A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 7, 1997

The Lake County Board of County Commissioners met in regular session on Tuesday, January 7, 1997, 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: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuance Quality Improvement; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Commr. Cadwell informed the Board that he would like to add to the Agenda, under his Commissioner's Business, a discussion about youth programs for Lake County, which he noted may require a vote.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

CLERK OF COURTS' CONSENT AGENDA

Mr. James C. Watkins, Clerk, informed the Board that he would like to have Item No. 4, a request for approval of the amendment to the investment policy and authorization to invest up to $20 million with First Union's Capital Management Group, removed from the Clerk's Consent Agenda, to be addressed at a later date; and to have Item No. 3, a request for approval of the Travel Policy, whose objective is to establish policies for the reimbursement of travel expenses incurred by employees and others who are under the jurisdiction of the Lake County Board of County Commissioners, removed from the Clerk's Consent Agenda and placed on the Board's Agenda, under Other Business, for discussion.

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

Accounts Allowed/Budgets/Budget Transfers/County Finance

Resolutions



Request for approval of Budget Adjustments for FY 1996-97, as follows:



A. Transfer:



1. Fund: General

Department: Constitutional Officer/Sheriff

From: Contingency $10,000

To: Law/Capital Outlay $10,000

Transfer #: 97-055



Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $10,000 from his Contingency money be transferred into Law Enforcement Capital Outlay.



B. Resolution:



1. Fund: General

Department: Community Services

Revenue: FEMA $22,436

Expenditure: FEMA $22,436

Amendment #: 97-054



Justification: Resolution to receive unanticipated revenue from Federal Emergency Management Agency for additional welfare assistance for 1997.



Bonds - Contractor



Request for approval of Contractor Bonds - New and Cancellations, as follows:



New



1153-97 Terry L. Wolters (Building)

1731-97 Martin G. Boyd (Carpentry)

4519-97 Edward William Kern (Aluminum)

4890-97 Thomas Eidson d/b/a Devane Electric, Inc.

5039-97 Golden Triangle Air Conditioning

& Refrigeration

5490-96 Kirkland's Plumbing, Inc.

5508-97 Mid-Fla Heating & Air, Inc.

5509-97 John Richard Breek/Creative Pools

& Spas, Inc.

5511-97 John R. Potocnak d/b/a Allied Roofing

5512-97 The Pool Shack, Inc.

5513-98 Forest Electric & Building Services, Inc.





Cancellations



1365-96 Ronald W. Thomley

1696-96 Lowell Keith Vogel Electric

4055-96 Hill's Quality Plumbing, Inc.

4890-96 Thomas Eidson

5158-96 Randall G. Forth

5250-96 Jim Wilson

5441-96 Joseph S. Bosi

5445-96 Robert F. Peck

5453-97 Timothy C. Melville



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Greg Lewis Young, in the amount of $25.00, Case No. 96-2469MMA0140, and authorized proper signatures on same.



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.



Audits



Request to acknowledge receipt of audited Financial Statements for Greater Orlando Area Legal Services, Inc., dated December 31, 1995.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending November 30, 1996, in the amount of $161,987.11. Same period, last year: $123,082.82.



Audits/Education



Request to acknowledge receipt of State of Florida Report No. 12839, dated November 25, 1996, audit made of the Financial Statements of the District Board of Trustees, Lake-Sumter Community College, for fiscal year ended June 30, 1996.



Audits/Education



Request to acknowledge receipt of State of Florida Report No. 12860, dated December 12, 1996, Operational Audit of the District Board of Trustees Lake-Sumter Community College, for the period July 1, 1995 through June 30, 1996.



Reports



Request to acknowledge receipt of State of Florida Report No. 12850, dated December 5, 1996, Review of the Year 2000 Impact on State Government Information Technology, for the period of July 12, 1996 through September 18, 1996.



Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission - In Re: Request for change in regulatory status and cancellation of Certificate No. 451-S, in Lake County, by Route 19A North Joint Venture (Century Realty Funds/Haselton Associates).



Municipalities/Ordinances



Request to acknowledge receipt of copies of Ordinance Nos. 321-M and 323-M, adopted by the Clermont City Council on November 26, 1996, which annexes parcels of land into the City limits of the City of Clermont.



Accounts Allowed/Clerk



Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $148.68.



MINUTES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the Minutes of December 3, 1996 (Regular Meeting), as presented.

COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, informed the Board that she would like to pull Tab 13, a request from Public Works for approval to assess property owners the entire cost of any expenses for permitting, surveying, and design connected with special assessment projects for road paving, from the Consent Agenda, for clarification.

Commr. Hanson stated that she would like to pull Tab 23, a request from Public Works for acceptance of a Statutory Warranty Deed from George F. Fuchs, Jr., for right-of-way, for Fishermans Road Extension; and approval and execution of an Agreement between Lake County and George F. Fuchs, Jr., for conveyance of right-of-way property, for discussion.

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

Appointments-Resignations/Committees

Request from the County Manager for approval of the appointment of Mr. Raymond Gilley to the Jobs and Education Partnership Regional Board, Region 12.



