A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 11, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, December 11, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; Catherine Hanson; Michael J. Bakich; C. W. "Chick" Gregg; and Richard Swartz. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

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

MINUTES

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of November 13, 1990, as presented.

The Board discussed the Minutes of November 20, 1990, with the following corrections being made:

Page 10, Line 6 - The name "David" was corrected to read "Dorsey".



Page 13, Lines 4 and 5 - The name "Sikes" was corrected to read "Spikes".



Page 6, Line 6 and Page 8, Line 26 - Commr. "Hansen" was corrected to read "Hanson".



Page 20, Line 16 - Include the following: "...second zoning, if, in fact, the County had made an error".



Page 24, Lines 10 and 17 - Include the following: "...for up to three (3) buildings.



On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of November 20, 1990, as amended.

The Board discussed the Minutes of November 27, 1990, Townhall Meeting, Eustis, with the following corrections being made:

Page 3, Line 7 - The word "weapons" was corrected to read "Wetlands".

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of November 27, 1990, Townhall Meeting, Eustis, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Payment of Warrant #128640 through Warrant #129193, for the following accounts:



Section 8 County Transportation Trust

Pasco Fire District Landfills

General Revenue Mt. Plymouth Fire District

Mosquito Control Aquatic Weed

Private Industry Council Countywide Fire District

South Lake Fire District Bassville Fire District

Capital Outlay Northwest Fire District

Miscellaneous/Gas Fund Road Impact

Commissary Trust Fund Paisley Fire District

Animal Shelter Trust Fund Countywide Library

Emergency 911 Fund Northeast Hospital

Revenue Sharing Criminal Justice Trust Fund



Reports/Finance/Courts-Judges



Request for approval of the Engagement letters for the respective reports to authorize the current auditors, Ernst & Young, to perform the necessary two special reports required by the State, which are as follows: a) Conflict Counsels Fees, Costs, and Expenses; and b) Statement of Revenues, Expenditures, and Allocation of Funds (Criminal Justice Trust Fund).



SHERIFF'S AGENDA

CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S OFFICE

Mr. Al Thelen, County Manager, informed the Board that his office has been working with the Sheriff's Office, as it relates to the change of location for the Criminal Investigations Bureau, and the Sheriff has agreed to the increased cost in his budget this year. Currently, the Board is funding the lease from the Board's budget. Mr. Thelen further stated that Sheriff Knupp has also agreed to handle the telephone exchange. Mr. Thelen recommended the approval for the Sheriff to provide the approximate amount of increase, $3,028.00, for 1990-91 from his budget.

Captain Jimmy Horner, Lake County Sheriff's Department, appeared before the Board and stated that he was of the understand

ing that the original request was for a three year lease with Mr. Chris Ford. Mr. Horner stated that the proposal today indicates lease options on an annual basis, which may cause a conflict.

Mr. Thelen stated that the lease would be on an optional year basis, subject to appropriation. He stated that there is a chance that the last year the County will be in a position to provide space in this building or another building when the judicial building is completed.

Mr. James C. Watkins, Clerk, stated that Mr. Ford was of the understanding that it would be a three year lease, with Mr. Horner stating that he was of the same understanding.

Ms. Annette Star Lustgarten, County Attorney, stated that all of the County's leases are being written with the option to terminate each annual lease, subject to appropriations.

Mr. Thelen recommended that the Board approve the request, with the details being worked out between the parties.

Commr. Swartz discussed his concern with the substantial increase in the per monthly cost in the second and third years of the lease, which equals a higher cost per square foot than what the County is paying for other rental space. He stated that he would not vote for those increases, but would approve a lease that has consistent rates with what the County has been paying, and suggested that staff bring back alternatives for space.

It was the consensus of the Board to postpone action on this issue, until a contract can be presented and reviewed.

REPORTS/SHERIFF'S DEPARTMENT

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board acknowledged and accepted the corrected year end report for FY 89-90, for the Sheriff's Department.

ACCOUNTS ALLOWED/BUDGET TRANSFERS/SHERIFF'S DEPARTMENT

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the transfer of $625.00 from Sheriff Salary to Other Personal Services.

ACCOUNTS ALLOWED/BONDS/SHERIFF'S DEPARTMENT

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved signature and filing of the Sheriff's Blanket Bond, in the amount of $1,000.00 for each Deputy.

COUNTY MANAGER'S CONSENT AGENDA

At this time, Commr. Swartz requested that Tabs 8 and 9 be pulled from the consent agenda, in order that he make comments regarding the issues.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved Tabs 1-11, with the exception of Tabs 8 and 9, and with the inclusion of the supplement, as follows:

Bids/Public Works

Request for approval of bid specifications and authorization to go out for bid for the annual traffic count.



Bids/Municipalities/Fire Protection



Request for approval of bid specifications and authorization to go out for bid for painting and refurbishment of communications tower located at the Leesburg Police and Fire Complex.



Accounts Allowed/Bids/Committees



Request for approval of bid specifications and authorization to go out for bid for a used four-door sedan, in the price range of $7,000.00-$9,000.00, for the new Tourist Development Director.



Contracts, Leases & Agreements/Environmental Services

Request for authorization for signatures on new language for FY 90/91 16C-54 F.A.C. Cooperative Aquatic Plant Management Program Contract.



Accounts Allowed/Libraries/Municipalities

Request for approval and signature on Blanket Purchase Orders for Library funding for Cooper Memorial Library, in the amount of $46,860.84, and the City of Tavares, in the amount of $37,600.00, for a total amount of $84,460.84.



Accounts Allowed/Roads-County & State/Resolutions

Subdivisions



Request for final approval of Hasson Ridge Subdivision; accept an Irrevocable Letter of Credit in the amount of $4,500.00; and accept the following road into the County maintenance system: Hasson Ridge Road (3-0736A).



Accounts Allowed/East Central Florida Regional Planning Council/Assessments



Request for approval to pay the East Central Florida Regional Planning Council annual assessment in the amount of $21,950.00 for October 1, 1990 through September 30, 1991.



Accounts Allowed/Bonds/Roads-County & State/Resolutions

Subdivisions



Request for final approval of Lake Thomas Cove Estates; accept a maintenance bond in the amount of $7,800.00; and accept the following road into the County maintenance system: Thomas Cove Drive (2-2809). (28 lots, District 2)



Deeds/Municipalities/Roads-County & State/Subdivisions



Request to release the following Murphy Act State Road Reservation:



Guy C. Custer, Deed No. 1903, Eustis Park Subdivision, District #5.



Bids/Budgets



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:

(1) Specifications:
The current purchasing policy requires that all specifications be approved by the Board of County Commissioners prior to bidding.


DEPARTMENT/DIVISION


DESCRIPTION OF ITEM
BUDGETED

AMOUNT

Lake Co Em Mgt - Health & General Svc To paint and refurbish communication tower located in Leesburg. est $ 10,000.00



Road Operations - Public Works


Request annual traffic count for 75 stations on various county roads to be performed.


est $ 8,000.00 to $ 10,000.00
(3) Quotes:
All goods or services from $600 to $5,999 require written quotes.


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT


BCC - Crim Justice


Craft Equipment Co.

40 storage frames for lockers.

Delivery requirement excluded.

Low bid.



$ 1,478.65
BCC - Crim Justice Pacific Concepts, Inc.

Property room storage racks and bags.

