The Lake County Board of County Commissioners met in regular session on Tuesday, August 6, 1991, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Capital Improvements Director (representing Al Thelen, County Manager, who was out of town), Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

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

MINUTES

Regarding the Minutes of June 18, 1991, Commr. Swartz brought up for discussion the motion on Page 38, Line 8, regarding Petition CUP#966A-4 David L. Brown, at which time clarification was requested.

Commr. Gregg requested corrections be made on Page 22, Line 32 and Page 23, Line 2 deleting "Gregg" and inserting "Stubbs".

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of June 18, 1991, with the understanding clarification would be made, and brought back before the Board, on Petition CUP#966A-4 David L. Brown, as amended.

Regarding the Minutes of June 25, 1991, Commr. Hanson requested a correction be made to Page 10, Line 5, inserting the word "in" after the word "buying".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of June 25, 1991, as amended.

Regarding the Minutes of July 9, 1991, a clarification and corrections were made, as follows:

Page 2, Line 30 - delete "directed" and insert "suggested".

Page 6, Line 25 - Clarification whether Commr. Swartz was present for the discussion and vote.

Page 8, Line 11 - delete "City" and insert "Town".

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of July 9, 1991, as amended.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

COUNTY EMPLOYEES/PERSONNEL/RESOLUTIONS

Commr. Bailey made the following presentations:

Presentation of Plaques to the outgoing members of the Lake County Industrial Development Authority:

Dr. Carl Andersen

Mr. Richard Edgerton

Mr. Richard Huff

Presentation of Resolution for years of service on the Planning and Zoning Commission:

Ms. Peg Beattie

Presentation of July "Employee of the Month" Plaque and Savings Bond to:

Mr. David Walker, Maintenance Specialist I, Parks & Facilities Division, Public Works Department

Presentation of Plaques to Employees with Five and Ten Years of Service to:

Five Years of Service

Ms. Betty H. Dittman, Expo Center/Fairgrounds Director

Mr. Frank S. Franklin, Equipment Operator III, Maintenance Area I

Ms. Sharla R. Van Scoyk, Staff Assistant, Public Works

Ms. Ruth Ann Martin, Corrections Officer, Corrections

Ms. Virginia McAllister, Secretary III, Planning

Ten Years of Service

Mr. Byron H. Trammell, Corrections Sergeant, Corrections

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 137945 through Warrant No. 138809, for the following:

Pasco Fire District Landfills

General Revenue Countywide Fire District

Animal Shelter Trust Fund Mosquito Control

Aquatic Weed County Transportation Trust

Northwest Fire District Resort & Development Fund Tax

Law Library South Lake Fire District

Bassville Fire District Paisley Fire District

Commissary Trust Fund Emergency 911 Fund

Mt. Plymouth Fire District Capital Outlay

Revenue Sharing Countywide Library

Section 8 Private Industry Council

Road Impact South Lake Fire District

Northeast Ambulance Northwest Ambulance

Miscellaneous/Gas Fund Animal Shelter Trust Fund

Courts-Judges

Request for approval of Satisfaction of Judgment for Samuel S. Thornburg, Juvenile and Clair Thornburg & JoAnn Thornburg, Parents, Case No. 89-1082-CJ, in the amount of $50.00, and authorized proper signature on same.

Ordinances/Municipalities

Request to acknowledge receipt of City of Eustis Ordinance No. 91-09, annexing and rezoning a parcel of land located on the west side of Dillard Road between Highway 441 and Mt. Homer Road.

Request to acknowledge receipt of City of Mt. Dora Resolution No. 91-60, condemning racial hate crimes.

Request to acknowledge receipt of City of Eustis Ordinance No. 91-13, annexing and rezoning a parcel of land located at 1065 Wall Street, being the south east corner of Wall Street and Pine Avenue.

Request to acknowledge receipt of City of Eustis Ordinance No. 91-11, annexing and rezoning a vacant parcel of land located on the east side of Country Club Road between Washington Avenue and Hilltop Court.

Request to acknowledge receipt of City of Eustis Ordinance No. 91-10, annexing and rezoning a parcel of land located west of Palmetto Street and adjacent to the City percolation pond.

Request to acknowledge receipt of City of Eustis Ordinance No. 91-14, annexing and rezoning the Mount Olive Cemetery, located west of Dillard Road between Highway 441 and Mt. Homer road.

Request to acknowledge receipt of City of Orange County Board of County Commissioners of a public hearing on Tuesday, August 13, 1991, at 1:35 p.m., regarding the request for a variance in A-2 zone to erect a single family residence thirty-eight (38) feet from Normal High Water Elevation, Arrowhead Lakes.

COUNTY MANAGER'S CONSENT AGENDA

COUNTY MANAGER

Commr. Bailey stated that Mr. Al Thelen, County Manager, had been called out-of-town due to a family illness, and Mr. Mike Anderson, Capital Improvements Director, will be Acting County Manager.

Discussion occurred regarding the request for specifications for interior design for the Criminal Justice Facility, with Mr. Mike Anderson requesting that this item be pulled from Tab 3.

Commr. Swartz requested that Tab 3 be pulled from the County Manager's Consent Agenda for the purpose of discussion.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the following requests, consisting of Tabs 2 through 20, with the exception of Tab 3.

County Employees/Personnel

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

Accounts Allowed/Budget Transfers/Resolutions

Request for transfer of funds to various departments, as alluded to in documentation included with this request.

Request approval of resolution requesting that the Certificate of Indebtedness Fund be amended in order to receive unanticipated revenue, in the amount of $500.00, since the interest income received to date is more than the budgeted amount to appropriate costs for processing payments to bond holders.

