A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 17, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, December 17, 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; 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 Toni M. Austin, Secretary.

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

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Edward Meshalko, President of the Lake Kathryn Volunteer Fire Department, appeared before the Board to discuss the newly devised fire districts. He stated that under the new districting, this department has been phased out and made a sub-station to Paisley. Mr. Meshalko stated that he did not feel that the residents in Paisley and Lake Kathryn would get the proper assistance and protection with the combining of the fire departments. Mr. Meshalko discussed the response time to a fire and the equipment owned by the department. He stated that the department was incorporated October 11, 1976. He discussed the property on which the Lake Kathyrn VFD is located, and stated that the deed will he voided once the fire departments are combined.

Commr . Burhans reviewed the action previously taken by the Board reyarding the merger of the volunteer fire departments with the existing fire districts.

Mr. Ron Locke, Fire Chief of the Sorrento Fire Department, appeared before the Board to question the merging of the Sorrento Fire Department with the Mt. Plymouth taxing district after Mr. Chuck Sowers, Fire Coordinator, had guaranteed Sorrento six districts. Mr. Locke presented the Board with a petition requesting the County Commissioners to allow residents to retain the Sorrento Mt. Plymouth Volunteer Fire Department to cover the Sorrento area for fire protection and other emergencies. Mr. Locke stated that the fire department was incorporated November 8, 1961. Mr. Locke requested the continuance of the Sorrento Mt. Plymouth Fire Department instead of it becoming a sub-station of the Mt. Plymouth Fire District.

ZONING

AT 9:30 a.m. the Chairman announced that the public hearing regarding CUP #910B-3, Barbara Harmon, would be postponed until 9:45 a.m.

FIRE DISTRICTS-FIRE DEPARTMENTS (CONT.)

Mr. Locke continued the discussion regarding the merging of the Sorrento Volunteer Fire Department with the Mt. Plymouth Fire District. Mr. Locke stated that he felt the departments would be more efficient being separated as before. He stated that a written proposal had been made between the two departments, but Mr. Sowers rejected it.

Commr. Smoak requested that the volunteer fire departments present to the Board some constructive alternatives to the concerns that the volunteer fire departments are indicating that they have at this time.

Mr. Locke requested that the Board reconsider the separation of the Sorrento Volunteer Fire Department and the Mt. Plymouth Fire District.

Commr. Burhans stated that he would work with Lake Kathryn and that Commr. Windram would work with Sorrento Mt. Plymouth.

ZONING

The Chairman announced that the advertised time had arrived for the public hearing on CUP #91OB-3, Barbara Harmon.

Mr. Dave Clapsaddle, Planning Department, appeared before the Board and presented a newly devised Conditional Use Permit for the Board's review. He directed the Board's attention to Page 3, Paragraph E. Operation and Reclamation Plans. Also Page 4, Paragraph F. Escrow Agreement for Site Reclamation. Mr. Clapsaddle stated that these requirements will be included in every similar CUP. At this time Mr. Clapsaddle discussed the surety bond in a sum at least equal to 110% of the total cost of reclamation. He stated that this CUP now conforms with CUP #982- , Beatrice Ettinger.

Commr . Smoak discussed his concern with Page 2, Paragraph C. 4, West Property Line and the removing of the berm. He requested amending this CUP to allow Mr. Harmon to excavate 'up to his property line. He stated that all of the birm which would he left would belong to Mr. Wade: however, Mr. Wade should not have to bear the costs of restoring his property to a sodded condition. Mr. Harmon has previously agreed to bear the expense of restoring the sod; how-ever, he would not bear the expense of paving it.

Commr. Smoak stated that Mr. Harmon has agreed to remove the birm on Mr. Wade's property, compensate Mr. Wade at going market value for the field dirt and clay, and stand the cost of excavation.

Mr. Bob Wade appeared before the Board and stated that he was concerned with the project getting started and never completed. He stated that the berm was one major contention and the turn around was another. He further stated that he paid for the acceleration and deceleration and cut through.