$ 5,977.40
BCC - Crim Justice American Instit. Supplies.

Walk thru and hand held detectors.

$ 3,531.00



BCC - Crim Justice


Bob Barker Co., Inc.

Shelving, gun locker, trash cans.



$ 4,157.00


BCC - Cap Projects


GTE Communications.

Pre-wiring prelude for telephone system

RFP-008-091.



$ 2,574.00
(4) Encumber Funds Previously Authorized:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT


Admin Serv - Personnel


Ernie Morris, Inc.

Lateral files.

Co. Bid 003-618-091.

BCC Appr. 09/18/90.



$ 1,095.56
Env Serv - Aquatic Plant Mgmt E. L. Williams, Inc.

Gas and oil for FY 1990-91.

Co. Bid 010-405-091.

BCC Appr. 09/18/90.

$ 5,344.00



Env Serv - Mosquito Cont


E. L. Williams, Inc.

Gas, oil and LP gas for FY 1990-91.

Co. Bid 010-405-091.

BCC Appr. 09/18/90.



est $ 19,875.00


Public Works - Road Operations


GSX Tank Mgmt.

Tank and contaminated soil removal - Leesburg and Minneola.

RFP-001-091.

BCC Appr 11/06/90



$ 15,000.00


Public Works


Boe Binger International.

1991 diesel truck tractor w/5th wheel.

Bid 016-070-091.

BCC Appr. 11/20/90.



$ 57,490.80
BCC - Crim Justice Barton-Malow.

Increase encumbrances for sufficient funds to cover construction expenditures and change order # 7113.

BCC Appr 09/16/90.

$382,717.92
BCC - Crim Justice Pieco Orlando, Inc.

Removal of underground storage tanks at construction site.

RFP-021-090.

BCC Appr. 11/06/90.

Low Bid.

$ 18,604.00



BCC - Crim Justice


Barton-Malow.

Extending current services to incorporate the new courts building.

BCC Appr. 08/14/90.



$422,000.00
(5) Approve Other Payments:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT


BCC - Cap Projects


City of Tavares.

Sewer and water service 12/01/90 thru 09/30/91 for Crim Justice Facility.

Sole source.



$ 1,000.00


Admin Serv/Mgmt - Budget


David M. Griffith and Assoc.

Professional services for comprehensive study for MSBU.



$ 9,975.00


BCC - Corrections


Peoples Gas System

LP gas for FY 1990-91.

Gas company owns tanks. Required to use their gas.



$ 6,600.00


Env Serv - Hazardous Waste


Dell Computer Corp.

1 Dell computer system.

State contract # 250-040-91-1.



$ 2,048.00
Health and General Services - Emer Mgmt Safety Equip. Co.

Protective bunker gear.

BCC Appr. 11/20/90.

Sole source

$ 45,203.00
Health and General Services - Fire Dist Astatula Volunteer Fire Dept.

Truck pymt. to Grumman Credit Corp.

$ 3,418.21



Health and General Services - Vet Serv


GTE Communications.

Norstar telephone system to standardize equipment and maintenance contract with system now servicing courthouse complex.



$ 2,544.00
Public Works - Parks/Bldg Maint Dell Computer Corp.

1 Dell 210 computer and 1 LQ510 printer.

State contract # 250-040-090-1.

$ 1,966.00



Public Works - Road Operations


Evans Tire and Treads.

Recapping tires.

Sole source.



$ 1,000.00


Public Works - Road Operations


Leesburg Ford New Holland.

Blades, nuts, cyl. lift/cyl. dipper.

Sole source



$ 1,578.67
Public Works - Road Operations Good Year Auto Service.

8 tires.

State contract # 863-000-091-1.

$ 1,038.94



Public Works - Road Operations


Control Specialists.

Install cabinets for signalization on Hwy 441.

Sole source.



$ 1,000.00


Public Works - Road Operations


Dell Computer Corp.

Dell 325 computer system.

State contract # 250-040-B.



$ 8,575.00


Public Works - Engineering


Dell Computer Corp.

Dell 325 computer system.

State contract # 250-040-B.



$ 9,806.00


Public Works - Engineering


Information Technologies Assoc.

Computer hardware configuration and system installation.

Sole source.



$ 6,200.00
BCC - Crim Justice Hellmuth, Obata and Kassabaum, Inc.

Extending current services for additional expenses pertaining to the Wetlands Design.

$ 9,783.48



BCC - Crim Justice


Hellmuth, Obata and Kassabaum, Inc.

Extending current services for design of mezzanine in kitchen area.



$ 4,430.00
(6) Approve Services That Do Not Require Bids or Quotes:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT


Health and General Services - Fairgrounds


Ft. Mason Tractor.

Parts and labor to repair tractor and mower.



$ 1,061.22


Planning and Development - Planning


Xerox Corp.

Copy usage for October.

Contracted service.



$ 1,336.50


SUBDIVISIONS/PLANNING & DEVELOPMENT

Commr. Swartz discussed Tabs 8 and 9, and stated that both of these requests involved areas in the Green Swamp area for critical State concern, and requested the Board include in its motion to approve the preliminary approval that they, in fact, have been reviewed by staff for consistency with the Green Swamp regulations for site alteration, and that they are forwarded to DCA for review, per Statute, and that the face of the documents and the developer advised of the 45 day review period, as required by the Green Swamp regulations.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the following requests, including the additional requirements stated above by Commr. Swartz:

Request for preliminary approval of Lake Nellie Oaks (26 lots, District 3).



Request for preliminary approval of Lake Crescent Hills Subdivision (125 lots, District 3).



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

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

Accounts Allowed/Budget Transfers/Public Works

Transportation Trust Fund, Public Works Department, from Operating to Capital, in the amount of $15,000.00



Accounts Allowed/Bonds/Budget Transfers/Jails



Sales Tax Bond Construction Fund, Capital Improvements, Main Jail Project, from Capital to Operating, in the amount of $75,000.00.



Accounts Allowed/Bonds/Budget Transfers/Jails



Sales Tax Bond Construction Fund, Capital Improvements, Main Jail Project, from Capital to Operating, in the amount of $1,000,000.00.



Accounts Allowed/Budget Transfers/Health & General Services



General Funds, Health & General Services Department, from Contingency to Capital, in the amount of $75,000.00.



Accounts Allowed/Budget Transfers/Health & General Services



General Fund, Health & General Services, from Contingency to Capital, in the amount of $2,426.00.



ACCOUNTS ALLOWED/BUDGETS/RESOLUTIONS/PUBLIC WORKS

CHECKS RECEIVED

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization and signature on the following: Public Works Department - Resolution requesting that the budget be amended to increase it by $5,000.00 from a check received from Sylvan Shores Association, Inc., toward the replacement cost of the concrete bike-walking path in Sylvan Shores Park.

ACCOUNTS ALLOWED/GRANTS/RESOLUTIONS/AMBULANCE-HOSPITAL

DISTRICTS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization and signature on the following: Health & General Services Department - Resolution requesting that the budget be amended to increase it by $14,997.00 from funds received for the matching E.M.S. grant from South Lake Memorial Hospital. The funds were budgeted in FY 1989/90, however, the Grant was not finalized in FY 1989/90, due to technical problems with the radio equipment.