Contracts, Leases and Agreements/State Agencies



Request from the County Manager for approval and execution of a Memorandum of Understanding between Lake County and the Lake Soil and Water Conservation District, for their cooperation in the conservation of natural resources.





Contracts, Leases and Agreements/Municipalities



Request from the County Manager for approval and execution of an Interlocal Agreement between Lake County and the City of Tavares, pertaining to contractor licensing and regulation services.



Accounts Allowed/Community Services

Contracts, Leases and Agreements/State Agencies



Request from Community Services for approval and execution of the Annual Contributions Contract, for Increment No. FL135CE0002, between Lake County and the U.S. Department of Housing and Urban Development, for the Section 8 Housing Program, at a fiscal impact of $224,688.00.



Accounts Allowed/Community Services/Public Health



Request from Community Services for approval of the payment of the monthly Medicaid hospital bill, in the amount of $39,004.02, and the Medicaid nursing home bill, in the amount of $49,528.19, for the month of October, 1996.



Accounts Allowed/Facilities and Capital Improvements

Contracts, Leases and Agreements/County Buildings and Grounds



Request from Facilities and Capital Improvements for approval and execution of Change Orders to the Metric GMP contract, the Odell contract, and the Simpson & Associates, Inc. contract, for work on the renovation project, in the amount of $317,168.00.



Contracts, Leases and Agreements/Fire and Emergency Services



Request from Fire and Emergency Services for approval and execution of a Four-Party Interlocal Mutual Fire and Disaster Agreement, between Osceola County, Orange County, Lake County, and Polk County.



County Employees/Human Resources



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



Accounts Allowed/County Employees/Human Resources



Request from Human Resources for approval of the reclassification/upgrade of three positions, title change of one position, and the change of scheduled hours of one position, at a fiscal impact of $19,981.00.



Accounts Allowed/Public Works/Subdivisions



Request from Public Works for approval to release a Letter of Credit, for maintenance, in the amount of $13,013.93, for Lake Lucy Estates Subdivision.



Accounts Allowed/Public Works/Road Projects



Request from Public Works for approval to award CR 44

(5-6335), Emeralda Avenue Intersection Project No. 8-96, Bid No.

97-026, to Paquette Paving Company; and to encumber and expend funds, in the amount of $65,834.75, from the Road Impact Fee Fund -Benefit District 3, Commissioner District 5.





Accounts Allowed/Public Works/Road Projects



Request from Public Works for approval to award CR 561/SR 19 Intersection Improvement Project No. 12-96, Bid No. 97-027, to Superior Asphalt Company; and to encumber and expend funds, in the amount of $176,125.89, from the Road Impact Fee Fund - Benefit District 2, Commissioner District 3.



Accounts Allowed/Contracts, Leases and Agreements

Public Works/Road Projects



Request from Public Works for approval and execution of Change Order No. 1 to Calvin Lee Road (2-0609) and Pine Island Road

(CR-565B) Resurfacing Project No. 9-96, for additional work at the intersection of CR 474 and US 27, in the amount of $9,890.00, from the Transportation Trust Fund - Commissioner District 2.



Accounts Allowed/Contracts, Leases and Agreements/Public Works



Request from Public Works for approval to accept a Letter of Credit, in the amount of $250,000.00, and a Letter of Credit, in the amount of $200,000.00, for the completion of the improvements, as described in the stipulation between Lake County, Deer Island Partners, Ltd., and Tramell Webb Partners, Inc., executed on June 26, 1996.



Contracts, Leases and Agreements/Municipalities/Public Works

Landfills/Rights-of-Way, Roads and Easements/Utilities



Request from Public Works for approval and execution of an Interlocal Agreement between Lake County and the City of Tavares, relating to the provision of the Astatula Landfill utility service; and approval and execution of a Non-Exclusive Easement Deed, for said utility service.



Contracts, Leases and Agreements/Public Works/State Agencies



Request from Public Works for approval and execution of the Local Agency Certification Qualification Agreement, for submittal to the Florida Department of Transportation.



Public Works/Resolutions/Roads-County and State



Request from Public Works for approval and execution of Resolution to post signs to eliminate thru trucks on Lake Saunders Drive (3-4760), between CR 19A and CR 19A, and prevent left turns from businesses along US 441. Trucks are to access businesses from US 441.



Public Works/Resolutions/Signs



Request from Public Works for approval and execution of Resolution to post "No Fishing from Bridge" signs on Lake Norris Road (4-7187), on Bridge No. 114076, over Black Water Creek.



