A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 15, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, January 15, 1985, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; C. A. "Lex" Deems; Claude E. Smoak, Jr.; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney: Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director; and Toni M. Austin, Secretary.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of January 2, 1985, as corrected.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of January 8, 1985, as submitted.

TAX COLLECTOR

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the publication of the Delinquent Tax Notifications in the South Lake Press newspaper, as recommended by Mr. Watkins, Clerk.

BONDS - CONTRACTOR

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

Bonds:

New

0503-85 James H. Williams (Concrete)

1271-85 Oran B. Ellis, Sr. (Plumbing1

1730-85 Richard Lockwood Painting (General Contractor - Painting)

4226-85 Daniels & Snell Construction Company

4227-85 Terry Yoder & Darwin Rutz (Concrete & Cement Work)

4228-85 Wesley Stephen Nave (Residential)

4229-85 Donald Lee Blalock dba Blalock Aluminum Products (Alum. Spec.)

LICENSES AND PERMITS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the revocation of the gun permit issued to Thomas L. Furlow, per request of the U. S. Probation Office in Ocala, Florida.

REPORTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending January 4, 1985, in the amount of $7,557.33.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the payment of Warrant #46161 through Warrant #46397 for the following accounts:

General Revenue Fine and Forfeiture

County Transportation Trust Revenue Sharing

Mosquito Control Law Library

Aquatic Weed Northeast Hospital

Northwest Ambulance Section 8

Private Industry Council Landfills

Countywide Library Special Assessments

Included in the motion was approval of payment of the following indigents:

Lazora Apartments for Nina Farrell/$50 for Jan./District #5

Montclair Village for Sabrina Davis/$50 for Jan./District #1

APPOINTMENTS-RESIGNATIONS/CHECKS RECEIVED/FIRE DISTRICTS-FIRE DEPARTMENTS/TAX COLLECTOR

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the resignation of Mr. Frank Meade, Fire Commissioner, South Lake Fire Control District, as of January 1, 1985, and directed a letter of appreciation.

Included in the motion was the acceptance of the check from T. Keith Hall, Tax Collector, in the amount of $100.10 for unclaimed redemption monies.

CONTRACTS, LEASES AND AGREEMENTS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the proper signatures on the Addendum #4 to Cooperative Equipment Lease between the Division of Forestry and the Board of County Commissioners for the Astatula Volunteer Fire Department and the Paisley Volunteer Fire Department and Addendum #5 for the Pine Lakes Volunteer Fire Department and the Astatula Volunteer Fire Department.

ASSESSMENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper : signatures on the following Satisfaction of Assessment Liens:

St.Johns Waterfront Estates

Perry W. Strait & Frances A. H/W $298.33

Laurel Lea Subdivision

Earl F. & Margaret A. Coell $590.40

Oiva & Irene R. Ylimaki 590.40

Ocala Forest Campsites #3

Joseph & Rose Barisas $546.00

G. E. & Gladys Irene Gay 591.50

Louis F. Kinderman 523.25

Lawrence J. & Ruth Reynolds 455.00

Dorothy H . Warner 546.00

Louis & Olga Peterec, Sr. 455.00

Martha Bender 455.00

Paul & Blanche Schultz 455.00

Petras R. & Loretta M. Vainius 546.00

Jack C. Reccius 546.00

Alvin V. & Dora B. Mountford 182.00

Ewing Von Axelson, Jr. 182.00

Ralph L. & Audrey J. Ressler 182.00

James H. Watson & Audrey J. Ressler, subject to

life Estate in favor of Grace G. Gray 182.00

James H. Watson & Audrey J. Ressler, subject to

life Estate in favor of Grace G. Gray 182.00

Peary Gunderson 182.00

John F. Filz, Sr. 182.00

Paul & Mary Ann Von Axelson 182.00

Walter C. & Ruth Wilkins 182.00

Francis M. Ferguson 182.00

Morley & Betty Kempf 318.00

Albert E. & Dorothy M. Morgan 546.00

Robert J. & Janette A. Vogel 455.00

Wymond F. & Dorothy L. Bell 455.00

Reginald F. & Pearl E. Higgins 455.00

Charles M. Wind 455.00

Reginald F. & Pearl E. Higgins 455.00

Frank M. & Rouletta M. Clute 455.00

Joseph E. & Pearl L. Ward 455.00

Bertil & Fannie Spongberg 455.00

Gene A. & Chary1 L. Arneson 455.00

Dennis W. & Rosemarie T. McCaig 455.00

Harold L. & Josephine Cole 455.00

Henry J. & Lorraine M. Finck 182.00

Richard A. & Ruth C. Dutcher 182.00

Matilda S. & Clara E. Fraser 182.00

CONTRACTS, LEASES AND AGREEMENTS/TAX COLLECTOR

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the increased amounts in the lease for T. Keith Hall, Tax Collector, South Lake County Annex.