ACCOUNTS ALLOWED/BUDGETS/STATE AGENCIES/HEALTH DEPARTMENT

RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for authoriza

tion and signature on the following: Health & General Services Department - Resolution requesting that the budget be amended to increase it by $350,000.00 from funds received from the State of Florida Department of Health and Rehabilitative Services, for the cost of construction of a new Health Department facility.

ACCOUNTS ALLOWED/BIDS/JAILS

Mr. Al Thelen, County Manager, discussed the request for approval of bid specifications, award of bid for bedding for Prelude to Bob Barker, and encumber funds in the amount of $16,050.17. Mr. Thelen stated that, previously, staff had gotten quotes instead of formal bids, and therefore, formally bid the project. He stated that, basically, the same low bidder is being recommended. He further stated that the Board has been presented a memorandum from Ms. Annette Star Lustgarten, County Attorney, indicating an opinion that these items can be charged to the Infrastructure Fund, and not the General Fund.

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

JAILS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board and presented a progress and schedule update on the Criminal Justice Facility. Mr. Anderson stated that the Board has before them a document entitled Capital Improvements Construction Material Purchase Order Log, with an approximate $300,000.00 in sales tax recovery for Prelude and the Main Jail. He discussed the schedule of the project, and stated that they will break ground in January for the Courts Building. Mr. Anderson stated that the water/wastewater applications are expected back from Department of Environmental Regulation (DER) and St. John River Water Management District (SJRWMD) late December, or the first part of January. He went on to discuss the approved modification made to the Public Facilities District (PFD) for the courts site by the City of Tavares, and the additional approval on the roads and alley

vacations, and approved for the County to be responsible for the code enforcement. Mr. Anderson went on to discuss the final date of inspection and the training of personnel for Prelude. Mr. Anderson informed the Board that most of Contingency has been used for change order work.

No action was needed by the Board at this time.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

ENVIRONMENTAL SERVICES

Mr. Al Thelen, County Manager, discussed the request for signatures on the License Agreement for conducting analyses and tests necessary for permitting the Thompson property portion of the proposed Site K Landfill, in the amount of $22,500.00 for the first year, and $7,500.00 for each successive six months after the first year. Mr. Thelen stated that the Bradshaw license will be brought to the Board next week, and the testing will be performed, and the County will proceed with the acquisition of the property.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that an environmental analysis is needed on both properties simultaneously, and if the County mobilizes to do the work on one piece of property, it will cost much more to mobilize twice.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request for signatures on the License Agreement for conducting analyses and tests necessary for permitting the Thompson property portion of the proposed Site K Landfill, in the amounts stated above.

ACCOUNTS ALLOWED

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

COMMISSIONERS/COUNTY PROCEDURES

Discussion occurred regarding the amendment to the County's Rules of Procedures. Commr. Bakich stated that he would like to

see an amendment to the rules that would indicate that when the Board action is 2-2 on an issue with only four members present, the item would automatically be placed on the next agenda when all five members are present. He further felt that it was only fair that an applicant who has invested his time and money in an application deserves a decision by the full Board.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board has a variety of options, and at this time, she discussed them with the Board. Ms. Lustgarten stated that the Board uses Roberts Rules for guidance, but has never formally adopted them as procedures.

Commr. Swartz requested that Ms. Lustgarten come back to the Board with proposed language and other rules and procedures being used by other Boards.

Ms. Lustgarten stated that she has been asked by the Planning and Zoning Commission to draft rules and procedures for it, since they do not have any written ones.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of John Harrison to replace Mike Alberson, who has resigned from the District 5 seat on the Planning and Zoning Commission. The appointment will be to fill the unexpired term to February 28, 1991, and for another two year term to expire February 28, 1993.

PUBLIC HEARINGS/TIMES CERTAIN

ENVIRONMENTAL SERVICES/PLANNING & DEVELOPMENT

ROADS-COUNTY & STATE

Discussion occurred regarding the water and sewer services to Highways 19/27 County's Industrial Site.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that staff and consultants, Post, Buckley, Schuh & Jernigan, have put together information regarding options for providing water and wastewater services to this area. The options were presented to the Lake County Industrial Develop

ment Authority, on December 3, 1990, with staff recommending that the County proceed with an acquisition study for utilities in this area, especially with Southern States Utilities. The IDA was concerned with the ability to provide service on an immediate basis to the Industrial Park, and therefore, recommended that the County consider the purchase capacity for the industrial park property, and that an acquisition study be prepared for provision of long term services to that area, specifically to the industrial park.

Mr. Mark Walsh, Post, Buckley, Schuh & Jernigan, appeared before the Board to discuss the recommendations made by the Lake County Industrial Development Authority. At this time, he presented a diagram for review.

Commr. Gregg stated that the vote of IDA was for the County to proceed with the acquisition study, not for the County to proceed with the purchase of the plant and the property, and to attempt to negotiate capacity for the industrial park. He stated that he would like to think that the County is proceeding with the study to determine whether the County wants to acquire the plant and the property, not with the idea that the County is going to acquire it, and if we do not acquire it, Southern States is going to service what area they already service. He stated that he felt there is still the potential that Southern States may still service this area.

Commr. Bailey stated that, since Commr. Gregg is the liaison Commissioner for the IDA, he will work with IDA and staff in developing the best interest for the County.

Commr. Gregg stated that the main concern is that IDA does not want to see the industrial park being delayed waiting for a service, or waiting for the County to build capacity.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved to proceed with the acquisition study, as recommended by the IDA, and also to proceed with negotiating capacity requirements for the County's land at Highways 19/27.

COMPREHENSIVE PLAN - PUBLIC FACILITIES

At 10:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the Public Facilities Element.

Mr. John Swanson, Director of Planning and Development, appeared before the Board and stated that staff has received additional policy recommendations for the sanitary sewage element, and they are still being evaluated by staff, with public comment being taken today on the Public Facilities Element.

Commr. Bailey stated that the Board is now sitting as the Land Planning Agency for this hearing.

Ms. Dorie Hofstetler, Environmental Chairman for the Golden Triangle Republican Woman's Club, appeared before the Board and requested that the County continue with the opportunity to retain an acceptable way of life and work towards preserving the environment.

Mr. Wayne Scott appeared before the Board and discussed changes in the zoning of his property, and his increase in taxes, and encouraged the review of the Comprehensive Plan.

Ms. Grace Parker, Paisley, appeared before the Board and discussed the normal rainfall in Central Florida, and stated that this is a dangerous time, in the cycle of weather in Lake County, to make any plans for water.

Mr. Bill McClellan appeared before the Board and discussed water restriction in Lake County, and questioned the County's choice in approving additional subdivision development.

Mr. Steve Richey, representing Greater Utilities, appeared before the Board and discussed proposed drafts on the water and sewer element in regards to public versus private sector. He stated that he was of the understanding that this issue was to be revisited based on the drafts and proposals submitted by his client. Mr. Richey stated that, after reviewing the current drafts, there is still no clear indication in the goals as to the place of the public sector and the private sector in working as a

team to provide central water and sewer to those areas of Lake County not served by municipal services. Mr. Richey stated that it is important that the County keeps its options open when reviewing the Comprehensive Plan. He stated that very affirmative statements need to be made in the goals as to how the County is going to work through the private sector to provide central water and sewer needs, and Mr. Richey requested that staff review this once again, because the drafts do not express the Board's options to look at this issue.

