The Lake County Board of County Commissioners met in regular session on Tuesday, May 7, 1991, 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: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. 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. Bakich.

MINUTES

Discussion occurred regarding the Minutes of April 2, 1991, (Regular Meeting), with the following amendments being made by the Board members:

Page 15 - Line 26 - Insert: "...of the County, if the vendor is interested in doing so, ....".

Page 19 - Line 15: Change the word "expiration" to "exploration".

Page 20 - Line 26: Strike the following wording: "and supplied the County property".

Page 22 - Line 15: Strike the following wording: "Chairman and".

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of April 2, 1991, (Regular Meeting), as amended.

Discussion occurred regarding the Special Minutes of April 2, 1991, (Impact Fee Ordinances), with the following amendments being made by the Board members:

Page 5 - Line 5: Clarification was made regarding Mr. Keith Shamrock's statements.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Special Minutes of April 2, 1991, (Impact Fee Ordinances), as amended.

Discussion occurred regarding the Minutes of April 9, 1991, Regular Meeting, with the following amendments being made by the Board members:

Page 9 - Line 11: Insert: "..economic development, tourism,..".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of April 9, 1991, (Regular Meeting), as amended.

Discussion occurred regarding the Minutes of April 16, 1991, (Regular Meeting), with the following amendments being made by the Board members:

Page 14 - Commr. Swartz requested that it be noted that he returned for the remainder of the meeting.

Page 26 - Lines 5-6: Insert "...30 day postponement...".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of April 16, 1991, as amended.

Discussion occurred regarding the Special Minutes of April 18, 1991, (Solid Waste Workshop), with a correction being made to the spelling of a proper name.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Special Minutes of April 18, 1991, (Solid Waste Workshop), as amended.

Discussion occurred regarding the Minutes of April 23, 1991, (Joint Meeting with School Board), with a correction being made on Page 1, as to the proper order of introductions made by Commr. Bailey and Mr. Jerry Smith.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of April 23, 1991, (Joint Meeting of the School Board), as amended.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

Commr. Bailey acknowledged the awards issued by the East Central Florida Regional Planning Council for three projects: Ogden-Martin Systems, Waterwood, and Greater Hills.

Mr. Bob Mandell, Greater Hills, appeared before the Board and presented each of the Board members, along with Mr. Al Thelen, County Manager, and Mr. Thomas J. Windram, with an award that Greater Hills received from the East Central Florida Regional Planning Council.

COUNTY EMPLOYEES/RESOLUTIONS

Commr. Bailey noted that Mr. Ray Robbins was ill and not able to be present today to accept his Resolution of Appreciation for serving on the Planning and Zoning Commission.

Commr. Bailey presented Mr. Greg Homan a Resolution of Appreciation for serving on the Planning and Zoning Commission.

Ms. LeEster Koranteng, Personnel, presented background history on Mr. John Dempsey and stated that he served 13 years as Landfill Attendant I, Environmental Services. Commr. Bailey presented Mr. Dempsey with a Plaque for Years of Service upon Retirement.

Ms. Koranteng informed the Board that Ms. G. Virginia Lewis, Employee of the Month, would not be appearing today, due to illness in her family, and the presentation would be postponed until next week.

Ms. Koranteng presented the background history of the following individuals, who appeared before the Board to accept plaques presented by Commr. Bailey:

FIVE YEARS

Mr. James Bridgewater - Aquatic Spray Technician, Environmental Services

Mr. Donald W. Priem - Veterans' Service Officer, Health & General Services (Mr. Lonnie Strickland accepted his plaque in his behalf).

TEN YEARS

Mr. G. Robert Smith - Equipment Operator III, Environmental Services

Mr. Eric Cotsenmoyer - Mosquito & Aquatic Plant Management Director, Environmental Services

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of County bills, Warrant #134218 through Warrant #135081, for the following accounts:

County Transportation Trust Countywide Fire District

Paisley Fire District General Revenue

South Lake Fire District Landfills

Pasco Fire District Aquatic Weed

Bassville Fire District Northwest Fire District

Mt. Plymouth Fire District Countywide Library

Commissary Trust Fund Capital Outlay

Northeast Ambulance Northwest Ambulance

Road Impact Resort & Development Fund Tax

Revenue Sharing Mosquito Control

Miscellaneous/Gas Fund Emergency 911 Fund

Law Enforcement Trust Fund Section 8

Animal Shelter Trust Fund Private Industry Council

Criminal Justice Trust Fund Northeast Hospital

Law Library

Bonds - Contractor

Cancellation:

1022-91 Harry Showers, Larry Malcuit, and Alan Keenan

New:

671-91 Quinton Downing Aluminum (Aluminum)

3027-91 Gerald Sussman dba Jerry's Electric (Electrical)

4882-91 Copeland Electric, Inc. (Electrical)

4941-91 Ron Torri Plumbing, Inc. (Plumbing)

4944-91 Charles L. Henry, Jr. dba Henry Electric Co.

(Electrical)

4945-91 Tom Boatwright (Plumbing)

4946-91 John D. Nicholson (Electrical)

4947-91 Jancar Development, Inc. (Residential)

4948-91 Kevin L. Ryman dba Ryman Construction Inc.

4949-91 David Littiken

4950-91 Alpha Reynolds (Electrical)

4951-91 Paul E. Guimond Electrical Contractor (Electrical)

4952-91 Rite Media, Inc. (Electrical Sign Contractor)

4953-91 Charles W. Turner, Jr. (Plumbing)

4954-91 Awesome Aluminum (Aluminum Erector)

Accounts Allowed/Courts-Judges

Request to approve and signature authorization on the Satisfaction of Judgments, as follows:

a. Case No. 91-219-CJ & 91-357-CJ, Joseph D. Back, Juvenile, Burgess Back, Parent, in the amount of $50.00.

b. Case No. 86-02, 445TT36, Macario Negrete, in the amount of $250.00.

c. Case No. 82-25536TT00142, James Joseph Collop, in the amount of $500.00.

CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the addendum to the auditor's contract, Ernst & Young, to conduct a special audit of the Resource Recovery Project, at a cost not to exceed $23,800.00.

AUDITS/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board authorized the County Manager to negotiate with the auditors, Ernst & Young, to extend the annual audit contract to include the FY 92 audit, and authorized the Chairman to sign the engagement letter.

COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding the County Manager's Consent Agenda. Ms. Annette Star Lustgarten, County Attorney, requested that, under Tab 15, the following be pulled:

SEC 31, TWP 17, RGE 29 - Dist #5 - Narciso and Maria Padilla

Commr. Swartz requested that Tab 5 be pulled for discussion.

Commr. Gregg noted for the record that Ms. Barbara Kolesar was present in the audience regarding Tab 16, the request to change the name of Landfill Road to Rolling Acres Road. At this time, Ms. Kolesar was recognized by the Board and spoke a few words regarding her success in accomplishing this name change.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests, Tabs 4-25, with the exception of the section referenced above by Ms. Lustgarten, and with the exception of Tab 5:

ADMINISTRATIVE SERVICES/BUDGETS

County Employees

Request for approval and signature on Certificates to employees for one and three years of service.

Accounts Allowed/Budget Transfers/Resolutions

Request for transfers of funds in various departments, as follows:

1. Fund: JTPA, Title 3 Training

Department: Administrative Services

Division: Private Industry Council

From: Operating Expenses $19,600.00

To: Claims Payment $19,600.00

Transfer #: 91-0178

2. Fund: General

Department: Sheriff

From: Contingency-Sheriff $10,000.00

To: Law Enf.-Other Expenses $10,000.00

Transfer #: 91-0196

3. Resolution relating to fees to be charged for copies of public records.

COUNTY MANAGER

State Agencies/County Property

Request for the Chairman to write a letter of support to the U.S. Forest Service, with regard to the purchase of 13.36 acres of private land, in the Ocala National Forest and Lake County.

