The Lake County Board of County Commissioners met in regular session on Tuesday, November 5, 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: Don Bailey, Chairman; Richard Swartz; Catherine Hanson; C. W. "Chick" Gregg; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Toni M. Riggs, Deputy Clerk.

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

MINUTES

Discussion occurred regarding the Minutes of July 11, 1991, Special Meeting (Solid Waste/Fire Rescue), with the following changes being made:

Page 1, Line 20: Correct "requested" to "invited".

Page 4, Line 4: Correct to read "rather than a no-burn

scenario".

Page 27, Line 4: Correct to read "Bud Ward".

Line 28: Correct "fire tax" to "disposal".

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of July 11, 1991, Special Meeting, as corrected.

Discussion occurred regarding the Minutes of September 10, 1991, Regular Meeting, with the following changes being made:

Page 20, Line 16: Change to read "...County run more

efficiently,..."

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of September 10, 1991, as amended.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 16, 1991, Special Meeting (City of Lady Lake), as presented.

Discussion occurred regarding the Minutes of September 17, 1991, Regular Meeting, with Commr. Hanson expressing her gratification to the department heads that worked on the budget.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of September 17, 1991, Regular Meeting, as presented.

Discussion occurred regarding the Minutes of September 17, 1991, Special Meeting (Final Budget Adoption), with the following clarification being made by Ms. Annette Star Lustgarten, County Attorney:

Page 8, Lines 27-28: "...resolution (No. 1991-149) adopting a final countywide millage rate of 4.938 mills for Fiscal Year 1991-92, and providing for adoption of a final millage rate of 4.0 mills for the "Greater Hills Municipal Service Taxing Unit", as read in full."

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of September 17, 1991, Special Meeting (Final Budget Adoption), as amended.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

At this time, Commr. Bailey presented the following awards and plaques, as Ms. Le Koranteng, Personnel Assistant, provided information on each individual:

Presentation of plaques to employees with five and ten years of service

Five Years of Service

Mark S. Beaudet - Corrections Sergeant, Corrections

Norman P. Beserock - Permitting Technician, Building & Code Enforcement

Richard A. Colson - Corrections Officer, Corrections

Brian D. Evans - Corrections Officer, Corrections

Rudolph Handy - Maintenance Worker I, Parks Maintenance

Charles A. Homuth - Corrections Officer, Corrections

Reginald I. Irvin - Corrections Officer, Corrections

James Lane - Maintenance Worker I, Parks Maintenance

Thomas Mitchell - Fire Lieutenant, Fire Suppression

Carl Stanley Rice - Assistant Solid Waste Disposal Operations Manager, Solid Waste Disposal Operations

Sarah J. Stallard - Right-of-Way Agent, Engineering

Edward C. Watson - Bailiff Sergeant, Bailiffs

Kenneth Zimmerman - Corrections Officer, Corrections

Ten Years of Service

Merilyn Chiariello - Clerical Assistant III, Maintenance Shop

Gregory J. Flynn - Corrections Lieutenant, Corrections

Presentation of Employee of the Month Plaque and Savings Bond

Eric Cotsenmoyer - Director of Mosquito & Aquatic Plant Management Division of Environmental Services Department was selected employee of the month for November, 1991.

Presentation of Plaque to Arthur Carter, previously employed as an Animal Control Officer

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Payment of Warrant #141935 through Warrant #142604, for the following accounts:

General Revenue Section 8

County Fire Control Fund County Transportation Trust

Mosquito Control Mt. Plymouth Fire District

Private Industry Council Landfills

Countywide Library Aquatic Weed

Animal Shelter Trust Fund Paisley Fire District

Road Impact Countywide Fire District

South Lake Fire District Resort & Development Fund Tax

Emergency 911 Fund Bassville Fire District

Capital Outlay Miscellaneous/Gas Fund

Pasco Fire District Northwest Fire District

Law Library Commissary Trust Fund

Accounts Allowed/Courts-Judges

Satisfaction and Release made by Lake County as Judgment-Creditor, in favor of William L. Gilmore and Virginia L. Gilmore, In the amount of $113.65.

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case no. 83-745-TT-54, Jeffery Midgette, in the amount of $250.00.

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case No. 91-788 and 824 and 918-CJ, Michelle L. Carness, and Renee Benoit, in the amount of $50.00.

Accounts Allowed/Courts-Judges

Satisfaction and Release of Fine, between Lake County as Judgment-Creditor, and Dick Kinsey, Donna J. Kinsey a/k/a Donna J. Bauer, in the amount of $346.07.

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case No. 89-1024CFA DB, Ada B. Clark, in the amount of $250.00.

CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/PROPERTY APPRAISER/REPORTS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board acknowledged receipt of Mr. Ed Havill, Property Appraiser's Preliminary Annual Report on Excess Fees, in the amount of $8,471.64.

ACCOUNTS ALLOWED/CLERK/REPORTS

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board acknowledged receipt of Mr. James C. Watkins, Clerk's Preliminary Annual Report on Excess Fees, in the amount of $242,862.00, and also unspent budget monies, in the amount of $220,314.00, for a total amount of $463,176.00.

ACCOUNTS ALLOWED/TAX COLLECTOR/REPORTS

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board acknowledged receipt of T. Keith Hall, Tax Collector's Preliminary Annual Report on Excess Fees, in the amount of $679,307.06.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT/REPORTS

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board acknowledged receipt of George E. Knupp, Jr., Sheriff's Preliminary Annual Report on Excess Fees, in the amount of $161,047.91.

COUNTY PROPERTY/MUNICIPALITIES

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved to declare items as surplus

property, delete from fixed assets, and approve the transfer of items to the City of Eustis and Astatula.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Bakich requested that Tab 7 be pulled for discussion, and Commr. Hanson requested that Tab 8 be pulled for discussion.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved Tabs 9-21, for the following requests:

Administrative Services/Budget

County Employees

Request approval of certificates to employees with one and three years of service.

Contracts, Leases & Agreements/Insurance

Request approval to renew contract with Gallagher Bassett Services, Inc. for claims administration Services to Comprehensive Self-Insurance Plan.

Health & General Services

Resolutions/Veterans Service

Request adoption of a Resolution to proclaim November 11-15, 1991, as "EMPLOY THE VETERAN WEEK", as a symbol of appreciation to our veterans for all the sacrifices they have made for our country and Lake County.

Contracts, Leases & Agreements/County Property/Public Health

Request approval to encumber and expend funds and approval for the Lease Agreement and First Amendment to Lease Agreement between Lake County and Frederick C. Belton relating to rental property at 124 Sinclair Avenue, Tavares, Florida. Property is occupied by Environmental Health.

