A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 7, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, June 7, 1988, 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: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; James R. Carson, Jr.; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator: Robert L. Wilson, Finance Director; and Toni M. Austin, Deputy Clerk.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.

COUNTY ADMINISTRATOR/RESOLUTIONS

Commr. Burhans presented Mr. Michael C. Willett, County Administrator, a resolution for his 15 years of service with Lake County.

MINUTES

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of May 17, 1988, as corrected.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board postponed action on the Minutes of May 19, 1988.

ELECTIONS/MUNICIPALITIES

Ms. Emogene Stegall, Supervisor of Elections, appeared before the Board to discuss a proposed change in Precinct #40 Golden Triange Area, and Precinct #20 part of which is in the City of Mount Dora, creating Precinct #59.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the changes, as presented by Ms. Stegall, in the creation of Precinct #59.

BONDS - CONTRACTOR

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

New

1422-88 Elmer R. Bolling (Roofing)

1696-88 Lowell K. Vogel (Electrical)

4479-88 West Central Florida Heating & Air, Inc.

(Heating & Air Conditioning)

4599-88 Coy Jamerson d/b/a South Lake Electric & Construction

Co., Inc. (Electrical)

4603-88 Jeffrey Hagen (Electrical)

4604-88 Howard Carlton (Mechanical Contractor)

4605-88 Barry P. Pachico (Building)

4606-88 Douglas Everman (Plumbing)

4608-88 Jean Lacy (Roofing)

4609-88 Larry O'Neal Roofing Service (Roofing)

4610-88 Taylor Electric & Maintenance, Inc.

(Electric & Maintenance)

4612-88 Robert Sellers, II (Masonry)

4613-88 Robert H. Morris for Mid State Electric, Inc. (Elec.)

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the payment of Warrant #80452 through #81966, for the following accounts:

Pasco Fire District County Transportation Trust

General Revenue Countywide Library

Mt. Plymouth Fire District Section 8

Mosquito Control Eustis Section 8

Aquatic Weed Bassville Fire District

South Lake Fire District Landfills

Fine & Forfeiture Countywide Fire District

Capital Outlay Private Industry Council

Northwest Fire District Paisley Fire District

Revenue Sharing Sales Tax

Law Library Emergency 911 Fund

Road Impact

Included in the motion was approval of payment for the following indigent:

C. R. Keene for Michael Preston - $50 - District #3

BUDGETS

Mr. Robert L. Wilson, Finance Director, presented an explanation for the creation of the Budget Amendments for the Fiscal Year Ending September 30, 1988, in accordance with Section 129.06 (2)(D), Florida Statutes, to account for: Sales Tax Revenue Fund, Special Assessment Funds, Capital Project Fund, and Bond Debt Service Fund.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Budget Amendments, as outlined and recommended by Mr. Wilson, Finance Director.

FINANCE

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the State Revenue Sharing Application, for the Fiscal Year 1988-89.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Judgments:

1. Case No. 88-86-CJ, for Lisa Gail Schoenberger, Juvenile, Roger Schoenberger and Gail Schoenberger, Parents, in the amount of $50.00;



2. Case No. 88-212-CF, for Prior Lee Hawthorne, in the amount of $250.00;



3. Case No. 88-36-CF, for Robert K. Cumbo, in the amount of $250.00;

4. Case No. 87-924-CJ, for Jason Robert Bean, and his mother Barbara Alison Bean, in the amount of $50.00 (A); 5. Case No. 87-924-CJ, for Jason Robert Bean, and his mother Barbara Alison Bean, in the amount of $50.00 (B).



ACCOUNTS ALLOWED/ASSESSMENTS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:

Bar-Bell Mobile Home Village

Kate Y. Bell $ 236.30

Kate Y. Bell 236.30

Kate Y. Bell 589.07

Kate Y. Bell 4,892.39

BUDGETS/PROPERTY APPRAISER/RESOLUTIONS/MUNICIPALITIES

WATER RESOURCES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the proposed budget, for the Lake County Property Appraiser's Office, for the period of October 1, 1988, through September 30, 1989.

Included in the motion was acknowledgement of Resolution No. 88-17, supporting the recommendations for the future management of the Wekiva River by the Wekiva River Task Force, which was passed by the Eustis City Commission, on May 19, 1988.

ACCOUNTS ALLOWED/CHECKS RECEIVED/STATE AGENCIES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of State Warrant No. 2143938, in the amount of $2,329.32, covering county license fees of insurance agents and solicitors, collected for Lake County by the Department of Insurance and Treasurer, from January 1, 1988 through March 31, 1988, with the monies being placed in the proper account.