State Agencies

Request for Chairman to write a letter of support for the camping policy of the U.S. Forest Service to be established for the Ocala National Forest.

Accounts Allowed/Jails

Request for approval to encumber an additional $7,144,000.00 for the purchase order with Barton-Malow Company.

ENVIRONMENTAL SERVICES

State Agencies/Resolutions

Request to approve and sign a resolution between the Lake County Board of County Commissioners and the Florida Department of Natural Resources to procure State funding for Aquatic Plant Management under F.A.C. Chapter 16C-50 for FY 1991-92.

HEALTH & GENERAL SERVICES

Account Allowed/Grants

Request for approval and signature on the grant application "Foreign Aide for the Readers", in the amount of $5,600.00.

Communications/Health & General Services

Request for the Chairman of the BCC to sign the two applications for renewal of radio station licenses with the Federal Communications Commission (F.C.C.).

Accounts Allowed/Health Department/Roads-County & State

Public Works

Request to pay the County Road Impact fee, in the amount of $5,080.32, for the Woodlea Road County Public Health Unit building, from the Public Works Transportation Trust Fund.

Appointments-Resignations/Committees/Health & General Services

Request that the Board of County Commissioners write a letter to Mid-Florida Area Agency on Aging recommending the appointment of Pastora Massad, St. Paul's Catholic Church, to the Mid-Florida Board of Directors, as a representative of Lake County.

PLANNING & DEVELOPMENT

RIGHT-OF-WAYS, ROADS & EASEMENTS

Request to accept non-exclusive easement dedications, as follows:

For Large Lot Waiver(s)

SEC 16, TWP 19, RGE 27 - Dist #4 - Ed and Donna Havill

SEC 31, TWP 18, RGE 24 - Dist #1 - Thomas and Maris Pastor

SEC 35, TWP 18, RGE 27 - Dist #4 - Charles and Elizabeth

Westcott

SEC 35, TWP 18, RGE 27 - Dist #4 - Alice Nester

Roads - County & State/Resolutions

Request to change the name of Landfill Road to Rolling Acres Road.

Bonds - Mobile Home

Request for acceptance of the following new mobile home bonds:

Preston Saltalamacchia - District 5, Astor area

George Rossell - District 5, West Eustis area

Madonna & Sam Kissinger - District 5, East Umatilla area

David Warren - District 3 - Lake Louisa/South Clermont area

Right-of-Ways, Roads & Easements/Subdivisions

Request to accept an environmental easement from Lake Harris Landing, Ltd.

Accounts Allowed/Resolutions/Roads-County & State

Request to accept an Irrevocable Letter of Credit, in the amount of $13,400.00 for maintenance in Haines Lake Estates (A/K/A Fountain Lake), and to accept the following roads into the County maintenance system: Fountain Lake Boulevard (1-5038); Fountain Lane (1-5038A); and Lake Drive (1-5138) (District 1).

Accounts Allowed/Subdivisions

Request to accept a replacement Irrevocable Letter of Credit, in the amount of $16,500.00 for performance of six driveways in Lake Yale Cove (District 5).

Accounts Allowed/Resolutions/Roads-County & State

Request for final plat approval of Raintree Harbor, Section Two, accept an Irrevocable Letter of Credit in the amount of

$14,703.00 for maintenance, and to accept the following roads into the County maintenance system: Raintree Boulevard extension

(5-6652); Sundance Drive (5-6651); Golden View Drive (5-6651A); Winterdale Drive (5-6651B). (90 lots in District 5)

PUBLIC WORKS

Deeds/Resolutions/Right-of-Ways, Roads & Easements

State Agencies

Request to execute a Deed and a Resolution to transfer a portion of the County right-of-way at the intersection of C-46A and SR-46 to the State of Florida, Department of Transportation.

Public Works/Roads-County & State

Request to accept a maintenance map on #5-6549 South Fish Camp Road.

Deeds/Right-of-Ways, Roads & Easements/Road Projects

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

For Road Project:

Lowrie Brown Investment Co., (A Florida Corporation)

Radio Road #5-5433

Road Closings - Permission to Advertise

Request approval to advertise Vacation Petition No. 650, by Richard Langley, Esquire, for John Day, President, Green Swamp Groves, to vacate roads and tracts, Clermont Farms Subdivision, Clermont area.

ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES/PLANNING & DEVELOPMENT

Commr. Swartz discussed Tab 5, Page 3, Item #2; and Page 4, Items #2 and #3, which involved the purchase of vehicles for various departments. He suggested that staff bring to the Board backup material relating to any of these type of purchases relating to vehicles, for the Board to review.

Mr. Jim Stivender, Director of Public Works, and Mr. Lonnie Strickland, Director of Health & General Services, answered questions that Commr. Hanson had regarding items on Page 2 and

Page 4.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Tab 5, the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, with the exception of the following:

Page 3 - (2) Environmental Services - Solid Waste

Cecil Clark Chevrolet 1/2 ton 4x4 pick up.

Bid # 042-070-091 - $14,128.00

Page 4 - (2) Planning and Development - Building

Steve Hull Chevrolet Chevy S-10 truck.

State Contract # 070-001-91-1 - $10,465.67

(3) Environmental Services - Mosquito Control

Steve Hull Chevrolet Chevy S-10 truck.

State Contract # 070-001-91-1 - $8,195.02

The following were the approved specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes:

The Requisitions for the Corrections Division have been processed in the same manner as they were done prior to Lake County Board of County Commissioners assuming responsibility. At present, the Jail Administrator is in the process of bringing these procedures in compliance with County purchasing policy and procedures. Request permission to waive the bid and quote process at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

BIDS/FIRE PROTECTION/CONTRACTS, LEASES & AGREEMENTS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board to discuss the request to award the bid to Scheveling Construction Company, for the construction of the Plantation Fire Station, execute contract and encumber and expend funds.

Mr. Anderson stated that the County went out for a rebid, due to the original bid appearing to be high, and out of the County's budget range. He discussed the rebidding process, and recommended awarding the bid to Scheveling Construction Company, which is the lowest qualified bidder, with the lowest bidder having bonding problems.

Mr. Al Thelen, County Manager, discussed the recommendation that $40,000.00 from the Sales Tax Infrastructure Fund be combined with the $106,000.00 that remains in this account.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award the bid to Scheveling Construction Company, as recommended by staff.

PUBLIC HEARINGS/TIME CERTAIN

ROAD CLOSINGS

PETITION NO. 641 - Greg K. Stubbs - Emerald Greens

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss Petition Number 641, by Greg K. Stubbs, Director of Current Planning, to vacate Emerald Greens, Phase II Plat, Leesburg area.

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board stated that he received a letter from Mr. Al Jene approximately one week ago requesting additional time to obtain a bond.

Mr. Al Jene appeared before the Board and presented his application for the bond, and discussed the time element involved with obtaining the bond. Mr. Jene stated that the vacation would be a burden on him, not the County, and that he had the plat recorded in July, 1989, and recorded the first week in 1990, and that he is entitled to the time span to obtain the bond.

Ms. Annette Star Lustgarten, County Attorney, stated that one of the conditions of plat approval is to bond the improvements, and the bond document expired, therefore, the vacation of the plat was initiated.

Commr. Gregg explained the reason for the bond, and stated that this would allow the plat to be recorded without the improvements being in place, and to allow the sale of the lots.