Request approval of resolution amending the Infrastructure Sales Tax Revenue Fund and establishing an Infrastructure Capital Projects Fund (301) for the purpose of using Sales Tax monies for the Records Storage Building, in the amount of $400,000.00.

Jails/Rights-of-Way, Roads and Easements/Public Works

Purchasing

Request from Capital Improvements for approval of a request from Florida Power for easements required for the power distribution to the new Jail and relocation of power routing to Public Works and Purchasing.

Fairgrounds/Health & General Services

Request permission for Lake County Fair to build a pole barn for storage with all costs being paid by the association.

Accounts Allowed/Health & General Services

Request authorization of payment for the monthly Medicaid Nursing Home bill, in the amount of $33,637.42, and the Medicaid Hospital bill, in the amount of $41,643.89. Medicaid bills are for the month of May.

Contracts, Leases & Agreements/Health & General Services

Request to execute an amended agreement between the Board of County Commissioners and the Lake Agriculture and Youth Fair Association, Inc. for provision of administrative and management services to reflect the correct amount to be paid to the County for services to the Fair Association.

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

Resolutions

Request for final plat approval of Saratoga; acceptance of a maintenance bond, in the amount of $2,060.55; and acceptance of the following road into the County maintenance system: Dewberry Lane (4-4684) (9 lots in District 4).

Request for final plat approval of Lake Catherine Estates; acceptance of an Irrevocable Letter of Credit, in the amount of $9,927.56, and acceptance of the following roads into the County maintenance system: Catherine Circle (2-1614) and Seymour Lane (2-1614A) (33 lots in District 2).

Request for final plat approval of Sundance Ridge; acceptance of an Irrevocable Standby Letter of Credit, in the amount of $19,863.50, for maintenance; and acceptance of the following roads into the County maintenance system: West Ridge Terrace (4-4086C), Sundance Drive (4-4086), Ridgecrest Terrace (4-4086D), Sunset View (4-4086A), Eastridge Terrace (4-4086B) (78 Lots in District 4).

Rights-of-Way, Roads and Easements

Request to accept the following non-exclusive easements for:

Large Lot Waivers

Jeff C. McLean and John McLean, Minneola Area, District 3

D. C. Properties/R. Hugh Douglas, Managing Partner; Lillian D. Hogenbloom, Trustee; Eleanor D. Barrineau - Lady Lake Area - District 1

D. C. Properties/R. Hugh Douglas, Managing Partner; Eleanor D. Barrineau - Lady Lake Area - District 1

William M. Douglas - Lady Lake Area - District 1

Barbara J. Sharp, Frank J. Sharp, John J. Sharp, John J. and Frank J. Sharp, III - Groveland Area - District 2

A. R. Chapman, Mark K. D. Savage - Mt. Dora Area - District 4

All large lot waivers meet standard requirements.

Signs/Resolutions

Request to post 45 m.p.h. signs on Bloomfield Avenue (2-3026), Yalaha.

Roads-County & State/Deeds/Subdivisions

Request to release the following Murphy Act State Road Reservations:

Deed No. 2776 - Judith Ann Messier - Mt. Plymouth Section "A".

Deed No. 977 - Hans VanDingstee and Kathy Ann VanDingstee, his wife - Three Lakes Subdivision, Dona Vista Area.

Rights-of-Way, Roads and Easements

Request to accept the following Non-Exclusive Easement for Vacation Petition #652:

John M. Tench and Carolyn K. Tench, his wife.

Deeds/Rights-of-Way, Roads and Easements/Road Projects

Request to accept the following Right-of-Way Deeds:

For Road Projects:

Odell Harris - Radio Road (1-5433)

Clarence L. Wright and Mary C. Wright - Radio Road (1-5433)

James V. Newkirk, Rosa Newkirk, and Harold McKay, Jr. - Radio Road (1-5433)

Deeds/Rights-of-Way, Roads and Easements/Road Projects

Request to accept the following Quit Claim Deeds:

For Road Projects:

CSX Transportation, Inc. - Slab Church Road (2-1726)

Bruno Schmid and Christine L. Schmid - Round Lake Road (4-4183)

Deeds

Request to accept the following Statutory Warranty Deed for site plan:

Robert R. Andrews and Elizabeth R. Andrews - Shady Acres Road (1-5124)

Accounts Allowed/Contracts, Leases & Agreements

Tourist Development Council

Request to execute Advertising Agreement for the 1992 edition of the Florida International Travel Planner with Worth International Communications Corporation, and to encumber and expend funds, in the amount of $2,610.00.

Accounts Allowed/Contracts, Leases & Agreements

Tourist Development Council

Request to execute Advertising Agreements for one month and for one year with Parkway Brochure Distributing Company, and to encumber and expend funds, in the amount of $2,600.00.

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS/BIDS

Commr. Swartz brought up for discussion Tab 3, Page 4, Item #2, the purchase of two CDS Computers so that the Environmental Services Department will be compatible with State university equipment and meet the required task performances of the State. Commr. Swartz stated he felt the cost of the two CDS Computers was extremely high.

Ms. Eleanor Anderson, Executive Director of Management/Budget, appeared before the Board to state that three quotes were received, for the computers in question, and this was the lowest quote

received. The computers are compatible with the existing IBM and Unisys computers on site. She stated that the computers have a one year warranty covering all parts and labor, with on site service.

