The Lake County Board of County Commissioners met in regular session on Tuesday, February 16, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice-Chairman; Rhonda Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; James C. Watkins, Clerk; Barbara Lehman, Finance Director; and Sandra Carter, Deputy Clerk.

Pastor Brian Volpone, from the Open Door Baptist Church in Clermont, gave the Invocation and led the Pledge of Allegiance.

MINUTES

Regarding the Minutes of January 5, 1993 (Regular Meeting), the following was noted:

Clarification was made in the spelling of a proper name.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of January 5, 1993, as presented.

Regarding the Minutes of January 12, 1993 (Special Meeting), the following change was requested:

On Page 16, Line 17, change the words had been to will be.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of January 12, 1993, as corrected.

Regarding the Minutes of January 19, 1993 (Regular Meeting), the following was requested:

On Page 11, Line 20, under the category of Governmental Representatives, insert the fact that Commr. Hanson had been appointed to the Tourist Development Council, as a Governmental Representative, for a one year term, to expire December 1, 1993.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of January 19, 1993, as amended.

PERSONAL APPEARANCES

RESOLUTIONS

Mr. Rusty Wiygul, Florida Citrus Mutual (the states largest association of citrus growers), appeared before the Board and requested them, on behalf of the County's citrus growers and related industries, to adopt a Proclamation declaring February 1993 as Florida Grapefruit Month in Lake County. He gave a brief presentation regarding citrus production in Lake County, noting that there are over 2 million citrus trees that cover the County's 18,000 plus acres of commercial citrus production and that it contributes $8 billion a year to Florida's economy. He stated that, in Lake County, citrus contributed over $270 million in sales activity, $74 million in earnings and income, and employed the full time equivalent of over 3,800 people.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a Proclamation declaring February 1993 as Florida Grapefruit Month in Lake County.

Commr. Swartz thanked Mr. Wiygul for his presentation.

LAWS & LEGISLATION/PUBLIC HEALTH/RESOLUTIONS

Dr. Tully Patrowicz, Vice Chairman of the North Central Florida Health Planning Council, appeared before the Board stating that he and Mr. Tom Wetherington, Treasurer of said council, were asked to present to the Board a health needs assessment for Lake County. He introduced Mr. Brian Foy, Deputy Director of the We Care program for the Florida Medical Association; Mr. Ed Dean, Chairman of the Marion County Health Care Task Force; Ms. Carol Gormley, North Central Florida Health Planning Council; Ms. Barbara Martin, Executive Director of the Lake County Medical Society; Dr. John Pelloise, Director of the Lake County Public Health Department; Mr. Robert Snyder, Chief Executive Officer of Florida Hospital/Waterman; and Mr. Burt Lacey, Executive Director of the Lake Sumter Mental Health Center and Hospital, who were present in the audience.

Dr. Patrowicz then gave a brief history of the North Lake County Hospital Taxing District Board, which he and Mr. Wetherington sit on, noting that three years ago the Board of County Commissioners adopted an ordinance creating said Board, to serve the general welfare of the district and to assure continued hospital services, including medical care for indigents that reside in the district, as well as the district's residents. He stated that the Health Needs Assessment Report before the Board this date was compiled from a year long study which was carried out by the staff of the North Central Florida Health Planning Council, which he noted is a well recognized organization dealing with health care issues in the Lake County region.

Dr. Patrowicz referred to a portion of the study which points out that there is no coordinating agency, board, or authority for all the extensive resources in Lake County that deal with health care, however, noted that several counties in the North Central Florida region have organizational structures that provide ongoing health care inventorial, informational and coordinating services, in which local health care issues can be addressed on an ongoing basis, and felt that the Board could easily adopt same for Lake County. He stated that a blue ribbon panel of this nature, which would act in an advisory capacity, and consist of respected leaders in local government, business, education, and health care for the consumer and the elderly, who need to have advocates, could certainly reduce the cost of duplication and improve distribution of health care in Lake County.

Dr. Patrowicz stated that he had discussed this issue with the chief administrators of Leesburg Regional Medical Center, Florida Hospital/Waterman, South Lake Hospital, Lake Sumter Mental Health Center and Hospital, the County Public Health Department, Hospice, and leaders of the County's Medical Society and all are receptive to the notion of an advisory blue ribbon health facilities

authority that can address, on an ongoing basis, health care issues in the County. He stated that the timing for this kind of an organization appears to be excellent, in view of the fact that there is presently a strong push in State Government to implement the Healthy Communities - Healthy People's Act, which was passed last year by the Legislature.

Dr. Patrowicz stated that another aspect of this study involves local physician volunteerism, noting that many visits to hospital emergency rooms are not for true emergencies, which results in higher and unnecessary costs to residents of the County, as well as to those who are being treated. He stated that the physicians of the Lake County Medical Society are currently exploring a Florida Medical Association sponsored program called We Care, which he noted is a program in which the medically indigent, who cannot afford medical care privately and do not qualify for Medicaid or any other Welfare monies, can have access to medical care. He stated that there are 12 counties in the State of Florida that already have said program in place. He stated that the We Care program is a cooperative effort between County government, hospitals, and physicians.

Dr. Patrowicz stated that the Lake County Medical Society plans to discuss this issue at their April meeting, noting that, at that time, they should be able to look at the feasibility and the extent to which Lake County physicians will participate in such a program. He stated that he felt this program is a win/win situation for all its participants - patients, doctors, hospitals, government, and the communities, therefore, requested the Board's participation and support of the program, when it materializes. He stated that the individuals he identified earlier, from Marion County and the Florida Medical Association, were present to indicate their support of what he called a humanitarian and cost effective program.

Dr. Van Eldik, who heads the We Care program in Marion County, appeared before the Board and answered questions about the program

and how it works. He stated that the program has been in effect for approximately two years and that most of the care they give is specialty care, due to the fact that, in Marion County, the Health Department handles a lot of the primary care.

Mr. Ed Dean, Chairman of the Indigent Health Care Oversight Board, in Marion County, appeared before the Board in response to a question by Commr. Bailey as to what kind of impact the We Care program would have on the County's budget. Mr. Dean stated that, prior to two years ago, Marion County was spending approximately $3.5 million for indigent health care delivery at the Emergency Room of Monroe Regional Hospital, or for inpatient treatment, at the taxpayers' expense. He stated that people who did not have access to the system were ending up in the Emergency Room at a minimum of $250.00 per visit, or, because of a new referral system, were being admitted to the hospital with stays being longer than an average stay, at county taxpayers' expense. He stated that doctors were reluctant to release them from the hospital until they were perfectly well, because there was no where to send them.

