A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 20, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, August 20, 1985, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: James R. Carson, Jr.; C. A. "Lex" Deems; and Claude E. Smoak, Jr. Commr. Windram was not present for the meeting. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director: Bill LeHeup, Budget Analyst; and Toni M. Austin, Secretary.

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

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of August 13, 1985, as amended.

APPOINTMENTS-RESIGNATIONS/BONDS/PROPERTY APPRAISER

Mr. Watkins, Clerk, informed the Board that a letter had been received from Mr. Freddie G. Garner, Superintendent of the Lake County School Board , stating that Georgia M. Phillips and Charles B. Beals had agreed to serve on the Property Appraisal Adjustment Board.

At this time Commr. Smoak, Commr. Burhans, and Commr. Deems volunteered to serve on the Property Appraisal Adjustment Board with the meetings tentatively scheduled for September 23-24, 1985.

BONDS - CONTRACTOR

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

New

1294-85 Vernon D. Love dba Bud's Plumbing (Plumbing)

4292-85 Clyde M. Turner (Building1

4293-85 Johnson Electrical Contractors, Inc.

4294-85 Forest J. Shutt dba Imperial Electric Inc. (Electrical)

4295-85 Errol W. Johnson dba Par Electric of Florida, Inc. (Elec.)

Cancellations

1455 Gary Tinney dba Sun State

4085 Robert E. Mims dba Airtron, Inc.

LICENSES AND PERMITS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following gun permits

and bonds:

Additions Renewal

Donald W. Connelly William C. Birr

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following Satisfaction of Assessment Liens:

Florida Fruitland Park Tropical Homesites

Charles A. Buxton, Sr. $542.20

Catherine Shepherd 336.00

BONDS/EDUCATION

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the District Board of Trustees of Lake-Sumter Community College Public Official Bonds for Thomas E. Cox and Randall N. Thornton, subject to the legality of Lake County Officials' signatures for Sumter County residents.

REPORTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending August 9, 1985, in the amount of $16,188.20.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved payment of Warrant #50461 through Warrant #50712 for the following accounts:

General Revenue Fine & Forfeiture

County Transportation Trust Revenue Sharing

Mosquito Control Law Library

Aquatic Weed Northeast Hospital

Northeast Ambulance Northwest Ambulance

Section 8 Private Industry Council

Landfills Countywide Library

Special Assessments

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

Ms. Janet Dabney for Howard West/District #l/$50

Montclair Village for Nellie Walker/District #l/$25

Ruth Dixon for Sampson Perryman Jr./District #l/$50

Baird Mobile Homes for Joann Lafreniere/District #l/$50

ACCOUNTS ALLOWED/BIDS/WATER AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to extend bids on the following at no additional charge for the 1985-1986 fiscal year:

Automotive Parts

Typewriter Maintenance

Diesel Fuel

Pest Control

Telephone Service

Two-Way Radio Service

Fire Extinguisher Maintenance

Uniforms

Included in the motion was approval of the request for the Lake County Water Authority to extend the following bids at no additional charge for the 1985-1986 fiscal year:

Aerial Application of Herbicides

Structure Operation & Maintenance

Aquatic Plant Control Service

CLERK/LAWS AND LEGISLATION

Discussion occurred regarding CS/HB's 213 and 321 authorizing the Clerk of the Court to assess an additional penalty of up to $4.00 per traffic infraction for funding a county or municipal school crossing guard program.

Commr. Smoak made a motion which was seconded by Commr. Deems to refer the information to the County Administrator to contact the School Board and the cities that implement such programs and seek from them their assistance in devising a program to better improve these school crossings in Lake County.

Discussion continued regarding the procedures for handling the funding and clarification of the motion being to investigate to see if there is an interest for such a program in Lake County, with Mr. Watkins and Mr. Willett having time to obtain figures that might be generated and an equitable source of distribution.

Noel E. Griffin, Jr., Sheriff, informed the Board that the three schools located in Altoona, Bassville Park and Rimes in Leesburg have no guards.

The Chairman called for the question and the motion was approved unanimously.

BONDS/EDUCATION

Chris Ford, County Attorney, stated that he saw no legal problem with the Board approving Public Official Bonds for Sumter County residents, but would research and report back to the Board.

