A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 14, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, August 14, 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; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.

MINUTES

The Board postponed action on the Minutes of July 17, 1990 and July 24, 1990 Town Meeting.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant #124142 through Warrant #124431 for the following accounts:

County Transportation Trust General Revenue

Northwest Fire District Fine & Forfeiture

Countywide Library Landfills

Countywide Fire District Animal Shelter Trust Fund

Capital Outlay Pasco Fire District

Paisley Fire District South Lake Fire District

Section 8 Mosquito Control

Private Industry Council Bassville Fire District

Emergency 911 Fund Commissary Trust Fund

Road Impact Miscellaneous/Gas Fund

Revenue Sharing Aquatic Weed

Mt. Plymouth Fire District Northeast Hospital

Law Library



Accounts Allowed/Reports

Monthly distribution of Revenue for Traffic/Criminal Cases for the month ending July 31, 1990, in the amount of $141,962.37.



PUBLIC DEFENDER

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Criminal Conflict Contract between the Board of County Commissioners, Michelle Morley, and the Public Defender, Howard Babb.

COUNTY MANAGER'S CONSENT AGENDA

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

Accounts Allowed/Health & General Services

Request for authorization of payment for an Orlando Regional Medical Center inpatient claim, under the Health Care Responsibility Act, in the amount of $29,294.16.



Planning & Development/Subdivisions



1. Request for preliminary approval of Hasson Ridge Subdivision (16 lots in District 3).



2. Request for preliminary approval of Stratford Subdivision (20 lots in District 5).



3. Request for preliminary approval of Green Meadows Subdivision (24 lots in District 1).



4. Request for Final Plat approval for Pennbrooke, Phase 1-3 (71 Lots in District 2).



Deeds/Right-of-Ways, Roads & Easements



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



Road Projects:



Dennis L. Horton Apshawa Road #3-2035

Veramar, Inc., a Delaware

Corporation Apshawa Road #3-2035



Accounts Allowed/Public Works



Request to purchase one 1 1/2 ton vibratory ride-on roller and trailer from Case Power and Equipment Company, at a total cost of $17,823.00.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BUDGET TRANSFERS

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the following request for budget transfers:

1. General Fund, Health & General Services Department,

from Reserve for Contingency to Aids to Private

Organizations, in the amount of $5,345.00.

2. Emergency 911 Fund, Health & General Services Department,

from Personal Services ($24,420.00), Operating

Expenses ($19,000.00), Capital ($4,000.00), Contingency

Reserve ($6,146.00) to Operating Expenses, in the total

amount of $53,566.00.



3. County Transportation Fund, Public Works Department,

from Capital to Operating Expenses, in the amount of

$46,943.00.



COUNTY MANAGER

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to encumber an additional $2,000,000.00, plus the additional 2% as necessary, for the blanket purchase order with Barton-Malow Company.

COMMITTEES/JAILS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board and stated that a video tape of what has transpired to date, regarding the Lake County Criminal Justice Facility, has been prepared for the Board's review. At this time, Mr. Anderson turned the presentation over to Mr. Mike McCabe, Barton-Malow.

Mr. Mike McCabe, Barton-Malow, appeared before the Board as narrator of the video involving the work to date of Prelude and the main jail site. Mr. McCabe stated that the main jail site has been bid out, with contracts being issued at approximately $468,000.00 lower than the GMP (Guaranteed Maximum Price) issued to the County. He stated that they hoped to begin the site work on the north side of Main Street in October, and would anticipate construction on the Courthouse in January. Actual construction has started on the main jail site.

Mr. Anderson stated that a tour has been scheduled for tomorrow for the Correctional Officers and personnel that will be directly associated with Prelude.

Mr. Anderson discussed the issue that created the major impact on the budget, which was the inmate transfer connected between the jail and the courts building. The quoted cost of the tunnel was $1,649,030.00 compared to the budgeted amount of $689,000.00. Consequently, alternatives for inmate transfer were considered,

consisting of vehicular transfer and/or a bridge between the jail and the courts building. The cost associated with the design and construction of the bridge is approximately $1,000,000.00 less than the tunnel and minimized the time and impact on travel along Main Street. The Task Force approved the bridge concept.

Mr. Allen Temple, Hellmuth, Obata & Kassabaum (HOK), appeared before the Board to discuss the design criteria of the bridge and diagrams, showing its location in relation to the main jail, Prelude, and the courts complex. He discussed the security construction involved with the bridge.