Commr. Smoak suggested that the County Commissioners review the possibility of consolidating all of the County offices in Clermont into the old library building, and that it would probably be available at a considerable amount of savings for the County. He stated that the City of Clennont has taken action, through their City Council, to request the County to review the possibility of performing the building inspections in the City of Clermont, which would generate fees.

Mr. Watkins stated that he receives a performance report for the County offices in the City of Clermont. He recommended that a community education program be constructed to inform the public of the services available in that area.

At this time Mr. Watkins stated that the possibility of bringing all of the principals together should be reviewed prior to budget time so that a recommndation can be made for the new budget year. He further stated that he would like to discuss with Mr. Willett areas that the County could consolidate in terms of personnel.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1, for monies in the amount of $100.00 to reimburse the Lake County Sheriff's Department for registration and course fees paid to Valencia Community College for Investigator Gloria Terry to attend a seminar on child abuse December 4-6, 1984.

COUNTY ADMINISTRATOR'S AGENDA

GRANTS

Mr. Bob Fields, Planning Department, appeared before the Board to discuss the applications received for the Community Service Block Grant Fund. At this time Mr. Fields stated that all past recipients of the Block Grant Funds were properly notified, and only two applications requesting one-half of the funds, which total $7,589.00, were received.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for the Community Service Block Grant to be split in equal portions to Haven Inc. and Sunrise Workshop, totaling $7,589.00, as recanmended by Mr. Fields, for the Fiscal Year 1984-85.

ROADS-COUNTY AND STATE/SIGNS/RESOLUTIONS

Mr. Willett stated that a petition was received from the property owners requesting the placement of 30 mph speed limit signs on Forest Road 572 Kismet Road.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for a 30 mph speed limit on Forest Road 572 Kismet Road, as recanmended by the District Commissioner.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of two service trucks with cranes on County Bid #017-070-085 from Freedom Ford, Inc. in the amount of $15,876.57 each, with the bid being the lowest that met specifications.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to purchase a JCB backhoe from the state bid list from Ring Power Equipment Company in the amount of $26,000.00.

CODE VIOLATIONS/COMMUNICATIONS

Commr. Windram discussed with the Board the condition of the Florida Central Academy, and read a letter received by the County Attorney's Office from Dianne H. Seelie, owner of the property formerly occupied by the Florida Central Academy. The letter stated her contacts with the State of Florida Department of Architectural Preservation and attempts to place the building on National Register through the auspices of George Firestone's State of Florida Historic Preservationist Program. Commr. Windram stated that the State has not been very encouraging at this point. At this time Commr. Windram read a letter fran Rosemary F. Bennett, Director of Associated Realty Services, Inc. stating that Ms. Seelie is in the process of attempting to sell the property. Commr. Windram stated that he had requested that Jerry Sexton, Director of Development, and Charlie Taylor, Chief Building Official, examine the property, and see if there was a way that the County could condemn the property.

Mr. Jerry Sexton, Director of Development, addressed the Board to discuss the conditions of the property, and stated that after investigating the situation, there was evidence that the place had been vandalized. He stated that Ms. Seelie indicated that she had spent $5,000 for the cleanup of the area and $25,000 having the facility boarded, but apparantly neither had been done.

Mr. Sexton stated that Ms. Seelie indicated that she would have a survey conducted so that she would be clear as to the buildings that she actually owned.

Mr. Chris Ford, County Attorney, stated that the Building Official has the right, under the Southern Building Code, to condemn buildings if they are a health and safety hazard to the community.

Mr. Sexton submitted pictures taken of the property for the Board's review. Mr. Ford stated that after reviewing the pictures, he feels that the County Code Enforcement Office could impose a cleanup of the property.

Discussion occurred regarding a full-time caretaker on the premises.

Mr. Raymond Kelly, Sorrento, appeared before the Board to discuss the situation at Florida Central Academy. He discussed the problems with juveniles and young adults vandalizing the facilities and law enforcement agencies seldom making arrests.

