The Lake County Board of County Commissioners met in regular session on Tuesday, October 1, 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. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Interim 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. Swartz.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of August 19, 1991, Redistricting Workshop, as presented.

Discussion occurred regarding the Minutes of August 20, 1991. The following amendments were made:

Page 7, Line 18: Change: "Bob Beucher" to "Bob Newman".

Page 25, Line 5: Correct: "...Corinthian Park and the Green Swamp." to "...Corinthian Park in the Green Swamp."

Page 37, Line 16: Insert: "...R-1-15 is not compatible...".

Page 38, Line 9: Delete: "6 months".

Page 39, Line 1: Delete: "in behalf of Mr. Harlow Middleton, Attorney,".

Page 42, Lines 19 and 20: Delete "for the development of one (1) acre single family residential homesites."

Page 43, Line 26: Insert: "Commr. Hanson stated that she is in favor of the request because of the conforming uses in the area, including a grocery store and a hardware store."

Page 45, Line 5: Change: "Commr. Bailey" to "Commr. Bakich".

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of August 20, 1991, as amended.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of August 22, 1991, Town Hall Meeting - Astor, as presented.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of September 3, 1991, FY 91-92 Budget Public Hearing, as presented.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

At this time, Ms. LeEster Koranteng, Personnel Department, introduced the following individuals, and presented personal achievements of each, with Commr. Bailey presenting the awards, plaques and resolutions:

Presentation of employee of the month plaque and savings bond

Frank Woodson - Building Maintenance Supervisor, Parks and Facilities Division, Public Works Department, for October, 1991.

Presentation of plaques to employees with five years of service

David E. Block - Fire Lieutenant, Fire Suppression

Sue E. Gullickson - Buyer, Office of Purchasing

Arthur W. Newcombe - Bailiff Lieutenant, Bailiffs

Judy C. Swails - Corrections Officer, Corrections

CONSTITUTIONAL OFFICERS

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

Accounts Allowed

Request for payment of Warrant #140690 through Warrant #140888 for the following accounts:

County Transportation Trust Landfills

General Revenue Private Industry Council

Countywide Fire District South Lake Fire District

Animal Shelter Trust Fund Aquatic Weed

Mosquito Control Bassville Fire District

Commissary Trust Fund Law Library

Resort & Development Fund Tax Capital Outlay

Pasco Fire District Northwest Fire District

Mt. Plymouth Fire District Countywide Library

Miscellaneous/Gas Fund Emergency 911 Fund

Section 8 Paisley Fire District

Northeast Ambulance Northwest Ambulance

BONDS - CONTRACTOR

Stipulations

4205-91 Blue Ribbon Plumbing Inc.

4228-91 W. Stephen Nave

4736-91 Darrell Chandler

4887-91 S & T Electric of Lake County Inc.

Cancellations

415-91 Bobby E. Faircloth

1140-91 Robert L. Hamel

1658-91 Howton Electric

1874-91 John A. Whitten

1886-91 James R. Garner

4504-91 Sauer Septic Systems

4691-91 Jerry R. Blackford

4918-91 Kevin D. Bartman

New

4475-91 Sunshine Air & Heat

5015-91 Michael B. Hayes d/b/a M B Hayes Inc. (Electrical)

181-92 Aubrey Munn (Heating & Air Conditioning)

390-92 Thomas Graham Phillips (Electrical)

792-92 Emmett Sapp Builders, Inc. (Building Contractor)

801-92 Stinson Electric Inc.

1202-92 Cee Jay Pools, Inc. and Richard M. Harper

1242-92 John E. Rennebu d/b/a Rakes Electric

1273-92 Pat S. Smith & Pat's Electric, Inc.

1274-92 Mike Singletary d/b/a Air-Comfort Design Specialists Inc.

(Mechanical)

1378-92 Derrel Baugh d/b/a Baugh Electric

1616-92 Richard T. Brennan d/b/a Brennan Electric

1652-92 Kenneth E. Hastings d/b/a 4 Seasons Air Conditioning and Heating, Inc.

1674-92 Robert C. Kohn d/b/a Kohn Construction & Electric, Inc.

1891-92 Robert V. Stasio (Residence Building)

1895-92 Roy S. Blodgett d/b/a Cee Bee Air Systems, Inc. (Mechanical)

2004-92 Robert Clouse d/b/a Kiley-Clouse Plumbing, Inc.

3019-92 Dan-Bar Electric, Inc.

3096-92 Terry Fisher Ross (Plumbing)

4121-92 Thomas A. Orie, Sr. d/b/a Superior Aluminum Installations, Inc.

4210-92 Carl Munn (Heating & Air Conditioning)

4241-92 Gregory D. Baugh d/b/a Baugh Electric

4325-92 John M. Roberts (Residential Contracting)

4353-92 Henry Fehrmann Heating & Air Conditioning, Inc.