Mr. James C. Watkins, Clerk, stated that the Task Force has been sensitive to the project in making sure that the exterior of the building, of both the jail and the courts building, took into consideration the financial concern and the aesthetics.

Mr. Temple stated that the exterior material to be used for the bridge are basically the same that are being planned for the courts building.

Mr. Anderson stated that, on June 4, 1990, the Jail Task Force reviewed the results of establishing the GMP for Prelude and the Main Jail, and compared those costs to the monies carried int he budget, in order to see how much money would be available for the Courts Building. The results indicated cost available for Courthouse construction to be $8,554,000.00. The Task Force also reviewed several Courts Building options and configurations along with their associated costs. The Task Force agreed that, in the long run, the County would need a full eight courtroom facility and accommodations for eight judges and all the associated judiciary functions. Due to the funds available, however, the Task Force decided on a modified full service Courts Building with six courtrooms and six judges offices, with two courtrooms and judges offices shelled, to be added later when additional funds could be identified, either through interest earnings, further value engineering, or as a result of bid savings below the established GMP.

Mr. Al Thelen, County Manager, stated that the tunnel was just not a practical concept.

Mr. Anderson stated that the final project cost is $52,138,000.00, with an additional $625,000.00 in add alternatives, which may be funded through any unused contingency built into the project. He further stated that traffic and space studies have been done, and that he has schematic layouts of the courts building, which are available to the Board.

Mr. Thelen stated that the Board can be provided with further details of the courts buildings, and the facilities that relate to it, in approximately 30 days.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the recommendations from the Jail Task Force Committee as follows: the bridge concept as presented for the connection of the Courts Building and the Jail, and the increase of the budget from $49,600,000.00 to $52,138,000.00.

RESOLUTIONS/LAWS & LEGISLATION

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the Resolution in Support of Constitutional Amendment No. 3, on the November 1990 Ballot, which will limit unfunded State mandates on Cities and Counties.

OUTDOOR RECREATION/RESOLUTIONS

Mr. Al Thelen, County Manager, stated that the Board had requested that the Rails to Trails Resolution be rescheduled for the August 14, 1990, meeting, but that Chuck Pula, Parks and Recreation Director, was still in the process of pulling the figures together, gathering data and consulting with the local Rails to Trails organization, therefore, the report will be on the agenda next week.

CONTRACTS, LEASES & AGREEMENTS/RIGHT-OF-WAYS, ROADS AND

EASEMENTS/PLANNING & DEVELOPMENT

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the four party agreement (Florida Central Railroad Company, Inc., Lake County, Florida Department of Transportation, and Richard J. Fritch), with respect to the railroad crossing at Lake Dora RV Park.

LANDFILLS

Mr. Joe Treshler, Ogden Martin, appeared before the Board to present a project update on the incinerator. The presentation consisted of the start-up status; the first fire date; and the electrical generation. Mr. Treshler stated that the first delivery of garbage to the incinerator facility would be tomorrow, with the first fire being in the early part of next week, with an invitation being extended to the Board for this event.

No action was needed by the Board.

COMMISSIONERS

At 10:10 a.m, Commr. Bakich turned the chairmanship over to Commr. Bailey.

ACCOUNTS ALLOWED/BIDS/PUBLIC HEALTH

On a motion by Commr. Windram, seconded by Commr. Swartz and carried, the Board approved the request for authorization to award bid #051-070-090 for the rechassis of one Type I rescue unit for Emergency Medical Services, to Golden Triangle Ford, in the amount of $18,473.00 (low bidder meeting specifications).

COMMISSIONERS

At 10:15 a.m., Commr. Bailey returned the chairmanship back over to Commr. Bakich.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the appointment of the following individuals to the Lake County Substance Abuse Policy Advisory Board:

Judge G. Richard Singeltary - Circuit Court

Brad King - State Attorney

Howard Babb, Jr. - Public Defender

George Knupp, Jr. - Sheriff

Gary Borders - Captain/Jail Administrator

James C. Watkins - Clerk of the Court

Wally Bain - Content Specialist

Beth Moore - Program Manager for Childrens Services

Carson Sink - Chief of Police - Astatula

Emery Putman - Chief of Police - Mt. Dora

Robert Templin - Chief of Police - Eustis

James Brown - Chief of Police - Leesburg

Prentice Tyndal - Chief of Police - Clermont

Acting Chief of Police - Fruitland Park

Tommy Merrill - Chief of Police - Groveland

Carl Summerall - Chief of Police - Howey-in-the-Hills

Acting Chief of Police - Lady Lake

Jerry Yon - Chief of Police - Mascotte

Acting Chief of Police - Minneola

Raymond Taylor - Marshall - Montverde

John LaFond - Chief of Police - Tavares

Steve Foster - Chief of Police - Umatilla



APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the appointment of the following individuals to the Transportation For Disadvantaged Coordinating Board:

Commr. Richard Swartz - Board of County Commissioners

Garth Phillips - Department of Transportation

Christy Mach, Health & Rehabilitative Services

R. Tom Winn, School Board

Lynne McPherson, Department of Labor

Don Priem, Veterans Service Office

Jim Lowe, Lake Community Action Agency

Frank Rakossky, Over 60

Gladys Moore, Handicap Person

Janet Davis, Citizen Advocate

Robbie Baird, Citizen Advocate (Alternate)

Sarah Meritt, User of System

Catherine Johnson, User of System (Alternate)

Ruth Nix, Department of Labor (Alternate)



ACCOUNTS ALLOWED/RIGHT-OF-WAYS, ROADS & EASEMENTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to purchase right-of-way from Mrs. LaRue, at a cost of $3,000.00. The value is based on the use of the property for citrus now and in the future, which is the intent of the landowner. Mrs. LaRue is currently replanting the citrus.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase right-of-way from Mrs. LaRue, at a cost of $3,000.00, from the County impact fee funds.

COUNTY ATTORNEY MATTERS

AMBULANCES-HOSPITAL DISTRICTS/COMMITTEES/CONTRACTS, LEASES &

AGREEMENTS

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the North Lake Hospital District had met and adopted a resolution authorizing the transfer of funds still being held by the Department of Administration to the Board of County Commissioners, with the funds being in the name of the Northwest Hospital District, which were not transferred prior to the merger. At this time, Ms. Lustgarten further updated the Board on the outcome of the meeting, which involved the authorization of advertising the qualifying period, so that interested electors in the Northwest and Northeast Districts can file for the offices, and participate in the election.

No action was needed by the Board.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Ms. Annette Star Lustgarten, County Attorney, reviewed and discussed the draft interlocal agreements with Mascotte, Groveland, Fruitland Park, and Lady Lake, with respect to impact fees. Ms. Lustgarten stated that a letter went out last week to the attorneys for the four cities involved, indicating an effective date of the agreement being October 1, 1990. She stated that she has yet to receive any response.

Ms. Lustgarten stated that the alternative, in the event the cities should choose not to participate, would be to litigate with the cities. She further stated that only one of the cities adopted an ordinance, with the others adopting resolutions relating those impact fees. The Constitution clearly provides for the adoption of an ordinance.

Commr. Bailey stated that he would like Mr. Jim Stivender, Director of Public Works, to meet with the Mayor of Mascotte, to discuss the issue of impact fees.

Ms. Lustgarten stated that she had requested action from the cities by September 1, 1990, and will provide an update on this issue at the second meeting in September.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m for the workshop on fire protection.

FIRE PROTECTION

Mr. Al Thelen, County Manager, presented a background history involving the consolidation of financing and organization in the budget for 1991-92, for fire structure.

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the plan of action for the consolidation and funding of Lake County fire services. Mr. Strickland stated that the workshop focuses on two issues, the mechanism of consolidation, and the mechanism of funding the operation.

Mr. Strickland stated that there are areas that need to be addressed. He stated that, in the new Municipal Service Taxing Unit (MSTU), Lady Lake will have to opt in by ordinance, and under the present law, a general election will have to held.

Mr. Thelen stated that Lake County has supported, along with other counties, a change in the law that would allow a city to opt in by their own action, rather than a referendum, to a County MSTU.

Mr. Strickland stated that Hawthorne Mobile Home Park has been exempted under the present MSTU.