Mr. Ford suggested that part of the problems be turned over to the Code Enforcement Board and have the building officials look at the buildings for some type of condemnation. He stated that he did not know of a way that the County could legally put an individual on the property for security.

Mr. Sexton stated that Mr. Taylor did not feel that the buildings could be condemned because most of the structures were sound.

It was the feeling of the Board that some type of immediate action should be taken regarding the security and safety of the property for the sake of the community.

COMMISSIONERS

At 10:00 a.m. the Chairman postponed the public hearing on

SA-35, Sorrento Shores, until 10:15 a.m.

CODE VIOLA'TIONS/COMMUNICATIONS (CONT'D.)

It was the feeling of the Board that the County Attorney should direct a letter to Ms. Seelie indicating the concerns for immediate action and expressing the comments made today by the Board.

Discussion occurred regarding the suggestion of a full-time security individual, and the County not having the legal authority to require her to do so.

Mr. Ford stated that the Board might be more successful if the liaison commissioner discussed the problem with the Sheriff and suggest that more arrests be made so that the news would be available that something was being done, and perhaps have a special deputy to do just that.

Mr. Kelly informed the Board that a statement had been received by the Sheriff's Department from Ms. Seelie authorizing Mr. Thomas and Mr. Kelly to prosecute any trespassers caught on the premises of Florida Central Academy.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board instructed the County Attorney's Office to take any and all legal action possible to remedy the situation as presented today regarding the Florida Central Academy.

ASSESSMENTS/BIDS

The Chairman announced that the time had arrived for the public hearing on Special Assessment #35, Sorrento Shores.

Mrs. Inez Purdy appeared before the Board and stated that she has signed petitions with 61% of the people living in the Sorrento Shores area, and at this time requested that the Board reconsider and go out for bids on the project.

Mr. Willett, County Administrator, addressed the Board on all of the procedures and recommendations that had been considered for this project. The following is the recanmendation that he presented to the residents and property owners:

1. Harbor Way, Windward Avenue, Leeward Street and Bay Avenue be classified as a collector (County will pay 50% of the cost.)

2. Anchor Avenue and Pelican Street remain classified as locals (County will pay 33% of the cost.1

Cost estimates for these roads are as follows:

Collector: $353.196.00

-50% 176,598.OO

$176,598.00 - divided by 17,024.49 assessed feet = $10.37 per foot

Local: $ 94,523.52

-33% 31,192.76

$ 63,330.76 - divided by 5,169.49 assessed feet = $12.25 per foot

3. In order to equalize the cost to all the property owners the following assessment method is recommended:

a. Lot 26 (Replat) and Lot 45, that presently have maintained road frontage on one side be assessed in the normal manner (the short side of the lots.)

b. That the remaining 47 lots in the project be assessed on a per lot basis, using the total estimated due from the property owners to figure the cost.

Estimated total due from property owners: $239,928.76

less Lot 26 (Replat) 255.60' @ $10.37' 2,650.57

less Lot 45 318.00' @ $10.37' 3,297.66

Subtotal $233,980.53

$233,980.53 divided by 47 lots = $4,978.31 per lot

This method considers the large parcels owned by Jerry Ellis (Southern Gardens) and Consor, Inc. as one lot, reduces their cost and spreads it on the property owners actually living in the subdivison and using the roads.

4. It is further recommended that if the property owned by Southern Gardens or Consor, Inc. is subdivided during the seven year repayment period allowed on special assessments, that they be required to pay the other property owners the cost difference which was assessed to them.

Discussion occurred regarding the assessment roll and the

proposal.

Mrs. Dorene Poe, property owner, appeared before the Board and stated that she objected to Mr. Ellis not wanting to pay his assessment portion.

Mrs. Purdy stated the willingness of the property owners to pay the $10 per foot on their own front footage.

Discussion occurred regarding the original approval of a

mandatory lien assessment.

Mr. Robert Vason, representing Mr. Ellis, appeared before the Board and stated that they have no problem with the recommendations made by Mr. Willett in his January 11, 1985, memorandum, but have a problem with the original plan. He stated that if you add the assessment of Mr. Ellis and Mr. Luck, it would be 48% of the total assessment. Mr. Vason stated that his client does not use the road, his land is agricultural, and feels that the proposal submitted by Mr. Willett is fair because it provides, should the land be developed at some time in the future, that he can come back and repay the costs to the County.