Commr. Smoak reviewed the agreements tentatively made by Mr.

Harmon for the record as follows:

1 . The property excavated running west to east in a planned manner and with no honeycombs all through the property.

2 . That all of the excavation and restoration take place

short of the birm on Mr. Harmon's western boundary and

Mr. Wade's eastern boundary.

3 . That the eastern boundary of Mr. Wade's property and the western boundary of Mr. Harmon's property be removed as a last operation and that immediate restoration take place as it is being removed to reduce the dust.

4 . That Mr. Wade agrees that the fair compensation to him

would be the fair market value of the material and

sodding to his property line at the point of excavation.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the amendment on Page 2, Paragraph 4. West Property Line, that the County Attorney, the petitioner's attorney, and Mr. Wade's attorney develop language which affectively removes the birm between Mr. Harmon's property and Mr. Wade's property, at the conclusion of the excavation of this property, under this CUP.

Commr . Windram was not present for the vote.

Discussion occurred regarding the traffic within the mentioned area and State Road 50 and turns made by eighteen wheelers and sixteen ton trucks.

Mr. Ben Benedum, Public Works Director, addressed the Board on the traffic issue. He stated that Mr. Harmon should make application to DOT since SR 50 is within their jurisdiction, or inquire about a cross over directly opposite his entry to the right-of-way of SR 50.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved CUP #91OB-3 as amended, and directed that the County Engineer work with the petitioner and DOT for a solution to the potential traffic problem.

RECESS & REASSEMBLY

At 1O:lO a.m. the Chairman announced that the Board would

recess until 10:30 a.m.

RESOLUTIONS

Representative Everett Kelly appeared before the Board to discuss a resolution received from the Board of County Commissioners of Citrus County expressing their vehement opposition to the 80/20 funding formula proposed by the State Department of Transportation to finance the widening of State Road 44 to a Eourlane highway. He stated that one option available would be the optional five and six cent gas tax to assist in this particular project. He further stated that the purpose of the 80/20 legislation was to divert some of the decision making jurisdiction to the county officers and not just with DOT. At this time he listed the counties which have opted the additional five and six cent tax.

Commr. Smoak discussed the county's position when offering the use of committed funds available for local roads.

Representative Kelly informed the Board that the 80/20 program is not the only means that can be used to address this issue.

No action was taken at this time.

LAWS AND LEGISLATION

Commr . Burhans brought to the attention of the Board and Representative Kelly a memorandum received from the State Association of County Commissioners of Florida regarding Stormwater Legislation.

AMBULANCES-HOSPITAL DISTRICTS/COMMITTEES

Commr. Burhans informed the Board that on February 12, 1985, the Board went on record to notify the legislative delegation of the intent to construct a plan for a unified county-wide health authority and to pursue the 1986 legislation. He stated that the Health Care Cost Committee now has recommendations to present to the Board.

Mr. Sanford Minkoff, County Attorney's Office, addressed the Board to discuss the proposed legislative act which provides the following:

1 . Definition of indigency for the purposes of the act.

2 . Does not abolish the South Lake District, which is the

owner of South Lake Memorial Hospital. It does remove

their ability to assess one mill, which is presently

utilized to support the hospital, but leaves their one

mill assessment for emergency room and ambulance

operation intact.

3 . Abolishment of the Northwest and Northeast Hospital

Districts.

4 . Ability for the Lake County Board of County Commissioners to levy a set millage to purchase or contract for indigent health care for the residents on a countywide basis.

5 . For the act to take effect only upon the approval by a

majority vote of those qualified electors of Lake County voting in a referendum.

Mr. Minkoff stated that the power to levy the taxes and pay the bills would be with the Board of County Commissioners. He further stated that the Health Care Cost Committee would most likely recommend that a Board be added to this which would be supervised by the Board of County Commissioners and who would recommend a tax for a millage to be sent to the Board of County Commissioners, which would ultimately levy the millage.