Mr. Strickland discussed the present methods of funding, special assessments and ad valorem taxes, and recommended utilizing a special assessment alone, without the mix of ad valorem. The County will be working with the property appraiser and tax collector's office to determine the exact amount of revenue that can be obtained from the vacant parcels utilizing reprogramming in the property appraiser's office. This will have to be done prior to the March, 1991 meeting. While this is being developed, staff

will develop anticipated funding needs for the budget year 1991/92 when the MSTU will take effect.

Commr. Swartz requested that, when staff meets again with the property appraiser and tax collector, the question be asked, if the Board is willing to fund the additional overtime, or additional employees, to enter the necessary data, would we be able to have the data for this year, and secondly, if the County cannot make the trim notice, the aspect of sending out the individual piece of mail.

Commr. Swartz stated that he felt that the special assessment would be the fairest way overall to accumulate the needed revenue to operate the fire system, and that, short of going to another referendum, the people in Lake County said this is what they wanted.

Commr. Bakich stated that he did not feel the County needed to utilize ad valorem and a $35 fee structure. At this time, the Board discussed possible changes that could be made to the charges for fire protection, depending on the acreage and types of property.

Ms. Lustgarten stated that there are no exemptions set out in the ordinances creating the special districts, nor the MSTU. Discussion occurred regarding the school board is exempted from many types of impositions by other governmental entities.

Mr. Thelen stated that hopefully the MSTU will be created on December 11, 1990, and that would be the consolidation into one MSTU, and then discuss with the Board whether or not that MSTU should be for other purposes than fire, but it would be in the June timeframe when we get into budgets that we set the rate and look at the budget for next year.

Ms. Lustgarten discussed having sub-areas within the MSTU. She stated that there is no limit on special assessments, but there is a limit on the millage for ad valorem taxation, if the area overlaps geographically. She further discussed the proposed resolution and stated that the Board would have to identify those

areas, which the Board intended to impose special assessments, during the next fiscal year. An ordinance for a MSTU and a resolution giving intent to use the tax bill for special assessment levying will be adopted at the December 11, 1990, public hearing. In that resolution the Board will need to state the need for the levy, but not an amount.

Mr. Thelen clarified that the intent of the Board is to make the need for the levy as broad as possible, eliminating beach erosion, and adding libraries.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:10 p.m.



MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMA/8-31-90/8-14-90/boardmin



A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 14, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, August 14, 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; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.

MINUTES

The Board postponed action on the Minutes of July 17, 1990 and July 24, 1990 Town Meeting.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant #124142 through Warrant #124431 for the following accounts:

County Transportation Trust General Revenue

Northwest Fire District Fine & Forfeiture

Countywide Library Landfills

Countywide Fire District Animal Shelter Trust Fund

Capital Outlay Pasco Fire District

Paisley Fire District South Lake Fire District

Section 8 Mosquito Control

Private Industry Council Bassville Fire District

Emergency 911 Fund Commissary Trust Fund

Road Impact Miscellaneous/Gas Fund

Revenue Sharing Aquatic Weed

Mt. Plymouth Fire District Northeast Hospital

Law Library



Accounts Allowed/Reports

Monthly distribution of Revenue for Traffic/Criminal Cases for the month ending July 31, 1990, in the amount of $141,962.37.



PUBLIC DEFENDER

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Criminal Conflict Contract between the Board of County Commissioners, Michelle Morley, and the Public Defender, Howard Babb.

COUNTY MANAGER'S CONSENT AGENDA

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

Accounts Allowed/Health & General Services

Request for authorization of payment for an Orlando Regional Medical Center inpatient claim, under the Health Care Responsibility Act, in the amount of $29,294.16.



Planning & Development/Subdivisions



1. Request for preliminary approval of Hasson Ridge Subdivision (16 lots in District 3).



2. Request for preliminary approval of Stratford Subdivision (20 lots in District 5).



3. Request for preliminary approval of Green Meadows Subdivision (24 lots in District 1).



4. Request for Final Plat approval for Pennbrooke, Phase 1-3 (71 Lots in District 2).



Deeds/Right-of-Ways, Roads & Easements



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



Road Projects:



Dennis L. Horton Apshawa Road #3-2035

Veramar, Inc., a Delaware

Corporation Apshawa Road #3-2035



Accounts Allowed/Public Works



Request to purchase one 1 1/2 ton vibratory ride-on roller and trailer from Case Power and Equipment Company, at a total cost of $17,823.00.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BUDGET TRANSFERS

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the following request for budget transfers:

1. General Fund, Health & General Services Department,

from Reserve for Contingency to Aids to Private

Organizations, in the amount of $5,345.00.