It was noted that Mr. Luck had agreed to the front footage

assessment and including Ebersole Road.

Mr. Willett stated that there would be a meeting today at 1:30 p.m. to discuss the Ebersole Road problem.

Mr. Larry Luck, grandson of Mr. Luck, stated that his grand- father objected to the seven year repayment period by the owner of Southern Gardens or Consor, Inc., and requested that a lifetime phrase be added due to the possibility of future development by Mr. Ellis.

Mr. Vason stated that Mr. Ellis was willing to pay $4,000- 5,000 dollars with reasonable terms.

Mr. Jeffrey Luck, son of the property owner, Mr. Luck, appeared before the Board and discussed a court matter involving land owned by his father that involved Mr. Ellis.

Mr. Willett recommended that the Board approve the bid that had been publicly advertised and use a mandatory assessment as the County originally recommended.

MS. Nancy Phelps, property owner, appeared before the Board and stated that she is the third largest property owner and is willing to pay her assessment. She requested that the assessment be approved and the roads paved.

Mr. Willett stated that if the local and the collector cost estimates are approved, the County will be looking at a $447,000 project without Ebersole.

Mr. Willett stated that this type of project was cutting into the County Road Program, and that the cost benefit of this type of project needs to be considered. He stated that he will discuss the road program and funding on February 5, 1985, at a regular scheduled meeting.

Commr . Deems stated that he felt this project should have priority, because the property owners were willing to pay and so much time has been spent to establish the project.

Mr. Willett recommended that a mandatory lien assessment be placed on Sorrento Shores, including the local and collector. He stated that there are problems with the legality and conflicting surveys involving Ebersole Road.

Mr. Ben Benedum stated that there are two alternatives to the Ebersole problem: 1. pave the road and let the owners take the County to Court, or, 2. go to court and get the surveys resolved.

Mr. Willett requested 30 days in which to resolve the problem with Ebersole road and then go out to bid on the whole project, or if the problem cannot be resolved, go out to bid only on Sorrento Shores.

Mr. Willett recanmended that the Board levy a mandatory assessment on all of Sorrento Shores: don't put the bid out for 30 days until the Problem at Ebersole Road can try to be resolved, and even if the Board wants to go with the possibility of a lawsuit, the County can add Ebersole Road and then bid the whole package, which will cost approximatley $750,000.

Commr. Smoak stated that the Commission might consider post- oning action on Ebersole Road until the road program policy is reviewed for those types of roads.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the recanmendation of the County Administrator and approved a mandatory lien assessment for Sorrento Shores, and not bid the project until 30 days so that the Ebersole problem can be resolved.

Commr. Burhans and Commr. Smoak voted "no".

WATER RESOURCES

Ms. Joyce Walker, Director of the Clermont Chamber of Commerce, appeared before the Board to request their encouragement and support in asking the Florida Department of Environmental Regulation to designate the Lake County portion of the Palatlakaha River Basin, including the Clermont Chain-of- akes, and Big and Little Creeks to the Lake/Polk County line as Outstanding Florida Waters (OFW). She stated that she had spent a considerable amount of time reviewing the Upper Palatlakaha Basin Comprehensive Water Study Technical Report that was made on the Palatlakaha system, and recommended the areas, as previously mentioned, be designated into the system.

Ms. Walker stated that the main concern of the Clermont Community and the Chamber of Commerce would be to preserve the system and keep it at the present level of purity.

Commr. Smoak discussed a proposal by Minneola Harbors

Sub Division to development the north side of Lake Minneola in south Lake County. He stated that he supported a portion of the designation being requested. Be further stated that if we stop at the Lake County line, and don't include those waters in Big Creek that flow from Lake Lowery, which the residents of Polk County are now trying to divert waters which flowed historically north through Big Creek. These waters tend to feed and cleanse our chain of lakes, to divert them to the south to relieve high water problems to approximately 40 families at the north side of Lake Lowery that were permitted to build in the flood plain by Polk County during the dry times. He stated that this diversion could have a great effect on us.

Commr. Smoak stated that he felt that it was extremely important from the public awareness standpoint, from the developer standpoint, and from the potential drainage point of developments into our lake system that we look favorably upon the designation of some area in the Clermont chain. He stated that it would be a lot more politically acceptable to go back to the headwaters and control the headwater flow than it is to go beyond man-made structures, such as Cherry Lake.

Ms. Walker stated that she concurred with the statements made by Commr. Smoak, but the reason she recommended this particular area be designated was because of the time factor to get the approval.

