A REGIJLAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 20, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, May 20, 1986, 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: James R. Carson, Jr., Chairman; Glenn C. Burhans; 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: and Sandra Carter, Deputy Clerk. James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of May 13, 1986, as corrected.

ROADS-COUNTY & STATE/PUBLIC WORKS

Mr. Charles Sylvester, Consultant, Orlando/Orange County Expressway Authority, appeared before the Board to give a brief update on the Orlando/Orange County Expressway Authority's long range plan, as well as the study that is proposed by the Department of Transportation, regarding portions of the beltway that will go through part of Lake County.

Mr. Sylvester displayed a map showing a total view of the greater Orlando area, indicating what the Expressway Authority has as its five-year construction plan, which creates the nucleus of the beltway around and within the area. He discussed alignments with Lake County roads and dates for completion.

Mr. Sylvester stated that the Orlando/Orange County Expressway Authority requests that one of Lake County's staff members be appointed to serve as a representative of Lake County on the Management Advisory Team, for the alignment study, as previously stated.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the recommendation, from the County Administrator, of Jim Stivender, Engineering Coordinator in the Public Works Department, to serve in this capacity.

Mr. Chris Ford, County Attorney, questioned Mr. Sylvester as to the purchase of abandoned railroad right-of-ways in future budget years.

Mr. Stephan Fregger, P.E., District Director (Planning and Programs) with the State of Florida Department of Transportation, appeared before the Board to address the question presented by the County Attorney. He stated that the Department of Transportation is in active negotiations, at the present time, with the railroads. He also stated that the railroads are aware of the constraints on budgets and are moving rapidly towards a consummation of these negotiations.

The County Attorney questioned whether it would be for both the Lake County side and the Seminole County side, as Lake County has, as yet, to his knowledge, not been in much discussion with the Department of Transportation about Lake County's resolution to participate in it.

Mr. Fregger stated that he was not aware of how far the Lake County side is but would find out and get back with the County Attorney at a later date.

ASSESSMENTS/SUBDIVISIONS/ACCOUNTS ALLOWED

At 9:30 a.m. the Chairman announced that the advertised time had arrived for the Public Hearing on Special Assessment No. 48, Palamino Trail, Hilltop-Sorrento Subdivision. It was noted that the proper proof of publication was on hand as it appeared in the Orlando Sentinel, Lake Little Sentinel.

Mrs. Dale Dewey, Appaloosa Trail, Hilltop-Sorrento Subdivision, appeared before the Board and stated that she was interested in having the roads put in, but did not like the idea of having to foot the bill, while some of the residents were not having to pay anything.

Ms. Nancy Martin, Palamino Trail, Hilltop-Sorrento Subdivision, appeared before the Board and stated that it was a nice project, but that she did not realize that the cost would be as much as it is.(estimated price is $8.25 per foot on Palamino Trail and $9.50 per foot on Appaloosa Trail).

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved Special Assessment No. 48, with the adoption of the assessed footage, as indicated, from Palamino Trail to Appaloosa Trail and awarded the low bid to Martin Paving Company, in the amount of $86,785.25.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the County Administrator to renegotiate the interest rates on lien assessments, with the local banks, to require a more competitive rate based on today's market.

Mrs. Dewey inquired as to whether speed bumps could be placed on Appaloosa Trail, to stop the speeders, and was told by Commr. Carson that it was illegal to do so on public roads. Mr. Carl Rover, resident of Hilltop-Sorrento Subdivision, appeared before the Board and inquired as to who he would speak to about changing his driveway from Welsh Trail to Palamino Trail. He was told by Mrs. Kathy McDonald, County Administrator's Office, that he would have to work it out with the contractor, for a fee.

POLLUTION CONTROL

Commr. Burhans brought to the attention of the Board the fact that he had been in communication with Mr. Carl Hongell, President of the Astor Water Association, regarding a spray field and sewage plant for the Astor/Astor Park area. He stated that Mr. Hongell was asking for assistance from the County Attorney's Office, as well as from the staff, in obtaining a spray field and sewage plant for the community of Astor/Astor Park.