4390-92 Joseph Borruso (Electrical)

4399-92 Silas L. Derrick (Electrical)

4535-92 John Kiley d/b/a Kiley Clouse Plumbing Inc.

4625-92 Martin P. Liles d/b/a Liles Electric Co.

4689-92 Lyndon G. Denelsbeck d/b/a Tropical Plumbing

5013-92 Silliman Homes Inc. (General Contractor)

5016-92 Timothy J. Hefner d/b/a Hefner Plumbing Co.

5017-92 Thomas Harlan Shelton (Electrical)

5018-92 William Varhol d/b/a Varhol Electric

244-93 Jacob M. Vander Meer (General)

384-93 John R. Allen d/b/a Bob Allen Roofing

1783-93 Jim Turner d/b/a Jim Turner Plumbing

1983-93 Joe E. Kinder (Residential Building)

4151-93 James Paynter, Jr. d/b/a Paynter & Sons (Masonry)

4476-93 DePriest Air Conditioning & Heating, Inc.

4557-93 Craig Roger Construction Co., Inc. (Residential)

4661-93 Judson W. Stringfellow (Residential)

4821-93 James R. Russell d/b/a Bubbas Construction (Aluminum

Siding)

Accounts Allowed/County Property

List of items (4) to be deleted from Fixed Assets, for the month of October 1991, in the amount of $31,180.00.

Accounts Allowed/Courts-Judgments

Satisfaction of Judgments, as follows:

a. Case No. 89-664-CJ, Thomas Allen Williams, child, and David and Dorothy Williams, in the amount of $50.00.

b. Case No. 88-882-CJ, Stanley Platt, Jr., child, and Stanley and Alice Platt, Sr., in the amount of $50.00.

c. Case No. 87-1099-CJ, Stan Platt, child, and Stan and Alice Platt, in the amount of $50.00.

Elections/State Agencies

Request to acknowledge receipt of the letter from the Florida Department of State, Division of Elections, Tallahassee, Florida, to the Honorable Emogene W. Stegall, Supervisor of Elections, stating that she was certified on October 1, 1980, Pursuant to Section 145.09(3) (a) (b) and (c), Florida Statutes, to receive supplemental salary.

PUBLIC DEFENDER

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the agreement with Michele Morley as attorney in conflict cases for FY 91-92.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the agreement with R. Thomas Carle as attorney for additional conflict cases for FY 91-92.

COUNTY MANAGER'S CONSENT AGENDA

Administrative Services/Budget

Mr. Mike Anderson, Interim County Manager, informed the Board that Tab 5, the request for transfer of funds to various Departments and other budget related items, needed to be clarified. Mr. Anderson stated that it was brought to his attention that the fire district insurance premiums have to be paid in October, and there are insufficient funds to cover the costs. The Office of

Management/Budget (OMB) has proposed paying the insurance from the 520 Insurance Fund (Internal Service Fund). Mr. Anderson stated that the Finance Department, however, indicates that the payment must be treated like a loan.

Ms. Eleanor Anderson, Executive Director of Office Management/Budget, appeared before the Board and stated that the fire districts have been incorporated into the insurance fund. She stated that the fire assessments come into the County in November or December, and the premiums are due October 1, 1991. Ms. Anderson requested that the premiums be paid out of the Insurance Fund, which was budgeted appropriately and, when the assessments are received, they will be refunded to pay for the premium. She stated that it is not budgeted as a loan.

Mr. Jim Schuster, Finance Director, appeared before the Board to discuss this request, and stated that he has reviewed this as a loan, due to paying expenses in the future; secondly, a lend was made in the budget; and thirdly, the self-insurance fund was not designed to pay the premiums of the fire districts. They have always been paid out of the fire district, and are not self-insured. Therefore, a change has been made in policy. Mr. Schuster stated that there are no reasons to charge the insurance policies to the self-insurance fund except for cash flow purposes, which will constitute a loan, which is his interpretation of the request. Mr. Schuster stated that, from an accounting perspective and from interpreting the transaction, it appears from the supporting documentation and the statements, that this is an inter-fund loan. He stated that he hoped the Board will keep the self-insurance fund strictly for self-insured risks, unless the Board intends to go to self-insurance for the fire districts. He recommended, with inter-fund loans, the Board specify interest that will be paid, a repayment date, and place an internal leave on the proceeds with the special assessments, in order that the loan be repaid.

Ms. Anderson stated that her interpretation is that this is an internal fund, and that she consulted with the auditors, and the Board can do pass-through for premiums. She stated that the funds have been budgeted properly and that monies are coming from the fire fund and going into the insurance fund. She stated that this is partly for cash flow purposes, and that eventually she hoped that the County will look at the fire district itself going into self insurance. Ms. Anderson stated that this would be a change in policy, but that this was presented at the time the fire budget was presented, with this intent.