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and discussed health care and ambulance millages by districts. He stated that he did have objections from the South Lake District and the Northwest District.

Mr. Strickland read the recommended straw ballot questions as follows:

Do you favor:

A. A consolidated hospital tax district, the Board of which

would be appointed by the Board of County Commissioners; or

B. Separate tax districts, the Board of which would be

appointed by the Board of County Commissioners.

Commr. Smoak and Commr. Windram stated that they hesitated approving a straw ballot when the impact to the county was unknown.

Mr. Strickland discussed the reasons for the straw ballot. Commr . Smoak commended the Health Care Cost Committee for

the work that has been accomplished in its behalf.

Commr. Smoak suggested letting the hospital administration put together something for the Board's consideration without the input of the Health Care Cost Committee. He stated that he would prefer not to go to a straw ballot without the proper understanding in terms of the impact on the county, the districts, and hospitals. At this time he discussed some of the existing problems within the districts. Commr . Smoak stated that he would like to see an independent study addressing indigent health care by the hospital people within the county without the assistance of the Board of County Commissioners or its staff. He further stated that he would like to work with Representative Kelly and the local legislative delegation to resolve some of the inequities and distribution of tax dollars in Lake County and how they are being spent for health care.

Mr. Strickland discussed the Health Care Act and the shifting of indigent district problems to county problems.

Mr. Dan Robuck, spokesman for Waterman Medical Center, Leesburg Regional Medical Center, Northwest Taxing District, and South Lake, appeared before the Board and stated that all of them realize that a compromise needs to be made to determine what is best for the county regarding health care. He stated that a time period of 60-90 days would be needed in order to draft a workable solution, for the Board's review, to begin to solve the problems of Lake County.

Commr. Smoak made a motion, which was seconded by Commr. Carson, to postpone action and request the hospital administrators and their staff people to independently prepare a proposal to be presented to the Hoard of County Commissioners no later than 90 days from today, or as soon thereafter as possible within the time frame needed.

Representative Kelly discussed the legislative time schedule and the possibility of Senator Langley scheduling a public hearing that would be necessary for this particular proposal.

At this time Commr. Smoak amended his motion to 60 days and the Board approved the motion unanimously.

Mr. Chris Ford, County Attorney, stated that with the permission of the Board, he would send someone to the public hearing of the local delegation and in general discuss the proposed legislation.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of December 10, 1985, as corrected.

COUNTY EMPLOYEES/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved a resolution for Mary Grover, Secretary to the Board of County Commissioners, and authorized the proper signatures.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Chris Ford, County Attorney, discussed with the Board Draft #ll, 12/16/85, Addendum to NRG-Lake County Contract. He stated that the following were changes that were made on Page 6:

14. County shall operate the Scale House and the scales at the Facility.

15. Terms and Conditions:

A. Combustible materials shall have an average annual

heating value of 4300 BTU per pound.

B. Hazardous or toxic or explosive or radioactive

wastes shall not include hazardous wastes

normally found in municipal solid wastes.

C. Tree stumps shall be defined as tree stumps over

12" in diameter.

Mr. Dan Robuck, representing NRG/Recovery Inc., stated that he would like to add to 15. C., "or over four feet in length".

Mr. Steve Vaughn was present to answer any questions that the Board might have regarding the project..Mr. Ford reviewed the changes presented to him by Mr. Robuck as follows:

Page 2 - 2. Delete "Metric, Inc."

Page 3 - 5. Add "Present Interlocal agreements....."

Page 4 - 8. Add ....depreciation schedules, or the tax

rates......"

Page 4 - 8. Change "This provision shall become null and

void after January 31, 1989."

(Mr. Ford stated that on Page 4 - 8. Mr. Robuck requested that it read "This provision shall become null and void after the end of the session of Congress during which the facility is placed in operation." He stated that he would like to add "....operation, or January 31, 1989, or whichever shall occur first.")