Discussion occurred, but no action was taken, as far as the County Attorney's Office, until such time as the community might ask for a referendum.

RESOLUTIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved Resolution No. 1986-20, for a negotiated sale of indebtedness, h authorizing the borrowing of $1,500,000.00 from Barnett Bank of Lake County, to finance the acquisition of fire stations and fire equipment and authorized the necessary signatures on same.

ASSESSMENTS/SUBDIVISIONS/ACCOUNTS ALLOWED

At 1O:OO a.m. the Chairman announced that the advertised time had arrived for the Public Hearing on Special Assessment No. 47, Pine Lakes South Subdivision. It was noted that the proper proof of publication was on hand at it appeared in the Orlando Sentinel, Lake Little Sentinel.

It was noted that the final assessed cost was $9.48 per foot, down from $13.00 per foot.

Mr. Wayne Flaxman, resident of Pine Lakes South Subdivision, appeared before the Board to point out the fact that he was on the assessment roll twice, even though he did not own, nor had ever owned, two lots in said subdivision.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board requested that the correct legal description be applied to Mr. and Mrs. Wayne Flaxman; that the assessment roll be modified to recognize the owner of the other lot in question; and for the other party to be properly notified.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved Special Assessment No. 47, with the adoption of the assessed footage, as indicated, and awarded the low bid to Lake Contracting Company, Inc., in the amount of $47,652.00, and authorized the necessary signatures on same.

ACCOUNTS ALLOWED/BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS

PURCHASING DEPARTMENT

Mr. Chris Giachetti, Director of Administrative Services, appeared before the Board stating that at a previous Board meeting the staff was directed to proceed with the bidding of two (2) fire trucks with an estimated cost of $75,000.00 for a 750 gallon pumper, and $85,000.00 for a 1,000 gallon pumper. He stated that he had met with Mr. Chuck Sowers, Fire Coordinator, and had changed the original specs and eliminated the frills, to make a very basic pumper truck. He then solicited informal quotes, which ranged from the mid 60's to the mid 90's, for the same piece of equipment. Emergency One, in Ocala, made a proposal to furnish said trucks to the County at a base price of $67,500.00, with an option for a top control at a price of $1,500.00, bringing the total cost up to $69,000.00. Original cost of these trucks were $75.000.00 and $85,000.00.

Mr. Giachetti stated that Emergency One is the only local manufacturer and, also, that they give a better warranty than anyone else and would recommend to the Board that the competitive bidding requirement be waived, and allow the Purchasing Department to purchase the two trucks, from Emergency One.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the waiving of competitive bidding requirements and authorized Purchasing to negotiate the purchase of two (2) fire trucks, from Emergency One, as recommended by Mr. Giachetti.

ACCOUNTS ALLOWED/JAILS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved payment of a bill from John S . Dickerson, Inc., Architect, for architectural services rendered regarding the Jail Task Force presentation/meeting concerning new generation jails, in the amount of $100.00, for two hours service.

RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the State of Florida Cabinet Resolution prepared for execution by the Governor and Cabinet pro-claiming the week of May 22-29, 1986, as "All American Buckle-Up Week".

ACCOUNTS ALLOWED/SOIL CONSERVATION

Mr. Charlie Russ, Chairman, Lake Soil and Water Conservation District, appeared before the Board to discuss and request approval for the purchase of ground penetrating radar equipment. He stated that last year Soil Conservation had a proposal in their budget for a ground penetrating radar unit, to be purchased by the County, and that it was approved subject to further review and a fee schedule to be set.

Mr. Russ stated that the original cost was approximately $80,000.00, but within a two-year time frame, the cost has come down to $18,400.00. He feels that the price will not go much lower than stated, due to the fact that there is not competition in the area of equipment design or equipment sales, like there would be in computers, etc. He also stated that Soil Conservation anticipates that the machine will be paid for in two years.

