The Lake County Board of County Commissioners met in regular session on Tuesday, April 3, 1990, 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: Michael J. Bakich, Chairman: C. W. "Chick" Gregg; Thomas J. Windram; Richard Swartz; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.

James C. Watkins, Clerk, gave the invocation and the pledge of allegiance was led by Commr. Bailey.

COUNTY EMPLOYEES/PERSONNEL

Commr. Bakich presented Nell Terry, Senior Buyer, Purchasing Department, with the "Employee of the Month" award for the month of March, consisting of a plaque and a savings bond.

Commr. Bakich presented Years of Service plaques to the following County employees:

Vera Williams - Custodial Worker - Public Works - 10 years

Terrance Courneya - County Extension Director - Agricultural Center - 5 years (accepted by Don Findell, Director of Environmental Services)

Russell Swanson - Extension Agent - Agricultural Center -10 years (accepted by Mr. Findell)

Will R. LaMond - Sign Fabricator - Public Works - 20 years (accepted by Jim Stivender, Director of Public Works)

MINUTES

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the Minutes of February 20, 1990, as presented.

Commr. Windram was not present for the vote.

MINUTES

Concerning the Regular Minutes of March 6, 1990, Commr. Swartz stated that, on Page 24, line 20, the Minutes should reflect the names of the Board members that voted against the motion that was defeated.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried, the Board approved the Regular Minutes of March 6, 1990, as amended.

Commr. Windram was not present for the vote.

MINUTES

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried, the Board approved the Special Minutes of March 6, 1990, as presented.

Commr. Windram was not present for the vote.

MINUTES

Concerning the Regular Minutes of March 6, 1990, Commr. Gregg stated that, on Page 10, line 32, the name Bergman & Associates should be changed to Gregg & Associates.

On Page 15, lines 15, 16, 17 and 18, should indicate that an ad would be run for the appointments.

On Page 16, line 8, the word burying should be changed to varying.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to reconsider the Regular Minutes of March 6, 1990.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Regular Minutes of March 6, 1990, as amended.

MINUTES

Concerning the Minutes of March 13, 1990, Commr. Gregg stated that, on Page 24, line 25, the word by should be changed to to.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of March 13, 1990, as corrected.

MINUTES

It was the consensus of the Board to postpone the Minutes of March 20, 1990.

CLERK OF COURTS CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the following:

Accounts Allowed

Request for payment of Warrant No. 118676 through Warrant No. 119177 for the following accounts:

Landfills County Transportation Trust

General Revenue Section 8

Countywide Library Countywide Fire District

Mosquito Control Operating Supplies

Fine & Forfeiture Private Industry Council

Northwest Fire District Bassville Fire District

South Lake Fire District Mt. Plymouth Fire District

Emergency 911 Fund Revenue Sharing

Pasco Fire District Road Assessments

Paisley Fire District Capital Outlay

Aquatic Weed Northeast Hospital

Northeast Ambulance Northwest Ambulance

Bonds - Contractor

Request to cancel the following Contractor Bonds:

0165-90 Harvey L. Spears dba Harvey L. Spears Construction, Inc.

4813-90 William G. Varney

Accounts Allowed/Courts-Judges

Request for approval and signature authorization of the following Satisfaction of Judgments:

Case No. 83-1059-CF, Moses D. Gaines, in the amount of $250.00

Case No. 89-969-CF, Roger Allen Phillips, in the amount of $250.00

Accounts Allowed/Courts-Judges

Request for approval and signature authorization of the following:

Satisfaction and Release of Fine for Wilder Corporation, recorded in Circuit Court Official Record Book 1048, page 0216, in the amount of $765.00.

Jails/Reports

Request to acknowledge receipt of the Florida Department of Corrections, First Annual Inspection Report of the Lake County Jail (Annex), dated March 14, 1990.

Municipalities/Resolutions/Zoning

Request to acknowledge receipt of Resolution No. 122, dated March 12, 1990, by the City of Mascotte, Lake County, Florida, requesting modification or amendment of the Conditional Use Permit (CUP #87/8/4-2) issued to Troy S. Bronson, as "Permittee" by the

Board of County Commissioners of Lake County, Florida.

Planning & Development/Resolutions

Request to acknowledge receipt of a Proclamation from Governor Bob Martinez, dated February 28, 1990, declaring the week of April 7 through 14, 1990, as "National Community Development" week.

CLERK'S OTHER BUSINESS

BUDGETS/COURTS-JUDGES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to amend the County Court budget (Traffic Department), in the amount of $22,050.00, for the funding of two clerical positions to handle additional workload, overtime, and equipment.

SUPERVISOR OF ELECTIONS

BUDGET TRANSFERS/ELECTIONS

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to temporarily transfer $95,148.00, for voting machines, from General Fund Contingency to the Supervisor of Elections Capital Account, until financing is arranged and contingency can be reimbursed.

STATE ATTORNEY

COURTS-JUDGES/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for a Proclamation naming the week of April 22, 1990, as "Victims Rights Week".

COUNTY MANAGER CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following:

County Employees/Personnel

Request for approval and signature authorization on certificates for employees with one and three years of service.

Accounts Allowed/Contracts, Leases & Agreements

Environmental Services

Request for the authorization for the Chairman to execute a contract with Industrial Waste Services, Inc., to provide curbside collection of recyclables, at a cost of $1.89, per household, per month, and request to encumber $45,000.00.

Bonds - Mobile Home

Request for Elwood Littleton, Clermont area, District #3, and Margaret Braun, Lady Lake area, District #l, to live in mobile homes on the same pieces of property on which their conventional dwelling units are being built, subject to the proper bonds being posted and with the understanding that the mobile homes will be removed upon the completion of the conventional dwelling units or upon the request of the Board of County Commissioners.