Discussion occurred regarding the interpretations being made on the issue, with the questions of whether or not the Clerk's Office, as Comptroller for the Board, will book the proposal the way it is being presented by Ms. Anderson, if the Board chooses to approve the request.

Mr. Anderson stated that he consulted with Mr. Steve Vodennicker, Ernest & Young, who assured him that the proposal being made by the Office of Management/Budget is not unusual, but that he did share the same concern as Mr. Schuster with the term "loan". Mr. Vodennicker stated that, if the Board was going to consider moving the monies over to the fire district into the insurance fund, it would take Board approval to transfer the funds, and with determination being made for the appropriate responsibility for payback associated with it. He stated that the Board does need to consider how this will impact the County next year.

Commr. Swartz requested that the Clerk's Office book the transaction as being proposed by Ms. Anderson, Office of Management/Budget.

Mr. Schuster discussed the definition of "loan", and stated that this has raised the question of whether or not this is an appropriate use of the self-insurance fund as cash. He stated that, from an accounting standpoint, if the monies were paid back within 60 days, this would not constitute a loan, but the fact the

County is going an extended amount of time brings forth the issue of a possible "loan".

Commr. Swartz requested that the Board pull Tab 5 for further discussion.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved Tabs 3-13, with the exception of Tab 5, with the inclusion of the supplemental agenda item from Public Works, as follows:

Administrative Services/Budget

Personnel

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

Accounts Allowed

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:

Contracts, Leases & Agreements/Insurance

Request for approval of wording to clarify health plan benefits and corresponding changes to prescription drug provider contracts.

Environmental Services

Accounts Allowed/Contracts, Leases & Agreements

Environmental Services

Request for approval and signatures on three month extension of FY 90/91 Florida Department of Environmental Regulation Storage Tanks Contract, at an increase of $37,318.59.

Contracts, Leases & Agreements/Environmental Services

Request approval and signatures on Right-of-Entry Agreement for Environmental Consulting and Technology, Inc. to install groundwater monitoring wells on County property at the corner of Main Street and Sinclair Avenue.

Health & General Services

Appointments-Resignations/Committees/Health & General Services

Request for appointment of Ms. Myra Smith, Social Services Supervisor, to the Lake Community Action Agency, Inc. Board of Directors, from January 1, 1992 through December 31, 1992.

Appointments-Resignations/Public Health

Request acknowledgment of the nomination of Robert Reymont, Emergency Management Coordinator, to the Emergency Medical Services (EMS) Matching Grant Evaluation Team for a two year term.

Planning & Development

Contracts, Leases & Agreements/Municipalities/Planning

and Development

Request approval and signature on the First Amendment to Interlocal Agreements between Lake County and the following cities relating to the collection of Lake County Impact Fees:

a. Fruitland Park

b. Mascotte

c. Tavares

d. Howey-in-the-Hills

Public Works

Education/Signs/Roads-County & State

Request to establish Speed Limit Signs and School Zone Signs on Lane Park Cut-off #3-3444 (35 MPH Speed Limit); and, in front of Tavares Middle School (20 MPH Speed Limit).

Deeds/Road Projects/Subdivisions

Request to accept the following Statutory Warranty Deeds:

For Road Project

Robert F. Grill and Nancy P. Grill - Lake Seneca Rd., #4-5983

Ross L. Golden - Phillips Rd., #2-1024

Marty A. Norman - Round Lake Rd. #4-4183

Lucie T. LaRue - Bronson Rd. #3-1038

For Magnolia Island Subdivision

E. R. Jahna Industries, Inc. - Hartle Rd. (Extension)

Joost P. Zyderveld - Hartle Rd. (Extension)

Administrative Services/Budget (Cont.)

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved Tab 5, which pertains to the request for the transfer of funds to various departments and other budget related items, including the supplemental agenda, as amended by Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, as follows, with the inclusion of, under Risk Management, No. 1, that this be booked as staff recommended for a period of 60 days, review it during that time frame, and come back to the Board, if the Board needs to make any changes:

1. Office of Management and Budget

Fund: General Fund

Department: Corrections

Division: Detention

From: Personal Services $40,000

To: Operating Expenses $40,000

Transfer #: 91-0425

2. Fund: Resort Development tax

Department: Tourist Development

From: Operating Expenses $14,005

To: Operating Expenses $14,005

Transfer #: 91-0426

3. Fund: North Lake Hospital Fund

Department: Health & General Services

Division: Health & Human Services

From: Special Reserve $794,182

To: Operating Expenses $794,182

Transfer #: 91-0421

Risk Management

1. Request for approval of payment of fire district insurance premiums from the 520 Insurance Fund (Internal Service Fund) to be refunded during the fiscal year from fire district budget/revenue. The Consolidated Fire District will receive its revenue in January but must pay $345,984 in insurance premiums due 10/1/91. The balance in the County Insurance Fund is sufficient to cover these outlays until the Fire District has adequate funds to repay them.