REPORTS/WATER RESOURCES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Annual Report for 1986-87, from the St. Johns River Water Management District.

PLANNING DEPARTMENT/STATE AGENCIES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Tentative Five Year Transportation Plan, July 1, 1988, through June 30, 1993, from the Florida Department of Transportation, Division of Planning and Programming.

JAILS/MUNICIPALITIES/RESOLUTIONS

Mr. Pat Smallwood, City of Tavares, appeared before the Board and presented Resolution 88-24, stating that the Tavares City Council and staff recommend that the new Criminal Justice Jail Facility be located on the downtown site. Mr. Smallwood stated that the City of Tavares would like to pledge their cooperation with the County, and look forward to working with the County on the project.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/AGRICULTURAL CENTER

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for four delegates, and one leader, to attend the Citizenship-Washington Focus, in Washington, D.C., on June 11-18, 1988, at a total cost of $1,000.00.

COMMISSIONERS/COMMITTEES/JAILS/MUNICIPALITIES

Mr. Michael C. Willett, County Administrator, addressed the Board on the issue of appointing a County Commissioner, as liaison for the Criminal Justice Project. Mr. Willett stated that, because of problems that have arisen, a good line of communication between the staff and the Board of Commissioners is necessary, in order to implement the decisions made by the Board.

Considerable discussion occurred regarding the previous decisions made by the Board members, in relation to the jail issue, and the communication of these decisions to the consultants.

Commr. Smoak made a motion for the Chairman to be authorized to act, on behalf of the Board, to instruct and to discuss Board action, regarding the jail issue, with the people who are employed by the Board, including the architects and construction manager, but not limited to those persons.

Commr. Carson stated that the architects and the construction manager have yet to agree on the jail issue, in relation to the type of building and the location of the site. He understood that the Board requested, and approved, for the least cost effective site, for the complex.

Commr. Smoak discussed the statistics, which had been presented to the Board, in relation to the sites and the design of the building. He suggested that no other site should be considered, except the downtown site, if it is a buildable project.

Commr. Burhans stated that there were concerns with the selection of the downtown site, which included the removal of the Health Department, mitigation of the wetlands, and the muck, which were discussed at a Building Committee meeting.

Mr. Chris Ford, County Attorney stated that, should the County build totally to the south, the Health Department would have to be removed, due to the need for the land. He stated that this issue was discussed by the Building Committee, and the Jail Task Committee, and it was something that would be a potential problem.

Mr. Willett stated that he and Commr. Windram had met with the architects, and told them that the County did not want the Health Department moved.

Mr. Ford discussed the presentation made by the architects, in the Jury Selection Room, with the Board approving the design for a six-story jail and a seven-story courts-administration building, by a three to zero vote, with the removal of the Health Department, and with work only being done on the south side of Main Street.

Commr. Carson stated that the architects indicated that the height of the building could be lowered, if more ground was utilized.

Commr. Smoak stated that Sheriff Noel E. Griffin expressed his concerns, at several meetings, regarding the need for additional employees, should the design be a high-rise facility, expressing that he did not favor such a design.

At this time, it was indicated that the motion made by Commr. Smoak had died for the lack of a second.

ORDINANCES/ZONING

At 10:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing regarding an ordinance amending Section 70.290 of the Lake County Zoning Ordinance.

It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

No one present wished to discuss the proposed ordinance with the Board.

Mr. David Clapsaddle, Director of Development Coordination, addressed the Board on the ordinance, explaining the reasons for the proposed changes.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading, by title only:

AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 70.290 OF THE LAKE COUNTY ZONING ORDINANCE TO PERMIT CORNER PROPERTIES TO MEET FRONT SETBACK REQUIREMENTS FROM THE STREET WHICH THE STRUCTURE FACES AND A TWENTY-FIVE FOOT (25') SETBACK FROM THE SIDE LINE ABUTTING ANY INTER-SECTING STREET ON LOTS HAVING GREATER THAN 75 FT. OF FRONTAGE. ON LOTS HAVING LESS THAN 75 FEET (75') OF FRONTAGE, NO BUILDING SHALL BE BUILT CLOSER THAN FIFTEEN (15') FEET FROM THE SIDE LINE ABUTTING ANY INTERSECTING STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.



On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board adopted Ordinance No. 1988-9, as read on its first and final reading, by title only.

COMMISSIONERS/COMMITTEES/JAILS/MUNICIPALITIES (CONT'D.)

Mr. Willett clarified for the Board that the City of Tavares will not sell the land for the jail site, located at Woodlea Road.