Bonds - Mobile Home

Request to cancel the Mobile Home Bond for Roy Matsumoto, Clermont area, District #2.

Deeds/Roads-County & State

Request to release the following Murphy Act Deed reservations:

Paul W. & Julie A. Weicherz, No. 2753, 4th Addition to Mt. Plymouth, Sec. A Subdivision

Donald C. & Leona M. Skelly, Nos. 2014 & 2764, Paxton & Sommerville Subdivision of Sorrento

Samuel T. & Madonna L. Kissinger, No. 1804, E. Umatilla Subdivision

Island Enterprises, Inc., No. 1177 & 2652, S. Groveland

Deeds/Right-of-Ways, Roads & Easements

Request to accept the following Right-of-Way Deeds:

For Lot Approval:

A . R. Chapman Burhans Road & Bill Collins Road

A . R. Chapman &

Cynthia Parrish Calhoun Road

A . R. Chapman &

Gloria J. Chapman Calhoun Road

Myrtle Hyatt &

Derwood Hyatt Calvin Lee Road #2-0609

Ethel Lee Brown Timbertop Lane

For Road Projects:

James E. Boyd &

Heidi D. Boyd Thomas Boat Landing Road #5-7940

Archelaus Longley,

Oliver W. Longley &

Wellington B. Longley Thomas Boat Landing Road #5-7940

John G. Rinklin Apshawa Road #3-2035

For Road Acceptance:

Jerry Ellis Rachel Lane

For Site Plan:

Ed Bixby Blossom Lane #1-4834A

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BONDS/JAILS

Mr. Alan A. Thelen, County Manager, stated that this request for the accounting adjustment in the Sales Tax Bond Construction Fund is related to the Criminal Justice Complex.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the accounting adjustment in the Sales Tax Bond Construction Fund, from In-House Support Capital to A & E Space Wetlands, for the new estimate on wetlands mitigations costs, in the amount of $31,500.00.

COMMITTEES/INSURANCE/PERSONNEL

Mr. Gerry Jacobs, Risk Manager, appeared before the Board to discuss the recommendations of the Personnel Committee for two new employee benefit programs. He stated that these recommendations are the result of Requests for Proposals (RFPs) that were sent out in October, 1989. He noted the recommendations as follows:

1 . Group long term disability insurance to be paid for by the employer, at an estimated cost of $9.74, per employee, per month, effective May 1, 1990.

2 . Approval of benefits to be provided under the flexible benefits plan, previously approved by the Board, beginning June 1, 1990, to be paid for by voluntary employee payroll deductions.

3 . Appropriation of $2,500.00 for employee communications materials and document costs to initiate the flexible benefits plan.

Mr. Jacobs stated that, these changes would be paid for from the current fund for group life and health insurance, which would cost $26,000.00 for the remainder of this fiscal year, and

$58,600.00 annually.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Personnel Committee's recommendations, as stated above, for two new employee benefit programs.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS

PURCHASING

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to increase blanket purchase order #58132, with Hellmuth, Obata L Kassabaum (HOK), for the wetlands mitigation, as it concerns the Criminal Justice Complex, by $31,500.00.

CONTRACTS, LEASES L AGREEMENTS/FIRE PROTECTION

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the agreements with the Fire Control District to furnish fire protection to certain

unincorporated areas of the County outside of the fire districts.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, there are six agreements before them, and each one must be approved separately.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the agreement with the Bassville Fire Control District, for the period October 1, 1989 through September 30, 1990.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the agreement with the Pasco Fire Control District, for the period October 1, 1989 through September 30, 1990.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the agreement with the Northwest Fire Control District, for the period October 1, 1989 through September 30, 1990.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the proper signatures on the agreement with the Paisley Fire Control District, for the period October 1, 1989 through September 30, 1990.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the proper signatures on the agreement with the South Lake Fire Control District, for the period October 1, 1989 through September 30, 1990.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the agreement with the Mt. Plymouth Fire Control District, for the period October 1, 1989 through September 30, 1990.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

FIRE PROTECTION/MUNICIPALITIES

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signatures on the agreement between Lake County and the City of Groveland, whereby the City will provide fire protection to certain unincorporated portions of the County, from October 1, 1989 through September 30, 1990, in the amount of $12,000.00.

ACCOUNTS ALLOWED/LIBRARIES/PURCHASING

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval of the blanket purchase orders, for FY 89/90, to the participating libraries in the Countywide Library System.

BONDS - MOBILE HOME

M r . John Swanson, Director of Planning and Development, appeared before the Board to discuss the request for cancellation of an existing Mobile Home Bond and approval of the application for a new Mobile Home Bond for James Williams, Eustis area, District 5. He stated that, this request is to cancel Mr. Williams' existing bond agreement, which had been in violation, and to allow Mr. Williams to reapply for a new bond.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to cancel the existing Mobile Home Bond and approve the application of the new Mobile Home Bond for James Williams, Eustis area, District 5.

BONDS - MOBILE HOME

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request for the cancellation of the Mobile Home Bond for James Hilliard, Eustis

area, District 5. He stated that, the current bond is under its third renewal, and there has been little or no progress done on the dwelling to warrant another renewal.

Mr. James Hilliard, applicant, appeared before the Board and explained the problems which he has been faced with, and requested that the Board extend his bond for six months.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to extend the Mobile Home Bond for James Hilliard, Eustis area, District 5, for six months, beginning from March 19, 1990.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the need for additional appointments to the Executive Advisory Committee for the Comprehensive Plan. He noted that, there needs to be two individuals appointed from the Planning and Zoning Commission, and one member from the Board of County Commissioners.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Commr. Gregg, to represent the Board of County Commissioners, on the Executive Advisory Committee for the Comprehensive Plan.

Commr . Bailey made a motion, which was seconded by Commr. Swartz for the appointment of Greg Homan, to represent the Planning and Zoning Commission, on the Executive Advisory Committee for the Comprehensive Plan.