Discussion occurred regarding the use of the Upper Palatlakaha Basin Comprehensive Water Study in basing to the designation being presented, and the Lake County Wetlands Ordinance. Commr. Smoak stated that the only way to protect the headwaters is to incorporate with Polk County. If Polk County gets the authority to divert waters, which are historically northern flow waters, the impact will be tremendously more than the benefits derived from the designation.

Mr. Will Davis, Lake County Water Authority, was present to discuss any questions that the Board might have regarding the proposal.

Mrs. Young informed the Board of a meeting at 5:30 p.m. tommorrow evening of the Oklawaha Basin Board and the St. Johns River Water Management District, and that they are going to discuss the Lake Lowery problem.

Mr. Charlie Russ appeared before the Board to encourage the County Commissioners to pursue this designation with a course of action that will keep the water in its present state. Be stated there was no reason to request the designation unless it includes Lake Lowery and all of the water to at least the Cherry Lake water control structure. Mr. Russ, in behalf of the Water Authority, requested that the Board of County Commissioners pursue the designation to include the entire water chain of Palatlakaha; also in the action today, the Board not specify any particular area or any particular course of action other than calling for DER to send a representative that can answer questions and further inform this Board, our Water Authority, concerned citizens, etc. as to the best approach that we can make towards pursuing this designation.

Mr. William Dailey, Pollution Control Board, appeared before the Board and stated that the main problem was getting cooperation from all of the agencies involved. Be stated that there has been an increase of pollution in septic tanks, and the best way to handle the problem would be the designation along with Cherry Lake.

Mrs. Gray and Mrs. Simon, property owners at Crescent Lake, were present to express their endorsement to the designation as presented.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to endorse the concept of the Outstanding Florida Waters for the Upper Palatlakaha River through and including the Clenont chain of lakes to Cherry Lake, and that we work with the Lake County Water Authority and invite a representative from the Department of Environmental Regulations to a work meeting February 5, 1985, at 2:00 p.m., to discuss the specific effects on Lake County of the designation and to hear his recommendations to specific areas in filling out the application.

ORDINANCES/ZONING

Mr. Jerry Sexton, Director of Development, appeared before the Board to discuss the reduction of house sizes in Lake County. Mr. Sexton pointed out the large discrepancy currently within the zoning ordinance on house size requirements.

Discussion occurred regarding the information supplied by Mr. Sexton which included a table illustrating demographic changes that affect housing needs fran the following sources: U.S. Census of Housing 1960, 1970, 1980; Florida Estimates of Population, 1983; Number of Households and Average Household Size in Florida, 1983, Bureau of Economic and Business Research, University of Florida. Mr. Sexton stated that because of the decrease in population and the rising housing costs, the County is going to have to look at a decrease in structural size. He stated that he had received requests from developers and individuals to reduce the housing sizes because of the demand that was being made.

Mr. Sexton stated that he had a meeting with a committee of

builders and realtors and discussed three alternatives being the

following:

1. No house size requirements at all

2. One overall house size for all zoning districts

3. Adjustment of house size requirements in individual zoning districts

At this time he discussed the feelings that the Committee had on each alternative and the ramifications should the changes be adopted.

Mr. Sexton requested direction from the Board before a complete study was conducted, and that the staff feels that this was something that needed to be pursued because it is affecting all of Lake County. At this time Mr. Sexton directed the Board's attention to the printout of a listing of county jurisdictions in the state and their house size requirements.

Mr. Carl Ludecke, developer, appeared before the Board and discussed his type of development and requirements. He stated that the Committee was almost unanimously in favor of eliminating all house sizes completely in new platted subdivisions and letting the market price dictate according to the location and price of the land, and that the committe was not looking for any change in the lot sizes or setbacks.

Ms. Joy Dangler, President of the Lake County Board of Realtors, appeared before the Board and stated that after a poll of the realtors, most were in favor of a 'zero house size, or definitely reducing the house size.

Mr. Jim Krouse, planner for Cardinal Industries, appeared before the Board in support of the comments made by the staff.

Mr. Krouse discussed the procedures that have been taken by other counties within the state. He further discussed mandated health codes and building codes, and stated that the changes would be consistent with the Comprehensive Plan.

Mr. Mike Tubbs, Oviedo, Florida, appeared before the Board and discussed the econany and trend that is being followed. He discussed deed restrictions and stated that the houses in Lake County are too large for the property, with a demand for smaller homes.