Mr. Mark Buryess, Soil Conservation, appeared before the Board to discuss the ground penetrating radar equipment and to answer any questions the Board might have. He stated that the maintenance on said equipment is better than average: that it generally is down no more than one month per year. Also, the first year is under warranty.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of ground penetrating radar equipment, for Soil Conservation, and directed Soil Conservation to adopt a fee schedule, as indicated to the Board, and to present annual reports to the Board of County Commissioners for their review.

BONDS - CONTRACTOR

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved Contractor Bond, #4361- 6, for Robert A. Hendrick (Residential).

LICENSES AND PERMITS

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

NEW RENEWALS

Donald E. Ferguson Sharon K. Del Medico

Betty Ferguson Sam Del Medico

Charles H. McGill James K. Brandt

Daniel E. Davis

Mearl R. Mathieson

Calvin F. Benjamin

John B. Grove

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment of Warrant #56911 through Warrant #57284 for the following accounts:

The motion also included payment for the followiny indigents for the month of May:

Ethel Kelley for Donna Brooker Padgett/District #l/$50.00

Helen Morgan for Sandra K. Price/District #l/$50.00

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the renewal of the State of Florida Department of Health and Rehabilitative Services Contract for Service of Process with the Local Government of Lake County, Florida, beginning July 1, 1986, through June 30, 1987.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Windram, seconded by Commr. Burhans\

and carried unanimously, the Board approved the Satisfaction of Judgments for the following:

Brian Timothy Root/Case No. 86-2 ,544TTFP/$150.00

Freddie J. Kirby/Case No. 85-1154MM60/$150.00

David James Gordon, Juvenile, and Bud and Carol Gordon, Parents/Case No. 85-51-CJ/$150.00

SUBDIVISIONS/ASSESSMENTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the necessary signatures on the followiny Satisfaction of Assessment Liens:

Hilltop Subdivision

c. B. Marshall and R. Bouterse $ 555.67

Antonette H. and Emmett O'Flanagan 553.34

Gordon C. and Shirley Woodall 579.20

Lela Frisbee 579.20

Lela Frisbee 579.20

Ralph R. Frisbee 289.60

Ralph R. Frisbee 289.60

Ralph R. and Lela Frisbee 689.50

Picciola Island Subdivision

Mark R. and Julie Gulley 297.97

Picciola Harbors

William H. C. Madden and Sharon L. 606.83

William H. C. Madden and Sharon L. 606.83

William H. C. Madden and Sharon L. 139.43

William H. C. Madden and Sharon L. 139.43

William H. C. Madden and Sharon L. 75.10

William H. C. Madden and Sharon L. 75.10

Sorrento Shores Subdivision

D. w. Knappen 2,201.71

Hazel E. Phelps 2,877.65

Springs Bath and Yacht Club

John Mark and Tracy L. Sutherland 886.20

John Mark and Tracy L. Sutherland 886.20

Ocala Forest Campsites

Harry and Gladyce Leyava, Jr. 615.07

Harry and Gladyce Leyava, Jr. 76.88

Harry and Gladyce Leyava, Jr. 205.02

Harry W. and Maxine M. Hatcher 578.55

Fern Marie Butts 518.57

St. Johns-Manhattan Subdivision

Hamilton E. Johnston and Mary E. Johnston 959.32

Donald Montgomery Vaughn 1,017.21

Jack R. and Helen I. Lynady 620.25

E l m e r I . and Grace Moore 475.94

Hyman and William Wiener 959.32

Olin G. and Jeanne M. King 959.32

T. H. Wise, Sr. 959.32

Alonzo H. Johnston 975.86

Joe S. Snedegar 975.86

E l m e r Y . and Rosie Craft 975.86

Keith F. and Evelyn K. King 909.70

Alan R. and Thelma K. Warner 1,042.02

Jerry W. Waller 909.70

Wilmer B. and Jane S. Smith 1,372.82

James E. and A. Ramona Ashhy 827.00

Garland Cochrane 827.00

Jerry W. and Monette Waller 827.00

Alan R. and Thelma K. Warner 827.00

Jerry W. Waller 827.00

James M. Damron 963.46

Melvin and Peggy Hatton 827.00

Charles H. and June H. Gerwig 959.32

Garland Cochrane 827.00

Richard W. Lohh 827.00

Richard W. Lobh 827.00

Garland Cochrane 827.00

Von and Patricia H. Jennings 827.00

RESOLUTIONS/WATER AUTHORITY

Discussion occurred reyarding the amending of Resolution No. 1985-40 concerning the hours that airhoats are prohibited on the waters of Lake Yale.