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

Request from Public Works for acceptance of the following Roadway Easement Deeds; and acceptance of College Road into the County Maintenance System:



The City of Leesburg

College Road



District Board of Trustees - Lake Sumter Community College

College Road



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

Road Projects



Request from Public Works for acceptance of the following deeds for the Merry Road Paving Project:



Statutory Warranty Deeds



Francis R. Berens

Edward F. Hargroves

Jason S. Burgos, Trustee

Gail B. Burgos, Trustee



Temporary Non-Exclusive Easement Deeds



Francis R. Berens

Edward F. Hargroves

Jason S. Burgos, Trustee

Gail B. Burgos, Trustee



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

Request from Public Works for acceptance of the following deeds:



Statutory Warranty Deed



City of Umatilla

Twin Ponds Road (5-7676)



Osmond Nathaniel Bernard and

Lottie Omelia Bernard

Jones Road



Non-Exclusive Easement Deeds (Corrective)



Terry E. and Joan M. Gray

Peebles Road



Roy G. and Mary L. Carlson

Peebles Road



Mark J. and Karol L. Kidd

Peebles Road



William H. Henderson

Peebles Road



David A. Bateman and Traci L. Rivers

Peebles Road



Vito A. Troiano and Kathryn P. Troiano

Peebles Road



Non-Exclusive Easement Deeds



ELL-CAP 96-SOUTHERN PALMS, an Oregon Limited Partnership;

ELL-CAP 96-SOUTHERN PALMS ASSOCIATES, an Oregon Limited Partnership; Frank Scalzo; and Leroy Allen, as tenants in common.



Sidewalk adjacent to Southern Palms RV Resort: Eustis Fairgrounds area





Temporary Non-Exclusive Easement Deed



Carrie B. Dewitt

Washington Street and US 27



Municipalities/Public Works/Roads-County and State



Request from Public Works for acceptance of a Maintenance Map for Skyline Drive (5-7773), in the Umatilla area.



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



Request from Public Works for approval and execution of easement over county owned property, to provide access to property owned by the Paul W. Bryan Family Trust.



Purchasing



Request from Purchasing for approval to seek bids, proposals, and professional services; approval to waive bid requirements, accept quotes, and issue purchase orders; approval to award bids and proposals and issue purchase orders and/or contracts; approval to issue purchase orders for services or commodities from annual bids, state contracts, G.S.A., or cooperative bids; approval to waive bid requirements and issue purchase orders for services or commodities that are not bid or quoted, or if they are OEM repairs; and approval and execution of contracts, agreements, amendments, and encumbrance of funds, as follows:



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



DEPARTMENT AMOUNT



SOLID WASTE $25,000.00



Permission to negotiate a contract with Hartman & Associates, Inc., the number one ranked respondent for Proposal 97-016 (Ground Water Modeling), and proceed, by following the guidelines set forth in LCC-19 and Florida Statute 287.055, Section 5. On December 5, 1996, the selection committee held public oral presentations with the four firms who responded and submit the following ranking:



1. Hartman & Associates, Inc.

2. HSA Environmental

3. Ardamann & Associates, Inc.

4. Wicks Consulting



PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCES

EMPLOYEE AWARDS

COUNTY EMPLOYEES/HUMAN RESOURCES

Ms. Lourdes Ramos, Personnel Manager, Human Resources, appeared before the Board and noted the accomplishments of each of the employees receiving awards this date.

Commr. Good presented said employees with Employee Awards, as follows:

Plaque to Employee with Five Years of Service to the County



Robert McCullough, Energy Operations Manager, Facilities and Capital Improvements/Facilities Management Section/Energy Management Services



Plaques to Employees with Ten Years of Service to the County



Margaret L. Norman, Secretary III, Community Services/Human Services Division/Administration



Patricia A. Stahl, Housing Intake Specialist, Community Services/Human Services Division/Housing Services



Plaque and Bond to Employee of the Year for 1996



Christopher S. Greco, Micro-Computer Technician, County Manager, Computer Services Division



PERSONAL APPEARANCES

EMPLOYEE AWARDS

COUNTY EMPLOYEES/HUMAN RESOURCES

Commr. Good presented "Pride Certificates", as follows:

Agricultural Education Service



John Heffler, Cooperative Extension Service



Community Services



Peggy Norman, Children's Services

Jennifer Jones, Records Management

Mary LaFollette, Records Management



Facilities and Capital Improvements



Henry C. Eschenberg, Jr., Exposition and Fairgrounds

(Not Present)



Growth Management



George Hewlett, Water Quality Services Lab

William A. Jackson, Water Quality Services Lab (Not Present)



Richard Roof, Water Quality Services Lab



Teresa Velazquez-Colon, Water Quality Services Lab



Linda Maston, Planning and Development



Public Works



Gerry Bramlett, Mosquito and Aquatic Plant Management

(Not Present)



Purchasing



Susan Dugan



Solid Waste



Bob Perkins



PERSONAL APPEARANCES

ACCOUNTS ALLOWED/COMMITTEES/MUSEUMS

Mr. Bill Horan, Museum Coordinator, Lake County Historical Museum, appeared before the Board and gave a presentation regarding the fund raising efforts of the Lake County Historical Society to raise $20,500.00, funds needed to complete the Lake County Historical Museum project. He stated that a committee, consisting of ten individuals, was created to raise said funds, with Dr. Dixie Allen, a member of the Lake County Historical Society, chairing said committee. He stated that they reached their goal, in fact they raised a total of $30,000.00.

Dr. Allen appeared before the Board and thanked them for all the cooperation and support they have given through the years to the Lake County Historical Society and the Lake County Historical Museum.