Discussion occurred regarding the Board's concerns with subdivisions that are not developed but are platted, and retaining the current restrictions and the current zones in partly developed subdivisions.

Mr. Chris Ford, County Attorney, expressed a concern with legal problems with not everyone benefiting from the new law and stated that he was going to have Sandy Minkoff research the legalities.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board went on record supporting the basic direction in which the study committee and staff have recunmended, and for them to continue and cane back with recommendations to the Board.

RECESS AND REASSEMBLY

At 12:30 p.m. the Board recessed for lunch and reconvened at

2:00 p.m. for the remaining County Administrator's Agenda.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

ROAD CLOSINGS - Portion of Second Street - Petition No. 367

No one present 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 December 17, 1984, and January 3, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved to vacate that portion of Second Street between Palmetto Avenue #2-3109 and Lemon Avenue, as recorded in the Plat of Okahumpka, Sumter County Plat, Section 15, Township 20 South, Range 24 East Lake County, Florida, by Robert E. Lewis, as per Petition No. 367.

Commr. Deems was not present for the vote.

ROAD CLOSINGS - Portion of Island Drive - Petition No. 368

No one present 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 December 27, 1984, and January 3, 1985, editions of the Sentinel Star, Lake Little Sentinel.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved to vacate that portion of Island Drive lying East of the Northern Extension of the East Right-of-Way Line of South Island Drive to the North Boundary of Island Drive and lying West of the Centerline of the connection of Silver Lake and Bass Lake, all described in the Plat of Chain "O" Lakes, recorded in Plat Book 12, Page 74 of Public Records of Lake County, Florida, by Ralph Lappe, as per Petition No. 368.

ROAD CLOSINGS - Silver Lake Estates - Petition No. 369

Mr. Steve Richey, representing the petitioner, appeared before the Board and addressed the issue of the publication of both plats involved in the request.

Mr. Clyde Kocalvis requested an explanation of the vacation and stated that he had no objections to the request.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the vacation of that portion of an unnamed right-of-way described as the East 15 ft. of Block 43, East 15 ft. of the South 407' of Block 37, West 15 ft. of the south 1,062' of Block 43, Silver Lake Estates, revised and corrected in Plat Book 10, Page 69, Section 14, Township 19 S, Range 25 E., Public Records of Lake County, Florida, by Steven J. Richey, Attorney, as Per Petition No. 369, and also described in Plat Book 5, Page 2, Silver Lake Estates, Public Records of Lake County, Florida.

BIDS

Mr. Ben Benedum, Public Works Coordinator, addressed the Board to discuss the state contract price and the price from the lowest bidder for seven 5/8 ton pickups. At this time Mr. Benedum stated his concern for the availability of parts should the County go with the state contract price and purchase Dodge pickups.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the purchase of seven 5/8 ton Dodge pickups from state contract.

Commr. Burhans and Commr. Deems voted "no".

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to award the bid for Astor/Astor Park Aerial Mapping Bid #018-955-085 to Woolpert Consultants, low bidder, in the amount of $26,400.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the first payment to Trac Roadbuilders, Inc. for Project No. l-85 Wolf Branch Road in the amount of $139,570.85.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the first payment to Superior Asphalt Company, Inc. for Project No. 2-85 Pepper Ridge Drainage Improvement in the amount of $50,573.63.

GRANTS/OUTDOOR RECREATIONAL FACILITIES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized signatures on the Florida Boating Improvement Project Completion Certificate and Grant Payment Request for the Astor Boat Ramp Renovation.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for Mr. Chick Gregg to fill the vacant position on the Board of Examiners.

SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Letter of Credit to be.extended for six months regarding Forestdel Subdivision improvements, as recommended by Mr. Willett, County Administrator.

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

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

carried, the Board approved to accept the right-of-way deed from Mildred Conley Hawthorne - Huff Road #4-5890.

Commr. Burhans declared a voting conflict and abstained from

voting.

ACCOUNTS ALLOWED/ASSESSMENTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the full payment to Lake Contracting Co., Inc. for Project No. SA-33 in Silver Lake Park, Oveson Replat (portion of Lakeview Avenue) in the amount of $13,781.50.

RESOLUTIONS/ROADS-COUNTY AND STATE

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted a portion of Lakeview Avenue #5-6763A into the County maintenance system.