MUNICIPALITIES

Commr. Smoak discussed with the Board a problem on the east side of Clermont with telephones. He stated that two miles east of Clermont is a 305 exchange, with Montverde and Ferndale being able to call toll free either in 904 or 305 exchanges. He requested that the County Administrator contact the telephone company to see if there is anything that can be done, with the assistance of the Board of County Commissioners, in supporting a move to have the same type of service, which is in Montverde, as an optimum or as a minimum toll free calls within the corporate boundaries of Lake County.

Mr. Chris Giachetti, Sheriff's Department, informed the Board that after a survey approximately one year ago, the majority of people preferred to stay the way they are at the present.

Commr. Smoak requested that Mr. Willett work with Commr. Carson, Sheriff Griffin, and Mr. Giachetti on the telephone problem east of Clermont.

COMMUNICATIONS/LICENSES & PERMITS/TAX COLLECTOR

Commr. Smoak discussed with the Board the problem of telephone solicitation of businesses, and requested that Chris Ford, County Attorney, investigate to see if these individuals need occupational licenses, and if they should be registered with the County.

COMMUNICATIONS/GRANTS/ROADS-COUNTY AND STATE

Commr. Smoak informed the Board that he met with Mr. Phil Reese, Chairman of the Orange County-Orlando East-West Expressway Authority, and Governor Graham in Orlando to discuss a proposal to fund a 40 million dollar grant. He stated that Governor Graham agreed to schedule a meeting between the representatives from Tallahassee DOT, the regional DOT, and the Expressway Authority to discuss the local proposal, which he would be interested in, if it increased the traffic load on the Sunshine Parkway in the area least used, which is from the Highway 19 interchange to the Ocoee-Winter Garden interchange. Commr. Smoak further stated that the Governor was extremely interested in the prospect of a toll road opening on Highway 50 at the Orange County-Lake County line. POLLUTION CONTROL

Commr. Smoak stated that it was brought to his attention that there have been permits issued for thirteen (13) 16" deep water wells in the Floridan aquifer in South Lake County on the east side of Lake Louise; and an additional thirteen (13) wells 16" in diameter just inside the Orange County line. All of these wells will be located approximately in a five square mile area. He stated that the project is part of the overall plan of the Conserve Two Project; however, it was never a part of the public presentation made before the Board of County Commissioners to allow Lake County properties to be used. Commr. Smoak stated that he intended to pursue information on the use of the wells, specifically to the contractual agreement with people who are going to let their land be used for freeze protection. He stated that his concern was the future potential use of those wells should they not be used for that purpose, and should they become a potable water well fill. Commr. Smoak stated that he will continue to keep the Board informed and has presented Mrs. Paulette Muller, Director of Pollution Control, the information that he has received. Orange County intends to begin its project sometime in the fall. Commr. Smoak stated that there are no restrictive clauses in the permits from St. Johns Water Management District.

BUDGETS

Sheriff's Department Noel E. Griffin, Jr., Sheriff of Lake County, addressed the Board to discuss the Fair Labor Standards Act and the effect it will have on the Lake County Sheriff's Department. Sheriff Griffin stated that the dispatchers would not be exempted, which would result in the hiring of five (5) new dispatchers, in the amount of $76,000, or paying overtime in the amount of $11,300.

Mr. Frank Kruppenbacher, Attorney representing the Lake County Sheriff's Department and the Sheriff's Association, appeared before the Board and stated that he would be able to provide the Board with a definitive opinion regarding overtime and exemptions to the Fair Labor Standards Act, by the end of the week.

Discussion occurred regarding the Department of Labor performing an audit of the Sheriff's Department in the future. At this time Mr. Kruppenbacher recommended that the Sheriff's Department not get into a bi-weekly concept pay period.

COMMITTEES/BUDGETS

Discussion occurred regarding any of the Commissioners having to declare a conflict of interest because of their connection with the Economic Development Council.

Chris Ford, County Attorney, stated that he did not feel there would be any sort of conflict of interest or any private gain to any of the Commissioners, but would research and report back to the Board.

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board and discussed alternatives for fire structure assessments for commercial and industrial use. At this time a three page memorandum was presented to the Board members for review. He stated that with the proposal for adjustment there would be a reduction of revenue in the approximate amount of $76,000. He further stated that the following would be the most equitable solution to the problem until more sufficient time was given to develop a different formula for next year's assessments:

o-50,000 6c

50,001 - 100,000 4c

Over 100,000 2$

Discussion occurred regarding property owners being able to object to the fire structure assessment at the Property Appraisal Adjustment Board.