Mr. Horan reappeared before the Board and commented, briefly, about the obtaining of artifacts for the Museum, noting that, contrary to what has been stated, no artifacts have ever been purchased for the Museum, they have always been donated by the citizens. He addressed the issue of the Museum's budget, noting that three-fourths of it comes from the Board, with the remaining one-fourth from the Clerk's Office. He introduced Ms. Debbie Guglielmo, Guglielmo & Associates, Tampa, Florida, noting that she was the individual hired by the County to complete the Museum project. He then presented the Board with a check, in the amount of $20,500.00, representing the fund raising efforts of the Lake County Historical Society, for the Museum project.

Commr. Good thanked Mr. Horan for his hard work, with regard to this project.

Commr. Gerber stated that the Museum now has solid support from the Historical Society and the community that it did not have before, which she noted is important for the future of the Museum, because grant money comes through citizen participation. She stated that the County will have a beautiful facility, due to be completed in approximately nine months. She thanked everyone for their hard work and informed them that it was a pleasure to work with them.

Commr. Cadwell thanked the Clerk for his years of support, with regard to the Museum.

Mr. James C. Watkins, Clerk, thanked everyone involved for doing a magnificent job and noted that the only credit he could take was in hiring Mr. Horan.

PUBLIC HEARING

CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT

STATE AGENCIES

Mr. Sandy Minkoff, County Attorney, explained this request, stating that it was a proposed Stipulated Settlement Agreement with the Department of Community Affairs, which resolves the second Comprehensive Plan Amendment that dealt with the Royal Highlands DRI. He stated that the Board approved amending the Comprehensive Plan, by adding 200 acres to the DRI; however, DCA filed an appeal and this agreement settles that appeal. He stated that approval of the agreement will require a small amendment to the County's Future Land Use Map - putting a notation on the map for the Royal Highlands DRI (originally known as the Monterey DRI).

Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and displayed the language that was being requested by DCA, contained in the Board's backup material as Exhibit B, as follows: "The County shall amend the Future Land Use Map (FLUM) to place a notation on the Map stating that the uses, densities and intensities associated with the Vested Development of Regional Impact (DRI) land use category are included in the adopted development order for the Royal Highlands DRI, dated ______, and are hereby incorporated by reference."

Mr. Minkoff brought the Board up-to-date regarding an earlier Comprehensive Plan Amendment that DCA appealed, which is still pending. He stated that staff may have to bring back a settlement agreement for that one, as well, putting it back to the rural state that it was before it was designated Urban Expansion. He stated that staff has a hearing with the Hearing Officer, regarding same, in the Spring of this year.

The Chairman opened the public hearing.

Mr. Steve Richey, Attorney, representing Pringle Communities, Inc., appeared before the Board stating that 270 acres had been added to the DRI and that his client had amended the PUD, stating that the 270 acres would be held to the same intensities and densities as the original order, which he noted was encompassed in the agreement. He requested the Board to resolve the dispute with DCA, by approving the Stipulated Settlement Agreement.

No one was present in opposition to this request.

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

Commr. Swartz stated that, as long as he has been involved with this case, he has opposed an extension of the DRI (originally known as the Monterey DRI); opposed the amendment of the PUD to expand the DRI, which was later extended, and opposed the land plan amendment, which is now the subject of this settlement agreement. He stated that he would oppose the Stipulated Settlement Agreement for the same reasons that he opposed extending the DRI, amending the PUD, and changing the land plan amendment.

Commr. Good noted that, historically, he has opposed any changes to the DRI and would continue to do so.

A motion was made by Commr. Cadwell and seconded by Commr. Hanson to approve a request from Growth Management for approval, and authorization for the Chairman to execute, a Stipulated Settlement Agreement with the Department of Community Affairs, regarding Department of Administrative Hearings Case No. 96-3413GM, for Pringle Communities, Inc., which will require the Board to consider the adoption of an amendment to the Future Land Use Map, to place a notation on the Map stating that the uses, densities and intensities associated with the Vested Development of Regional Impact (DRI) are included in the adopted development order for the Royal Highlands DRI.

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

Commr. Good and Commr. Swartz voted "No".

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

ASSESSMENTS/PUBLIC WORKS/ROAD PROJECTS

Ms. Sue Whittle, County Manager, explained this request, stating that the program in question assesses property owners on special assessment projects, for expenses incurred, for the permitting, surveying, and design connected with said projects. She stated that, in the past, the County paid for any expenses connected with those three things, up front; however, this request would be rolling all the costs involved into one system, which would then be split, proportionately, between the County and the homeowners.

A brief discussion occurred regarding the matter, at which time Commr. Swartz suggested deleting the following language from the last sentence of the first paragraph of the Background Summary: "and for the County to participate financially only in the construction cost.", which he noted would clarify what the County Manager stated previously and make it clear what the intention is.

He noted that, by striking said language, the County will pay 1/3 of the overall costs of the project, or 50%, if it involves a collector road, and the property owners will pay the applicable 1/3 of the total costs. He stated that, without said language being deleted, it would mean that the County would participate only in the construction costs, which would put the costs for all the other things on the property owners, and he did not feel that would be fair. He stated that, by deleting the language, it would make the program more consistent with what was intended.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to assess property owners the costs of any expenses for permitting, surveying, and design connected with special assessment projects for road paving, with the County to share proportionate costs of same, with the change in the language, as noted, and the clarification made by the County Manager.