Mr. Dean stated that the Health Department was overwhelmed with its own problems, so the County Commission put together a task force whose goal was to broaden health care access of indigent people in Marion County - to assist them, but not overly burden the taxpayer. He stated that they found the ad valorem tax system was the only way to do it, so they started looking at how they could lower the cost but still provide basic primary care. He stated that they came up with an Episodic Care Center (non-profit organization run by the two hospitals in Marion County), which costs $30.00 per person rather than the original figure of $250.00, totaling approximately $450,000.00 per year to run. He stated that the idea behind an Episodic Care Center is to set up a series of buffers, before a patient is admitted to the high cost setting of a hospital, where the We Care program physicians will decide where the patient needs to go for treatment. He stated that the

hospitals have agreed to rotate the admissions, depending on the specialty, which he elaborated on.

Mr. Dean stated that, for the same amount of money that was previously being spent, the number of people who are being treated is about ten times what it was, noting that the reason for it is due to a lower cost setting and the preventative nature of the care they receive. He noted that there is no increase in cost to the County.

It was noted that Lake County is presently spending approximately $6.5 to $7 million for indigent health care.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved to refer the matter of creating a blue ribbon panel, to investigate indigent health care needs in Lake County, to Mr. Fletcher Smith, Director, Department of Community Services, and requested that he include both the North and South Lake Hospital Districts and Dr. Pelloise in the discussions and bring a recommendation back to the Board at a later date.

Commr. Swartz thanked all the individuals involved in this matter for coming and thanked those that spoke for their presentation.

PUBLIC HEALTH/LAWS & LEGISLATION

Mr. Bob Pratt, Chairman of the AARP Legislative Committee at Hawthorne, appeared before the Board and recognized members of said committee who were present in the audience. He stated that their committee consists of a group of concerned Lake County citizens who are interested in the health care of not only Lake County, but the State and Nation as well, and were present to see how local government operates. He stated that they have been working on health care issues for approximately two years and have come up with a system that they feel can control health care in America, called Health Care America. He stated that it has four important functions, being (1) it is accessible to everybody, not just senior citizens; (2) it is a system that covers cost control; (3) it offers long-term care; and (4) it offers prescription drug coverage.

Mr. Pratt informed the Board that President and Mrs. Clinton were going to be addressing the nation this evening about a health care system that they feel very strongly about, called Advantage Competition. He stated that it is a very complicated system and one that AARP feels will require the Board's careful study and consideration. He stated that, while the needs and timing of President Clinton's proposal may not be the same as Health Care America, AARP feels that, as long as it covers the four functions he mentioned earlier, they will accept it. He stated that the main issue is not whether America needs health care reform, but when and how. He stated that AARP says "Lets Just Do It". He submitted to the Board a book on Health Care America, which he noted explains exactly what the program is, and stated that, if the Board reads and compares it to what President Clinton presents this evening, they will be able to make an educated choice as to which way America should go in controlling health care costs.

Commr. Swartz thanked Mr. Pratt for his presentation.

MISCELLANEOUS/STATE AGENCIES

Mr. Terrell Davis, Georgia Pacific Corporation, appeared before the Board and discussed the issue of the Reforestation Program in Lake County. He stated that it is a program that Commr. Hanson saw a need to pursue, so she went before the Lake County Agricultural Advisory Committee and asked them to consider a proposal to reforest, and develop a plan to accomplish it, which he noted they did, through working with county staff and various other individuals. He stated that the plan was then presented to the Lake County Agricultural Committee, as well as the Natural Resources Advisory Committee, and was approved by both committees. He stated that they have developed a team approach, involving the County and Federal Governments, Agriculture Stabilization & Conservation Service (ASCS), the Division of Forestry, industry,

consulting boards, civic clubs, and extension services. He stated that now the plan just needs to be implemented.

Commr. Hanson stated that she felt this was a win/win situation in that trees provide ground cover, they protect the environment, and are a long-term investment in the land. She stated that it also gives land owners an alternative, although not a very lucrative one, at the present time. She stated that she understood this county has the cooperation from other counties that may come into the program and feels that Lake County can present the need for intensified planning now. She stated that the County normally plants 2,000 acres per year; however, the plan is to plant 6,000 acres per year, over a five year period, which she noted can make a substantial difference in ground cover in Lake County.

Mr. Davis stated that the main reason for his presence was to let the Board know that the program is moving forward and to request their support.

Several telephone numbers were given where interested parties could contact the U. S. Forestry Service, county staff, or the ASCS office for participation in the program.

Commr. Swartz thanked Mr. Davis for his presentation.

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Requests to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Florida Statutes, Chapter 136, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.

Reports/Meetings/Water Authority

Request to acknowledge receipt of the Annual Report of Meetings Schedule for the Lake County Water Authority's regularly scheduled meetings.

Miscellaneous/Water Authority

Request to acknowledge receipt of the Lake County Water Authority's District Boundary Map.

Municipalities/Ordinances

Request to acknowledge receipt of Ordinance No. 248-M, from the City of Clermont, adopted by the Clermont City Council on January 12, 1993, annexing approximately 40 acres of land contiguous to the present city boundaries into the city limits of Clermont.

Municipalities/Ordinances

Request to acknowledge receipt of Ordinance No. 93-01, from the City of Leesburg, adopted by the Leesburg City Commission on January 25, 1993, annexing property owned by Frank T. Wais and Helen Wais, his wife, and certain property owned by Sue Ann McEachern, John B. Cutter and Roberta J. Cutter, his wife, and Jim F. Sherred and Ruth Sherred, his wife, located east of U.S. Highway 27/441, across from Wal-Mart store, contiguous to the present city boundaries, into the city limits of the City of Leesburg.