Mr. Hubert H. Hartman, Mt. Dora, appeared before the Board and discussed the structure taxation stating that there was a problem with people getting the services and not paying for them. He stated that everyone should be contributing and suggested the Board work towards the ad valorem sector.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the recommendation of Mr. Chuck Sowers and staff and approved the sliding scale as indicated above according to the size of the individual building, to be instituted as a part of the structure tax for fire protection in Lake County.

ZONING/PROPERTY APPRAISER

Case #82-85-3 and CUP 982-3, Beatrice Ettinger

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board postponed action on the above zoning cases until September 3, 1985, at 11:OO a.m.

Commr. Smoak requested that the County Attorney's Office, in conjunction with the Property Appraiser, develop a format in order to answer questions of citizens seeking answers from the Property Appraisal Adjustment Board, regarding the imposition of the structure tax for fire protection.

COMMITTEES/BUDGETS

Discussion occurred regarding funding for the Economic Development Council. Commr. Deems suggested placing the funds into the Contingency Fund until the problems can be resolved and information can be provided as contracted.

Commr. Smoak declared a conflict of interest because of being a Board member and a dues paying member and supports the versification of jobs in Lake County and secondly, because of owning land zoned industrial.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved to place the Economic Development Council funds for 1985-1986 into the Contingency Account of the General Fund.

Commr. Smoak declared a conflict of interest.

BUDGETS

Sheriff's Department Discussion continued regarding overtime for the Sheriff's Department and exemptions that will be allowed. Chris Ford, County Attorney, stated that Mr. Frank Kruppenbacher will try to provide an explanation of all job classifications after consulting with the Department of Labor. Mr. Ford stated that he felt lawsuits will be seen in the future, but if the County complies with the Labor Department, there will be less risk of double damages.

INSURANCE

Mr. Homer Royals, Jr., appeared before the Board to discuss costs incurred by his father-in-law for a garage that he constructed. At this time Mr. Royals requested that the County issue a check in the amount of $6,927 to cover the costs for the construction of the new garage, with the County being reimbursed by the insurance company. He stated that he has consulted with Kathy Barnett, Insurance Coordinator, and was informed that the insurance company plans on honoring the claim.

Chris Ford, County Attorney, recommended that the County not pay, because it will jeopardize the payment plans, but will consult with Miss Barnett and inform Mr. Royals of a decision. ACCOUNTS ALLOWED/BUDGET TRANSFERS/AGRICULTURE CENTER

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Terry Courneya, Director of the Agriculture Center, for the transfer of funds in the amount of $500.00 from account #Ool-537-l-00-43-000- 62 equipment maintenance to account #Ool-537-l-00-43-000-520 operating supplies to permit payment of repair services on computer equipment owned by the University of Florida and placed at the Lake County Agriculture Center for use by the County Extension Staff.

ACCOUNTS ALLOWED/SOIL CONSERVATION

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the travel request for Frank Paulhamus, Charles Russ, and Eileen Schweiger to attend the.Annual Florida Association of Soil and Water Conservation Districts in Sebring, Florida, September 11-13, 1985, in the amount of $575.00.

INSURANCE (CONT'D.)

Mr. Ford informed Mr. Royals that Miss Barnett was contacting the Chicago insurance office to get the status of the claim.

Mr. Ford recommended the County not pay the claim until the County was notified that the claim would be paid and let the insurance company pay to avoid problems with reimbursement.

COUNTY ADMINISTRATOR'S AGENDA BIDS/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise to bid three (3) 12-14 cubic yard dump trucks to be paid out of the 1985-1986 budget.

ROADS-COUNTY AND STATE/ROAD PROJECTS

Mr. Michael C. Willett, County Administrator, stated that the decision to postpone the resurfacing project of C449 Silver Lake Drive until spring was to cut down the shoulders because of safety problems and to replant the grass at that time.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise the resurfacing of C-449 Silver Lake Drive at an estimated cost of $103,000 with the recommendation of timing from Mr. Willett.

MUNICIPALITIES/ACCOUNTS ALLOWED/SIGNS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Groveland to purchase five (5) stop signs at a cost of $345.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for partial payment to Lake Contracting Co., Inc. for Project No. 11-85 Emeralda Island Road in the amount of $57,225.00.

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board accepted a right-of-way deed from James A. Scobie - Lk. Burns Road #5-7573.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase a drafting table at an estimated cost of $450.00, for the Planning Department.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for Dan Kotulla, Planning Director, to attend the 35th Annual F.P.Z.A. Conference in Bradenton, Florida, October 2, 1985, through October 3, 1985, at an estimated cost of $227.00.

