A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 15, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, October 15, 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; G. Richard Swartz, Jr.; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Office Manager, Board of County Commissioners; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

INTRODUCTION OF VISITOR

Commr. Cadwell introduced Mr. Ron Phillips, Lake Leadership Class, who was present doing an internship with the Board.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that they had before them three (3) Addendums to the Agenda, all of which had been distributed to them prior to this meeting. She stated that she would like to pull Tabs 5 and 10 of the County Manager's Consent Agenda, for discussion, and noted that Tab 31, under the County Manager's Departmental Business, had been advertised as a public hearing, therefore, needed to be moved under the Public Hearing section of the Agenda.

Commr. Cadwell stated that, under his business, he needed to add the appointment of someone to the Canvassing Board, to take his place for the November 5, 1996 election.

MINUTES

Regarding the Minutes of September 17, 1996, the following was requested:

On Page 23, Line 26, clarify in better terms how the $50,000.00 alluded to would be funded.

On Page 29, Line 11, change Gerber to Swartz.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 17, 1996 (Regular Meeting), as corrected.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 17, 1996 (Special Meeting), as presented.

CLERK OF COURTS' CONSENT AGENDA

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

Accounts Allowed

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.



Bonds - Contractor



Request to approve Contractor Bonds, Cancellation and New, as follows:



Cancellation



355-97 Wendell Gaertner (Building Contractor)

Bond Number: S-19 15 92



New



112-97 Gunter Wittig d/b/a Wittig Enterprises (Electrical)

355-98 Sendell Gaertner (Building Contractor)

624-97 Ron Kruger and Robbie Taylor d/b/a Kruger-Taylor Construction Company

649-97 State Electric

801-97 James L. Stinson d/b/a Stinson Electric Inc.

1453-97 John E. Slater d/b/a John Slater Custom Homes (Building)

1500-97 United Pool & Spa

1507-97 G. Donald Watson (Building)

1674-97 Robert C. Kohn d/b/a Kohn Construction and Electric, Inc.

1691-97 Russell's Electrical Service

1796-97 Richard A. Olin d/b/a Old Time Masonry

1817-97 Ronald E. Latow (Plumbing)

1876-97 Robert J. Hamilton (Plumbing)

3062-97 Mike Smith d/b/a Mike Smith Electric

4020-97 Raymond A. Jucha d/b/a Electrical Works

4055-97 Richard L. Hill d/b/a Hill's Quality Plumbing, Inc.

4121-97 Thomas A. Orie, Sr., d/b/a Superior Aluminum

Installations, Inc.

4303-97 James Hyde d/b/a J & H Electric Company

4348-97 Rawls Air

4358-97 Ashley Stone d/b/a A & E Plumbing, Inc.

4374-97 Kurt D. Hoag d/b/a Kurt's Sales & Service (Heating and Air Conditioning)

4449-97 James L. Cox (Residential)

4686-97 Greater Construction Corporation (Building)

4702-97 David McLeod d/b/a McLeod Electric

4753-97 L. Norman Adams Home Builders, Inc. (General)

4818-97 Gaines Gray d/b/a Gray Refrigeration

4837-97 Richard Dean Weber (Builder)

4906-97 Robert L. Rowland d/b/a Rowland Electric Co.

4938-97 Theodore A. Mapes, Jr. (Roofing)

4962-97 John P. Ryan

5066-97 Charles M. Newcomb (Heating & Air Conditioning)

5124-97 Pete Ciraco (Registered Builder)

5173-97 Robert C. Robey (Masonry Contractor)

5222-97 Tri-County Electric of Central Florida, Inc.

5253-97 Ron Troutman (General)

5368-97 Johnny Spencer d/b/a Spencer Roofing

5370-97 Kenneth Roy Croft d/b/a Croft Electric

5438-97 Lewis Electrical Constructors, Inc.

5487-97 Mike Vathroder (Aluminum Contractor)

5488-97 Donald T. Smith (Aluminum)



Accounts Allowed/Courts-Judges



Request to approve a Satisfaction of Judgment for State of Florida vs. Brenda Gail Balser, in the amount of $250.00, and authorized proper signatures on same. This Final Judgment was entered on the 16th day of September, 1983, and recorded in OR Book 787, Page 1739, in the Public Records of Lake County, Florida.



Ambulances-Hospital Districts/Reports



Request to acknowledge receipt of Florida Hospital/Waterman, Inc., North Lake County Ambulance Operations Financial Report and South Lake County Ambulance Operations Financial Report, for the year ended December 31, 1995.



Meetings/Municipalities



Request to acknowledge receipt of Public Meeting Schedule and District Map from the Country Club of Mount Dora Community Development District, noticing that they will hold their meetings for Fiscal Year 1996 at 9:30 a.m., at the Country Club of Mount Dora Clubhouse Dining Room, 1900 Country Club Boulevard, Mount Dora, Florida, on the following dates: September 19, 1996; November 14, 1996; January 9, 1997; March 13, 1997; May 8, 1997; July 10, 1997; and September 11, 1997.



Meetings/Municipalities



Request to acknowledge receipt of Public Meeting Schedule and District Map from the Village Center Community Development District, noticing that they will hold their meetings for Fiscal Year 1997 at the Lady Lake Community Building, 237 W. Guava Street, Lady Lake, Florida, at 9:00 a.m., on the last Friday of each month as follows: October 25, 1996; November 5, 1996; November 19, 1996; December 27, 1996; January 31, 1997; February 28, 1997; March 28, 1997; April 25, 1997; May 30, 1997; June 27, 1997; July 25, 1997;

August 29, 1997; and September 26, 1997.



Meetings/Municipalities



Request to acknowledge receipt of Public Meeting Schedule and District Map from the Deer Island Community Development District, noticing that they will hold their meetings for Fiscal Year 1997 at 10:00 a.m., at the Clubhouse, 17450 Deer Island Road, Deer Island, Florida, on the following dates: November 5, 1996 - Landowners Meeting; December 31, 1996; February 25, 1997; May 27, 1997; and July 22, 1997.



Outdoor Recreation/State Agencies



Request to acknowledge receipt of the National Recreational Trails Funding Program for Fiscal Year 1996-97, Application Submission Period Grant Amount, and Program Funding Information from the Department of Environmental Protection.



Municipalities/Ordinances



Request to acknowledge receipt of the following Ordinances from the Town of Lady Lake:



Ordinance No. 96-02, from the Town of Lady Lake, voluntarily annexing 4.5 acres of vacant land on Griffin Avenue and Second Street, in Conant Subdivision, into the corporate limits of the Town of Lady Lake, Florida, which was passed, ordained, and approved by the Town Commission of the Town of Lady Lake, Florida, on May 6, 1996.



Ordinance No. 96-04, from the Town of Lady Lake, voluntarily annexing 36.55 acres, located on C-25, approximately .5 mile north of Griffin Avenue, into the corporate limits of the Town of Lady Lake, Florida, which was passed, ordained, and approved by the Town Commission of the Town of Lady Lake, Florida, on June 3, 1996.