Grants/Reports/Department of Corrections

Request signature on the Certification of Acceptance of Subgrant Award for the DARE and Genesis grants; also, signature on a delegation of authority letter enabling Tom Neumayer the authority to approve all fiscal and quarterly reports required by the subgrant for the Genesis program.

Planning and Development

Rights-of-Way, Roads & Easements

Request to accept the following non-exclusive easements for:

Large Lot Waiver:

1. John Antony/Suabi Ramnarain - District 2

2. Ronald Sims - District 2

3. Gerald Eulett - District 3

4. WPB Properties - District 4

5. Jonnie Hale/Kyle Havill - District 4

Bonds - Mobile Home

Request to cancel the following mobile home bonds:

John Cashwell - S. Clermont area - District 3

David Warren - S. Clermont area - District 3

Public Works

Resolutions/Roads-County & State

Request to execute a resolution accepting #1-5910 Crescent Drive into the County Road Maintenance System.

Assessments/Resolutions/Road Projects

Request to execute a resolution accepting the roads paved under Special Assessment No. SA-69, Ocala Forest Campsites No. 4 (Shockley Heights), into the County Road Maintenance System and to execute a resolution to make necessary corrections to the Project No. SA-69, Ocala Forest Campsites No. 4 (Shockley Heights), assessment roll. (District 4)

1. #5-9079 Hibiscus Road "Part"

2. #5-9079A Jasmine Road

3. #5-9079B Rose Road

4. #5-9079C Magnolia Road

5. #5-9079D Carnation Road

6. #5-9079E Gardenia Road

7. #5-9079F Camellia Road

8. #5-9079G Azalea Road

9. #5-9079H Poinsettia Road

Roads-County & State/Public Works

Request to accept Maintenance Map on a portion of C-437.

Roads-County & State/Public Works

Request to accept Maintenance Map on 3-3356 Lenze Drive, a portion of 3-3358 Shirley Shores Road, and 3-3561 East Shirley Shores Road.

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

Request to accept the following deeds:

STATUTORY WARRANTY DEEDS

For Road Projects:

Leonard F. Davidson and Yvonne L. Davidson, Round Lake Road, #4-4183

For Lot Approval:

West-Lake Groves Partnership, Pine Island Road, C-565B

John J. Anthony, N. Cherry Lake Groves Road, #2-2024

Ibaus Corporation, N. Cherry Lake Groves Road, #2-2024

NON-EXCLUSIVE EASEMENT DEEDS

For Vacation Petition No. 666

Zoltan A. Antony and John J. Antony

Assessments/Resolutions/Road Projects

Request to execute a resolution to make necessary corrections to the Project No. SA-67, Mt. Plymouth II assessment roll.

ADMINISTRATIVE SERVICES/BUDGET

Commr. Bakich discussed Tab 7 regarding several items listed under specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes. The first item discussed was Page 14, #26, Environmental Services - Solid Waste, and Dickey Scales, Inc. being the only vendor responding with a bid. Commr. Bakich stated that previous discussion had occurred with the Board regarding some type of committee, or individual, reviewing the entire computer system, in order to make sure that all equipment is compatible.

Mr. Mike Anderson, Interim County Manager, stated that staff has offered its in-house expertise, along with quotes being solicited from consultants that could provide this type of service. He stated that, after considering this alternative, it appears that the equivalent cost per hour for the consultant service would be more than if the County hired someone outside for less cost for this type of consultant work. At this time, he explained that there are different needs in each department, because of their uniqueness. Mr. Anderson stated that he was not in the position to make a recommendation, at this time.

Commr. Swartz questioned the warranty on the equipment, with Mr. Don Findell, Director of Environmental Services explaining the negotiating with Dickey Scales Inc., and the necessity of the proposed expense.

Commr. Bakich discussed Page 15-16, #2, 3, and 6, and stated that he feels the maintenance agreements are a considerable expense to the County, and requested that staff review this issue, and come back with recommendations. At this time, Commr. Bakich suggested that the Board postpone action of the approval of the proposed maintenance agreements.

Mr. Anderson informed the Board that the prices were solicited for this type of service, which staff feels are appropriate for now, but that staff will continue to pursue other options in obtaining the best maintenance and consulting services, at the best possible price, for the computer equipment.

Commr. Bailey questioned Page 3, #3, Vermeer Southeast Sales, with Mr. Jim Stivender, Director of Public Works, presenting an explanation. .

Commr. Gregg had questioned Page 15, #1, Bell South Mobility, indicating a zero amount, with Ms. Ava Kronz, Assistant to the County Manager, explaining that this is a credit application for the Chairman's signature.

Commr. Gregg cautioned staff on the costs and needs for cellular phones.

Commr. Hanson questioned Page 13, #21, Ogden Martin Systems, and the amount of $5,638,612.00, with Mr. Findell explaining that this is an established service fee projection, which allows payment of bills as they are submitted.

A motion was made by Commr. Bakich, and seconded by Commr. Hanson, to approve the specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows.

Under discussion, Commr. Bakich urged staff to move forward to try and rectify the costs on the maintenance agreements, and on the computer hardware and software.

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

ADMINISTRATIVE SERVICES/BUDGET

ACCOUNTS ALLOWED/GRANTS/RESOLUTIONS/TAX COLLECTOR/CLERK

Commr. Hanson questioned Tab 8, regarding proposed budget transactions, and stated her concerns with using Contingency funds for the under budgeting for Communications.

Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, appeared before the Board and presented an explanation for the underbudgeting.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried, (with Commr. Gregg not being present for the vote), the Board approved the request of the following budget transactions:

a. Transfer of funds in various Departments, as follows:

1. Fund: County Transportation Trust

Department: Public Works

Division: Special Services/Operations

From: Contingency $5,875

To: Operating Expenses $5,875

Transfer #: 92-0006

2. Fund: County Transportation Trust

Department: Public Works

Division: Road Operations/Maintenance

From: Contingency $8,540

To: Operating Expenses $8,540

Transfer #: 92-0007

3. Fund: County Transportation Trust

Department: Public Works

Division: Engineering/Operations

From: Contingency $2,500

To: Operating Expenses $2,500

Transfer #: 92-0008

4. Fund: General Fund

Department: Health & General Services

From: Grants & Aid/Social Services $117,049

To: Grants & Aid/Health Services $117,049

Transfer #: 92-0005

b. Resolution to amend the Transportation Trust fund to increase the total budget by $32,000 due to unanticipated revenue in the form of grant funds received from the Florida Department of Transportation for bicycle/pedestrian coordinator.

c. Approval of monthly payments, in the amount of $66,317.66 to the Tax Collector.

d. Request from the Clerk's Office for blanket purchase order for Postage - Fiscal Year 1991/92 - $120,000.