Ms. Ava Kronz, Assistant to the County Manager, stated there was an error in the backup material, and the amount of $4,260.00 includes two 286 computers and one 386 computer, not two computers as previously stated.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved Tab 3, the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows, with the exception of:

"Page 2 - Item 7, Capital Improvements - Specifications for interior design for Criminal Justice Facility - $38,000.00"

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

CONTRACTS, LEASES & AGREEMENTS/FINANCE

Commr. Gregg stated that the contract with Ernst and Young, for the 1990-91 County Audit, includes an increase of approximately seven percent (7%), and stated the County should negotiate fees with Ernst and Young, or consider obtaining competitive quotes in the future.

Mr. James C. Watkins, Clerk, stated that discussion has occurred regarding this issue, and the conclusion was the costs versus the benefits would not warrant a change at this time. He stated that, without checking the records, his recollection is that this was the first increase in several years.

Mr. Watkins stated that a report will be prepared as to when the contract with Ernst & Young started, what amendments have been made, what the cost of those amendments have been and why, so that a comparison can be made before next year's audit.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for an amendment to the contract with Ernst & Young, for the 1990-91 County Audit, with the understanding that a report will be prepared, as stated above by Mr. Watkins.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

CORRECTIONS DEPARTMENT

Mr. Tom Neumayer, Executive Director of Corrections, appeared before the Board to present the request to expand the scope of services in the agreement with Correctional Services Group, Inc., for the development of an in-house training program.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to expand the scope of services in the agreement with Correctional Services Group, Inc., for the development of an in-house training program, and to encumber and expend funds, in the amount of $25,200.00 from the Furnishing, Fixtures & Equipment (FF & E) account.

Ms. Annette Star Lustgarten, County Attorney stated that this was an amendment to the existing agreement with Correctional Services Group, Inc.

Mr. James C. Watkins, Clerk, stated a determination should be made if FF & E funds can be used for training purposes.

CONTRACTS, LEASES & AGREEMENTS/BONDS

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request for consideration of an agreement between the Lake County Board of County Commissioners and Nabors, Giblin & Nickerson to provide bond counsel services.

STATE AGENCIES/HEALTH & GENERAL SERVICES

Mr. Lonnie Strickland, Executive Director Health and General Services, appeared before the Board and stated that, during the past legislative session, Senate Bill 2306 was passed, which called for the establishment of Interim Planning Groups within each HRS district.

Mr. Strickland stated that the groups include reorganizing the HRS districts, and the establishment of district health and human

services planning bodies. He stated that he is requesting direction from the Board regarding these two issues.

Discussion occurred regarding the reorganizing of the HRS districts, with Commr. Bailey stating that it is his opinion that the County should stay within the 5th Judicial Circuit boundary, which encompasses Lake, Sumter, Hernando, Citrus, and Marion counties.

Mr. Strickland stated that the planning body of the group can have a broad range of authority, or essentially an advisory, capacity and questioned what direction the Board wished to take regarding this issue. Mr. Strickland stated that he would like to meet with those members from Lake County that sit on the Interim Planning Group, advertise the meeting, and receive a consensus from them as to how they feel regarding the issues in question.

Commr. Swartz suggested that Mr. Strickland meet with the Interim Planning Group to review the issues, and return with staff recommendations to the Board.

LANDFILLS/ENVIRONMENTAL SERVICES

Mr. Rick Patterson, Public Financial Management, Inc. (PFM), appeared before the Board to present a fee proposal for preparation of an updated disposal cost comparison of the County's System, with and without disposal at the existing waste-to-energy facility. Mr. Patterson referred to a letter, submitted to the County Manager, outlining the tasks which will be necessary for preparation of an analysis, and PFM's fee proposal for performing these tasks.

Mr. Patterson stated that the total estimate for the cost of the proposal will be $28,940.00, of which a portion is for a "base case" scenario, which will be required regardless of whether the County chooses to examine the "no-burn" alternative. The base case scenario will analyze the projected System tonnage, operating revenues and expenses, capital requirements, and debt service expenses during the 20-year life of the Service Agreement. He stated that this portion of the proposed fee is $6,585.00.

Mr. Patterson stated that a no-burn scenario, in the amount of $22,355.00, would consist of making the revisions to the base case scenario, which will be necessary to reflect the abandonment of waste-to-energy. This no-burn scenario will attempt to estimate the disposal costs, which can be expected to result from breaching the existing Service Agreement with Ogden Martin Systems of Lake County, Inc., and include a cash flow analysis, a legal review, and report preparations.

Commr. Bakich questioned if Mr. Patterson had been asked to look at the total solid waste costs, with Mr. Patterson stating that all costs associated with recycling, composting, or other potential components of the County's Solid Waste System will be included in the study.

Discussion occurred regarding the proposed fee for the no-burn scenario, at which time, Commr. Gregg stated that a portion of the $4,060.00 fee for Post Buckley Schuh & Jernigan and R. W. Beck & Associates, should be included in the cost of the no-burn study.

At this time, Commr. Swartz brought up for discussion the analysis of future landfill development requirements, and the projected financing/debt service requirements associated with future landfill expansion.

Commr. Gregg stated that he would like to see included in the sensitivity analysis a high and low, and conversion of that assumption into terms of what the cost per ton will be, to be included in the bottom line figure, so that it can be determined if it increases a $1.00/per ton if it runs double the projection, or if it decreases a $1.00/per ton if it runs half the projection. He stated that the Board wants a fair evaluation of what a no-burn situation would be.

Commr. Swartz addressed the issue of Bond Counsel, and the Underwriters agreeing to provide assistance in developing the structure of the fixed rate conversion, at no additional cost to the County. Commr. Swartz expressed his concern that many of the people, who were involved in providing information, were the people

who benefit from selling bonds, and questioned if there might be a conflict of interest that could possibly arise when asking those people to provide information that is ultimately going to impact whether or not the bonds are sold for a new landfill, refinancing the bonds for the incinerator, or some other alternative.