Ordinance No. 96-05, from the Town of Lady Lake, voluntarily annexing 1.785 acres of vacant land, lying south of Griffin Avenue and north of U.S. Hwy. 27/441 (415 U.S. Hwy. 441), into the corporate limits of the Town of Lady Lake, Florida, which was passed, ordained, and approved by the Town Commission of the Town of Lady Lake, Florida, on July 15, 1996.

Ordinance No. 96-06, from the Town of Lady Lake, redefining the boundaries of the voting awards of the Town of Lady Lake, Florida, which was passed, ordained, and approved by the Town Commission of the Town of Lady Lake, Florida, on July 1, 1996.

Ordinance No. 96-10, from the Town of Lady Lake, amending Ordinance No. 92-06, by amending the boundaries of the Village Center Community Development District, by deleting certain lands in Lady Lake, Florida; and providing for repeal of Ordinances in conflict herewith, which was passed, ordained, and approved by the Town Commission of the Town of Lady Lake, Florida, on August 19, 1996.

Municipalities/Ordinances



Request to acknowledge receipt of the following Ordinances from the City of Minneola:



Ordinance No. 96-15, from the City of Minneola, amending the boundaries of the City of Minneola, by including within the City limits approximately 34 acres of property generally located northwest of Mohawk Road, north of Old Highway 50, and west of Turkey Farm Road; providing for a Comprehensive Plan Land Use Designation of Residential, Single Family Medium Density; and rezoning the property from County Agricultural to R-1 (Residential District), which was adopted by the City Council of the City of Minneola, Florida, on August 27, 1996.

Ordinance No. 96-16, from the City of Minneola, amending the boundaries of the City of Minneola, by including within the City limits approximately 2.7 acres of property generally located northeast of Lakeshore Drive and north of Summerwood Drive, approximately 1/2 mile from County Road 561-A; providing for a Comprehensive Plan Land Use Designation of Residential, Single Family Medium Density; and rezoning the property from County Agricultural to R-1 (Residential District), which was adopted by the City Council of the City of Minneola, Florida, on August 27, 1996.

COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, informed the Board that she needed to add additional language to Tab 13, being "To execute a Developer's Agreement, for Performance and Improvements, between Lake County and Pringle Development; and accept an attorney's trust fund check, in the amount of $2,000.00, for tree planting requirements."

Commr. Gerber requested that Tab 3 be pulled from the County Manager's Consent Agenda, for discussion.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to pull Tabs 3, 5, and 10 (Tabs 5 and 10 noted earlier) from the County Manager's Consent Agenda, for discussion; approved the additional language added to Tab 13; approved pulling Tab 31, for the Public Hearing; and approved the following requests:

Community Services/Volunteers



Request from Community Services for approval for the Chairman to execute a Memorandum of Understanding between the Retired and Senior Volunteer Program (RSVP) and the Lake County Board of County Commissioners, and designation of the Lake Volunteer Coordinator as the County's liaison with RSVP.



Accounts Allowed/Public Health



Request from Community Services for approval of the payment of the monthly Medicaid Hospital bill, in the amount of $37,519.64, and the Medicaid Nursing Home bill, in the amount of $38,150.97, for the month of August, 1996.



Contracts, Leases and Agreements/Grants/Community Services



Request from Community Services for approval and execution of the contract between Lake County and the Christian Social Services, for annual grant funding, for Fiscal Year 1996-97.





Community Services/Reports



Request from Community Services to acknowledge receipt of the CPHU Activities and Expenditures Report, for the period ending June 30, 1996.



Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval and execution of Change Orders to Metric's GMP contract and Odell's contract, for work on the facilities renovation project, in the lump sum of $266,220.00.



Accounts Allowed/Fire and Emergency Services



Request from Fire and Emergency Services for approval of an established account for the payment of known recurring annual Fire/Rescue telephone bills, at a fiscal impact of $33,000.00.



Accounts Allowed/Fire and Emergency Services



Request from Fire and Emergency Services for approval of an established account for the payment of known recurring annual Fire/Rescue utility bills, at a fiscal impact of $45,035.00.



Accounts Allowed/Bonds/Contracts, Leases and Agreements

Public Services/Municipalities



Request from Public Services for approval to release a Performance Bond, in the amount of $840,000.00, for Royal Highlands, Phase I; execute a Developer's Agreement, for Performance and Improvements, between Lake County and Pringle Development; and to accept an attorney's trust fund check, in the amount of $2,000.00, for tree planting requirements.



Accounts Allowed/Bonds/Public Services/Resolutions

Roads-County and State



Request from Public Services for acceptance of a Maintenance Bond, in the amount of $7,829.00; and approval of a Resolution accepting Coralwood Lane (2-1926) into the County Road Maintenance System.



Accounts Allowed/Public Services/Road Projects



Request from Public Services for approval to award West Main Street Road Improvement Project No. 14-95, Bid No. B-6-6-29, to Superior Asphalt Company; and approval to encumber and expend funds, in the amount of $149,035.24, from the Road Impact Fee Trust Fund - Benefit District 2, Commissioner District 3.



Accounts Allowed/Public Services/Road Projects



Request from Public Services for approval to award Calvin Lee Road (2-0609) and Pine Island Road (CR-565B) Resurfacing Project No. 9-96, Bid No. B-6-6-31, to Orlando Paving Company; and approval to encumber and expend funds, in the amount of $166,926.44, from the Transportation Trust Fund - Commissioner District 2.



Public Services/Resolutions/Roads-County and State



Request from Public Services for approval and execution of a Resolution accepting a 2,145 foot extension of Okaloosa Trail

(4-4198A) into the County Road Maintenance System.



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



Request from Public Services for acceptance of the following deeds:



Statutory Warranty



Maristela Ferrari

Fishermans Road (4-8589)



W. T. Cox, Jr.

C-455



Charles N. Inman and Virginia H. Inman

Crooked Lake Drive (4-5069)



Manuel M. Pereira

East Dewey Robbins (2/3-2729)



Non-Exclusive Easement



Robert Arthur Peppers, Jr. and Mary Lee Peppers

Dove Valley Lane (5-7010)



Florida Power Corporation

Emeralda Avenue (5-6335) and C-44

(2-19-25)



Quit Claim



John M. Wallis, III and Jacqueline C. Wallis

Lakeshore Drive (3-3128)



John M. Wallis, III and Jacqueline C. Wallis

Lakeshore Drive (3-3128)



Right-of-Way



Elizabeth Ann Schott

Earl Wayne Durden and Vonda E. Durden

Helen E. Hadel

William M. Smith and Linda L. Smith

Marlene A. Hansen



(These deeds are part of an ongoing special assessment project for Hilltop Subdivision No. 3 - all are for Luana Drive.)



Public Services/Resolutions/Roads-County and State



Request from Public Services for approval of a Resolution authorizing the posting of speed limits on the following roads: Appaloosa Trail (4-4987 - county maintained portion); Little Hampton Court (4-5189A); Arundel Way (4-5189); and Rolling Oak Road (4-5087).



Mosquito-Aquatic Plant Management/Public Services



Request from Public Services for approval of an established account for the payment of known recurring annual Mosquito/Aquatic Plant Management bills.



