The Lake County Board of County Commissioners met in regular session on Tuesday, June 11, 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; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Commr. Gregg was not present, due to being out of town. 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 Sandra Carter, Deputy Clerk.

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

MINUTES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 7, 1991 (Special Meeeting), as presented.

Regarding the Minutes of May 14, 1991, clarification was made regarding Commr. Swartz' presence during a vote, and language pertaining to a request by the County Attorney, Ms. Annette Star Lustgarten, for authorization to initiate an appeal, concerning a matter involving the Correctional Department employees' administrative hearing.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 14, 1991, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 136043 through Warrant No. 136486 for the following accounts:

General Revenue County Transportation Trust

Countywide Fire District Mt. Plymouth Fire District

Landfills Private Industry Council

Animal Shelter Trust Fund Aquatic Weed

Mosquito Control Capital Outlay

Pasco Fire District Northwest Fire District

Bassville Fire District Commissary Trust Fund

South Lake Fire District Road Impact

Countywide Library Resort & Development Fund Tax

Paisley Fire District Miscellaneous/Gas Fund

Emergency 911 Fund Revenue Sharing

Law Library Section 8

Criminal Justice Trust Fund

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Matthew Thomas Moore, Juvenile, and Robert Moore and Janice Moore, Parents, in the amount of $50.00 - Case Nos. 89-856-CJ and 89-964-CJ, and authorized proper signatures on same.

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Michael Lee Nash, Child, and John Nash and Sandy Nash, Parents, in the amount of $50.00 - Case Nos. 89-1090-CJ and 88-48-CJ, and authorized proper signatures on same.

COUNTY BUILDINGS & GROUNDS

Mr. James C. Watkins, Clerk, informed the Board (for

informational purposes) that he and Mr. Mike Anderson, Director of

Capital Improvements, were prepared to bring to the Board renderings of a proposed monument, in recognition of peace and service, as well as a recommended location for the monument, for the Board's approval.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Bakich, seconded by Commr. Hanson and

carried unanimously, the Board approved the following requests:

Appointments-Resignations/Private Industry Council

Request from the Private Industry Council for reappointment of Ms. Gena Swartz and Ms. Linda Every to the Volusia, Lake, Flagler Private Industry Council.

Accounts Allowed/Public Health

Request for authorization to pay the monthly Medicaid Nursing Home bill, in the amount of $32,005.58, and the Medicaid Hospital bill, in the amount of $21,873.41 (Medicaid bills for the month of April).

Deeds/Fire Protection

Request to accept Warranty Deed to the Harbor Hills Fire Station, located in the Northwest Fire District.

Contracts, Leases & Agreements/Elections

Request for approval of sites to be used for polling places during elections, and authorized proper signatures on agreements with the Supervisor of Elections' Office, regarding same.

Accounts Allowed/Bonds/Subdivisions

Request to release a maintenance bond, in the amount of $8,000.00, for maintenance of improvements in Lake Susan Outlook Subdivision (12 lots in District 3).

Accounts Allowed/Bonds/Subdivisions

Request to release a maintenance bond, in the amount of $2,441.20, for maintenance of improvements in Jeremy Place (9 lots in District 5).

Accounts Allowed/Subdivisions

Request to release an Irrevocable Letter of Credit, in the amount of $7,000.00, for maintenance of improvements in Wedgewood Club, First Addition (32 lots in District 5).

Accounts Allowed/Contracts, Leases & Agreements/State Agencies

Resolutions

Request to execute a Railroad Reimbursement Agreement and Resolution, with the Florida Department of Transportation, for one-half of the annual maintenance cost at Mt. Homer Road Crossing, and to encumber and expend funds, in the amount of $702.00, per year, and authorized proper signatures on same.

Accounts Allowed/Contracts, Leases & Agreements

Outdoor Recreation

Request to execute Advertising Agreement with the Florida Campground Association, for advertising in the 1992 Florida Camping Directory, and to encumber and expend funds, in the amount of $2,025.00, and authorized proper signatures on same.

Accounts Allowed/Contracts, Leases & Agreements

Outdoor Recreation

Request to execute Advertising Agreement with Orlando Media Affiliates, Inc., for advertising in Lake County Life magazine, and to encumber and expend funds, in the amount of $1,565.00, and authorized proper signatures on same.

Accounts Allowed/Contracts, Leases & Agreements

Outdoor Recreation

Request to execute Advertising Agreement with AAA World, for advertising in the September-October issue of AAA World's Florida edition, and to encumber and expend funds, in the amount of $4,687.00, and authorized proper signatures on same.