Utilities

Request to acknowledge receipt of Notice from Southern States Utilities of Application to Amend Certificate No. 106-W, to provide water service to territory known as Hobby Hills, Florida.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, informed the Board that Tab 2, which pertains to a request for approval to set the 1993 Townhall Meeting Schedule, needed to be deleted from the Consent Agenda and Tab 32, which pertains to a request for discussion and approval of certain Lake County Policies, needed to be deleted from the Departmental Business requests, as they would be discussed at the Board Meeting scheduled for March 2, 1993. He then stated that the contract alluded to in Tab 11, pertaining to hydrogeological and contamination assessment services, was not ready for execution by the Board, however, would like the Board's approval for the Chairman to execute said agreement, when ready, subject to review by the County Attorney. He clarified the fact that, in Tab 18, Tomoka Recycling had been included in a list of companies exempted from the Waste Flow Ordinance and should not have been, as they are authorized to remove recycled materials from Lake County, under said ordinance. He stated that Tab 19 and Addendum A. 1. both pertain to the same process, which is the on-going operation of the Resource Recovery Facility, therefore, requested that it be pulled and discussed along with Addendum A. 1. later in the meeting.

The County Attorney informed the Board that substitute resolutions had been provided to the Board for Tab 3, which pertains to setting a speed limit for Juniper Creek, and Tab 17, which pertains to a grant for submission to the Department of Transportation.

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

Accounts Allowed/Budgets/Budget Transfers/Courts-Judges

Contracts, Leases & Agreements/Grants/Resolutions

Mosquito-Aquatic Plant Management

Suits Affecting the County

Request from the Budget Office for approval of the following budget transactions:

Budget Transfers (6), as follows:

Fund: General

From:

Department: Corrections

Operating Expense: Office Supplies $ 250.00

To:

Department: Purchasing

Operating Expense: Office Supplies $ 250.00

Transfer No.: 93-0068

Fund: General

Department: Corrections

Division: Detention

From: Operating Expenses $11,436.00

To: Operating Expenses $11,436.00

Transfer No.: 93-0069

Fund: General

Department: Administrative Support

From: Operating Expenses $ 1,800.00

To: Operating Expenses $ 1,800.00

Transfer No.: 93-0075

Fund: Northlake Ambulance

Department: Fire and Emergency Services

Division: Ambulance

From: Operating Expenses $15,000.00

To: Operating Expenses $15,000.00

Transfer No.: 93-0073

Fund: Landfill Enterprise

Department: Public Services

Division: Solid Waste Management

From: Special Reserve $175,000.00

To: Operating Expenses $175,000.00

Transfer No.: 93-0074

Fund: Road Impact Fee Fund

Department: Public Services

Division: Special Services

From: Special Reserve $165,000.00

To: Capital Outlay $165,000.00

Transfer No.: 93-0076

Expenditure from the General Fund:

Request from the Judicial Department to pay Court Reporter costs, in the amount of $12,325.15, for transcribing the proceedings of the jury trial of State of Florida v. Mark Vincent Olvera (Case No. 89-1839-CF).

Resolution:

Resolution requesting that the Landfill Enterprise Fund for FY 1992-93 be amended, in the amount of $134,662.00, in order to receive unanticipated debt proceeds from a capital lease relating to a Caterpillar 950F Wheel Loader that is being purchased from Ringhaver Equipment Company.

Resolution:

Resolution requesting that the Mosquito Control Fund for FY 1992-93 be amended, in the amount of $21,461.00, in order to receive unanticipated funds for the Mosquito Control/Waste Tire Abatement Grant Program.

Commissioners/Meetings

Request from the County Manager to postpone action concerning approval of the 1993 Townhall Meeting Schedule until the Board Meeting of March 2, 1993.

Resolutions/Signs/State Agencies/Water Authority

Request from the County Manager for approval of a resolution directing that a "Slow Down - Minimum Wake Zone" speed limit sign be posted on that portion of Juniper Creek located between the Lake County line and Lake George, as requested by the United States Department of Agriculture Forestry Service, and authorized proper signatures on same.

Community Services/Private Industry Council

Request from Community Services for approval to submit Lake County's proposal to operate the JTPA, Title IIA, Adult Training Program; the Title IIC, Youth Program; and the Title III, Dislocated Worker Program to the Volusia, Lake, Flagler-Private Industry Council, Inc., and authorized proper signatures on same, upon review and approval by the County Attorney.

Accounts Allowed/Community Services/Public Health

Contracts, Leases & Agreements

Request from Community Services to acknowledge receipt of the First Amendment to the 1992-93 State/County contract between Health & Rehabilitative Services' Lake County Public Health Unit and the Board of County Commissioners, in the amount of $90,229.00.

Committees/Facilities & Capital Improvements/Resolutions

Request from Facilities & Capital Improvements for approval of a request from the Industrial Development Authority (IDA) that the County Attorney be authorized to draft a resolution increasing the

membership of the IDA from seven to nine members, with one of the voting members being a County Commissioner, and authorized proper signatures on same.

Contracts, Leases & Agreements/E911/Fire & Emergency Services

Municipalities

Request from Fire & Emergency Services for approval of a Second Amendment to the agreement between Lake County and Florida Regional Emergency Medical Services, Inc., allowing the use of one of two available slots on the fire dispatch console, in order to provide dispatch services for the City of Montverde, until such time as Lake County requires use of the slot, and authorized proper signatures on same.

Contracts, Leases & Agreement/Fire & Emergency Services

Request from Fire & Emergency Services for approval of an agreement between Lake County and the Florida Elks Children's Hospital, in Umatilla, to use their facility as a Special Needs Shelter for the evacuation of citizens with special needs, and authorized proper signatures on same.

Accounts Allowed/Fire & Emergency Services/Public Health

Request from Fire & Emergency Services for approval of a request that Dr. Braxton Price, of Eustis, be selected as the vendor to administer Hepatitis vaccinations to volunteer fire personnel that come into direct contact with patients, through structure fires, automobile accidents, or medical responses, at a cost of $28,860.00.

Accounts Allowed/Information Services

Request from Information Services for approval to purchase SUNCOM trunking hardware, at a cost of $6,037.32, to eliminate the blockage occurring on SUNCOM lines.

Accounts Allowed/Contracts, Leases & Agreements

Planning & Development Services

Request from Planning & Development Services for approval to execute continuing contracts with the firms of (1) Dyer, Riddle, Mills and Precourt, Inc.; (2) Golder and Associates, Inc.; and (3) HSA, Inc., to be ranked as noted, for hydrogeological and contamination assessment services; approval to execute specific contracts with any or all of the ranked firms, for the individual tasks outlined in RFP No. 004-093; and to encumber and expend funds, in the amount of $175,000.00; and authorized proper signatures on same, upon review and approval by the County Attorney.