Assessments/Public Services



Request from Public Services for approval to waive remaining interest and filing fees for Special Assessment No. 791036, John James.



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 contracts, G.S.A. cooperative bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:



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



DIVISION AMOUNT

SOLID WASTE $25,000.00



Authorization to reject Request for Professional Services, No. RPS-6-6-10, Ground Water Modeling, as the proposals submitted could not be comparably evaluated for price. Request permission to reissue revised proposals, under Florida Statute 287.055.



The primary scope of this project is to provide for the construction of a calibrated numerical groundwater flow and solute transport model of the Astatula Landfill facility, for the purpose of determining the direction and rate of transport of several contaminant plumes.

Funding for this project will be from Account No. 421.4546550.537.8300340.



Approve a Selection and Negotiation Committee consisting of:



Selection Committee



Donald Post, Solid Waste

Walter Wood, Environmental Management

Allan Hewitt, Environmental Management



Negotiation Committee



Sue B. Whittle, County Manager, or designee

Donald Post, Solid Waste

Sanford A. Minkoff, County Attorney, or designee

Walter Wood, Environmental Management

Allan Hewitt, Environmental Management

DIVISION AMOUNT

FIRE & EMERGENCY $35,000.00



Authorization to reject Proposal No. P-3-6-12, Annual Physicals, due to a lack of responsive proposals. Purchasing will reissue a revised proposal, whose purpose is to retain a physician to provide physicals and ancillary medical testing for Fire & Emergency Services, Solid Waste, and the Office of Human Resources. Funding will come from budgeted funds from the named departments.



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



DIVISION AMOUNT

TAX COLLECTOR $26,274.84



Leesburg Market Place/Authorization to encumber budgeted funds for the lease of office space, for the Leesburg Tag Office, for FY 1996/97. The five year lease agreement was BCC approved on September 21, 1993. Funding for this lease will be from Account No. 001.7072100.513.8300440.



DIVISION AMOUNT

TAX COLLECTOR $30,820.80



Tavares Associates/Authorization to encumber budgeted funds for the lease of office space for the Tavares Tag Office, for FY 1996/97. The three year lease agreement was BCC approved on December 6, 1994. Funding for this lease will be from Account No. 001.7072100.513.8300440.



DIVISION AMOUNT



COMMUNITY SERVICES $ 7,500.00



Lake Community Action Agency/Request to extend contract through September 30, 1997 and encumber funds for financial resources to Lake County residents who are in need of assistance with past due rental and utility bills, as well as other programs and services that provide for the health, safety, and welfare of clients who comply with the eligibility guidelines. Funding for this service is from Account No. 001.2031130.000.8300838.



Accounts Allowed/Contracts, Leases and Agreements

Solid Waste



Request from Solid Waste for approval and authorization for the Chairman to execute contract Change Order No. 2 - Final, for the Intermediate Storage and Transfer Facility contract with Hunter-Nelson, Inc., to decrease the total contract to $822,637.00.



Assessments/Solid Waste



Request from Solid Waste for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens for 11 road assessments, as follows:



NUMBER NAME DATE PAID



661001 Lawrence Crews 08/15/96

661198 Raymond P. & Caryl C. Hottinger 08/06/96

661437 Donald W. & Ellen C. Murray 08/27/96

661463 Linda Gibbons 08/01/96

665038 Charles W. Jr. & Connie Peterson 08/15/96

665038 David L. Wood 08/15/96

678008 Thomas A. Jr. & Paula Lovelace 08/19/96

679107 Carl W. Queck 08/19/96

680006 John A. Mitchell 08/21/96

682022 Jerry L. Sr. & Connie Sanford 08/28/96

683033 Brent C. & Kathern S. Miller 08/09/96



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

EDUCATION/RESOLUTIONS

Ms. Brandi Hunt, a senior at South Lake High School, in Clermont, was presented with a Resolution congratulating her on her many achievements in water skiing competitions. It was noted that she is currently ranked as the number one water skier in the world.

RESOLUTIONS/MISCELLANEOUS

The presentation of Resolutions to Tony Joseph, Stewart Joseph, Aaron Holtz, Bill Baysinger, and Joey Principe of Boy Scout Troup 86, from the Church of Jesus Christ of Latter-Day Saints, in Clermont, was postponed until a later date.

ADDENDUM NO. 2

TIMES CERTAIN

RESOLUTIONS/PUBLIC HEALTH

Ms. Chris Daley, with the American Cancer Society, was presented with a Resolution proclaiming October, 1996 as Breast Cancer Awareness Month in Lake County.

RESOLUTIONS/PUBLIC HEALTH

Commr. Hanson read into the Minutes a Resolution proclaiming October, 1996 as Domestic Violence Awareness Month in Lake County and noted that it would be delivered to Haven of Lake and Sumter Counties, Inc.

RESOLUTIONS/COMMUNITY SERVICES

Ms. Woodley Trussell and Ms. Constance Petrowicz, members of the Lake County Cultural Affairs Council, were presented with a Resolution proclaiming October, 1996 as National Arts and Humanities Month in Lake County.

COUNTY MANAGER'S CONSENT AGENDA

COMMUNITY SERVICES/RESOLUTIONS/MISCELLANEOUS

Mr. Dick Clark and Mr. Richard Billings, representing United Way of Lake and Sumter Counties, were presented with a Proclamation proclaiming October 1-31, 1996 as United Way Month in Lake County.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PUBLIC HEARINGS

ORDINANCES/TAX COLLECTOR/TOURIST DEVELOPMENT

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTION 13-46, LAKE COUNTY CODE, PROVIDING FOR THE LAKE COUNTY TAX COLLECTOR TO BEGIN COLLECTION AND ENFORCEMENT OF THE TOURIST DEVELOPMENT TAX ON NOVEMBER 1, 1996; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Minkoff stated that, in January of this year, the Board set in motion the process of switching collection of the tourist development tax from the Department of Revenue to the Lake County Tax Collector's Office. He stated that this Ordinance will affix the date of November 1, 1996 as the date that the Tax Collector will actually begin collecting the tax in Lake County.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

Commr. Hanson thanked Mr. T. Keith Hall, Lake County Tax Collector, for working with the Tourist Development Council to accomplish this feat, noting that she feels it will be a plus for Lake County and should allow the County to collect additional taxes and have more control over the funds that the County collects.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1996-80, providing for the Tax Collector to begin collection of the Tourist Development Tax, as read on its second and final reading, by title only.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PUBLIC HEARING

GRANTS/GROWTH MANAGEMENT/MUNICIPALITIES/STATE AGENCIES

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and explained this request, stating that, based on the current Department of Community Affairs' Rules, the changes before the Board this date must be approved as a public hearing item. She stated that the dollar totals have not changed, some figures just had to be amended. She stated that the request is for approval to go forward with that amendment, so that the County can start closing out the grant.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of an amendment to Community Development Block Grant (CDBG) No. 94DB-19-06-45-01-N17; and authorized the Chairman to execute the requested documents.