Commr . Burhans stated that he would like to do some further checking before taking action on it.

No action was taken at this time.

ZONING

CUP #60-86-2 A to C-l James P. Gills and #86/4/2-2

CUP in CP James P. Gills

Mr. Steve Richey, Attorney, representing Dr. James Gills appeared before the Board and stated that at the Board Meeting of May 13, 1986, he was asked to sit down with the staff and change the wording on the CP utilization in a C-l zoning for an RV park. He stated that he had done so and was now requesting approval of said zoning.

Considerable discussion occurred regarding past zoning cases of this type and how, after approved for RV parks, they became more than RV parks (condominiumized or membership only parks).

Commr. Smoak stated that he wanted to prevent this from happening in the future.

Commr. Smoak stated that he wanted the CP and CUP to go with the land and the development, not with the individual, as the owner-ship of the park may change hands from time to time.

Commr. Smoak made a motion to postpone action on this case until the Board Meeting of June 3, 1986, and that language be developed to include in the CUP that the park not be converted to a membership only; that it not be condominiumized; that the park be for the general public; and that there be language in the types of reverter clauses, which are very specific, in terms of the operation and usage of said facility.

Commr . Smoak amended his motion, which was seconded by Commr. Deems and carried unanimously, to postpone Case #60-86-2 until 3:00 p.m. this date, subject to satisfactory language in the CP and CUP for the future use of the land.

RESOLUTIONS/WATER AUTHORITY (CONT'D.)

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

carried unanimously, the Board approved the amendment to Resolution No. 1985-40, prohibiting the use of airboats on the waters of Lake Yale between the hours of 1O:OO p.m. and 4:30 a.m., to comply with the Minutes of May 7, 1985.

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal cases for the following weeks:

April 30, 1986 ($5,951.10) May 9, 1986 ($22,107.06)

AUDITS/FAIRGROUNDS/BUDGETS/PROPERTY APPRAISER

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Performance Audit of the Lake County Fairground, Expo Center, and Farmers Market, as Administered and Directed by Health and General Services Division Director, dated April, 1986.

Included in the motion was the acknowledgment of the Proposed Budget for the Lake County Property Appraiser's Office for the period of October 1, 1986, through September 30, 1987.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for partial payment to Trac Roadbuilders, for Project No. 9-86, Lake Unity Road, in the amount of $23,574.44.

ACCOUNTS ALLOWED/ROAD PROJECTS/SUBDIVISIONS

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

carried unanimously, the Board approved the request for full payment to Paquette Paving Company, for Project No. SA-44, Crystal Heights Subdivision, in the amount of $27,237.50.

ACCOUNTS ALLOWED/SIGNS/MUNICIPALITIES

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 re-face ten (10) signs, at a cost of $124.00.

COMMISSIONERS

At 11:25 a.m. the Chairman turned the chairmanship over to Commr. Windram, Vice-Chairman.

CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE

ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for a change order with Trac Roadbuilders, Inc., on Contract No. 9-86, Lake Unity Road, in the amount of $1,950.00, for the installation of 91.5 feet of guardrail.

BIDS/MAINTENANCE/MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request to advertise for bids to paint the Leesburg and Minneola maintenance barns.

Commr . Deems was not present for the vote.

COMMISSIONERS

At 11:30 a.m. the Vice-Chairman, Commr. Windram, turned the chairmanship back over to Commr. Carson.

CONTRACTS, LEASES & AGREEMENTS/RESOLUTIONS

ROADS-COUNTY & STATE

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the request for signatures on a Railroad Maintenance Agreement, with the Department of Transportation, for railroad signalization at North Bay Road #4- 260.

Commr. Deems was not present for the vote.