Commr. Gregg stated that this study needs to be completed on a fair and impartial investigation by Public Financial Management, and stressed the importance of the Board not getting involved in any way with the study.

Commr. Bailey stated that the Board must be careful not to get involved in the study, and not to influence PFM in any way. He stated that the numbers need to be done from a strictly professional view point.

At this time, Commr. Swartz suggested that the letter received from Mr. Daniel W. Eastwood, Jr., with observations and questions raised by a number of concerned Lake County citizens, be passed on to Mr. Patterson for his review.

Mr. Don Findell, Executive Director, Environmental Services Department, stated that direction was needed from the Board as to the program standpoint it wishes to follow.

Commr. Bakich stated he supports using the numbers that are presently being used, if they are accurate numbers, at which time discussion from the Board followed.

Commr. Swartz stated that the base case scenario, in his view, is the most accurate set of assumptions available; but, if alternative options are investigated, it will be necessary to bring these options back to the Board for direction, or multiple analyses will need to be done.

Commr. Hanson stated that the one question which needs to be addressed, at this time, is whether or not the incinerator is to be kept in operation. She stated her original thinking was not to study the total comprehensive solid waste plan, but to keep the study as simple as possible.

Commr. Gregg stated that, when it was originally decided to have PFM look at the feasibility of a study, the cost was a factor. He stated that he cannot support a more extensive study. He stated that the Board is trying to direct the study, and he is not happy with the direction the Board is taking.

Commr. Swartz stated that, if the Board is serious at looking whether or not it is economically feasible to consider shutting down the incinerator, it is necessary to look at the lowest cost alternatives. He stated the lowest cost alternative, in his opinion, is composting, and this alternative should be considered, with costs figured into the study.

At the suggestion of the Board, Mr. Patterson stated that the numbers used in a study, which was prepared by Post Buckley last year, would be factored into the proposed study by PFM.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board moved to authorize the study, as proposed by Public Financial Management, Inc., to include areas as discussed, including an analysis of the recycling composting options, at a cost not to exceed $29,000.00; plus the additional costs to Post Buckley Schuh & Jernigan, in an amount not to exceed $3,500.00; and costs to R. W. Beck & Associates, in an amount not to exceed $560.00.

Upon being questioned, Mr. Patterson stated that the study will be available in approximately four to six weeks.

DEEDS/RESOLUTIONS/RIGHTS-OF-WAY, ROADS AND EASEMENTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

No one appeared in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for a resolution authorizing the Board of County Commissioners to authorize exchange of Lake County property consisting of a fifty (50) foot right-of-way, identified as a portion of Ranch Road, for

property owned by Lay-Laine Corporation, consisting of a sixty-six (66) foot right-of-way west of Ranch Road.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to accept Non-Exclusive Easement for Ranch Road from Linda Ward Summerall.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to accept the Statutory Warranty Deeds for Ranch Road from Paul G. Faircloth, Robert J. and Carol A. Morin, and Kenneth G. and Joyce I. Morin.

ACCOUNTS ALLOWED/SUBDIVISIONS

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for final plat approval of Magnolia Island; accepted a Performance Bond, in the amount of $115,500.00, for improvements in the subdivision; accepted a Performance Bond, in the amount of $46,200.00 for improvements at SR 50 and Hartle Road, and improvements to extend Hartle Road.

CONTRACTS, LEASES AND AGREEMENTS/STATE AGENCIES

Ms. Theresa Dunham, Director of Housing, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the request from Section 8 Housing for Renewal Amended Annual Contributions Contract A3602E for the Section 8 Certificate Program, between Lake County and U.S. Department of Housing and Urban Development, extending the Contract through March 31, 1993.

Commr. Swartz was not present for the vote.

CONTRACTS, LEASES AND AGREEMENTS/STATE AGENCIES

Ms. Teresa Dunham, Director of Housing, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the request from Section 8 Housing for

Renewal Amended Annual Contributions Contract A3303E for the Section 8 Certificate Program, between Lake County and U.S. Department of Housing and Urban Development, extending the Contract through October 20, 1993.

Commr. Swartz was not present for the vote.

SUBDIVISIONS/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board acknowledged receipt of the Southlake FQD Development Order.

Commr. Swartz was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to state that this request is for a population study that would recognize the population figures contained in the Comprehensive Plan, and would add the needed justification to find the plan in compliance.

Mr. Swanson stated that the study, in question, could be conducted for an amount not to exceed $10,000.00.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the request for a population study to be completed by a consultant to supplement the County Comprehensive Plan.

Commr. Swartz voted "No".

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

No one present wished to discuss this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the request to execute an agreement with the City of Eustis regarding annexation of Marsh Park.

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

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the request to execute a Radio Tower Lease Agreement with Golden Gem Growers, Inc., and to encumber and expend funds, in the amount of $1,500.00 per year.

RECESS AND REASSEMBLY

At 10:45 a.m., the Chairman announced that the Board would recess and reconvene at 10:50 a.m., for the Redistricting Workshop.

COMMISSIONERS/MEETINGS

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present the workshop on redistricting of Lake County into Five Commissioners' Districts Pursuant to Chapter 124, Florida Statutes.

Mr. Swanson stated that staff has prepared three redistricting proposals, and maps reflecting the proposals, for the Board's review and comment, using tract level summary and Block Group level summary information obtained from the 1990 Census of Population and Housing, to estimate total population, as of April 1, 1990, for each existing Commissioner District.