Mr. Jene stated that the request is for an extension of time to allow the application for the bond to be processed.

Ms. Lustgarten stated that the developer is obligated to insure that the improvements are installed.

Commr. Swartz stated that this would cause a burden on the lot owners, because the County has no assurance that the infrastructure will be put into place.

Mr. Al Thelen, County Manager, stated that he is concerned with pre-sales, and that it would be a mistake to allow this issue to continue without a bond, with the alternative being to vacate it.

Discussion occurred regarding Mr. Jene having the ability to come before the Board with a replat.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved Petition No. 641, by Greg K. Stubbs, Director of Current Planning, to vacate Emerald Greens, Phase II Plat, Leesburg area.

COMMITTEES/MUNICIPALITIES/FIRE PROTECTION/RESOLUTIONS

Mr. Al Thelen, County Manager, presented the background history on the Resolution from the City of Tavares concerning a joint fire protection proposal. Mr. Thelen noted that the City indicates their desire to do this by July of 1991, but the current work load and priorities of the County's Department of Health and General Services does not put the County in the position to commit the necessary staff time to complete this project in the time frame outlined. He stated that the County cooperates with other cities in providing fire service, and that this could possibly be given some attention as early as 1992.

Mr. John LaFond, Chief of Police, Tavares, appeared before the Board to request continued work on the consolidation of fire services, and that he feels this would serve the needs of the citizens of Tavares and Lake County.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the staff recommendation, at this time, not to form a Study Committee relative to the joint fire protection proposal, but, until such time as staff feels that the County can devote the staff time, and if the City of Tavares is still interested, to again pursue this at some later date.

PLANNING & DEVELOPMENT/REPORTS

Mr. Al Thelen, County Manager, stated that, at last year's budget time, the Board requested staff to identify ways to finance different governmental services without using property taxes. One way identified was the fees for most of the services provided by the County, which were not covering the actual costs. Therefore, the Board approved an item in the budget last year for a contract for a Fee Study.

Mr. Don Carter, David M. Griffith and Associates, LTD., Tallahassee, appeared before the Board to make a presentation of the Fee Study for Lake County, and to summarize the study.

The following information was presented to the Board by Mr. Carter:

Study Objectives

Calculate the Full Cost of Providing Specific Services

Identify Opportunities for Increased Revenue by:

Reducing Subsidies For Areas Where Fees Are Currently

Charged

Establishing New Fees Where Justified

Develop a Better Understanding of the County's Cost Structure

The Basic Issue

Subsidize

Charge

Combination

Components of a User Fee (Full Cost)

Direct Labor Costs

Finge Benefit

Direct Expenses

Departmental Overhead

Supervisory Costs

Clerical/Admin. Support Costs

Central Service Costs

Cross-over Costs

Study Methodology

Extensive Interviews

With:

Executive Directors

Division Chiefs

Key Workers

To Determine:

Units of Service Per Year

Time Required Per Unit

% of Time Spent Per Unit

Anticipated Trends

Data Collection and Analysis

Budget Data

Year to Date Data

Fees Being Charged

Salaries of Workers, Supervisors and Those

Providing Admin. Support

Equipment Depreciation

Full Cost/Revenue Comparisons - Subsidy

Continual Interaction with Division Heads and County Officials

Recommended Fee Changes

Included in the Presentation was a Study Results Summary, including an outline and recommendations on the following divisions:

Building and Zoning Division Planning Division

Engineering Division Special Services Division

Pollution Control Hazardous Waste Division

Storage Tank Division Animal Control Division

Fairgrounds/Expo Center Environmental Health

Commr. Gregg questioned the justification of overcharging the costs, with Mr. Carter explaining the method used to determine the full cost of service areas.

The Board members expressed concerns involving charging more than the true cost of the service in areas that seem to be "easily tagged". The members informed Mr. Carter that, over the past years, the fees have been increased, and that they felt that justification has not been made for the additional increases being presented to them today.

Mr. Thelen stated that, where the fees show that they are over the true cost, the Study recommends that the County stay at this fee, and not lower it, but to permit areas that are below cost to be increased, in order for a net increase.

Considerable discussion occurred regarding the fees presently being charged by the County for the various services provided by the County.

Commr. Bakich discussed scaling the fees back to reflect the true cost, with Mr. Thelen stating that the Board could scale back the fees that are higher than the actual costs, and move the lower fees up, if the Board feels the function should stand on its own. Mr. Thelen further stated that, if the costs could be within a five percent (5%) range within a given year, this would be acceptable, but that this would be a policy decision.

Commr. Swartz stated that, in Mr. Carter's presentation, there are five departments that are essentially treated the same as Building and Zoning, where the total revenue exceeds what is shown as full cost. The five departments include the following, along with the percentage increase figured by Commr. Swartz: Building

and Zoning (18.5%), Planning (14.2%), Pollution Control (3.4%), Animal Control (16.1%), and Environmental Health (20.3%).

Commr. Gregg stressed that he has supported increases in fees to where they can be self supporting, but that this is beyond that point, where taxes are going to be subsidized by fees.

Mr. Carter stated the Fee Study recommends that, those fee areas where people, individuals, or groups, are receiving services that are not covered by the fees, be increased to recover the full costs to the County. He further stated that the Study does not recommend that the fee areas that are not recovering the full cost be lowered.

Commr. Bakich discussed the possibility of taking those costs where the County will collect a surplus, and balance this with the departments that are indicating a shortage.

Mr. Carter stated that he can provide the Board with a list of all of the surplus areas.

Mr. Thelen stated that this information would be an important item for the Board to review, in relation to the upcoming budget meetings, and that the information could be put into an executive summary and brought back to the Board in 30 days.

Mr. Steve Richey stated that it was his understanding that there would be no public comment today, but suggested that a public hearing be scheduled, in order that there be public comment, specifically with the consultant looking at fees that are unnecessary, and where there is a duplication with other agencies.

Commr. Bailey stated that, before any action is taken by the Board, there will be a workshop for public comment.

Mr. Richey stated that he would like the consultant and County to look at the fees and determine whether or not they are necessary, and whether you need the activity you are charging the local individual.

Mr. Thelen stated that staff did not ask the consultant to look at other agencies, such as the State and Water Management, but that he did ask them to look at things that may not be needed,

based on their experience on having done other similar studies.

Mr. Thelen stated that this issue was addressed, and that staff can have the consultant provide a memorandum with this information.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/PROPERTY APPRAISER

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the request to execute an amended agreement with the Property Appraiser, with regard to the non-ad valorem assessment services allowing the County to purchase the needed equipment and give said equipment to the Property Appraiser.

Commr. Hanson was not present for the vote.

BUDGET TRANSFERS/PROPERTY APPRAISER

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board approved the request for authorization to purchase needed computer equipment for the Property Appraiser, to use Unysis as sole source provider, and budget transfer from contractual services to equipment.

Commr. Hanson was not present for the vote.

COUNTY MANAGER

Mr. Thelen noted that Tab 29, regarding an interlocal agreement between Lake County and the Lake County Tax Collector, was pulled from the agenda, and will be back before the Board next week.

BONDS/INSURANCE

Mr. Al Thelen, County Manager, discussed the proposal from Financial Guarantee Insurance Corporation to replace the County's reserve fund for the sales tax infrastructure bond, with an insurance policy ($3.78 million).