At this time the Board agreed upon the following: Page 4-8. "This provision shall become null and void after the end of the session of Congress daring which the facility is placed in operation, or January 31, 1988, or whichever first occurs ."

Page 4 - 8. ".... and the present auditors for County.

Should the opinion of May, Zima & Company

be contested by NRG, NRG may litigate in the

Circuit Court of Lake County, Florida and should NRG lose, then NRG shall pay all costs of May, Zima & Co.'s opinions, all costs including expert witnesses and attorneys fees incurred by County."

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved all of the numerated changes, as outlined by the County Attorney, to he included in the contractual agreement in the latest Addendum Draft #ll.

Discussion occurred regarding the ending of the leasing financing as of January 1, 2002. Mr. Robuck stated that under the tax laws, it can only be for a percentage and the contract has to be 2004 or 2005, and without that, their tax benefits will be voided.

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

carried unanimously, the Board approved the additional length of

time, provided that the County Attorney's Office be supplied, in writing, the rationale and the need for the additional length of time to his satisfaction and to our accountant's satisfaction. Mr. Robuck discussed Page 7 - 16. "....payment of $lOO,OOO.OO by County to NRG. . . ...". At this time he requested three million dollars.

Commr. Smoak made a motion, which was seconded by Commr. Deems to amend the payment amount to $250,000.00.

Discussion occurred regarding arbitration and litigation.

At this time the Board voted to approve the motion unanimously.

Mr. Robuck discussed the Change in Ecology Law which GECC was requiring to have written within the contract. At this time he presented the Board with wording received from Pinellas County and GECC Proposed Compromise. At this time Mr. Robuck requested some type of protection against the ecology problem.

Mr. Ford discussed the wording received from Pinellas County and stated that the County owns the plant.

Mr. Vaughn stated that as a taxpayer, and being on the Economic Development Council, he has found this clause to be included in every town that is through a franchised group.

Mr. Ford suggested $2.50 a ton as a maximum tipping fee increase and in general language, that the County agrees that in the event that there are any changes in the federal, state or local laws pertaining to the operation of the facility, etc., that it can be increased up to $2.50 per ton.

Commr . Smoak made a motion, which was seconded by Commr. Windram to change #23. Paragraph a., GECC Proposed Compromise, upon the recommendation of the County Attorney, to read the basic language and to remain the same, with a cap of $2.50 per ton, and that #23. Paragraph b. be excluded and striken completely.

At this time Mr. Ford suggested changing #23. Paragraph a. to read as follows:

"Accordingly, the COUNTY agrees . . . . . . . or performing the services contemplated hereunder, the tipping fee may be increased a maximum of $2.50 per ton." (The rest of the paragraph to be deleted.)

At this time Commr. Smoak requested that his motion read as Mr. Ford recommended, with Commr. Windram seconding the motion. Commr . Smoak stated that this motion included his request for the deletion of #23. Paragraph h.

'The Board voted on the motion, which was carried unanimously.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved Addendum #ll, with all amendments, and authorized the proper signatures.

COUNTY EMPLOYEES/RESOLUTIONS

The Board requested the presence of Mary Grover, Secretary to the Board of County Commissioners, so that a resolution in her behalf could personally be presented.

COUNTY ADMINISTRATOR'S AGENDA

ROAD CLOSINGS - Unnamed street, Higley - Petition No. 401

No one 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 December 3, 1985, and December 10, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to vacate an unnamed street between Block 28 in Section 2, Township 18 South, Range 25 East and Block 63 in Section 11, Township 18 South, Range 25 East, lying East of Hiyhway C-452, according to an unrecorded map in Higley in Lake County, Florida, by Cecil Edward Barks, as per Petition No. 401.