Supplemental Agenda request, as follows:

1. Fund: Sales Tax Bond Construction

Department: Capital Improvements

Division: New Courthouse Project

From: Construction Reserve $300,000.00

To: Capital Outlay $300,000.00

Transfer #: 92-0009

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES/BUDGET/BONDS

Mr. Mike Anderson, Interim County Manager, introduced to the Board Ms. Lavon P. Wisher, Managing Director, Public Financial Management, Inc. (PFM), who appeared before the Board to discuss the report by Public Financial Management on the possibility of advance refunding the Lake County Sales Tax Revenue Bonds, Series 1987, and proposals submitted by A. G. Edwards & Sons, Inc. and Paine Webber.

Ms. Wisher began by stating that, in 1987, Lake County bonded its one-cent infrastructure sales tax for a period of fifteen (15) years. Approximately six months ago, PFM placed the debt service reserve fund with a surety, and placed an additional revenue of first guarantee entitlement. At the request of the County, approximately ten (10) days ago, PFM analyzed the savings that would be of benefit to Lake County, if the County was to refund these funds, due to the fact of being in the lowest interest rate mode than over the past nine years. She stated that the County has also received a couple of proposals from different underwriters, who have different scenarios. She further stated that, included in the report by PFM is an analysis of those scenarios. At this time, Ms. Wisher discussed what was found in the analysis; the different scenarios that are open for the Board's consideration; and the advantages and disadvantages of advance refunding the bond issue.

Ms. Wisher stated that, if the Board approves the refunding, she recommended that the County's financial advisor and staff be authorized to lock in the fees, and suggested that, if the Board concurs with the recommendations, it should have the right of review prior to sale.

Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, appeared before the Board and stated that she feels the Board should follow through with the County financial

team of underwriters, attorneys, and financial advisor, because, if it does not, underwriters will continue to come to the County with proposals.

Commr. Gregg recognized Mr. Jim Gollahon, A. G. Edwards & Sons, Inc., and the proposal which they submitted, and the fact that they are on the financial team, but stated that he feels there had been a lot of staff effort in the selection of the current team, and the County should continue with it.

After some discussion, it was the consensus of the Board that it should continue with its current financial team.

Mr. Jim Gollahon, A. G. Edwards & Sons, Inc., requested that he be heard by the Board.

Commr. Swartz stated that he supported the statements made by Commr. Gregg, as far as continuing with the current financial team.

At this time, the Board indicated that it had no problem with allowing Mr. Gollahon to speak.

Mr. Gollahon appeared before the Board to discuss some misunderstandings that had occurred, and requested that A. G. Edwards & Sons, Inc. be considered as Senior Manager of this project. He stated that they came into the County as a team with Pain Webber, with Pain Webber being the Senior Manager on the incinerator.

Mr. Gollahon stated that he feels it is to the County's best interest to encourage firms to come forward to save the County money.

Commr. Hanson stated that she is concerned with the County not rewarding the aggressiveness of other firms that are coming forward with new financial ideas, and with the Board being satisfied with the current team and what has already been proposed.

Commr. Gregg made a motion, which was seconded by Commr. Bakich, to proceed with the recommendations presented by PFM and staff, and to proceed with the closing while the rates are favorable.

Under discussion, Mr. Anderson questioned the adoption of the level of three (3%) savings.

Ms. Wisher stated that the percentage was recommended in the report, but that, after discussion with the Board, she would be returning to the Board to review the market.

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

COUNTY MANAGER/PERSONNEL

Ms. Lois Martin, Director of Personnel, appeared before the Board to discuss the request to approve the selection process for the County Manager's position, and the request for authorization of payment and/or reimbursement of any reasonable expenses associated with the interview process. At this time, she reviewed the proposed selection process with the Board.

Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, was present to discuss the selection process.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the selection process for the County Manager's position, and authorization of payment and/or reimbursement of any reasonable expenses associated with the interview process.

Ms. Martin stated that, for the Board's information, she has supplied each member with a memorandum with the estimated time frame for the selection of a County Manager, which will be March, 1992.

Mr. Anderson stated that, for a point of clarification, the source of funding for the reimbursement of expenses needs to be identified, with Ms. Martin stating that a request for funding has been submitted to Ms. Anderson for review, and she will be bringing back the necessary information, at a later date.

COMMITTEES/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Mike Anderson, Interim County Manager, discussed the selection of the negotiating team, with regard to the Ogden-Martin

contract/agreement, and with staff recommending who should serve on the committee, and establishing the objectives of the committee.

Ms. Annette Star Lustgarten, County Attorney, stated that she was directed to prepare a Request for Proposal (RFP), which was sent to three firms of this particular expertise. She stated that the resumes received were made available to the members of the Board. Ms. Lustgarten stated that she consulted with the bond council, with their recommendation being Winston & Strawn, based on their extensive Florida experience, and their prior experience with Ogden Martin.

Commr. Bailey stated that he would like to the Board to meet with Ogden Martin and the complete financial team, in order to set ground rules, to form an agenda, and to determine the end results that the Board wants from Ogden Martin. Commr. Bailey further stated that he is still reluctant to form a committee, because he feels the Board will eventually have to make the final decision.

Commr. Bakich discussed the advantage of the committee, which would be to save time in negotiating, and that, should the Board go with Commr. Bailey's recommendation, he felt that outside expertise and knowledge is still needed to assist the Board.

Commr. Gregg stated that it would not be realistic to have this Board negotiate with Ogden Martin, and agreed with Ms. Lustgarten that outside council ought to be a voting member of the proposed committee, with five members, including Public Financial Management, Inc. (PFM).

Discussion occurred regarding a reasonable goal, or objective, of the Board, in relation to this issue.

Commr. Swartz stated that it is absolutely essential that the Board does not contrive to lower the tipping fee, by possibly moving some of Ogden Martin's equity payments forward, which would tend to lower them in a current year, but will cause them to be higher in a later year. Commr. Swartz stated that the Board will eventually have to make the final decision. He stated that he feels the Board has the ability to tell Ogden Martin a definite fee for them to negotiate, or to indicate to the negotiating team to go forward and negotiate the best deal, with the understanding that the Board may not be willing to accept it, and will take other action.

Commr. Bakich indicated that he has a problem with picking a definite amount to negotiate, because there is no justification for it.

Commr. Gregg stated that he agreed with not presenting a definite fee to the negotiating team, and instead requesting that the team try and reduce the $40.00 tipping fee today, but not at the total expense of tomorrow, with the Board making the final decision.