The following recommendation was made: that the County follow the report of Public Financial Management, Inc. (PFM), fiscal advisor, in making the insurance policy exchange for the revenue bond with accompanying conditions. This will put the County in a position to react to some of the capital improvement needs for the next two (2) years and solve the temporary cash flow problem that will occur next year. If the County decided not to do this, it would be necessary to do some temporary borrowing next year to

solve the potential cash flow problem and defer other capital improvements until 1992-93 when the sales tax revenues from the infrastructure fund will begin to approach $2 million more than debt service and current demands.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the above recommendation, as presented by Mr. Thelen, County Manager.

ENVIRONMENTAL SERVICES

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for authorization to update the Recycling Subcommittee membership list by: 1) accepting the names of new City/Town appointees; and 2) appointing the three representatives from unincorporated Lake County who have made membership application to the Subcommittee.

Several of the Board members indicated that they have had individuals contact them about serving on the Recycling Subcommittee.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the Recycling Subcommittee members, as submitted, with the exception of the at-large County representatives.

HEALTH & GENERAL SERVICES

CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the request to execute a Lease Agreement between Lake County and Mabel St. Jean for the fire station in Wekiva River Acres, and to encumber and expend funds. It was noted that the cost of the lease is $100.00 per month for nine months commencing January 8, 1991, and expiring October 7, 1991.

Commr. Swartz was not present for the vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

FIRE PROTECTION

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to execute the Interlocal Agreements between the City of Minneola, and the South Lake Fire District, whereby the Fire District will provide protection services to the City for a fee of $19,742.00.

COMMUNICATIONS/E-9-1-1/PUBLIC HEALTH/RESOLUTIONS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request to adopt a resolution imposing a local option fee for the payment of recurring charges for provision of 9-1-1 service and equipment of 50 cents per month per exchange line, up to a maximum of 25 exchange lines, to be paid by the local telephone subscribers for a period of twelve consecutive months, beginning October 1, 1991, and ending on September 30, 1992.

PLANNING & DEVELOPMENT

ORDINANCES/ZONING

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request for authorization to proceed with the Municipal Services Benefit Unit (M.S.B.U.) Ordinance for Greater Groves Planned Unit Development and approval to advertise a June, 1991, public hearing.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request above, as presented by Mr. Swanson, Director of Planning and Development.

LANDFILLS/ORDINANCES/COMMITTEES

Commr. Bailey announced that the scheduled time, 11:00 a.m., had arrived for the discussion of landfill fees and violations of the Flow Control Ordinance by Lake County roofers.

Ms. Cecelia Bonifay, Attorney representing Danis Industries, and Mr. Ken Oliver, appeared before the Board and presented a chronology of events and issues for the Board to review.

Ms. Bonifay directed the Board's attention to Page 3 of her Memorandum, which indicated Construction and Demolition Debris

Tipping Fees for surrounding counties or private landfills, with Lake County's fees being the highest amount charged, $40.00 per ton.

Ms. Bonifay discussed the history of events with the Board involving Danis Industries and Mr. Oliver, and stated that she was before the Board today to request two exemptions, one for Danis Industries to be allowed to take in-County generated waste at their facility, and one for Mr. Oliver, who has been hauling waste out of the County because of the lower tipping fees, so that he can report back to the Code Enforcement Board tomorrow that he has received an exemption, therefore, is not in violation, and will not suffer punitive measures in terms of fines ($150.00 per day).

Ms. Bonifay stated that, from an in-house memorandum dated March 27, 1991, which indicated that there are 16 illegal dump sites, only three letters were sent in regards to this issue. She further stated that the letter implies that the you need to apply for a Conditional Use Permit (CUP), and an Exemption.

Ms. Bonifay stated that the Ordinance is not accomplishing its objective, and referred to the memorandum from Mr. Don Findell, Director of Environmental Services, which was written to the Board regarding the issue being discussed. She stated that the summary of the memorandum indicates that exemptions should not be granted, and that there is no basis that this will undermine the solid waste system and monetarily is not physically prudent, because you are benefiting only one section of the business community at the expense of all of the taxpayers.

Ms. Bonifay stated that Tab 8 in her chronology of events, shows that a large amount of construction debris is being taken to illegal sites, and that a decrease in tonnage in the Lake County facility is directly related to an increase of cost to $40.00 per ton, with a staff member recommending lowering the fee to $15.00 per ton.

Ms. Bonifay stated that the Lake County Roofer's Association estimates that in 1990 approximately 7,566 tons of construction debris was not dumped in Lake County costing the County

$302,640.00. If Lake County had charged a reasonable rate of $15.00 per ton, it would have made $113,490.00.

Ms. Bonifay stated that the specific requests before the Board today are as follows: 1) to grant an exemption to Danis Industries, to allow them to take in-County generated waste at their landfill, 2) to grant Mr. Oliver an exemption in order to report to the Code Enforcement Board the action of the Board today, and 3) to address the cost of disposal of solid waste and the role that private landfills are going to play.

Commr. Gregg stated that construction debris is inert material, and a different class of material from the standard landfill material, and feels that to bury construction debris in existing open pits is a form of recycling that has been taking place for years. He stated that he feels there ought to be some provision to allow the continuation of private landfills, if the County is going to grant CUP's, and at the same time, allow a reasonable rate for inert material.

Mr. Findell stated that there has not been an appreciable difference in maintaining construction waste as opposed to solid hazardous waste. He stated that the construction waste requires more land consuming type of space, and fills the landfills much quicker. He stated that, from an equity standpoint, residential garbage producers should not have to subsidize the construction industry for the closure of landfills.

Commr. Swartz stated that he did not feel the Board should get into a position of subsidizing any particular segment, and that different classes of landfill material should be priced differently. He further stated that the County should not have been mixing inert yard waste and construction debris items in with the basic residential garbage. Commr. Swartz stated that a short term solution will be to identify those different types of classes of materials, and segregate a fair equitable cost. He recollected only one time that the Board granted an exemption, which involved waste cooking oils and fats. Commr. Swartz stated that he will not support an exemption for Danis Industries, to allow in-County waste

to go to their facility, because that will take away revenue, but will support the determination of fair costs.

Ms. Lustgarten stated that the County's service agreement requires that the County have a Flow Control Ordinance, which is incorporated into the bond conveyance, and which was mandated as part of their bond issue for the resource recovery facility. She referred to the two sections of the Lake County Code, Section

21-58, which provides that refuse generated in the County cannot be disposed of outside the County, unless there is an exemption, or an affirmative grant, issued by the Commission. Again, refuse generated outside of the County for disposal within the County, is also prohibited, unless specifically granted by the Commission. Should the Board consider an exemption, for a private landfill, they would also have to have the appropriate zoning for that particular use, if the Board chose to permit that use, and as of the present time, only a PFD or a M-1 zoning would permit the landfill use.

Ms. Lustgarten went on to discuss Section 21-62, which prohibits any waste generated or disposed of within the County to a facility other than a County designated facility, unless the Commission affirmatively approves such a disposal.

Commr. Hanson stated that there is no place better for dumping inert material than the clay pits that are already lined, and do not require closing.

Mr. Findell stated that, since everyone participates in filling the landfills, they ought to also participate in the closure of the landfills, and, for them to participate equitably, they should be charged the same amount for the disposal of the inert materials.

Commr. Gregg discussed the possibility of charging a cost per ton to the private landfills, and letting them charge anything over and above that to operate their landfills. He stated that he feels the County would still get money back toward the closure of landfills, and allow the filling of existing clay pits with inert material, and will do away with an eyesore and safety problem at

the same time. Commr. Gregg stated that this would prolong the life of the County's existing landfill by not filling it up with inert material, yet it still solves the equity problem.

