A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 18, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, March 18, 1986, at 9:00 a.m. in the Hoard of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman; Glenn C. Hurhans; 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. Deems.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Rurhans and carried unanimously, the Board approved the Minutes of March 11, 1986, as amended.

LICENSES AND PERMITS

On a motion by Commr. Hurhans, seconded by Commr. Deems and carried unanimously, the Board approved the following Gun Permits and Bonds:

RENEWALS

Joseph Allen Messer

Charles F. LaBelle

Donald E. Heuhring

BONDS - CONTRACTOR

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

NEW

4338-86 Morgan J. Knox (Electrical)

4339-86 Kevin S. Rerg (Building)

4340-86 Raymond A. Bauder (Aluminum)

REPORTS

On a motion by Commr. Windram, seconded by Commr. Hurhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending March 7,1986, in the amount of $12,458.49.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Hoard approved and authorized the necessary signatures on the following Satisfaction of Judgments:

James Clarence Farris, Case No. 84-248-CFA, in the amount of $4OO.OO.

Joseph Ronald Baker, Joseph Baker and Blanche Baker, his

parents, Case No. 82-107-CJ, in the amount of $50.00.

ACCOUNTS ALLOWED/INDIGENTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved payment of Warrant #55282 through Warrant #55676 for the following accounts:

Included in the motion was approval for payment of the following indigents for the month of March, 1986:

Barbara Hancock for Edward Peavy/$50.00/District #1

Pepper Ridge Mobile Village for Vernie Caudill/$50.00/District #2

REPORTS/SHERIFF'S DEPARTMENT

Commr. Carson stated that he had received a Quarterly Forfeiture Report, from the Sheriff's Department, to be submitted to the Board as a "For Your Information" item.

RESOLUTIONS/COURTS-JUDGES

A motion was made by Commr. Burhans and seconded by Commr. Smoak to approve a Resolution requested by Judge Aulls designating law enforcement agencies in mental health examinations for transportation purposes.

Action was postponed until the County Attorney arrived.

GAME AND FRESH WATER FISH COMMISSION

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved for the City of Mt. Dora's Palm Island Park to he added to those places where fish improvement funds are used in cooperation with the Game and Fresh Water Commission for feeding fish.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to award #l- 6111 Lake Unity Nursery Road "Part", C-466B Lake Unity Road Design/Build Construction to Trac Roadbuilders, in the amount of $198.807.64.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request for partial payment to Hewitt Contracting Company, for Project No. SA-43 Birr Court , in the amount of $21,702.51.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for final payment to Hewitt Contracting Company, in the amount of $56.027.31, for Project No. SA -42 Astor.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request for new lights to be placed at the intersection of Lake Square Mall and Radio Road, and at the intersection of McDonalds Restaurant and Lake Square Mall, at a total cost of $12,350.00.

ACCOUNTS ALLOWED/SIGNS/MUNICIPALITIES

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the City of Mt. Dora for the County to re-face two street signs, at a cost of $41.00.

ACCOUNTS ALLOWED/MAINTENANCE

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

carried unanimously, the Board approved the request for one- time maintenance for Betty Booie, on Pineway Court, at a cost of $75.00.

RESOLUTIONS/COURTS-JUDGES (C0NT.D)

Discussion occurred, with the arrival of the County Attorney, regarding a Resolution requested by Judge Aulls designating law enforcement agencies in mental health examinations for transportation purposes.

County Attorney stated that Judge Au11 s had asked his office to research the Florida Statutes regarding this matter and stated that the Statutes are very clear, in that it is the duty of the police, unless there are actual written agreements to the contrary.

He also stated that Judge Aulls wanted clarification since the Statute indicated that the County was to designate who would transport: therefore, he asked that the County comply with the Statute.

The County Attorney also stated that he felt there would be additional Resolutions in the future regarding this, but felt that lance it would be up to the City, the Sheriff's Office, and the ambulance companies to work out other Resolutions to it.

The Board indicated a problem with the wording of section of the Resolution, and felt that it should be changed to read, "M" "In all other areas of the County where there is no city police department, with staff on duty, and in the unincorporated areas of the County, the Sheriff of Lake County is the designated law enforcement agency".

The County Attorney stated that he would like to discuss this change in the Resolution with Judge Aulls, before actually taking a vote on it, and get back with the Board at a later time.

No action was taken at this time.

COUNTY ADMINISTRATOR'S AGENDA (C0NT.D)

SUBDIVISIONS/RIGHT-OF-WAYS, ROADS-EASEMENTS

Discussion occurred regarding Butters Subdivision, west of Umatilla. concerning a question as to right-of-way access.