2. Emergency 911 Fund, Health & General Services Department,

from Personal Services ($24,420.00), Operating

Expenses ($19,000.00), Capital ($4,000.00), Contingency

Reserve ($6,146.00) to Operating Expenses, in the total

amount of $53,566.00.



3. County Transportation Fund, Public Works Department,

from Capital to Operating Expenses, in the amount of

$46,943.00.



COUNTY MANAGER

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to encumber an additional $2,000,000.00, plus the additional 2% as necessary, for the blanket purchase order with Barton-Malow Company.

COMMITTEES/JAILS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board and stated that a video tape of what has transpired to date, regarding the Lake County Criminal Justice Facility, has been prepared for the Board's review. At this time, Mr. Anderson turned the presentation over to Mr. Mike McCabe, Barton-Malow.

Mr. Mike McCabe, Barton-Malow, appeared before the Board as narrator of the video involving the work to date of Prelude and the main jail site. Mr. McCabe stated that the main jail site has been bid out, with contracts being issued at approximately $468,000.00 lower than the GMP (Guaranteed Maximum Price) issued to the County. He stated that they hoped to begin the site work on the north side of Main Street in October, and would anticipate construction on the Courthouse in January. Actual construction has started on the main jail site.

Mr. Anderson stated that a tour has been scheduled for tomorrow for the Correctional Officers and personnel that will be directly associated with Prelude.

Mr. Anderson discussed the issue that created the major impact on the budget, which was the inmate transfer connected between the jail and the courts building. The quoted cost of the tunnel was $1,649,030.00 compared to the budgeted amount of $689,000.00. Consequently, alternatives for inmate transfer were considered,

consisting of vehicular transfer and/or a bridge between the jail and the courts building. The cost associated with the design and construction of the bridge is approximately $1,000,000.00 less than the tunnel and minimized the time and impact on travel along Main Street. The Task Force approved the bridge concept.

Mr. Allen Temple, Hellmuth, Obata & Kassabaum (HOK), appeared before the Board to discuss the design criteria of the bridge and diagrams, showing its location in relation to the main jail, Prelude, and the courts complex. He discussed the security construction involved with the bridge.

Mr. James C. Watkins, Clerk, stated that the Task Force has been sensitive to the project in making sure that the exterior of the building, of both the jail and the courts building, took into consideration the financial concern and the aesthetics.

Mr. Temple stated that the exterior material to be used for the bridge are basically the same that are being planned for the courts building.

Mr. Anderson stated that, on June 4, 1990, the Jail Task Force reviewed the results of establishing the GMP for Prelude and the Main Jail, and compared those costs to the monies carried int he budget, in order to see how much money would be available for the Courts Building. The results indicated cost available for Courthouse construction to be $8,554,000.00. The Task Force also reviewed several Courts Building options and configurations along with their associated costs. The Task Force agreed that, in the long run, the County would need a full eight courtroom facility and accommodations for eight judges and all the associated judiciary functions. Due to the funds available, however, the Task Force decided on a modified full service Courts Building with six courtrooms and six judges offices, with two courtrooms and judges offices shelled, to be added later when additional funds could be identified, either through interest earnings, further value engineering, or as a result of bid savings below the established GMP.

Mr. Al Thelen, County Manager, stated that the tunnel was just not a practical concept.

Mr. Anderson stated that the final project cost is $52,138,000.00, with an additional $625,000.00 in add alternatives, which may be funded through any unused contingency built into the project. He further stated that traffic and space studies have been done, and that he has schematic layouts of the courts building, which are available to the Board.

Mr. Thelen stated that the Board can be provided with further details of the courts buildings, and the facilities that relate to it, in approximately 30 days.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the recommendations from the Jail Task Force Committee as follows: the bridge concept as presented for the connection of the Courts Building and the Jail, and the increase of the budget from $49,600,000.00 to $52,138,000.00.

RESOLUTIONS/LAWS & LEGISLATION

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the Resolution in Support of Constitutional Amendment No. 3, on the November 1990 Ballot, which will limit unfunded State mandates on Cities and Counties.