COUNTY MANAGER'S CONSENT AGENDA

CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES

OUTDOOR RECREATION/FACILITIES AND CAPITAL IMPROVEMENTS

Mr. Jim Myers, Chairman of the Lake County Parks and Recreation Advisory Board, appeared before the Board stating that this request is for approval and execution of seven (7) of the twelve recommended parks and recreation grant projects for

FY 1996-97. He thanked the Board for their continued support of the program and requested approval of the seven contracts.

Commr. Cadwell thanked Mr. Myers for his leadership and insight on that Board, noting that he has served as its Chairman ever since it was created.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval and execution of Interlocal Agreements between Lake County and the City of Leesburg, Lake Aquatics Swim Club, City of Fruitland Park, Town of Lady Lake, City of Mascotte, Town of Howey-in-the-Hills, and the City of Tavares, recipients of the Parks and Recreation Capital Improvement Program for FY 1996-97 that was approved by the Board of County Commissioners on May 7, 1996.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

TIMES CERTAIN

COMMUNITY SERVICES/MISCELLANEOUS

Mr. Kevin Lee, representing the Lake County Children's Home Society, appeared before the Board and presented a video titled "Baby Dangerfield". He stated that the "Safety Snapshots" video (originally scheduled to be presented) was so enthusiastically received that the only copy they have was out on loan.

Commr. Swartz interjected that the "Baby Dangerfield" video was shown at the last Citizens' Commission for Children meeting and he felt that it would be good for the Board to view it, as well as have it be part of this day's broadcast, for viewing on the Lake Sumter Community College channel.

Ms. Hillary Knepper, Coordinator, Citizens' Commission for Children, appeared before the Board stating that anyone interested in acquiring the videos, for presentation purposes, could contact her, or Mr. Lee, at the Lake County Children's Home Society.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

TIMES CERTAIN

COMMUNITY SERVICES/COMMITTEES/PUBLIC HEALTH

Mr. Tom Wetherington, Chairman, Lake County Comprehensive Health Care Committee, appeared before the Board and presented the Committee's Annual Report. He stated that the Committee was established in June of 1995, with its primary mission to provide recommendations to the Board regarding health care needs and services in the County, on an ongoing basis, and to educate the general public on health issues that impact the community, by way of public symposiums and other communication vehicles. He thanked the Board for amending the Resolution that the Committee operates under, to allow for seventeen (17) members. He stated that the increase will give the Committee a more broad based representation from various health care sectors of the community and will better serve the Board and the community. He noted that the amendment increases the membership from nine (9) to seventeen (17) members.

Mr. Wetherington also thanked the Board for assigning Commr. Hanson as the Liaison Commissioner to the Lake County Comprehensive Health Care Committee, noting that her knowledge and understanding of the general issues facing the County and her ability to bring forth rational solutions to problems is a great asset to the Committee members and to the community. He thanked the Board for assigning what he called three outstanding County employees to assist the Committee in carrying forward its assignment, as well, being Mr. Fletcher Smith, Senior Director, Community Services;

Ms. Allison Thall, Human Services Manager, Community Services; and Ms. Helen Thibodeau, Secretary to the Senior Director of Community Services, Mr. Smith.

Mr. Wetherington noted that the Committee is in the process of planning a public symposium on HMOs (Health Management Organizations) and other managed care organizations. He stated that the symposium is to be held, tentatively, in December of this year. On behalf of the Committee, he thanked the Board for the opportunity to serve the County and stated that they hope to continue to pursue the mission goals that were established by the Board, in a fashion that will be beneficial to both the community and the Board.

Commr. Cadwell thanked Mr. Wetherington for the job that he and the Committee were doing.

Doctor Tully Patrowicz, a member of the Lake County Comprehensive Health Care Committee, appeared before the Board stating that he was very pleased to be a part of the Committee. He stated that he also represented the North Lake County Hospital Taxing District Board, however, was not present this date on their behalf. He stated that one of the outgrowths of the Lake County Comprehensive Health Care Committee, the North Lake County Hospital Taxing District Board, the Board of County Commissioners, the Lake County Health Department, and the County's four hospitals was the establishment of a program known as We Care of Lake County, Inc. He stated that his purpose this date was to provide the Board with a progress report for the We Care Program.

Doctor Patrowicz stated that Walt Disney World presented an award to We Care of Lake County, Inc., during a presentation ceremony held at Walt Disney World last week. He stated that the program also received a financial stipend of $3,000.00, which proves how important the program is, not only to Lake County but to citizens across the country, because it reflects, in the true sense, what volunteerism can do, which he noted is what this program is all about. He stated that a very nice article was written by Ms. Leslie Clark about the We Care Program in The Lake Sentinel several weeks ago.

Doctor Patrowicz stated that the number of Lake County physicians participating in the We Care Program, at the present time, is 193. He stated that the program has also instituted a dental program and that they are recruiting dentists. He stated that 25 dentists have signed up for the program, so far, and he feels that more will sign up in the near future. He stated that the number of physician appointments that have been completed in the program, since its inception approximately one and a half years ago, is 602 Lake County citizens. He stated that the number of people that have been screened, to date, is 658. He stated that the dollar amount of contributed services back to the Lake County community, for the past year and a half, is $921,678.00, of which approximately $565,000.00 has come from the County's hospitals and $360,000.00 from the County's physicians. He noted that the dental program has just been started; therefore, he did not have enough figures to present, but feels that it also will be quite significant.

Doctor Patrowicz stated that the figures he gave do not reflect many of the activities that come under ancillary services and that many doctor visits go unreported, therefore, feels the program has contributed back to the Lake County community in excess of $1 million. He thanked everyone involved in the We Care Program, noting that it is a community-wide effort. He stated that the Board is the leader in the program, noting that they gave the signal to the community, and commended them for doing so.

Doctor Patrowicz stated that Doctor John Pellosie, Jr., Director of the Lake County Health Department, deserves a hugh amount of credit for the contributions that he has made, in connection with the We Care Program. He stated that the hospitals in the County, the Lifestream Behavioral Center, and the County's Hospice Program are all involved and have made contributions to the program, as well. He thanked all the physicians who have participated in this program.

The Board thanked Doctor Patrowicz for his participation in the We Care Program, noting that he was the catalyst behind the program.

COUNTY EMPLOYEES/HUMAN RESOURCES

Ms. Sue Whittle, County Manager, introduced to the Board and those present the new Personnel Manager for Lake County, Ms. Lourdes Ramos. She noted that Ms. Ramos started working with the County on Monday, October 14, 1996.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Kaye Daugherty, the sister of Mr. Harold "Butch" Daugherty, who was killed in March of this year by the Lake County SWAT team, appeared before the Board and addressed a concern she had about the way that her brother was killed and requested the Board to put into effect a Citizens' Review Board that would impartially look into such matters.

Mr. Alvin Jackson, Deputy County Manager, appeared before the Board stating that he was informed by the County Attorney, Mr. Sandy Minkoff, that such matters are usually handled under a charter form of government, therefore, recommended that Ms. Daugherty's recommendation be given to the Charter Development Committee, for consideration.

