A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 3, 1989

The Lake County Board of County Commissioners met in regular session on Tuesday, January 3, 1989, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk and Actinlg County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

Commr. Swartz requested that, in the future, the Minutes reflect what amendments or changes have been made in the previous Minutes, when it states that same was approved "as amended" or "as corrected".

Commr. Gregg stated that he had some changes to be made on Page 9, concerning the Wekiva River Amendment, being: Lines 4 and 6, where the Minutes state that "considerable discussion occurred" regarding PUD's and the clustering concept (Line 4), as well as commercial uses within the area...(Line 6). He stated that some specific comments were made regarding the issue of PUD's and requested that same be included in said Minutes. He also stated that it was the consensus of the Board to allow commercial uses in the area, and requested that it be reflected as such in the Minutes.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of December 20, 1988, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the following items on the Clerk of Courts Consent Agenda, and authorized proper signatures on same:

Accounts Allowed/Courts-Judges

Satisfaction of Judgment for Walter Hayes, Jr., Juvenile; Geneva Hayes and Walter Hayes, Sr., Parents, in the amount of $50.00 Case No. 88-241-CJ.



Satisfaction of Judgment for Brian J. Johnson, Juvenile, and Rollie Johnson and Brenda Johnson, Parents, in the amount of $50.00 - Case No. 88-1212-CJ.



Accounts Allowed/County Property

Items deleted from Fixed Assets (5), for the month of December, 1988, in the amount of $1,347.75, as follows:



Prop# Dept. Item Amount Reason

233 Surplus Air Conditioner $ 300.00 Junked

550 Surplus Air Conditioner 286.10 Junked

1051 Fairgrnds. Tractor Blade 200.00 Junked

4997 Traffic, Legal Time Clock 200.00 Junked

6354 Surplus Printing Calculator 361.65 Junked

$1,347.75

COUNTY ADMINISTRATOR

CONSENT AGENDA

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following items on the County Administrator's Consent Agenda, and authorized proper signatures on same:

Accounts Allowed/Agricultural Center

Request for partial reimbursement, in the amount of $250.00, to Alice B. Ayers, for expenses incurred in attending National Association of Extension 4-H Agents Conference, in Minneapolis, Minnesota, November 5-11, 1988.



Accounts Allowed/Mosquito-Aquatic Plant Management

State Agencies



Request to purchase three (3) pickup trucks, for Ground U.L.V. and Inspection Activities, for Mosquito-Aquatic Plant Management, at a total cost of $25,844.01, from State II funds.



Accounts Allowed/Fire Protection

Request to purchase a 200 gallon square stainless steel skid tank, by the Northwest Fire District, at a cost of $2,550.00, from Walker Stainless Equipment.



Accounts Allowed/Fire Protection

Request to award bid for parking lot paving at Spring Lake and Lady Lake Fire Stations to low bidder, Allrite Paving Company, in the amount of $3,025.00.



Accounts Allowed/Personnel

Request for Dennis Dorsey to attend the 16th Annual Florida Public Employer Labor Relations (FPELRA) Conference, in Altamonte Springs, January 22-25, 1989, at a cost of $140.00.



Accounts Allowed/Building Department

Request for Jack Bragg to attend the 37th Annual Building Officials Association of Florida (BOAF) Conference, in Tampa, January 29-February 1, 1989, at a cost of $329.00.



Accounts Allowed/Planning & Development

Request to release an Irrevocable Letter of Credit, in the amount of $29,112.60, for reclamation of the Sunshine Peat Mine.



Bonds - Mobile Home

Request for Robert Ruis, South Clermont Area, District No. 3, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted, and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.



Accounts Allowed/Public Works

Request to purchase a new table model 1012 Xerox Copier, for the Leesburg Maintenance Shop, at a cost of $2,370.00.



Accounts Allowed/Road Projects

Request for partial payment No. 3, to Hewitt Contracting Company, Inc., for Project No. 9-88, Lightfoot Road and Alco Road, in the amount of $61,212.60.