Commr. Swartz stated that, strictly from a revenue standpoint, it would be in the best interest of the County to look at utilizing County property for this type of fill, which would allow the County to preserve some revenue, charging a fair and equitable amount, and this would allow the County to reclaim some of those old clay pits. Commr. Swartz stated that one of the conditions placed on Danis Industries involved them not being able to use their private landfill for in-County debris. If the County requested that they reapply, in order that this be granted, with the majority of the Board not wanting to allow the request, the County should be able to refund them the refiling fees.

Mr. Thelen stated that staff is attempting to police the County contracts, and that the criminal justice center itself, in terms of the debris and the earth that was moved, paid out over $350,000.00 for landfill costs. He stated that other construction projects are also checked, with fees being paid. Mr. Thelen stated that, on May 16, 1991, at the Special Budget Session, numbers will be provided for solid waste, and informed the Board that the County is looking at an $80.00 per ton tipping fee.

Ms. Bonifay stated that Danis Industries is requesting an exemption to accept in-County waste, because they do have their MP zoning in place, and are a DER (Department of Environmental Regulation) permitted landfill for construction demolition.

Mr. Findell discussed the other dump sites that are in violation of the Flow Control Ordinance, and the procedures that have been taken, in order to resolve the violations.

Ms. Jean Kaminski, Executive Director of the Homebuilders Association, appeared before the Board in support of the Board taking action on this issue, and stated that, as early as November 14, 1990, the Homebuilders Association had written a letter to the Board asking that this serious issue be addressed. She stated that the construction debris does not go to fulfill any of the tonnage

required for the incinerator. It is a totally different type of debris than household garbage, and unnecessarily diminishes the capacity of both the current landfill that the County is mandated to close, and future landfills that will be opening. Ms. Kaminski stated that the State of Florida Waste Management Act considers construction debris separately, and requested that the Board consider this serious problem.

Mr. Steve Richey, Attorney representing several material suppliers, appeared before the Board and discussed the decline in the purchase of reroofing materials in Lake County, but with renovation increasing during this time. He stated that sales are off 50% or more, and it was determined that the competition from other counties was coming in, buying the materials, not paying any of the local assessment sales tax, doing the job and taking away jobs from our roofers, and returning to Orange and Seminole Counties and dumping the material. Mr. Richey stated that Lake County is losing tipping fees, and other generated costs, and requested that the County give the private sector in Lake County relief.

Mr. Hubert Hartman appeared before the Board and stated that he opposed the Flow Control Ordinance when it was originally discussed, and questioned the enforcement of it. Mr. Hartman stated that he feels the Ordinance is unconstitutional, and questioned whether or not the County was policing the recycling material that is being removed from the County. He further stated that the County is placing an impact fee on the present homeowners who live here and pay taxes, and if the County continues to enforce the Ordinance, hundreds of dollars will be added to the cost of a roof. Mr. Hartman stated that he felt the Ordinance was a mistake to apparently correct another mistake, the incinerator. He stated that the best solution would be to repeal the Ordinance and proceed with practical business policies to control the problems being presented.

Mr. Thelen informed the Board that the Ordinance specifically exempts recycling materials, at the request of the cities. He

stated that the levying of $80.00 per ton is being proposed, if the County is going to meet the obligations under the current contract.

Commr. Swartz suggested that, on a temporary basis, and beginning immediately, and until such time as a resolution is presented to the Board to amend the solid waste charges, that the County go back for the inert construction debris, to the fee the County was charging prior to the $40.00 per ton, which was $25.00 per ton. This would be a significant rollback, with the average costs charged by other counties being approximately $25.00. He stated that this would be an immediate relief, until the County can compute what would be a fair solution to the problem. He questioned Ms. Bonifay if her clients would comply with the current ordinance and carry the construction debris to the appropriate disposal sites, with the Board sending information to Code Enforcement asking them to hold in abeyance all penalties until this issue has been resolved.

Ms. Bonifay stated that she could not respond today, but that Mr. Oliver could speak for himself. She stated that the Roofer's Association had met earlier and had determined a cost that was lower than the one being offered. Ms. Bonifay stated that the cost was $15.00 per ton, and the Association was using the County's facility.

Ms. Claire Bartlett, Manager of Solid Waste Operation, informed the Board that the previous fee was $15.00 per ton, and was increased to $40.00, in October, 1989.

Ms. Bonifay stated that the proposal would be a reasonable alternative, $20.00 per ton, and that prices have increased since 1989, and that the Board is showing a good faith effort in resolving the issue.

Commr. Gregg stated that $20.00 is a reasonable rate, until a further cost is determined, and that he would like to see the Board inform Code Enforcement of this, until such time that cost can be determined. He stated he does not feel that Mr. Oliver should be fined for what has occurred to the present time, however, he is not willing to grant him an exemption from here on. He further stated

that Code Enforcement should continue to enforce, based on the $20.00 fee, in-County disposal, until the matter is resolved. Commr. Gregg stated that he would like to see any fines waived for Mr. Oliver up to this point in time.

Commr. Swartz made a motion, which was seconded by Commr. Gregg, that, as a temporary solution to the issue before the Board today, the Board instruct a revision to the County's waste charges, that would include construction, demolition, inert debris at $20.00 per ton, to be done until such time staff can evaluate what the County's real costs are for that, and other classes of material, and that the County furthermore send a message to Code Enforcement asking them to continue those proceedings, not only the one case that is before them, but others that may be in the works, until that can be accomplished, but that they absolutely enforce at $20.00 per ton.

Commr. Swartz stated that, once the figures are brought back to the Board, he would like to see some alternatives to landfilling, and very expensive landfill conditions, and alternatives with some of the County's existing clay pits, costs associated with this, and an analysis of the fiscal impact on the solid waste budget.

The Chairman called for a vote on the motion, which was carried unanimously.

Discussion occurred regarding the procedures taken by Danis Industries to obtain their MP zoning ordinance, and the restrictions contained in their Conditional Use Permit (CUP). Ms. Bonifay stated that, when notices went out to the other illegal dump sites informing them that they needed to come get zoning and an exemption, then she figured that, since Danis had the appropriate zoning, they would only need an exemption, that there is a different process, other than a rezoning, that only deals with flow control.

Commr. Swartz suggested that, if the Board wants to entertain an exemption, that the Board ought to deal with the exemption. If the exemption is granted, then this will necessitate an amendment

to the ordinance. He stated that this was an issue he would like to see what the fiscal impact will be, and that he would not vote for an exemption today. He further stated that he would like this considered an one of the options for Mr. Findell to review. Commr. Swartz stated that he wanted Mr. Findell to be clear with his motion that all construction, inert debris will come under that class of debris. Commr. Swartz stated that this will be the direction for the staff when they leave today, with the instruction to come back with an amendment to the ordinance.

Commr. Gregg stated that, as additional data, he would like to include information allowing private landfills to handle this type of material, as far as what true costs of closing the existing landfills will be, and some reasonable charge for inspection of private landfills.

Mr. Thelen stated that some of the figures will be provided to the Board at the budget workshop on May 16, 1991, in relation to the solid waste issue, but that it will be July before staff can provide all of the information being requested today.

Mr. Richey stated that, as part of looking at the cost of closure versus the economic benefit to the County by having private landfills take some of this material, the County review the cost factor that would be involved with lenghthening a landfill. If the private sector saves the County capacity, there should be a benefit for the private sector.

Ms. Bonifay stated that she did not feel Danis Industries wanted to proceed with the rezoning process, which may take 90-120 days, if it is the consensus of the Board that it does not want to take action with regards to private landfills. She stated that Danis currently charges $15.00 per ton.