Commr. Good stated that a Grand Jury is available to look into issues where there may be criminal activity, or abuse of power, in such situations.

Ms. Daugherty stated that a Grand Jury is held in a closed session and she felt that such matters should be brought to light.

Commr. Cadwell stated that, under the County's present system, there was nothing that the Board could do; however, they could have the Charter Development Committee look into the matter.

Ms. Daugherty stated that she had contacted the Sheriff and was informed that he felt his office would be investigating their own actions and that it was something he would not want to do.

Commr. Swartz suggested that Ms. Daugherty be informed as to when the matter would be presented to the Charter Development Committee, so that she could be present, to present information to them. He stated that Ms. Daugherty was asking that an independent review board be established and that he felt it was one direction to look at.

Commr. Hanson stated that she felt the County needed something along that line, with or without the Charter.

Commr. Cadwell stated that the Board does not know the procedure that is used in such matters, with regard to the Florida Bureau of Law Enforcement, therefore, would like to research it, to see exactly how such things are handled, before suggesting an alternative to how it is presently handled.

No action was taken at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER

COUNTY EMPLOYEES/RESOLUTIONS

Ms. Sue Whittle, County Manager, explained this request, stating that the County's Personnel Manual was adopted in 1984 and had not been rewritten since that time. She stated that the County needed a complete rewrite of its policies and practices and that Mr. Alvin Jackson, Deputy County Manager, and Mr. Sandy Minkoff, County Attorney, had spent a great deal of time, over the last few months, rewriting same. She stated that the draft had been out for review for almost two months and that some extensive revisions had been made to it, based upon comments and input from the County's employees. She stated that Mr. Jackson would explain the major differences between the manual before the Board this date and the old manual.

Mr. Alvin Jackson, Deputy County Manager, appeared before the Board stating that the development of the Personnel Manual was a team approach between the County Manager's Office, the County Attorney's Office, senior staff, Office Directors, the Employee Advisory Committee, the County's Labor Attorney, the Finance Department, and many hours of discussion in staff meetings and county quarterly meetings. He stated that they endeavored to compose an employee manual that was user friendly and feel that they have produced a product that is more definitive than the previous manual, stating clearly and concisely the County's position, including current work place concerns that were not covered previously.

Mr. Jackson stated that the purpose of the policies is to foster and promote a positive employment environment of mutual benefit and protection for employees and Lake County, which encourages employees and public confidence in the administration of personnel management. He stated that the system also provides a means for equitable recruitment, selection, development, retention and retirement of employees in positions within the County system. He stated that they attempted to create a sensitive working environment, whereby each employee knows what is expected and what can be expected, if the rules are violated. He stated that these policies are intended to cover most personnel actions and employee conduct, however, those not specifically covered will be interpreted by the County Manager and all interpretations shall be in keeping with the intent and purposes of the Lake County Policies and Practices Employee Manual.

Mr. Jackson briefly discussed the following issues: Section 4, Page 7 - Workplace Violence (a new policy); Section 6, Page 12 -Communicable Diseases; and Section 8, Page 15 - Employee Status.

Commr. Swartz stated that the Employee Status section puts Management Employees in a different status, one that provides them with less of the protections that the County provides regular employees.

Ms. Sue Whittle, County Manager, interjected that the management team of any large organization serves at the pleasure of the employing agency.

Mr. Jackson, Deputy County Manager, stated that the Sick Leave Bank Program is new and provides participating employees with additional leave credits, in case of catastrophic illnesses and/or accidents.

Ms. Whittle stated that the Sick Leave Bank Program was specifically requested by two separate groups of the Employee Advisory Committee, noting that the members of said committee change about every six months. She stated that the County currently allows donation of sick leave, however, it is not in a bank sort of situation. She stated that, what is required at the present time is a request to other employees to donate time into that specific employee's sick leave account. She stated that this program will allow a bank and it will make it available to any employee who has a major problem.

Mr. Sandy Minkoff, County Attorney, interjected that, if an employee does not participate in the system, he/she will not be eligible to draw sick leave out of it.

It was noted that it is countywide and not limited to department by department.

Mr. Jackson briefly discussed the Grievance Procedure, noting that it provides a system to hear grievances concerning terms and conditions of employment. He stated that the procedure has been significantly streamlined to a two-step, one page process, being a conference with the immediate supervisor and department, or division director, and then an appeal to the County Manager. He stated that, in the case of grievances resulting from terminations, suspensions, or demotions, the County Manager shall refer the grievances to a grievance committee to consider the amount and make recommendations. He stated that, should a Grievance Committee be convened, it shall be composed of not less than three employees, to hear informal testimony. He stated that the Committee shall be composed of randomly chosen employees who are not from the Grievance Department. He stated that the Personnel Manager shall make arrangements for the Committee to meet and shall act as a non-voting chairperson. He stated that the Committee shall make a decision by majority vote and a written statement of decision and recommendation shall be issued to the County Manager.

Ms. Whittle stated that staff was trying to streamline the process, noting that, when there is a grievance, or an employee has a problem, it needs to be handled as soon as possible. She stated that she did not understand the old grievance process - that it did not make sense to her. She stated that this process is designed to be very simple, very easy to read, and very easy to deal with, in settling any problem, or misunderstanding, that may come up.

Mr. Jackson then discussed the section pertaining to Annual Leave and briefly touched on the issue of Educational Assistance, noting that the language pertaining to same is new.

Mr. Minkoff, County Attorney, stated that no change was made to the nepotism section of the policies and procedures, in answer to a question regarding same, from the Board. He then discussed Section 1, Code of Ethics, stating that he wanted to make the Board aware of the current policies, as well as inform them of an issue that is going to occur on January 1, 1997. He stated that staff attempted to state the provisions of Florida Statute 112.313 very simply, as they apply to all Lake County employees. He stated that there are two areas where the County has adopted policies that are more stringent than what are in the Statutes, the first being the issue of gifts. He stated that the current Lake County policy prohibits employees from soliciting or accepting any gifts, whatsoever, from anybody who is either doing business with or is regulated by Lake County. He stated that said requirement is not in the Statutes. He stated that the second issue is that of serving on boards, committees, or commissions (not-for-profit). He stated that county employees cannot serve on any boards, committees, or commissions which are doing business with or are regulated by Lake County, unless they have approval of the County Manager, or have been appointed by the Board.

Mr. Minkoff further discussed the issue of accepting gifts, noting that, effective January 1, 1997, the Florida Legislature has changed the definition of what a gift is. He stated that, at the present time, a gift does not include food or beverage that is given at a single sitting; however, after January 1, 1997, it will.

He stated that the Resolution before the Board this date not only adopts the policies, but repeals four current policies that are in the Personnel Manual, which were not contained in the old Personnel Manual.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager for approval and execution of the Resolution adopting the Lake County Policies and Practices Employee Manual.

RECESS AND REASSEMBLY

At 10:55 a.m., the Chairman announced that the Board would recess for ten minutes.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER

COUNTY EMPLOYEES/RESOLUTIONS (CONT'D.)