ROAD CLOSINGS - Unnamed Roads, Map of Hiqley - Petition No. 402

No one 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 December 3, 1985, and December 10, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to vacate that part of those unnamed roads lying between Lots 8, 9, 24 and 25, now vacated, and the West Line of SE l/4 of Section 2, Township 18 South, Range 25 East; between Lots 5, 12, 21 and 26, now vacated, and Lots 4, 13, 20 and 27; between Lots 1, 2, 3 and 4 and the East Line of the Southwest l/4 of the Southeast l/4 of Section 2, Township 18 South, Range 25 East; between Lots 1, 2, 3 and 4 and Lots 13, 14, 15 and 16; between Lots 13, 14, 15 and 16 and Lots 17, 18, 19 and 20; between Lots 17, 18, 19 and 20 and Lots 27, 28 and 29; between Lot 25 and the South Line of Section 2, Township 18 South, Range 25 East; and between Lots 27, 28 and 29 and the South Line of Section 2, Township 18 South, Range 25 East.

ALSO: LOTS 1, 2, 3, 4, 13, 14, 15, 16, 17, 18, 19, 20, 27, 28 and 29, all of the above being in Block 29 of an unrecorded Map of Higley in Section 2, Township 18 South, Range 25 East in Lake County, Florida, by James E. Hilliard (Shamrock/Coe), as per Petition No. 402.

ROAD CLOSINGS - PERMISSON TO ADVERTISE

Petition No. 403 - Azalea Road - Ocala Forest Campsite #4

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the advertisement of the Eastern one hundred (100) feet of Azalea Road that is bordered on the North by Lot #l, Block L; On the East by the Ocala National Forest, on the South by Lot #7, Block J, and on the West by the Southerly Extension of the East Line of Poinsettia Road, where Poinsettia Road and Azalea Road intersect, said Section of Azalea Road being Fifty (50) feet wide and one hundred (100) feet long; The above described property is located in Ocala Forest Campsite #4, a division in Section 5, Township 17 South and Range 27 East, located in Book 17, Page 25, Lake County; by Robert H. Stewart, as per Petition No. 403.

ASSESSMENTS

The Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #42, St. Johns Waterfront Estates.

Mr. Charles Taylor, Chief Engineer, Hewitt Contracting Company, Inc., appeared before the Board to answer any questions that the Board or audience might have regarding the design of this project. At this time he read a letter, which he submitted to the Lake County Pubic Works Department. He stated that the procedures used will raise the roadway from its present elevation, and this should insure that no water will ever stand in the roadway. He further stated, however, that this will not solve any existing drainage problems.

Mr. Jack Lynady appeared before the Board to question where the water will drain. He stated that the most serious problem is the washing away of the clay, which has occurred since bringing the road up to county standards.

Mr. Alan Warner discussed the culverts with Mr. Taylor.

Mr. Taylor stated that all of the culverts will be removed and all of the pipes will be replaced.

Several of the residents discussed the drainage problems and water level in the area.

Mr. Taylor stated that if the residents would prefer their driveways be elevated the same as the main roadway, this could be done at no additional charge.

Mr. Keith King and Mr. Richard Lobb were present to discuss the project with the Board and Mr. Taylor.

Ms. Irene Lowrie stated that there were no problems until the clay road was put in.

Commr. Burhans presented the following recommendation of the County Engineer:

Due to the nature of the property involved, there is no way that the County Engineer or any contractor will guarantee to solve the existing water problem. The attitude of the property owners involved is that we should be able to solve the problem.

1 . The existing clay road does not present a problem due to the

other clay roads in the Astor area.

2 . There is no physical way to retain the water as the project

exists now. It would take an area about the size of a lot for a

retention pond and extensive piping.

3 . Paving of the road will cause the water to run off quicker than it does now, causing a more immediate water problem for the property owners.

4 . This past spring the water in the river was higher than the

ground, and water was flowing through a drainage pipe into the swampy area by the road. The County Engineer would recommend that this project be cancelled and that the money be used where it would do more good.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board, based on the indication from the people directly affected in the audience today, and based on the fact that the County has the required amount of signatures representing the required amount of ownership, approved SA #42, St. Johns Waterfront Estates and awarded the low bid to Hewitt Contracting Co., Inc., in the amount of $85,513.50.