Commr. Hanson stated that she feels the $40.00 tipping fee is obtainable and justifiable, if the County knew it was going to stay at $40.00. She stated that PFM should be kept on the committee, in order to eliminate long range concerns, and that the attorney, and any other expertise, should be on the committee to look out for the County's best interest. She further stated that she would prefer the team negotiate with Ogden Martin instead of the Board, because of the needed expertise.

Discussion occurred regarding the Board members' concerns with mandatory collection.

Commr. Swartz suggested that the goal should be to give the negotiator the objective to move forward to negotiate with Ogden Martin for the very lowest possible rate, and for the Board to send the necessary experts to negotiate with Ogden Martin. He stated that he did not feel that any other group, or committee, needed to negotiate with them. He further stated that, once the negotiating team and the experts, and PFM and staff, present the best deal, the Board will then make the final decision.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to establish the broad goal in negotiating with Ogden Martin, to achieve the very lowest solid waste disposal cost associated with the contract with Ogden Martin,

and those related costs which fall into the County's solid waste disposal system, and that the firm of Winston and Straughn be selected as the lead negotiating team, that they will be able to draw upon the resources of the financial manager, and other consultants to the County, or staff, as necessary, to provide them with needed information, and to conduct those negotiations as expeditiously as possible, and to come back to the Board with the results.

Discussion occurred regarding mandatory collection, with Ms. Annette Star Lustgarten, County Attorney, explaining that next week, there will be a request for authorization to advertise a resolution expressing the County Commissioners intent to use the non-ad valorem assessment, as the County is doing for fire assessment, for solid waste disposal. She explained the time frame involved and stated that, once it is advertised and approved, it will be sent to the Property Appraiser and the Tax Collector to put them on notice of the intent to use this method. At this time, she further explained the necessary public hearings to adopt a non-ad valorem assessment for solid waste disposal. This will also require an agreement with the Property Appraiser, which would be at his discretion.

Commr. Gregg requested that, between now and the public hearing, the County arrive at a better means for billing and collecting the fees. He further suggested sending out a Request For Proposal (RFP) to bring in people who are interested in contracting with the County to handle the billing and collection side of this issue.

Commr. Swartz discussed a memorandum received from Mr. Ed Havill, Property Appraiser, indicating that he would not be willing to administer non-ad valorem assessments relative to those that would be approved through ordinance and public hearing, as opposed to those that would be approved by referendum. He requested that, if the Property Appraiser will not be involved in the administra- tion of a non-ad valorem assessment, unless it goes through a referendum, the Board should consider going back to a system of necessity that the Board will have to be involved in providing the information to the Tax Collector, or to consider putting a referendum item on the March presidential preference primary.

Commr. Gregg stated that, if the referendum is voted down, the problems and concerns of the cities will still exist.

RESOLUTIONS/POLLUTION CONTROL/ENVIRONMENTAL SERVICES

PLANNING & DEVELOPMENT/HEALTH & GENERAL SERVICES

Mr. Mike Anderson, Interim County Manager, discussed the request for approval of a resolution adopting a Schedule of Fees for services provided by the Pollution Control Division of the Department of Environmental Services, Department of Planning and Development, and the Department of Health and General Services.

Mr. Don Findell, Director of Environmental Services, appeared before the Board to answer questions.

PUBLIC HEARINGS/TIMES CERTAIN

ORDINANCES/SUBDIVISIONS/CONTRACTS, LEASES & AGREEMENTS

At 11:00 a.m., the Chairman announced that the advertised time had arrived for the discussion on Sylvan Shores Park.

Mr. Jim Stivender, Director of Public Works, and Mr. Chuck Pula, Parks and Facilities Division Director, were present to discuss the proposed ordinance regulating Sylvan Shores Park, and a ten (10) year maintenance agreement of the park.

Mr. Pula stated that a concern was expressed by the Sylvan Shores Association, Inc. regarding the liability of the park, should someone be injured, or drowned in the lake.

Ms. Annette Star Lustgarten, County Attorney, stated that this is a County owned park, and the proposed agreement is for maintenance. At this time, she discussed the County's liability, should someone be injured at the park. Ms. Lustgarten stated that the Board would only be authorizing the advertising of the proposed ordinance.

Ms. Pat Kuhn appeared before the Board and stated that the concern with the Association is the liability, which the Association has been paying each year, in the amount of $660.00.

Ms. Lustgarten stated that the new agreement releases the Association of the liability, and that the County will assume this liability. She explained that this is an unusual burden that the County will be carrying.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the advertising of an ordinance concerning the regulation and use of Sylvan Shores Park.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved to enter into a ten (10) year maintenance agreement for maintenance of Sylvan Shores Park, with the Sylvan Shores Association, Inc.

RECESS & REASSEMBLY

At 11:15 a.m., the Chairman announced that the Board would recess for five minutes.

RESOLUTIONS/POLLUTION CONTROL/ENVIRONMENTAL SERVICES

PLANNING & DEVELOPMENT/HEALTH & GENERAL SERVICES (CONT.)

Discussion continued regarding the proposed resolution adopting a Schedule of Fees for services.

Mr. Don Findell, Director of Environmental Services, informed the Board that the only new fee in his division was a $25.00 fee for review of revised boatdock/seawall plans. He further stated that the schedule has no increases for his division.

Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, appeared before the Board and stated that the proposed Schedule will not project the same revenue.

Ms. Lisa Ford, Budget Office, appeared before the Board and stated that the Schedule is based on a user fee revenue, and, if the Board continues with last year's schedule, the County will have a deficit of $191,000.00, in the Environmental Services Department.

Ms. Anderson discussed the issue of the County proceeding with the contract with the City of Orlando concerning Conserve II, which will produce revenue, in the amount of $50,000.00, with no off-setting costs.

Discussion continued with Mr. John Swanson, Director of Planning and Development, Ms. Anderson, Ms. Ford, and Mr. Anderson presenting complete explanations of the proposed fees and projections.

Commr. Gregg stated that the user fees should be based on full capacity of the department, basing them on what is fair and equitable, and not on just what it takes to operate the department.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, on Page 2, Line 5, the effective date of October 1, 1991, should be changed to read "effective upon adoption".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the amendment, as stated by Ms. Lustgarten.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board adopted the resolution regarding the schedule of fees for services by the Pollution Control Division of the Department of Environmental Services, Department of Planning and Development and Department of Health and General Services.

Commr. Swartz voted "no".