ROADS-COUNTY & STATE/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request to apply for funds, from the Florida Department of Commerce, Economic Develop- ment, for the purpose of road construction (Mohawk Road).

ROADS-COUNTY & STATE/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to name an unnamed road, located in the South l/2 of Section 7, Township 18, Range 29, in the unrecorded subdivision of Forest Park, "Tom's Pond Road".

SUBDIVISIONS/ROADS-COUNTY & STATE/PUBLIC WORKS/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to accept the tollowing roads, in the Crystal Heights Subdivision, into the County maintenance system:

Lomax Drive #l-5406A

McWhorter Avenue #l-5406

ROADS-COUNTY & STATE/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request to record a maintenance map on Bay Road #4-4260 and Dotson Cutoff #4-4460.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

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

Lenora A. Young #2-4006 Caballo Road

DEEDS/ROADS-COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to release the following road reservations, from the Department of Transportation, for the following Murphy Act Deeds:

1187 Release all reservations S . of Leesburg

2076 Release all reservations Lady Lake

2821 Release all reservations E. of Umatilla

1273 Release all reservations Lady Lake

1522 Release all reservations Bassville Park

1922 Release all reservations N. of Umatilla

778 Release all reservations S. of Yalaha

2818 Release all reservations E. of Umatilla

1251 Release all reservations W. of Astatula

1551 Release all reservations Clermont

287 Release all reservations Eustis

557 Release all reservations Eust is

REPORTS

Mr. Michael C. Willett, County Administrator, presented to the Board, as an information item, a report on the second quarter activities of the Lake County Economic Development Council.

No action was taken.

DEEDS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept a Warranty Deed, from Forrest Hills Voluntary Fire Department, to the Board of County Commissioners.

PUBLIC HEALTH/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Medical Examiner, to purchase one (1) two-body morgue cart, at an estimated cost of $1,700.00.

ACCOUNTS ALLOWED/WELFARE DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Welfare Department, to purchase a desk, at an estimated cost of $350.00.

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the renewal contract between the Oklawaha Basin Recreation and Water Conservation and Control Authority and the Board of County Commissioners (Chapter 16C-50, Florida Administrative Code) and the Department of Natural Resources, and authorized the necessary signatures on same.

MOSQUITO CONTROL/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Eric Cotsenmoyer to attend a Conference on Research and Applications of: Aquatic Plants for Water Treatment and Resource Recovery, July 21- 23, 1986, Lake Buena Vista, at an estimated cost of $184.00.

PERSONNEL/ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for Glenn W. Timmons to attend "Aids: Issues in the Workplace" Seminar, in Lakeland, on May 28, 1986, at a cost of $60.00.

ZONING/COUNTY EMPLOYEES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to hire Julie Bruck, as a Zoning Technician for the Zoning Department, at a starting salary of $12,000.00.

POLLUTION CONTROL/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request for Jack Dequine and Paulette Alexander to attend a Conference on Research and Applications of: Aquatic Plants for Water Treatment and Resource Recovery, July 21-24, 1986, Lake Buena Vista, at an estimated cost of $650.00.

PUBLIC WORKS

Commr. Burhans suggested to the Public Works Department to put in some overtime this week, if necessary, to repair roads that have been damaged by heavy rains.

No action taken.

RECESS AND REASSEMBLY

At 11:45 a.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for road closings.

ROAD CLOSINGS - Picciola Area - Petition #418

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

It was noted that the proper proof of publication was on hand as it appeared in the April 24, 1986, and May 1, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request to vacate an easement in the Picciola Area, as advertised in Petition No. 418, by Robert E. Hedgcock.

ROAD CLOSINGS - Trout Lake Area - Petition #419

Ms. Betty Wilson, owner of Lots 40, 46, and 47, appeared before the Board and stated that if Dix Avenue is vacated, that she will not have legal access to the lake that is near her subdivision.

Mr. Chris Ford, County Attorney, informed Ms. Wilson that she, in fact, did not have lake privileges just by owning said lots, but that she probably did have legal access to it. He also stated that it would take legal research to find out who owns the lake, and if, in fact, the public has the right to use the lake.