That motion was defeated, with Commr. Gregg, Commr. Windram, and Commr. Bakich voting "NO".

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Wilson Shepherd, to represent the Planning and Zoning Commission, on the Executive Advisory Committee for the Comprehensive Plan.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the appointment of Jeff Rix, to represent the Planning and Zoning Commission, on the Executive Advisory Committee for the Comprehensive Plan.

BONDS/CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request for the approval of the Final Plat and Developer Agreement for the Palisades Country Club, Phase 1A, and noted that the title is vested in the name of Wolfgang Dueren, as Trustee.

Ms. Annette Star Lustgarten, County Attorney, stated that this request relates to a cash bond to ensure construction of the improvements, with quarterly releases, after proof of construction and payment of all outstanding bills is made up to that point. She added that, this request has also been reviewed by the Public Works Department, and, if approved, could be subject to proper execution by the applicant, prior to the plat being signed and recorded.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the approval of the Final Plat and Developer Agreement, for the Palisades Country Club, Phase 1A.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

MUNICIPALITIES/OUTDOOR RECREATION

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to execute an agreement between Lake County and the Kiwanis Club of East Lake County, Florida, for the use of Federal Revenue Sharing Funds, in the amount of $30,935.00, for the construction of recreational facilities at Sorrento Park. He stated that, the original amount was $30,000.00, and the additional costs are to cover impact fees and other costs.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute an agreement between Lake County and the Kiwanis Club of East Lake county, Florida, for the use of Federal Revenue Sharing Funds, in

the amount of $30,935.00, for the construction of recreational facilities at Sorrento Park.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

MUNICIPALITIES/ROADS-COUNTY & STATE/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to execute Interlocal Agreements with the City of Tavares, for payment of improvement construction costs, for Imperial Terrace East and Banning Beach Subdivision, at a total cost of $70,157.32. He stated that, in 1985 and 1986, the County agreed to pay a one-third share of the road improvements of the projects.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute an Interlocal Agreement with the City of Tavares, for the payment of improvement construction costs, for Imperial Terrace East, in the amount of $35,572.99.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute an Interlocal Agreement with the City of Tavares, for the payment of improvement construction costs, for Banning Beach Subdivision, in the amount of $34,584.33.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept Change Order #2, to Project #3-89, C-452A Extension, in the amount of.$1,566.00, for an additional driveway.

ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS

PUBLIC WORKS

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to award the Request for Proposal (RFP), for the modification of the Lake County fuel facilities, to Pieco Orlando, Inc., in the amount of $4,950.00, which was the only bid.

COUNTY ATTORNEY MATTERS

CONTRACTS, LEASES & AGREEMENTS/INSURANCE/LANDFILLS

Ms. Annette Star Lustgarten, County Attorney, discussed the request for the approval and execution of the First Amendment to the NRG/Lake County Agreement with regard to liability insurance. She stated that, this amendment reduces the insurance coverage on the Resource Recovery Facility, therefore, reducing the premium. She added that, the terms have been negotiated with NRG, and the National Westminster Bank and the Southeast Bank have given their consent to the amendment, which is retroactively effective from August 5, 1989. She further added that, the premium costs are to be reviewed annually.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved and authorized the execution of the First Amendment to the NRG/Lake County Agreement, with regard to liability insurance.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS

Ms. Annette Star Lustgarten, County Attorney, requested the Board to permit her to retain the services of the firm of Muller, Mints, Kornreich, Caldwell, Casey, Crosland and Bramnick, to perform the labor negotiations, on behalf of the County, in response to the County's decision to assume the operation of the jail facility from the Sheriff. She stated that, their proposal will be forthcoming, and their hourly rate of $100.00, is the standard rate they charge for all municipalities and counties.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request of the County Attorney to retain the services of the firm of Muller, Mints, Kornreich, Caldwell, Casey, Crosland and Bramnick, to perform the labor negotiations on behalf of the County.

Commr. Windram questioned the timeframe involved with the County assuming the operation of the jail, and how the negotiating process is performed. To which Ms. Lustgarten responded that, there is a 15 day appeal period until the certification of the bargaining unit. Then, after that time, a representative of the employees and the union would start negotiations, as soon as an appropriate date can be decided. She added that, one of the issues to be negotiated is the effective date the County would take over the operation.

Mr. Alan A. Thelen, County Manager, stated that, there will be several items to be discussed during the negotiations, and that, there is a considerable amount of details that need to be accomplished before negotiating, such as, defining existing benefits and procedures.

Mr. James C. Watkins, Clerk, noted concerns to the impact on other offices, such as, the Finance Department and Property Records Department. He added that, this transition needs to be performed prudently, and the proper audits need to be performed.

COMMISSIONER BUSINESS

LANDFILLS/MUNICIPALITIES

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Astor-Astor Park Cemetery Association, a nonprofit corporation, for the waiver of fees, in the amount of $6.00, to take materials to the Astor Transfer Station.

ACCOUNTS ALLOWED

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for confirmation from the Board concerning financial items which needed to be paid prior to the Board meeting.

COMMUNICATIONS/COUNTY MANAGER

Commr. Bakich brought to the attention of the Board that the County should consider purchasing a Facsimile (FAX) machine for the.County Manager's Office.

Mr. Alan A. Thelen, County Manager, noted that, the Administrative Services/Budget Office has recently received a FAX machine, and he feels that it would be beneficial to have some located in the Old Courthouse.

No action was taken at this time.

LAWS & LEGISLATION

Commr. Swartz brought to the attention of the Board some information he had received from J. T. Griffiths, Citrus Grower Associates, Inc., of Lakeland, concerning the proposed Bluebelt Amendment Implementation Act.

No action was necessary at this time.