ASSESSMENTS/SUBDIVISIONS

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

carried unanimously, the Board approved the request to bid a Special Assessment project in Crystal Heights Subdivision (Lomax Drive and.McWhorter Avenue).

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to bid a Special Assessment in Imperial Terrace Subdivision, Units I, II and III.

COUNTY PROPERTY/RIGHT-OF-WAYS, ROADS-EASEMENTS

Mr. Michael C. Willett, County Administrator, discussed with the Board a request to purchase the railroad right-of-way now owned by the County from Confer north to Altoona Road.

Mr. Graham was present to discuss the request with the Board and presented a petition signed by the adjacent property owners. He stated that he needs the additional property in order to have a buildable lot.

Mr. Willett informed the Board that he received a letter from Mr. Roger Rice, Attorney, statinq that the County does not have a record of title.

Mr. Chris Ford, County Attorney, stated that if there is no marketable title, that the property can't be worth too much money.

Discussion occurred regarding the County Quit Claiming the property.

Mr. Ford recommended that a realtor give the County an opinion of value on the property discussed.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board denied the request to purchase the railroad right-of-way owned by the County from Confer north to Altoona Road.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for final payment to Lake Contracting in the amount of $2,000.00 for Project 11-85 Emeralda Island (Part) Design Build.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried uanimously, the Board approved the request for partial payment for Project #14-85 Poe Street, to Lake Contracting, in the amount of $12,270.00.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to award Project #4-86 Loghouse Landfill Transfer Station Lump Sum to Superior Asphalt in the amount of $232,875.45.

ACCOUNTS ALLOWED/BIDS/LANDFILLS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase two Peerless ETSR-75 transfer trailers for Loghouse Landfill from Moody International Trucks, Inc., at a total cost of $59,824.00 ($29,912.00 each), on County Bid #016-070-086 (Only two bidders).

ACCOUNTS ALLOWED/BIDS/LANDFILLS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase a D6D 140 HP Bulldozer for Landfill from Rosier at a cost of $91,669.00 on County Bid #18-070-086.

ORDINANCES/ZONING

Commr. Smoak presented the Board with the background of BZA Case #85-86, Rudolph Molner. He stated that the Lot of Record Ordinance allows no flexibility regarding building permits and the position of the house on the property.

Commr. Smoak stated that he felt the Board should find some way to allow the building of two homes on six one-acre buildable tracts. He further suggested that the Board review the Lots of Record Ordinance, and its interpretation, to allow the staff some flexibility in making decisions in situations like this.

Mr. Michael C. Willett, County Administrator, suggested allowing the permit to be issued the way that it has been requested and placing a letter with the permit explaining that there were two permits allowed on these six lots, instead of forcing one permit on one lot and one permit on five lots, since the overall impact on the road would be the same with the two houses, we allowed one permit on Lots 56, 57, and 58, and one permit on Lots 59, 60, and 61.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved staff action as indicated, a single permit issued for Lots 56, 57, and 58, and a single permit issued for Lots 59, 60, and 61, provided that the property owners of those lots, in writing, sign a declaration stating that they understand that no additional building permits will be issued for any of those six lots.

Mr. Jeff Pheister, Attorney for Rudolph Molner, was present to discuss the request with the Board.

GRANTS/POLLUTION CONTROL/SOIL CONSERVATION

Ms. Paulette Muller, Director of Pollution Control, appeared before the Board and stated that she and Mr. Mark Burgess, Soil Conservation, applied for a grant for federal funds administered by the Department of Environmental Regulations for a one year period in the amount of $34,000.00. She stated that the funds would be used for analyzing the stormwater running off of the muck farms and the hiring of an additional person on staff who would work with Pollution Control. She stated that the proposal had been considered for funds in the amount of $50,000.00.