Mr. Butters, petitioner, and Mr. Keith Coffield, engineer, appeared before the Hoard to discuss the case and to answer any questions there might be.

Maps showing the property in question were examined by the Board to try and resolve the problem with the right-of-way.

Mr. Jim Stivender, Engineer with the Public Works Department, appeared before the Board and stated that he saw no problem with the right-of-way lines; that the alignment of the two roads in question do match.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved (with the stipulation that it show a legal access to the adjoining property) the Preliminary Plat of Butters Subdivision.

ACCOUNTS ALLOWED/ROAD PROJECTS/MUNICIPALITIES

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved (with the stipulation that the contractor salvage the pipes and give them back to the County) the request to enter into a change order with the City of Eustis, for Project 452-A Extension of an 8' x 8' culvert, with the County's portion not to exceed a cost of $40,084.61.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for Roland Lewis to attend a Governmental Refuse Collection Disposal Association Spring Seminar in Delray Beach, April 2-4, 1986, at a cost of $243.00.

CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE

RESOLUTIONS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the necessary signatures on a railroad crossing maintenance agreement and Resolution between the Florida Department of Transportation and Lake County, for Crossing #625141-M (Whitney Road).

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved requests for septic tank pumping franchises for George's Plumbing "Let George Do It" - Applicant: George Cook; and Intercoastal Septic Tank Service - Applicant: Bobby R. Emily.

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for a non- exclusive easement over a parcel owned by the County to John D. and Marion O'Kelley.

DEEDS/ROADS-COUNTY & STATE

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

2545 Release all reservations Mt. Plymouth

2695 Release all reservations Mt. Plymouth

2271 Release all reservations Sem. Sprgs.

2776 Release all reservations Mt. Plymouth

2147 Release all reservations Mt. Dora

1872 Reserve 66 ft. for Griffin Avenue Lady Lake

Reserve 50 ft. for Lake Ella Rd. #l-6602

1005 Reserve E 25 ft. Lake Mack Dr. #5-8494

Reserve 50 ft. for Lake Mack Rd. #5-8898

1143 Reserve S 25 ft. for Inez St. #5-8698

Reserve 100 ft. for Stevens Ave. per Eustis

request by City of Eustis.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved a request to purchase an LA 210 printer, for the Development Department, at a cost of $1,085.00.

FAIRGROUNDS

A motion was made by Commr. Burhans to approve the request for the 4-H Club to use the rodeo arena at the Fairgrounds, on Tuesdays, for the horse club to practice. The motion was not seconded, as the Hoard wished to discuss the policy for the use of the Fairgrounds before they cast a vote.

Due to the fact that a Public Hearing had been scheduled for 10:00 a.m. (and it was now that time), discussion regarding this matter was postponed until after the Public Hearing.

RESOLUTIONS/BONDS/CONTRACTS, LEASES & AGREEMENTS

Mr. Dan Robuck, Attorney representing Dr. Robert Hux, appeared before the Board to request approval and signature authorization on a Resolution authorizing the execution and delivery of a Memorandum of Agreement for Industrial Revenue Bonds for Dr. Robert Hux, not to exceed $600,000.00, for the purpose of constructing an office building for Dr. Hux, across from Leesburg Regional Medical Center.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Hoard approved and authorized the necessary signatures, on a Resolution authorizing the execution and delivery of a Memorandum of Agreement for Industrial Revenue Bonds, for Dr. Robert Hux, not to exceed $600,000.00, for an office building.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the necessary signatures on a Memorandum of Agreement for Industrial Revenue Bonds, for Dr. Robert Hux, not to exceed $600,000.00, for an office building.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board granted permission to advertise (at a later date to be specified by the Chairman) for a Public Hearing regarding the Resolution and Memorandum of Agreement for Dr. Robert Hux, as stated above, as well as a Resolution and Memorandum of Agreement for Industrial Revenue Bonds for Shutze & Techman.

COUNTY ADMINISTRATOR'S AGENDA (CONT.D)

FAIRGROUNDS (C0NT.D)

Discussion continued regarding a policy the Board adopted in 1983 concerning the use of the Fairgrounds by non-profit organizations.

The Board requested Mike Willett, County Administrator, to furnish each Commissioner with a copy of said policy for their review.

On a motion by Commr. Burhans. seconded by Commr. Windram and carried unanimously, the Board approved the request for the 4-H Club to use the rodeo arena, on Tuesdays, for the horse club to practice.