Mr. Swanson stated that, in Proposal #1, summary information was used to adjust existing Commissioner's Districts as nearly equal in proportion to population as possible. At this time, the Board reviewed the map showing the districts in Proposal #1.

Mr. Swanson presented Proposal #2, which creates a South Lake County Commissioner District and a Northeast Lake County Commissioner District, each with a total population of approximately 30,420.8 persons. He stated that a Leesburg area Commissioner District was then created with a similar total population, with the remaining population divided equally among the last two Commissioner's Districts.

Mr. Swanson presented Proposal #3, which included a review to determine areas of the County with substantial minority populations of fifty (50) or more persons. The diversification of these areas does not allow for the grouping of minority populations into one practical District. He stated, however, that these areas were grouped into two Districts, each with a total population of approximately 30,420.8 persons, with the remaining population divided equally among the last three Commissioner's Districts.

Discussion occurred regarding the redistricting of the Commissioner's Districts, at which time, Commr. Gregg stated that redistricting is an issue that the Board, themselves, will have to decide.

Ms. Annette Star Lustgarten, County Attorney, stated that ten percent (10%) is the allowable population variance per district, but the recommendation is zero percent (0%) or as low as possible.

Commr. Swartz stated that an allocation has been made in the Elections and Voter Registration Department budget this year to cover the cost of changing precincts, addresses, etc. Ms. Emogene Stegall, Supervisor of Elections, has indicated that the changes will not be completed this year as planned, and has requested that the money be available in her budget for next year. Commr. Swartz stated that this issue will need to be addressed in the next redistricting workshop.

Discussion occurred regarding the request from the School Board for a meeting in Howey-in-the Hills, on August 20, 1991, and future redistricting workshops, with Mr. Gene Molar, School Board Member, participating in the discussion.

Ms. Lustgarten stated that the Board is required to have the districts in place by the last meeting in November, in order to allow for advertising in December, and then transmission to the Secretary of State.

Commr. Gregg stated that it would be helpful to have a large scale map showing location of precincts, a current precinct list

indicating the population in each precinct, and the number of registered voters in each precinct.

At this time, the Board scheduled a redistricting workshop on August 19, 1991, at 1:30 a.m. in the Board of County Commissioners' Meeting Room.

It was the decision of the Board to postpone the meeting with the School Board, which was tentatively scheduled for August 20, 1991, in Howey-in-the-Hills.

RIGHTS-OF-WAY, ROADS AND EASEMENTS/SUBDIVISIONS

ROADS-COUNTY & STATE/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present the request for authorization to initiate litigation regarding the Higley Plat property located west of Umatilla.

Ms. Lustgarten stated that the Higley Plat was never recorded in the Public Records of Lake County, but several deeds have stated that the Higley Plat was recorded in Orange County on April 12, 1885. She stated that an official opinion was requested from Orange County, Marion County, and Sumter County, and each County has officially stated that the Higley Plat is not recorded in their Public Records.

Ms. Lustgarten stated that the matter, in question, came to the County's attention when Mr. and Mrs. Donald Cecil notified the County and the Code Enforcement Division that Mr. William F. Wolcott recently built a barbed wire fence within the right-of-way around two sides of the property of his neighbors, Mr. and Mrs. Cecil, in order to deny the Cecils access to a Higley Plat road.

Ms. Lustgarten stated that, after extensive legal research, it is her legal opinion that Lake County should recognize the Higley Plat rights-of-way as public rights-of-way as reflected on the Plat. She stated that the doctrine of equitable estoppel supports this legal conclusion based on actions and practices of the County.

Ms. Lustgarten stated that, in order to resolve the Wolcott-Cecil dispute, she is requesting authorization to seek an

injunction and other necessary relief in Circuit Court to have the fence removed.

Ms. Carol Cecil and Mr. Don Cecil, residents of Higley Subdivision, appeared before the Board and presented a map of the property in question. Ms. Cecil gave a brief history of the property, which they purchased a year ago, and stated that, after contacting the County Public Records and their Real Estate Agent, they were assured they had road access along the western portion of their property, which is known as Shane Road.

Mr. Cecil stated they built their house on the property based on information the County provided. He stated the County has always recognized the roads in Higley, and the residents in Higley want the roads to remain as they are at this time. He further stated that they have no Emergency 9-1-1 access, and they have notified the County Attorney's office that they are entitled to Emergency 9-1-1 service.

Discussion occurred regarding a letter addressed to Mr. and Mrs. Cecil from Mr. Lawrence J. Semento, Attorney representing Mr. and Mrs. Paul Niles, co-owners of the property owned by Mr. Wolcott. The letter in question stated that it was abundantly clear that the Cecil's were sold the property with the specific understanding that access to the property would be across the easement running to the east and north. Mr. Cecil responded that this was not correct.

Ms. Diane Scott, a local resident, appeared before the Board to state that she has access to her property over the same type of easements on Higley platted property and has appeared before the Board, in the past, concerning the same roads and the same types of problems. She stated that she has documentation that shows that the County recognizes the roads as county roads.

Mr. Lewis T. Story, a local resident, appeared before the Board in support of the Cecils and stated Shane Road has always been an open road with no fences. He further stated an easement cannot legally be fenced.

Ms. Catherine Cooper, a local property owner, appeared before the Board and stated there would be a number of property owners landlocked, if Shane Road is allowed to be fenced.

Mr. Dale Larson, a local resident, appeared before the Board and stated that the Higley Plat was originally groves, and Shane Road, at that time, was used for the grove workers and trucks. His further stated, if Shane Road was a private road, half of the road would be on his property.