Ms. Muller requested the approval of travel expense in the amount of $90.00 to travel to Tallahassee January 7, 1986, to assure that all of the requirements are being met in the laboratories.

Ms. Muller stated that no matching funds were needed for the federal funds and that it is 100% funded through Tallahassee.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized and endorsed the proposal presented by Ms. Muller, and that the necessary funds be made available in order to secure the grant funding for Soil Conservation and Pollution Control, including the travel expense requested.

WATER RESOURCES/WATER AUTHORITY

Ms. Muller informed the Board that she has not received any action from St. Johns River Water Management reyarding approval of the Beauclaire Canal project. She stated that the Water Authority Board approved $20,000.00 to help with this project.

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss the Lake County Master Plan for Fire/Rescue Communications.

Mr. Joe Stephany, Emergency Services, addressed the Board on the technical aspects of the Master Plan. At this time the Board postponed action on the Plan until January 7, 1986, at which time discussion will continue along with the 911 communications system.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING DEPARTMENT/

RESOLUTIONS

Ms. Colleen Logan, Planning Department, appeared before the

Board and stated that the Lake Community Action Agency recommended that Willie Givens be appointed to the Task Force Committee.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board appointed Willie Givens to the Task Force Committee.

Ms. Logan informed the Board that the Planning Department was requesting approval of the application for Small Cities Community Development Block Grant Funds in the amount of $586,512.00. She stated that the funding areas would be Southeast Umatilla, including the purchase of approximately 5 l/2 acres of land, to be donated to the Lake Community Development Corporation for their self-help housing program, and the Montclair area, with a major need to extend Pruitt Street.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the pursuance of the grant, as recommended by Ms. Logan, and authorized the proper signatures on the resolution.

ACCOUNTS ALLOWED/ASSESSMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for final payment to Paquette Paving Company for Project SA-20, Springs Bath and Yacht Club, in the amount of $64,582.50.

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 Asphalt Pavers for Project No. l-86, Countywide Resurfacing, in the amount of $133.627.06.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase four diesel pickups from Bill Seidle's Chevrolet at a total cost of $44,488.92 ($11,122.23 each), on County Bid #017-070-086.

ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Mt. Dora to purchase two signs at a cost of $30.00.

RESOLUTIONS/ROADS-COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept the following roads in the Springs Subdivision into the County maintenance system:

West Bay Avenue 2-3123B

Orange Blossom Trail 2-3123C

Pine Court 2-3124B

Oak Street 2-3124C

Magnolia Court 2-3124D

East Bay Avenue 2-3124E

Spring Court 2-3124G

Tangerine Road 2-3124H

North Canal Drive 2-3124I

MUNICIPALITIES/RESOLUTIONS/SIGNS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to post 30 m.p.h. speed limit signs on the following roads in the Sorrento area:

Bay Avenue 4-7689

Leeward Street 4-7789

Mitchel Way 4-7690

Harbor Way 4-7690A

Pelican Street 4-7790A

Anchor Avenue 4-7790

Windward Avenue 4-7691

Ebersole Road 4-7688

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

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

C. E. Bradshaw, Jr. -- Lake Louisa Rd. #3-0847

Gillun C./Lillie Davis -- Lake Unity Nursery Rd. #l-6313

Henry Tilbury, Et Al -- Thoroughbred Trail

RESOLUTIONS/ROADS-COUNTY AND STATE

Discussion occurred regarding the Florida Department of Transportation's proposal for funding the widening of State Road 44, as discussed earlier by Representative Kelly.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved a resolution supporting the DOT widening and upgrading of State Road 44, at the expense of DOT.

ROADS-COUNTY AND STATE/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the request for the adoption of a resolution designating the Cove Road area as a bird sanctuary and allowing members of the Homeowners Association to post appropriate plaques designating the area as such.

Commr . Smoak voted "no".