COMMUNICATIONS/MUNICIPALITIES

Commr. Swartz requested the Board to review and discuss the Tavares and Citrus County cablevision ordinances, regarding nondiscriminatory rates, for the unincorporated areas of Lake

County. He felt that, adopting this type of ordinance would encourage competition between the cable companies.

Ms . Annette Star Lustgarten, County Attorney, stated that, there is Federal legislation and state statutes that control what the County is permitted to do concerning cable companies, and that she will provide those laws to the Board for their review. She stated that, the County's ordinance will include the nondiscriminatory language. She is also reviewing whether that

language can be retroactively effective, so that it can be applied to existing franchise holders. She added that, this ordinance will set up the standards and guidelines desired by the Board.

Commr. Gregg questioned the possibility of holding an annual meeting with all of the member governments involved, and Cablevision, and perform the survey, as allowed in the franchise agreement. To which Mr. Alan A. Thelen, County Manager, responded that, he had discussed that possibility with the League of Cities at their last meeting, and the intent is to find the proper time to schedule a meeting. Mr. Thelen added that, there is some question about the survey, since the League of Cities has done some survey work themselves, therefore, it needs to be determined whether the County still has the right to perform a survey.

Commr. Swartz stated that, the County should retain someone within the cable consulting services, to perform a survey which can be relied on, in order to take the desired action regarding the franchise with Cablevision, so that it can be determined whether they are meeting the requirements of the contract. He added that, the cities may want to work with the County on the development of a standard ordinance to follow.

Mr. Thelen noted that, Harold Horne, Head of Urban Studies, who the City of Leesburg has used in the past, would possibly be able to assist the County with the surveys. He added that, as franchises are renewed the County and municipalities should have a standard to follow so that the whole area would follow the same guidelines.

Commr. Swartz stated that, the County may wish to work with the cities to assist in the funding of the consultant who will develop the ordinance.

No action was necessary at this time.

COMMITTEES/ORDINANCES/OUTDOOR RECREATION

Commr. Bailey stated that, under the present Tourist Development Ordinance there are two things that the Tourist Development Council (TDC) can achieve, which is, buying land and constructing buildings. He further stated that, the ordinance needs to be expanded in order to develop the County owned property at Highway 19/27/Turnpike. He added that, the TDC and the Industrial Development Authority (IDA) has been working together towards the development of that property.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that state statute required, when the Tourist Development Tax was established, that a plan be created, which is the plan under which the TDC is currently operating. That plan was very limited, which permitted only the acquisition of land for a convention center, exhibition hall/center, and recreational/sports complex, and development of that particular facility. The TDC has determined.that, due to a feasibility study which was performed, it was not feasible to do the above mentioned facilities in Lake County, therefore, the TDC wishes to expand their powers.

Ms. Lustgarten noted that, the proposed ordinance outlines the areas in which the TDC funds can be expended, its new powers, and the ability to appoint personnel necessary to run any programs and/or facilities that may be constructed with TDC funds. She added that, the TDC has the ability to pay for the costs associated with the infrastructure in order to develope the site.

Ms. Lustgarten informed the Board that, this proposed ordinance requires four votes by the Board to become enacted.

Mr. Robert J. Zahradnick, a member of the TDC, appeared before the Board, and reiterated what Commr. Bailey stated, and further noted that, this proposed ordinance is vital to tourism in Lake County. He urged the Board to approve the advertisement of this proposed ordinance.

Mr. Buddy Buie, a member of the TDC, appeared before the board and stated that, the previous ordinance was very constrictive in its powers and did not allow the TDC to make any progress. He added that, boundary lines of the property will need to be determined between the TDC, IDA, and the Lake County School Board. He discussed the recreation/tourist related activities which could be developed on the property.

Commr. Gregg discussed the possibility of the County acquiring the sewage treatment operation now operated by Southern States Utilities which is located in the area and is expandable. Mr. Alan A. Thelen, County Manager, stated that, staff has discussed the above stated possibility with the consultants who are currently working on the water and sewer study for the County, and they have indicated that, the site of the Southern States plant is an excellent site for such.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for permission to advertise the amended Tourist Development Plan for Public Hearing.

RECESS & REASSEMBLY

At 10:35 a.m. the Chairman announced that the Board would take a brief recess until the next scheduled agenda item.

BUILDING DEPARTMENT/CODE ENFORCEMENT/COMMITTEES

LICENSES & PERMITS

Mr. John Swanson, Director of Planning and Development, appeared before the Board and stated that, the Board of Building Examiners has expressed some concerns over their limited ability to impose penalties for violations that occur to the state statutes.

Ms. Annette Star Lustgarten, County Attorney, stated that, the Board of Building Examiners receives their authority pursuant to Lake County's Code of Ordinances, Chapter 6, which allows them control over non-state certified contractors that are required to be licensed in Lake County. She noted that, one problem is that, they have limited power in the remedies that are available to them, when they discover someone has violated a provision covered by Chapter 6. They are only allowed to prohibit the violating contractor from pulling a building permit in Lake County, when they have found a violation on a state certified contractor that has committed fraud or a willful violation of a building code provision. They do not have the authority to revoke the license of a state certified building contractor, but do have authority over those that are licensed within Lake County.

Commr. Gregg questioned whether the Board of Building Examiners can require the state certified contractor to remedy the situation if there has been a workmanship problem or a code violation, and if that contractor does not remedy the situation, withhold their right to pull permits in Lake County. To which Ms. Lustgarten responded that, the Board of Building Examiners cannot suspend the state certified contractor's right to pull permits in Lake County for those stated reasons, only on the condition of fraud or willful violation, or if some other state licensing board has determined that those conditions have occurred in another County.