ACCOUNTS ALLOWED/BIDS

A brief discussion occurred regarding this request, at which

time Commr. Swartz stated that he was against the portion pertaining to the purchase of a used Chevy S-10 pickup truck, for Planning and Development, which he noted was four years old and had

50,000 miles on it. He stated he felt the County would be making a mistake to do so. It was the consensus of the Board to delete said portion from the request.

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

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/UTILITIES

Mr. Al Thelen, County Manager, explained this request.

A brief discussion occurred regarding this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board appointed a negotiating team for the acquisition of Southern States Utilities, consisting of Commr. Gregg; Mr. John McLeod, a member of the Industrial Development Council; Mr. Don Findell, Executive Director of Environmental Services; Ms. Annette Star Lustgarten, County Attorney; and Mr. Al Thelen, County Manager, and requested that Commr. Bailey sit in for Commr. Gregg during the time that he is out of town.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning and Development, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved a Scope of Services contract with the consulting firm of Henigar & Ray, for the preparation of the Land Development Regulations, subject to the County Attorney's final approval, and to encumber and expend funds, in the amount of $50,000.00, and authorized proper signatures on same.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

MOSQUITO-AQUATIC PLANT MANAGEMENT/STATE AGENCIES

Mr. Al Thelen, County Manager, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved an amendment to the FY 1990-91 contract between the Lake County Board of County Commissioners and the Florida Department of Natural Resources, Bureau of Aquatic Plant Research and Control, decreasing the total contract allocation for the aquatic plant management program by $50,000.00.

COMMITTEES/ENVIRONMENTAL SERVICES/LANDFILLS/FINANCE

Mr. Rick Patterson, Managing Consultant with Public Financial Management, Inc., the financial advisors for Lake County, appeared before the Board stating that on March 27, 1991, Public Financial Management, Inc. recommended to the Board to procure the investment banker for the Solid Waste financings, through a competitive selection process. He stated that a Selection Committee was put together, and the Board directed his firm to start work on the Request for Proposals (RFP), at which time he indicated how the RFP was structured. He stated the RFP was distributed to 20 different investment banking firms, which consisted of firms that Public Financial Management, Inc. felt had extensive resource recovery experience, as well as firms which the County had had positive experiences with in the past. He stated 11 firms responded, at which time said firms were shortlisted to six.

Commr. Bailey, Chairman, stated that the Selection Committee interviewed the six firms that were shortlisted, and, based on their cumulative scores, recommended the following three firms, in the order given:

Paine Webber Incorporated/A.G. Edwards and Sons, Inc.

Merrill Lynch Capital Markets

Smith Barney, Harris Upham & Co., Inc./Donaldson, Lufkin & Jenrette Securities Corporation

Due to the fact that Commr. Gregg was unable to be present at this meeting, Mr. Al Thelen, County Manager, read into the Minutes a letter he had received from Commr. Gregg, stating he would recommend a team consisting of Paine Webber, Merrill Lynch and Smith Barney, along with their associations with A. G. Edwards and DLJ. He suggested Paine Webber as the book-running senior manager; Smith Barney as co-senior manager; and Merrill Lynch; Donaldson, Lufkin & Jenrette Securities Corporation; and A. G. Edwards as co-managers. The letter was then submitted for the record.

Considerable discussion occurred regarding the three firms selected and as to what order each Commissioner would like them to be ranked.

A motion was made by Commr. Bakich to rank Paine Webber and Smith Barney as co-senior managers; Merrill Lynch as

co-manager; and that Mr. Watkins, Clerk; Mr. Thelen, County Manager; and Public Financial Management, Inc. come back to the Board with particulars, in reference to who might be the book runner.

The motion died for lack of a second.

A motion was then made by Commr. Hanson and seconded by Commr. Bakich (for discussion purposes only) to rank Paine Webber as the book-running senior manager; Smith Barney as co-senior manager; and Merrill Lynch as co-manager.

The Chairman called for a vote on the motion, which failed, due to a tie vote, with Commr. Swartz and Commr. Bakich voting "No".

A motion was then made by Commr. Swartz and seconded by Commr. Hanson to rank Paine Webber as book-running senior manager; Merrill Lynch as co-senior manager; and Smith Barney as co-manager.

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

Commr. Bakich voted "No".

HEALTH DEPARTMENT

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board and updated them on the Health Department project, on Woodlea Road. He stated it is anticipated that the work will be completed in September of this year.

COMMISSIONERS

At 10:40 a.m., Commr. Bailey, Chairman, turned the chair over to Commr. Swartz, Vice-Chairman.

ACCOUNTS ALLOWED/BIDS

Mr. Mike Anderson, Director of Capital Improvements, explained this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved a request to award a bid on the lift station to ABS Pumps (low bidder), in the amount of $4,989.00.