ASSESSMENTS/BIDS/ROADS-COUNTY AND STATE

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

carried unanimously, the Board approved to bid the following special assessment project:

1. Leesburg Boulevard (portion) from Marguerite Boulevard

to Spring (Crystal) Lake.

BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Daniel DeLong, Astatula Area, District #3, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the renewal of the mobile home bond for Donna Lynn Warner, Bassville Park Area, District #l.

Included in the motion was approval of the cancellation of the following bonds:

1. William H. Jarrett

Charles Murray

3. Terry L. Bennett

4. Frederick Wedel

BIDS/DEEDS/ROADS-COUNTY AND STATE

Mr. Michael C. Willett, County Administrator, informed the Board that the deed had been signed for Radio Station Road and requested permission to go out for bid.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board granted permission to bid for reconstruction of Radio Road once proper documentation has been received.

RIGHT-OF-WAYS, ROADS-EASEMENTS

Commr. Windram discussed with the Board a request from residents at Westmont Avenue regarding the paving of the existing right-of-way. He stated that they offered to pay for the paving and wanted permission to do so along with any requirements that the Road and Bridge Department might place upon them. It was noted that the 30 foot right-of-way is County maintained.

Discussion occurred regarding the drainage and the feelings of the property owners.

No action was taken at this time.

LANDFILLS/CONTRACTS, LEASES, AND AGREEMENTS

Mr. Dan Robuck, Attorney representing NRG/Recovery Group,

Inc., appeared before the Board to discuss the Agreement drafted January 15, 1985, between the Board of County Commissioners of Lake County and NRG/Recovery Group, Inc., and presented two pages of corrections to the Agreement for the Board's review.

Mr. Robuck stated that his client was convinced that the County has the garbage to support the Agreement; however, General Electric Credit has to have a guarantee of garbage before they will fund the money. He stated that General Electric was guaran- teeing NRG/Recovery Group, Inc. will work 70% of the time and on a monthly basis. Discussion occurred regarding the amount of garbage that would have to be burned and wood chips should the quota not be met, and the operating hours of the business.

Mr. Robuck directed the Board's attention to the change in the January 15, 1985, draft, paragraph 1, "NRG agrees to accept waste of 100,000 tons from COUNTY per year." Mr. Sandy Minkoff, County Attorney, stated that in the new draft presented today, the County commits only to require any acceptable waste under its control be delivered to the facility, with the County only being obligated to bury the ash from their garbage.

Discussion occurred regarding the central location for the main facility and the location and costs for three transfer stations. Mr. Willett, County Administrator, discussed the possibility of everyone paying for the capital improvements and raising the cost of transfer stations to include the transportation costs.

Mr. Walt Walters, NRG/Recovery Group, Inc., stated that they are willing to take 100% of Lake County's garbage, as long as their system is working and up to their limits.

Mr. Roland Lewis, Manager of the Solid Waste Operations, Lake County, addressed the Board to discuss statistics of solid waste received by the County, and stated that the requirement can be met for 2,100 tons per week, which includes the City of Leesburg.

Mr. Willett stated that he felt, due to the statistics, that the monthly amount would be more agreeable for Lake County. Discussion occurred regarding acceptable fuel in the Terms and Conditions of the NRG Agreement.

Mr. Minkoff discussed Orange County being in the process of designing a plan for mandatory waste pickup, and Lake County should not try and depend on the garbage from Orange County for the next fifteen years.

Commr. Smoak suggested following the advice of the attorneys and write into the contract the commitment of 100% of the garbage available in Lake County controllable by the Board of Lake County Commissioners to this facility, up to the plant's capacity, with no numbers.

Mr. Robuck stated that there is a provision in the contract

where five large cities must sign the agreement, or the agreement

will be rescinded.

Discussion occurred regarding the changes made in the Agreement and the time factors involved for the start and canpletion of the facility.

Mr. Johnson, General Electric Corporation, addressed the Board and explained the time factors and the funding involved with the project.

Discussion occurred regarding the duration of the Agreement and the effect that modern technology might have on the Agreement in the future.

Discussion occurred regarding the statistics provided by the County staff and the concern for the need of a more secure commitment, and accurate figures that might be obtained by the use of scales at the landfills.

Mr. Robuck informed the Board that the last two sentences on

page three of the Terms and Conditions should be struck.

Mr. Willett and Mr. Lewis stated that they felt comfortable with the 2,100 tons per week with the information that has been supplied.