Office of Management and Budget

1. Fund: General Fund

Department: Judicial & Constitutional

Division: Various Divisions

From: Contingency $31,803

To: Various Cost Centers $31,803

Transfer #: 91-0429

The balance in the General Fund Contingency after this transfer will be $19,407.00.

PLANNING & DEVELOPMENT/BUILDING DEPARTMENT

Mr. Carl Ludecke, Lake County Homebuilders Association, appeared before the Board and stated that the Association, at its Director's Meeting, voted to purchase a fax machine for the County Building Department.

Ms. Annette Star Lustgarten, County Attorney, stated that the County is able to accept valid offers.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to accept the fax machine from the Lake County Homebuilder's Association, subject to the County Attorney's review.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/PUBLIC HEALTH/COUNTY MANAGER

Mr. Mike Anderson, Interim County Manager, was present to discuss the request with the Board.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request from Capital Improvements for the Scheveling Construction's Change Order OPR #1200-10, 1200-11 and 1200-12, in the amount of $1,993.00 for additional work being performed at the Tavares Health Clinic on Woodlea Road.

COUNTY BUILDINGS & GROUNDS/JAILS

Mr. Mike Anderson, Interim County Manager, discussed the request from Capital Improvements for a Board workshop to review the Hellmuth, Obata & Kassabaum (HOK) Space Study.

At this time, a workshop was scheduled for October 11, 1991, at 10:00 a.m.

COUNTY BUILDINGS & GROUNDS/JAILS

Mr. Mike Anderson, Interim County Manager, discussed the request from Capital Improvements to proceed with the removal and disposal of guard towers and detention trailers. Mr. Anderson stated that, to date, the County has had limited interest in the towers and the trailers. Those groups interested in either of the facilities are willing to remove them at no cost to the County, but

are not willing, or able, to pay for the structures. He further stated that he has requested that Purchasing prepare an advertisement for the area newspapers, so that interested parties can submit a bid.

Mr. Terry Corneya, County Agriculture Extension Director, appeared before the Board and stated that the 4-H Organization is interested in procuring the buildings, and moving them to the 4-H camp in the Ocala Forest in Lake County. He stated that the preliminary cost is in excess of $25,000.00 to move the buildings. He further stated that the 4-H Organization can manage the moving costs, but not monies to pay for the structures. Mr. Corneya stated that the 4-H Organization reserves the privilege to acquire a firm bid from a mover.

Commr. Bailey stated that Ms. Gayle Bass, Representative Everett Kelly's Office, called him about the Sunrise Workshop expressing a desire to acquire the buildings.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board authorized staff to advertise for bids, or proposals, and to take the necessary steps to declare the items above as surplus, in preparation for their removal from the property.

PUBLIC HEARINGS/TIMES CERTAIN

EDUCATION/REPORTS

At 10:00 a.m., Commr. Bailey announced that the advertised time had arrived for the School Board presentation of the annual report on the capital improvements projects regarding the school impact fees. Commr. Bailey recognized Dr. Jerry Smith, Chairman of the Lake County School Board, Dr. Tom Sanders, Superintendent of the Lake County Schools, and Mr. Gene Molnar, Lake County Schools.

Dr. Jerry Smith appeared before the Board to discuss Lake County Ordinance 1991-8, which establishes school impact fees, specifically Page 21, Section 14, Paragraph D, which outlines that, once each fiscal year the School Board shall present to the Board of County Commissioners a proposed capital improvement program for

educational facilities assigning funds including any accrued interest from the School Impact Fee Trust Fund to specific educational capital improvement projects and related expenses within the appropriate school impact fee districts.

Dr. Tom Sanders appeared before the Board and discussed the intent for the use of the impact fee for the coming year. At this time, Dr. Sanders raised the question for future presentations to be made before the Board.

Ms. Annette Star Lustgarten, County Attorney, addressed the issue and stated that the Ordinance requires an Interlocal Agreement, which is in draft form, and will be presented to the School Board by the end of the week. She further stated that, when the ordinance was drafted, the intent was that an appearance would be made at the Board meeting by a School Board member, or representative.

Dr. Sanders stated that some member of his staff will make the appearance and be available at the meeting, should there be any questions.

ACCOUNTS ALLOWED/BUDGETS/CLERK/COUNTY BUILDINGS & GROUNDS

Mr. Mike Anderson, Interim County Manager, discussed the request for Capital Improvements to increase the estimated Design/Build budget for the Clerk's Records Storage Building from $400,000.00 to $450,000.00.

