A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 4, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, September 4, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; C.A. "Lex" Deems; and Claude E. Smoak, Jr. Others present were: James C. Watkins, Clerk; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director: Christopher C. Ford, County Attorney; and Robin R. York, Secretary.

Mr. Watkins, Clerk, gave the Invocation and Commr. Deems led the Pledge of Allegiance.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Deems and

carried unanimously, the Board approved the Minutes of August 21,

1984, as submitted.

COMMITTEES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to work with the Lake County Historical Society to establish a study committee to develop plans for a Centennial celebration in Lake County, in 1987.

MENTAL HEALTH/APPOINTMENTS - RESIGNATIONS

Mr. Watkins, Clerk, informed the Board of a letter received from Janet D. Davis, recanmending another person be appointed to the District III Mental Health Board, because of a time conflict. On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board appointed Mr. Harry Spooner to represent Lake County on the District III Planning Council for alcohol, drug abuse, and mental health.

FINANCE/BONDS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the

Chairman and the Clerk to sign the Replacement Coupon - Lake County Certificate of Indebtedness, Bond Number 342, Coupon 37, as requested by Dean Witter Reynolds, Inc.

STATE AGENCIES/BUILDING COMMITTEE

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board referred the request from the State Attorney's Office for six (6) additional telephones to the Building Committee.

BONDS - CONTRACTOR

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

NEW

0045-85 Jack H. Robertson (Electrical)

0053-85 Santy N. Williams (Roofing)

0106-85 Robert G. Pohlman (General)

0254-85 Thomas F. Williams (Carpentry)

0670-85 Freeman Melvin (Painting & Carpentry)

0895-85 Dwight L. Stoffel d/b/a Stoffel Plumbing, Inc. (Plumbing)

1337-85 Andrew T. Stefl (Electrical)

1868-85 Morris C. Gulbrandson (Electrical)

3060-85 Amos E. Smith (Residential Contractor)

4159-84 Systems Design, Inc. (Plumbing)

4160-85 Charles D. Hulme, d/b/a Hulme Construction, Inc. (Class B)

4161-84 John O'Kelley (Building)

4162-85 M.E. Lighting & Electric, Inc. (Electrical)

4163-85 Norman T. Anderson d/b/a Harold Ellzey Plumbing, Inc. (Plumbing)

4164-85 Henry F. Kraftchick (Electrical)

CANCELLATIONS

0053 Santy Williams d/b/a/ Santy Williams Roofing Contractor

0106 Robert G. Pohlman

1183 David L. Delancett (Mobile Home)

1849 Alfred A. Madore (Non-Strut Carp)

3060-85 Amos Eugene Smith (Contractor)

4071 Arnoldo Zapatero d/b/a/ A & Z Conditioning

LICENSES AND PERMITS

On a motion by Commr. Smoak, seconded by Commr. Carson and

carried unanimously, the Board approved the following gun permits

and bonds:

New

James Larry Floyd, Sr. Joseph C. Smith

James Bryan Granger Gove William Vent

Jacqueline Lynn Migan

Renewal

Patricia K. Parent

Additions & Deletions

Danny Brown

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chair- an and the Clerk to sign the following Satisfaction of Assessment

Liens:

Hilltop Subdivision, Unit II

Malcolm E. Sample & Bette Jane H/W $ 230.49

Alonza D. Sample & Mabel Irene H/W 460.98

Glen Gofton 673.60

Glen Gofton 968.30

Marcel R. Desgalier Trust, Marcel R.

Desgalier Jr. Trustee 876.56

Marcel R. Desgalier Trust, Marcel R.