Commr . Carson suggested leaving the term of 2,100 tons per week with an annual basis of 100,000 tons, which met the agreement of Mr. Walters.

Mr. Minkoff stated that he was more concerned with the BTU requirement than the tonnage requirement because of no conception of garbage BTU's and no control of garbage with the high BTU's, which has no guarantees should something became valuable. He stated that he would prefer taking out the BTU requirement.

Mr. Johnson discussed the reasons for the inclusion of the BTU's in the Agreement and stated it could not be deleted.

Commr . Windram made a motion, which was seconded by Commr. Deems, to approve the contract, along with the amendments provided by Mr. Robuck, and with NRG/Recovery Group, Inc. taking all tonnage supplied by Lake County, and taking any short fall from sources other than Lake County which the County can generate, and acceptable fuel being at the County's discretion, subject to getting the majority of the municipalities approval in Lake County.

Discussion occurred regarding the responsibility of each party to the contract.

Commr . Smoak made a motion to amend paragraph C. on page 1 of the amendements provided today to read "County shall guarantee delivery of acceptable waste at an average heating value of 4,300 BTU per pound or greater."

The motion died for a lack of a second.

At this time the Board voted on the original motion, which was carried, with Commr. Smoak voting "no".

Commr. Smoak requested that the record reflect that he did not vote against the proposal or the concept, but against the specific contract because of the guarantees and the lack of commitments that the County has at this time from the cities and the County.

COMMITTEES/PUBLIC WORKS

Mr. Dan Kotulla, Director of Planning, appeared before the Board and discussed his memorandum dated January 10, 1985, regarding the Road Impact Fees adopted by the Impact Fee Committee, which are as follows:

Land Use Type Fee

(1)Residential (unit) $298.00

(2)General Office (100 sq. ft.) 27.00

(3)Medical Office (100 sq. ft.1 163.20

(4)Warehouse (100 sq. ft.) 24.60

(5)Ge neral Industrial (100 sq. ft.) 26.40

(6)Retail/Commerc ial (100 sq. ft.) 81.60

(7)Motel (unit) 582.60

(8)Recreational (space) 172.20

Mr. Kotulla stated, for clarification, the residential land use category consists of single family, multiple family, and mobile home units, and the $298.20 fee represents sixty (60) percent of the total net cost of $497.00 attributed to mobile home units. He further stated the remaining land use categories represent sixty (60) percent of the total net cost of $45.00 for General Office, $272.00 for Medical Office, $41.00 for Warehouse, $44.00 l/15/85.for General Industrial, $136.00 for for Retail/Commercial, $971.00 for Motel, and $287.00 for Recreational.

Mr. Sandy Minkoff, County Attorney's Office, stated that Professor Julian Juergensmeyer informed the Committee that in the Palm Beach County case, Palm Beach County calculated the total cost of the new development and used a figure of 85% of the total as their impact fee. Professor Juergensmeyer advised the Committee that he and his consulting staff would not feel comfortable charging more than 85% of any actual costs, and the reason was to allow for errors in the way that the costs were calculated. Mr. Minkoff stated that 85% was the maximum that the consultants recommended, and the Committee chose to use 60% of the costs to key it towards the single family costs.

Commr. Smoak stated that the Impact Fee Committee recommended the numbers presented today, based on Professor Juergensmeyer's guidance and the information generated through the staff on the potential short-falls. He stated that it was also a recommendation of the Committee to address the cities and request their participation with the County.

Mr. Steve Richey, member of the Impact Fee Committee, appeared before the Board and discussed the recommendations made by the Committee.

Commr. Smoak stated that the Impact Fee Committee wants the Board to endorse the actions that have been taken by the Study Committee, to authorize the advertisement of the ordinance, and to authorize the Committee members to take this to the Lake County League of Cities tomorrow night and make a presentation of the ordinance. Commr. Smoak stated that he has received mostly positive reactions from the cities.

Mr. Carl Ludecke, member of the Impact Fee Committee, informed the Board that he has talked with one of the attorneys for the Homebuilders and stated that the main concern was the use of the money and the numbers that are involved. He stated that the Committee feels there is a need and a problem and hope that the proposal is approved.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board of County Commissioners approved to endorse the work product of the Road Impact Fee Study Committee and authorized the Committee to take that information to the cities as presented today, and authorized the publication of the ordinance.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:25 p.m.

Glenn C. Burhans

James C. Watkins, Clerk

TMA/l-21-85