Mr. Al Thelen, County Manager, discussed the different drafts of the elements being proposed, and stated that some have been returned to staff, because he did not feel that the issue regarding the public and private sector has been addressed appropriately, with the intent being to keep both options open, with this being the direction of the Board.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that staff has prepared the suggested revisions, which have been submitted to the Planning Department, with his assessment of the language being that the option is being kept open, with the draft including language that sets a time frame to further address this issue in detail.

Ms. Cecelia Bonifay, representing a number of clients in Lake County, appeared before the Board and discussed the meaning of a public document, once it is drafted. Ms. Bonifay stated that her concern is that the County is still drafting language on an item that is still critical to the ultimate shape and configuration and growth and development of Lake County. She stated that the County may need more time, and that, after reviewing the draft, she feels the language promotes the theory of a centralized County-owned and regulated system, as opposed to a variety of approaches to the utility business. Ms. Bonifay stated that she has many clients that consider this as a real issue, because of their current agreements with private utilities. She further discussed the position of the Public Facilities Commission (PFC), and that she is

very concerned with this issue, and wants to see new language proposed.

Discussion occurred regarding the Board receiving the different changes in the elements, in order to discuss certain issues with the public, with the Chairman requesting that staff provide the necessary information to the Board for further hearings.

Commr. Gregg discussed Page VI-A-4, Policy 6A-3.1: Utility Plan for Phasing Out Privately Owned Wastewater Utilities. He stated that he hoped this was one of the policies where the language is going to be changed, in order to leave the options open for the County.

Mr. Jack Mason appeared before the Board and stated that he is concerned with the direction of the Board. Mr. Mason discussed the traffic increase and the growth of the County, but with it not being at the expense of the existing residents. He further discussed the impact fee and the water problem in Lake County, and requested that the Board consider the total impact of the Comprehensive Plan, and not just the benefit for a few.

Commr. Gregg suggested that staff insert the language stating that, if the County does choose to go with a private utility, the County will entertain the idea of a franchise fee.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board will recess until 11:00 a.m., for the public hearing on Municipal Service Taxing Units.

FIRE PROTECTION/MUNICIPALITIES/ORDINANCES/RESOLUTIONS

At 11:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the Municipal Service Taxing Unit for Fire Protection.

Ms. Annette Star Lustgarten, County Attorney, reviewed the following amendments made to the proposed Fire Protection Ordinance

providing for the Lake County Municipal Service Taxing Unit for Fire Protection.



On Page 2, Line 16

And Insert:

WHEREAS, pursuant to Article VII, Section 9, Florida

Constitution, Lake County is authorized to provide municipal services within the unincorporated area of Lake County including the provision of, and funding of, fire protection facilities, services and operations; and

On Page 5, Line 19, 22

And Insert:

Line 19: "December 18,"



Line 22: after "Protection." insert "Inclusion of the City of Minneola within the "Lake County Municipal Service Taxing Unit For Fire Protection" is subject to elector approval in the December 18, 1990 referendum."



On Page 6, Line 5, strike:

Line 5: "taxable"

And Insert:

Line 2, 5, 10, 23

Line 2: after "Protection" insert "Inclusion of the Town of Lady Lake within the "Lake County Municipal Service Taxing Unit For Fire Protection" is subject to elector approval in the December 18, 1990 referendum."



Line 5: "real"



Line 10, 23: after "protection" insert "facilities, services and operations"



On Page 7, Line 28

And Insert:

after "protection" insert "facilities, services and operations"



On Page 8, Line 5, strike:

Line 5: "taxable"

And Insert:

Line 5, 9, 20

Line 5: "real"



Line 9, 20: after "protection" insert "facilities, services and operations"



Ms. Lustgarten presented the following amendment to the Fire



Protection Resolution:

On Page 2, Line 18, 26

And Insert:

Line 18: after "services" insert "facilities and operations"

Line 26: after "protection" insert "facilities, services and operations"

Ms. Lustgarten stated that there is an additional amendment to be made to Page 5, as follows:

Insert: Line 28 - The blank should contain the date "November 19, 1990, and on Line 29 1/2 - Ordinance #90-36.



Mr. Al Thelen, County Manager, made comments on the use of MSTU's, and stated that there is not enough funds generated from the property assessment for fire service. Mr. Thelen stated that not all of the land is being assessed for fire protection. He discussed the history of the charges for fire protection, with the major objective of the Fire Protection MSTU being to dissolve the six fire districts. (Hawthorne is not included). Mr. Thelen stated that the proposed ordinance is not to change the financing and to proceed with an assessment roll. At this time, Mr. Thelen presented the Board with preliminary figures of funds generated over the last five years. He went on to discuss the creation of the Municipal Service Benefit Unit for Deer Island.

Mr. Claude Smoak, former County Commissioner, appeared before the Board and presented historical references on how Lake County got into the fire business. At this time, Mr. Smoak reviewed the procedures taken by the Board, at the request of the public, during the past five years. Mr. Smoak stated that a Committee was formed to consider this issue, and found that, if the fire rating could be reduced from a class 10 in the unincorporated areas, to a class 9, the average home owner in the County would receive a saving on their fire insurance premium of approximately $35.00. In addition, there was an assurance that everyone could purchase fire insurance. Mr. Smoak stated that the six districts approved to levy the tax on

themselves. He stated that the intent and vote was to impose the tax on a countywide basis. He further stated that the decision was also to not have a blanket MSTU, with the County choosing to go to a structure tax, with maximum charges. There was a $35.00 cap on every unit; a $5.00 cap on a vacant lot; a $.06 a square foot cap on commercial; and $.10 cap on agricultural. This was a fixed rate committed by the voter and County.

Mr. Smoak discussed other issues that are costing the County money, and suggested that the County is moving to rapidly on these MSTU's that have the ability to levy. He then questioned the exclusion of Hawthorne again, and stated that this area is part of the County as any other area. He further stated that the ballot question called for a Countywide referendum. He requested that the Board reject the MSTU concept, from an ad valorem tax standpoint, and in lieu of this, postpone action today until the feelings of the public can be recognized.

RECESS & REASSEMBLY

At 11:30 a.m., Commr. Bailey announced that the Board would recess from the 11:00 a.m. public hearing, and convene into the 11:30 a.m. public hearing on the General Purpose MSTU and Amendment to the Greater Hills MSTU.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved to recess the 11:30 a.m. public hearing.

FIRE PROTECTION/MUNICIPALITIES/ORDINANCES/RESOLUTIONS

(CONTINUED) MUNICIPAL SERVICE TAXING UNITS

At this time, the Board reconvened the 11:00 a.m. public hearing on the MSTU for Fire Protection. Commr. Bailey continued the meeting with public input.

Mr. T. J. Townsend appeared before the Board to discuss the format of public notice being used by the County for the intent of the public, and suggested that the Board consider different language, in order that the public may interpret the meaning.

Ms. Lustgarten stated that the language being advertised is mandated by State Statute.

Commr. Swartz suggested that the notice be published, as mandated, with an explanation of its intent being given next to the notice.

Mr. Bill Rou, formerly a fire commissioner in south Lake County, appeared before the Board to discuss the ad valorem tax of $35.00, which does not provide adequate funding for the fire service.

Mr. Murphy Cameron appeared before the Board and discussed the inadequacy of the public notices in the newspaper regarding the public hearings, and the availability of the proposed resolutions to the public.

