A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 3, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, December 3, 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.; Claude E. Smoak, Jr.; Thomas J. Windram (arriving at 1O:OO a.m.); and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Office; Robert Wilson, Finance Director: and Sandra Carter, Secretary.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.

RESOLUTIONS/BONDS

Mr. Dan Robuck, Attorney representing Ro-Mac Lumber & Supply, Inc., appeared before the Board for the public hearing regarding a Resolution authorizing the execution and delivery of a Memorandum of Agreement for Industrial Revenue Bonds for Ro-Mac Lumber L Supply, Inc., not to exceed $800,000.00.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved a Resolution authorizing the execution of Industrial Revenue Bonds for Ro-Mac Lumber & Supply, Inc., not to exceed $800,000.00.

Mr. Dan Robuck addressed the Board to request approval of the Memorandum of Agreement with Ro-Mac Lumber & Supply, Inc. On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the Memorandum of Agreement with Ro-Mac Lumber & Supply, Inc.

RESOLUTIONS/BONDS

Mr. Dan Robuck, Attorney representing Walling Enterprises, Inc., appeared before the Board to request permission to advertise for a Public Hearing to consider a Resolution authorizing the issuance and sale of Lake County, Florida, Industrial Development.Revenue Bonds for Walling Enterprises, Inc., not to exceed $1,000,000.00, for a shopping center. He further requested permission to advertise proposed issuance of Lake County, Florida, Health Care Facility Revenue Bonds for Leesburg Regional Medical Center Project, not to exceed $3,400,000.00, for a health care facility, to be discussed at the same meeting.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request to advertise for a Public Hearing to consider a Resolution authorizing the issuance and sale of Lake County, Florida, Industrial Development Revenue Bonds for Walling Enterprises, Inc., not to exceed $1,000,000.00, for a shopping center as well as the proposed issuance of Lake County, Florida, Health Care Facility Revenue Bonds for Leesburg Regional Medical Center Project, not to exceed $3,400,000.00, for a health care facility. The Board scheduled a special meeting to consider the requests for December 19, 1985, at 9:00 a.m.

Commr. Carson abstained from voting and declared a conflict of interest, because he is employed by Leesburg Regional Medical Center.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of November 12, 1985, and November 19, 1985, as presented.

ACCOUNTS ALLOWED/CLERK

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of micro- film equipment for the Clerk of the Circuit Court at a cost of $26,134.50.

LICENSES AND PERMITS

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

NEW RENEWAL

William Thomas Bland, Jr. James C. Simmons

Barry Franklin West

Ralph A. Cinicola

June G. Cinicola

BONDS

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

NEW

165-86 Harvey L. Spears d/b/a Harvey Spears General Contractor,Inc. (General)

383-86 Suter Air Conditioning, Inc. (Air Conditioning)

1212-86 Tommy Joe Duncan d/b/a Duncan Co. (A/C & Heating)

1680-86 Richard Vought (Electrical)

1737-86 Reid T. Thomas (A/C & Heating)

1758-86 Charles A. Clifton, Jr. d/b/a West Volusia Plumbing

(Plumbing)

1807-86 Charles G. Wood (Residential)

2007-86 Ex-Cel Construction & Aluminum Fabricators, Inc.

(General)

3043-86 Edward L. Schrank (General)

4056-86 John T. Weller d/b/a Futura Electric (Electrical)

4315-86 George P. Trakas (Electrical)

4318-86 Gerard G. Gaudette d/b/a Gaudette Electric, Inc.

(Electrical)

4320-86 Claude E. Krug d/b/a Forest Electric (Electrical)

1732-86 Donald G. Hodges (General)

4314-86 James Paul (Electrical)

4319-86 C. W. Fischer Electric, Inc. (Electrical)

CANCELLATIONS

1212 Tommy Joe Duncan (Heating & A/C)

1358-86 Robert G. Baugh (Aluminum Siding)

1882 George Daudelin

4092-86 Charles M. Kelley

4219 Hans W. Oettl

ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved payment of warrant #52715 through warrant #53052 for the following accounts:

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following Satisfaction of Assessment Liens for Picciola Island Subdivision:

Millard and Opal Parker $ 122.40

Charles J. and Lois R. Buhs 183.60

Josephine E. Conway 279.84

Joseph M. and Laurencia C. Unanue 264.51

William G. and Mildren D. Copeland 160.65

Larry L. and Kay S. Leydig 183.60

Donald G. and Brenda J. Pullum 145.72.