Mr. Anderson stated that, on November 6, 1990, the Board approved a request for an estimated $400,000.00 for the construction of a Records Storage Building for the Clerk of Courts. He stated that bids were solicited using the cost of $350,000.00 for the construction budget, and the estimate was prepared without any sites specific. During this time, a site was selected, which is located adjacent to the Mosquito Control site. Mr. Anderson stated that soil testing indicated a very poor building site, and the bids were disqualified.

Commr. Hanson stated that she would like to research another alternative for the records storage space, due to changes made since that time regarding County building space.

Commr. Bailey stated that he would not support this request at this time of adding an additional governmental building, and stated that he would like the County to look at other alternatives for space. He stated that he would like to wait until after the space study is completed.

Commr. Swartz discussed the old post office presently being used for records storage space, and the discussion that took place in the past regarding use of the old jail, with this area being eliminated, because it did not meet the necessary criteria needed for the space to be used for records storage.

Mr. Anderson stated that the design of a records storage building is a unique design. The post office only meets some of the criteria for storage, and Mr. Anderson discussed the criteria that is needed, and which causes the jail to be eliminated. Mr. Anderson stated that the space study would be beneficial to the Board to review, in order for the Board to plan the short-term and long-range plans for the County. He stated that the study does indicate a need for the records storage building, and that he would like the Board to have the opportunity to review the study.

Mr. Bob McKee, Chief Deputy Clerk, stated that the Clerk's Office feels that this is a worthwhile project, and is receptive to any viable alternatives for records storage space. Mr. McKee stated that there are certain specific criteria that is presently not being met at the present storage building, but that, hopefully the criteria will be completely met in the future, either with the construction of a new building, or the renovation of an older one. As far as the site is concerned, Mr. McKee stated that this is one of the driving sources in making this a viable project, and that the usage of a particular site needs to be used for a facility that requires minimal to no parking.

Commr. Hanson made a motion, which was seconded by Commr. Swartz, to postpone action on the above request, with the Board considering the request again after the October 11, 1991, meeting, when the space study will be made available.

Mr. McKee recommended to the Board that the constitutional officers be invited to participate in the discussion of the space study.

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

RESOLUTIONS/ENVIRONMENTAL SERVICES/PLANNING & DEVELOPMENT

HEALTH & GENERAL SERVICES

Mr. Mike Anderson, Interim County Manager, requested that Tab 18 regarding a resolution adopting a Schedule of Fees for various departments be postponed and pulled from the agenda and brought before the Board next week.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the postponement of the above request.

HEALTH & GENERAL SERVICES

VETERANS SERVICE/PUBLIC HEALTH

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request from Veterans Service Office for consideration of site selection of the Veterans Nursing Home. Mr. Strickland stated that this involves the County committing to a site and donating the site location for the nursing home.

Mr. Strickland discussed the request and stated that, any of the nursing homes that are licensed have to provide 61% of their beds for Medicaid residents. This could cause the County to have to pay $55.00 per month for each of the residents, which would create an expansion of the County's Medicaid billing. Mr. Strickland suggested that the Board delay approving this request, because of the information provided.

Mr. Strickland stated that Lake County has been on record for some time opposing other nursing home openings in the County until the resident law is clarified, because of the increase in Medicaid. At this time, Mr. Strickland recommended denial of the request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board denied the request from the Veterans Service Office, as recommended by Mr. Strickland, Director of Health and General Services.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

LIBRARIES

Mr. Lonnie Strickland, Director of Health and General Services, was present to discuss the request with the Board.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signature, encumbrance and expenditure of funds for the Interlocal Agreement between the Lake County Board of County Commissioners and the City of Tavares relating to the provision of administrative services for the Lake County Library System, in the amount of $13,275.00.

COUNTY ATTORNEY MATTERS

STATE AGENCIES/ZONING

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a hearing officer, Mr. Don W. Davis, has been assigned to the administrative hearing on the Comprehensive Plan.

Ms. Lustgarten informed the Board that the Corinthian Park and Ray Ranch rezoning issues that were challenged by the Department of Community Affairs were scheduled to go to the Governor and Cabinet on September 24, 1991, for assignment to the Department of Administrative Hearings. A request was made to defer action until October 10, 1991. She stated that staff recommendation is that it be deferred to an administrative hearing officer.

COMMISSIONER BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved payment of Warrant #140690 through Warrant #140888, for the following accounts:

County Transportation Trust Landfills

General Revenue Private Industry Council

Countywide Fire District South Lake Fire District

Animal Shelter Trust Fund Aquatic Weed

Mosquito Control Bassville Fire District

Commissary Trust Fund Law Library

Resort & Development Fund Tax Capital Outlay

Pasco Fire District Northwest Fire District

Mt. Plymouth Fire District Countywide Library

Miscellaneous/Gas Fund Emergency 911 Fund

Section 8 Paisley Fire District

Northeast Ambulance Northwest Ambulance

EDUCATION/PUBLIC HEALTH/RESOLUTIONS

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved a Proclamation designating the week of October 19-27 as "Red Ribbon Week" in Lake County.