Ms. Wilson stated that she would like it to be part of the record that she intends to petition, in the near future, to have her road vacated. She also stated that she has no objections to the petitioner vacating her road, if, at the time she decides to vacate her road, that petitioner will not object to her vacation.

It was noted that the proper proof of publication was on hand as it appeared in the April 24, 1986, and May 1, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to vacate the whole subdivision in the Trout Lake Area, as advertised in

Petition No. 419, by Jean S. Ralston.

ROAD CLOSINGS - Leesburg Area - Petition #420

Mr. Bruce N. Parks, petitioner, appeared before the Board and stated that he did not want to take away anyone's access to their land or to cause a hardship on his neighbors by cutting off their legal access to their land (which, in fact, is what he would be doing by vacating this street).

It was noted that the proper proof of publication was on hand as it appeared in the April 24, 1986, and May 1, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board denied the request to vacate a street, bordering on Lake Lucille, in Leesburg, as advertised in Petition No. 420, by Bruce N. Parks.

ROAD CLOSINGS - Altoona Area - Petition #421

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

It was noted that the proper proof of publication was on hand as it appeared in the April 24, 1986, and May 1, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the vacating of a part of an unnamed street in the Town of Altoona, as advertised in

Petition No. 421, by Richard Dale Gibson.

ROAD CLOSINGS - Sorrento Area - Petition #422

Mr. Dorsey Hughes, Vice President of Triple A Improvement Company (owner of nursery in opposition to this case), appeared before the Hoard and stated that his company had purchased the nursery in October of 1985 and had been using the Averill Street entrance since purchasing the property.

Mr. Troy Bronson, petitioner, appeared before the Board and stated that he has to constantly maintain the road and that no one offers to help him foot the cost of maintaining said road. He also stated that no purpose is served if the road is left open. h 'I)

Ms. Katherine Stadlmeir, Sorrento, appeared before the Board .& and presented a petition in approval of the closing of the road.

It was noted that the proper proot of publication was on hand as it appeared in the April 24, 1986, and the May 1, 1986, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the vacating of a portion of Averill Street, in the Sorrento Area, as advertised in Petition No. 422, by Troy S. Bronson.

Commr . Burhans and Commr. Smoak voted "No".

Commr. Smoak stated that he would like the record to reflect that one never knows the situation of the Board of County Commis- ioners; to close the road that fronts Mr. Hughes' property when he opposes the closing and has hundreds of feet of frontage on said road.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 424 - Sorrento Area

No one present in the audience wished to discuss the request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise a" alley way in the Sorrento Area, in Petition No. 424, by Mervin E. and Nell P. Terry.

Petition No. 425 - Montverde Area

No one present in the audience wished to discuss the request

with the Board.

Commr. Smoak stated that he was the principal of said development: therefore, declared a conflict of interest and abstained from voting.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the request to advertise the vacating of portions of unnamed roads in the Montverde area, in Petition NO. 425, by Richard 0. Newman.

Petition No. 426 - Yalaha Area

Mrs. Debbie Hall, representing the petitioner, was in the audience to discuss the request with the Board, if need be.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to advertise the vacating of a portion of Park Street in the Yalaha Area, in Petition No. 426, by C. A. Moye and Julie A. Stenstrom.

Petition No. 427 - Mt. Plymouth Area

No one present in the audience wished to discuss the request

with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise the vacating of that portion of Coldstream Street, from Deal Drive to St . Andrews Boulevard, in the Mt. Plymouth area, in Petition No. 427, by Sharon A. Close.

Petition No. 428 - Lake Louisa Area

Mr. Russell Rlakeslee, Winter Garden, petitioner, appeared

before the Board and stated that he intended to purchase said lots with the idea of developing them for homes in the upper class range.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise the vacating of a road in the Lake Louisa Area, in Petition No. 428, by Nelson & Co., Inc. (R. T. Wheeler, Jr.).