ENVIRONMENTAL SERVICES

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

LANDFILLS

Mr. Don Findell, Director of Environmental Services, was present to discuss this request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request from Solid and Hazardous Waste Management Division for authorization to amend the Phoenix Construction Services, Inc. agreement for Umatilla Sanitary Landfill Closure by $18,130.00 (reduction in contract amount), a portion of which will pay for additional services performed by our consultants, Post, Buckley, Schuh & Jernigan, Inc. and Ardaman & Associates, Inc. during the construction of this work.

STATE AGENCIES/LANDFILLS/CONTRACTS, LEASES & AGREEMENTS

Mr. Don Findell, Director of Environmental Services, appeared before the Board to report on the meeting held with the Department of Environmental Regulation (DER), which dealt with landfill mining. Mr. Findell stated that DER does not have any specific problems with landfill mining, but it does have some reservations. He stated that DER does not conceptually object to revising the Consent Order, but would like the County to remain within the time frame, which states that the County has to have a new landfill cell line by December, 1993. A permit application will need to be supplied to them by December 12, 1991, but Mr. Findell stated that DER does not have a problem waiving the permit application through an amendment.

Mr. Findell stated that, if the County wants to proceed with the above, proposed amendments need to be made to the Consent Order, and the contract with Post, Buckley, Schuh & Jernigan (PBSJ) will need to be amended, so that a geotechnical analysis is performed, and the necessary permitting is made for Astatula II, and a landfill waste characterization study of the landfill is performed.

Ms. Carolyn Carter questioned Mr. Findell as to what the contamination is that actually exists at the mining field, and the costs involved to insure the safety and welfare of those individuals mining the fields.

Mr. Findell stated that DER is in the position to respond to a contamination assessment and report that has been submitted by the County. At this time, Mr. Findell discussed the contamination that presently exists.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to amend the contract with Post, Buckley, Schuh & Jernigan (PBS&J), and the Consent Order, as discussed above.

HEALTH & GENERAL SERVICES/GRANTS

Ms. Kathy McDonald, Interim Director for Health and General Services, appeared before the Board to discuss a request from the Florida Association of Search Teams and Emergency Rescue (F.A.S.T.E.R.), for a $100.00 donation from the Emergency Medical Services (EMS) County Grant Program. She stated that staff feels that this is not an authorized activity, or use of these funds, because of strict guidelines that limit these funds to pre-hospital emergency medical care.

On a motion by Commr. Bakich, seconded by Commr. Swartz, and carried unanimously, the Board denied the request to approve a $100.00 donation to F.A.S.T.E.R., as discussed above. It was noted that a letter would be sent in response to the request.

PLANNING & DEVELOPMENT

ACCOUNTS ALLOWED/BIDS/AUDITS/CONTRACTS, LEASES & AGREEMENTS

ROADS-COUNTY & STATE/COMMITTEES

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss this request.

Commr. Bakich made a motion, which was seconded by Commr. Gregg, to approve the request for authorization to go out for bid on an environmental audit; and to approve to develop an amendment to the Land Planning Contract to amend the scope of work to include the permitting process and infrastructure requirements, and to proceed with a traffic study and revision of O'Brien Road; and to encumber and expend funds, in the amount of $96,282.50, from the Tourist Development Council funds, with said funds to be reimbursed on a pro rata basis, at such time as the property is sold.

Under discussion, Ms. Annette Star Lustgarten, County Attorney, explained the reason for the environmental audit.

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

CONTRACTS, LEASES & AGREEMENTS/COMMITTEES

Mr. John Swanson was present to discuss the request to execute an Agreement, for the Chairman's signature, between Lake County and the Economic Development Commission of Mid-Florida, Inc.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that changes had been made to incorporate necessary language into the contract, and that the comments presented by Ms. Barbara Lehman, Internal Auditor, had been adequately addressed.

Commr. Hanson stated that she had attended the Rural Economic Development Conference in Ocala, and that she has met with Mr. Marc Oliveri, Economic Development Commission of Mid-Florida, about the State willing to send people from the Department of Commerce, Department of Community Affairs, and Department of Transportation, to assist in determining what is available at the local level, and whether or not industry is being encouraged to come into the State of Florida, and whether or not it is being encouraged at the local level.

Commr. Gregg stated that the possibilities, at the local level, are limited, because of funding in the amount of $100,000.00. At this time, he praised Mr. Rick Tesch, President of the Economic Development Commission, and Mr. Roy Harris, for their professionalism, and accomplishments, and for their association with economic development.

Mr. Swanson stated that he met with Mr. Tesch and Mr. Oliveri, and that the comments made by Commr. Hanson are being addressed.

Commr. Gregg made a motion, that was seconded by Commr. Hanson, to approve the request to execute an Agreement, for the Chairman's signature, between Lake County and the Economic Development Commission of Mid-Florida, Inc.

Under discussion, Commr. Swartz suggested that the Board be presented with a periodic report on the status of development that is being proposed.

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

CONTRACTS, LEASES & AGREEMENTS/EDUCATION

Ms. Annette Star Lustgarten, County Attorney, addressed the proposed Interlocal Agreement with the School Board for Impact Fees, and stated that some of the changes requested by the School Board have been incorporated into the agreement, and that there are two items that she and staff have incorporated into the agreement. She stated that she and staff need direction from the Board, on the following, as far as a policy.

Section 3, County Obligations, subsection (A)(3), County

Administrative Fees, provides for one per cent (1%) retention

by the County of the monthly funds collected to pay for the

County costs of administering the School Impact Fee Program.

Subsection (A)(4), Retention for Refunds, provides for a

ten percent (10%) retention by the County of the monthly

funds collected to provide for anticipated refunds of fees

as provided for in Section 16, of Ordinance 1991-8, for

canceled building permits or expired building permits.

Ms. Lustgarten advised the Board that Mr. Jim Schuster, Finance Director, had requested that additional language be added that requires the School Board to keep complete and accurate records, which she will incorporate into the agreement.

Mr. Gene Molnar, Representative of the Lake County School Board, appeared before the Board and stated that it was understood that the School Board must have an audit trail, and the records must be maintained. He stated that the School Board did not feel that the one per cent (1%) retention was necessary, if the School Board maintains the records and makes the refunds.

Commr. Swartz discussed the interlocal agreements with the cities, and stated that the agreement gives the cities three per cent (3%) for the building fees that they collect, with Ms. Lustgarten clarifying that the County will not retain the same for its building process.

COMMISSIONERS

At 12 noon, Commr. Hanson excused herself from the morning session, due to a prior commitment.

CONTRACTS, LEASES & AGREEMENTS/EDUCATION (CONT.)