EDUCATION/MUNICIPALITIES/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request from the City of Tavares to participate in the maintenance costs of street lighting for the new Tavares Middle School. The street lighting would be at three intersections, State Road 19 and County Road 561; State Road 19 and Lane Park Cut-off Road; and County Road 561 and Lane Park Cut-off Road. Mr. Stivender stated that the intersection at State Road 19 and County Road 561 was the only one on the County's list for street lighting primarily because of the high volume of traffic. At this time, Mr. Stivender discussed the concerns of the City and the School. It was also noted that the other two intersections were not included in the County's street lighting program, because at the time, these two roads and the school had not been planned.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved for staff to enter into an agreement with the City of Tavares and the School Board for the maintenance service costs of the lights at the above intersections, and that County Transportation Trust (CTT) funds be used equally for the expenditures.

It was noted that the City of Tavares would be billed, with the School Board and County reimbursing the City.

PUBLIC HEARINGS/TIMES CERTAIN

MUNICIPALITIES/ORDINANCES

Mr. Jim Stivender, Director of Public Works, appeared before the Board for the discussion on participation in the Impact Fee Program by Lady Lake. Mr. Stivender stated that Mr. John Swanson, Director of Planning and Development, and he met with Mr. John Lynch, Lady Lake City Manager, on September 24, 1991, as directed by the Board at their September 16, 1991 meeting with the Lady Lake City Council. He discussed areas of concerns expressed by the City, including impact fee rates for commercial uses being to high for their area, and district line changes.

Commr. Bailey acknowledged the presence of Mr. John Lynch, City Manager of the Town of Lady Lake; Mr. Bob Williams, Attorney; and Mr. Rex Taylor, City Manager of the City of Leesburg.

Mr. Stivender stated that district line boundaries do create an administrative change in administrative costs.

Mr. John Lynch appeared before the Board and stated that, after the preliminary meeting, it has been suggested that there is room for further discussion on a broader range of issues. He stated that he is not supporting the proposed line changes today, and stated that there are other inner related issues concerning money that need to be discussed.

It was noted that this was strictly an update on the issue, and no Board action was needed.

OUTDOOR RECREATION

Commr. Bailey stated that the Board needed to acknowledge receipt of the notification from the Florida Freewheelers, Inc. concerning their race to be held on November 17, 1991.

Commr. Swartz requested that Mr. Chuck Pula, Director of Parks and Recreation, get involved with this request, and to make sure that this particular event is handled properly in the field of safety.

COMMITTEES/COUNTY MANAGER

Discussion occurred regarding the appointment of a Selection Committee for the County Manager position.

Commr. Bailey suggested that each Commissioner appoint one individual to serve on the committee.

Commr. Swartz stated that he had the opportunity to talk with someone who served on the Citizens Selection Committee for the selection appointment of Dr. Carl Anderson, President of Lake Sumter Community College. At this time, he discussed the procedures used by the college to form its committee, and the procedures used by the appointed committee members when they selected the applicants to be interviewed for the position of president.

Commr. Bailey stated that he would prefer to see a small committee with 7-10 members at the most, with Commr. Bakich suggesting that each Commissioner make two appointments to the selection committee.

At this time, it was the consensus of the Board that each member would make two appointments to the selection committee.

Commr. Swartz suggested that Ms. Lois Martin, Director of Personnel, contact the college and get the particulars involved with the procedures used by the appointed members when selecting and ranking the applicants.

The Board decided to have the members appointed by October 15, 1991.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board authorized staff to communicate with Lake Sumter Community College for the detailed information for the selection process used by them to select the president of the college, and for each commissioner to appoint two members to the selection committee for the County Manager position, to represent equally the Lake County community.

RESOLUTIONS/ROADS-COUNTY & STATE

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved the resolution adopting the name of Central Florida Greeneway for the new beltway.

The motion carried with a 3-1 vote, with Commr. Swartz voting "no", and Commr. Gregg not being present.

MEETINGS/MUNICIPALITIES/ENVIRONMENTAL SERVICES

Discussion occurred regarding the scheduling of a meeting on solid waste between the League of Cities (City Commissioners) and the County.

Commr. Bailey stated that he has talked with Mr. Welton Cadwell, President of the League of Cities, about a meeting site for a round table discussion.

Commr. Swartz requested that the Board authorize Commr. Bailey to meet with the League of Cities to coordinate this meeting, with the 22nd or 29th of October, 1991 being available for the Board, and report back to the Board on the neutral site.