Accounts Allowed/Road Projects

Request for partial payment No. 3, to Trac Roadbuilders, Inc., for Project No. 16-88, Kurt Street, Ardice Avenue, and Ruleme Street, in the amount of $14,971.50.

Bids/Road Projects

Request to advertise for bids on No. l-7906, Smitty Road, Design-Build Construction Lump Sum Project No. 5-89.

Bids/Road Projects

Request to advertise for bids on No. 3-4455, Merry Road, Design-Build Construction Lump Sum Project No. 4-89.



Accounts Allowed/Road Projects

Request to award Project No. 6-88, C-413 Widening and Resurfacing (Multilane) "Part" and U.S. 441 Intersection Improvement Design-Build Lump Sum, to Trac Roadbuilders, in the amount of $1,089,411.00, low bid.



Contracts Leases & Agreements/Landfills

Request for cancellation of Solid Waste Franchise No. 30, B & B Refuse.

Contracts, Leases & Agreements/Landfills

Request for issuance of Solid Waste Franchise No. 87, to Hauling Services of Central Florida.

Right-of-Ways, Roads & Easements

Request to accept a release of easement from Florida Power Corporation, in exchange for easement previously granted at the Board Meeting on December 20, 1988.



Right-of-Ways, Roads & Easements

Request to accept a Non-Exclusive Easement, from Alonzo/Adele S. Roberts, No. 2-3215, Hollendel Road.



Deeds/Right-of-Ways, Roads & Easements

Request to accept the following right-of-way deeds:

(For Lot Approval)

Mary B. Creighton #l-7611 Lake Griffin Rd.

Melvin R./Drema A. Geiger #2-4606 Montclair Rd.

Cecil/By-Anne Bodiford #4-4385 Orange Street

(For Approved Road Projects)

Robert J. Hester, III, Trustee #3-4455 Merry Road

C. A. Thornton, Trustee: Earnest #l-6104 Spring Lake Rd.

Bailey, Trustee; and Frank Brown,

Trustee - Trustees for Center Masonic

F. & A.M. Lodge of Fruitland Park, FL

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Commr. Swartz questioned whether each district would share in the cost of traffic modeling, proportionate to each district.

Mr. Jim Stivender, Asst. Director of Public Works, appeared before the Board and briefly explained how the cost would be distributed.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award the Traffic Modeling Contract to Leftwich Consulting Engineers, Inc., dependent upon satisfactory fee negotiations, in an amount not to exceed $25,000.00.

DEPARTMENTAL BUSINESS

COMMITTEES/ENVIRONMENTAL SERVICES

Commr. Bakich stated that he would like authorization from the Board to appoint the necessary individuals to the Solid Waste Management Advisory Board, without having to continually come back to the Board for approval of same, prior to the appointments.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and briefly discussed the various committees being established to assist the County in the development and implementation of solid waste management programs and activities.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the adoption of the Solid Waste Management Advisory Committee structure, and authorized Commr. Bakich to appoint the necessary individuals to the Solid Waste Management Advisory Board, without prior approval by the Board.

LAWS & LEGISLATION/STATE AGENCIES/PUBLIC HEALTH

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request from Social Service Executives, Affiliate of Florida Association of County Officers, for a letter of support, from the Board of County Commissioners, in obtaining signed petitions calling for a constitutional amendment to limit State government from creating programs which mandate local funding, unless a new State source of revenue to fund compliance is provided.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the contract with Control Specialists, Inc., for a traffic study of the intersection of C-470/C-33 and C-48, at a cost of $565.00.

LANDFILLS

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the request to postpone, until February 1, 1989, enactment of the new landfill fee structure, until the scales are operational.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved Change Order No. 1, to Project No. 16-88, Kurt Street, in the amount of $4,925.00.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No 532 - Howard J Simpson and H. James Sisson, Jr.