Ms. Cecelia Bonifay, Attorney representing Mr. Paul Niles and Mr. William F. Wolcott, appeared before the Board to state that Mr. Niles has a private easement to his property, which he has fenced. Ms. Bonifay stated that this is clearly a neighborhood or private property dispute between two private property owners, and advised the County not to file suit against her client. She stated that the Higley Plat covers approximately three thousand acres in Lake County and is fenced in many areas. If the County is going to insist that Mr. Niles take down his fence, she is requesting that the County file an injunctive action against every other owner who has a fence on a public right-of-way.

Ms. Bonifay stated that she is asking that the County Attorney's request to institute litigation against her client be denied.

Mr. William Stern, Attorney representing a homeowner in the Higley subdivision, appeared before the Board to state that he has found four different documents, and the County uses three different plats, regarding the Higley Plat. Mr. Sturm presented photographs of the roads and easements in the area, including Shane Road, and briefly discussed each road and easement. He stated that the roads do not meet the criteria of a road, they have not been maintained or accepted, and are not roads.

Mr. Bill Shrewsbury, Citrus Hill Realty, representing a property owner in the area, appeared before the Board to state that the roads, in question, are known roads and not swamp land, as previously stated. Mr. Shrewsbury stated that he has sold five

tracts of land in the last sixty (60) days, and the buyers have been told, by the County, that it would be possible for them to get access to said properties.

Ms. Sheila Gibson, a local property owner, appeared before the Board and stated that the County has, until a few weeks ago, issued building permits on Shane Road, and she feels, if the County issues a building permit, it is telling the applicant it is all right to build a house. Ms. Gibson addressed the statement by Ms. Bonifay about the number of fences on the Higley Plat, and stated that there are fences, but the residents are neighborly, and they do not fence other residents out of their homes. At this time, Ms. Gibson asked the Board to give this issue some thought, and stated that the roads have been there for one hundred years, and there are people on the Higley Plat that need access to their homes.

Ms. Victoria Cecil, the daughter of Mr. and Mrs. Cecil, appeared before the Board and stated, in the event that they call Emergency 9-1-1, her address at 41320 Shane Road will come up on the Emergency 9-1-1 computer, but emergency vehicles will not have access to her house.

Ms. Lustgarten stated that, in proceeding with litigation, the County would also seek declaratory relief. She stated that the County has taken a number of steps and actions over the past years that have acknowledged the existence of these roads as public roads. She further stated that she feels this is an appropriate action for the County.

Ms. Lustgarten stated that, for a number of years, Lake County title companies have recognized, and accepted in their title policies, that there is public access to properties on the Higley Plat, and the roads have been recognized as public roads. She stated, however, that some of the easements across the back of these roads have not been recognized by some of the title companies.

Commr. Bakich stated that, after speaking with a number of property owners in the area, he is looking at this issue in two

different degrees as follows: one as a civil issue between neighbors, and the other as a much broader issue that will require a great deal of time, energy, and effort on all of those involved. He stated that he feels this issue should remain a civil issue, but, on a larger scale, he stated that the County Attorney and others should get involved in these matters to reduce this type of occurrence.

Commr. Gregg stated that he feels there are many other problems like this issue within Lake County, and he cannot support suddenly deciding that a unrecorded plat is a legal and recorded plat. He stated that he does not feel the County has any legal basis to designate rights-of-way that, up until now, have been going around lakes and wetlands and have had homes built within a right-of-way.

Commr. Gregg informed Mr. Swanson that the Building Department should be directed to make it clear to property owners that these lots are Lots of Record, and the County does not require access to Lots of Record.

Commr. Swartz stated that the best way to deal with this issue is to postpone making a decision today, but ask a judge to issue a temporary injunction, so that access to the property, in question, is available, and then request a declaratory judgment by a local judge on this issue.

Commr. Bailey stated that there are other similar cases, of which the County has contributed to some of the problems, and the County should make every effort to resolve this issue.

Commr. Hanson stated that alternate access is available in this particular case, and it is not a case where the fence, in question, is shutting off access to the Cecils. She stated that there is not enough information, at this time, to determine what will be necessary to settle the discussed issues in the Higley subdivision.

Ms. Lustgarten stated that the County would follow suit, if authorization is given, within a week, and a preliminary injunction

hearing will be scheduled for removal of the fence, so that access will be available to the Cecil's property. After the injunction hearing, the case will be set for trial for a mandatory injunction and a declaratory judgment, which would take approximately two months.

Commr. Bakich made a motion, which was seconded by Commr. Gregg, to deny authorization to the County Attorney to initiate litigation on the Higley Plat.

Under discussion, Commr. Bakich stated it is his hope that this issue can be resolved in a more palatable, peaceful manner, with the County exploring other avenues.

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

Commrs. Swartz and Bailey voted "No".

RECESS AND REASSEMBLY

At 12:25 p.m., the Chairman announced that the Board would recess and reconvene at 12:30 p.m.

PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning and Development, appeared the Board to present the request for clarification on the language for vesting in the Comprehensive Plan, which was adopted by the Board on July 9, 1991.

Ms. Annette Lustgarten, County Attorney, stated that the original Wekiva River Protection Area language addressed vesting for density, which provided that certain development orders were vested for density. She stated that it permitted a plat of property based on zoning classification in place immediately prior to the effective date of the Amendment, providing that a complete application for site plan approval or an application for preliminary plat approval was filed prior to December 21, 1989, and a "CP" planned commercial district zoning was also vested for density. She stated that staff has been processing plats in the Wekiva River Protection Area under this criteria, and providing it was a preliminary plat application submitted prior to December 21,

1989, it was being processed pursuant to the Land Development Regulations in place at that time.