RECESS & REASSEMBLY

At 11:00 a.m., the Chairman announced that the Board would recess for five minutes, in order that Post, Buckley, Schuh & Jernigan (PBSJ) can setup for their presentation.

PUBLIC HEARINGS/TIMES CERTAIN

ENVIRONMENTAL SERVICES/LANDFILLS/RESOLUTIONS

Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the report being made today summarizes the technical evaluation of the proposed Site K Landfill site. Mr. Findell stated that the work was done as part of Post, Buckley, Schuh & Jernigan's (PBSJ) contract with the County, and which is preliminary to the actual design of the proposed facility and preliminary to the permitting of Site K. Mr. Findell further stated that there are decisions that the Board needs to make by mid to late October (in order to meet Florida Department of Environmental Regulation (FDER) Consent Order requirements to submit the permit application by the end of December), which include the following:

1. Determination to proceed with permitting Site K.

2. Determination to purchase Bradshaw property.

3. Determination to proceed with condemnation of Thompson

property.

4. Determination to negotiate for purchase of Hart property.

Mr. Findell stated that the permitting of the site is the most crucial, because the County is under a Consent Order with FDER, which requires the County to close the Astatula Landfill by December, 1993, and have a new landfill by December, 1993. The Consent Order also requires that the County submit a permit application for the new landfill site to DER in December, 1991. Failure to submit the application will place the County under the penalty provisions of the Consent Order, which he discussed with the Board.

Mr. Tom Keith, PBSJ, appeared before the Board to review the Site K Field Investigation Status Report proposed Solid Waste Management Facility, Lake County, Florida. At this time, Mr. Keith discussed the following with the Board:

1. Introduction/Project Approach

2. Findings and Conclusions

3. Background

4. Site Analysis

5. Implementation/Project Schedule

6. Figures

The following reflects the Findings and Conclusions of the Report:

1. No obvious constraints are apparent to discontinue the program to permit Site K for the new solid waste management facility.

2. Site K is 1343.37 acres; 838.55 acres are uplands, and the remaining 504.82 acres are designated by the Army Corps of Engineers as wetlands.

3. A comprehensive site conservation plan is needed to incorporate recent legislative and statutory policy addressing preservation and management plans for listed wetland- and aquatic-dependent species on site.

4. The surficial groundwater flows radially from the site. Published reports show that the Floridan Aquifer flows in a northwest direction.

5. The existing soils on site will provide adequate bearing capacity to support the proposed landfill.

6. The site is located in an area designated as the "Second Least Probable Sinkhole Region."

7. Reducing the landfill height from 50 to 20 feet above existing grade would increase landfill development costs and decrease

landfill life. Therefore, the maximum height of the landfill should remain 50 feet above existing grade.

8. The County should pursue an operational and development plan which provides for the commingled disposal of ash residues from the waste-to-energy facility with bypassed garbage in one lined cell in order to reduce landfill cell development cost; reduce operations cost and equipment requirements; and improve leachate characteristics and reduce treatment cost.

9. Solid waste management facilities can be configured on the site to minimize wildlife and habitat impacts and avoid adverse wetland impacts.

At this time, Commr. Bailey called for public comment, with no one wishing to appear before the Board.

Discussion occurred regarding the scheduling of meetings and workshops, with it being noted that the meeting with the League of Cities will be held on October 29, 1991, and the workshop with Public Financial Management (PFM) will be held on October 22, 1991.

Discussion continued with the request for a resolution establishing fees for solid waste disposal for FY 91/92.

Mr. Findell stated that the fee resolution proposes fees for waste disposal at the waste-to-energy facility, landfill and transfer stations for FY 91/92. The basic disposal fee is proposed to be $65/ton for most waste and $30/ton for C&D/land clearing debris, as previously discussed with the Board. Various individual fees are proposed for disposal of waste materials (white goods, tires, furniture, other waste, etc.) at the transfer stations. It is recommended that the fees be effective October 1, 1991 (for each month that the fees are not enacted after October 1, the County will potentially lose approximately $250,000 - $300,000.

Commr. Bakich questioned Page 4, #7, and Page 5, #8, which states "No refuse from outside of Lake County shall be accepted", at which time, Mr. Findell stated that it would be accepted upon Board approval.

Mr. Dan Eastwood, Tavares, questioned the language being referred to by Commr. Bakich, as indicated above.

Mr. Welton Cadwell, City of Umatilla, questioned the effective date of the resolution, with Mr. Findell replying that the date would be November 1, 1991.

Mr. Bob Proctor, City Manager of Fruitland Park, stated that 30 days would not be sufficient for the cities to pass the necessary ordinance, and requested at least 60 days.

Mr. August Strachovsky appeared before the Board and questioned how the $65.00 fee was derived, with Mr. Findell stating that he would supply him with the information.