Mt. Dora Area

No one present wished to discuss the request with the Board.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise road vacation Petition No. 532, by Howard J. Simpson and H. James Simpson, Jr., to vacate platted roads and lots, North Dora and Sunset Heights plats, Mt. Dora Area.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/SUBDIVISIONS/RESOLUTIONS

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the final plat of Wedgewood Club Subdivision; accepted an Irrevocable Letter of Credit, in the amount of $17,000.00, for maintenance; and accepted the following roads into the County maintenance system: Wedgefield Drive (5-6343), Dora1 Drive (5-6344) and Bogie Court (5-6344A).

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Ms. Claire Bartlett, Director of Solid Waste for Lake County, appeared before the Board to discuss a request to purchase a parcel of land for future County use, in conjunction with the final closure of the Astatula Landfill, stating that the property in question is west of the Astatula Landfill site. She stated that what the County is proposing to do, is to put a cap on the Astatula I Landfill, when it is closed, and therefore, will need some place for the stormwater runoff to go. She also stated that the ash monofill will have its own stormwater runoff area, to the east of the landfill.

Commr. Swartz questioned Ms. Bartlett as to whether said property would be needed if the ash monofill is not located at Astatula, to which she responded that it would.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board authorized staff to negotiate with the landowner, regarding the above stated request, and come back to the Board with a recommendation, or possible contract, at a later date.

COUNTY ATTORNEY

OTHER BUSINESS

Mr. Watkins, Clerk and Acting County Administrator, brought to the attention of the Board, for informational purposes only, a letter received from Council Wooten, Jr., Esquire, regarding Helen J. PhiLlips, who fell down the Courthouse stairs and has sought legal action.

PLANNING & DEVELOPMENT/STATE AGENCIES

The Chairman, Commr. Gregg, brought to the attention of those present the fact that the Public Hearing regarding the proposed Wekiva River Protection Act Amendment to the Comprehensive Plan had been postponed until the Board Meeting of January 10, 1989, at 11:OO a.m., in order to allow the issue to be discussed, prior to said Board Meeting, at a Special P & Z Meeting which has been called for Monday, January 9, 1989, at 1:30 p.m.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that at the Board Meeting of December 20, 1988, he requested the Board to authorize execution of the contract with Post, Buckley, Schuh & Jernigan, Inc. to prepare studies necessary in engineering, design, and permitting to construct an ash monofill at the Astatula Landfill, in order to handle the ash residue that would be generated by the waste-to-energy facility, once it is on line. Said contract is for an amount of approximately $250,000.00, plus another $1.8 million for construction of the monofill.

Mr. Findell stated that the Board had indicated that they had several questions they wished to be answered before authorizing execution of the contract, one being the time certain which the County would have to provide a disposal site for the ash that would be generated by the waste-to-energy facility. The contract which the County currently has states that the County will provide a site for disposal of said ash. In other words, at the time that the waste-to-energy facility has ash to dispose of, the County has to have a landfill, an ash monofill, or some alternative available.

The County Attorney injected, at this time, that there is an agreement between the parties involved that sometime between July and August of 1990 is when ash is likely to start being produced, and at such time a disposal site will have to be available.

Mr. Findell stated that, in light of the above stated facts, the contract has been prepared and recommends that the Board authorize execution, with the thought in mind that it will take approximately eighteen (18) months to complete the design and permitting process, as well as construction of the facility.

Mr. Findell also stated that the Board had asked Post, Buckley, Schuh & Jernigan's staff to investigate a number of alternatives to the ash monofill, in order to perhaps avoid the cost of construction of said monoEilL. The items that were looked at, in terms of alternatives, included four (4) things, being: (1) storage of the ash in an enclosed building; (2) storage of ash in railroad cars; (3) hauling ash to an out-of-county facility, such as Hillsborough or Pinellas County; and (4) fixation and use as a daily cover.