OUTDOOR RECREATION/RESOLUTIONS

Mr. Al Thelen, County Manager, stated that the Board had requested that the Rails to Trails Resolution be rescheduled for the August 14, 1990, meeting, but that Chuck Pula, Parks and Recreation Director, was still in the process of pulling the figures together, gathering data and consulting with the local Rails to Trails organization, therefore, the report will be on the agenda next week.

CONTRACTS, LEASES & AGREEMENTS/RIGHT-OF-WAYS, ROADS AND

EASEMENTS/PLANNING & DEVELOPMENT

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the four party agreement (Florida Central Railroad Company, Inc., Lake County, Florida Department of Transportation, and Richard J. Fritch), with respect to the railroad crossing at Lake Dora RV Park.

LANDFILLS

Mr. Joe Treshler, Ogden Martin, appeared before the Board to present a project update on the incinerator. The presentation consisted of the start-up status; the first fire date; and the electrical generation. Mr. Treshler stated that the first delivery of garbage to the incinerator facility would be tomorrow, with the first fire being in the early part of next week, with an invitation being extended to the Board for this event.

No action was needed by the Board.

COMMISSIONERS

At 10:10 a.m, Commr. Bakich turned the chairmanship over to Commr. Bailey.

ACCOUNTS ALLOWED/BIDS/PUBLIC HEALTH

On a motion by Commr. Windram, seconded by Commr. Swartz and carried, the Board approved the request for authorization to award bid #051-070-090 for the rechassis of one Type I rescue unit for Emergency Medical Services, to Golden Triangle Ford, in the amount of $18,473.00 (low bidder meeting specifications).

COMMISSIONERS

At 10:15 a.m., Commr. Bailey returned the chairmanship back over to Commr. Bakich.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the appointment of the following individuals to the Lake County Substance Abuse Policy Advisory Board:

Judge G. Richard Singeltary - Circuit Court

Brad King - State Attorney

Howard Babb, Jr. - Public Defender

George Knupp, Jr. - Sheriff

Gary Borders - Captain/Jail Administrator

James C. Watkins - Clerk of the Court

Wally Bain - Content Specialist

Beth Moore - Program Manager for Childrens Services

Carson Sink - Chief of Police - Astatula

Emery Putman - Chief of Police - Mt. Dora

Robert Templin - Chief of Police - Eustis

James Brown - Chief of Police - Leesburg

Prentice Tyndal - Chief of Police - Clermont

Acting Chief of Police - Fruitland Park

Tommy Merrill - Chief of Police - Groveland

Carl Summerall - Chief of Police - Howey-in-the-Hills

Acting Chief of Police - Lady Lake

Jerry Yon - Chief of Police - Mascotte

Acting Chief of Police - Minneola

Raymond Taylor - Marshall - Montverde

John LaFond - Chief of Police - Tavares

Steve Foster - Chief of Police - Umatilla



APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the appointment of the following individuals to the Transportation For Disadvantaged Coordinating Board:

Commr. Richard Swartz - Board of County Commissioners

Garth Phillips - Department of Transportation

Christy Mach, Health & Rehabilitative Services

R. Tom Winn, School Board

Lynne McPherson, Department of Labor

Don Priem, Veterans Service Office

Jim Lowe, Lake Community Action Agency

Frank Rakossky, Over 60

Gladys Moore, Handicap Person

Janet Davis, Citizen Advocate

Robbie Baird, Citizen Advocate (Alternate)

Sarah Meritt, User of System

Catherine Johnson, User of System (Alternate)

Ruth Nix, Department of Labor (Alternate)



ACCOUNTS ALLOWED/RIGHT-OF-WAYS, ROADS & EASEMENTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to purchase right-of-way from Mrs. LaRue, at a cost of $3,000.00. The value is based on the use of the property for citrus now and in the future, which is the intent of the landowner. Mrs. LaRue is currently replanting the citrus.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase right-of-way from Mrs. LaRue, at a cost of $3,000.00, from the County impact fee funds.

COUNTY ATTORNEY MATTERS

AMBULANCES-HOSPITAL DISTRICTS/COMMITTEES/CONTRACTS, LEASES &

AGREEMENTS

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the North Lake Hospital District had met and adopted a resolution authorizing the transfer of funds still being held by the Department of Administration to the Board of County Commissioners, with the funds being in the name of the Northwest Hospital District, which were not transferred prior to the merger. At this time, Ms. Lustgarten further updated the Board on the outcome of the meeting, which involved the authorization of advertising the qualifying period, so that interested electors in the Northwest and Northeast Districts can file for the offices, and participate in the election.