Desgalier, Jr. Trustee 460.98

Jean Raimist 673.60

Church of God 673.60

Arthur L. Kurtz & Rosemary B. H/W 656.76

T. W. Sullivan 993.56

Stewart F. Kinzer & Elizabeth A. H/W 631.50

Harry Konitsky 631.50

Donald L. Edmisten & Geneve H/W 631.50

Carrol L. Sarnes & Margaret H/W 631.50

Thomas L. Cooper 631.50

Mary D. Gracemyer & Earl E. H/H 673.60

Vera L. Cripe 673.60

Anthony S. Wheeler, Jack W. Wheeler, Lois

Ann Peterson, & Richard R. Wheeler 631.50

Arthur B. Brown 673.60

Kenneth L. Corle & Evonne L. H/W 294.70

Hilltop Subdivision

Joe E. Horton & Ann K. H/W $2,794.35

James Ronald Smith & Stephanie J. H/W 757.80

Logan Ramsby & Gertrude H/W 631.50

James R. Apthrope 673.60

William F. Jones & Anna Lou H/W 842.00

Marcel R. Desaglier & Helen W H/S 591.00

Rev. Marcel R. Desgalier and/or Jeannie L. H/W 591.00

Marcel R. Desaglier & Helen W. H/S 591.00

Overton Road

H. James Sharp & Nancy P., his wife $ 923.67

Picciola Harbor & Rohr's Addition

Ronald N. Tarr & Patricia G. H/W $ 372.97

Paul J. Darr & Patricia L. H/W 424.26

Paul J. Darr & Patricia L. H/W 326.05

Western Shores

Henry M. Raczowski & Virginia 0. H/W $ 567.00

Joseph H. Williams & Virginia J. H/W 567.00

Joseph H. Williams & Virginia J. H/W 283.50

Wilbur N. Nungesser & Grace E. H/W 283.50

Wilbur N. Nungesser & Grace E. H/W 567.00

Doil 0. Facemyre & Christine A. H/W 529.20.

Jesse J. Folker & Leah Jane McReynolds H/W 400.64

Raymond F. Lewis & Doris C. H/W 713.74

Lowell R. Mast & Phoebe K. H/W 672.08

Carpenter Oil Company, Inc. 851.18

Carpenter Oil Company, Inc. 627.93

Sara A. & C. E. Dixon 529.20

Thomas A. Pollock & Erma E. H/W 541.45

Robert E. Werteen & Lila J . H/W 743.07

Perry W. Kuhn, Jr. 796.75

Carroll E. Dixon & Jean C. H/W 529.20

Doil 0. Facemyre & Christine A. H/W 529.20

Robert 0. Lewis & Helen E. H/W 459.37

COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the deletion of the following Fixed Assets:

#Prop Dept. Item Amount Reason

1302 Surplus IBM Typewriter $ 400.50 To be junked

4174 Surplus Air Conditioner 313.20 To be junked

6337 Surplus Calculator 216.11 To be junked

TOTAL $ 929.81

CONTRACTS, LEASES AND AGREEMENTS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Cooperative Equipment Lease between the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry, and the Lake County Board of County Commissioners, for the Shockley Volunteer Fire Department, Inc.

COURTS-JUDGES/CLERK

On a motion by Commr. Carson, seconded by Commr. Deems and

carried unanimously, the Board accepted the Satisfaction of Judgments for Glenn A. Cochran, Case #82-10834TT, ($250.00) and Dora Scott Barther, Case #84-10269TT54, ($250.00) and authorized the signatures of the Clerk and Chairman.

RESOLUTIONS/FINANCE

On a motion by Commr. Carson, seconded by Commr. Deems and

carried unanimously, the Board approved and authorized the signatures of the Clerk and the Chairman on the Resolutions authorizing the following to transmit funds to the Board of Administration:

Robert L. Wilson

Linda K. Carter

Charlene M. Clancy

Regina M. Cassidy

REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending August 17, 1984, ($9,910.68).

CONTRACTS, LEASES AND AGREEMENTS/MENTAL HEALTH/MUNICIPALITIES

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the following lease renewals for one year:

1. R-26 Lake Sumter Community Mental Health Center Treatment Alternatives to Street Crime (TASC), 112 Sinclair Avenue, Tavares.

2. R-21 Lake Sumter Community Mental Health Center Rainbow's End Drug Prevention and Treatment Program, 401 West Main Street, Tavares.