CONTRACTS, LEASES & AGREEMENTS/FAIRGROUNDS

A request to the Hoard for approval to utilize some or all of the County Fairgrounds, by non-profit organizations, was postponed until a later date in order to give the Board time to review the policy regarding this matter.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for drafting a Letter of Agreement on the policy for local government to have more C. authority regarding Certificates of Need for Health Care, which would include both hospital and nursing home beds.

RESOLUTIONS/EMERGENCY SERVICES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for a Resolution regarding Emergency Medical Services Certificate of Public Convenience and Necessity for the Northeast and Northwest Ambulance Service.

ASSESSMENTS/RIGHT-OF-WAYS, ROADS-EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the County to pave a connection up to the right-of-way line on Special Assessments. The County Administrator stated that the County would not pave where there are vacant lots.

COMMITTEES/APPOINTMENTS-RESIGNATIONS

Discussion occurred regarding the membership of the Planning and Zoning Commission and their dates of expiration. Commr. Burhans stated that he had his appointments ready for approval by the Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for a Letter of Appreciation to be sent to Ms. Margaret Kelly (who had resigned); appointment of Mr. Mike Bakich to fill vacancy left by Ms. Kelly; and a Letter of Appreciation to be sent to Mr. Frank J. Kutch, as his term had expired as of February 28, 1983.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the necessary signatures on a Satisfaction of Judgment for Gloria Price Leggett, Case Nos. 83-12834TT and 83-12835TT, in the amount of $250.00.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Chris Ford, County Attorney, informed the Board that he

had received a call from the engineer, who's expertise had been utilized by the Board, regarding the NRG Contract. He stated that the engineer had warned against compost operations, as most of them are not working out, and that the Board should be very cautious in this matter.

SHERIFF'S DEPARTMENT

Discussion occurred regarding whether private schools are covered in the Florida Statutes concerning school crossing guards.

The County Attorney, Chris Ford, stated that private schools are covered by the Florida Statutes, and that the County must apply the same rules, as far as safety is concerned, to private schools as it does to public schools. He also stated that the rules would be out-lined in the Department of Transportation's "Green Book", and that the County engineers should be checking on all the areas that are within our jurisdiction, on a regular basis, to make sure that we are following these rules.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the engineering staff to calculate and, include in their calculations, the distribution of school crossing fees for those participating schools, whether they be public or private, where there are employed school crossing guards to determine the formula for distribution of funding collected.

Commr. Smoak stated that the intent of the motion was not to prohibit someone from employing school crossing guards but that, if schools do not utilize crossing guards, they do not collect.

ORDINANCES/WATER AUTHORITY/SHERIFF'S DEPARTMENT

Mr. Will Davis, Director of the Lake County Water Authority, appeared before the Board to discuss the boating safety Ordinance and to give some background regarding how it originated.

Mr. Davis stated that several years ago the Board placed an ad in the paper requesting citizens from around the County, who were interested in (1) water recreational activities and (2) conservation protection, to apply to the Board. Approximately forty (40) citizens replied and from this two (2) committees were formed - one being the Advisory Committee on Conservation and the other being the Advisory Committee on Water Recreation. These two committees put together a draft Ordinance to be brought before the Board of County Commissioners for approval.

Discussion occurred concerning the number of boating mishaps and the number of officers patrolling Lake County waters. At pre- ent, officers only patrol public waters and not private waters.

Mr. Davis stated that the possibility of putting additional officers on the water, especially during the summer months, had been discussed with Sheriff Griffin. He also stated that the Lake County Water Authority would be willing to fund an additional deputy full-time during the summer months.

Commr. Smoak stated that he was opposed to the Government, in general, stacking Ordinances on top of State Statutes, on top of Federal laws when there is already adequate control. He also stated that the intent of the ordinance is good, but sees no need in stacking rules on top of rules. Lake County needs a better definition of "wake" and "speed zones" and for the sign language on the canals to correspond with what the language is in the Ordinance which the County currently has.

Mr. Curtis Williams, resident of Haines Creek, appeared before the Board to voice his concerns regarding speed boats on the waterways and the large wakes created by them.

Commr. Smoak stated that he was informed that speed in the canals was the principal problem - boats creating maximum wake in restricted areas.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board requested the Lake County Water Authority and its sub-committees to review the existing Ordinance concerning speed on Lake County waters, for any changes they may wish to recommend to the Board, and to work with the Sheriff's Department enforcement officers, who feel there is a language problem, and try to resolve this problem, so that signs are clearly enforceable from their standpoint.

Commr. Deems was not present for the vote.