CONTRACTS, LEASES AND AGREEMENTS/DEEDS/ROAD PROJECTS

RIGHTS-OF-WAY, ROADS AND EASEMENTS/PUBLIC WORKS

Mr. Sandy Minkoff, County Attorney, explained this request, stating that the Ordinance specifically allows credit to a developer for making off-site improvements, or giving the County right-of-way. He stated that the County is going to try to use impact fee credits, in those cases where it anticipates having to pay for right-of-way.

Discussion occurred regarding the matter, at which time Mr. Minkoff stated that Public Works is going to survey other counties and bring back to the Board some of the practices that they use, with regard to right-of-way identification, purchase, and acquisition.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for acceptance of a Statutory Warranty Deed from George F. Fuchs, Jr., for right-of-way, for the Fisherman Road Extension; and approval and execution of an Agreement between Lake County and George F. Fuchs, Jr., for conveyance of the right-of-way property.

OTHER BUSINESS

CLERK/COUNTY POLICY

Ms. Barbara Lehman, Chief Deputy, County Finance, explained this request, stating that it was a request to approve the Travel Policy that was discussed at the Board Advance Meeting, in December of this year. She stated that this policy does three things, being (1) it gives the County Manager authority to approve travel for people who are traveling on behalf of Lake County; (2) it gives her the ability to adopt travel procedures to govern that travel; and (3) it gives the Board authorization to cover travel expenses individually, up to the amount that has been budgeted for the current year. She stated that the Clerk's intention is to include, in the upcoming budget, five separate line items that would be used individually by the Commissioners and, for this current year, to track expenses individually and see where the County is, with regard to that matter.

A motion was made by Commr. Hanson and seconded by Commr. Gerber to approve a request from the Clerk, Mr. James C. Watkins, for approval of the Travel Policy, whose objective is to establish policies for the reimbursement of travel expenses incurred by employees and others who are under the jurisdiction of the Lake County Board of County Commissioners.

Under discussion, Commr. Gerber stated that she felt the Commissioners should track two to three years, noting that some years they travel more than other years.

Ms. Sue Whittle, County Manager, stated that the Commissioners would need to give staff some indication of what their travel plans are for the upcoming year. She noted that it is currently done for the various departments within the County.

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

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/COUNTY MANAGER

CONTRACTS, LEASES AND AGREEMENTS/STATE AGENCIES

Mr. Alvin Jackson, Jr., Deputy County Manager, appeared before the Board and explained this request, stating that staff was bringing back to the Board the funding agreement between the St. Johns River Water Management District (SJRWMD), Lake County, and the Lake County Water Authority, in the amount of $750,000.00. He stated that the agreement outlines the County's relationship with same and their responsibilities. He stated that the SJRWMD will give the County ongoing reports, as they make progress. He stated that one of the changes the County requested, with regard to the funding, is that it be done on a percentage reimbursement basis, as they complete each step.

Commr. Cadwell referred to Page 4 of the Agreement, under Article VII - RESPONSIBILITIES OF DISTRICT, Paragraph D. (contained in the Board's backup material), stating that it states the district shall submit written quarterly reports to the County and the Authority's Project Managers and, if requested, annual presentations of the progress of the work will be made to the respective boards of the County and the Authority. He stated that the Board is going to want to know what is going on before the funds are budgeted, therefore, felt that the Board might as well state that it wants said presentations, previous to budget workshops.

Ms. Sue Whittle, County Manager, interjected that it was the SJRWMD's indication that it would be two years before they would be prepared to give the Board a presentation regarding the project.

Mr. Sandy Minkoff, County Attorney, stated that it would then require a new contract, noting that this contract only obligates the Board to the first phase of the project.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager for approval and execution of the Funding Agreement between the St. Johns River Water Management District and Lake County, for Phase I construction of the Lake Apopka Marsh Flow-Way Project, at a fiscal impact of $750,000.00.

RECESS AND REASSEMBLY

At 10:15 a.m., the Chairman announced that the Board would recess for ten minutes.

OTHER BUSINESS

COMMISSIONERS

Commr. Gerber introduced to the Board Ms. Barbara Newman, former County Commissioner from St. Johns County, Florida, who was present in the audience.

TIMES CERTAIN

PUBLIC WORKS/REPORTS/ROADS-COUNTY AND STATE

Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board stating that fifteen years ago he did a personal evaluation of the CR 561 and CR 561A bridges and was concerned about them at that time. He stated that they are the oldest bridges in Lake County and the ones in the poorest condition. He noted that the funding aspect of this request has not yet been decided.

Mr. Jim Barker, Executive Vice President, HNTB (Howard Needles Tammen & Bergendorf), an engineering firm in Orlando, appeared before the Board stating that he and his staff were present this date to report to the Board on the preliminary design phase of this project and the design of the two bridges. He stated that he would like to acquire the Board's approval to proceed with the final design phase of the project, in order to keep the project on schedule.

Mr. Mike Waddell, Project Manager, HNTB, appeared before the Board and discussed the existing conditions of the bridges, why they are scheduled to be replaced, and the work that has been done on the project. He presented recommendations to the Board, as to what to take into the final design phase of the project.