3. M-118 City of Mascotte - Portion of Maintenance Barn on Highway 50 for Volunteer Fire Department.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved to pay warrant #42441 through warrant #42749 for the following accounts:

General Revenue Fine & Forfeiture

Mosquito Control County Transportation Trust

Law Library Aquatic Weed

Section 8 Law Enforcement Trust Fund

Private Industry Council Landfills

Countywide Library

Included in the motion was approval of payment for the following indigents for the month of August:

Gary McCutcheon for Twyine Littlejohn/$30.00/District #1

Charles Robinson for John A. Smith/$50.00/District #4

Bill Ryland (FMHA) for Glenda Smith/$50.00/District #5

AMBULANCES-HOSPITAL DISTRICTS/COMMUNICATIONS

Commr. Burhans informed the Board of a letter received from Dr. June Atkinson, Director, Lake County Health Department, requesting the Board to write a letter of support, designating Lake County as a Manpower Shortage Area for obstetrical services.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to support the application seeking designation of Lake County as a Manpower Shortage Area for obstetrical services.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Noel E. Griffin, Jr., for monies in the amount of $889.00, as reimbursement for expenses incurred in sending employees to attend the F.B.I.N.A.A. and the Florida Sheriffs Association 1984 Regional Training Seminar.

ACCOUNTS ALLOWED/SOIL CONSERVATION

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request from Soil Conservation to send Charles Russ, Frank Paulhamus, and Eileen Schweiger to Sarasota, Florida to attend the Annual FACD Conference, in the amount of $675.00.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to rent a pan to dig a cell at the Lady Lake Landfill at a cost of approximately $4,500.00.

BUILDING DEPARTMENT/COUNTY EMPLOYEES

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved to reclassify Charlie Taylor's position of Building Official to Assistant Director of Development.

ZONING/COUNTY EMPLOYEES

On a motion by Commr. Deems, seconded by Commr. Carson and

carried unanimously, the Board approved the request for an

additional person to fill a position of Secretary III in the Zoning Department.

SIGNS/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to post "No Dumping" signs on the Edgerton Property off of C-44A.

COUNTY EMPLOYEES/PUBLIC WORKS/PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to hire Richard Yardley as Land Development Manager at a salary of $17,600 per year.

SIGNS/ROADS-COUNTY AND STATE/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to post a 25 mph speed limit sign on Hubbard Street, CR# 2-3311.

RIGHT-OF-WAYS, ROADS-EASEMENTS/DEEDS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the Drainage Easement on Watts Court from Walter and Dimple Hawthorne.

RIGHT-OF-WAYS, ROADS-EASEMENTS/DEEDS

On a motion by Commr. Smoak, seconded by Commr. Carson, and

carried unanimously, the Board accepted the following right-of- way deeds from the following:

1. John and Louise Metz - Metz Road #2-1218.

2. Margaret and Leno Galassi, Terry S. Townsend and Dennis Galassi - Timber Village Road #2-1523.

3. Surinday Singh Bedi and Patricia K. Bedi - Radio Road #l-5433.

4. Glenn and Florence Parker, Donald and Aleta Smart -Griffin Avenue #l-7807.

5. C-445 from United States of America.

6. C-445A from the United States of America.

PLANNING DEPARTMENT/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Deems and

carried unanimously, the Board approved the travel request for Jerry Sexton, Director of Development, to obtain data on Lee County's Development Impact Statement, in Fort Myers, at an

estimated cost of $100.00.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for George T. Brooks, Mount Dora area, District #4, to live in a mobile home on the same piece of property on which their conventional dwelling is being built subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon completion of the conventional dwelling or upon the request of the Board of County Commissioners.

Included in the motion, the Board approved the renewal of the following mobile home bonds:

Gary L. Johnson, South Lake County, Dist. 3

Grace C. Parker, Paisley Area, District 5

ASSESSMENTS/BIDS

On a motion by Commr. Carson, seconded by Commr. Deems and

carried unanimously, the Board approved to bid the following

special assessment projects:

1. Lakeshore Drive in Florida Fruitland Park Tropical

Homesites.

2. South Sunset Terrace in Suburban Shores.

3. Lakeview Avenue in Silver Lake Park Oveson Replat.

BUDGETS/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved 5% of the salary budget to be used for salary increases, with each county employee receiving $300.00 across the Board. The remainder of the 5% is to be used by Department heads for merit increases.

GRANTS

Carl Hammons, Senior Planner, Planning Department, presented to the Board an amendment to the Community Services Block Grant, due to one of the applicants being ineligible.