Commr. Smoak stated that, if there is a cost increase for a high-rise building, he did not feel that it is an acceptable arrangement for the Board of County Commissioners to ask the balance of the people in the County to subsidize an inefficient construction, location and operation of a building, in order to revitalize the downtown area; nor is it the Board's responsibility to respond and make a decision based on a petition with 200 signatures, received from residents in the City of Tavares.

Commr. Windram stated that he felt the County has not had the proper input, as far as the functional situation, and the courts are concerned.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

EMERGENCY MANAGEMENT

Mr. Bruce Thorburn, 911E Coordinator, appeared before the Board to discuss the contract amendment with GTE, reducing the contract amount, and clarifying responsibilities.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures on the contract amendment with GTE, reducing the contract amount by $24,056.00, and clarifying the responsibilities for providing the equipment.

COUNTY PROPERTY

Mr. Michael C. Willett, County Administrator, discussed with the Board the request from Ted Wyatt regarding property previously purchased from the County. He stated that Mr. Wyatt has requested a one year extension on the rescinding of his fine, in order for him to clean up the property.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the one year extension, for Ted Wyatt, as recommended by the County Administrator.

Commr. Bailey was not present for the vote.

COMMITTEES

Mr. Michael C. Willett, County Administrator, informed the Board that, at the request of the Board of County Commissioners, the staff has identified the property owners of parcels of land, in the vicinity of Highways 19/27 and the Tollroad. This information will be supplied to the Tourist Development Council for their action.

Commr. Windram stated that he had written to the gentleman, who owns a parcel of land that fronts on Highway 27, where the turnpike comes in, to determine the status of the property. He stated that he did not receive a reply, but wrote to him a second time, suggesting that, since he owns property on both sides of Highway 27, which borders on the north, would he consider a trade by the County for that site. Commr. Windram stated that he received a phone call from him this week indicating an interest.

ACCOUNTS ALLOWED/POLLUTION CONTROL

Mr. Don Findell, Director of Environmental Services, was present to explain the request from Pollution Control, for Ben Nesheiwat to attend the Ion Trap Detector Course, in Norwalk, Connecticut, on June 12-17, 1988, at an approximate cost of $1,918.00.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request, as stated above.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Mosquito Control, for Eric A. Cotsenmoyer to attend the 28th Annual Meeting of Aquatic Plant Management Society, on July 10-13, 1988, in New Orleans, Louisiana, at an approximate cost of $740.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

MOSQUITO CONTROL

Mr. Eric Cotsenmoyer, Mosquito/Aquatic Plant Control Manager, appeared before the Board to discuss the request from Mosquito Control for an interlocal agreement with Volusia County, to provide equipment and personnel, to create and/or improve approximately 4,000 linear feet of ditches, for purposes of mosquito control and 6-7-88.restoration, at a cost not to exceed $4,000.00.

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request, as stated above.

ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for a water and sewer management feasibility study, at an approximate cost of $20,000.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

STATE AGENCIES/WATER AUTHORITY

Mr. Don Findell, Director of Environmental Services, appeared before the Board and presented an explanation of the contract amendment with the Department of Natural Resources.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Water Authority, for signatures on the contract amendment with the Department of Natural Resources, which would reduce the allocation by $l00,000.00.

CONTRACTS, LEASES AND AGREEMENTS/FIRE DISTRICTS-FIRE

DEPARTMENTS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures on an interlocal agreement, for fire and rescue, with Volusia County.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE-DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request, from the Pasco Fire District, to purchase Lots 12 and 13, of the Forest Campsites, Block L, (located behind the Meadows Fire Station), at a total cost of $5,000.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board and presented a map showing the specific location of the property south of Clermont, on Highway 561, which is being proposed for a station.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the South Lake Fire District, to purchase a one acre lot, approximately seven miles south of Clermont, on Highway 561, for a proposed station, at a cost of $4,000.00.

Commr. Carson suggested that Mr. Chris Ford, County Attorney, communicate with the property owner regarding the sale of the property to the County.

COMMISSIONERS

At 10:30 a.m., the Chairman announced that the advertised public hearing, for an ordinance amending Section 69.110 of the Lake County Zoning Ordinance, would be postponed until 10:40 a.m.

ASSESSMENTS/FIRE DISTRICTS-FIRE DEPARTMENTS

Discussion occurred regarding adding certain miscellaneous buildings to the fire structure tax assessment.

Mr. Chuck Sowers, Fire Coordinator, was present to discuss this issue with the Board.

Commr. Smoak questioned the categories, presented from the property tax rolls, stating the need for separate structuring.