Contracts, Leases & Agreements/Planning & Development Services

Request from Planning & Development Services for acceptance of a Developer's Agreement between Lake County and Jacqueline M. Martin, limiting the density of a parcel of property comprising 1.61 + acres, located in Astor, to two dwelling units, making it consistent with the Lake County Comprehensive Plan, and authorized proper signatures on same.

Accounts Allowed/Planning & Development Services/Subdivisions

Request from Planning & Development Services for final plat approval of Lake Yale Cove, Phase I; and acceptance of an Irrevocable Letter of Credit, in the amount of $13,000.00, for performance of eight (8) driveways.

Bonds-Mobile Home/Planning & Development Services

Request from Planning & Development Services for approval of a new mobile home bond for Charles Padgett, Fruitland Park area, District 1.

Bonds-Mobile Home/Planning & Development Services

Request from Planning & Development Services for approval to renew a mobile home bond for Sam Kissinger, Umatilla area,

District 5.

Grants/Public Services/State Agencies

Request from Public Services for approval of the First Quarter Waste Tire Grant Reimbursement Request and directed that a copy of the Board Minutes reflecting the election of the 1992-93 Chairman be affixed to the request, for submittal to the Florida Department of Environmental Regulation, as requested by same.

Accounts Allowed/Contracts, Leases & Agreements/State Agencies

Municipalities/Public Services

Request from Public Services for approval of a resolution authorizing the County to enter into the Florida Department of Transportation's Local Government Cooperative Assistance Program; as well as a request for approval of a Memorandum of Agreement and a Joint Participation Agreement between Lake County and the Florida Department of Transportation, reducing the County's cost for the Corridor Study for the Eustis Bypass, Phase III, and the cost of improvements to that portion of SR 19, between Norton and Orange Avenues, known as Grove Street, in Eustis, by 50%, from $215,000.00 to $107,500.00, and authorized proper signatures on same.

Landfills/Ordinances/Public Services

Request from Public Services for approval of exemption from Waste Flow Ordinance No. 1988-13, for recycling products for the following haulers:

Mini Adkinson Farms (Franchise No. 79)

A-1 Septic Tank Service (Franchise No. 86)

Contracts, Leases & Agreements/Public Services

Mosquito-Aquatic Plant Management

Request from Public Services for approval of two contract amendments (C-7870 and C-7862) to the Cooperative Aquatic Plant Control Program, with the Department of Natural Resources, and authorized proper signatures on same.

Assessments/Contracts, Leases & Agreements/Landfills

Public Services/Tax Collector

Request from Public Services for authorization to execute Interlocal Agreements between Lake County and T. Keith Hall, Tax Collector, for his office to provide administrative services for the collection of non-ad valorem assessments, and authorized proper signatures on same.

Accounts Allowed/Public Services/Road Projects

Roads-County & State

Request from Public Services for approval to authorize and award Project No. 16-92, Dead River Road (3-4140) Widening and Resurfacing, to Professional Dirt Services, Inc., and to encumber

and expend funds, in the amount of $168,880.00. (Commissioner District 3, Impact Fee Benefit District 2)

Accounts Allowed/Public Services/Road Projects

Roads-County & State

Request from Public Services for approval to authorize and award Project No. 17-92, Radio Road (1/3-5433) Intersection Improvements, to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $42,592.15. (Commissioner Districts 1 and 3, CTT Funds)

Rights-of-Way, Roads & Easements/Municipalities

Public Services

Request from Public Services for approval to advertise Road Vacation Petition No. 709, by Ali A. Nemazie, to vacate easement, Section 14, Township 19S, Range 27E, Eustis area, Commissioner District 4.

Deeds/Public Services/Roads-County & State

Request from Public Services for approval to accept the following Statutory Warranty Deeds:

Minor Lot Splits

Claude Roscoe Roberts and Mary E. Roberts

Whitney Road (1-4603)

Arvid R. Johnson, Steven E. Johnson, Gary E. Johnson, and Dorothy P. Johnson

C-565 and Empire Church Road (2-1213)

T. E. Neville

Sugarloaf Mountain Road (2-2350)

Site Plan

Barnett Bank of Lake County, N.A.

Griffin Avenue (5-78-7)

Deeds/Public Services/Rights-of-Way, Roads & Easements

Request from Public Services for acceptance of the following Temporary Non-Exclusive Easement Deeds:

Charles E. Bradshaw, Jr.

Section 31, Township 20S, Range 24E

Section 6, Township 21S, Range 24E

Deeds/Public Services

Request from Public Services for approval to release the following Murphy Act State Road Reservations:

Deed No. 2407 - J. D. Wadkins, Jr. - SW 1/4 of SW 1/4 of

NE 1/4, Section 20, Township 21S, Range 25E, Lake County, Florida.

Accounts Allowed/Purchasing

Request from Purchasing 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:

(A) Authorization to Seek Bids and Approve Specifications

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(E) Approve Other Payments and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

(H) Approve and Execute Contracts, Agreements, Chairman's Signature and Encumber Funds

DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMITTEES/CONTRACTS, LEASES & AGREEMENTS

FACILITIES & CAPITAL IMPROVEMENTS

Mr. Pete Wahl, County Manager, explained this request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that they had a memorandum before them that had been forwarded to the members of the Industrial Development Authority pertaining to a request from Mr. Carroll Fulmer, Carroll Fulmer Group, Inc., through his attorney, for changes to the existing agreement, as follows:

1. That Freedom's Way not be constructed by Lake County and that the acreage be merged into one large parcel, which would include Lots 12, 13, 14 and 15.

2. A credit, in the amount of $58,024.77 (which is the cost of paving Freedom's Way), against the total purchase price of $457,365.35.

3. A road impact fee waiver from the Board of County Commissioners, which is allowed under Lake County Land Development Regulation Section 15.00.07 (H). Note: The County is required to provide any amount waived from identified county funds.

Mr. Glenn Tyre, Chairman, Industrial Development Authority (IDA), appeared before the Board stating that the IDA had met with Mr. Carroll Fulmer and Mr. Richard Langley, his Attorney, and agreed to accept the changes that Mr. Fulmer requested.