Mr. Hammons explained Dr. Moreno's agency, Childhood Development Services, was ineligible to receive the Grant money due to their request of Federal money to match Federal funds; this being an invalid use for the Grant. He stated that Dr. Moreno requested to withdraw from the Community Services Block Grant. Mr. Hammons further stated the State of Florida can make a contract amendment since no funds have been expended, if the Board is in agreement.

Mr. Hammons recommended the money be allocated among the agencies that wish to participate in the Community Services Block Grant.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized the revised distribution of the Community Services Block Grant funds, as recanmended. Commr. Smoak was not present for the vote.

PRIVATE INDUSTRY COUNCIL/APPOINTMENTS-RESIGNATIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board appointed Robbie Baird as Director of the Private Industry Council, at a salary of $19.000. In the same motion, the Board appointed Janet Strickland to be in charge of operations, at a salary of $16,500.

ASSESSMENTS/SUBDIVISIONS/BIDS

The Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #28, Cresthaven Addition.

Mr. George W. French appeared before the Board and stated he was in agreement with the lien assessment.

Elizabeth Jean Parker appeared before the Board to object to the assessment because of people driving heavy equipment on the road into a pasture located behind her property. Ms. Parker further stated that these people dump yard clippings on the lot adjacent to hers.

Commr. Carson stated that the dumping of yard clippings is a

Code Enforcement problem.

On a motion by Commr. Carson, seconded by Commr. Deems, the Board approved Assessment Roll SA-28 and awarded the low bid of $22,983.30 to Lake Contracting Company, Inc., the assessed value

per front footage being $8.80.

MUNICIPALITIES

Mr. Chris Ford, County Attorney, informed the Board of the request by Mr. Swindler, President of the Orange Blossom Gardens Homeowners Association, for the County Attorney to speak to the homeowners regarding the Lady Lake annexation.

Commr. Carson explained to the Board that Units 1, 2, 3, and part of 4 in Orange Blossom Gardens are populated at the present time. The management of Orange Blossom Gardens favors annexation, while the residents are opposed to the annexation.

Commr. Smoak stated that if these units are contiguous to existing portions which are now within the city, the only requirements for annexation would be to hold public hearings and a vote by the City Council. Commr. Smoak further stated that he felt the County should not become involved in a municipal issue.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board directed the County Attorney to write a letter to Mr. Swindler stating the County Attorney will not be speaking to the Orange Blossom Gardens Homeowners

Association due to the fact that the County has no jurisdiction regarding the annexation and to explain what procedures must be taken before the County becomes involved.

RECESS AND REASSEMBLY

At 10:20 a.m. the Chairman announced that the Board would recess until 10:30. The Board reconvened at 10:30 a.m.

COMMITTEES

Mr. Michael Willett, County Administrator presented to the Board a memo clarifying the recanmendations of the Lake County Tourist Development Council for utilization of the Resort Tax funds.

Commr. Smoak gave the background of studies done to arrive at the present recanmendations of the Resort Tax.

Discussion occurred regarding the awareness of the Public towards the Resort Tax; the intent and priorities of the proposal.

Mr. Carl Hammons, Senior Planner, Planning Department,

reiterated to the Board the Council's recanmendation to build a multi-purpose civic center, including an exhibition hall/auditorium and a sports arena, and stated the priorities set by the Tourist Development Council, which are as follows:

1. Purchase an adequate amount of land for the recommended facilities, including expansion.

2. Build the exhibition hall/auditorium as the first phase of construction.

3. To retain and continue operating in its present manner the existing County Fairgrounds until such time as a suitable replacement facility is available.

4. Build such additional facilities as needed after a

demonstration of public interest and econanic feasibility. Such an expansion could include a professional baseball complex if interest and feasibility warrant.

Commr . Burhans stated that baseball was not a priority of the Tourist Development Council.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board adopted the memorandum as presented, and directed the staff to communicate through paid advertising, if necessary, the action taken by the Resort Tax Study Committee and those actions approved & adopted unanimously by the Board of County Commissioners with the stated priorities, those being:

1. Acquisition of land.

2. Planning of an exhibition hall/auditorium complex.

Included in the motion, the Resort Tax Study Committee is to stay together as an entity and continue to make recanmendations on the future development of the project, based on the financial

capabilities of expanding.