Ms. Renee Thomas, Project Manager/Systems Ecologist, HNTB, appeared before the Board and addressed the environmental permitting aspects of the project, as well as its impact to the wetlands.

Mr. Waddell reappeared before the Board and requested approval of the project, noting that the final design phase would be available in approximately six months, at which time they will turn over to the County the final design plans and documents, for bidding purposes. He stated that he felt the County got the design they desired to have, the most cost effective, maintenance-free bridge, and the best design possible for the cheapest dollars.

Commr. Good stated that a site visit to the bridges would be extremely revealing, to see what is on the ground and what drives this design. He stated that, when one looks at the deterioration of the pilings, jackets, and cables, one can see the real need for this project. He stated that this request is not a "want" it is a "need".

Mr. Stivender stated that the construction and design for the bridge has been in the program for almost as long as impact fees have been in the program. He stated that it is a project that has been on the list in an unidentified funded situation. He stated that, when this project got started several months ago, the Board approved to use impact fees, for engineering only. He stated that this is the phase to decide which type of design to go forward on, to complete the design of the project. He stated that the costs for same is in the amount of $1.1 million, for the two bridges, or separately, $500,000.00 and $600,000.00, respectively. He stated that the County does not have a funding source at this time, to go forward with the next phase. He stated that said costs are construction costs, noting that the Board had already approved the engineering costs. He stated that he was present this date to request approval to proceed with the final design phase and accept the recommendation being proposed this date. He stated that the County will work through the budget process this coming year, to come up with the funds.

It was noted that this phase, Phase II, is for the design and permitting of the bridges.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Phase II of the CR 561 and CR 561A Bridge Project, allowing the firm of HNTB of Orlando to proceed with the Design and Permitting of the bridge.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Sandra Kist, representing several homeowners in the area of Lane Park Road, in Lake County, appeared before the Board and addressed a concern said homeowners had regarding the possibility of the City of Tavares annexing their properties into the city limits of Tavares and their opposition to the possibility of that occurring.

Commr. Hanson informed the Board that, when Ms. Kist called her, approximately one month ago, she was concerned about the notification requirements. She stated that she felt the notification requirements had been met by the law, but felt that the County should look at going over and beyond the requirements, for notification, for those individuals who are in the unincorporated areas of the County. She stated that it was a legal question and requested the County Attorney to respond.

Mr. Sandy Minkoff, County Attorney, stated that there is no notification procedure in the Florida Statutes, other than newspaper advertisements. He stated that cities are prohibited from creating enclaves through voluntary annexation; therefore, the homeowners could stop an annexation which creates an enclave. He stated that the only time one can be annexed, without one's permission, is if one is in an enclave of ten acres or less in size.

Commr. Swartz informed the homeowners that, for several years, the County has encouraged cities to try to annex and provide municipal services in areas around their borders, particularly, where they can provide central water and sewer, because the County does not provide it.

Commr. Hanson stated that Ms. Kist brought up an issue that the Board needs to keep in mind, as they move forward with the joint planning areas, with interlocal agreements that can be developed.

Commr. Good stated that this problem is not one that is restricted to the Lane Park Road area, noting that there have been several articles in the newspaper about annexations around the County. He directed the homeowners to Ms. Sharon Farrell, Senior Director, Growth Management, and Mr. Paul Bergmann, Director of Planning, noting that they could get them the information they requested and answer their questions, regarding the matter. He stated that he felt constant vigilance would probably be their best bet.

The homeowners were directed to discuss the matter with the Lake County Legislative Delegation, which is scheduled to meet on Wednesday, January 15, 1997, at Lake Sumter Community College.

No action was taken regarding the matter.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

COMMITTEES/COMMUNITY SERVICES/PUBLIC HEALTH/RESOLUTIONS

Mr. Fletcher Smith, Director, Community Services, appeared before the Board stating that he was present this date to discuss the Resolution that was approved by the Board on December 17, 1996, in which the Board requested that the Comprehensive Health Care Committee conduct a study, or come forward with some recommendations, concerning the actual geographic location of the health facilities and health sites located in Leesburg, Tavares, and Umatilla, to see if it is an effective way to locate the sites, given the change in climate of funding and the delivery of public health services to the citizens of Lake County. He stated that this could be an issue that would involve a regional planning study being done, which would include geographic locations, demographics, and economic factors, and that the individuals who would be on the subcommittee, which would be the administrators of the three hospitals, Dr. Pellosie, and two at-large members are concerned that they are not qualified to do a regional planning assessment. He stated that the Committee asked that the scope that was put forth in the Resolution be narrowed.

Commr. Swartz stated that he was hesitant to see the Board contemplate any funding, until it has a better idea of where the County is going. He stated that, maybe the answer would be to step back and wait to see what is going to happen.

Commr. Cadwell interjected that the County has got to do something in Clermont.

Commr. Good questioned what the County's statutory requirements are for public health services and a public health department.

Mr. Sandy Minkoff, County Attorney, stated that the contract is a voluntary agreement. He stated that different counties throughout the State support their Health Departments at different levels, however, most of the Health Departments' interaction with the Counties are voluntary. He stated that, through the years, the providing of land, or helping with facilities, has been done because the Board chose to do it, not because it was required.