Ms. Lustgarten stated that, in the last Legislative session, the Legislature amended the laws that apply to Board's of Building.Examiners, as well as, Code Enforcement Board's, creating the ability of designated Code Enforcement Officers to issue citations. She noted that, the current procedure requires a violator of a code or a license to appear before the Board of Building Examiners or the Code Enforcement Board. She further noted that, the issuance of a citation enables those cases to be brought to County Court and the appropriate fines imposed.

Ms . Lustgarten informed the Board that, the new state statute regarding Board of Building Examiners, permits, should the County choose to adopt an ordinance granting citation power to Code Enforcement Officers, the Board of Building Examiners to deal with unlicensed contractors. That contractor would have the opportunity to appear before the Board of Building Examiners to appeal the citation to determine whether they are an unlicensed contractor, and if such determination is made, the Board of Building Examiners has the power of imposing a fine up to $500.00. Before this new law became effective, the Board of Building Examiners did not have any fining power.

Ms. Lustgarten noted that, the statute is very convoluted and highly involved in attempting to give this fining power to the Board of Building Examiners. She added that, this citation power is also granted to the Code Enforcement Board.

Ms. Lustgarten stated that, Lake County is in the process of revising the Code Enforcement Board's Ordinance because it is inconsistent with the state statute as it now exists.

Considerable discussion occurred regarding the County's ability to deal with licensed contractors within the County and contractors that are certified with the state.

Mr. Jack Bragg, Building Official, appeared before the Board and stated that, the Board of Building Examiners usually hears six to 12 cases per month concerning licensed contractors, and discussed the problems they encounter trying to resolve these cases.

Ms . Lustgarten noted that, this new legislation permits the transfer of the power to handle violations now performed by the Code Enforcement Board to the Board of Building Examiners.

No action was taken at this time.

ACCOUNTS ALLOWED/COMMUNICATIONS/SHERIFF'S DEPARTMENT

Mr. Alan A. Thelen, County Manager, discussed the request by the Sheriff to upgrade the communications system within the Sheriff's Department. He added that, the Board had requested staff to review whether a comprehensive plan needed to be performed for communications within the County, for which Mr. Lonnie Strickland, Director of Health and General Services, had indicated that it had recently been performed, and it was not necessary to do it again.

Ms. Gina Blakely, Communications Supervisor, Sheriff's Department, appeared before the Board and discussed the problems that the Sheriff's Department has been experiencing with the present radio equipment. She noted that, at times, they are unable to communicate with the deputies that are on the road because of "dead areas", mainly in the Astor area and south of Clermont.

Ms. Blakely stated that, new repeaters and satellites would provide better coverage in the above stated areas, and would tremendously benefit the Sheriff's Department. She stated that,

currently repeaters are located in Paisley, Clermont, Leesburg and Tavares, and 90 percent of the time the Paisley and Clermont towers are disabled. There have been times when they have not been able to reach officers for approximately 25 minutes, which presents an extreme danger to those officers.

Ms. Blakely noted that, the new communications equipment requested also provides for new radio consoles for the dispatch center. Those consoles would be expandable, as well as, compatible with the County's Emergency Services Department.

Ms. Blakely added that, the communications problems have been occurring since approximately 1984, and continue to get worse each year.

Deputy Mel Bishop, Sheriff's Department, who patrols mainly in the Astor area, appeared before the Board and stated that, it is rare that he has walkie-talkie transmission capability within the Astor/Ocala Forest zone. He added that, at times, there is no base unit communication capability, and if the Paisley repeater is.disabled or in bad condition, there is a tremendous amount of static and other disturbances making it impossible to communicate. Also, if the Clermont repeater is down, it cannot be keyed at all for communication.

Deputy Chester discussed a problem he encountered when attempting to foil a burglary which was in progress, and was in need of another deputy for backup. By the time backup was contacted, the burglar was lost. He added that, if he is away from his unit, he cannot be reached and has no communication at all. Mr. Robert K. McKee, Chief Deputy Clerk, stated that monies

from the Law Enforcement Trust Fund could be utilized for the purchase of this equipment, for which there is presently an approximate balance of $43,000.00. He noted that, the purpose of this fund is to enhance the technical capabilities, in the form of capital purchases and training, for the Sheriff's Department, or for other law enforcement purposes deemed appropriate by the Board of County Commissioners, excluding normal operating costs. He felt that, the upgrading of communications equipment for law enforcement purposes does fall within the statutory purvue for allowing the use of this fund for such expenditure. He added that, the Sheriff must make the request to the Board for the transfer of these funds, as opposed to the Board requiring that the Sheriff use these funds for that purpose.

Commr. Bakich noted that, he would support the request for new communications equipment, if the initial payment was taken from the Law Enforcement Trust Fund; then, working with the Sheriff's Department to budget the continued payments, on an annual basis. He added that, he does not feel that the money should be taken out of the Contingency Account.

Mr. Thelen stated that, if the Law Enforcement Trust Fund monies are utilized, the Board could supply the remaining approximate difference of $3,200.00, from the requested amount of $46,215.40 for the inital payment to obtain the new system.

It was the consensus of the Board to recommend to the Sheriff, the he authorize the request to take approximately $43,000.00, from the Law Enforcement Trust Fund, with the Board supplying the balance, in the approximate amount of $3,200.00, from the County's Contingency Fund, for the purchase of new communications equipment for the Sheriff's Department.

Mr. McKee stated that, the Clerk's Office would establish the present balance of the Law Enforcement Trust Fund, in order to provide an accurate figure to work with.