RECESS AND REASSEMBLY

At 11:lO a.m. the Chairman announced that the Board would recess until 11:15 a.m.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS/BIDS

Discussion occurred regarding the various bids the County had received for the fire communications transmitters and the prices quoted from each, as well as the time frame involved.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request to award the bid, on the fire communications transmitters, to General Electric Company (low bidder), at a cost of $20,628.00.

Mr. Chuck Federomis, representing Johnson Communications, appeared before the Board to question whether the low bid price included a penalty, as was the intention of the bid; secondly, the station that Johnson Communications had bid did include toner remote control (which is necessary for communications in Lake County).

Mr. Joe Stephany, Emergency Services, stated before the Board that he could not answer the first question about the penalty clause: that it would have to be answered by the Purchasing Department. In regards to the second question concerning the cost, the dollar amount for the coaxial cable is included in the bid from General Electric. The bid for the equipment was initially in the $18,000.00 category (General Electric) compared to $22,000.00 from Johnson Communications. Mr. Stephany also stated that Johnson Communications had indicated that they were not in compliance with a couple of provisions relating to the environment.

FIRE DISTRICTS-FIRE DEPARTMENTS/ACCOUNTS ALLOWED

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

carried unanimously, the Board approved the request for the Yalaha Volunteer Fire Department to purchase one (1) lever action hose clamp, with running board bracket, at an estimated cost of $250.00.

FIRE DISTRICTS-FIRE DEPARTMENTS

Discussion occurred regarding the three (3) areas of the tire tax that were not implemented last year: acreage, vacant lots, and miscellaneous structures.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for Item (c), which states $.10 per acre for all agricultural, timber, grazing lands and other 0 agricultural type land and acreage", to be included in the fire structure tax.

Commr. Burhans made a motion to include Item (d) (vacant lots) in the fire structure tax, but due to the lack of a second, the motion died.

The County Administrator stated that, at the present time, he was not comfortable with implementing vacant lots.

The Board felt that Items (d) and (e) should be studied further before voting on them; therefore, no action was taken at this time on these two items.

RECESS AND REASSEMBLY

At 12:05 p.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for the Road Closings.

COUNTY ADMINISTRATOR'S AGENDA (CONT.D)

ROAD CLOSINGS - Portion of Clayton St. - Imperial Mobile

Terrace - Third Addition

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 February 27, 1986, and the March 6, 1986, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved to vacate that portion of Clayton Street lying East of Lot 5, West of Lot 40, North of the Westerly Extension of the North right-of-way line of Linda Avenue and South of the North line of Government Lot 7, all described in Imperial Mobile Terrace, Third Addition, Recorded in Plat Hook 18, Page 1, Public Records of Lake County: by Lee F. Pratt, as per Petition No. 408.

Commr. Burhans was not present for the vote.

ROAD CLOSINGS - Unnamed Road - South of Government Lot 3,

Section 25, Township 19 South, Range 25 East

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 February 27, 1986, and the March 6, 1986, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to vacate a part of Government Lot 3 in Section 25, Township 19 South, Range 25 East, in Lake County, Florida, as described in O.R. Book 218, Page 75, Public Records of Lake County: by Frank T. Gaylord, Attorney for Lane Blanton and Charlie Johnson, as per Petition No. 409.

ROAD CLOSINGS - Julius Road and Pershing Road - Silver Lake

Estates

Ms. Louise Rodenhouse, daughter of abutting owners on the east of said property, appeared before the Board to request an additional non-exclusive easement for ingress/egress and that the utilities be recorded prior to the vacation. Further, that the said property be described as extending from the Easterly boundaries of Radio Road to the West l/4 of the SW l/4 of the NE l/4, which is the way that the title was granted.

Mr. McGlohorn, Surveyor, appeared before the Board to discuss the case and to answer any questions there might be. He presented the Board with a survey map in hopes of clarifying the boundaries in question.

Discussion occurred regarding boundary lines and where the right-of-way starts.

It was noted that the proper proof of publication was on hand as it appeared in the February 27, 1986, and the March 6, 1986, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to vacate that portion of Julius Road lying South of the North line of Block 30 and within the North 15 feet of the North l/2 of Lots 1, 2, 3 and 4, Block 30: and that portion of Pershing Road West of the East Line of Block 30 and within the East 15 feet of the North l/2 of Lot 4, Block 30; all according to the revised and corrected Plat of Silver Lake Estates recorded in Plat Book 10, Pages 66 to 69 inclusive, Public Records of Lake County: by Joseph P. Godfrey, Jr., as per Petition No. 410,subject to the Plat being recorded before the road vacation Resolution is recorded.