Dr. John Pellosie, Director, Lake County Health Department, appeared before the Board stating that there have been cuts that have effected his department from both the County and the State, yet demands have increased. He stated that one of the things he tried to provide to the County was an opportunity to expand facilities and provisions of services in each of the County's sites. He stated that, in the past, they had a trust fund that was quite large and were able to purchase for the County the buildings that they are presently in, as well as the equipment and vehicles they utilize every day. He stated that, once they purchase same, whether it is from State money, or purchased with the small amount of money that comes from the County, they became county property. He stated that he tried to expand each of the facility sites; however, they are now land locked, so, in order to do anything with any of the sites, they will have to move off-site - purchase new property and construct new buildings, and he cannot see doing that at this time, because it will be very expensive. He discussed problems that his department is presently faced with and what he feels needs to be done, in order to resolve some of those problems. He noted that he feels he needs to be near the County seat, centrally located within the County, for access purposes.

Ms. Sue Whittle, County Manager, informed the Board that it was her understanding, after the action the Committee took, that there was a subcommittee appointed and they were going to do a lot of work on redrafting the Resolution and send it back to the Board. She stated that was the reason she put this issue on the Agenda, under her business, because she wanted direction from the Board, regarding same.

Commr. Good interjected that he felt the Board's direction was fairly clear, noting that Commr. Cadwell had requested that they let the Board know where the site would be for the Health Department building.

Commr. Gerber stated that she did not feel comfortable with supporting a study, at this time, when there is nothing to study.

Commr. Swartz stated that he feels the Board is going to have to wait until they find out whether the legislative appropriation comes through. He stated that, if it comes through, then Dr. Pellosie and the Board can sit down and try to determine where to put a public health facility.

Dr. Pellosie stated that he was not asking the County for money, he was trying to bring more money into the County. He stated that, if he could provide not only for those individuals on the sliding scale, but also for the Medicaid population, he would have income again - he could increase his income and provide for himself.

Discussion continued regarding the issue of the Clermont area and health care facilities for that area, at which time Ms. Whittle, County Manager, stated that staff has been looking at vacant buildings in that area, as a short-term solution to the problem, noting that they realize the problem cannot be finalized in a one year time period.

Commr. Cadwell suggested contacting the Lake County School Board, to see if they had some property that the County could utilize, on a short-term basis.

The Board thanked Dr. Pellosie for his input.

Ms. Whittle, County Manager, informed the Board that she felt the action that needed to be taken this date would be to rescind the Resolution that directed the Committee to do the facilities location study.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board rescinded Resolution No. 1996-185, which directed the Comprehensive Health Care Committee to do a facilities location study.

COMMITTEES/GROWTH MANAGEMENT/RESOLUTIONS

Mr. Paul Bergmann, Director, Planning Development Services, appeared before the Board stating that the Board had before them nine (9) Resolutions creating nine advisory committees, by element, being: Transportation Element; Housing Element; Conservation Element (the Board included Solid Waste, Stormwater, and Natural Groundwater Acquifer and related public facilities into this Resolution); Sanitary Sewer & Potable Water Sub-Element; Recreation and Open Space Element; Intergovernmental Element; Capital Improvements Element; and Economic Element. He stated that the Executive Advisory Committee has a special charge, being to deal with the Future Land Use Element, to provide consistency to the citizen assessment and evaluation. He stated that the eight other committees consist of nine members each, with an elected Chairman and Vice Chairman. He stated that the Chairman is to serve on the Executive Advisory Committee. He stated that all the committees may appoint subcommittees, as they see necessary, to do the work that they are charged with. He stated that the ninth committee, the Executive Advisory Committee, is to be made up of the eight Chairmen, leaving a ninth position, to be chosen. He stated that the Advisory Committee will also need to elect a Chairman and Vice Chairman and may appoint subcommittees.

Mr. Bergmann stated that the next step, once the Board acts on the Resolutions, will be to advertise the committee positions, which he noted staff hopes can be done within the next two weeks. He stated that staff will prepare a packet for each of the committee members, for their particular element, which they will need to read and be familiar with. He stated that the members will also need to attend a meeting with the County Attorney's staff, to familiarize themselves with the Sunshine Law and make sure they understand open records, public meeting requirements, etc.

Considerable discussion occurred regarding each of the Resolutions. The County Attorney, Mr. Sandy Minkoff, suggested that the Board adopt each Resolution separately.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Recreation and Open Space Element Advisory Committee.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Housing Element Advisory Committee.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Intergovernmental Coordination Element Advisory Committee.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Economic Element Advisory Committee.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Transportation Elements Advisory Committee.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Conservation Element and Related Public Facility Sub-Elements Advisory Committee, which includes the Natural Groundwater Aquifer Recharge Sub-Element.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Capital Improvements Element and Related Public Facility Sub-Elements Advisory Committee, which includes Sanitary Sewer, Solid Waste, Stormwater Management, and Potable Water.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Resolution requesting the Lake County School Board to establish an Education Element Committee and that the nine members of said committee be appointed by the School Board.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Executive Advisory Committee, with the eight committees previously formed, by Resolution, and the ninth committee being the Education Committee.