RECESS & REASSEMBLY

At 11:45 a.m. the Chairman announced that the Board would recess for lunch until 2:00 p.m. for the scheduled Public Hearing.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES/LANDFILLS

Mr. Alan A. Thelen, County Manager, addressed the option of County versus private ownership of the Waste to Energy Facility. He noted that, at a previous Board meeting, the Board voted to inquire if Ogden Martin would consider the County owning the facility. He stated that, Ogden Martin indicated they would be willing to consider that change, as long as the operation of the facility is under the current service agreement; the County reimburse them for the $5 million equity contribution that Ogden Martin made to the facility in 1989, and "the tax credit" currently at $4.9 million; and that Ogden Martin would not be required to make the $5 million contribution as stipulated under the current contract, whereby Ogden contributes $1 million, each year, of the first full five years of operation.

Mr. Thelen noted that, if the facility was under public ownership, property taxes would not be paid, which amounts to approximately $720,000.00, per year, also, there would be no tax on the pollution control equipment during its lifetime.

Mr. Thelen discussed the value of the plant in the year 2014 and 2019, using a 30 year amortization period.

Mr. Thelen suggested that, the County not try to open up the contract for the sole benefit of the County, since the County would need to assemble a team of experts to deal with the total contract and would be very costly. He felt that, the County should try to be more flexible with the garbage and trash flow because that aspect.could be dealt with to benefit the users of the facility.

Ms. Annette Star Lustgarten, County Attorney, addressed the issue of who pays for the cost to dispose of ash resulting from out-of-County waste. She noted that the agreement provides that Ogden shall pay for the cost of the disposal of ash derived from out-of-County waste brought in by Ogden, and the County shall pay for the cost of disposal of ash for out-of-County waste brought into the County on behalf of the County.

Commr. Swartz felt that Ogden should share in the cost of the disposal of the ash brought in from out-of-County on behalf of the County, since the County has committed to more tonnage than it can supply if it aggressively recycles.

Commr. Bakich noted that, at this point, a great deal of composting and recycling is not yet being made for which the tonnage would be lacking as much as Commr. Swartz alludes to.

Commr. Gregg stated that, at a previous meeting, the Board voted to remain with the 133,000 ton rate. He feels that, there is a market which will bring in that amount, also allowing the County to recycle as aggressively as it can. He also stated that, if the County brings in the out-of-County garbage in, on behalf of the County, the County should be responsible for the ash, not Ogden Martin.

Commr. Swartz felt that, there is a difference of opinion concerning what the cities are doing in regards to recycling. He feels that, some cities will recycle aggressively because of the

monies that can be saved by keeping those items out of the waste stream.

Commr. Bakich noted that, the incinerator was built with future expectations in mind, in terms of the growth of Lake County.

Mr. Joe Treshler, General Manager, Marketing and Operations, Ogden Martin Systems, Inc., appeared before the Board to address how Ogden would handle hazardous waste if it reached the facility. He noted that, at present, whichever party is responsible for bringing that hazardous waste to the facility, would bear the cost for its proper disposal. He pointed out that, the amount of hazardous waste that has been delivered to any of their facilities has been extremely minimal, due to the fact that they have a very effective screening process and strict rules to abide by.

Commr. Swartz questioned Ogden's plan for the screening of hazardous waste at the Lake County facility. To which Mr. Treshler responded that, they would randomly screen several loads per day coming into the facility on an unannounced basis. Mr. Treshler added that, the workers manually screen the waste, searching for large quantity problems that may be camouflaged within the waste.

Mr. Treshler further added that, a severe penalty could be placed upon the carrier who brought in the illegal waste, by the County, since Ogden is unable to enforce legal action against the hauler.

Mr. David Sokol, President, Ogden Martin Systems, Inc., appeared before the Board and stated that, they can enforce the rules that the County applies, ensure that the Sheriff is aware that a hauler has brought in illegal waste, and impound their truck; but, Ogden does not have the legal power to fine the hauler. He noted that, Ogden has the ability to disallow that hauler to return to the facility, pursuant to state and Federal laws.

Commr. Swartz questioned what would be the best way that Lake County can ensure that hazardous materials do not fall into the waste stream or the ash. To which Mr. Sokol responded that, they can ensure that a hauler bringing in hazardous waste loses its right to haul garbage in the County; hold periodic household and hazardous waste days; and incorporate a battery recycling program, which could be included within the household and hazardous waste program.

Commr. Swartz noted that, he was concerned that the establishment of collection points for hazardous waste is not the best way to get rid of such waste, and that, a curbside program

would be more advantageous.

Mr. Sokol addressed whether Ogden would accept part of the risk for uncontrollable circumstances relating to new environmental laws at the request of the client community. He stated that, they have no problem negotiating with the County to deal with this type of request, however, with this additional risk, there are additional.costs to the County for Ogden taking that risk. He further noted that, additional fees, in excess of $2 million per year, have been accepted by other client communities in order for Ogden to assume those additional risks.

Mr. Don Findell, Director of Environmental Services, addressed the issues of pre-sorting and environmental monitoring. He stated that, pre-sorting maximizes the ability to separate recyclable and hazardous materials from the waste stream prior to incineration. He further stated that, the disadvantages are, the high cost; the contamination of recyclable materials; and the convenience, because the more convenient it is for the consumer, the less incentive there is for the consumer to recycle. He noted that, the Recycling Subcommittee recommends that curbside recycling be implemented by the County rather than mixed solid waste processing.

Commr. Swartz questioned what the County needs to do in order to more aggressively recycle in the County, and ensure that it is also done in the cities. To which Mr. Findell responded that, the County would need to spend more money and accelerate the amount of households served to achieve that goal. Mr. Findell further added that, the cities can initiate their own program or become part of the proposed County program.

Mr. Findell discussed the environmental monitoring issue and stated that, currently, the amount of monitoring the County does is to test the ground water at Astatula where the ash monofill will be located, for which fifteen monitoring wells will be installed around the ash monofill. The ash will be tested for the presence of heavy metals and organic compounds. Mr. Findell stated that, there is no criteria to meet for the ash, but it is tested to determine what percentage of metals and organics are in the ash, which provides an indicator for the potential of contamination.