Commr. Gregg suggested that the interlocal agreement include a provision that, should any refunds be made, the School Board will be obligated to refund the funds to the County, so that the County can make those refunds.

Ms. Lustgarten stated that the language will be changed in the refund portion to indicate that an invoice will be sent to the School Board monthly, with the one per cent (1%) being left in the agreement for the cost of administering the fee.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Interlocal Agreement with the School Board for Impact Fees, including the change to the retention of refunds, and adding language that the School Board will retain the necessary records.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, was present to discuss the request for approval of an agreement between Lake County and John Wall relating to the issuance of a temporary certificate of occupancy while a variance application is pending.

Ms. Annette Star Lustgarten, County Attorney, informed the Board of one change in the agreement, on Page 4, Paragraph 6, where the recordation requirement will be removed.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request, with the amendment, as stated above.

PUBLIC WORKS

RESOLUTIONS/MUNICIPALITIES/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, was present to discuss this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for a Resolution transferring maintenance of Gadson Street (#2-1419) from SR 50 to Parkwood Avenue (#2-1320) and Parkwood Avenue (#2-1320) from Gadson Street (#2-1419), to the City of Groveland.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, was present to discuss this request with the Board.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request to declare an emergency to remove and replace a 48" pipe crossing on #4-4298 Wekiva River Road by Superior Asphalt Company, Inc., at a cost of $5,550.00. (Commr. District 4).

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, was present to discuss this request.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for Pipe Replacement on #4-4298 Wekiva River Road, Project No. 6-92, at an estimated cost of $12,000.00. (Commr. District 4).

ACCOUNTS ALLOWED/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, was present to discuss this request with the Board.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request to award and authorize Project No. 3-92, Picciola Cutoff Widening and Resurfacing Lump sum Construction, to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $99,220.00, low bid.

ACCOUNTS ALLOWED/COURTS-JUDGES

Mr. Mike Anderson, Interim County Manager, stated that Ms. Eleanor Anderson, Director of Administrative Services/Budget, had a supplemental agenda item to bring before the Board.

Ms. Anderson appeared before the Board to discuss a request to transfer $50,000.00 for Court Reporter Services.

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

Fund: General

Department: Judicial Support

Division: Court System

From: Court Fees & Costs $50,000.00

To: Court Report Services $50,000.00

Transfer #: 92-0010

COUNTY ATTORNEY MATTERS

Ms. Annette Star Lustgarten, County Attorney, informed the Board that she had no matters to bring before the Board today.

COMMISSIONER BUSINESS

ACCOUNTS ALLOWED

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

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Mr. Buddy Oswalt to the County Manager Selection Committee, to replace Mr. Claude Smoak, who would not be able to attend.

PLANNING & DEVELOPMENT/SUBDIVISIONS

Commr. Bakich stated that he had a request from Mr. Steve Richey regarding the completion of platting and use of septic tanks in the Shangri-la Estates Mobile Home Park. He stated that discussion had occurred with the developer to go back and see if there was a possibility of hooking up the eight additional lots to a central sewage system.

Mr. Steve Richey, Attorney representing Shangri-la Estates, appeared before the Board and stated that, because of requirements and limitations of capacity, it would be impractical from a physical point of view, and impractical from a financial point of view, to proceed in this direction. He stated he met with staff to discuss concerns.

Commr. Bakich made a motion, which was seconded by Commr. Gregg, to approve the request for the completion of the platting and the use of septic tanks in the Shangri-la Estates Mobile Home Park, with the conditions placed on this project by County staff.

Under discussion, Commr. Swartz questioned the nature of the soils at this site, with staff being present to provide the necessary information.

The Chairman called for a vote on the motion, with the vote being carried 3-1, with Commr. Swartz voting "no", and Commr. Hanson not being present for the vote.

COMMISSIONERS/ELECTIONS/MUNICIPALITIES

Commr. Bakich discussed the district lines, and requested clarification as to the lines that are presently being followed by Board members and staff.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County staff, and others, are to be using the newly established lines.

Mr. Mike Anderson, Interim County Manager, stated that Mr. Jim Stivender, Director of Public Works, has been clear in pointing out the difference in the lines to the public.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the resignation of Mr. John D. McLeod from the Lake County Industrial Development Authority (IDA).

RECESS & REASSEMBLY

At 12:28 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 1:30 p.m., for the afternoon session, and to discuss the space study.

COURTHOUSE/REPORTS

Mr. Mike Anderson, Interim County Manager, stated that Hellmuth, Obata & Kassabaum, Inc. (HOK) was here to make a presentation of the Facilities Management Program Master Plan, which is known as the Space Study. He stated that, in January, 1991, the Board did adopt the space standards, which recognized and established the square footage for the various departments.

Mr. John Connolly, Vice-President, HOK, appeared before the Board and presented a summary of the plan to the Board members. Mr. Connolly began the presentation by giving a brief overview of the entire process of establishing the outcome of the plan. He began by saying that the goals and objectives were established, to accomplish what would provide effective public service; the study was prepared to the year 2000; the study would promote functional efficient agencies; access the condition of the existing facilities; and identify options for the facilities; develop a sequence of projects to be accomplished for renovations and improvements to the facilities; and improve the parking problem downtown. At this time, Mr. Connolly discussed the process that was used by the various departments to access their space needs.

Mr. Brian Seufert, HOK, appeared before the Board to discuss the structure of the plan, and to present revisions that had been made in the plan.

Mr. Ed Havill, Property Appraiser, appeared before the Board to discuss the proposed locations of the Property Appraiser and Tax Collector, and the problems that will exist, because of the separation that will be made between the two offices. Mr. Havill stated that Mr. T. Keith Hall, Tax Collector, was to move to the Old Post Office in August, 1990, and this has yet to occur.

Mr. Hall stated that the plan being proposed for the Property Appraiser and Tax Collector is very inefficient, because of the connection between the two offices, and the need for them to be located as close as possible. He further stated that the study does not take into account approximately 800 square feet that his office uses in the Old Courthouse. At this time, he discussed the public services that are offered in his office, and stated that an individual will have to take additional time to complete his request, because of additional commuting to other buildings.

Mr. Anderson stated that the connection between the two offices has been considered, but that the problem arises when you have to utilize existing facilities. He stated that, through communication with Mr. Hall, it was determined that the furthest that he could possibly move would be to the Old Post Office, because anything beyond it will be to remote for the public. He further stated that a critical issue involves the construction of the property records building.

Mr. Hall discussed the dollars that have been returned to the County Commissioners over the years, and stated that, if he does not get facilities that are functional to him, it is his intent, in his next year's budget submitted to the Department of Revenue, to request permission to construct a building, or to lease a building outside of the Courthouse complex, using what is necessary from the excess income. Mr. Hall discussed the present location of his offices, which he hopes to make into full service offices to do all of the functions that are being done at the Courthouse. He stated that this was to be a temporary move, with him relocating in the New Round Courthouse.