Mr. Hubert Hartman appeared before the Board and stated that the amount of garbage being collected by the haulers may substantially be lower, because of the billings already sent out by the haulers, and people are already canceling their garbage collection. He further stated that there may be more garbage along the road and in the woods without the mandatory garbage collection.

Mr. Eastwood stated that some of the members on the Solid Waste Research Committee feel that there may possibly be a missing $1,200,000.00 of a disposal fee of the ash, which is clearly a County cost under the service agreement, and which is based on a $40/ton cost.

Commr. Bailey called for further public comment, with no one else wishing to appear before the Board.

Commr. Bakich requested that the cities consider the 30 day period as the effective date, because of the costs involved in delaying the issue any longer.

Commr. Bailey stated that he would not support the increase in the tipping fee. He stated that it will be to the cities' benefit to keep the costs down, and that he could not possibly support the increase without even seeing the fee study.

Commr. Swartz stated that he cannot support the increase in the fees, because he cannot agree with the calculation method used to develop the fees, or that the tonnages are accurate. Commr. Swartz stated that he did not approve moving part of Ogden-Martin's equity payment from out-years into this year. He further stated that he has always indicated that he would not vote to increase the tipping fee beyond $40.00, until he was absolutely certain that there are no alternatives for the citizens of Lake County, in order

to save them money. He stated that he wants to see the fee study. Commr. Swartz stated that he is still convinced that there are alternate disposal methods that the County can use to save the citizens money.

Commr. Hanson stated that she agrees with Commr. Swartz, and that she has been uncomfortable with the $65.00 and $80.00 per ton. She stated that the fee being proposed today does not include any negotiations with Ogden-Martin, which will begin after the report. She stated that perhaps the Board should begin negotiations with Ogden-Martin now, and to review again the reclamation of the landfill.

Mr. Findell stated that, regardless of what option the Board approves beyond what is currently being done, it will take approximately one year, and that, as long as the County remains at the current tipping fee, the County will be losing $2-300,000.00 per month.

Commr. Swartz suggested that, until the Board enacts something that is in excess of $40.00 tipping fee, that the haulers indicate to their customers that, if they pay the bill presently being sent with a higher fee, they receive a credit on the account.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved to postpone consideration of the resolution dealing with solid waste disposal, until such time as the results of the PFM study, and the alternate disposal methods, are back and the Board has discussed them.

The motion carried by a 3-1 vote, with Commr. Bakich voting "no", and Commr. Gregg not being present.

COMMISSIONERS

COMMITTEES/FIRE PROTECTION

Commr. Swartz discussed his memorandum to the Board regarding a proposed fire tax referendum, and the establishment of a committee to consider alternatives and to recommend a direction for Board approval.

Commr. Bailey stated that he would like to add to the list of groups as members, a citizen from Lake County.

Commr. Swartz stated that he would like to suggest appointing Mr. T. J. Townsend to the committee. He further suggested appointing someone from the mobile home community. Commr. Swartz stated that he would like a letter to go out to each organization requesting the recommendation of an individual to serve on the committee, to be sent by October 15, 1991.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the composition of the committee, as submitted in the memorandum, with the addition of a citizen from the unincorporated area, and that the appointments be rescheduled to October 15, 1991, and to include a resolution.

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved a Proclamation designating the first week in October as "Children's Home Society Week" in Lake County.

EDUCATION/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved and adopted the following resolutions, with the resolutions being brought back to the Board for the appropriate signatures:

BETA GAMMA Chapter of ALPHA DELTA KAPPA is acknowledged for its outstanding work in education and community projects, and

UPSILON Chapter of ALPHA DELTA KAPPA is acknowledged for its outstanding work in education and community projects.

COURTHOUSE

Commr. Bailey discussed the flying of a POW-MIA flag in front of the courthouse.

Ms. Annette Star Lustgarten, County Attorney, advised the Board that there is no authority to fly the flag in front of the courthouse. She stated that there is a mandate that State

buildings fly the flag, but that she will continue to research this issue.

OUTDOOR RECREATION/MUNICIPALITIES

Commr. Bailey reminded the Board that the City of Groveland has extended an invitation to the Board members to be in its Christmas parade, with the Chairman agreeing to organize the event.

COMMISSIONERS

Mr. John Benton, Lake County Conservation Council, appeared before the Board to recognize Commr. Swartz and his dedication on issues that the Council feels are concerns to Lake County. and presented him with a card. Mr. Benton stated that a tree will also be planted in his name in Wooten Park, Tavares.

ACCOUNTS ALLOWED/TAX COLLECTOR

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board authorized the payment of statutory requirements to the Tax Collector, as presented by Ms. Eleanor Anderson, Director of Administrator Services/Budget.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:20 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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