Mr. John Gentry, Deputy Director, Division of Waste Management, Department of Environmental Regulations (DER), appeared before the Board and stated that, in the new rules of DER pertaining to the management of ash, it is required that the ash be analyzed, and the leachate produced in the disposal of the ash be analyzed. Be added.that, although there are no specific standards to comply with, DER is trying to establish a baseline for facilities around the state, in terms of metal concentrations in the materials, which will in turn indicate how successful recycling efforts are, in keeping hazardous waste out of the waste stream.

Commr. Gregg questioned whether DER would be willing to contract with the County for the monitoring of the air. To which Mr. Gentry responded that, he could not commit to that at this time, due to it being the responsibility of the District Manager, but he would address that request to the proper individual.

Mr. Sokol stated that, the air permit monitoring requirements stipulate that the emissions of the stack acid be continously tested, on a 15-minute interval basis, including the chemical analyses of the ash and groundwater monitoring.

Mr. Clare Fancy, Bureau of Air Regulation, stated that his agency has a standard concerning mercury in the air permit which would need to be met.

Mr. Sokol discussed the regulations that govern what can leave the landfill as leachate. He noted that, the leachate must pass, clearly defined, state and Federal standards, or it must be treated, meeting the clean water standards.

Mr. Findell noted that, staff recommends that off-site monitoring for soil and air be implemented; that the pollution control equipment and the operation of the incinerator be monitored; that independent contractors be hired to carry out those above stated items; and that the County staff prepare Requests for Proposals (RFPs) to hire someone to achieve those above stated items.

Mr. Julian Jucha, a resident of Umatilla, appeared before the Board, in opposition to the incinerator, and questioned whether, due to hazardous materials being brought in, could the hazardous ash from that input be taken back to whence it came. To which Commr. Bakich responded that, it was not the Board's intention to take hazardous waste into the incinerator, and the County will only be taking in garbage from areas that have "clean" garbage.

Commr. Gregg informed Mr. Jucha that, under the present contract, it indicates that, if the person responsible can be identified, it is their obligation to remove that hazardous waste from the plant.

Ms. Marilyn Bainter, a resident of Lake County, appeared before the Board, in opposition to the incinerator, and discussed concerns to the management of trash without considering its components, referring to an article in the Environmental Protection Agency (EPA) Journal. She stated that, she is requesting that her tax bill be kept as low as possible and her family as safe as possible.

Mr. Dick Seron, a resident of Tavares, appeared before the Board, in opposition of the incinerator, and discussed the possibility of a State Grand Jury being called in to investigate the circumstances relating to the present contract with Ogden Martin.

Mr. Robert Willetts, a resident of Umatilla, appeared before the Board, in opposition of the incinerator, and stated concerns to asbestos which could be contained in the ash.

Mr. Newell Cook, a resident of Eustis, appeared before the Board, in opposition to the incinerator, and stated concerns to the environment relating to toxic hazards which may be released by the incinerator.

Ms. Mary Hadden, a resident of Leesburg, appeared before the Board, in opposition to the incinerator, and shared some excerpts of a paper she had received from Senator Reed of Nebraska, concerning lead and sludge exposure.

Mr. Reuben Hossi, a resident of Marion County, north of Yalaha, appeared before the Board, in opposition to the incinerator, and discussed concerns relating to the monitoring of the oxygen, carbon monoxide, sulfur, and smoke, from the incinerator's stack, and the problem of mercury being released into the environment.

Ms. Rhonder Gerber, a resident of Leesburg, and a member of Common Sense Ecology, appeared before the Board, in opposition to the incinerator, and stated concerns to the mercury released in the environment by the incinerator, and urged the Board to implement a curbside battery recycling program.

Mr. Dan Eastwood, a resident of Tavares, appeared before the Board, in opposition to the incinerator, and stated that, the County should implement aggressive recycling and composting programs, since it would improve the performance of the incinerator and reduce the ash. He also discussed the County owning the facility versus Ogden Martin owning it.

Ms. Karen Turville, a member of the Lake County Conservation Council, appeared before the Board, in opposition to the incinerator, and read a statement from that group, which supports the staff's recycling recommendations, and suggested that the County not accept any out-of-County waste.

Mr. Frank Kutch, a resident of Leesburg, appeared before the Board, in favor of the incinerator, and discussed infrastructure, the affordability of jails and schools, and economic development within Lake County. He also discussed the hazards that are involved with the present type of landfill.

Mr. David Marshall, a resident of Fruitland Park, appeared before the Board, in support of the incinerator, discussed coal ash, and stated that the action Lake County has taken is one of the most progressive types of programs that is available in the United States and commends the County for implementing it.

Mr. Steve Vaughn, a resident of Mt. Dora, appeared before the Board, in favor of the incinerator, and stated that, several years ago, a DER Director informed him that the emissions from the cars and trucks in Okahumpka will put more pollutants in the air than the incinerator will.

Mr. Bob Barrows, a resident of Leesburg, appeared before the Board, in support of the incinerator, and stated that, the County needs to pay off the bonds which have been sold concerning the facility, and that as the trash volume increases in the future, there will be an increased need for the incinerator.

Mr. Len Williams, a resident of Eustis, appeared before the Board, in favor of the incinerator, and stated that, he feels that private industry should own the incinerator and urged the Board not to back out of the current contract.

Ms. Marian McKinney, a resident of Lake County, appeared before the Board, in support of the incinerator, and stated concerns due to the fact that the County has been operating a landfill without a permit, only a consent order, because it is contaminated. She noted that, from the nursing standpoint, it will be beneficial to burn the medical wastes rather than burying it.