Mr. Steve Richey appeared before the Board to discuss the fire districts, types of service, and the distribution of funds under the pre-existing fire districts. He stated that the MSTU increases the idea of consolidating and does not provide local control, and that the money raised in one district was to be utilized in that particular district. Mr. Richey suggested that the Board look at the financial control and accountability again, because the monies were to stay within that district.

Mr. Smoak discussed the structure tax vote, which meant the citizen groups would be disbanded, and that the district fire commissioners became the Board of County Commissioners. The intention was to consolidate the districts within the County into a single fire district. Mr. Smoak stated that the problem came when, in order to do this, the districts had to be disbanded. He further stated that the intent was always for a countywide system, based on a structure tax, based on a commitment for a cap on those structure fees in 1985.

Commr. Bailey closed the public comments on this issue.

RECESS & REASSEMBLY

At 11:45 a.m., the Board recessed the public hearing on the proposed Ordinance for Fire Protection.

The Board convened the public hearing scheduled for 11:45 a.m. on Water and Waste Water MSTU and Solid Waste Collection and Disposal MSTU.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board recessed the public hearing scheduled for 11:45 a.m.

FIRE PROTECTION/MUNICIPALITIES/ORDINANCES/RESOLUTIONS

(CONTINUED) MUNICIPAL SERVICE TAXING UNITS

At this time, Commr. Bailey reconvened the meeting on the proposed ordinance for an MSTU on Fire Protection.

Discussion occurred regarding no fees being collected for vacant property, with Mr. Thelen stating that the $5.00 was never implemented. He stated that the tax was authorized and levied, it was never collected because the County did not have the mechanics to do so.

Commr. Bakich stated that, over five years, the level of service has dropped, and the fee system is inadequate today. He suggested that the MSTU process will allow us the ability to accomplish the presently needed service.

Discussion occurred regarding the statistics on fire calls and the percentage of fire vehicles that are 20 years old.

Mr. Thelen stated that Mr. Ed Havill, Property Appraiser, has elected not to implement the system to collect on vacant lots.

Commr. Swartz discussed the historical perspective for fire protection and stated that there is no intention of changing from a structure tax to an ad valorem tax.

Commr. Gregg stated that there are existing problems in the fire system throughout the County, and that the intent is for public safety. He stated that he will support the taxing of vacant parcels, in order to clear the inadequacy of funding. He further stated that there was to be a uniform county fire system, and therefore, there need to be budgetary restraints, and the inclusion of Hawthorne and other secluded areas into this uniform system.

It was the consensus of the Board to include Hawthorne, with the district commissioner working with this item.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the resolution dissolving the South Lake Fire Control District.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the resolution dissolving the Bassville Fire Control District.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the resolution dissolving the Pasco Fire Control District.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the resolution dissolving the Paisley Fire Control District.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the resolution dissolving the Northwest Fire Control District.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the resolution dissolving the Mt. Plymouth Fire Control District.

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ABOLISHING THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION WITHIN A PORTION OF THE UNINCORPORATED AREA OF LAKE COUNTY, CREATED BY ORDINANCE NO. 1983-13, AS AMENDED BY ORDINANCE NO. 1989-9 (G); PROVIDING THAT TITLE TO ALL ASSETS AND PROPERTY IS TRANSFERRED TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING THAT ALL INDEBTEDNESS IS ASSUMED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the following ordinance, including the amendments presented by the County Attorney:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL SERVICE TAXING UNIT FOR A PORTION OF THE UNINCORPORATED AREA OF LAKE COUNTY FOR THE PROVISION OF FIRE PROTECTION, PURSUANT TO CHAPTER 125, FLORIDA, STATUTES, SECTION 125.01(1)(q); PROVIDING FOR A TITLE, THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION"; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS THE GOVERNING

BODY OF THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION"; PROVIDING FOR INCLUSION OF THE TOWN OF LADY LAKE WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION" PURSUANT TO CHAPTER 125, FLORIDA STATUTES, SECTION 125.01(g)(2); PROVIDING FOR INCLUSION OF THE CITY OF MINNEOLA WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION" PURSUANT TO CHAPTER 125, FLORIDA STATUTES, SECTION 125.01(q)(2); PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO LEVY AND COLLECT SPECIAL ASSESSMENTS WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION" PURSUANT TO CHAPTER 125, FLORIDA STATUTES, SECTION 125.01(1)(q); PROVIDING FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS PURSUANT TO CHAPTER 197, FLORIDA STATUTES, SECTION 197.3632; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO RAISE FUNDS FROM SERVICE CHARGES WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION" PURSUANT TO CHAPTER 125, FLORIDA STATUTES, SECTION 125.01(1)(q); PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS ACCEPTS TITLE TO THE PROPERTY AND ASSETS OF THE SIX (6) DISSOLVED FIRE DISTRICTS; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS ASSUMES ALL INDEBTEDNESS OF THE SIX (6) DISSOLVED FIRE DISTRICTS; PROVIDING FOR THE CREATION OF THE "MUNICIPAL SERVICE BENEFIT UNIT FOR DEER ISLAND" WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION"; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the resolution providing for the Board of County Commissioners' intent to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments, including the amendment presented by the County Attorney.

ORDINANCES/RESOLUTIONS/SUBDIVISIONS

MUNICIPAL SERVICE TAXING UNIT

The Chairman announced that the Board will begin the 11:30 a.m. public hearing on the General Purpose MSTU and Amendment to Greater Hills MSTU.

Ms. Annette Star Lustgarten, County Attorney, presented the following amendments to the proposed ordinances:

General Purpose Ordinance

On Page 2, Line 1

And Insert:

WHEREAS, Article VII, Section 9, of the Florida Constitution, authorizes Lake County to provide municipal services within the unincorporated area of Lake County; and



On Page 4, Line 18 strike:

taxable

And Insert:



Line 4, 18



Line 4: after "taxable" insert "real" after "property" insert "and tangible personal property"



Line 18: "real"



On Page 5, Line 20 strike:

Line 20: Section 8



Line 29: Section 9

And Insert:

Line 20: new Section 8. Creation of Municipal Service Benefit Units.



As provided for in Chapter 125, Florida Statutes, Section 125.01(q), the Board of County Commissioners is hereby authorized to create municipal service benefit units within the "Lake County Municipal Service Taxing Unit For Unincorporated Lake County" for the provision of any of the municipal services provided for therein for identified portions of unincorporated Lake County through enactment of ordinances.



Line 20: Section 9.



Line 29: Section 10.



Greater Hills MSTU



On Page 2, Line 32

And Insert:

after "Unit" insert ", in addition to the levy and collection of ad valorem taxes authorized in Ordinance No. 1985-5, as amended by Ordinance No. 1989-11";



On Page 3, Line 15

And Insert:

after "maintenance" insert "including recreational services and facilities"



On Page 4, Line 2, strike

Line 2: taxable

And Insert:

Line 2, 7, 19

Line 2: real



Line 7, 19: after "including" insert "retention and"



Mr. Al Thelen, County Manager, stated that the change in the original MSTU for Greater Hills allows a unit method of taxation,

as opposed to ad valorem, and allowing a choice to be made. It was authorized on the basis of four mills.

Mr. Thelen commented on the proposed General Purpose Ordinance, which can be used for a variety of services; it affects all of the unincorporated areas; and it authorizes the Board to use portions of the unincorporated areas to levy a tax in that area.