Ova E. Parer and Ruth Johnson 589.00

Natalie S. and Dolores L. Trunzo 304.00

Carl w. and Eileen M. Hasler 304.00

Harry P. King 304.00

Thelma Kilgore 304.00

Charles W. and Dorothy L. Knight 304.00

Clyde and Desma P. Cadenhead 304.00

Southern States Utilities, Inc. 304.00

William F. Herlong, Jr. 304.00

William F. Herlong, III 444.00

Robert J. and Barbara A. Sinclair 444.00

Peter Frank and Emma N. Cuttino 888.00

Orlin H. and M. Virginia Clark 925.14

Dmytro J. and Phyllis E. Stogran 533.36

William F. Herlong, III 527.25

Henry R. and Maria Hulzebos 444.00

Raymond W. and Dorothy P. Willcox 888.00

Ina Jeanette and Albert B. Fronts 666.00

Gordon G. and Sandra L. Hayes 666.00

Stephen P. and Marianne H. Decker 499.50

Mark Stephen and Lynn Bissell Reed 444.00

Dale L. and Nancy Y. Marshall 444.00

RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. carried

unanimously, the Board approved the Proclamati the period of November 24-30 1985, as Farmworkers' We County, Florida, retroactive to November 19, 1985.

REPORTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Distribution of Revenue Traffic/Criminal cases for the week ending November 15, 1985, in the amount of $11,584.66 and the week ending November 22, 1985, in the amount of $13,077.92.

JAILS/BIDS

Mr. Watkins, Clerk, addressed the Board to discuss dedicating a portion of the alleyway for the exercise yard as an alternative to building a concrete second-story exercise yard adjacent to the back of the jail since the future jail expansion or a new jail facility is not known at this time. The Building Committee suggested proceeding with this idea. The County has permission from the Department of Corrections to do this and has received approval from the local fire marshal1 and have also prepared for bidding the bid document specifications.

Mr. Watkins recommended to the Board that we proceed with the project; declare an emergency; and authorize the Purchasing Department to negotiate for the job to be accomplished.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the recommendation of the Building Committee and authorized it to proceed with the project of the exercise yard for the jail, declaring it an emergency, as outlined.

RESOLUTIONS/CLERK

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board declared that a Resolution be drafted commending Mr. James C. Watkins, Clerk of the Circuit Court, on his achievement of being named Clerk of the Year by the National Association of Counties.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNT ALLOWED/HEALTH DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the County Public Health Unit to purchase additional microcomputer hardware and software.

Included in the motion was authorization by the Board, in letter form, giving the Public Health Department permission to purchase the additional microcomputer hardware and software to present to the State.

Mr. Watkins, Clerk, stated that he felt that it would be in the County's best interest if the Board would create a committee, consisting of anyone who uses computer or micro-film equipment in the County or a representative from those agencies, to act as a coordinating or steering committee, for the future use of this type of equipment.

FAIRGROUNDS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Lake County Council of Garden Clubs for the use of the Flower Show Building at the Fairgrounds in March, 1986, at no cost for the building rental.

OUTDOOR RECREATIONAL FACILITIES/WATER AUTHORITY

Mr. Bob Fields, Planning Department, appeared before the Board to discuss repair and renovation of some of the boat ramps in Lake County. The ones scheduled for repair and renovation at this time are Lake Holly, Palatlakaha Park, and Lake Jem Park. Mr. William Davis, representing the Lake County Water Authority, appeared before the Board to discuss how the Lake County Water Authority is budgeting funds to help renovate the boat ramps in the County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Planning Department to renovate the following boat ramps:

Lake Holly, Palatlakaha Park, and Lake Jem Park.