No action was needed by the Board.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Ms. Annette Star Lustgarten, County Attorney, reviewed and discussed the draft interlocal agreements with Mascotte, Groveland, Fruitland Park, and Lady Lake, with respect to impact fees. Ms. Lustgarten stated that a letter went out last week to the attorneys for the four cities involved, indicating an effective date of the agreement being October 1, 1990. She stated that she has yet to receive any response.

Ms. Lustgarten stated that the alternative, in the event the cities should choose not to participate, would be to litigate with the cities. She further stated that only one of the cities adopted an ordinance, with the others adopting resolutions relating those impact fees. The Constitution clearly provides for the adoption of an ordinance.

Commr. Bailey stated that he would like Mr. Jim Stivender, Director of Public Works, to meet with the Mayor of Mascotte, to discuss the issue of impact fees.

Ms. Lustgarten stated that she had requested action from the cities by September 1, 1990, and will provide an update on this issue at the second meeting in September.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m for the workshop on fire protection.

FIRE PROTECTION

Mr. Al Thelen, County Manager, presented a background history involving the consolidation of financing and organization in the budget for 1991-92, for fire structure.

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the plan of action for the consolidation and funding of Lake County fire services. Mr. Strickland stated that the workshop focuses on two issues, the mechanism of consolidation, and the mechanism of funding the operation.

Mr. Strickland stated that there are areas that need to be addressed. He stated that, in the new Municipal Service Taxing Unit (MSTU), Lady Lake will have to opt in by ordinance, and under the present law, a general election will have to held.

Mr. Thelen stated that Lake County has supported, along with other counties, a change in the law that would allow a city to opt in by their own action, rather than a referendum, to a County MSTU.

Mr. Strickland stated that Hawthorne Mobile Home Park has been exempted under the present MSTU.

Mr. Strickland discussed the present methods of funding, special assessments and ad valorem taxes, and recommended utilizing a special assessment alone, without the mix of ad valorem. The County will be working with the property appraiser and tax collector's office to determine the exact amount of revenue that can be obtained from the vacant parcels utilizing reprogramming in the property appraiser's office. This will have to be done prior to the March, 1991 meeting. While this is being developed, staff

will develop anticipated funding needs for the budget year 1991/92 when the MSTU will take effect.

Commr. Swartz requested that, when staff meets again with the property appraiser and tax collector, the question be asked, if the Board is willing to fund the additional overtime, or additional employees, to enter the necessary data, would we be able to have the data for this year, and secondly, if the County cannot make the trim notice, the aspect of sending out the individual piece of mail.

Commr. Swartz stated that he felt that the special assessment would be the fairest way overall to accumulate the needed revenue to operate the fire system, and that, short of going to another referendum, the people in Lake County said this is what they wanted.

Commr. Bakich stated that he did not feel the County needed to utilize ad valorem and a $35 fee structure. At this time, the Board discussed possible changes that could be made to the charges for fire protection, depending on the acreage and types of property.

Ms. Lustgarten stated that there are no exemptions set out in the ordinances creating the special districts, nor the MSTU. Discussion occurred regarding the school board is exempted from many types of impositions by other governmental entities.

Mr. Thelen stated that hopefully the MSTU will be created on December 11, 1990, and that would be the consolidation into one MSTU, and then discuss with the Board whether or not that MSTU should be for other purposes than fire, but it would be in the June timeframe when we get into budgets that we set the rate and look at the budget for next year.

Ms. Lustgarten discussed having sub-areas within the MSTU. She stated that there is no limit on special assessments, but there is a limit on the millage for ad valorem taxation, if the area overlaps geographically. She further discussed the proposed resolution and stated that the Board would have to identify those

areas, which the Board intended to impose special assessments, during the next fiscal year. An ordinance for a MSTU and a resolution giving intent to use the tax bill for special assessment levying will be adopted at the December 11, 1990, public hearing. In that resolution the Board will need to state the need for the levy, but not an amount.

Mr. Thelen clarified that the intent of the Board is to make the need for the levy as broad as possible, eliminating beach erosion, and adding libraries.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:10 p.m.



MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMA/8-31-90/8-14-90/boardmin