contracts Administrator, Solid Waste Management Services, appeared before the Board to discuss the Environmental Monitoring Program in and around the vicinity of the Waste-To-Energy Facility and provided a brief history of the program. He explained that, based upon the results of the first and second sampling studies, heavy metals, arsenic, cadmium, lead, and mercury were sampled in the selected indicator species, largemouth bass, and spanish moss. He stated that staff collected the spanish moss samples with the assistance of personnel from the Florida Game and Fresh Water Fish Commission, and prepared the largemouth bass for analysis by the County's contract analytical laboratory. He further stated that statistical analysis of the data for each contaminant was performed and showed the presence of lead and mercury below the natural concentration ranges for both animal and plant tissue established by Agency for Toxic Substances and Disease Registry studies, and the Florida Game and Fresh Water Fish Commission, and that the report found no evidence that the Waste-To-Energy Facility was contributing to any of the variations noted, but that the differences were likely due to natural variations. At this time, he stated that it was the recommendation of staff to modify the Environmental Monitoring Program to increase the time interval between sampling periods to every three to five years for the operating life of the facility, and to consider stocking sample ponds with tagged fish for future sampling.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved to continue the Environmental Monitoring Program in the vicinity of the Waste-To-Energy Facility; to modify the time interval between sampling periods; and to move forward with the program to stock sample ponds with the largemouth bass for future sampling and bring the cost back to the Board for review.

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

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred in regard to the appointments of members to the new Solid Waste Study Committee; at which time, a letter from Mr. Joe Woodnick, Interim Chairman, Solid Waste Study Committee, dated July 8, 1996, was distributed to the Board.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved appointments to the Solid Waste Study Committee, with terms to expire on June 30, 1997, as follows:



District 1

Rachel Smith

District 3

Joseph E. Woodnick

District 4

Donna Burrell

District 5

Tom Rosser

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved appointments to the Solid Waste Study Committee, with terms to expire June 30, 1997, as follows:

At Large Representatives

John E. Burris

Herbert S. Harrison, III

Commr. Good was not present for the discussions or votes.



APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointments of Susan Weinstock and Lou Tally to the Lake County Cultural Affairs Council.

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

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Cadwell requested that the appointment of an individual to fill the position of Agriculture Representative on the Lake County Environmental Protection Board be postponed.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY/STATE AGENCIES

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved to pay costs in the case of the State of Florida v. Matthew Shrader in the amount of $1,063.60.



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

COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/ROAD PROJECTS

Mr. Jim Stivender, Jr., Senior Director, Public Services, appeared before the Board to present the request for approval to encumber and expend funds, in the amount of $489,648.00, from the Transportation Trust Fund to prepare for an extension of Royal Trails Boulevard to Maggie Jones Road. He stated that the Florida Department of Transportation has received the County's permit and concur that this was a beneficial project. He stated that the project was to remove clay and limerock off of roads that were built during the filming of "Rosewood", and to place the material in preparation of an extension of Royal Trails Boulevard to connect to Maggie Jones Road.

Mr. Sandy Minkoff, County Attorney, explained that, as part of the Florida Department of Environmental Protection permit application, Lake County was required to provide a mitigation site for the wetlands destruction that occurred when the road was originally built. He stated that the County has obtained approval from the Lake County Water Authority to use a site owned by the Water Authority with the condition that the Board obtain the Water Authority's approval prior to paving the road. He noted that the Water Authority was not interested in paving the road because it was a major wild life corridor. He stated that the Water Authority has provided the County a conservation easement that will be given to the Department of Environmental Protection for the mitigation site.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved to encumber and expend funds, in the amount of $49,648.00, from the Transportation Trust Fund to prepare for an extension of Royal Trails Boulevard (#4-7997) to Maggie Jones Road (#4--8190) - Commissioner District 4; and to enter into an agreement with the Lake County Water Authority to use a Water Authority site for mitigation and indicate that Lake County would obtain permission from the Water Authority prior to paving the road.

ADDENDUM NO. 1 (CONTINUED)

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

AMBULANCES-HOSPITAL DISTRICTS

Ms. Sue Whittle, County Manager, stated that Lake County currently has a contract for the provision of ambulance services pursuant to an agreement, dated September 19, 1995, between Lake County, Florida Hospital Waterman, and Florida Regional Emergency Services, Inc. She requested direction from the Board regarding Florida Regional Emergency Services, Inc. pursuing a joint venture with American Medical Response, Inc. whereby Florida Regional Emergency Services, Inc. business, including assets and certain liabilities, would be transferred to a partnership and named Regional Emergency Services, Ltd. She explained that, after the completion of the proposed transaction, Florida Regional Emergency Services would own a majority interest and would be in charge of the day-to-day operations of the Partnership. She further explained that, pursuant to Section 17 of the Agreement, Florida Regional Emergency Services was required to obtain the approval of Lake County prior to the assignment of the Agreement by Florida Regional Emergency Services to the Partnership. She stated that the County has requested language in the Consent Agreement assuring local operation and local management stability, and a plan to reduce or eliminate the tax subsidy over a period of time.