LAWS & LEGISLATION

Mr. Dan Kotulla, Director of Planning, appeared before the Board to discuss the Department of Community Affairs' Administrative Rules implementing new growth management legislation and request permission to attend the public hearing regarding this case, to he held in Tampa, Florida, on December 9, 1985, opposing the rules implementing new growth management legislation. He stated that the County only has twelve to eighteen months to complete the project and feels that this is not a feasible amount of time.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Mr. Dan Kotulla and other staff members, as necessary, to attend any and all public hearings regarding the rules implementing new growth management legislation to he in opposition to them.

FIRE DISTRICTS-FIRE DEPARTMENTS/CONTRACT, LEASES & AGREEMENTS

On a motion by Commr. Smoak, seconded hy Commr. Deems and carried unanimously, the Board approved the request from the Mt. Plymouth Fire District for signatures on an assignment agreement with Gruman Credit Corporation in order to transfer the agreement from the Mt. Plymouth Volunteer Fire Department to the Board of County Commissioners for the lease/purchase of a 1983 Ford pumper.

FIRE DISTRICTS-FIRE DEPARTMENTS/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the South Lake Fire District to purchase the following equipment from E. J. Sales in Orlando:

a . 1 used Mack Diesel tractor - - - - - - - - $8,500.00

b. 1 7,250 gal. Freuhauf triple axle tanker - 4,300.00

with a stipulation that a mechanic from the County's Repair Department is to check out the Mack diesel tractor to determine if it is in good working condition prior to purchasing.

COMMUNICATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the donation of land from Carl B. and Helen F. Hongell to the U. S. Forest Service.

RESOLUTIONS/PLANNING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the adoption of a resolution to provide for public hearings and application deadline dates for filing amendments to the Lake County Comprehensive Plan, to comply with Chapter 163.3161, the Comprehensive Planning and Land Development Regulations Act.

BONDS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for final plat approval of King's Cove, 5th Addition and acceptance of a Performance Bond in the amount of $156,503.00 for improvements.

BONDS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for final plat approval of King's Cove Subdivision, 6th Addition and acceptance of a Performance Bond in the amount of $52,167.00 for improvements.

BONDS/ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to release a Performance Bond in the amount of $42,680.00; accept a Maintenance Bond in the amount of $3,880.00 for Harbor Oaks Subdivision, and to accept the followiny road into the County maintenance system:.Harbor Oaks Drive (3-1860A).

BONDS-MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Anthony and Sharon Vittorio, Sorrento Area, District #4; and Robert Underwood, Umatilla Area, District #5, to live on the same piece of property on which their conventional dwelling units are being built, subject to the proper bonds being posted and with the understanding that the mobile homes will be removed upon completion of the conventional dwelling units or upon the request of the Board of County Commissioners.

Included in the motion was approval of the request to cancel

the following mobile home bond:

David and Heidi Couch, Mt. Dora Area, District #4

CODE VIOLATIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to reduce an Order of Fine for Melvin and Carla Adkins from at the request of the Code Enforcement Board.

AMBULANCES-HOSPITAL DISTRICTS/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and $1,065.00 to $100.00 carried unanimously, the Board approved the request for signatures on a Certificate of Convenience, and Necessity for ambulance and emergency medical services for South Lake Memorial Hospital.

COMMITTEES/PERSONNEL/APPOINTMENTS-RESIGNATIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to appoint the following, people to the Lake County Grievance Committee:

Terry Courneya, County Extension Agent, Agricultural Center Supervisory Member (l/86 thru 12/89)

Ted Ostrander, Sr., Citizen Member (l/86 thru 12/87)

Melanie Hicks, Executive Secretary, Development Employee Member

(l/86 thru 12/89)

Jeanne Faerber, Asst. Veterans Service Officer, Veterans Services

Alternate Supervisory Member (l/86 thru 12/89)

Sandra Priem, Secretary II, Planning, Alternate Employee Member

(l/86 thru 12/89)

Dr. Bruce Staff, Director of Vocational/Technical Education, Lake-Sumter Community College, Alternate Citizen Member

(l/86 thru 12/89)

Merilyn Chiariello, Clerical Assistant II, Public Works, Alternate Employee Member (l/86 thru 12/89)

POLLUTION CONTROL/BIDS/LANDFILLS_

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from Pollut io n Control to put the Lady Lake Landfill Groundwater Monitoring Plan out for bid.