Mr. John Beck appeared before the Board and stated that the people who receive the services should pay for it, and that you should not make it mandatory to have to pay for vacant land, which involves storm drainage on hills. He then discussed his taxes, and stated that there should be some way of fair taxation.

Mr. Howard Barry, Clermont, appeared before the Board to discuss the itemized tax bill that he receives. He stated that he is opposed to all of the MSTU's, and feels that the County may be trying to hide charges for services.

Mr. Ross Buchanan, Eustis, appeared before the Board to request a clarification of the General Purpose Ordinance, and questioned the services that can be implemented, and where the libraries and Sheriff's Office are currently getting their funds.

Commr. Swartz discussed the double taxation problem with the cities and County.

Mr. Alvin Jackson, City of Eustis, appeared before the Board and stated that he has a problem with the General Purpose Ordinance, and, if there is not a dedicated source of funding, especially for the library and recreation program, when those dollars are collected and you begin to prioritize who gets funding, all of the libraries and recreation lose out. He stated that the original dollars do not go to the areas where they are collected.

Ms. Cecelia Bonifay, Attorney in Tavares, appeared before the Board and stated that the County has determined that there is some sort of, but not yet defined, public health, safety, and welfare need that is not being served. She stated that there is not a plan, in terms in the delivery of these services, but the County has the ability to tax people. She discussed concurrency manage

ment, which is not an answer to paying for the service. Ms. Bonifay stated that she felt that the Board needs to see where Lake County is going, from a capital improvement standpoint on the cost of the Comprehensive Plan, and what the vision is for the future of the County. She stated that it is easier to enact a law than to repeal one.

Commr. Swartz stated that the urban services are being demanded, and the County needs to at least form a framework for providing those services.

Mr. Steve Richey appeared before the Board and suggested that the Board wait for eighteen more months before having the ability to assess a tax, and develop the ordinances, and form the funding mechanism as necessary. He stated that the MSTU for Greater Hills is functioning fine, and that the County needs to use the time for thought on addressing the proposals being made today.

Commr. Hanson stated that the Mt. Plymouth-Sorrento area has been working on developing an area MSTU where the area would agree to tax themselves, and to implement the same services. She stated that the benefit of the money would be left in this community, and a community development district would be created.

Mr. Murphy Cameron appeared before the Board and stated that the County needs to give the proposals being made today some more thought. Mr. Cameron questioned the list of services in the General Purpose Ordinance.

Commr. Swartz stated that one concern of the County is the quality of the lakes, and that, under this MSTU, either through a property tax or an ad valorem assessment, a stormwater utility can be created, which will allow the County to improve the facilities. He stated that the environmentalists should be in support of this, because of the stormwater, and the County cannot wait eighteen months. Commr. Swartz stated that every property owner will have to be notified personally anytime any one of these mechanisms is to be considered, and public hearings will be held.

Ms. Dorothy Beard, City of Mt. Dora, appeared before the Board to discuss the proposed MSTU for libraries. At this time, Ms. Beard discussed the services offered by the libraries, and how the charges were determined for these services. She further discussed the MSTU, which will offer services being requested in the unincorporated areas.

Mr. Richey stated that, if the General Purpose MSTU is created, the County will be overwhelmed with requests for special assessments for the different services. He suggested that the County not prepare an MSTU to fund stormwater, because it can be done through a stormwater utility, or other system.

Mr. Thelen stated that the General Purpose MSTU can be limited to certain services, and suggested that storm, sewer, and recreation and parks be funded. Mr. Thelen stressed the issue of each individual having to be notified of the public hearing.

Commr. Swartz stated that the County does not have any other way to collect stormwater. Unlike the cities that have the utilities for the water, wastewater, and sanitation, with the charges being placed on the bills, the County has no mechanism for collecting payment.

Discussion occurred regarding the collection of charges from the people who cannot afford the services, and addressing double taxation in District 1 and District 2, in the unincorporated areas.

Mr. Dick Seron, Tavares, appeared before the Board and discussed the public hearings that would have to be held for the public to have to consider a service in the General Purpose Ordinance. Mr. Seron further discussed other means of accomplishing the needed services, which can be proven, and payment for the services.

Mr. Warren Krughoff, Leesburg, appeared before the Board and stated that the taxes needed to be fair to everyone, and questioned the type of society we wanted to develop for the future.

Mr. Jim Simpson, Mt. Dora, appeared before the Board and stated that he basically agrees with the concept of the MSTU, but

that he would be more comfortable if the County would work out a formula for taxation to replace the old method used by the County. Mr. Simpson stated that he would like the Board to consider limiting the six mills to two mills, and for every dollar put into the municipal service taxing districts, the County will reduce by one dollar the amount that will be coming out of the General Revenue.

Commr. Swartz stated that this ordinance will form the enabling legislation for those future developments that come into the County and demand those services. He suggested that, whether it be the utility franchise fee or it be a MSTU, that to the extent the County is removing the double taxation issue, he will vote to roll back the general property tax to equal that portion.

Commr. Gregg stated that the reason he would be willing to support the General Purpose Ordinance is because the County has already made a statement that it would assist in the problem with the libraries and law enforcement, but it will cause an increase in taxes. He further stated that the County is going to break the people, and it needs to forget that concurrency is going to be paid for strictly by growth.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the following ordinance, including the amendments presented by the County Attorney:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL SERVICE TAXING UNIT FOR ALL OF THE UNINCORPORATED AREA OF LAKE COUNTY FOR THE PROVISION OF LAW ENFORCEMENT SERVICES, RECREATION SERVICES AND FACILITIES, STREETS, SIDEWALKS, STREET LIGHTING, STORMWATER MANAGEMENT, TRANSPORTATION, LIBRARIES AND LIBRARY SERVICES, ANIMAL CONTROL PATROL SERVICES AND OTHER ESSENTIAL FACILITIES AND MUNICIPAL SERVICES, PURSUANT TO CHAPTER 125, FLORIDA, STATUTES, SECTION 125.01(1)(q); PROVIDING FOR A TITLE, THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR UNINCORPORATED LAKE COUNTY"; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS THE GOVERNING BODY OF THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR UNINCORPORATED LAKE COUNTY"; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO LEVY UP TO SIX (6) MILLS OF AD VALOREM TAX ON THE TAXABLE PROPERTY WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR UNINCORPORATED LAKE COUNTY"; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES PURSUANT TO CHAPTER 197, FLORIDA STATUTES; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO LEVY AND COLLECT SPECIAL ASSESSMENTS WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR UNINCORPORATED LAKE COUNTY", PURSUANT TO CHAPTER 125, FLORIDA

STATUTES, SECTION 125.01(1)(q); PROVIDING FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS PURSUANT TO CHAPTER 197, FLORIDA STATUTES, SECTION 197.3632; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO RAISE FUNDS FROM SERVICE CHARGES WITHIN THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR UNINCORPORATED LAKE COUNTY"; PROVIDING FOR ADDITIONAL POWERS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the following ordinance, including the amendments presented by the County Attorney:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1989-5, AS AMENDED BY ORDINANCE NO. 1989-11, RELATING TO THE "GREATER HILLS MUNICIPAL SERVICE TAXING UNIT"; PROVIDING FOR AUTHORITY FOR THE BOARD OF COUNTY COMMISSIONERS TO LEVY AND COLLECT SPECIAL ASSESSMENTS AND SERVICE CHARGES WITHIN THE GREATER HILLS MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.