Mr. Dallas Wolford, Vice-President, Danis Industries, appeared before the Board and discussed the procedures used in obtaining the permit for his industry, and the losses he has incurred through its operation, due to the economy. Mr. Wolford discussed the issue of a cost savings to the County, that involves just the transportation to haul the material to the County facility, when he could use the

business and do a service to the community. He stated that he cannot get business at $15.00 per ton, much less $20.00, or more. Mr. Wolford stated that he owns the land, mans the scales, and will be doing the covering, and questions the cost to the County.

Commr. Gregg stated that there is a cost factored into the existing tipping fee to cover the costs of closing the landfill that everyone uses. He further stated that he did not feel that it would be fair to allow private landfills to operate and not pay the same costs that everyone else is having to pay for the closure of the landfill. Commr. Gregg stated that he could not support allowing private landfill operation unless there was some type of fee paid to the County for those costs, as everyone else is paying.

Mr. Findell discussed the costs that have been spent to close the different landfills, and the estimated costs to close the existing landfills.

Ms. Bonifay discussed the procedures that her client needs to follow, and stated that the logical process would be to start the rezoning procedure now, so that they will be in the necessary position when the Board makes a policy decision.

Commr. Gregg suggested that the Board not waive the fees in this issue, unless the Board decides it is not going to grant the exemption under any circumstances.

RESOLUTIONS/STATE AGENCIES

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request from Florida Citrus Mutual for a resolution requesting the President and U.S. Trade Representative to exclude all citrus products from the U.S. Mexican Trade Agreement.

RECESS & REASSEMBLY

At 12:40 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m.

PLANNING & DEVELOPMENT

COUNTY POLICY/PLANNING & DEVELOPMENT/ZONING

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board for the discussion of Planned Unit Development (PUD) Thresholds and the establishment of a County policy.

The information provided to the Board by Mr. Stubbs included rezoning requests, from April 1990 to April 1991, in excess of 40 acres or more, and the action taken by the Board. Mr. Stubbs stated that he understood that it was the consensus of the Board that they wanted the ability to require impact fees, and additional conditions that may needed for infrastructure improvements, rather than straight rezoning. He questioned the desire of the Board on these types of rezoning requests.

Commr. Gregg stated that he did not feel that the Board, on an unannounced basis, make a major change to the zoning ordinance, and suddenly say that the Board is not going to allow straight zoning for anything over 50 acres, and that it will have to be a PUD. He stated that, if the County is going to charge impact fees, they should not be charged to only PUD's.

Commr. Swartz stated that he felt the Board wanted more control over the larger projects, with the sentiment of the Board being that an individual should apply for whatever zoning he wants, and that the individual be made aware of previous action taken by the Board.

Commr. Bailey stated that he would prefer to look at each project on an individual basis, and keep the flexibility.

Commr. Hanson stated that she felt the Board wanted to give an indication that the Board would prefer to see a PUD rather than straight rezoning.

Commr. Swartz discussed the equity problem, with the Board requiring one developer to follow certain requirements and dedications, and not requiring another developer to meet any requirements. He stated that one of his concerns is that, in the County's subdivision regulations, if they are more stringently interpreted, then much that is required in PUD's, the County can require in straight zoning, but traditionally, this has not been done by the County. He stated that the issue is not the acreage,

but the requirements. Commr. Swartz stated that he would be satisfied if the County would more strictly enforce the subdivision regulations.

Mr. Steve Richey, representing the development community, appeared before the Board and stated that a developer has a two year limitation on PUD's. He stated that history has passed and PUD's are no longer an experimental type of zoning, and is now an economic hardship, when the County sets a threshold on fifty (50) acres, and say that, over 50 acres, you must do a PUD, but that the PUD will only last for two years, with a possible extension. Mr. Richey stated that one solution the Board may wish to consider is having some ability to extend that first two years. He went on to discuss the reason for requesting straight zoning. Mr. Richey stated that he feels the PUD ordinance needs to be reviewed, because of the length of time, and requested that the Board review the ordinance.

Discussion occurred regarding procedures used by other counties for PUD's.

Commr. Swartz discussed the Subdivision Article, Purpose and Intent, and recommended the County enforce the current ordinance.

Mr. Thelen stated that Mr. Stubbs will just have to present individuals who come in with a rezoning request, the history of action taken by the Board.

Mr. Greg Beliveau, Land Planning Group, appeared before the Board and suggested that no action be taken on this issue, until such time the Land Development Regulations (LDR's) are completed, with consideration being given to all time frames involved with PUD's.

Mr. Swanson stated that staff has short-listed the consultants, who will be preparing the LDR's, and will begin the interviews tomorrow. He stated that there will be two types of zoning to be reviewed, which include conventional zoning and performance zoning.

PUBLIC HEARING

BUDGETS/RESOLUTIONS

Mr. Al Thelen, County Manager, provided the Board with information concerning the mid-year budget report, and action taken previously by the Board. In April, eleven (11) positions under the Board's control were frozen. Six (6) of those related to the General Fund and Five (5) related to other funds. The mid-year budget recommends the reduction of nineteen (19) positions, which include others that were identified by Ms. Lois Martin, Personnel Director. In addition, the budget amendments recognizes the authorization of the three (3) positions approved for the Special Revenue Office in March, 1991. This means that the total authorized positions in the 1990-91 budget of 566 will be reduced by a net of sixteen (16) to a new authorized strength of 550.

Mr. Thelen continued to discuss his memorandum dated May 3, 1991, regarding the increases and decreases in the different funds, and the reduction in the Landfill Enterprise Fund, which will require the County to use bond funds for the closure of the Lady Lake landfill, as well as the Astatula landfill and the development of the new landfill site.

Mr. Thelen discussed his memorandum dated April 29, 1991, regarding the mid-year adjustment to the Solid Waste Budget. Mr. Thelen stated that staff had assumed that electric revenues, Ogden Martin equity payment and the revenues from out-of-county users would be classified as revenues. In actual practice, they are credits toward the Ogden Martin payments which reduce the expenditures side of the budget. Mr. Thelen went on to discuss the comparison of the original projections with the current practices and current estimates, which account for the $787,000.00 of the net increase in the County's operating costs of the waste-to-energy facility, leaving a balance of $865,058.00. This is due to the amount of waste that the County delivered to the facility during the period (August 1990 - February 1991).

Ms. Eleanor Anderson, Executive Director of Administrative Services, appeared before the Board and submitted, for the record,

the proof of publication of the public hearing and workshop. At this time, Ms. Anderson discussed the Mid-Year Budget Amendment Fiscal Year 1990-91.

Discussion occurred regarding the reorganization of the budget, with identification of programs that the County may not need.

Commr. Swartz stated that, when the County proceeds with mandatory collection, a mechanism needs to be provided for the end-user, and requested that additional information and alternatives be supplied to the Board by staff. He stated that an exemption process is needed.

Commr. Gregg discussed the issue he presented to the Industrial Development Authority (IDA) regarding the members taking the time to review proposed County ordinances, which will affect businesses. He stated that, once they review the ordinance, they will present, to the Board, their feelings about the effect it will have on attracting new industry to the County. Commr. Gregg stated that the members indicated that they would be more than happy to take the time to review the ordinances. He stated that he would like to get the consensus of the Board to make this a formal policy, that the ordinances will be passed onto the IDA that will have any effect on business. Commr. Gregg stated that the Board will still make the decision, and may overrule recommendations made by the IDA.

Discussion occurred regarding ordinances, and the costs that will be associated with them. Commr. Bailey suggested that the Board defer action of this issue until such time the Board has gone through the budget process, in order to determine if additional revenues will be available, or if additional taxes will be needed.