Mr. Richard Langley, Attorney, representing Carroll Fulmer Group, Inc., appeared before the Board and answered questions regarding Mr. Fulmer's requests.

A motion was made by Commr. Bailey and seconded by Commr. Gerber to approve an agreement between the Lake County Industrial Development Authority and Carroll Fulmer Group, Inc., as amended, being, a credit, in the amount of $58,024.77, for the cost of paving Freedom's Way, and approval to replat, removing Freedom's Way as a county right-of-way, with the exception of whatever easements are necessary for utilities or storm water retention areas, as requested by Facilities & Capital Improvements, and authorized proper signatures on same.

It was noted that Item No. 3 had been withdrawn by Mr. Fulmer.

Under discussion, the County Attorney, Ms. Lustgarten, clarified the fact that, by the Board granting the credit alluded to above, the amount of commission from the sale will be reduced by that proportionate share. She stated that the amendment to the agreement will be drafted and presented for execution to the IDA.

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

SUITS AFFECTING THE COUNTY/WATER AUTHORITY

Mr. Richard Langley, Attorney, informed the Board that the reason the County was named as a party in the lawsuit of Herlong v.

Oklawaha Basin Recreation and Water Conservation and Control Authority was due to the fact that the County, by law, assesses and collects taxes.

Ms. Annette Star Lustgarten, County Attorney, interjected that the position the County has taken is that it has no involvement in the case, therefore, moved that it be dismissed from the lawsuit.

No action was needed or taken.

ANIMAL CONTROL/COMMITTEES/FIRE & EMERGENCY SERVICES/ORDINANCES

Mr. Pete Wahl, County Manager, explained this request.

A brief discussion occurred regarding the request.

Commr. Swartz stated that he would like to see citizens become members of this committee, through advertising, and noted that he was very concerned that there was no South Lake County representative. He stated that an Animal Control Board would be created by this Committee and directed the County Attorney to draft a resolution establishing the Animal Control Ordinance Revision Committee and bring same back to the Board, as soon as possible, and authorized staff to advertise for committee members. It was the consensus of the Board that the Committee be comprised of nine (9) members, as follows:

A representative from each Commission District (5)

A representative from each Humane Society in Lake County (2)

A representative from the South Lake Animal League (1)

A Veterinarian (1)

COUNTY POLICY/PLANNING & DEVELOPMENT SERVICES

Postponed action regarding a request from Planning & Development Services for approval of the following Lake County Board Policies until the Board Meeting of March 2, 1993:

LCC-3 - Office of Budget

LCC-4 - Budget Amendment Process

LCC-5 - Uniforms

LCC-6 - Smoking in County Owned or Leased Buildings

LCC-7 - Public Meetings in County Buildings

LCC-8 - Advisory Boards/Committees

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

PUBLIC SERVICES

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Public Services for approval of an Interlocal Agreement between Lake County and the City of Leesburg, for Monofill Leachate Disposal; to encumber and expend funds, in the amount of $25,000.00; and authorized proper signatures on same.

ASSESSMENTS/LANDFILLS/PUBLIC SERVICES/RESOLUTIONS

TAX COLLECTOR

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Public Services for approval of a resolution establishing interest rates for in-house billings, for Solid Waste Assessments, at 1.5% per month and 18% annually.

BONDS/COMMITTEES/LANDFILLS/PUBLIC SERVICES

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Public Services for retroactive appointment of the following individuals to the Consultant Selection Committee (advisory/non-voting), to evaluate proposals received from consultants for independent engineering services, relative to the Bond Financing Feasibility Study and the ongoing operation of the Resource Recovery Facility:

Mr. Pete Wahl

Mr. Jim Stivender

Mr. Bill Cummins

Mr. Rick Patterson

BCC Member (Commr. Swartz)

CONTRACTS, LEASES & AGREEMENTS/COMMITTEES/LANDFILLS

PUBLIC SERVICES

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Public Services for authorization for the Negotiating Committee to negotiate an agreement for consulting engineering services, relative to development of a project feasibility report that will refinance existing variable rate bonds to a fixed interest rate, and consultant services associated with the on-going operation of

the Lake County Waste-to-Energy Project, with the following four (4) firms, ranked as follows:

HDR Engineering, Inc.

Camp Dresser & McKee, Inc.

Brown and Caldwell Consultants

Post, Buckley, Schuh & Jernigan, Inc.

COMMITTEES/LANDFILLS/PUBLIC SERVICES

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Public Services for appointment of the following individuals to the Negotiating Committee (advisory/non-voting) alluded to above:

Mr. Jim Stivender

Ms. Eleanor Anderson

Mr. Bill Cummins

Mr. Rick Patterson

Commr. Swartz pointed out the fact that Mr. Greg Goodwin, Program Manager, HDR Engineering, Inc., was present in the audience and noted that he had given a very good presentation, at an earlier meeting, in which he addressed issues that some of the other firms did not address quite as well.

REPORTS

COUNTY ATTORNEY'S MATTERS

COUNTY ATTORNEY/LAWS & LEGISLATION

PLANNING & DEVELOPMENT SERVICES/STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, updated the Board regarding the administrative hearing concerning the Lake

County Comprehensive Plan, stating that the Administrative Hearing Officer had deferred, until April 9, 1993, any action on the Comprehensive Plan, based on representations by both the Department of Community Affairs and the County that a settlement had been reached. She stated that they are still waiting to sign the Settlement Agreement and noted that she would be checking on it later this date. She stated that the amendment to the Comprehensive Plan will be presented to the Board at the meeting scheduled for March 2, 1993.

Commr. Bailey questioned the County Attorney about some Zoning cases that have been pending, for months, and as to when the Board will be able to act on said cases, to which she responded that they had been postponed until March 23, 1993, in anticipation of the amendment, and that, assuming the County has a signed agreement and the Board is able to take final action on it, at the meeting scheduled for March 2, 1993, they will be able to hear those cases at that time.

Commr. Swartz requested the County Attorney to convey to the Department of Community Affairs the importance of having the Secretary's signature on the Settlement Agreement, in a timely manner, so that the Board can get on with the actual amendment to the Comprehensive Plan, due to the fact that the County has cases that have been pending, for months, in anticipation of the signing of the Settlement Agreement.