Mr. Bill Compton, Florida Regional Emergency Services, Inc., appeared before the Board to address questions and concerns in regard to the joint venture with American Medical Response, Inc. He noted that the joint venture would be effective on June 28, 1996, and explained that Florida Regional Emergency Services, Inc. would transfer its management service business to a Partnership and assign its rights and obligations under the Ambulance Services Agreement between Lake County, Florida Hospital Waterman, Inc. and Florida Regional to the Partnership. He stated that the Partnership would be the Contract Manager under the Agreement, with Florida Hospital Waterman remaining the service provider as set forth in the Agreement. He stated that the proposed joint venture would not affect any current employees, and the citizens of Lake County would not see any decrease in the quality of service. He noted that the employee base on the corporate management side would increase by approximately 120 new jobs to Lake County over the next two years. He briefly discussed the tax subsidy issue and stated that there was a $300,000.00 operating subsidy that exists, at this time, and the majority of said subsidy goes toward indigent care. He discussed the current rates for ambulance service and explained that the base fee for ambulance service was $262.00, and that the average bill to the customer in Lake County was approximately $350.00 after miscellaneous charges have been applied. He stated that the joint venture with American Medical Response, Inc. was a plan to take Florida Regional's business into the year 2000 and past to allow for growth and expansion of their system into other areas and other states. He noted that security to the County has been provided in the Agreement.

Commr. Swartz stated that he would like language in the contract that would provide assurances that Lake County would have the ability to exercise an earlier option out of the contract if changes occur in the management structure or day-to-day operations of the Partnership in a way that was unsatisfactory to the County. He stated that he would also like language, in Paragraph 2. Consents, that would provide the County the ability to look at the issue of subsidy versus rate structure and provide the County the opportunity to open discussions and make changes at times other than at budget review.

Mr. Compton stated that the Management Company, at this time, was asking for a consent to assignment for the management issue of the system and that there would be no advantage for Florida Hospital Waterman to open up the contract. He noted that the present contract was through the year 2000. He stated that there would be no problem changing language in Paragraph 2. (c) to indicate that the replacement or removal of the Principals as the party in charge of the day-to-day operations of the Partnership with respect to the Partnership's services pursuant to the Agreement shall be subject to the consent of Lake County, and deleting language that states "which consent shall not be unreasonably withheld".

It was the consensus of the Board to direct the County Attorney and County Manager to bring back language on July 11, 1996 addressing the subsidy rate issue that provides the County a period of time to accelerate an end to the Contract between Lake County, Florida Hospital Waterman, Inc. and Florida Regional Emergency Services, Inc.

RECESS & REASSEMBLY

At 11:50 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.

CLOSED SESSION OF THE BOARD OF COUNTY COMMISSIONERS

COUNTY ATTORNEY/COMMISSIONERS

At 1:30 p.m., Commr. Cadwell announced that the Board would go into a closed session. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Rhonda H. Gerber. Commr. Good was not present due to illness. Others present were as follows: Sanford M. Minkoff, County Attorney, and Sue Whittle, County Manager.

Mr. Sandy Minkoff, County Attorney, indicated that a court reporter was present recording the session, and that the sound system and video system would be shut off at this time.

At 1:50 p.m., the Chairman reopened the July 9, 1996 Board of County Commissioners Regular Meeting and announced that the closed session was now terminated.

REPORTS

COMMISSIONER GOOD - DISTRICT NO. 1

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 1996-104 naming August 1 - 7, 1996 as Lake County Breastfeeding Week.

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

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, informed the Board that a Special Masters hearing has been scheduled on July 10, 1996 in regard to Donald and Carlos Watson. He requested that a Board member be available for consultation in the event of a possible settlement during the mediation. It was noted that the Chairman, Commr. Cadwell, would be available for consultation in regard to a possible settlement.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:10 a.m.



___________________________________

WELTON G. CADWELL, CHAIRMAN



______________________________

JAMES C. WATKINS, CLERK



MSF\BOARDMIN\7-9-96\7-12-96