Mr. Sowers stated that the concept was for separate facilities, and stated that there would be no problem going back to eliminate the permanent structures.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone action on this issue, until Mr. Sowers has the opportunity to review specifically how this would affect the tax roll and existing structures.

ORDINANCES/ZONING

At 10:40 a.m., the Chairman announced that the advertised time had arrived for the public hearing, on an ordinance amending Section 69.110 of the Lake County Zoning Ordinance.

It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

Mr. David Clapsaddle, Director of Development Coordination, was present to discuss the purpose of the proposed ordinance.

No one present wished to discuss the ordinance with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading, by title only:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6 AS AMENDED, BY DELETING THAT PART OF SECTION 69.110 REFERRING TO "OCCULT SCIENCES"; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.



On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board adopted Ordinance 1988-10, as read on its first and final reading, by title only.

BIDS/MUNICIPALITIES/HEALTH DEPARTMENT

Dr. June Atkinson, Lake County Health Department, appeared before the Board to request an amendment to the bids, on construction of the "shell" of the new Public Health facility, in Umatilla. She stated that the funding is now available for the complete facility, and therefore, requested approval to bid the entire project.

Dr. Atkinson informed the Board that the City of Umatilla has agreed to approve the zoning and waive all fees, for construction of the new facility.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to let bids, on the construction of the new Public Health facility, in Umatilla, as recommended by Dr. Atkinson.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

HEALTH DEPARTMENT

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures, on the letter increasing the State contribution, in the amount of $208,000.00, on the CPHU contract, for State Primary Care monies.

ACCOUNTS ALLOWED/PRIVATE INDUSTRY COUNCIL

Ms. Robbie Baird, Director of the Private Industry Council, appeared before the Board to explain the request for the extension of the enrollment for the School Board Job Seekers training contract.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request, from the Private Industry Council, to extend the enrollment for the School Board Job Seekers training contract (Modification #2), at a total cost not to exceed $13,585.00.

LIBRARIES/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for a resolution for Delbert Copeland, in appreciation of his service as a Lake County Library System Board member.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase a word processing station, with a printer, for the Division Executive Secretary, at an approximate cost of $3,270.00.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to present an explanation of the request for matching funds, for contracting architect and engineering services, related to boat ramp improvements.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to provide $7,500.00 matching funds, for contracting architect and engineering services, related to boat ramp improvements, to be reimbursed from the Boat Improvement Fund, after projects are completed.

PLANNING DEPARTMENT/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the preliminary approval of Bella Vista Subdivision.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the renewal of the following mobile home bonds:

Harland Fogle - Whitehair Bridge Area - District #5

Don and Mildred Tunstall - Sorrento Area - District #4

APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board appointed Mr. Ted Wyatt to the Code Enforcement Board, to replace Mr. Jim Ellis, with the term to expire October 31, 1990.

PUBLIC WORKS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to increase the processing fee for Vacation Petitions, to a minimum of $250.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for partial payment, to Asphalt Pavers, for Project #l-88, Countywide resurfacing, in the amount of $152,949.34.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for partial payment, to Trac Roadbuilders, Inc., for Project #2-88, Huff Road, in the amount of $57,464.24.

ACCOUNTS ALLOWED/ROAD PROJECTS/MUNICIPALITIES

Mr. Michael C. Willett, County Administrator, informed the Board that the City of Umatilla has requested that 36 feet of Lake Street be included in Project #l0-88.

Mr. Ben Benedum, Director of Public Works, informed the Board that this would involve a change order, once the contract has been awarded.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request to award Project #l0-88, Lake Street, Maxwell Road and Bulldog Way, to Superior Asphalt, Inc., in the amount of $100,816.30, as recommended by the County Administrator.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

Mr. Michael C. Willett, County Administrator, stated that the bid received for the Caterpillar 816B Compactor, from Ringhaver Equipment Company, was not the low bid.

Mr. Jim Stivender, Assistant Director of Public Works, stated the exceptions involved with the bid. The low bid did not meet the specifications.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase one Caterpillar 816B Compactor, from Ringhaver Equipment Company, at a total bid purchase cost of $185,585.00.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Town of Astatula, for 500 yards of clay, for use on the Town's streets.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the request to accept the following right-of-way deeds:

Ross L. Golden #2-1124 Redwing Road

Sun Bank, N.A., as Trustee #l-7310 Gray's Airport Rd.

Fidencio Guerrero #3-2441 Howey Cross Rd.

Yrenia Guerrero #3-2441 Howey Cross Rd.

Victor A. Staverman #5-8278 Meadowwood Rd.