ROADS-COUNTY AND STATE/CONTRACT, LEASES L AGREEMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures on the FY 85/86 road maintenance agreement for Lake County to maintain certain roads for Marion County.

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 Paquette Paving Company for Project No. SA-40, Hilltop #3, in the amount of $55,785.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request for full payment to Asphalt Pavers in the amount of $155,946.00, for Project No. 3- 86, Lake Norris Resurfacing.

ROADS-COUNTY AND STATE

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to name an unnamed road, #5-9683, Park Road.

DEEDS/RIGHT-OF-WAYS, ROADS/EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to accept the following right-of-way deeds:

John H. and Lillian Hendrix, Mill Creek Road, #4-6583

Ronald R. and Diana H. Des Biens, Lake Unity Nursery Road,#l-6313

Carl F. and Lenora A. Young, Young's Road, #2-4006

Ann 0. Adams, Lake Unity Nursery Road, #l-6313

H. E. Woodall, Colony Barn Road, #3-0639

DEEDS/RIGHT-OF-WAYS, ROADS/EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to accept a right-of-way deed from James A. Scohie on Lake Burns Road, #5- 573, and signatures on a deed from Lake County to James A. Scohie deeding back to him the right-of-way on Lake Burns Road, #5-7573, which was deeded to the County on August 14, 1985, with an erroneous legal description.

INSURANCE/COMMITTEES

Discussion was held regarding information that Mr. Chris Ford, County Attorney, had obtained about general liability insurance in general. He stated that apparently Orlando and Orange County had joined together to cover their general liability as they could not obtain any quotes for general liability on their insurance. They have set up a $500,000.00 fund for this purpose. He also stated that he had heard over the radio that ice-skating rinks could not get any general lihility insurance anymore and felt that it will also be the same for roller-skating rinks. He felt that more and more we will find that not only is government self-insuring, but also private industry to some degree.

COMMISSIONERS/LAWS & LEGISLATION

Discussion occurred regarding a letter Commr. Burhans brought to the attention of the Board from Mr. William F. Broska, Commissioner - District 5 , with the Board of County Commissioners of Citrus County, informing them that he has set forth a revised bill for the increase of allowances to be granted to each County Commissioner, as well as the Board Chairman, allowing each Board member to receive up to five hundred dollars ($500.00) per month and the., Chairman to receive an additional on e hundred dollars ($100.00) per month. Mr. Broska asks that Commr. Burhans poll the Board member-ship for a consensus opinion and to please get back to him with a response.

PETITIONS/PUBLIC WORKS

Commr. Carson brought to the attention of the Board a petition he had received from the Lake Unity Homeowner's Association requesting that the lake access area by the culvert at the west end of the lake be physically closed and blocked so as to prevent transient boaters from launching at that point. The association has requested a written response.

Commr. Carson referred the letter to Michael C. Willett, County Administrator, for follow-up. No action was taken at this time.

BIDS/COUNTY PROPERTY

Mr. Steve Richey, Attorney representing C. W. Shepherd, appeared before the Board to present the case.

Discussion occurred regarding the appraised value of the land involved as well as the bids. The installation of fuel tanks and monies received for improvements was also discussed.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the land swap between C. W. Shepherd, III and the County and authorized that a resolution be prepared.

COMMUNICATIONS/MUNICIPALITIES

Commr. Burhans brought to the attention of the Board a letter from the Astor Area Chamber of Commerce requesting permission to hold their Activities Day Parade on Saturday, December 7, 1985.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Astor Area Chamber of Commerce to hold their Activities Day Parade on Saturday, December 7, 1985.