On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the Resolution providing for the Board of County Commissioners' intent to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments.

RECESS & REASSEMBLY

At 1:50 p.m., the Chairman announced that the Board would recess until 2:00 p.m.

ENVIRONMENTAL SERVICES/ORDINANCES/RESOLUTIONS

MUNICIPAL SERVICES TAXING UNITS

The Chairman called to order the 2:00 p.m. public hearing, with the Board acting as the Local Planning Agency, on the Comprehensive Plan Capital Improvements Element.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved to continue the 2:00 p.m. public hearing until the completion of the 11:45 a.m. scheduled public hearing on the Water and Waste Water MSTU and Solid Waste Collection and Disposal MSTU.

Commr. Hanson was not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved to continue the 11:45 a.m. scheduled public hearing until 2:30 p.m.

Commr. Hanson was not present for the vote.

RECESS & REASSEMBLY

At this time, the Board recessed for lunch, and reconvened at 2:30 p.m. for the 11:45 a.m. scheduled public hearing.

ENVIRONMENTAL SERVICES/ORDINANCES/RESOLUTIONS

MUNICIPAL SERVICE TAXING UNITS

Commr. Bailey called to order the public hearing regarding Water and Waste Water MSTU and Solid Waste Collection and Disposal MSTU.

Ms. Annette Star Lustgarten, County Attorney, presented the following amendments to the proposed Water and Wastewater ordinance:

On Page 1, Line 21

And Insert:

WHEREAS, pursuant to Article VII, Section 9, of the Florida Constitution, Lake County is authorized to provide municipal services within the unincorporated area of Lake County, including county-wide planning, engineering, and administration as well as the construction, operation and maintenance of potable water supply, treatment and distribution facilities and services and wastewater collection, transmission, treatment and disposal or reuse facilities and services; and



On Page 3, Line 1, strike:

Line 1 after "July 31, 1990," strike "as amended on December 4, 1990"



And Insert:



Line 1, 5, 8, 16, 23



Line 1: "and a subsequent study of South Lake County,"



Line 5: after "taxing unit" insert "to provide for

county-wide planning and engineering for potable water supply, treatment and distribution and wastewater collection, transmission, treatment and disposal or reuse"



Line 8: after "within" insert "identified portions of"



Line 16, 23: after "reuse" insert ,"including maintenance and operations,"



On Page 4, Line 10, 15, 17 strike:

Line 10: delete attached Exhibit "F"



Line 15: "taxable"



And Insert:



Line 10: substitute new attached Exhibit "F"



Line 15: "real"



Line 17: after "Services" insert "for planning and engineering for the provision of potable water supply, treatment and distribution and wastewater collection, transmission, treatment and disposal or reuse services and facilities"



Line 22: after "services" insert "and facilities including maintenance and operations,"



On Page 5, Line 7, 16, 25, 30 strike

Line 7: Section 8

Line 16: Section 9

Line 25: Section 10

Line 30: Section 11

And Insert:

Line 5: after "services" insert ", including maintenance and operations"



Line 7: Section 7

Line 16: Section 8

Line 12: Section 9

Line 30: Section 11



Ms. Lustgarten presented the following amendments to the proposed Water/Wastewater Resolution:



On Page 1, Line 26 strike:

"as amended on December 4, 1990, identifies"

And Insert:

"and a subsequent study of South Lake County, identify"

On Page 2, Line 26, 29

And Insert:

Line 26: after "for" insert "county-wide planning and engineering for, and"



Line 29: after "services" insert ", including maintenance and operations,"



On Page 3, Line 4, 7, 14

And Insert:

Line 4: after "for" insert "county-wide planning and engineering for, and"



Line 7 & 14: after "services" insert ",including maintenance and operations,"



Line 14: after "within" insert the "Lake County Municipal Service Taxing Unit For Water and Wastewater" and the"



On Page 4, Line 4, strike

delete attached Exhibit "F"

And Insert:

substitute new attached Exhibit "F"



Mr. Al Thelen, County Manager, stated that the MSTU for water and waste water is Countywide, and provides only the unit method, so that those directly benefit through special assessments. Five areas have been designated with specific legal descriptions.

Discussion occurred regarding up front money paid by developers with a hope that the County will do a plan that will eventually assess the hard cost, and finance them through a MSTU, with a bond issue, and which would become a real incentive for developers.

Mr. Steve Richey appeared before the Board and stated that the County should not assume that a developer would borrow the money and provide it to the County in a future advance situation of any development. He discussed the public versus private sector for the provision of utilities, and stated that last week, South Lake filed with the Board a request for a community development district on its land, to be reviewed by the Board. Mr. Richey stated that there is no need today to create this MSTU system for water and sewer, until the County decides where it will be provided, and how it will be provided in conjunction with the private sector. Mr. Richey discussed with the Board the Astor situation.

Commr. Swartz stated that the County has been reviewing this issue for months, and that time will be lost, if we do not approve it today, it will preclude the Board from doing anything for an entire year. He stated that the County should want to be in the position to be able to implement a system when the time comes.

Mr. Richey stated that his objection always has been that the County does not have a basis to act on this issue, and once the ordinance is created, it will become easier to use. He further stated that the County needs to complete its studies, and determine how it will deal with the private sector.

Mr. Thelen stated that it is always a problem in regards to timing, when trying to establish something through the government, and that the County is not suggesting that it will use this MSTU countywide in the next year, but it is enabling the legislation.

Commr. Gregg stated that the information received from staff has been in the direction of the County being in the sewer and water business, and is not in the direction of investigating the best route. He suggested that the Board slow down and consider the alternatives to the passing of the MSTU.

Mr. Thelen stated that the MSTU issue has been discussed with the cities, and that the County should encourage the private sector to work with us. He stated that, if the County does not want to be involved with the sewer and water, then the Board should not pass the MSTU.

Commr. Gregg stated that the taxpayers will be paying for the service long before the service is provided, and he has a real concern with this happening.

Commr. Bakich stated that he is concerned with delaying the passing of the MSTU, and suggested that the decision be made to move forward in deciding whether or not the County wants to be in this business, or if it is going to be a joint effort with the private sector, but that he would like to see some up front costs assuring that these costs will be borne by someone other than the taxpayers over a long period of time.

Commr. Swartz stated that the whole intention is to be involved in a area where the development community wants the utility service, and is willing to commit to that service. He stated that he welcomes proposals from the private industry in the areas the County is considering, and with the assurance of a level of service and costs, these would be considered. He further stated that there is nothing in the ordinance or resolution that precludes anything on behalf of private enterprise.

Commr. Hanson stated that there are areas in the County that may need the County to develop a utility system, but that the

private sector needs to be encouraged. She stated that there is room for a partnership between the two, but that it is not the intention of the County to get into the water and sewer business.

Discussion occurred regarding the feeling of the Board to not be in the utility business, and to not pre-empt the private sector.

Commr. Swartz stated that he will not support a consensus that precludes the County from providing the water and sewer to any of the regions of the County where the County can do the best job.

Commr. Swartz made a motion, which was seconded by Commr. Bakich, to approve the following ordinance, including the amendments presented by the County Attorney:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1989-5, AS AMENDED BY ORDINANCE NO. 1989-11, RELATING TO THE "GREATER HILLS MUNICIPAL SERVICE TAXING UNIT"; PROVIDING FOR AUTHORITY FOR THE BOARD OF COUNTY COMMISSIONERS TO LEVY AND COLLECT SPECIAL ASSESSMENTS AND SERVICE CHARGES WITHIN THE GREATER HILLS MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.