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board of a conflict public defender case the County is involved in concerning a recent carjacking and killing of a family from the City of Eustis. She stated that, due to the fact the alleged assailants are being represented by the Public Defender's Office, the County will be responsible for costs incurred in their defense. She stated that, because of the nature of the crime, there will be DNA testing involved, which she noted is costly, and she anticipates that said cost will be included in the total cost of

the assailants' defense. She noted that the Grand Jury was meeting, this date, to determine what charges will be brought against the defendants.

Ms. Lustgarten, County Attorney, stated that she had had preliminary discussions with Mr. Mike Graves, Attorney, who has been assigned as First Seat, representing the defendants, concerning the possibility of entering into a contract for costs, for his hourly rate, noting that the County will be responsible for the total cost of those expenses. She stated that she had not yet had a chance to discuss the matter with the Public Defender, Mr. Howard Babb, Jr.

Commr. Swartz noted, for the record, that the County has Conflict Agreements with Attorneys Michele Morley and Tommy Carl; however, the County does not have a conflict attorney who can handle capital cases, therefore, he had requested the County Attorney to pursue a Conflict Agreement with a capital defending attorney, such as Mr. Graves, to see if the County could better control its costs. He noted that the judges are aware of the Board's concern about trying to keep the County's costs down, in these types of cases, and that they have been very careful in doing so, however, sometimes it is out of their control.

Ms. Lustgarten, County Attorney, stated (for the record) that this is the second capital case the County is involved in, noting that there is still one pending from last year (Love v. Gambel).

COMMISSIONERS' BUSINESS

ORDINANCES/SIGNS

Commr. Gerber stated that she has received calls on the issue of content of signs and questioned whether the Board wanted to readdress the issue of the Sign Ordinance, at which time the County Attorney stated that the content of a sign is considered commercial speech and is very difficult to control, due to the fact that it is protected by the First Amendment. She stated that her office is in the process of doing some research on the matter, at the request of

Commr. Bailey, and that they should be receiving a memo from her, regarding same.

A brief discussion occurred regarding the matter.

It was the consensus of the Board to readdress the Sign Ordinance, therefore, Commr. Swartz directed the County Attorney to prepare a resolution establishing a Sign Ordinance Review Committee and bring it back to the Board, for review, at a later date.

No action was needed or taken at this time.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board reappointed Mr. James P. Logan and appointed Mr. J. Skellie Morris to the Planning and Zoning Commission, representing District 1, as requested by Commr. Gerber.

RESOLUTIONS

Commr. Hanson informed the Board that they should be receiving invitations to the Lake County Sixth Annual Derby Day, which is scheduled to be held on April 3, 1993, and requested that they approve a resolution regarding same.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved a resolution establishing April 3, 1993 as the Sixth Annual Derby Day in Lake County.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board appointed Mr. Dennis F. Ramsey, Jr. to the Planning and Zoning Commission, representing District 4, as requested by Commr. Hanson.

Commr. Hanson noted (for the record) that she would like to see more women considered for the various committees, as vacancies become available.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board reappointed Mr. Paul W. Bryan, II to the Planning and Zoning Commission, representing District 5, as requested by Commr. Cadwell.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board appointed Mr. Eugene A. Kastner to the Lake County Solid Waste Committee, as requested by Commr. Bailey.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board reappointed Mr. Michael F. Carey and appointed Ms. Brenda C. vonHartmann to the Planning and Zoning Commission, as requested by Commr. Swartz.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Commr. Swartz for authorization to pay costs, in the amount of $921.90, in the case of State of Florida v. Constantine M. Kasey, as recommended by the County Attorney.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Commr. Swartz that the following names be submitted to Governor Chiles, for appointment to the Citizen's Commission on Children, representing District 3:

Ms. Elaine S. Davis

Ms. D. Denise Joiner

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Commr. Swartz for authorization to pay costs, in the amount of $165.00, in the case of State of Florida v. Michael Lee Floyd, as recommended by the County Attorney.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Commr. Swartz for authorization to pay costs, in the amount of $165.00, in the case of State of Florida v. Robert Hayes Powell, Jr., as recommended by the County Attorney.

RECESS & REASSEMBLY

At 10:35 a.m., the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m., for a Water/Wastewater Workshop.

WATER/WASTEWATER WORKSHOP

ENVIRONMENTAL SERVICES/POLLUTION CONTROL

Mr. Pete Wahl, County Manager, stated that the purpose of this workshop was to obtain direction from the Board, for staff to begin utilizing, for future development of water and wastewater facilities in Lake County. He stated that there are five or six issues in particular that staff needs direction on. He stated that the County appears to have a number of projects in the preliminary stages of either proposals or review, which present to the County some degree of challenge, in terms of the delivery of water and wastewater services. He stated that, if it is the County's intent, either publicly, or through private contracts, private franchises, or some mix and match of the two, to get into the utility business, staff needs to obtain direction from the Board, so that they can begin to look at the kinds of enforcement activities, or authorizing legislation, that needs to be developed, to allow staff to do so.

Mr. Jim Barker, Director of Environmental Services, stated that the County's present Water/Wastewater Master Plan is aging quickly. He stated that there are issues involved that are changing daily and there are requirements that the County has laid out, in draft ordinances, standards specifications, and improvement standards, that need to be addressed so that staff can update and prepare the appropriate documents, in order to get some idea of where they need to go in the future. He stated that the Water/Wastewater Master Plan, as well as the amendment for the South Lake area, needs some updating to keep it current with the changing development patterns that are taking place in that area, specifically, because of the Comprehensive Plan and some of the Stipulated Agreement requirements of the plan.

Mr. Barker, Director of Environmental Services, stated that staff needs direction from the Board as to what to do regarding certain issues, one of them being that there are several projects involving Developer's Agreements and many of them require a connection to regional/sub-regional facilities for both water and wastewater. He stated that a draft ordinance would give staff some legally binding guidance and give the developers and the public sector some guidance as to how the Board wants some of the issues to be approached.

Mr. Barker stated that the standards of specifications are to the engineering community, the development community, and the public utility community the heart and soul of what they do - what they put in the ground, how they put it in the ground, and what the County expects them to put in the ground. He stated that staff would like guidance from the Board, this date, on the following five issues, in order to enable them to start developing an appropriate framework and put together some packages for the Board to consider.