Commr. Deems stated he felt the resort tax would pass if the public would have the opportunity at a later date, to vote on whether or not there is to be a professional baseball contract.

Further discussion occurred regarding what the general public needs to understand about the Resort Tax: that the revenue cane from a two cent (2c) tax on motel, hotel, and R.V. rental sites; to provide a facility that the vast majority of the people of Lake County can utilize; that professional baseball is not a priority.

PERSONNEL DEPARTMENT/POLLUTION CONTROL/COUNTY EMPLOYEES

Mr. Glenn W. Timmons, Personnel Director, appeared before the Board to request a merit increase for Roy Greene, field technician, Pollution Control Department.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the merit increase for Roy Greene to $13,200.00 per year.

PERSONNEL DEPARTMENT/COUNTY EMPLOYEES

Mr. Glenn W. Timmons, Director of Personnel, appeared before the Board to request permission to proceed with the Wellness Program.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to proceed with the

Wellness Program, as recanmended by Mr. Timmons.

SUBDIVISIONS/PUBLIC WORKS

Discussion occurred regarding the letter from Fred A. Morrison, Mclin, Burnsed, Marable & Morrison, Attorneys and Counselors at Law, regarding the removal of a tree dividing a road within the Orange Blossom Gardens Subdivision. No action was taken at this time.

FIRE DISTRICTS-FIRE DEPARTMENTS/COMMUNICATIONS

The Board recommended the Clerk respond by letter to Carl Waller, President, Shockley Volunteer Fire Department, Inc., that the County has not made any donations to any of the Volunteer Fire Departments and that the new system of structure tax will be available within a year or so, possibly making funds available. To be included in the letter, the County will assist in any way possible with surplus fire equipment.

RECESS & REASSEMBLY

At 11:15 the Chairman announced that the Board would recess

for lunch. The Board reconvened at 2:00 p.m.

AGRICULTURE CENTER/ACCOUNTS ALLOWED/PURCHASING

Mr. John L. Jackson, Jr., Acting Director, Lake County Extension Service appeared before the Board to request the purchase of a 4-door, 4-wheel drive vehicle.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request to purchase a 4-door, 4- wheel drive vehicle for the Ag Center, not to exceed the amount in their budget. Commr. Burhans voted no.

PUBLIC WORKS/ROADS-COUNTY AND STATE

Mr. Michael C. Willett, County Administrator, presented to the Board a copy of the Proposed Road Program for the next two years , for their review. The Program includes road construction and resurfacing.

Mr. Willett recommended that the 4-laning of C-413 be

considered, hire consultants to study the intersection and draw up new construction plans.

Further discussion was postponed until October 2, 1984.

BIDS/ROAD PROJECTS

Mr. Michael C. Willett, County Administrator, informed the Board of the three (3) bids received for Project #10-84, Wolf Branch Road. He recommended Superior Asphalt's bid of $355,628.25 with an all aluminum pipe. The low bid in the amount of $327,157.00 was received from Trac Roadbuilders, Inc. which was for an aluminum-coated steel pipe.

Mr. Ben Benedum, Public Works Coordinator, informed the Board of the life expectancy of the all aluminum pipe of 100 years versus the life expectancy of the aluminum-coated steel pipe being unknown.

Discussion occurred regarding the two bids.

Mr. Michael Gray, Trac Roadbuilders, appeared before the Board and stated the life expectancy, per Armco Steel Division, of the aluminum-coated steel is 50-75 years. He further stated the reason for their choice being that they presumed the County wanted to spend the least amount of tax dollars in construction.

Mr. Craig Butterfield, Superior Asphalt, appeared before the Board to discuss his bid with the Board. He stated that the Federal Department of Transportation feels that there is no justification or benefit to go with aluminized steel at the present time. Be further stated his company designed the best product they could, weighing the difference between the life expectancies of the two pipes.

Commr. Deems stated he felt that if aluminum-coated steel would not be acceptable, the contractors should have been told that it would not be acceptable.

Discussion occurred regarding the Design Build Bid concept.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved to reject all bids received for Project #10-84, Wolf Branch Road, and to rebid, and if there is a product that our department will recanmend against, the contractors be informed in advance. Commr. Windram and Commr. Smoak voted no.