Ms. Lustgarten stated that the above language was not included in the Land Use Plan Amendment. She stated that the Land Use Plan Amendment, in relation to the Wekiva River Protection Area as it addressed recorded plats, did not include the review language because it was the exact language of the Land Use Plan Amendment that had been transmitted. She stated that the Land Development Regulations, as well as the Land Use Plan Amendment, were approved by the State and both existing regulations do apply to the area.

Ms. Lustgarten stated that the language in the original Land Use Plan Amendment was the language that was incorporated in the Wekiva Amendment, as it existed, and was simply placed in the Comprehensive Plan.

Mr. John Swanson stated that the Land Development Regulations did not get into the Comprehensive Plan, and it was his direction that the Board wanted the Land Development Regulations in the Comprehensive Plan.

Discussion occurred regarding the omission of said language from the Plan, at which time, Commr. Bakich stated that the tapes of the public hearings should be reviewed for clarification on how this omission occurred.

Commr. Gregg stated that there were extensive discussions from the Board that, if a preliminary plat application had been approved, it would fall under the existing guidelines and Land Development Regulations before adoption of the amendment. He stated there is no doubt of the intent of vesting, especially in the Wekiva River Protection Area, and staff was directed to leave the vesting language alone.

Commr. Swartz stated that the language that was submitted was the language that was approved in the Comprehensive Plan Amendment, but the difference is that the Land Development Regulations allow for a category that is not in the Comprehensive Plan. He stated that the language is exactly what the Board approved, but, if the

Board wants to decide there is a scrivener's error between what was approved and what the Land Development Regulations say, they have that ability.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to take the necessary steps to correct the scrivener's error between the language which has been approved and what is in the Land Development Regulations.

Under discussion, Commr. Swartz suggested the following language: "what has been approved in the Land Development Regulations, which allows for development under the conditions and regulations that existed on December 21, 1989, allowing for any development who had submitted a complete application for preliminary plat prior to said date" and questioned if said language would make the Land Use Plan Amendment and the Land Development Regulations consistent. Ms. Lustgarten responded "yes".

In response to a request for clarification by Mr. Swanson, Commr. Swartz stated that the above stated language applies to the land that is in the Wekiva River Protection Area only.

The Chairman called for a vote on Commr. Gregg's motion, which was carried unanimously.

Mr. Swanson brought up for discussion the Commercial and Industrial Policies, at which time, the Chairman asked for public comment.

Ms. Cecelia Bonifay, Attorney, representing potentially adversely affected land owners, appeared before the Board to state that it was clearly understood that, through the matrix, a commercial use would be permitted without a Comprehensive Plan Amendment. She stated that it was clear commercial and industrial would fit in with the higher density uses, and not only limited to where the dots are on the map.

Mr. Steve Richey, Attorney, appeared before the Board and stated, on July 9, 1991, he appeared before the Board and expressed two concerns with regard to the vesting issue. He stated these

concerns addressed the fact that prior copies of the Comprehensive Plan included criteria that had specific indications in prior discussions with regard to where industrial properties were to be, and the criteria and vesting for those properties. He stated that, at the last hour, the criteria and vesting language for industrial properties was deleted and substituted with a map that had existing zonings. He stated, at this time, no industrial can be added beyond those currently zoned properties without doing a Comprehensive Plan Amendment, because there is no criteria. He stated that this really causes major problems in areas where there is industrial zoning, and people wish to add additional industrial zoning.

Mr. Richey stated the one area, which was to encourage diversity of the economic base in Lake County and provide the mechanisms in the Plan to encourage industrial development, has been taken away by deletion of all of the vesting except what is on the map as specific sites. Mr. Richey questioned why is the Industrial Development Council of Florida working to bring industry to the County, and why develop the industrial park when, in fact, any expansion of the industrial base beyond currently zoned property falls into a Comprehensive Plan. He stated that it is of extreme importance that this be corrected.

Mr. Greg Beliveau, representing a property owner, appeared before the Board to state his client has property which is currently zoned industrial, but is not on the map; however, a portion of his property across the street is shown on the map as a small dot. He stated he was assured that a footnote would be placed on the Land Use Map which stated property not illustrated by a blue dot is still vested, because it is currently zoned industrial.

At this time, discussion occurred regarding the issues Mr. Richey brought to the attention of the Board regarding industrial criteria.

Ms. Linda Rosar, a resident of Fruitland Park, appeared before the Board to question the flexibility of the Comprehensive Plan.

Ms. Lustgarten stated that industrial criteria can be added to the Plan through an amendment, and the Board has the option of initiating that process so that the amendment can be processed this year.

Commr. Swartz stated that he does not oppose the drafting of a Land Plan Amendment giving the Board the ability to identify parcels or areas where additional industrial ought to be identified for future land use. He stated criteria should be in place where industrial should be allowed, but changing a land use will require a Land Plan Amendment whether it is industrial, commercial or residential.

Upon being questioned, Mr. Swanson stated that the matrix is in the Comprehensive Plan, but wording has been omitted to allow use of the matrix. After discussion, Mr. Swanson stated, after review of the Comprehensive Plan, if, in fact, the language in question has been omitted from the Plan, the language will be added.

Mr. Beliveau stated that Policy 1-4.1 and Policy 1-4.2 do address available industrial land expansions and additional land needs, and the draft, that was sent with the July 2, 1991 corrections, does outline expansion of the industrial areas.

Commr. Bailey instructed Mr. Swanson to review the areas under discussion and return to the Board with his findings for further discussion.