Mr. Thelen stated that he had requested Mr. Swanson provide him with a summary for this year and next year, of the items, and their costs, that the County has already indicated it will do, in order to make the necessary adjustments in the Capital Improvements Element. He stated that a summary list will be available within a week.

It was the consensus of the Board that staff will direct the proposed ordinance to the IDA for review, with the IDA then forwarding the ordinance to the Board with its recommendations.

Discussion occurred regarding staff providing the Board with a list of ordinances, and the costs involved with each, and involving other entities in the review of the proposed ordinances.

Mr. Thelen reiterated that he is concerned with the County heading towards an $80.00 tipping fee, and heading towards a three and one-half million dollar increase in the Corrections Budget.

Discussion occurred regarding the issue of a workshop being scheduled with the constitutional officers, in order to review the budget. Mr. Thelen stated that the figures will be available to the Board during the second or third week of June.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the necessary resolution and the proper signature on the Supplement Budget Amendments.

COMMISSIONERS

At 3:38 p.m., the Chairman turned the chairmanship over to Commr. Swartz.

ACCOUNTS ALLOWED/PUBLIC WORKS/UTILITIES

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the request to accept Change Order No. 1 to the Lake County Public Facilities Water System project, in the amount of $2,715.00.

Commr. Bailey was not present for the vote.

COMMISSIONERS

At 3:40 p.m., Commr. Swartz returned the chairmanship to Commr. Bailey.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request to accept Change Order No. 1 to the Astatula Fuel Facility Project, in the amount of $10,725.15.

ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS

COMMITTEES

Mr. Dave Warren, Director of the Tourist Development Department, appeared before the Board to discuss the request to award bid and to execute an agreement for photography to be used for the new brochures, print advertising, slide presentation and slides to be used for press kits, also for use in pop-up display, to Mark S. Gall, and to encumber and expend funds, in the amount of $8,250.00.

Commr. Gregg discussed the financial statement being requested from the advertising agencies, and suggested that, if the contract is a sizable one, this might be necessary, but not in this instance.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request as stated above, and as presented by Mr. Warren.

ACCOUNTS ALLOWED/COMMITTEES/CONTRACTS, LEASES & AGREEMENTS

Mr. Dave Warren, Director of Tourist Development Department, appeared before the Board to discuss the request to execute an Advertising Agreement with Worth International Communications Corporation for advertising in the Florida Vacation Guide, 1991-1992, and to encumber and expend funds in the amount of $7,205.00.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request as stated above, and as presented by Mr. Warren.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Ms. Julie Carpenter to serve on the Sign Ordinance Committee.

PUBLIC HEALTH/STATE AGENCIES

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss a letter received from the State indicating that the HRS County Public Health Unit (CPHU) will be provided with increases in several of the programs, but that the letter was also notifying the County that there will

be a decrease in the Sanitary Nuisance Program, and also a decrease in the funding for the Rabies Surveillance Program. Mr. Strickland stated that, by the County not responding to the decreases within the next 30 days will mean that these will become automatic amendments to the County's contract with HRS.

Mr. Strickland stated that a letter was prepared for the District Administrator for HRS stating that, in light of the recent budget cuts imposed by the State Department of Health and Rehabilitative Services, Lake County does not feel that endorsing this amendment is in the best interest of the County. Mr. Strickland went on to read the other objections stated within the letter.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board can authorize a letter, to be signed by the Chairman, but all that the County has authority to do is object to the fact that HRS is reducing the County's funds. She stated that the County can object, but HRS can simply go ahead with the reduction, and that, in the County's agreement, it automatically provides for this to be done.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the authorization of a letter, to be signed by the Chairman, expressing strong objection to the reduction in the County Public Health Unit Trust Fund, as presented by Mr. Strickland.

COMMISSIONERS

At 3:50 p.m., Commr. Bakich left the meeting, until the 5:05 p.m. public hearing.

COUNTY ATTORNEY'S MATTERS

COMMITTEES/LAWSUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, discussed the Dr. Kenneth Acre case, which was going to the Code Enforcement Board, and stated that there was a request for a hearing. She further stated that an appeal had been filed by the Bradys, who are the adjacent property owners, prior to an order actually having been issued. Ms. Lustgarten stated that the item had been

finalized before the Code Enforcement Board at their April 30, 1991, meeting. She stated that the Board declined the County's request for a rehearing, and confirmed their prior opinion that there was no violation. She further stated that this is being reviewed, in light of the possibility of an option for an appeal, which will be brought to the Board. Ms. Lustgarten stated that the Brady's appeal, which is pending without an order, is scheduled for a hearing in two weeks. She stated that an order will be filed by the County to dismiss this, because it is premature, in addition that they have no standing. This matter has been resolved by the Code Enforcement Board and Ms. Lustgarten will be coming back to the Board with a recommendation, as to whether or not the Board should appeal.

Ms. Lustgarten stated that, should the Board approve an appeal, and because her office sits with this Board and the Code Enforcement Board, outside counsel will be necessary to defend the appeal, in behalf of the Code Enforcement Board.

COURTS-JUDGES/PROPERTY APPRAISER

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the appeal of the Public Housing Finance Authority tax exemption had gone to the Supreme Court, with the Supreme Court choosing not to take jurisdiction over the matter. This particular facility has been determined to be tax exempt, with a concurrent impact on the tax roll.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.

Commr. Bakich was not present for the discussion and the vote.

RESOLUTION/WATER AUTHORITY

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the request for a Resolution supporting the acquisition of the Wolfbranch Sink by the Lake County Water Authority.

Commr. Bakich was not present for the discussion or the vote.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS/ZONING

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the appointment of John D. Driggers, Sr. to the District 4 position on the Planning and Zoning Commission, to replace Peg Beattie, and for a resolution to Peg Beattie in appreciation of her services.

Commr. Bakich was not present for the discussion or the vote.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS

It was noted that the Board was not in the position to make the appointments to the Advisory Committee for the Acquisition of Environmentally Sensitive Lands, or the Natural Resources Advisory Committee.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the Resolution for the acquisition of Environmentally Sensitive Lands.

Commr. Bakich was not present for the discussion or the vote.

EDUCATION/RESOLUTIONS

Commr. Gregg discussed a request, that Mr. Ken Bragg, Director of Vocational, Technical and Community Education for Lake County, had made for a resolution, or a letter, signed by the Chairman, and to be directed to the Governor, concerning the funds for the Public Safety Complex.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved for the Chairman to send a letter to the Governor regarding the funds for the Public Safety Complex.

Commr. Bakich was not present for the discussion or the vote.

COMMITTEES/BIDS

Commr. Gregg discussed the selling of industrial land, and the idea of going out to bid every time the County wanted to sell a parcel of land. He stated that discussion had occurred regarding assigning title to the land to the Industrial Development Authority (IDA), and making them the County's agent, in order that the land can sold based on the appraised value, and the costs involved with

the infrastructure improvement, to expedite the sale of the industrial park.

Ms. Annette Star Lustgarten, County Attorney, stated that State Statute and County Ordinance gives the IDA the authority to sell property, and that it does not have the same constraints that the County does, which does require the County to go through a bidding process. She stated that another option would be an Interlocal Agreement with the IDA appointing them to be the County's agent. Ms. Lustgarten stated that she will review the different options, in order to determine which will be more expeditious.

Mr. Al Thelen, County Manager, stated that the property has been appraised by Mr. Fred Kurras, and is available for use.

Mr. Jim Stivender, Director of Public Works, stated that, as part of the platting process, the legal description has been completed, in order to determine ownership.