Mr. James C. Watkins, Clerk, talked about the discussions that had occurred in the past regarding changes and the relocating of offices.

Commr. Swartz suggested consideration of a free standing structure that would be adjacent to, or in close proximity to, those other departments, and discussed the decision to postpone action on the records storage, pending this study.

Mr. Watkins stated that his position is that warehouse space is cheaper to build than office space, and that there will be a dilemma, if records storage space is not built. Mr. Watkins stated that he is concerned about County Probation, which is not recognized in the scenario. He stated that, if the Clerk's Office is relocated on the fourth floor, it will take some remodeling, where on the fifth floor, it will require no remodeling for the Clerk's functions. He further stated that, if he is relocated to the fourth floor, he will still need access to the vault on the fifth floor. Mr. Watkins stated that he does not like the idea of splitting his offices, some staying in the Courthouse and some

moving down the street, but that this is reality. He stated that he does not want to divide Finance and Administrative Services, and would like them located in one building, and, if possible, on the same floor.

Mr. Connolly stated that HOK is sensitive to the relationship between the Tax Collector and Property Appraiser, and HOK recognizes the traffic generated by those offices, but that there are eight small buildings, and HOK cannot project consolidating a lot of offices that need interaction.

Discussion continued regarding the Health Department, long range plans, and future parking.

Commr. Gregg stated that the County is looking at tremendous growth in the future based on the information being provided.

Commr. Swartz suggested that each department bring back a proposed budget based on the projected numbers of people.

Commr. Bakich stated that, as an extension of the Jail Task Force, perhaps the constitutional officers can become involved in developing possibilities and changes that are necessary in the plan.

Mr. Seufert continued with the discussion on the proposed location of the County offices, and the long term projections being made by HOK. He discussed the future growth of the Sheriff's Department, and suggested taking the road patrol function and moving it outside of the public facilities district, which will ease the parking load.

Commr. Hanson stated that sub-stations should also be considered in the rural areas for the Sheriff's Office, which could involve space donations.

Discussion continued on the proposed plan, including the renovation of the Old Courthouse, which Mr. Connolly stated would be feasible, but extensive.

Commr. Gregg stated that he agreed with Mr. Watkin's suggestion, to locate the County offices in the existing buildings, and suggested that the Chairman, or a representative, meet with the constitutional officers to work out a plan to make this work.

Commr. Swartz stated that, moving into the existing buildings does not remove the fact that there are parking problems. He stated that he is tending to lean towards the need for a new facility. Commr. Swartz requested that the departments, and the constitutional officers, deal with realistic numbers, not worst case projections. Mr. Watkins questioned if he should make a projection for a ten year period, or base the figures on what he can live with in todays standards.

Mr. Anderson stated that, from the original direction that the Board gave to HOK for the space study, they have met those obligations.

It was the consensus of the Board that Commr. Bailey and Mr. Anderson meet with the constitutional officers.

Mr. Anderson stated that direction was needed from the Board to proceed with the renovation of the Old Jail and the Round Courthouse. He stated that he would like to solicit proposals from different companies for renovation of these buildings.

Commr. Swartz suggested that Commr. Bailey and Mr. Anderson work with the constitutional officers to identify their needs and renovation requirements, and come back to the Board for a workshop.

At this time, the Board felt that there was no need for a Task Force Committee.

Mr. Watkins extended his appreciation to the Board for considering this approach and looking to the future needs, and for involving everyone in the space study.

PLANNING & DEVELOPMENT/ZONING

Commr. Bailey discussed a letter from E. W. Griffith, Cashwell Minnehaha Shores Association, with regards to the Harmon greenhouses that are being erected. He informed the Board that this is a 25 acre commercial nursery, surrounded by housing on three sides.

Ms. Annette Star Lustgarten, County Attorney, stated that this deals with rural residential (RR) zoning, which does permit plant nurseries and greenhouses, as a separated permitted use. Agricultural uses are exempted from meeting the standard building code, which has been adopted by Lake County, by Chapter 553. Ms. Lustgarten stated that the zoning code puts no restriction on size of any of the listed permitted uses, nor are there restrictions on any of those listed permitted uses.

Mr. John Swanson, Director of Planning and Development, appeared before the Board and presented the history of events involving the Harmon greenhouses, and stated that the Board rezoned the property from agricultural to rural residential (RR) in 1971. Mr. Swanson stated that it has been established this is a permitted use, and that the use is not in question, as much as the size of the structure. He stated that a study and an interview with various individuals on site are being conducted. He further stated that approximately 90% of the project on site has been completed.

Commr. Swartz stated that he has received a number of calls regarding this issue, and he referred the issue to the County Attorney for an opinion.

Ms. Lustgarten stated that the building permit was issued based on the interpretation of the department, and by formal action of the County. The only basis to cease the project would be if there was a violation of the building code, which apparently there is not, or if there is a new interpretation of the zoning code. She cautioned the Board that the applicant has relied on the issuance of the building permit, and has spent large sums of monies to this date. She discussed the rule of law that the County would be challenged on, in the event the County should attempt to stop the project, if the County went to court. She stated that there are 25 foot setbacks, which were verified.

Commr. Swartz stated that, in reviewing the purpose and intent of RR zoning, the growing of supplemental food supply for family living does not seem to contemplate a million square foot facility. Another concern is the amount of traffic in and out of the facility from the employees who will do the harvesting, and that he feels this has a commercial nature. Commr. Swartz discussed other zoning classifications, in terms of smaller lots, which clearly indicates that greenhouses and nurseries will be strictly of non-commercial nature. He discussed agricultural ranchette (RA) zoning, which indicates that commercial nurseries are permitted, and stated that, in RR zoning, it does not indicate commercial or non-commercial, and only refers to nurseries and greenhouses. He stated that the only way to deal with this issue, at this time, is to determine whether or not the Board wants to consider an action that would temporarily stop the project, until the Board can get a ruling on it.

Ms. Lustgarten stated that the entire purpose and intent needs to be considered, but feels that the County would be challenged if the Board took this action, and there would be a possibility of liability to the County.

Commr. Swartz, along with Commr. Bailey, stated that they felt this would be the opportune time to address this issue, even though there may be legal ramifications, because there is nothing to protect the surrounding area.

Mr. Swanson stated that he could possibly negotiate with the representatives on the hours of operation, setbacks, planting of trees and buffering, etc., with the Commissioners being in agreement to proceed in this direction.