PROPERTY APPRAISER/FIRE PROTECTION

Mr. Ed Havill, Property Appraiser, appeared before the Board to address the questions presented to the Board, in a memo dated July 25, 1991, regarding Fire Tax Administration.

Mr. Havill, referring to acreage parcels, asked what minimum size is to be used for application of the ten cents ($.10) per acre rule.

Ms. Annette Star Lustgarten, County Attorney, responded that acreage charged for agricultural, timber, grazing lands and other agricultural type lands shall be accessed ten cents ($.10) per acre.

After extensive discussion, it was the decision of the Board to charge five dollars ($5.00) for lot or parcel. Ten cents ($.10) per acre will be charged for agricultural, timber, and grazing land with a Green Belt Agricultural exemption.

Mr. Havill, referring to owners who have one acre lots plus a small parcel, such as one-fourth acre, questioned if the owner is assessed $5.00 for the full lot and exempted the partial lot.

After discussion, it was the decision of the Board to charge five dollars ($5.00) per lot plus the parcel, if the two pieces are aggregated.

Mr. Havill, referring to vacant industrial and commercial land of more than one acre, questioned if this land should be assessed by lot or by acreage.

Ms. Lustgarten stated that, if it is platted, it is a lot, and a vacant lot is classified as a parcel.

After discussion, the Board responded to Mr. Havill's question that the charge is five dollars ($5.00) for a lot, or parcel, if it is not classified as Agricultural.

Mr. Havill, referring to small parcels in the Green Swamp (one and one-fourth to five acres), questioned if they will be accessed as acreage or lots.

After discussion, the Board responded to Mr. Havill's question that the charge is five dollars ($5.00) per lot or parcel regardless of size.

Mr. Havill, referring to the Ocala Forest and State Parks,

questioned if State and Federal lands are to be accessed ten cents ($.10) per acre, and stated it was his understanding that only the School Board properties were exempt.

Ms. Lustgarten clarified that federal lands, community colleges, and school board lands are exempt.

Mr. Havill questioned if tax bills are to be sent to the Federal Government for privately owned cabins on government land in the forest, with the government acting as the collection agent, and the same applying to the privately owned hangers at the City of Leesburg Airport.

After discussion, the Board responded to Mr. Havill's questions that, based on the law, the privately owned cabins on government land are not subject to a fire tax, because they are tangible property. In response to the question regarding the privately owned hangers, it was the Board's decision that the privately owned hangers are not exempt and tax bills are to be sent to the City of Leesburg with a list of those people who own hangers, with the City of Leesburg acting as collection agent.

Mr. Havill, referring to the 1984 rule on travel parks, which requires the parks to assess a fire tax on each occupant of the occupied lots and assess fire tax on forty percent of the unoccupied lots, questioned if he was to continue to use the forty percent to assess the travel parks and bill the total to the park owners.

Mr. Steve Richey, Attorney and representing several Recreational Vehicle Parks, appeared before the Board and stated that there are three types of Recreational Vehicle parks in Lake County. He stated these three types consist of the "snowbird" parks, with people living in them for up to six months; membership camps, which allows a maximum of a two week stay with no permanent residents; and the traveling park campgrounds. He further stated that the membership campgrounds should be treated differently than the "snowbird" parks and the traveling park campgrounds, because there are "zero" people staying longer than two weeks.

Commr. Swartz suggested that staff schedule a meeting with Mr. Richey and Mr. Havill for the purpose of reviewing this issue and Mr. Richey's concerns.

Mr. Havill stated that he would like verification that the ballot says improved commercial, industrial and institutional structures shall not exceed six cents ($.06) a square foot, and the minimum assessments will be thirty-five ($35.00) dollars. He stated that they have been accessing the first fifty thousand (50,000) square feet of commercial, industrial and institutional buildings at six ($.06) cents a square foot for fire, the second fifty thousand (50,000) at four ($.04) cents, and the remainder at two ($.02) cents. Mr. Havill asked for direction from the Board regarding this issue.

Commr. Swartz stated that the Board's motion was that the maximum amounts approved for improved commercial, industrial and institutional structures would be six ($.06) cents, with a minimum assessment of thirty-five ($35.00) dollars.

ACCOUNTS ALLOWED/RIGHTS-OF-WAY, ROADS AND EASEMENTS

MUNICIPALITIES

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried, the Board approved the request to proceed with a Mandatory Special Assessment on Wayne Road, in Fruitland Park, at an estimated cost of $33,000.00.

Commr. Bakich was not present for the vote.

BIDS/PUBLIC WORKS

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved to accept staff's request to declare the Tangerine Clay Pit as surplus property and to advertise for bids.

Commr. Bakich was not present for the vote.

COUNTY ATTORNEY'S BUSINESS

COUNTY ATTORNEY/LANDFILLS

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present a request from the City of Tavares asking Lake County to join in the City of Tavares' request for an Attorney General's Opinion on solid waste fees charged to the City by the County.

Ms. Lustgarten stated that it is her recommendation that it would be of no benefit to the County to participate in a joint request to the Attorney General.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the recommendation of the County Attorney not to participate in a joint request for an Attorney General's opinion on the issue of solid waste fees charged to the City of Tavares by Lake County.

Commr. Swartz voted "No".

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

COMMISSIONER'S BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. Michael Jasenas to the Lake County Library Board as the Tavares representative.

Commr. Bakich was not present for the vote.

ACCOUNTS ALLOWED

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

Commr. Bakich was not present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:15 p.m.

_______________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

_____________________________

JAMES C. WATKINS, CLERK

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