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

CONTRACTS, LEASES & AGREEMENTS/HEALTH DEPARTMENT

Mr. Mike Anderson, Director of Capital Improvements, explained this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved Change Orders 1 through 4, to Scheveling Construction Company, in the amount of $5,092.43, for the Woodlea Road Health Care Clinic.

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

COUNTY BUILDINGS & GROUNDS/JAILS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board and updated them on the Criminal Justice Facility and the Main Jail (which he stated continues to be on schedule). Regarding the Criminal Justice Facility, he stated that they have made up the one week that was lost due to the accident which occurred earlier this year involving a form failure. He stated they plan to have a "Topping Out" ceremony for the Criminal Justice Facility, to be held June 18, 1991, and invited the Commissioners to attend.

Mr. Anderson stated a substitution was made in the stone which is to be used on the exterior skin of the Criminal Justice Facility, noting that they are presently using granite. He stated four samples of stone have been temporarily applied to the ground level of the building, on the east side, near the entrance of the building, for the Board's viewing. He stated he would like to have a consensus from the Board as to which sample to use, before he commits to it, as it will be a rather large order.

Another matter Mr. Anderson brought to the attention of the Board is the fact that they have completed the column work for the bridge which will span across Main Street, from the Criminal Justice Facility to the Main Jail. He stated that on Friday, July 12, 1991, they would like to shut down Main Street and set the main span of the bridge in place, noting that staff will be discussing the matter with the City of Tavares, for their approval.

COMMISSIONERS

At 10:45 a.m., the Vice-Chairman, Commr. Swartz, turned the chair back over to the Chairman, Commr. Bailey.

COUNTY BUILDINGS & GROUNDS/JAILS (CONT'D.)

Mr. Mike Anderson, Director of Capital Improvements, brought to the attention of the Board a request from Barton-Malow to change the Project Manager for the Criminal Justice Facility from Mr. Mike McCabe to Mr. Johnny Vernon, who is presently the Project Superintendent, due to the fact that Barton-Malow has created a new Operations Division, in Atlanta, Georgia, called "Corrections Group", and Mr. McCabe has been named as its Director.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the above stated request, for a change in the Project Manager for the Criminal Justice Facility.

RECESS & REASSEMBLY

At 10:50 a.m. the Board recessed until 11:00 a.m.

TREE PROTECTION AND LANDSCAPING ORDINANCES WORKSHOP

COMMITTEES/ENVIRONMENTAL SERVICES/ORDINANCES

Mr. Don Findell, Executive Director of Environmental Services, appeared before the Board informing them that staff had prepared revisions to the Tree Protection and Landscaping Ordinances, as directed by the Board at the March 5, 1991 workshop, and would be reviewing them with the Board at this time.

Mr. Jim Barker, Director of Pollution Control, appeared before the Board stating that staff would be reviewing a memorandum containing twelve areas that were revised, as alluded to above.

Mr. Chris Bove, Environmental Resources Specialist, and Ms. Candace Martino, Environmental Specialist II, appeared before the Board and reviewed the following revisions, one by one, noting that eight of them were based on direction from the Board (given at the March 5, 1991 workshop), and three of them were suggestions from staff, based on further review of the tree protection ordinance:

. Section 17-119, Page 5, Removal of Trees Requires Permit

. Subsection 17-120 (a), Page 6, Rights-of-Way Exemption

. Subsection 17-120 (d), Page 6, Single Family or Duplex Exemption

. Subsection 17-120 (f), Pages 6-7b, Pine Plantations

. Subsection 17-122 (d) (10), Page 12, Replacement Requirements

. Subsection 17-123 (a), Page 12, Minimum Tree Requirements

. Subsection 17-128 (cc), Page 20, Landscape Definitions

. Subsection 17-130 (d) (3), Page 21, General Tree Requirements

. Subsection 17-130 (d) (4), Page 22, General Tree Requirements

. Subsection 17-130.1 (a), Pages 23-25, Required Landscaping Adjacent to Public Rights-of-Way

. Subsection 17-130.1 (b), Page 26, Landscaped Buffer Areas Between Land Uses

. Section 17-130.3 and 17-130.4, Pages 28-30, Recreational Vehicle Parks (RVPs) and Rental Lots

Considerable discussion occurred regarding the revisions, at which time the members of the Tree Protection and Landscaping Ordinances Committee answered questions presented by the Board, and Mr. Bove showed slides pertaining to existing and proposed rights-of-way standards, and existing and proposed land use buffering standards.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board authorized staff to advertise for a public hearing, to be held at the first available meeting in August, 1991, to hear the proposed ordinance amending the Tree Protection and Landscaping Ordinances.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:15 p.m.

________________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

________________________________

JAMES C. WATKINS, CLERK

SEC/6-11-91/6-13/91/BOARDMIN