CONTRACTS, LEASES & AGREEMENTS/HOUSING AUTHORITY

Discussion occurred regarding a letter received from the Orange County Housing Finance Authority requesting a Housing Public Policy Statement for Lake County. The letter stated that if an approved Policy Statement is not filed with the U.S. Department of Treasury on or before December 31, 1985, Lake County will forfeit its right to sell Mortgage Revenue Bonds in 1986.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the signing of the contract with Orange County Housing Finance Authority to represent Lake County and act as the Lake County Housing Authority.

ROADS, COUNTY AND STATE/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for final plat approval on Bennett Subdivision, acceptance of a Maintenance Bond in the amount of $3,510.00, and accepted the following roads into the County maintenance system: Bennett Drive (4-4660) and Bernice Ct. (4-4661).

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for construction plan approval of Sunshine Hills Subdivision.

COUNTY POLICIES/CLERK/COUNTY ADMINISTRATOR

Mr. Michael C. Willett, County Administrator, discussed with the Board the designation of Washington's Birthday as a holiday for employees of the Board of County Commissioners.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the designation of Washington's Birthday as a holiday for employees of the Board of County Commissioners.

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures on the USGS Cooperative Funding Agreement.

ROADS-COUNTY AND STATE/RIGHT-OF-WAYS, ROADS-EASEMENTS

Mr. Michael C. Willett, County Administrator, informed the Board that Westmont Road can be paved past the one lot, without its right-of-way, without causing any problems.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the paving of Westmont Road.

BONDS

Mr. Michael C. Willett, County Administrator, informed the Board of a letter received from Escambia County regarding the Florida Local Government Finance Authority Multi County Loan Program. He stated that a letter was being requested stating Lake County's interest in bonds for the next several years.

Mr. Willett stated that bonds have been reviewed for approximately four projects as follows: the closeout of landfills; fire stations; resort tax; and the jail. Mr. Willett recommended that the Board sign a letter indicating that the County may need approximately 14 million dollars worth of bonds within the next two years.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the letter, as recommended by Mr. Willett, indicating a possible need for 14 million dollars worth of bonds for purposes which the county has determined will qualify for funding under the Multi County Loan Program.

BONDS-CONTRACTOR

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

New

4239-86 Donald G. Bailey (Electrical)

4322-86 James Podner

Cancellations

4057 Clarence E. Beeson d/b/a Central Florida

Electric, Inc.

ACCOUNTS ALLOWED/COURTS-JUDGES/RESOLUTIONS

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

1 . Satisfaction of Judgment for John Wesley Hodge, Juvenile, and Linsey and Mararet Hodge, Parents - $100.00 - 84-568-CJ.

2 . Satisfaction of Judgment for John Ralph Zens, Juvenile and Nancy Hooper Gauntt, Parent - $150.00 - 85-278-CJ.

Included in the motion was approval of the adoption of a resolution proclaiming December 15-21, 1985, as Drunk and Drugged Driving Awareness Week in Florida.

REPORTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the Week Ending December 6, 1985, in the amount of $14,863.21.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the payment of Warrant #53061 through #53354 for the following accounts:

Included in the motion was approval to pay the following indigents:

Little Oak Apartments for Yvette Walker/District #l/$50

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the resignation of Gayle H. Mastak from the Paisley Fire District Advisory Board and directed a letter of appreciation.

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 Renewals

Evelyn Leonard Robert John Burke

Patricia Parish Ray Stanley Taylor

Larry A. Lent

Additions

Barry F. West

Henry James Outhouse

Harold Allen Simpson

APPOINTMENTS-RESIGNATIONS/COMMISSIONERS

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

carried unanimously, the Board appointed Commr. Carson as the Chairman of the Board of County Commissioners for the year 1986.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board appointed Commr. Windram as the Vice-Chairman of the Board of County 1986.

There being no further business to be brought for the year to the attention of the Board, the meeting adjourned at 4:00 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/12/20/85