Mr. Sandy Minkoff, County Attorney, informed the Board that, during the break, one of the Commissioners had a question about the Personnel Manual and he wanted to make sure that the Board understood that the rules they adopted, with regard to the Personnel Manual, apply only to county employees, that it does not apply to the Board.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

TIMES CERTAIN

GROWTH MANAGEMENT/REPORTS/WATER QUALITY SERVICES

Doctor Robert Taylor, Director of the Lake County Water Authority and Chairman of the Environmental Education Task Force, appeared before the Board stating that the Environmental Education Task Force was charged fourteen or fifteen months ago with doing two things, being (1) to review and evaluate current environmental education programs and activities, and (2) to make written recommendations to the Board and other agencies on proposed changes and methods of funding education programs. He stated that the Task Force met and came up with what they feel is a report that addresses those two things.

Doctor Taylor stated that the Task Force was pleased to discover that a wealth of valuable environmental education programs already exist in the school system and that they repeatedly emphasize in their recommendations various steps that can be taken to take advantage of same, rather than trying to reinvent the wheel. He stated that they tried to come up with things that were practical and implementable and recommendations that they felt were appropriate, reasonable, and attainable.

Doctor Taylor reviewed a map (on display and contained in the Board's backup material) that indicated the County's public schools and various sites that the Task Force would lend themselves to, toward environmental education, which he noted could be modified, as needed. He stated that this report needs to be kept up-to-date, therefore, the Board will need to create a process to implement the recommendations of the report and part of that is to make a decision about where to go from here - what type of committee, task force, or group is going to take the ball and run with it, to see that some of the recommendations, once they are prioritized, are acted upon.

Considerable discussion occurred regarding various aspects of the report, at which time Dr. Taylor answered questions regarding same.

Commr. Swartz stated that he was not clear about what the County was going to do, with regard to the Five Year Comprehensive Plan Evaluation and Appraisal Plan, therefore, requested staff to give the Board an update, regarding same, as soon as possible.

Ms. Farrell, Senior Director, Growth Management, stated that staff had just finished the draft management plan for that process and that a quick overview would be presented to Senior Staff on Wednesday, October 16, 1996. She stated that it would then be presented to the Board.

Ms. Sue Whittle, County Manager, interjected that it would be brought forward as a workshop meeting in November of this year.

Commr. Hanson stated that she felt the report from the Environmental Education Task Force was a very good report - that it was very focused and, obviously, a lot of work had gone into it, however, noted a concern she had about the issues of solid waste reduction and recycling, which she elaborated on.

Doctor Taylor stated that the main effort in trying to move this kind of program forward is the development of a consensus by all those involved that it is an important concept and there are a lot of angles to it, which need to be taken into account, as the County moves ahead. He stated that the County needs to make sure that everybody who is a player, in a particular field, feels like they are a part of this process moving forward and recognizing that the County does not need 50 committees doing different things.

Commr. Good stated that he appreciated the work that is being done and the kind of thinking that is happening today, noting that it is very different from previous discussions he has heard during Commission meetings.

Commr. Hanson stated that the report indicates initiating an Adopt-a-Road Program and pointed out the fact that the County already has such a program. She noted, however, that the report left out the Adopt-a-Lake Program and Adopt-a-Shore Program.

Commr. Swartz stated that he found it encouraging to see that the County is starting to develop some consensus, both in the community and on the Board, regarding this issue. He then responded to a concern that Commr. Hanson had, with regard to the issues of commercial solid waste disposal and recycling.

Doctor Taylor thanked the Board for allowing the Environmental Education Task Force to do its work.

Commr. Gerber introduced those members of the Environmental Education Task Force that were present in the audience.

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

COMMUNITY SERVICES/CONTRACTS, LEASES AND AGREEMENTS/GRANTS

LIBRARIES

Commr. Good stated that the County is beginning to step forward into the 21st Century with the County's Library System, in connecting to the larger information network that is in the world today, and commended the Library Services staff for moving in that direction. He stated that it is significant steps to broadening the County's understanding and resource base, for information, and information is what allows the Board to make intelligent decisions.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of the Library Services and Construction Act (LSCA) Grant Agreement Project: Library Services through Technology - Access to Information, No. DLIS-96-I-02-F-05.

COMMUNITY SERVICES/RESOLUTIONS/MISCELLANEOUS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of a Proclamation proclaiming the month of October as United Way Month in Lake County.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

GROWTH MANAGEMENT/RESOLUTIONS/PUBLIC HEALTH

Ms. Sharon Farrell, Senior Director, Growth Management Department, appeared before the Board stating that, in support of the Conservation Element of the Lake County Comprehensive Plan, the Growth Management staff expressed an interest to the St. Johns River Water Management District (SJRWMD) to participate in their Public Potable Water Wellfield Protection Program and, concurrently, the City of Eustis contacted the Growth Management staff and extended an invitation to participate, at a staff level, to develop a City/County program. She stated that, in support of intergovernmental coordination, she was requesting the Board's approval to move forward with the matter and participate with the SJRWMD, as well as the municipalities.

Mr. Gene Caputo, Intergovernmental Coordinator, St. Johns River Water Management District, appeared before the Board stating that wellfield protection in the County is not new. He stated that the County has an ordinance that is part of its Land Development Regulations, which came about as a result of model language that was prepared by the Department of Community Affairs (DCA) back in the mid-1980s, at a state and regional level, and that, at a national level, the Environmental Protection Agency (EPA), the Department of Environmental Protection (DEP), and DCA have been working with various aspects of wellhead protection, requiring it as part of the County's Comprehensive Plan. He stated that this process will help effectuate and implement that and the County will be able to report back to DCA what activity is taking place, at the County level, with respect to wellhead protection.

Mr. Caputo stated that almost every city in Lake County has either completed, or is in the process of completing, a wellhead protection modeling program. He stated that the SJRWMD approached the County approximately five years ago about the program, however, it never moved beyond staff discussions. He stated that it is now being implemented and he credited that to the aggressiveness and dynamics of the County's staff leadership that understands the need for this and how it will affect and assist the County, not only in its own programs, but in the program of intergovernmental coordination. He stated that the SJRWMD provides the County with a scientific modeling of each and every well within the jurisdiction, be it the County or the individual municipalities, and that the County will eventually end up with a series of maps. He stated that the real impact of all this is how the wellfield protection areas affect land use, at which time he noted that the SJRWMD takes the County's land use map, superimposes it, through a GIS System, into the designated ground level area of the wellfield protection zone and then the County can begin looking at how the County's land use decisions are beginning to affect the County's drinking water supply, which effects the quality of the drinking water that everyone consumes.

Mr. Caputo discussed what is involved, as far as the County is concerned, with regard to the program. He stated that the SJRWMD does not tell the County what to do - the County is in control from the beginning, even to the point of what size capture zones it wants the SJRWMD to model. He stated that the key to the whole process is that this is not a SJRWMD program, it is a local government program. He stated that the ultimate regulation is the County, to deal with the land use that the County provides for and permits within the identified areas. He stated that this report substantiates what local governments have been doing on a local basis, up to this point. He stated that they recommend that the County do something other than arbitrary determination of size and configuration, noting that DEP and DCA, in its review of the County's Comprehensive Plan Amendment, will not accept an arbitrary application of a wellhead protection area, so the County will have to have some sort of substantiation to its ordinance.