Commr. Bakich questioned how much money would be lost, annually, to the School Board, in tax dollars, if the County were to take over the ownership of the incinerator. To which Mr. Thelen responded that, between $450,000-500,000 would be lost, on an annual basis, due to the fact that, under private ownership the company pays the taxes and the County reimburses them, and under public ownership those taxes would not be present.

Commr. Gregg stated that, the County sponsored the Industrial Revenue Bonds to construct the facility and the County has no liability involved in those bonds. He noted that, Ogden Martin is responsible for paying back those bonds with revenues derived from a service fee. He further stated that, as far as the cost to the taxpayers of Lake County, it is a break even situation, whether Ogden owns the incinerator or the County does.

Commr. Swartz noted that, he was concerned with no considerations having been made for the residual value for the facility, in December, 1988, when it was presented to the Board. He added that, if owning the incinerator is better for the County, economically, the Board should consider doing so.

Mr. Thelen stated that, private ownership could be $2 million plus or minus, based on the assumptions used in approaching the determination of the value of the plant in the year 2014. He added that, if the County owns the facility the tipping fees will go up in the early years because the County will not be getting the $5 million contribution in the first five years as Ogden Martin has committed to.

Considerable discussion occurred regarding the advantages and disadvantages of public versus private ownership of the incinerator.

Commr. Gregg questioned whether Ogden Martin would be agreeable to selling the facility a year from now if the County desired to purchase it. To which Mr. Sokol responded that, they would consider it, but several things would need to be taken into consideration, such as, the obligation to fill the plant; and that the tipping fee would go up, per homeowner, the first 13 years of the project, because the $5 million that Ogden would contribute would be lost and additional debt financing would need to be instilled. Mr. Sokol added that, the cost of exiting the contract would need to be added to the selling price.

Commr. Gregg recommended that, the staff aggressively implement the curbside recycling program within the County, as soon as possible. He further recommended that, the County perform environmental monitoring independently, by way of in-house staff or contracting out.

Commr. Gregg requested Ogden Martin to participate in the cost of the environmental monitoring. To which Mr. Sokol responded that, Ogden would be willing to pledge $100,000.00, to be utilized by whatever party is assigned to perform the monitoring, under the conditions that the County inform them, at this time, whether or not hey wish to purchase the plant.

Commr. Gregg recommended that, the County not purchase the plant, and continue as it presently is, with Ogden Martin owning the plant.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved to accelerate curbside recycling within the County; implement independent environmental monitoring, with Ogden Martin pledging $100,000.00, for the accomplishment of that endeavor; and that Ogden Martin continue owning the plant.

Commr. Swartz questioned the extent of the aggressive recycling, and whether the County will insist that the cities also be included. To which Commr. Gregg responded that, it is in the cities' best interest that the County do whatever possible to assist them, such as, by organizing the cities' program with the County's if the cities chose to do so.

Commr. Swartz stated that, it is critical that the County and Ogden only select approved garbage from out-of-County sources. He further added that, he would still like to pursue private versus public ownership of the facility.

RECESS & REASSEMBLY

At 4:OO p.m. the Chairman announced that the Board would take a brief recess.

ZONING

PUBLIC HEARING #13-90-2 A to PFD City of Leesburg

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board to discuss a request for rezoning from A (Agricultural) to PFD (Public Facilities District), for an effluent land spreading operation for the City of Leesburg.

Mr. Stubbs noted a change that staff had requested to the revision, whereas, under "Physical Characteristics", it should reflect "... the site is characterized by approximately 75%..."

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss two issues that had not been resolved when the City and County staffs met. One of the issues involved language contained in the violations clause of the PFD, which currently allows the Board to suspend the PFD, or order a reduction in effluent disposal, should the City violate any provision of the PFD. He stated that, the City desires to amend this language to allow the Board to suspend the PFD, or order a reduction in effluent disposal, only after a "material" violation of the PFD.

Ms. Annette Star Lustgarten, County Attorney, stated that, legally, she has no problem with inserting the word "material" into the statement, but she would like to add "or repeated violations" also.

Mr. Fred Morrison, attorney representing the City of Leesburg, stated that, he has no problem with inserting the above stated language.

Mr. Findell noted that, the second issue involved language contained in the provision regarding the City's responsibility to provide a substitute potable water source for anyone in the area whose private well is determined to be unusable, as a result of the effluent disposal operation. He stated that, the City has concerns that the present language would require them to set up a dual pricing structure and violate their bond covenants.

Mr. Morrison stated that, the issue is whether the City provides free water, or charge what all other residents are charged. He added that, the City is willing, if there is an impact on those wells, to run the infrastructure (lines, etc.) to that area, at City cost. The City feels that, it is unwise to provide the water at no more cost than the resident currently pays, because it is difficult to determine what a resident pays for water, when it is coming out of a well: and it conflicts with the state policy to discourage the misuse of water.

Mr. Alan A. Thelen, County Manager, questioned that, if something happened to the wells and an extension had to be made, would the agreement preclude the residents from suing the City for damages. To which Mr. Morrison stated that, the agreement could not keep anyone from suing for damages.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for an effluent land spreading operation for the City of Leesburg, amended as follows:

1. Page 1 of the proposed amendments, under "Physical Characteristics" insert "approximately".

2. Page 2 of the proposed amendment, under old Number 7, which is now Number 6, insert "Any material violations, or repeated violations, of the Performance Standards..."

3. Page 4 of the proposed amendments, under Number 16, in the last portion of the last sentence, "If it can be shown that this project adversely impacts existing water users, an appropriate alternate water supply will be furnished by the Permittee 'at the same rate per in-City residents to the extent bond covenants are not impaired'."

There being no further business to be brought to the attention of the Board, Commr. Gregg made a motion, which was seconded by Commr. Bailey and carried unanimously, for the the meeting to adjourn at 4:30 p.m.

MICHAEL J. BAKICH, CHAIRMAN

JAMES C. WATKINS, CLERK

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