Mr. Findell then discussed a synopsis of the investigation of the alternatives, which was included in the packet distributed to the Board on Friday, December 30th, regarding said issue, for their review.

Further discussion occurred regarding the report from Post, Buckley, Schuh & Jernigan; the option of a building versus a monofill landfill; and a report regarding ash and residue management options, at which time Mr. Findell answered questions presented by the Board, such as: what the difference is in the actual design and construction of an ash monofill landfill versus an ordinary landfill; what the time would cost the County, should they need to buy three (3) to six (6) months: and what the chances were of having permitting difficulties. However, no action was taken at this time.

PLANNING & DEVELOPMENT/STATE AGENCIES

The Chairman, Commr. Gregg, again brought to the attention of those present that the Public Hearing scheduled for 10:00 a.m. this date, regarding the Proposed Wekiva River Protection Act Amendment to the Comprehensive Plan, had been postponed until the Board Meeting of January 10, 1989, at 10:15 a.m. He also brought to their attention the fact that a Special P & Z Meeting had been called for Monday, January 9, 1989, at 1:30 p.m., in order to discuss the issue in depth.

At this time, Mr. Steve Richey, Attorney, representing BMK Ranch, which is one of the property owners affected by the Wekiva River Protection Act, appeared before the Board and stated that 40% of 200 plus property owners, in the Wekiva River area, live outside of 100 miles of Lake County, therefore, were not notified of any action regarding the issue through local publications. He requested that the Board mail out, based on the tax rolls, individual notices to property owners in said area of any future action to be taken, regarding the issue. He also stated that the proposed action substantially and materially affects the individuals in said area, beyond a simple comprehensive plan amendment, and feels that when individuals are affected substantially and materially, they deserve more than just a notice in the newspaper, especially when such a large majority of individuals are affected.

Mr. Richey also stated that this was not a small matter, but a major step and requested that the Board do two things: (1) that the County send individual notices to those individuals who are substantially affected and (2) regardless of the consensus of the Board as to which way to go, to slow the process down and let those individuals look at, and study, the proposed amendments, whatever they are, and look at, and study, the act and see where Lake County is, in relation to what the act dictates - to not act quickly, but slowly.

Mrs. Cecelia Bonifay, Attorney, Cummins, Bonifay, Mueller & Judson, appeared before the Board and stated that, if the Board goes forward with said amendment, with only one Public Hearing, and then submits to the Department of Community Affairs (even though a Public Hearing may be scheduled after the fact to review input received) she feels that the public would have a legitimate concern that, in effect, there "as only one Public Hearing on the amendment that went forward to the Department of Community Affairs. She stated that a concern that is being relayed to her, through the general public, is that the issue is being too rushed. She also requested clarification from the Commission (if they are going to a different schedule) as to whether they still plan to conform to the original plans, or will this affect the submission dates to the Department of Community Affairs. She also stated that, so far, this amendment has caused a burden to the property owners, that, in effect, if they want to develop their property, they must show the Board why they should be allowed to, by acquiring the necessary data needed to back up their claims, and feels that the Board needs to work with a concerted effort now, to make this something that is reasonable and what the public feels comfortable with and supportive of, before it ever goes to the Department of Community Affairs.

Mr. Howard Berry, Secretary of the Central Florida Concerned Citizens and Chairman of the Sierra Club of Lake County, appeared before the Board and stated that he feels one can recognize the legal technicalities and comments of the previous speakers, in attempting to slow the process down. In referring to the December 5, 1988 letter to the Board of County Commissioners, from Mr. Thomas Pelham, he indicates a four month period for consideration of this matter and feels that that is sufficient time for anyone concerned to be properly informed.