Ms. Lustgarten informed the Board of an additional amendment to the ordinance, as follows:

Page 5, Section 5. Effective Date: to be effective as provided by law.

The Chairman called for a vote on the motion, which was carried to include all amendments presented by the County Attorney.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Resolution providing for the Board of County Commissioners' intent to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments.

ENVIRONMENTAL SERVICES/LANDFILLS

MUNICIPAL SERVICE TAXING UNITS

Ms. Annette Star Lustgarten, County Attorney, presented the following amendments to the proposed MSTU Ordinance for Solid Waste:

On Page 1, Line 17

And Insert:

WHEREAS, pursuant to Article VII, Section 9, of the Florida Constitution, Lake County is authorized to provide municipal services within the unincorporated area of Lake County which include solid waste collection and disposal; and



On Page 2, Line 19

And Insert:

WHEREAS, pursuant to an Agreement dated September 13, 1988, a Solid Waste Master Plan for Lake County is being prepared by Post, Buckley, Schuh & Jernigan; and



On Page 3, Line 6

And Insert:

WHEREAS, on January 23, 1990, the Board of County Commissioners entered into an Agreement with Camp, Dresser and McKee, which provides for the preparation of a full service solid waste collection plan for Lake County and preliminary findings identify service areas for exclusive franchised collection of solid waste; and



On Page 4, Line 21 strike:

"taxable"

And Insert:

"real"



Ms. Lustgarten presented the following amendment to the proposed Solid Waste Resolution:



On Page 1, Line 24, strike:

Line 24: after "1988" strike "identifies five (5) solid waste service areas within unincorporated Lake County"

And Insert:

Line 25

Line 25: WHEREAS, on January 23, 1990, the Board of County Commissioners entered into an Agreement with Camp, Dresser and McKee, which provides for the preparation of a full service solid waste collection plan and preliminary findings identify service areas for exclusive franchised collection of solid waste; and



Mr. Al Thelen, County Manager, explained the procedures for the mandatory payment for solid waste, and stated that the staff and County Attorney and Mr. Don Findell, Director of Environmental Services, are in the final stage of negotiating with the four franchises in the County for the solid waste service.

Mr. Ross Buchanan appeared before the Board and requested clarification on the mandatory collection fee, and the process the County will use to collect the unpaid fees for the service. Mr. Buchanan discussed the problems that may result from the County's incinerator, in the future. Mr. Buchanan discussed the possibility of a separate billing for the mandatory collection service, and requested the definition of waste. He further discussed composting and the importing of garbage from Orange County.

Commr. Gregg discussed the problem of dumping of garbage, and stated that the solution to this is mandatory collection.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the following ordinance, including the amendments presented by the County Attorney:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL SERVICE TAXING UNIT FOR ALL OF THE UNINCORPORATED AREA OF LAKE COUNTY FOR THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL, PURSUANT TO CHAPTER 125, FLORIDA STATUTES, SECTION 125.01(1)(q); PROVIDING FOR A TITLE, THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR SOLID WASTE COLLECTION AND DISPOSAL; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS THE GOVERNING BODY OF THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR SOLID WASTE COLLECTION AND DISPOSAL; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO LEVY SPECIAL ASSESSMENTS WITHIN THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR SOLID WASTE COLLECTION AND DISPOSAL, PURSUANT TO CHAPTER 125, FLORIDA STATUTES, SECTION 125.01(1)(q); PROVIDING FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS PURSUANT TO CHAPTER 197, FLORIDA STATUTES, SECTION 197.3632; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO RAISE FUNDS FROM SERVICE CHARGES WITHIN THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR SOLID WASTE COLLECTION AND DISPOSAL; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the Resolution providing for the Board of County Commissioners' intent to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments, including the amendments presented by the County Attorney.

RECESS & REASSEMBLY

At 3:35 p.m., the Chairman announced that the Board would recess for five minutes.

PLANNING & DEVELOPMENT

COMPREHENSIVE PLAN - CAPITAL IMPROVEMENTS PLAN

Commr. Bailey announced that the Board will be sitting as the Local Planning Agency to hear the Comprehensive Plan Capital Improvements Element.

Mr. John Swanson, Director of Planning and Development, appeared before the Board and directed the Board's attention to the Capital Improvement Facility Types, Category A (Concurrency), Category B (Non-Concurrency), and Category C (Non-Mandatory). Mr. Swanson stated that Category A (Concurrency), which includes recreation, is the only item in the Capital Improvement Element that the County needs to adopt a funding source.

Mr. David Moon appeared before the Board to discuss the revised Goals, Objectives and Policies to the Capital Improvements Element, which now includes an additional policy addressing the application of the Municipal Service Taxing District. Mr. Moon further discussed the Debt Capacity Analysis. He then discussed the Tables on the Analysis of Funds Available for Operation and Debt Service, which included the following information: General Bondable Revenues; Bondable Gas Taxes; Total Projected Non-capital Revenues; and the Total Projected Non-Capital Expenses.

Mr. Moon stated that, at the last presentation on Capital Improvements, a request had been made for staff to compare impact fees for each of the public facilities, at which time he discussed these.

Discussion occurred regarding the Recreation Operating Trust Fund, in relation to the Revenue Sharing Fund, with Commr. Swartz requesting additional backup information for review.

Mr. Don Findell, Director of Environmental Services, stated that, when the Conservation Committee put together the policies for the Conservation Element, they established various programs they wanted to see the County carry out. Staff reviewed the policies, and attempted to establish what the costs of that particular

activity might be. At this time, users' fees were discussed by staff and the Board.

Mr. Moon discussed the intent of the Comprehensive Plan and the revenue projections and flexibility of the plan. He stated that the Board does not, at this point in time, need to prioritize the projects, but only to establish a policy stating that the County will evaluate its conservation need, and prioritize the projects by a specific date.

Ms. Cecelia Bonifay appeared before the Board and stated that the task of the County now is to determine the County's priorities, and the funding sources. She stated that there is not any way that the County can make revenue projections, if there is no history in these areas to consider, and the projections will continually need to be adjusted over time.

Commr. Bailey stated that the Board needs to go back through the information and make changes, and possibly have workshops to establish a policy on managing the necessary funding.

Mr. Swanson suggested that the Board review the worksheet presented with the time that each element is due, and assign each to the cost sheet, in order to establish the necessary goals.

Commr. Bailey stated that the Board will not take action today, and requested that staff bring back recommendations to be considered by the Board.

Mr. Swanson discussed the changes to the Comprehensive Plan map, and stated that staff incorporated the summation of the public comments, as well as the Board's comments.

COMMISSIONERS

At 5:20 p.m., Commr. Gregg left for the remainder of the day.

PLANNING & DEVELOPMENT

CAPITAL IMPROVEMENTS ELEMENT (CONTINUED)

Discussion occurred regarding changes made to the Comprehensive Plan map, with staff indicating that the different maps, which have been discussed throughout the workshops, will be brought back before the Board for review.

There being no further business to be brought to the Board, the meeting adjourned at 5:50 p.m.



DONALD B. BAILEY, CHAIRMAN



ATTEST:





JAMES C. WATKINS, CLERK



TMA/12-11-90/12-18-90/BOARDMIN