Kathleen R. Fountain #3-2441 Howey Cross Rd.

Richard S./Holly G. Baugh #5-6661 McKinley Rd.

William Hickey #5-6661 McKinley Rd.

Barbara S./James Vitter #3-2441 Howey Cross Rd.

Scottish Highlands, Inc. #l-5433 Radio Rd.

Sunshine Jr. Stores, Inc. #5-6335 Emeralda Ave.

Robert E./Wanda Leslie #3-2441 Howey Cross Rd.

Joy T. Cook #3-2439 S. Buckhill Rd.

Hamp/Connie Adams #l-7212 Griffin View Dr.

Earl L./Leslie E. Scales #l-7807 Griffin Ave.

James H./Genevieve Peace #3-2439 S. Buckhill Rd.

Katherine A. Liggera #3-2439 S. Buckhill Rd.

Commr. Bailey stated that he owns property on Redwing Road, and declared a conflict of interest.

Commr. Carson stated that he is on the Board of Directors at Sun Bank, and declared a conflict of interest.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to accept the following non-exclusive easement deeds:

Daphne B. McLachlan #5-6880 Bill Collins Rd.

Henry W./Elizabeth I. Adams #3-2439 S. Buckhill Rd.

RECESS & REASSEMBLY

At ll:OO, the Chairman announced that the Board would recess for five minutes.

CONTRACTS, LEASES AND AGREEMENTS/COMMITTEES/FAIRGROUNDS

Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board and stated that Glatting, Lopez, Kercher, Anglin, Inc. has completed Phase III of the contract, for the Civic/Expo Center. He stated that this would be the final report, with the Board having two weeks to review the completed document.

Mr. Marchese informed the Board that a presentation would also be made to the Tourist Development Council.

Mr. John Percy, GLKA, appeared before the Board and stated that Phase I, Market Analysis; and Phase II, Design Considerations -Financial Feasibility, had been completed, with Phase III, Master Plan being presented today.

Mr. Percy stated that it was necessary for the Board, at this point of time, in order to move forward with the project, to consider the source of funding and the design standards, for the Civic/Expo Center. He stated that it is also important to consider the appointment of a group, to proceed in these areas.

At this time, Mr. Percy and Mr. Bill Owen presented sketches of accent features Eor the site, including landscaping.

Mr. Chris Ford, County Attorney, stated that part of the property would be restricted by Tourist Tax, with the property donated not being subject to any money restrictions.

Commr. Burhans stated that he would like Mr. Sandy Minkoff, Attorney, to be retained by the County, to continue to work with the Tourist Development Council, in the decisions to be made regarding property.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to retain Mr. Minkoff, to continue to work with the Tourist Development Council, in relation to the Civic/Expo Center.

COMMISSIONERS/COMMITTEES/JAILS/MUNICIPALITIES (CONT'D.)

Discussion continued regarding the Criminal Justice Jail project.

Mr. Chris Ford, County Attorney, suggested that the Board temporarily halt the services of HOK and Barton Malow, in relation to Site #ll, and stated that he would like to suggest a solution to the jail site issue.

Mr. Willett stated that the City of Tavares has a problem with Site C, as well as the site at Woodlea Road.

Commr. Bailey made a motion, which was seconded by Commr. Smoak, for all parties involved in the jail site issue, including the County staff, the architects, the construction managers, the Chief Judge and judicial staff, the Sheriff and his staff, the City of Tavares and its technical staff, the State Attorney and his staff, the Public Defender and his staff, to meet at a special scheduled meeting, in order to hear and consider all communication involving the Criminal Justice Jail Facility.

Commr. Smoak stated that he would have no problem approving the downtown site, if the proposal which comes before the Board is a reasonable proposal, which serves the best interest of the people in Lake County.

Ms. Nell Taylor, Tavares, appeared before the Board and stated that she has 25 acres, at Woodlea Road, if the County needs it. She stated that she has no objection to the facility being placed at this site.

Mr. Ford suggested that the special meeting being scheduled, include Mr. Bob Buchanan, Correctional Services Group, Inc.

Commr. Bailey included in the motion that the meeting be a discussion on Sites A - D, and any other site that may not have been brought to the attention of the Board.

Commr. Carson suggested that Mr. Buchanan be made aware of the new assignment of judges and circuit, as pertaining to Lake County, to be considered at the special meeting.

At this time, the Chairman called for a vote on the motion, which was carried unanimously.

Mr. Roger Conner, Tavares, appeared before the Board to discuss the actual question, voted on by the public last November, in relation to the location of the jail facility. He stated that the public was made aware of the downtown site, as being the only location of the new jail facility.