Included in the motion was approval of attendance to the conference by Jerry Sexton, Director of Development.

Mr. Willett informed the Board that Mr. Kotulla will give a presentation the first meeting in November after his return.

ACCOUNTS ALLOWED/CODE VIOLATIONS/CLERK

Commr. Burhans suggested to the Clerk that the secretaries for the Board of County Commissioners attend the seminar titled "Dealing with Angry People" at Valencia Community College.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to send the Code Enforcement Officers (2), Code Enforcement Administrator, Zoning Administrator, and Chief Building Inspector to a seminar titled "Dealing with Angry People", at Valencia Community College on September 12, 1985, at a cost of $125.00.

Included in the motion was the approval of attendance to the seminar by the secretaries in the Board of County Commissioner's Office.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for Jerry Sexton, Director of Development, to attend the Florida Planning &.Zoning Association's 1985 Annual Conference in Bradenton, Florida, October 2, 1985, through October 4, 1985, at an estimated cost of $202.00.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to reimburse Melanie Hicks, Executive Secretary, $24.00 for tuition upon success-ful completion of a shorthand course at Lake County Vo Tech.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for payment of a Mobile Home Bond to Robert Pyle, Pine Lakes Area, District #4.

COMMUNICATIONS

Mr. Michael C. Willett, County Administrator, discussed with the Board previous actions that have occurred regarding the CARL application for Seminole Woods. Mr. Willett recommended that the Board support this particular area.

Discussion occurred regarding a meeting scheduled today in the County Administrator's Office with Seminole County's Attorney and DOT. Chris Ford, County Attorney, informed the Board that the attorney from Seminole County has informed him that Seminole County has been supporting the project and that DOT is interested in trying to get Lake County to secure the railroad right-of-way coming across the Wekiva.

ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase one secretarial desk and one typewriter at an estimated cost of $l,lOO.OO for the County Administrator's Office.

COMMUNICATIONS (CONT'D.)

Discussion continued regarding the CARL application with Mr. Willett recommending that the County go by its priorities and approve the purchase of Seminole Woods.

Commr. Smoak stated his reservations for the purchase being the kind of money to purchase the property and the quantity of land the County wishes to acquire.

RECESS & REASSEMBLY

At 11:45 a.m. the Board recessed for lunch and reconvened at 2:oo p.m. for the remainder of the County Administrator's Agenda.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

ROAD CLOSINGS - Sixth Street, Craig's Addition - Petition #382

Mr. Lou Tally, representing the petitioner, appeared before the Board and stated that an easement had been executed by himself and Mr. Jones, the Attorney representing Orelco.

It was noted that the proper proof of publication was on hand as it appeared in the June 6, 1985, and June 13, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to vacate Sixth Street lying between the Northern right-of-way of Sorrento Avenue (State Road No. 46) and the Southerly line of the Atlantic Coast Line Railroad right-of-way, all as shown on the Plat of Craig's Addition to Sorrento as recorded in Plat Book 1, Page 59 of the Public Records of Lake County, Florida, by Lou Tally, Attorney, for Pharoah N. Silcox, Jr. as per Petition No. 382.

ROAD CLOSINGS - Unnamed Roads and Lots, Plat of Higley -Petition No 387

Eloise Sopocy was present to discuss this request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the July 25, 1985, and August 1, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to vacate unnamed Roads and Lots 5,6,7,8,9,10,11 and 12 and Lots 21,22,23,24,25 and 26 o f the West half of Block 29, Plat of Higley (unrecorded) in Section 2, Township 18S, Range 25E, Lake County, Florida by Carol A. Riebel as per Petition No. 387.

ROAD CLOSINGS - Oden Street - Petition No. 388

Mr. Paul Graedel, Mt. Dora, appeared before the Board to object to the rezoning, and stated that he saw no reason to close the road. He further stated that you would have to travel some distance in order to use another entry, and that the vacation was only for the placement of a home.

Discussion occurred regarding letters of objection that had

been received.

Mr. Art Queen, representing several of the property owners on the street, appeared before the Board and stated that they approved to the vacation so that variances can be obtained to build better homes.

It was noted that the proper proof of publication was on hand as it appeared in the July 25, 1985, and August 1, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to vacate Oden Street lying Southeast of Prestwick Avenue and Northwest of Biltmore Street, between Blocks 79 and 80 of Mt. Plymouth Section A of the Public Records of Lake County, Florida by Grady Whittenburg as per Petition No. 388.

Commr. Burhans voted "No".