Commr. Gregg, Chairman, announced that under the circumstances of this item being taken off the agenda, he would like to get a consensus of the Board, as to how they feel about the Public Hearing being postponed until Tuesday, January 10, 1989, at 10:15 a.m., as scheduled, in order to allow the Planning and Zoning Board to have their hearing, and allow the general public to give input regarding the issue. At this time, he polled the various Commissioners, regarding their feelings about the issue. The consensus of the poll was unanimously in favor of postponing the Public Hearing until the time and date specified above, and that the property owners be properly notified.

It was noted, by Commr. Gregg, that the Board is not required, by law, to notify property owners, concerning the issue at hand, however, he felt that property owners should be properly notified when such a drastic change in their property is being affected.

After further discussion regarding notification to the affected property owners, Commr. Swartz suggested that said Public Hearing be moved forward to the Board Meeting of January 17, 1989, at 2:00 p.m., in order to allow proper notification to the affected property owners, especially the out-of-state owners.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the recommendation that the Public Hearing, concerning the Proposed Wekiva River Protection Act Amendment to the Comprehensive Plan, be further postponed until the Board Meeting of January 17, 1989, at 2:00 p.m., with the change to be properly advertised.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ORDINANCES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request by the Chairman, Commr. Gregg, to appoint Mr. Ray Richardson (Azalea Oaks Nursery), and Mr. Cal Jones (Jones & Associates) to the Landscape Ordinance Committee.

APPOINTMENTS-RESIGNATIONS/CLERK/COMMISSIONERS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following recommendations by the Chairman, Commr. Gregg, concerning the Liaison List for the Commissioners:

Elections Chairman, Commr. Gregg

Sheriff/Jail Operations - Chairman, Commr. Gregg

Clerk - Chairman, Commr. Gregg

Property Appraiser - Chairman, Commr. Gregg

Tax Collector - Chairman, Commr. Gregg



It was noted that the above indicated appointments, regarding the Chairman, would be in effect for the present Chairman, as well as his successor, when his term expires.

Included in the motion was approval of the appointment of Mr. James C. Watkins, Clerk, as Chairman of the Historical Museum Board.

RECESS & REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would recess until 10:50 a.m.

COMMITTEES/COUNTY ATTORNEY/CONTRACTS, LEASES & AGREEMENTS

Commr. Gregg brought to the attention of the Board the fact that the Screening Committee, developed a few weeks ago, headed by Commr. Bakich, that is presently seeking resumes for County Administrator, be charged with looking into the County's present contract with Mr. Chris Ford, County Attorney, as well as looking into the feasibility of in-house counsel and the possibility of renegotiating the contract with Mr. Ford.

CONTRACTS, LEASES 8 AGREEMENTS/LANDFILLS (CONT'D)

Mr. Don Findell, Director of Environmental Services, appeared before the Board and introduced Mr. David Dean, Post, Buckley, Schuh & Jernigan, to those present, and then turned the floor over to him.

Mr. Dean appeared before the Board to discuss the Post, Buckley, Schuh & Jernigan report, and proposed contract, concerning the ash monofill landfill, for Lake County. He stated that the ash monofill landfill for Lake County will be the first ash monofill landfill to be permitted in the State of Florida, however, upon being questioned as to how many have been permitted in other states, responded that he did not know at this time.

Commr. Windram questioned what uses ash has, to which Mr. Dean responded that McKay Bay Waste-to-Energy Plant, in Tampa, is currently conducting experiments, and has been for the past two years, to use the residue (bottom ash) as an aggragate in asphalt (called mcasphalt). He stated that it is an R & D type process, at present, and is not commercially available. Also, the Florida Atlantic University is presently doing some experiments with ash, from coal fired power plants, making cinder blocks, which are being used for artificial reefs in the ocean, and have been studying the environmental impact of marine growth around the reefs. He reiterated that both these projects are R & D type projects and are not commercially available at this time. He stated that some day soon, all the ash and residue from waste-to-energy plants will be processed, converted, and used, rather than be put in an ash monofill.