Mr. Caputo stated that the SJRWMD does not compete with the private sector, noting that the County could have the entire study done by consulting engineering firms, thus, the reason they only do it at the request of the County and, if it is the County's request to do so, then they work with staff. He stated that the process is not an easy process, it is very time consuming, therefore, it needs to begin now. He stated that they have been offering this service since 1991; however, that window of opportunity is beginning to close, so, if the County would like to have the modeling done by the SJRWMD, they will provide that service, based on data that is available and worked out between staff. He stated that they then will work with the local government to help them develop programmatic issues that need to be addressed, in terms of how to put it in the Comprehensive Plan and the Land Development Regulations. He stated that, if the County chose to have the SJRWMD do the modeling, when it is all done, he will work with staff on the ordinance part of it.

Commr. Swartz stated that he was glad to know that the window of opportunity is still open and that he appreciated staff bringing it to the Board's attention. He stated that he was never aware that a window existed, much less that it was open. He stated that he hoped the County would get on with it and that he appreciated staff getting it to the Board to consider. He requested Mr. Caputo to ask the SJRWMD what type of modeling, or help, they might be able to provide to the County, with regard to some of the sand mines that are already in existence, because they are large water withdrawal operations. He stated that the County might be able to come up with some plumes very similar to what Mr. Caputo presented, based on a sand mine. He requested him to work with staff, to see if he could bring the Board some information on that type of thing, as well as other water issues. It was noted that it would concern both surface water and ground water.

Commr. Hanson thanked Mr. Caputo for his presentation. She stated that she feels the County's Comprehensive Plan includes regulations that are very arbitrary and that she assumed this would give the County the facts to be more site specific.

Mr. Caputo stated that the legal implications are paramount. He stated that the County is eventually going to be dealing with, through the entire wellhead modeling process, the development, or amendment, of certain regulations. He stated that, in most local governments, the wellhead protection areas actually become delineated lines on the County's zoning maps. He stated that local governments have to be careful how they develop their regulations, which he elaborated on. He stated that, as good as a model is, it is only a model, based on scientific guesses, but, at least it is something to base the County's land use determinations on, other than an arbitrary, or uninformed, decision.

The Board thanked Mr. Caputo for his presentation.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval and execution of a Resolution providing for County participation in the preparation of a Public Potable Water Wellfield Protection Program.

PUBLIC SERVICES/RESOLUTIONS/ROADS-COUNTY AND STATE

Mr. Jim Stivender, Jr., Senior Director, Public Services, appeared before the Board and requested that they accept Maggie Jones Road into the County Road Maintenance System. He stated that it involves a 12,400 foot clay road that was used during the filming of the movie Rosewood, that was filmed in Lake County, in Cassia.

A motion was made by Commr. Hanson and seconded by Commr. Good to approve a request from Public Services for approval and execution of a Resolution accepting a 12,400 foot clay extension of Maggie Jones Road (4-8190) into the County Road Maintenance System.

Under discussion, Commr. Gerber stated that she had been informed that the film crew used lime rock on the road and killed some nearby vegetation. She questioned whether that really happened.

Mr. Stivender stated that that was part of what the County permitted with the Department of Environmental Protection (DEP) and that there is some mitigation involved with the case. He stated that the County has received approval, however, has not yet received a permit. He stated that, as soon as the County receives the permit, they can go in and clean it up. He stated that all the vegetation has now grown back, so DEP was very pleased that it did not cause permanent damage to the area.

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

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/CODE COMPLIANCE/COMMITTEES

Commr. Cadwell stated that there was a concern expressed about Ms. Bonnie Roof serving on the Code Enforcement Board, in the position of Realtor, due to the fact that she is not a realtor, however, noted that, at the time she served, a Realtor was not available for that position. He noted that there are now openings under the positions of Contractor and Business Person.

A brief discussion occurred regarding the matter, at which time Commr. Hanson stated that she had a concern with an individual serving in the category of Realtor, if a realtor is available. She requested that this matter be postponed and, since it had already been advertised, sending a notice to the Board of Realtors, to see if they had anyone that would be willing to serve. She stated that she felt the Board should make every effort possible to fill the position with a licensed realtor.

It was noted that this request had been postponed once before. Commr. Swartz requested the Chairman to speak with Mr. Ted Wyatt, who is presently serving on the Board in the position of Businessman, to see if he might step down, in order to provide other people who have expressed an interest in serving on said Board the opportunity to do so.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding the appointment of individuals to the positions of Realtor, Contractor, and Business Person on the Code Enforcement Board, for terms commencing November 1, 1996 and expiring October 31, 1999, until the Board Meeting of October 22, 1996, and, in the meantime, to contact the Board of Realtors for possible applicants and also to contact the various Chambers of Commerce in the County, noting that some of them may know some businessmen, or businesswomen, who may want to serve on the Code Enforcement Board.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Ms. Jan Smith, Ms. Maria Lawton, Ms. Carman Cullen, and Ms. Susan Boykin to the Lake County Cultural Affairs Council.



REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, explained this request, stating that it was relatively routine and that it involved the authorization of costs in a criminal case, where there is a "Not Guilty" plea.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to pay certification of costs, in the amount of $274.00, in the case of State of Florida v. Stephen D. Peachey.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/PUBLIC DEFENDER

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, explained this request, stating that it involves the County entering into agreements with the following Attorneys: R. Thomas Carl; James Hope; Mary Ann Plecas; and Ezra R. Witsman. He stated that they are the attorneys that provide conflict services in the County and Circuit Courts.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of an Agreement among Lake County and Howard H. Babb, Jr., Public Defender, and R. Thomas Carle, for legal representation of indigents in criminal court proceedings.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

COMMUNITY SERVICES/MISCELLANEOUS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of a Satisfaction of Mortgage for Nella Jean Arnold.

ADDENDUM NO. 3

COUNTY MANAGER'S CONSENT AGENDA

SUPERVISOR OF ELECTIONS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved Bond

No. S-19-78-33, for Ms. Emogene Stegall, Supervisor of Elections.

ADDENDUM NO. 1

REPORTS

COUNTY ATTORNEY

RESOLUTIONS/ELECTIONS

Mr. Sandy Minkoff, County Attorney, explained this request, stating that it clarifies a typo that was contained in the original Resolution calling for a referendum on the question of whether Lake County should be permitted to offer economic ad valorem tax exemptions under Florida Statute 196.1995, making it clear that all Lake County voters will vote on the question, not just those individuals living in the unincorporated areas of the County.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a corrected Resolution calling for a referendum, regarding Ad Valorem Tax Exemptions, as noted.