ROAD CLOSINGS - Road rights-of-way, Plat of Higley -Petition

No. 389

Mr. Michael C. Willett, County Administrator, stated that this request for a road vacation may cause more of a problem for the property owners who will have to go all of the way south to get out.

Mr. Lee Tourville, Leesburg, representing his ex-wife, who owns Lots 3 and 4, appeared before the Board to object to the road closing.

Mrs. Hughes, property owner, appeared before the Board to object to the road closing.

Mr. Buzz Bowen, representing Mr. Richard Pennington, appeared before the Board and stated that Mr. Pennington was willing to give a recorded easement to Mr. Tourville, provided that four (4) five acre lots could be constructed.

Mr. Tourville stated that he needed the 25 foot strip down the middle in order to allow two 10 acre parcels that will be buildable.

It was noted that the proper proof of publication was on hand as it appeared in the July 25, 1985, and August 1, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the plat as presented to create four 5 acre tracts out of two 10 acre tracts located in Higley Subdivision specifically identified by a survey conducted by George W. Farner, registered surveyor, presented as part of the record at this Board of County Commissioners meeting.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board denied the request to close road rights-of-way along the West, South and East boundary lines of Lots 1 and 2, Block 26 of the Plat of Higley (unrecorded) Section 3, Township 18E, Range 255, Lake County, Florida by Seasons South Enterprises, LTD. as per Petition No. 389.

ROAD CLOSINGS - A part of Chemung Place, Plat of Indian Hill -Petition No. 390

Mr. Steve Richey, representing the petitioner, appeared before the Board to request a 30 day continuance in order to work out some of the title problems that have evolved.

Mr. Gene Vance, owner of Lakeside Motel, Leesburg, appeared before the Board to object to the road closing. He stated that his concerns involved the effect on the value of real estate and will prohibit the development of the rear lots. He stated that the motel purchased the property with the existing road, and there would be no way to bring in construction crews should the road be closed.

Mr. Richey clarified the 10 foot easement that runs behind the lots that Mr. Vance owns, and that the request for continuance was so that he would have time to create a passable easement for Mr. Vance.

It was noted that the proper proof of publication was on hand as it appeared in the July 25, 1985, and August 1, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed the request to vacate a part of Chemung Place shown on the Plat of Indian Hill, from Dixie Highway (US Hwy. 441-27) to water's edge (Lake Indiola) by Roger Bonynge, PUC from L. D. Jenkin, as per Petition NO. 390 until September 17, 1985, at 2:00 p.m. or as soon thereafter as possible.

ROAD CLOSINGS - Pine Lakes Subdivision - Petition No. 391

Mr. Michael C. Willett, County Administrator, presented a summary of what has taken place since June, 1985, regarding this particular road closing request.

Mr. Richard Arthur, petitioner, was present to discuss this request.

Mr. Willett read a letter of objection.

It was noted that the proper proof of publication was on hand as it appeared in the July 25, 1985, and August 1, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to vacate the West 25 feet of Lot 5, Block E, Pine Lakes Subdivision, as recorded in Plat Book 12, Page 68 of the Public Records of Lake County, Florida by Richard L. Arthur as per Petition No. 391.

ROAD CLOSINGS -PERMISSION TO ADVERTISE

Petition #392 - A portion of Park Street

Mr. Michael C. Willett, County Administrator, informed the Board that he has already received opposition on this request.

Mrs. June Quattlebaum was present to discuss the request. On a motion by Commr. Deems, seconded by Commr. Carson and

Carried, the Board granted permission to advertise to vacate a portion of Park Street described as the South 20 feet of the East 173 feet of the West 198 feet of the Southeast l/4 of the Northeast l/4 of the Northwest l/4 of Section 21, Township 20 South, Range 25 East, Lake County, Florida by J. David Quattlebaum as per Petition No. 392.

Commr . Smoak was not present for the vote.

Petition #393 - A portion of Treasure Island Avenue

No one present wished to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board granted permission to advertise for vacation of a portion of Treasure Island Avenue (Dist. 5- 725), of Treasure Island Shores as recorded in Deed Book 278, Page 313 of the Public Records of Lake County, Florida by T. R. Strumbo as per Petition No. 393.

Petition #394 - Redwood Avenue

No one present wished to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board granted permission to advertise for the vacation of Redwood Avenue from South boundary of Lot #13 to North boundary of Lot #12, Block B in Fifth Addition to Section 4, Mt. Plymouth, a subdivision in Lake County, recorded in Plat Book 10, Page 43 of the Public Records of Lake County, Florida by Janemarie McDaniel as per Petition No. 394.