COMMITTEES

Commr. Carson informed the Board that he had received a brick, from the League of Women Voters, which he presented to the Board, to use as a corner stone of the new Criminal Justice Jail Facility.

LAWS AND LEGISLATION

Commr. Bailey suggested that the Board invite the legislative delegation, to appear before the Board, in order that appreciation be extended to them, for their hard work, and to invite them to lunch.

COMMISSIONERS/COMMITTEES/JAILS/MUNICIPALITIES (CONT'D.)

Commr. Smoak questioned whether or not the Board wanted to appoint Commr. Burhans to communicate with the professional people, regarding the intent of the special meeting of the Criminal Justice Jail Facility, as suggested by the County Administrator and his assistant.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to reinforce the authority of the Chairman, to give direction, and to communicate with the people employed by the County Commissioners, the issues involving the Criminal Justice Jail Facility.

MUNICIPALITIES/PUBLIC WORKS/SUBDIVISIONS

Commr. Windram questioned Mr. Michael C. Willett, County Administrator, as to the progress on the request from the Mount Plymouth Homeowners' League, regarding a traffic signal, and a letter from Wekiva Falls, regarding drainage problems.

Mr. Willett stated that he has communicated on both matters.

ACCOUNTS-ALLOWED/COMMITTEES

Commr. Windram informed the Board of a letter, from the Industrial Development Commission of Mid-Florida, Inc., regarding a proposal of a consortium of governmental entities and agencies, to study Mid-Florida's urban transit feasibilities and choices. A request had been made of affected parties, to participate in the study, in the amount of $5,000.00.

Commr. Windram made a motion for Lake County to participate in the urban transit study, in the amount of $5,000.00.

The motion died for the lack of a second.

Commr. Bailey suggested that this issue be brought back before the Board, at the next regular scheduled meeting.

BUDGETS/SHERIFF'S DEPARTMENT

Commr. Burhans reported a request from Sheriff Noel E. Griffin, Jr., for a full time maintenance person to be assigned to the Lake County Jail.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the transfer of Al Downs' salary, from the Maintenance budget to the Sheriff's budget, to cover the new position.

EDUCATION/FAIRGROUNDS

Commr. Burhans informed the Board of a letter received from Lake-Sumter Community College, requesting permission to use 75 tables, from the Lake County Fairgrounds, for the College Night Program.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request, from Lake-Sumter Community College, as stated above.

JAILS

Mr. Jack Prickett, realtor, appeared before the Board and stated that he has another site, for the Criminal Justice Jail Facility, and would like to present the site for Board consideration.

Mr. Prickett was instructed to submit the details, on the site, to Mr. Willett, to be considered at the special meeting.

RECESS & REASSEMBLY

At 11:50 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.

CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS

Commr. Carson presented an update on the issue of the contract with NRG, Inc. and Lake County, for the incineration of garbage.

Mr. Dan Robuck, Attorney representing NRG, submitted to the Board the latest negotiated contract, with changes, as requested by the County's experts. Mr. Robuck stated that Consolidated Minerals (CMI) will guarantee the contract, but Mr. F. Browne Gregg, owner of NRG, was not willing to expose publicly the finances of this company.

Mr. Robuck stated that, should the project fail, the County and the taxpayers will not be liable, but that Mr. Gregg and the bondholders will be. He stated that, once the contract is approved, the other necessary negotiations will be made, with today being the last day for the Board to negotiate with Mr. Gregg, or he will withdraw from the project.

Mr. Rick Stephens, Holland & Knight, appeared before the Board and stated that this is a service contract, with guarantees and termination rights. He stated that he felt the contract was written so that the County's liability and exposure for non-performance is very little.

Mr. Ed Sledge, Piper & Marbury, appeared to review the recommendations, which were made to the Board at a previous meeting, as follows: (1) to coordinate with the cities, which has been done; (2) for NRG to secure a long-term performance guarantee at the facililty from Badcock & Wilcox, or another reputable vendor; (3) and that the plant configuration, as far as the choice for a mass burn facility is concerned, be made by the Board.

Mr. Sledge stated that NRG has proposed the RDF facility, and that they do not want to do a mass burn system, for a variety of reasons. He stated that they further indicated not wanting to negotiate with Badcock & Wilcox, or another vendor, for a long-term performance guarantee, because the vendor would probably want to operate the plant, that it was guaranteeing, and that NRG felt it could operate the plant better. Mr. Sledge stated that NRG did not change its price proposal, but came back with contractual changes, which met other points within the contract. He stated that negotiations were still being made as far as the matter of confidentiality.