Commr. Gregg requested Mr. Ken Bragg, Director of Vocational, Technical and Community Education for Lake County, go before the Tourist Development Council, on May 22, 1991, and make the same presentation. Commr. Gregg stated that 25 acres has already been approved for the Public Safety Complex, and that they will need 25 more acres, but the County needs to decide how it is going to proceed in giving them the necessary title to the property.

Mr. Al Thelen, County Manager, stated that the County has a letter of understanding with the School Board, which indicates that the County will make land available to them, with them trading land of equal value, or they pay the fair market value.

Commr. Gregg discussed the County not tying up 100 acres, but commit 25 acres, with an option for one year for an additional 25 acres, and with the ability to renew that option after one year.

Commr. Gregg stated that a recommendation was made at the IDA meeting to give them twelve months to obtain a permit, to avoid land speculators. He stated that it was his understanding, also, that the Board does not want an open firing range on this piece of property, with the IDA showing the same consensus.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:08 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA\BOARDMIN\5-7-91\5-30-91

The Lake County Board of County Commissioners met in special session on Tuesday, May 7, 1991, at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Don Bailey, Chairman; C. W. "Chick" Gregg; Michael J. Bakich; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Toni M. Austin, Deputy Clerk.

PUBLIC HEARING

EDUCATION/ORDINANCES

Commr. Bailey informed the Board that the time had arrived for the first public hearing on the proposed School Impact Fee Ordinance.

Commr. Gregg, along with Commr. Hanson, agreed that, at the last meeting regarding the proposed School Impact Fee Ordinance, the Board had supported tabling the issue until it received the ruling from the Supreme Court. Commr. Gregg stated that he is in favor of the School Impact Fee, and that, if it was the consensus of the Board, the Chairman should ask for opposition to this issue at this time.

Ms. Annette Star Lustgarten, County Attorney, discussed the proposed amendments to the School Impact Fee Ordinance, and requested that the Board take action on these sometime during the meeting.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the following amendments to the proposed School Impact Fee Ordinance, as presented by Ms. Lustgarten, County Attorney:

On Page 2, Line 1,

after "Lake County"

Insert:

Board of County Commissioners

On Page 2, Line 2

before "School Board"

insert "and"

after "of", strike "County Commissioners"

On Page 2, Line 30, strike

"established"

And Insert:

"establishing"

On Page 18, Line 6, strike

"appropriately"

And Insert:

"appropriate"

On Page 27, Line 26, strike

"waiver"

And Insert:

"waived"

Ms. Lustgarten stated that the Board members had before them a memorandum, which summarizes the proposed ordinance, and that the ordinance is essentially the same ordinance, as reviewed before, with some minor clarifications.

Mr. Tim Sullivan, School Board member, appeared before the Board and stated that the Impact Fee Study Committee reconvened, and reviewed, once again, Parks and Recreation, and directed staff to look at several items regarding this item. He stated that, at the same meeting, the Committee reviewed the educational impact fees, and there was a unanimous vote, by the Committee members, to support the fees, as proposed.

Dr. Tom Sanders, Superintendent of Schools, appeared before the Board and extended appreciation to the Board members for their support on the issue of School Impact Fees. He stated that, on

behalf of the school system, they all appreciated the Board bringing this issue back again. He stated that the School Board's position is that the County needs impact fees implemented immediately, and in its entirety, as outlined, and urged the Board to consider their position.

Mr. Jerry Smith, Chairman of the Lake County School Board, appeared before the Board and stated that, at the joint meeting, the School Board unanimously endorsed this concept, and urged the Board's immediate approval of this ordinance. He also thanked the Board publicly for the Board's willingness to work cooperatively with the School Board. At this time, Mr. Smith requested, by show of hands in the audience, the support of the ordinance, by each community. He stated that the citizens of the County, along with the School Board, encourage the Board to adopt the ordinance, and that they support the Board's decision.

Mr. Mike Stearman, City Manager, City of Eustis, appeared before the Board and stated that the City is encouraging the Board to adopt the proposed ordinance, and discussed the position of the County, in relation to the present recession. He stated that the City supports the action of the Board and encourages the Board to look at all of the proposed impact fees, but in particular, the school fees.

Mr. Hurbert Hartman appeared before the Board and stated that he was present in support of the impact fees for the schools, but that he opposed the action taken by the Board to take this issue by itself, and separating it from the other impact fees that are needed in this County for the services that are needed. Mr Hartman stated that, by doing this, the County is placing a burden on the people living in the unincorporated areas to cover costs of new developments and new services that are needed as badly as the school fees are needed. He questioned the separation of the ordinances, and stated that he favors the impact fees, and requested that the Board reconsider all of the impact fees for all of the other services, immediately. He further stated that, as he

understood it, the people in the unincorporated areas are subject to a non ad valorem tax, which we do not know what that will be. Mr. Hartman requested that the Board approve, across the Board, impact fees.

Ms. Anna Cowin, former School Board member, appeared before the Board and stated that she wanted to acknowledge the fact that the Board has reviewed this issue. Ms. Cowin stated that, if there was no action taken on this issue, after all of the years of extensive study, those years of study would have to be repeated. She stated that she is of the understanding that an amendment has been proposed to the Florida Constitution, both House and Senate bills, to limit the amount of assessment increases on property. Ms. Cowin stated that, three years ago, there was a failed bond issue for schools, and the School Board sent out a poll to every registered voter in the County, as to not only why the bond issued failed, but what particular tax the voters would support. She stated that only the impact fee was supported, and that, in October, 1990, she sent a survey to every registered voter in District Two, with the people supporting the impact fee. The people further indicated that they do not want less services, and they wanted at least the same services that they were receiving, or more, for schools. Ms. Cowin urged the Board to reconsider the issue of the placement of a school impact fee, even if it is gradual, so that we are not completely dependent on one source of revenue, until there is a funding source to support our needs in education.

Ms. Cecelia Bonifay, representing primarily the development interest of the County, appeared before the Board, not to oppose the school impact fees, but to discuss the fact that impact fees can only be used for capital construction, and can only charge new development its pro-rata share of its impact on the infrastructure of the level of service. She stated that there is no amount shown as to the deficiency, and that impact fees cannot fund the deficiencies that already exist. She further stated that, although

the case law does not specifically put this into the equation, the educational impact fee issues, where she has been involved, have indicated a time frame in which that deficiency will be made up, with the suggested time frame being 3-5 years. Ms. Bonifay stated that most everyone was in favor of the impact fees, as indicated by the surveys, but with the idea that it would affect only the new development, but the deficiency will have to be addressed.

Mr. David Connolly, City Commissioner of Leesburg, appeared before the Board and stated that the City of Leesburg fully supports the School Board Impact Fee Ordinance, and wanted this to be part of the record.

Ms. Lustgarten stated that no action was needed by the Board tonight, and that a second public hearing on this issue will be held May 21, 1991, at 7:30 p.m.

Commr. Bakich stated that he supports the school impact fees, recognizing the money that this will generate for the school system on an annual basis. At this time, he indicated that County staff is looking at mechanisms that may assist in the calculation of impact fees, in relation to families moving into a new home, or moving into a home previously owned.

Discussion occurred regarding the issue of paying impact fees on new dwellings, and not paying them on the older dwellings, with Commr. Hanson stating that the impact fees can be placed on the new dwellings, which will create a new demand for houses that are already in place, and that, in effect, will increase the property taxes of these houses.

Commr. Swartz stated, for the record, that an approximate revenue to be received, if this ordinance is enacted, will be one million dollars countywide.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:30 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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