1. Updating the Water/Wastewater Master Plan

2. Policy Guidelines

3. Standards and Specifications

4. Developers' Agreements

5. Ordinance

Mr. Marc Walsh, P.E., Post, Buckley, Schuh & Jernigan, Inc., appeared before the Board stating that he has been involved with the Board and staff since 1987 on the issue of the Water/Wastewater Master Plan, at which time he displayed and reviewed various maps and a chart indicating water/wastewater connection fees for various cities in Florida, as well as other counties and utilities. He stated that approximately two years ago the Board approved the creation of an MSBU/MSTU, countywide, for provision in some future scenario of water/wastewater.

Mr. Walsh stated that they looked at the following service areas - the Astor area, the northeast area (Wekiva River area), the northwest area (Lady Lake area), and the simple service area (a large basin bordered on the south by Hwy. 50). He stated that a separate master plan was authorized by the Board just to address the south lake area (Hwy. 27 corridor down to Polk County). He stated that these five areas were areas that they targeted, to try to narrow in on where the growth would be, both existing and future, and developed what they felt was a good economic basis to determine cost effectiveness, so that whoever would be the provider of service would have to look at the provision of service, not necessarily from an environmental standpoint, but from an economic standpoint.

Mr. Walsh stated that the master plan was established and used to develop the elements in the Comprehensive Plan, based on cost effective criteria, which was used as a tool in designing systems to determine where the breakpoint is in cost effectiveness - where it is not cost effective to provide centralized sewer.

Mr. Walsh stated that they picked Lake County as their goal to have a water impact fee, setting the cost of capacity at $925.00 and wastewater at $2,000.00, in order to keep the total figure under $3,000.00, which he noted they considered at that time to be the general cost of water and sewer service in Central Florida. He stated that this figure was a guideline they used, that they knew any system that was designed and laid out that cost less than that was cost effective to its end user, the customer, whoever the service provider would be.

Mr. Walsh stated that the focus two years ago was the tremendous amount of development in the South Lake service area, noting that they had set up three sub-regions within that one area - the north, central and south. He stated that it is the south subregion that the Department of Community Affairs is focusing on, as an issue, noting that the north subregion will lend itself to an expansion of Clermont, at some point in the future, and the central

subregion takes care of itself. He stated that the south subregion is broken down into a very high density residential development of a whole series of DRIs and PUDs, which he noted has been scheduled for an eventual buildout.

Mr. Walsh stated that the end result two years ago left them with a variety of implementation tools, noting that there was a whole variety of work product that Post, Buckley, Schuh & Jernigan (PBSJ) staff had produced, among them interlocal agreements which had been drafted as a standard beginning point between the cities, the County and private utilities, and between counties; however, he noted that said agreements have been sitting on a shelf. He stated that the Developer's Agreement and the Interlocal Agreement are interrelated.

Mr. Walsh stated that another document that was prepared was a set of design standards, taken from a framework which Orange County created for other counties to modify and use, case by case, which he noted is being used all across the State. He stated that they have met on numerous occasions with the Board, individual cities, and private utilities to get input into what the hot issues of this design document are. He stated that this document has also been sitting on the shelf waiting for the need to implement it, noting that there has been a lot of hard work involved in getting it to a point that is fairly workable. He stated that the purpose of his being present, this date, was to support staff, receive direction from the Board, and answer any questions they might have. Discussion occurred regarding the design standards, at which time Mr. Barker, Director of Environmental Services, stated that

there were several rounds of discussion about this document; however, he did not know whether all the incorporated comments had been revisited by staff with the various cities and municipalities, therefore, would suggest taking the comments from this meeting, put together a document, and go back through another round of discussions with the cities.

Commr. Cadwell questioned how the County's design standards are reflected with the various municipalities, at the present time, to which Mr. Barker responded that he felt they were fairly close to what the cities are using. He stated, however, that staff would like to go back and coordinate with the various municipalities and service providers.

Mr. Barker stated that another crucial document is the ordinance and that staff would like to adequately address unincorporated areas, that fall within certain service areas, that may be established by the municipalities. He stated that, through the ordinance, the County can provide some flexibility to deal with some of the problem areas, noting that he felt the interlocal agreement would go a long way in doing that.

Discussion continued, at which time it was noted that, concerning the issue of design standards and specifications, the County has a draft that has gone through significant review, and staff now has the opportunity to take that review and put it into a final draft which could be submitted, not only to the cities and private utilities, but to others in the development community, to be brought back to the Board, for further discussion, at a later date. It was the consensus of the Board to do so.

Mr. Charlie Bowman, Wastewater Treatment Director for the City of Leesburg, appeared before the Board stating that he had met with them in early 1991, regarding the issue of specification standards, and, at that time, made some changes that were never incorporated into the plan, at which time Mr. Barker, Director of Environmental Services, interjected that staff is requesting the Board to allow them to incorporate changes, such as the ones alluded to by Mr. Bowman, into the plan, to bring back before the Board, at a later date, for consideration and adoption.

Commr. Swartz directed staff to put said document together, based on the present review, allow approximately 30 days for input from those individuals who will review the document, and then, in

approximately 60 days, have a draft copy that the Board can obtain additional input on.

Commr. Swartz brought up the issue of future connections, for discussion, questioning how the Board wished to deal with the matter. He stated that, whether they use a Developer's Agreement or have an ordinance, the Board still has to give staff some direction. He stated that in a lot of PUDs, some language has been inserted that states that through whatever mechanism, be it a Developer's Agreement, they will guarantee that future connections for water and wastewater to a regional or semi-regional system will occur; however, the fact is that none of it is occurring and the Board needs to decide how they want to deal with that issue. He stated that there are developments that are in the ground and some that will shortly go in the ground and staff needs some direction on how to deal with the issue.

Mr. Pete Wahl, County Manager, stated that staff would like to have in any Developer's Agreement the ability to require, in conjunction with the probable location of a regional collection system, some citing at the interim plant, due to the fact that some substantial costs can be added to large subdivisions, depending on the location of the interim facility.

It was the consensus of the Board that on developments which, based on criteria that is in the Comprehensive Plan, require future connection or immediate connection to a central sewer, to create, either through an ordinance or Developer's Agreements and PUDs that are approved, language which will ensure that the infrastructure goes in the ground and is, in fact, connected to a system initially and with the ability to, at some future point, either convert that system into a regional plant, or be able to connect to a regional plant.