Mr. Sledge discussed the County's exposure in the contract, such as the County being required to deliver 163,000 tons of garbage. He stated that the County is taking some risk on the rises and falls of energy prices; and some risk in respect to the debt service.

Discussion occurred regarding a two point difference in fixed rates and variable rates.

Mr. Sledge stated that the County would be covering any defaults that the County would have under the agreement, such as failing to pay, and causing the plant to be exposed to liability, such as the delivery of hazardous waste. He further stated a risk under uncontrollable circumstances, which are circumstances beyond the control of the vendor, primarily changes in law. He stated that the County would be paying a service fee, and if performance is not delivered, the County will be getting back liquidated damages. Mr. Sledge stated that NRG agrees that it will not produce steam for sale, except for residue disposal, and that provisions will allow the County and the company to negotiate, at a future point, for the sale of steam.

Mr. Sledge stated that there are benefits in the proposed NRG contract, in relation to taxes, the site location and permits.

Mr. Bob Schoenhofer, Alex Brown & Associates, appeared before the Board to discuss the proposed contract. He stated that this contract allows the company the right to landfill solid waste up to 50 days out of the year, and not process it, which he felt was an unusually high number. He further stated that, in terms of the energy output guarantee, it is tied very closely to the BTU content of the solid waste delivered. He felt there were problems in these areas.

Mr. Jeff Clunie, R. W. Beck & Associates, appeared before the Board and stated that he would suggest 30 days as an absolute maximum. At this time, Mr. Clunie explained the RDF system, versus a mass burn system. Mr. Clunie recommended that NRG come back with two additional offers, from the vendor: (1) a long-term performance guarantee; and (2) a price proposal for the RDF facility, as well as a mass burn facility. He stated that the RDF facility, in this size range, is probably not the most cost effective option, for a 600 ton b-7-88.per day facility. He felt the County could significantly benefit from a mass burner facililty, from a cost standpoint, with a track record for mass burners operating successfully, reducing the County's technical failures.

Mr. Schoenhofer stated that he has not had the opportunity to evaluate the finances of CMI, but felt there is a difference in magnitude, two percent, in relation to variable versus fixed rates. He felt there is risk in converting the bonds, as far as significant costs to the County.

Mr. Omar Smith, Post, Buckley, Schuh & Jernigan, Inc., stated that the company had made a landfill study for Lake County, which, based on the numbers from the study, he felt the County was lacking 30,000 tons of garbage, therefore, recommended a lower tonnage of guarantee (130,000 to 138,000 tons), in the proposed contract.

Commr. Bailey stated that he had received a copy of the new House Bill relating to solid waste.

Mr. Sledge discussed the possibility of developing a comprehensive plan, and taking into consideration the benefits offered in the proposed contract.

Mr. Mike Stearman, City Administrator of Eustis, appeared before the Board and stated that he felt the major conditions have not been met, and that he would have a difficult time recommending the contract to the cities.

Mr. Robuck stated that Mr. Gregg has a very successful track record and an excellent reputation, and requested that the Board approve the contract, in order for Mr. Gregg to get the necessary financing.

Discussion occurred regarding the possibility of a guarantee of a lesser amount of waste, and obtaining outside waste to meet the guarantee, or downsizing the plant.

Mr. Sledge stated that the County would have the right to go out and short-term contract with anyone, in order to get the necessary guaranteed amount of garbage.

Mr. Stephens stated that changes could be made to reduce the waste tonnage guarantee. At this time, he commented on the consultants statements, and stated that he felt the proposal today is very competitive.

Discussion occurred regarding the 5% growth rate used in the landfill projection.

Mr. Sledge stated that he did not feel that the shortage of garbage would be the worst scenario for the County, and that his recommendations stand. He stated that he did not feel the proposed contract would be the most beneficial for the County, with the deficiencies being in the lack of guarantees, which will translate into higher financing costs, in a facility that has a greater risk of non-performance.

Mr. Ford stated that there would be liability in taking garbage from other sources, with exposure being about the same.

Mr. Sledge discussed the County having soveriegn immunity and working out a protocol.

Mr. Clunie stated that the feasibility study and the stream of waste should be considered, and that he would be providing the County with an opinion. He further stated that most projects do not have difficulties with garbage shortfall.

Mr. Schoenhofer stated that he did not feel that the questions, in relation to the facility being too large and too expensive for the County's purposes, and which has no guarantees, can be answered even when he has the opportunity to review the financial packages. He stated the financial package cannot be obtained, until the County signs a contract with Mr. Gregg, and therefore, felt uncomfortable with the proposed contract.