Discussion continued regarding clarification of the Design Build Bid Concept Mr. Don Carter, Superior Asphalt, appeared before the Board regarding questions he had pertaining to the bid.

FIRE DISTRICTS-FIRE DEPARTMENTS/ORDINANCES/CONTACTS, LEASES

AND AGREEMENTS

Mr. Willett, County Administrator, presented to the Board a memo containing an amended proposed Fire District Ordinance and a draft of a proposed Interlocal Agreement. The Amended Ordinance allows existing Fire Districts to expand their area of service, defines and adds Rescue Service and defines Fire Protection Services.

Discussion occurred regarding the requirements for a Certificate of Need to be issued for a rescue service.

Mr. Willett explained the intent of a rescue service being to help accident victims out of wrecks, and not for ambulance transportation. He defined Rescue Services as stated in the memorandum and as follows: "Services employing personnel trained and properly equipped exclusively for the rescue of persons entrapped in wrecked vehicles or other hazardous circumstances. Not services to transport emergency victims."

Mr. Willett proceeded to explain Section 5.01 allowing the existing Fire Districts to expand their boundaries. The proposed amendment to Section 5.01 includes the following language: "may enter into binding contracts to provide fire protection and rescue services to persons, private developers or developments located outside the district's boundaries as from time to time may be desirable in the discretion of the Board of Fire Control Commissioners. Such contracts may provide for the payment of a fee. The Board of Fire Control Commissioners may also charge user fees for services rendered outside of the District which are not under contract."

Commr. Smoak explains that this contract legally allows the Fire Districts to expand their boundaries, as well as giving individuals the right to contract for fire protection.

Commr. Windram expressed his concern of creating too many additional districts.

Mr. Willett stated that Section 9 requires the Fire

Commissioners submit to the Board of County Commissioners the annual budget in addition to the annual audit and reads as follows:

An annual budget shall be prepared for the District by the Board of Fire Control Commissioners on such forms as may be required by the Board of County Commissioners. The budget shall be adopted by the Board of Fire Control Commissioners at the same time and in the same manner as the Board of County Commissioners adopts the County's annual budget and levies taxes as provided by law. Said budget shall contain all or such portion of the planned costs of providing the services authorized herein as the Board of Fire Control Commissioners estimate are necessary to provide such services.

Not later than January 1 of each year, the Board of Fire Control Commissioners shall make and file with the Clerk of the Circuit Court of Lake County a complete statement of the financial condition of the district. Such statement shall be audited and certified by a licensed certified public accountant. The form of the audit shall be in such format as required by the Clerk of the Circuit Court of Lake County or as required by law.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the proposed amendments to Section 5.01 of the Fire District Ordinance, the amendments and definitions be properly advertised, and the municipalities and tax supported fire districts be notified of the proposed changes and dates.

ROADS-COUNTY & STATE/ASSESSMENTS

Mr. Lavoy Winton appeared before the Board requesting Treasure Island Avenue be paved.

The Board recanmended that Mr. Winton meet with Mr. Willett to review the County's road improvement policy, and report back to the Board.

FIRE DISTRICTS-FIRE DEPARTMENTS/CONTRACTS LEASES & AGREEMENTS

Mr. Michael Willett, County Administrator, presented to the

Board a rough draft of an Interlocal Agreement regarding fire protection.

Commr. Smoak suggested adding language to the agreement to allow contracting outside of the city limits and to allow charging a user fee if called to respond..On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend the Temporary Emergency City Fire Protection Agreement to include language, substantially the same as the amendment to Section 5.01 of the Fire District Ordinance, which the Board of County Commissioners have agreed to advertise for public hearing.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board adopted the amended Temporary Emergency City Fire Protection Agreement, and directed the Agreement be made available to the cities within Lake County.

Mr. Chris Ford, County Attorney, stated his concern that

once a service is allowed, and service is not good, the County could be subject to a law suit.

It was noted that those areas not within an existing fire district that voted against the Structure Tax would not be subject to the Structure Tax.

There being no further business to be brought before the Board, the meeting adjourned at 3:55 p.m.

GLENN C. BURHANS, CHAIRMAN

JAMES C. WATKINS, CLERK

RRY/9-7-84