ADDENDUM NO. 1

REPORTS

COUNTY ATTORNEY

COUNTY EMPLOYEES/MEETINGS

Mr. Sandy Minkoff, County Attorney, explained this request, stating that the Florida Statutes allows the Board to meet in a Closed Session, to discuss settlement negotiations, or strategy related to litigation expenses. He stated that this request involves six cases - three worker's compensation claims (William Hechler, Beverly M. Treon, and George Haynes); two tort cases (Carswell v. Lake County and Worster v. Lake County); and the Todd v. Lake County case, which he noted he would like to discuss with the Board at the next Board Meeting, scheduled for October 22, 1996. He stated that he and the County Manager, Ms. Sue Whittle, would have some recommendations and would like to obtain some advice from the Board, regarding said cases.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to schedule a Closed Session on October 22, 1996, at 2:00 p.m., to discuss pending tort and workers' compensation claims.

REPORTS

COMMISSIONER GERBER

COUNTY BUILDINGS AND GROUNDS/COMMITTEES/GRANTS/MUSEUM

Commr. Gerber informed the Board that the museum grant that the County applied for had failed. She stated that, according to Mr. Alvin Jackson, Deputy County Manager, Lake County placed sixteenth out of twenty-three applicants, due to the fact that the grant was applied for by a government agency, instead of a private entity. She stated that most museums are supported by a private Board of Directors and that it needs to be a fund raising arm of the museum. She stated that the County should be working toward getting its museum board to be a fund raising arm of the museum.

Commr. Gerber stated that, because of the makeup of the museum, the County is probably going to have to reorganize the whole situation, in order to make it work better in the future. She stated that the County would probably be looking at some sort of focus group to put that together, after the first of the year; but, in the meantime, the County is working on a fund raiser to come up with a $20,500.00 shortfall that the County had to pay its consultant to move the project forward, in order to have a good opening and a state-of-the-art museum.

Commr. Gerber stated that she hoped everybody would get on board and help with the project and that she would appreciate any input from the Board, with regard to what role they want to assume, in supporting the County's historical museum. She stated that there would be ongoing costs involved and that she had requested Mr. Jackson to look into the operations and maintenance of museums, because it had not yet been discussed.

Commr. Hanson stated that she felt, when the Board gets the results of the long-range plan from the Tourist Development Council (TDC), that one of their major areas of focus will be historic preservation and cultural affairs.

Commr. Gerber stated that, if the TDC is interested, her group would love to have some support from them.

Commr. Swartz stated that the relationship has changed, as a result of the renovation. He stated that the relationship, until the Board got into renovating and providing the space on the first floor of the old Historical Courthouse for the museum was a very small and very defined relationship and that it was that involvement that created some of the questions that the Board is dealing with now. He stated that the Clerk, Mr. James C. Watkins, could help provide some historical background, but it would be helpful if the Board could obtain information, as to what has occurred over the years and what the Board's involvement has been during that time.

Commr. Gerber stated that the County has two separate Constitutional Officers trying to run the same show and it is not working. She noted that it is very confrontational at times.

Commr. Swartz suggested that the Board members be furnished with some basic background information, with regard to the Board's historical involvement with the museum over the years, for their perusal.

No action was taken at this time.



ADDENDUM NO. 1

REPORTS

COMMISSIONER GOOD

EDUCATION/RESOLUTIONS

Commr. Good explained this request, stating that this Resolution recognizes the fact that October 6-12, 1996 was set aside as National 4-H Week and that the Lake County 4-H will be holding special events during the months of October and November, 1996.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Resolution recognizing the work being accomplished by the 4-H organizations in Lake County.

REPORTS

COMMISSIONER CADWELL

EDUCATION/MISCELLANEOUS

Commr. Cadwell informed the Board, for informational purposes, that a class of seniors from Umatilla High School would be visiting the County on October 22, 1996 (Board Meeting day) and spending the day with them.

REPORTS

COMMISSIONER GOOD

MISCELLANEOUS/MUNICIPALITIES

Commr. Good invited the Board members, on behalf of the Leesburg Lion's Club, to attend a Turkey Shoot that is scheduled to be held two weeks from this date, off Hwy. 27, in Leesburg.

REPORTS

COMMISSIONER SWARTZ

ELECTIONS/MISCELLANEOUS

Commr. Swartz questioned whether any organizations were planning to positively advertise the referendum that is to be placed on the ballot, for the November 5, 1996 election, regarding ad valorem tax exemptions.

Commr. Cadwell stated that the Leesburg Chamber of Commerce, as well as the United Chamber of Commerce, was supposed to be educating the public about the matter. He stated that the County's Economic Development Commission is assisting, as well.

ADDENDUM NO. 2

TIMES CERTAIN

COMMISSIONER HANSON

COMMUNITY SERVICES/RESOLUTIONS/PUBLIC HEALTH

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Resolution proclaiming October, 1996, as Breast Cancer Awareness Month in Lake County; the Resolution proclaiming October, 1996, as Domestic Violence Awareness Month in Lake County; and the Resolution proclaiming October, 1996, as National Arts and Humanities Month in Lake County.

ADDENDUM NO. 2

REPORTS

COMMISSIONER HANSON

RESOLUTIONS/MISCELLANEOUS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution acknowledging the work of Ivey, Harris & Walls, at Camp Challenge, and expressing gratitude for their assistance to the Lake County community.

ADDENDUM NO. 2

REPORTS

COMMISSIONER HANSON

EDUCATION/MUNICIPALITIES

Commr. Hanson informed the Board that the Leesburg Chamber of Commerce had scheduled a three day event called WorldClass Academy, to be held November 7, 8, and 9, 1996, and that she would like to obtain approval to attend the event. She stated that it deals with the problems of education and looking at solutions. She noted that information regarding the event was contained in the Board's backup material.

Commr. Hanson stated that the strategy was designed by the Florida Chamber of Commerce Foundation and noted that it is a long-term strategy designed to help children in Florida acquire knowledge and skills they will need to be successful as productive citizens. She stated that the goal is to look at the community and improve the educational system. She stated that the event costs $500.00; however, she felt that a representative of the Board should attend. She stated that she would like to attend, but felt that the matter needed to be brought before the Board for approval.

A brief discussion occurred regarding the matter, at which time Commr. Gerber stated that she had heard a presentation regarding the matter, at a Leesburg Chamber of Commerce breakfast, and was not overly impressed. She stated that she felt it was probably a good program, but that it seems there are a lot of obstacles in their way. She stated that she liked the idea, but felt that it was terribly expensive.

It was the consensus of the Board to table the issue until the Board Meeting of October 22, 1996, which would give the Board more time to look into the matter.

ADDENDUM NO. 1

REPORTS

COMMISSIONER CADWELL

RESOLUTIONS/MISCELLANEOUS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a Proclamation proclaiming November as Manufactured/Mobile Home Owner Month.



REPORTS

COMMISSIONER CADWELL

APPOINTMENTS-RESIGNATIONS/ELECTIONS

Commr. Cadwell informed the Board that he would like to recommend the appointment of Commr. Hanson to the Canvassing Board for the November 5, 1996 election.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Commr. Hanson to the Canvassing Board for the November 5, 1996 election.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:45 a.m.



_______________________________

WELTON G. CADWELL, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



sec/10-15-96/10-23-96/boardmin