Commr. Bakich stated that he would have a problem supporting the haulting of this project, and that he would prefer to see staff work with their representatives on the issues of concern, and items stated by Mr. Swanson.

Mr. Swanson stated that he would immediately try and schedule a meeting with the owners, and stated that he may be able to negotiate the removal of several rows of poles at the point where the property adjoins.

Commr. Swartz stated that, because this is an intensive farming operation, the Board also needs to consider this from a public health point of view.

Commr. Bailey stated that he is concerned with the impact from the herbicides, and the possible damage to wells, and that no environmental concerns have been addressed.

Commr. Hanson requested that Mr. Don Findell, Director of Environmental Services, go with Mr. Swanson when he meets with the owner to negotiate issues of concern.

Commr. Swanson stated that the County does not control the use of herbicides and pesticides, and that this is largely controlled by the Department of Agriculture.

It was the consensus of the Board that staff meet with the representatives of the project, to negotiate areas of concern, and that a report be brought back to the Board next week, in order for the Board to take appropriate action.

RECESS & REASSEMBLY

At 3:50 p.m., the Chairman announced that the Board would recess until the 5:05 p.m., for a public hearing on the proposed Access Management Ordinance.

PUBLIC HEARINGS/TIMES CERTAIN

PLANNING & DEVELOPMENT/ORDINANCES

The Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance changing the density in AR zoning.

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

On Page 4, Line 21, strike "4"

And Insert: "5"

On Page 9, Line 13 - 16, 24 Strike:

Line 13 - 16 all

Line 24 "pre-application"

And Insert:

Line 13 - Upon submission of an application for rezoning to a zoning district which does not require a site plan, a conference on access management shall be scheduled with the County, or a city with jurisdiction, prior to the first public hearing on the application. Prior to submission of an application for rezoning to a zoning district which requires a site plan, an application for preliminary or final plat approval, or a site plan, a pre-application conference shall be scheduled by the applicant with the County, or a city with jurisdiction.

Line 24 - after "conference" insert "as provided above"

On Page 10, Line 2 - 4 Strike:

"based upon adequate information to be supplied by the applicant. This classification shall be based upon"

And Insert:

"which shall include, but shall not be limited to,"

On Page 13 Line 33

Insert:

", based upon the land use designation, the adjacent Highway System, the Traffic Circulation Element of the Lake County Comprehensive Plan and Florida law

On Page 14 Line 6, 19

Insert:

Line 6 - insert after "feet" "for a two (2) lane road and forty (40) feet for a one-way, single lane road,"

Line 19 - insert "based upon the land use designation, the adjacent Highway System, the Traffic Circulation Element of the Lake County Comprehensive Plan and Florida law."

On Page 16 Line 9 Strike:

"550"

And Insert:

"660"

On Page 19, Line 6 Strike:

"shall not have inside standard curbing"

And Insert:

after "roads" "utilizing curbs and gutters shall have at least one (1) side with mountable type, or Miami-type, curb and gutter"

On Page 20 Line 27 1/2

Insert:

"as set forth Appendix C, Subdivision Regulations, Section 110, Variances, as amended from time to time."

Mr. Alton Roane, Development Services Coordinator, City of Eustis, appeared before the Board and stated that he has reviewed the amendments, and the only concern was the reduction in the road to forty (40) feet, but that he has no problem with the forty (40) feet for a single lane road, and that he continues to support the document being presented.

Ms. Dottie Keedy, Land Planning Group, representing a number of cities in Lake County, appeared before the Board and commended the Board and staff on the proposed ordinance, and stated that she feels it is a very workable ordinance.

There being no public comments, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the amendments to the proposed ordinance, as presented by the County Attorney.

A motion was made by Commr. Gregg, and seconded by Commr. Bakich, to approve Ordinance 1991-13, as titled below:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 17, THE LAKE COUNTY CODE, BY CREATING ARTICLE VII, ACCESS MANAGEMENT REGULATIONS; PROVIDING FOR CREATION OF SECTION 17.141, THE TITLE; PROVIDING FOR CREATION OF SECTION 17.142, DEFINITIONS; PROVIDING FOR CREATION OF SECTION 17.143, PURPOSE AND INTENT; PROVIDING FOR CREATION OF SECTION 17.144, HIGHWAY SYSTEM; PROVIDING FOR CREATION OF SECTION 17.145, SITE CLASSIFICATION AND SITE EVALUATION; PROVIDING FOR CREATION OF SECTION 17.146, GENERAL REQUIREMENTS; PROVIDING FOR CREATION OF SECTION 17.147, MINIMUM CONNECTION SPACING AND MEDIAN STANDARDS; PROVIDING FOR CREATION OF SECTION 17.148, PERFORMANCE AND DESIGN STANDARDS FOR ACCESS ROADS; PROVIDING FOR CREATION OF SECTION 17.149, THE EFFECT OF REZONING, REMODELING OR CHANGE OF USE; PROVIDING FOR CREATION OF SECTION 17.150, SETBACKS; PROVIDING FOR CREATION OF SECTION 17.151, VARIANCES; PROVIDING FOR CREATION OF SECTION 17.152, COSTS OF DESIGN AND CONSTRUCTION; PROVIDING FOR CREATION OF SECTION 17.153, COUNTY-WIDE APPLICABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

Under discussion, Commr. Bakich complimented Ms. Pat Mayhill, Planner III, for the way this issue was handled with the private sector.

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

PLANNING & DEVELOPMENT/ORDINANCES

Ms. Annette Star Lustgarten, County Attorney, stated that the Board had before them a proposed ordinance reducing the lot size from (2 1/4) acres to (2) acres in agricultural residential (AR) zoning.

Ms. Cecelia Bonifay, Attorney, appeared before the Board and requested that the Board initiate the approval of the ordinance, and offered support in conforming this zoning classification to the new future land use element of the Comprehensive Plan.

There being no further public comments, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved Ordinance 1991-14, as titled below:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING APPENDIX B, THE ZONING REGULATIONS, LAKE COUNTY CODE, TO CHANGE THE DENSITY PERMITTED IN THE "AR" AGRICULTURAL RESIDENTIAL ZONING DISTRICT; PROVIDING FOR AMENDMENT TO ARTICLE VI, ZONING CLASSIFICATIONS, SECTION 61.2, "AR" AGRICULTURAL RESIDENTIAL, TO CHANGE THE MINIMUM LOT SIZE FROM TWO (2) AND ONE-QUARTER (1/4) ACRES TO TWO (2) ACRES; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:20 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMR\BOARDMIN\11-5-91.TMR\1-24-92