Mr. Clunie stated that he did not feel this would be the best deal for the County, but had suggested an alternative, with NRG obtaining a guarantee with a vendor, with a 20 year operating guarantee, and a different technology.

Mr. Willett stated that he did not feel that this opportunity was any better than getting open bids, and recommended not signing the contract.

Mr. Robuck stated the County's three choices are as follows: (1) sign the contract, with Mr. Gregg coming back with a financing proposal; (2) the County going out and bidding on a different piece of land, and obtaining the necessary permits, with no tax benefits; or, (3) continue to bury the garbage.

Discussion occurred regarding Mr. Clunie's fees, with Mr. Clunie stating that his company does not work with the vendors, but a contract could be executed with the County, with a provision for the County to be reimbursed by the vendor.

Mr. Ford stated that he could not recommend, or advise, the Board to sign a contract, with the recommendations made by the experts, and that there are other alternatives. He further stated that he would recommend that the Board not execute the original NRG contract, at which time there were no experts, and urged the Board to follow the experts' recommendations.

Mr. Sledge stated that the contract is typical of the industry, but is lacking a guarantee to the County, for performance.

RECESS & REASSEMBLY

At 4:30 p.m., the Chairman announced that the Board would recess for ten minutes.

CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS (CONT'D.)

Mr. Stearman, representing the League of Cities, suggested that the Board consider the recommendations being made by the experts and consultants.

Mr. Sledge stated the conditions, which the County needs to consider, as follows: financing for the facility has to be satisfactory for NRG and the County; renegotiation of the power of the sales agreement; negotiate a contract with Badcock & Wilcox, or another vendor, for performance; and specifications need to be placed in the contract, satisfactory to both parties. He stated that the County needs a price range, in relation to tipping fees, and a feasibility study on the project. Mr. Sledge stated that the County needs to enact a solid waste flow control ordinance, and an ordinance proposed on County waste generators, for businesses and residences, that produce a solid waste service fee. He further stated that similar arrangements will need to be negotiated with the cities, with NRG and the County still developing a protocol regarding confidentiality.

Commr. Carson made a motion, which was seconded by Commr. Smoak, authorizing the Chairman to sign the contract, which would allow Mr. Gregg to proceed with the financing, for the waste energy plant.

Commr. Smoak stated, under discussion, that he did not feel that the County is at risk, and can terminate the processes in the contract, and that he felt there are too many beneficial issues, within the proposed contract.

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

Commr. Windram declared a conflict of interest, due to being employed by Romac Lumber & Supply.

Mr. Gregg informed the Board that a proposal will be presented, within four weeks, for the Board's and the cities' review.

ACCOUNTS ALLOWED/BUILDING COMMITTEE/COURTHOUSE

Commr. Burhans informed the Board that the Building Committee had met and discussed the boilers in the old courthouse, and had recommended approval of the new boiler, in the amount of $21,500.00. He further stated that the expansion of the phone system was necessary, in order to add extensions to the County telephone system, to include two trunk lines and 40 phones, in the amount of $14,335.00.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the new boiler, in the amount of $21,500.00; and the expansion of the phone system, in the amount of $14,335.00, provided funds are available in the Contingency Account.

CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS

Discussion continued regarding the NRG contract.

Commr. Smoak stated that a proposal with projected costs, from Mr. Sledge, should be made available to the Board, for review.

COMMISSIONERS/COMMITTEES/JAILS/MUNICIPALITIES (CONT'D.)

Discussion continued regarding the Criminal Justice Jail Facility.

Commr. Smoak discussed the memorandum, and resolution, presented by the City of Tavares, stating that they speak only to the downtown site, with no alternatives. He suggested to the Board that the position of the City of Tavares should be clarified.

Mr. Willett stated that, at the meetings held by the City of Tavares, each site was reviewed, with each one being excluded, and his interpretation of the resolution was that the City strongly encouraged the choice of the downtown site.

Commr. Smoak made a motion for the Chairman to be authorized to hire independent council, outside of the Fifth Circuit, if necessary, to determine what options are available, for the Board of County Commissioners, if the majority of the Commissioners feel the downtown site is unsuitable.

After some discussion, Commr. Smoak withdrew his motion.

Commr. Smoak made a motion, which was seconded by Commr. Bailey, that, if the City of Tavares indicates that no site, other than Site D, is an acceptable site to them, that the Chairman then be authorized to seek independent council, as to the options available to the County Commissioners.

The motion did not carry, with Commr. Carson, Commr. Bailey, and Commr. Windram voting "no".

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

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/6-14-88