HEALTH DEPARTMENT/COUNTY PROPERTY

Dr. June Atkinson, Director of Lake County Health Department, appeared before the Board to request permission to purchase property (of which several site locations were presented to the Board), for the new location of the Leesburg Health Department, of which funds were set aside ($35,000.00) in the FY 85-86 budget. She also stated that Health and Rehabilitative Services had given approval to go ahead with the project and that she was requesting approval for Site No. 2 (located on Griffin Road in Leesburg).

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the Building Committee recommendation for the purchase of a new location site, at a cost of $35,000.00, for the Leesburg Health Department, waiving appraisal fees, contingent upon proper rezoning for the City of Leesburg.

The County Attorney recommended that a draft of the contract be drawn up, by the realtor, for review by the County Attorney.

WATER AUTHORITY

Mr. Will Davis, Lake County Water Authority, appeared before the Board to update the Board on the current status of the U.S. Geological Survey Lake Apopka Nutrient Study. He stated that the St. Johns River Water Management District (who had previously committed funds to match Lake County and the University of Florida study) has pulled the $30,000.00 matching monies from the Lake Apopka restoration project in the U.S. Geological Survey three-year study out of those available funds.

Mr. Davis also stated the USGS cannot go out on a contractual bid, therefore, the water management district attorneys have indicated that no Lake Apopka monies can be spent on the project. The Water Resources Department is pursuing the option that the USGS would be a sole source bid.

Mr. Davis stated that this problem would be brought before the Governing Board at their June 11, 1986 meeting and would hopefully have a ruling on it at that time; therefore, he recommended that the Board postpone any action at this time, pending the outcome of that meeting . He also stated that Mrs. Alexander intended to appear before the Water Authority Board and request an additional $15,000.00 above the $ll,OOO.OO originally allotted.

Commr. Smoak stated that the Lake County Board of County Commissioners should strongly indicate to the St. Johns Water Management District that Lake County fully expects their support on the Lake Apopka study, as they previously committed, and that whatever is needed to satisfy their legal staff that they are complying with the State Statutes, needs to be done.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request that the Board of County Commissioners instruct the County Attorney's Office to communicate directly with staff attorney, for the St. Johns Water Management District, to resolve any legal problems which their.attorney might have, and to make suggestions on how the St. Johns Board can approve those areas of mutual interest that significantly affect the downstream waters of Lake County, originating from Lake Apopka.

The County Attorney stated that the Pollution Control Board felt that it was vital that the project proceed, and that some feel there is an effort, on the part of St. Johns, to delay it.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request that the Board of County Commissioners go on record as supporting the background study, as previously discussed, and that the Board go on record as supporting additional funding, as necessary, to bring said study into reality in conjunction with the St. Johns Water Management District, the Lake County Water Authority, and the U.S. Geological Survey.

ZONING (CONT.D)

Case #60-86-2 A to C-l James P. Gills and #86/4/2-2

CUP in CP James P. Gills

Mr. Steve Richey, Attorney, representing Dr. James P. Gills, appeared before the Board to represent said case for final discussion and approval.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board overruled the recommendation of denial by the Planning Commission and approved the request for rezoning from A (Agriculture) to CP (Planned Commercial) coupled with a Conditional Use Permit with the language, as indicated reviewed by the County Attorney's Office, which specifically, in both documents, indicates that it is for the use of the traveling public, specifically prohibiting condomization, cooperative associations, or restricted to memberships, without first and prior approval of the Board of County Commissioners, of any changes being made.

COUNTY EMPLOYEES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to allow certain members of the County Administrator's staff to contribute sick lea& to an employee (who will be going on disability) to carry over until employee's disability goes into effect.

CONTRACTS, LEASES L AGREEMENTS/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the contract between Golden Gems and the Board of County Commissioners ($1,500.00 annual rental fee), for rental of the tower for antenna purposes, for centralized fire communications, and authorized the necessary signatures.

CONTRACTS, LEASES & AGREEMENTS/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the contract between Thomas A. Hanson, et. al. and the Board of County Commissioners, for a piece of land that adjoins the Libby property, on Hwy. 27. The cost is approximately $6,400.00 per acre.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:25 p.m. ATTEST:

JAMES R. CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK

sec/5-27-86