Commr. Gregg questioned Mr. Dean regarding the alternatives to a building (in which to house the ash), as to where the ash can be held until the other landfill is open (which the County has already contracted with Post, Buckley, Schuh & Jernigan to design), and as to whether Mr. Dean felt the building was a viable alternative, to which Mr. Dean responded that he felt it was not, due to the fact that it was only for an eighteen month period, as well as the fact that the County would be taking a gamble in getting their money back out of the building at a future date. He also noted that there was no cost for the land.

Further discussion occurred regarding the landfill, such as the time frame involved: as to why ash has to be treated differently than regular garbage: discussions with DER regarding use of the Astatula site; and as to what size Mr. Dean would recommend building the landfill. Mr. Dean stated that he would recommend designing and building a size that would last for a full five (5) years.

At this time, the Chairman, Commr. Gregg, questioned where the money (a little over one million dollars) is going to come from.

Mr. Watkins, Clerk and Acting County Administrator, stated that a portion of said money is part of the bond issue, with respect to disposal of ash, however, was not sure as to what extent.

Mr. Ford, County Attorney, stated that it was his understanding that the $1 million dollars was to come strictly out of General Revenue funds, which have been set aside for that.

Discussion occurred regarding the safety of an ash monofill landfill, at which time Mr. Dean stated that an ash monofill landfill is much more safer than mixing the ash with waste, which decomposes and generates dangerous acids.

Further discussion occurred regarding the ash monofill landfill, at which time it was decided that this was the only alternative that Lake County presently has.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved execution of the contract, with Post, Buckley, Schuh & Jernigan, for the design and construction of an ash monofill landfill, at Astatula, with the design being for a full five (5) years, and authorized proper signatures on same.

CLERK

Mr. James C. Watkins, Clerk, brought to the attention of the Board the fact that he would be officially sworn in, as Clerk of the Circuit Court for Lake County, for another four (4) years, at a ceremony to be held in his office after the Board Meeting this date, and invited the Commissioners to attend, if they so wished.

PROPERTY APPRAISER/SUITS AFFECTING THE COUNTY

Mr. Ed Havill, Property Appraiser for Lake County, appeared before the Board to discuss a lawsuit between the Property Appraiser's Office and Public Housing Assistance, where Public Housing Assistance filed for tax exemption a few years ago, at which time the Property Appraiser turned the request down. Public Housing Assistance then appealed before the Property Appraisal Adjustment Board, this year, and sued Mr. Havill, as Property Appraiser for Lake County. Mr. Havill. then stated that the defense cost for this case could run as high as $4,000-5,OOO.OO. Since the Property Appraisal Adjustment Board upheld his decision, and 60% of said Board is composed of members of the Board of County Commissioners, he requested the Board's approval to support and provide 60% of the cost of the lawsuit. The remainder of the cost would be requested from the School Board.

After a brief discussion, regarding the lawsuit, at which time Mr. Havill stated that his attorneys plan to win the case, based on the outcome of a similar case in Polk County, the Chairman called for a motion on the matter.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request by Mr. Havill, Property Appraiser, to support the lawsuit indicated above, with the Board's share of the cost not to exceed 60% of $5,000.00, which is anticipated to be the maximum amount of the lawsuit.

COMMITTEES/ORDINANCES

Commr. Swartz brought to the attention of the Board, just for scheduling purposes, the fact that he felt the Mining Ordinance Committee should be scheduled to come before the Board, in possibly a workshop type session. He requested that the Chairman, Commr. Gregg, talk to Mr. Greg Homan, Chairman of the Mining Ordinance Committee, regarding same.

ORDINANCES

Commr. Bakich brought to the attention of the Board the fact that he had received two (2) ordinances, one being the "gun ordinance", which he understood had been delivered by the County Attorney's Office, and questioned whether the other Board members had received same.

After a brief discussion with the County Attorney, regarding same, he stated that he would jet together with him at a later date.

There being no further business to be brought to the attention of the Board, the Chairman adjourned the meeting at 11:30 a.m.

sec/l-5-89