RECESS & REASSEMBLY

At 10:45 a.m. the Chairman announced that the Board would recess until 11:OO a.m.

CONTRACT, LEASES & AGREEMENTS/LANDFILLS

Mr. Chris Ford, County Attorney, brought to the attention of the Board that the NRG committee has met several times, both with the representatives of NRG, as well as alone, in order for them to discuss certain matters. He also mentioned that he had approximately seven (7) different items to report on in response to their request for changes as follows:

1 . None of the committee members had any problem with the

120,000 ton per year guarantee.

2 . None of the committee members had any problems allowing the change in the contract from GE, as contractors, to LGM, as contractors.

3 . The committee split on their opinion as to going from the $6.50 to the $8.50 change on the tipping fee per ton. Mr. Ford stated that Mr. Willett, Commr. Windram, nor the cities had any problem with the change, but that he did have a problem with the change because it appeared to him that there was between four to six million dollars ($4,000,000 - 6,000,OOO) in net cash flow over the fifteen year (15) period. There is about a five year (5) period where there is a negative net cash flow, if you do not increase from the $6.50 to the $8.50 fee. Mr. Ford felt that the County should not give in on the tipping fee.

4. If any changes were to be made on the contract, then the accelerator clause should be 5.31%, or the wholesale price index, whichever is less, rather than whichever is greater.

5 . (a) Tax Consequence Guarantee - NRG wanted, because of GECC, a guarantee by the County that the County would adjust the tipping fee rates in the event tax changes changed their basic bottom line results. The committee felt there should be no guarantee such as that in the contract at this time.

(b) Ecology and Other L a w Consequences - The committee felt that we should not be guaranteeing in this contract N RG and GECC protection against that, and felt that, if we did it ourselves and those laws change and effect the County, then we would be stuck with that law change. Mr. Ford felt that there would be a substantial risk if we were to guarantee it.

6 . Informational - Mr. Ford felt that if NRG would give us 50% of the net cash flow, as it progressed through the years, and would give the County 100% of the plant, at the end of the fifteen year (15) period so that we actually owned the plant, then the County would have something tangible. He also stated that under the current law that the plant is going to produce about thirteen and one-half million dollars ($13,500,000.00) over the fifteen year (15) period.

1. Take GECC out as the lender. Mr. Ford stated that NRG counter proposed stating that they would give us 40% of the net cash flow and 80% of the plant at the end of the fifteen years. He felt that it would be feasible for the County to contract to have it done as long as the County was getting the cash flow benefits and the ownership at the end.

Mr. Dan Robuck, representing NRG, appeared before the Board to discuss the case and suggested that the County hire consultants to see if its feasible to proceed with the project.

Mr. Ford stated that the committee did not have any problem with consultants coming in.

Considerable discussion continued regarding the contract, the cost of operation, and other facilities in operation at this time in the world, as well as in the United States. Pinellas County has one of the largest in the world and has been in operation for approximately four to five years, which is the longest running in the United States.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the motion for GECC to be excluded from the original contract, which is now in existence, and to change the language to read "a lender at the choice of NRG, subject to approval by the Board of County Commissioners".

Mr. Jan Swiger, representing NRG, appeared before the Board and reminded them of the time frame involved, stating that if they do not have all the paperwork involved completed and ready to go by December 31, 1985, that the price will be increased.

Commr. Smoak suggested having a work meeting between the Board of County Commissioners and members of the staff to try and work out any problems there might be and come up with some sort of conclusion that can be presented to NRG.

Mr. Ford suggested that the Board authorize the committee to hire consultants for advice.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board referred the NRG project back to the committee and requested that they meet and prepare a working document for the Board of County Commissioners to consider at a special meeting scheduled for Monday, December 9, 1985, at 9:00 a.m., to review the work product and make whatever changes the Board may wish to make, with the objective being to vote on a tentative contract to present to NRG at the regular Board meeting on Tuesday, December 10, 1985.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:20 p.m.

GLEN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

sec/12-6-85