Petition #395 - Close Road rights-of-way, "Lake Highlands Company Subdivision"

Mr. Michael C. Willett, County Administrator, recommended that the lots be vacated also.

Commr. Smoak made a motion, which was seconded by Commr. Deems, to grant permission to advertise to close road rights-of- ay lying in "Lake Highlands Company Subdivision of Section 26, Township 22 South, Range 26 East" as recorded in Plat Book 3, Page 52 of the Public Records of Lake County, Florida by Al Besade, Jr. as per Petition No. 395, and requested that in conjunction with the advertising, the petitioner be contacted and asked to vacate the lots in addition to the roads.

Mr. Barney Harrick, Orlando, appearing in behalf of the applicant, stated that he did not feel there would be a problem with the advertisement of the lots and recommended that a plat be recorded.

The Chairman called for the question and the motion was approved unanimously.

POLLUTION CONTROL

Mrs. Paulette Muller, Director of Pollution Control, appeared before the Board and discussed the building of a third moratorium this year on the Holiday Haven Sewage Treatment Plant. She stated that the Plant is located in an area that will not pass a perk test and there are operational problems. She stated that the Plant has been turned over for operation to Southern State Utilities. She further stated that there have been complaints about the effluent flowing into the canal.

Mrs. Muller stated that the subdivision was approved with this sewage plant and recommended that a permanent moratorium be placed on the sewage plant, and allow the residents in the sub-D ivison to install septic tanks.

Mr. Ben Benedum, Director of Public Works, discussed the drainage problems that come from Route 40 into the plant.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved a permanent moratorium be placed at Holiday Haven Sewage Treatment Plant and that the County Attorney's Office research ownership of the property and see if there is some legal recourse which can be taken to pinpoint an entity of responsibility.

COMMUNICATIONS (CONT'D.)

Discussion continued regarding Seminole Woods and the CARL application. Mr. Bob Fields and Mr. Carl Hammons, Planning Department, were present to discuss the aerials of Seminole Woods.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to support the CARL application for Seminole Woods and request the purchase of the property, exclusive of those areas which fall above the hundred year flood plains and are contiguous with and adjacent to the westerly boundaries of that property.

LANDFILLS

Mr. Roland Lewis, Solid Waste Manager, appeared before the Board to discuss the monitoring wells for the Astatula II Landfill. He stated that the permits have been received to construct the Astatula II Landfill. He further stated that the application has been reviewed and that DER has permitted 90 days to install the monitoring wells. Mr. Lewis stated that 15 requests for price quotes were sent and six were received back for 10 monitoring wells. He stated that these were not sealed bids.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the staff to proceed as the DER permit allows and to request sealed bids for the necessary requisite equipment needed in terms of pumps, holes and drilling.

GRANTS/MUNICIPALITIES

Mr. Bob Fields, Planning Department, addressed the Board regarding the City of Eustis making application for the Community Services Trust Fund. Mr. Fields reminded the Board of the three sub-grantees that the Board had approved to receive the funds. At this time, Mr. Fields suggested that the funds be distributed in a 75% funding for the County and 25% for the one project for the City of Eustis.

Commr. Smoak stated that he did not feel that any negotiations should be made as Mr. Fields recommended, and suggested a joint application rather than an administrative hearing.

MUNICIPALITIES/WATER RESOURCES

Commr. Smoak informed the Board of a meeting scheduled by the Clermont Chamber of Commerce for September 18, 1985, regarding the outstanding waters designation. He stated that the Board of County Commissioners endorsed the request which the Chamber had placed with the Department of Environmental Regulations. Subsequent to that time, the Chamber has amended that request and added the lands and waters up to Little Lake Harris and deleted those lands and waters south of the Polk County line.

Commr. Smoak recommended that the Board stick with the position to include the headwaters from Lake Lowery north to and including Cherry Lake.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to continue with the position which was previously established by the Board and that position be submitted to the meeting in Clermont; however, if they do not agree with that, we should support the position of what we can get from the Lake County line north of Cherry Lake.

ACCOUNTS ALLOWED/COUNTY EMPLOYEES/COUNTY ADMINISTRATOR

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

carried, the Board approved the request to hire Karen Bailey, Clerical-Assistant III in the County Administrator's Office at a starting salary of $10,000 a year.

Commr. Smoak was not present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:05 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/8-23-85