Commr. Swartz stated that he did not have a problem with allowing some flexibility, but, if they did not start with something that ends up with lines in the ground and the plant in place, it will not happen, therefore, for those projects that it is

clear they have not proceeded so far as to make it either unreasonable or impractical to meet some of the requirements, that they begin to come under some of them, whether it be straight zoning or through PUDs.

Regarding the issue of projects that are at various stages of review, Mr. Wahl, County Manager, stated that, for projects where there is sufficient density, however, they have not come forward with either final construction drawings or for final plat approval, he feels it may be appropriate for the County to go back in and require that those systems include the utility infrastructure, prior to approval of the final plat, to which Commr. Swartz concurred.

Mr. Barker stated that, if the construction plans have been approved, it will boil down to how far into construction a project is, which he noted is going to be a judgment call. He stated that he feels it may be too late if it occurs after construction plan approval, however, if it is prior to construction plan approval, the majority of the development community can probably live with it. He stated that this is something that staff can work with and come back with a policy for the Board to review. He stated that staff can give the Board some direction as to what they feel is reasonable and it will give them a chance to coordinate with the affected parties.

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator and Director of Development Regulation Services, appeared before the Board stating that he felt this was a touchy issue for a lot of people. He stated that, in his dealings with the development community, the issue of vested rights comes up every day. He stated that a lot of people went through the process over the past four years anticipating a central water and sewer system, some with septic tanks and some with package treatment plants, and what the Board is now saying is that they will either have to dry line their systems or expand their package plants, which they had not planned for in the beginning. He stated that the main issue is a monetary one, from the developer's standpoint, as they are always looking at the bottom line - how to afford to do the project.

Mr. Stubbs, One Stop Permitting Center Coordinator and Director of Development Regulation Services, stated that, if the Board is going to change the game plan in midstream, then they need to give the developers some type of vested rights for the phase that they are already in and have expended money on, and maybe a change before they go forward for the second, third, or fourth phases of their project. He stated that, as long as the County is reasonable to that end, he feels that the developers will be reasonable also. He reiterated the fact that he feels the Board needs to give the developers the opportunity to apply for a vested rights determination on a project before they change the game plan on them.

Mr. Bob Mandell, President of Greater Construction Company, appeared before the Board and discussed problems developers would be faced with, concerning the issue of hooking up to a water/sewer system after construction has already been started in a development, noting that, to do so, would adversely affect the developers. He also discussed problems developers are faced with concerning the issue of financing.

Mr. Jim Bible, Greater Construction Company, appeared before the Board stating that every development was going to be different, noting that there would be more flexibility in larger developments than in smaller ones. He feels that they will have to be looked at individually. He stated that, if the County is going to require dry lines, because they anticipate service in the area, whether it be water or sewer, they need to make sure that there is some kind of time certain involved, otherwise, the developers will be throwing their money away.

Mr. Wahl, County Manager, suggested that the Board handle the issue of dry lining with a great deal of caution, noting experiences he has had in the past with the matter.

Mr. Barker, Director of Environmental Services, stated that the County always has the option of customizing the system through a Developer's Agreement, even if it is not a requirement of the PUD. He stated that, if the subdivision is going to be a mile of the proposed regional or subregional facility, this may be the time to dry line, because it will be there in a short period of time, where if it is going to be 20 miles away, it may not be appropriate. He stated that this may be something that the County can look at and determine which way to go.

Commr. Swartz questioned the fact that, if a project does not have final plat approval or approval of construction drawings, whether the County should require that they be brought into the system for the necessary utilities. It was the consensus of the Board that they be required to do so.

Mr. Wahl, County Manager, stated that he would like to see a little more flexibility, noting that he felt staff should conduct a review, because there are going to be some very small subdivisions where it may not be economically feasible for them to do so.

Commr. Swartz then questioned the fact that, on projects that have gone through the process to a point where they have either of the approvals alluded to earlier, or a particular phase done, should staff try to develop some criteria relative to a reasonableness and feasibility of trying to, for latter phases, provide for those systems. It was the consensus of the Board that they should.

Commr. Swartz stated that, while he felt the Master Plan and the South Lake subregional document that was prepared is a good document and contains a lot of information that will be helpful to the Board, as they go forward, feels that it was prepared prior to the Comprehensive Plan and is a very broad shotgun approach of Lake County. He stated that now there is a plan that allows the County to provide a little more focused direction. He stated that he did not want to see the Board try to update the shotgun approach,

noting that he did not feel it would be beneficial, as it would end up back on the shelf, with a future Board doing the same thing that this Board is doing. He stated that it would be premature to update the Master Plan, at all, until they do the first four things that they discussed and until they get further down the road on the real development opportunities within the Comprehensive Plan.

Mr. Barker, Director of Environmental Services, suggested that staff bring back to the Board some ideas on how to best handle the issue of the Master Plan, for discussion at a later date.

It was noted that staff would review the issues discussed this date and come back with some proposals, if there are areas that the Board wants to update, particularly concerning the Master Plan.

Discussion occurred regarding the County entering into agreements with private utilities for the provision of water/sewer services, in exchange for franchise fees, which provide some revenue to the County but do not necessarily put the County in direct operation of the facilities.

Mr. Barker, Director of Environmental Services, interjected that there are other mechanisms involved, one being the MSTU/MSBU ordinance that is in place to help finance those mechanisms. He stated that the County should be able to use a series of funding mechanisms so that service can be provided without the County physically going out and buying the plant or putting in the lines, etc.

Commr. Swartz stated that, as the Board goes forward with this process, they invite comments from the cities, private utilities, and those in the development community, as well as those who represent people in the development community. He stated that one of the issues that needs to be dealt with is the fact that there are different policies within the cities that have utilities and the County needs to work with them to see if they can be worked into this system.

Mr. Barker, Director of Environmental Services, stated that another issue that needs to be dealt with is that of the Post,

Buckley, Schuh & Jernigan contract, noting that it is finalized and due to the fact that this matter falls outside their scope, staff would like to come back with a modified scope. It was noted that the Board would look into the matter.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:20 p.m.

_____________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

____________________________________

JAMES C. WATKINS, CLERK

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