Discussion occurred regarding the need to establish a Future Land Use Element Committee.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution establishing the Lake County Future Land Use Element Committee.

OTHER BUSINESS

BONDS/CLERK/TAX COLLECTOR

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Public Official Bonds for Mr. James C. Watkins, Clerk of the Circuit Court, and Mr. Robert F. McKee, Lake County Tax Collector.

REPORTS

COUNTY ATTORNEY

EDUCATION/ORDINANCES

Mr. Sandy Minkoff, County Attorney, explained this request, stating that he had distributed to the Board a copy of Legislative Act No. 96.217, an Act relating to smoking, which created Florida Statute 386.212. He stated that his staff prepared a draft Ordinance (contained in the Board's backup material), implementing the Act, for the Board's perusal. He stated that the Statute made it unlawful to smoke tobacco within 1,000 feet of schools, from 6:00 a.m. to 12:00 midnight. He stated that it was an unusual Statute, in that it requires that citations that will be issued be in a form prescribed by the County, that the Sheriff can issue. He stated that the proposed Ordinance would implement the Statute and approve the form of the citation.

A brief discussion occurred regarding the matter.

A motion was made by Commr. Gerber and seconded by Commr. Cadwell to approve a request from the County Attorney for approval to advertise an Ordinance creating Chapter 8, enforcement of the Code relating to smoking in, on, or within 1,000 feet of school property.

Under discussion, Commr. Swartz stated that he felt the Board should get input from both the Sheriff and the Superintendent of Schools.

Commr. Good stated that he felt there were more serious crimes for the County to consider than this one, which he elaborated on.

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

Commr. Good voted "No".

It was noted that the Board would advertise the public hearing at a time that would not conflict with school hours (after 5:00 p.m.), to enable students and their parents to attend, for their input.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

On a motion by Commr. Hanson, seconded by Commr. Gerber 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 $1,275.80, in the case of State of Florida vs. James R. Byrd and Luis A. Jimenez-Miranda.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/COUNTY EMPLOYEES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to negotiate a workers' compensation claim settlement of $4,000.00 with Ms. Gloria Lewis.

REPORTS

COMMISSIONER GERBER

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Carl Ludecke to the vacant position on the Impact Fee Evaluation Review Committee.

REPORTS

COMMISSIONER SWARTZ

RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Proclamation proclaiming the month of January, 1997, as Children's Safety and Awareness Month in Lake County.

REPORTS

COUNTY ATTORNEY (CONT'D.)

COUNTY ATTORNEY/ORDINANCES

The County Attorney informed the Board, for informational purposes, that the Ordinance that sets up the County Attorney's Office authorizes the County Attorney to work for any of the Constitutional Officers, as long as it does not interfere, time wise, with representing the Board. He stated that, with the change in the Tax Collector's Office (Mr. T. Keith Hall, Lake County Tax Collector, retired), he felt that the matter should be addressed with the Board. He stated that, currently, his office represents the Tax Collector, the Supervisor of Elections, and the Clerk on a day-to-day basis, which is consistent with current Board policy; however, if the Board objected to his office doing so, he could change the policy of the office.

A brief discussion occurred regarding the matter.

It was the consensus of the Board for the County Attorney's Office to continue with the current policy regarding same.

ADDENDUM NO. 1

REPORTS

COMMISSIONER GOOD

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a Proclamation proclaiming that Monday, January 20, 1997, shall be observed as a day to celebrate the life and dreams of Martin Luther King, Jr.

REPORTS

COMMISSIONER GOOD

COMMISSIONERS/COUNTY POLICY

Commr. Good brought up for discussion the issue of travel expenses and costs incurred by the Board members in attending various events during the year and whether the Board members should pay individually to attend said events, or whether the County should pay said costs.

A brief discussion occurred regarding the matter, at which time it was determined that it would be brought back at a later date, for further discussion.

No action was taken at this time.

REPORTS

COMMISSIONER CADWELL

COMMUNITY SERVICES/EDUCATION/LIBRARIES

Commr. Cadwell informed the Board that he was concerned about the Juvenile Justice System and stated that he felt the County needed to do something about after school programs for school children. He stated that the Sheriff, George Knupp, was also concerned about juvenile crime in the County and the fact that the majority of it was happening during the time that school was out, until 6:00 p.m. in the evening, or the time that parents were home. He requested permission to take the matter to the Recreation Committee and to invite the Chairperson of the Library Board, the Chairperson of the Children's Services Commission, and some non-profit organizations to attend said committee meeting, to discuss what types of service they can provide jointly with the School Board, or the non-profit organizations, with regard to some youth programs for after-school, holidays, and during the summer.

A brief discussion occurred regarding the matter, at which time Commr. Hanson stated that she felt it was a good solution, noting that everybody knows that prevention is a lot cheaper than handling the outcome.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved for Commr. Cadwell to invite the Chairperson of the Lake County Library Board, the Chairperson of the Children's Services Commission, and some non-profit organizations to attend a Recreation Committee Meeting, for the purpose of discussing the feasibility of establishing jointly with the School Board, or the non-profit organizations, some youth programs for after school, holidays, and during the summer.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:05 p.m.



_______________________________

WILLIAM "BILL" H. GOOD, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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