SUBDIVISIONS/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the necessary signatures on the Final Plat of Summit Square Subdivision and accepted an Irrevocable Letter of Credit, in the amount of $52,800.00, for performance.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 411 - A part of Monroe Street - Midland Heights No one present in the audience wished to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the advertisement to vacate that part of Monroe Street, bounded on the West by Lots 30 and 31, Block 2; bounded on the North by the South right-of-way line of Adams Street extended Easterly; bounded on the South by the North right-of-way line of Pierce Street extended Easterly and bounded on the East by the East line of the NW l/4 of the NE l/4 of the SE l/4 of Section 32, Township 18 South, Range 26 East: all of the above being in Mid-land Heights, according to the plat thereof recorded in PH 6, Page 68 of the Public Records of Lake County: by Wilbur W. Tennant, as per Petition No. 411.

Commr . Deems was not present for the vote.

Petition No. 412 - North Sunset Terrace and Part of Unnamed

Road in Replat of Suburban Shores

Mr. Travis Bryan, Petitioner, appeared before the Board to discuss the Plat in question.

Mr. Jim Stivender, Engineer for Public Works, appeared before the Board to question the boundary lines according to the recorded Plat. He stated that the Legal showed 35 feet inside the Plat and the Plat showed 15 feet outside the Plat. He was questioning which was legal.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved (upon the recommendation of the engineer) the advertisement of that part of North Sunset Terrace and that part of an unnamed road in the Replat of Suburban Shores according to the Plat thereof recorded in Plat Book 17, Page 51, Public Records of Lake County, Florida, bounded on the East by Lot 24, said Replat of Suburban Shores, bounded on the South by Southerly line of said Lot 24 extended Southwesterly, bounded on the West by the West line of the South l/2 of the Southeast l/4 of Section 25, Township 22 South, Range 26 East, Lake County, Florida and bounded on the North by the South right-of-way line of Sunset Terrace extended Westerly; by Travis Bryan, as per Petition No. 412.

ASSESSMENTS/SUBDIVISIONS/ROAD PROJECTS

Commr. Carson stated that the Board had asked the residents of Crystal Lake Subdivision (Public Hearing regarding this case postponed from Meeting of March 4, 1986) to come back before the Board this date with a decision regarding Special Assessment Project No. 44 (the paving of Lomax Drive and McWhorter Avenue).

The County Administrator, Mike Willett, informed the Board that he had been notified by some of the residents of Crystal Lake stating that they could not reach an agreement. He stated that the majority of the residents on Lomax Avenue did not wish to have their road paved at this time.

Mr. Stuart Gilchrist, resident on McWhorter Avenue, appeared before the Board and stated that a vote had been taken, resulting in a 7-3 decision, to do the entire project (Lomax and McWhorter together).

Mr . Wendal Smith, representing Mrs. Evelyn Smith, a resident of McWhorter Avenue, appeared before the Board to indicate Mrs. Smith's preference, in that she would like to see the whole job done and to present to the Board a letter (which he read) stating that he would contribute to the cost of paving Lomax Drive, subject to the stipulations indicated in the letter.

Mr. Fred Kramer, resident of Lomax Drive, appeared before the Board in opposition of the project.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved Project SA-44, imposing a mandatory lien assessment to do Lomax and McWhorter together, at a cost of $27,237.50; and accepted the offer of Mr. Wendell Smith to pay one-sixth of the cost of Lomax Drive ($1,650.00); and that the bid go to the lowest bidder.

Commr . Windram voted "no".

On a motion by Commr. Aurhans, seconded by Commr. Deems and carried unanimously, the Board approved to award the bid to Paquette Paving, in the amount of $27,237.50.

COUNTY ADMINISTRATOR'S AGENDA (C0NT.D)

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 413 - A Part of Whittier Road - Washington

Heights

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

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the advertisement to vacate that part of Whittier Road, according to the Plat of Washington Heights recorded in Plat Book 10, Page 14, Public Records of Lake County, Florida, bounded on the North by the North line of the SE l/4 of SW l/4 of SE l/4 of Section 3, Township 19 South, Range 27 East: bounded on the South by Lots 1 and 24, Block 1, Lots 1 and 24, Block 2 and Lot 1, Block 3, said Washington Heights Subdivision; bounded on the West by the West line of the SE l/4 of SW l/4 of SE l/4 said Section 3 and bounded on the East by the West right-of-way line of Assembly Avenue; by Richard W. Holmes, as per Petition No. 413.

Petition No. 414 - All of an Unnamed Street - Lisbon

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the advertisement of all of the unnamed street lying East of Lots 10 and 15 in Block 1 and lying West of Lots 9 and 16 in Block 1 in Lisbon, according to the Plat thereof, recorded in Plat Book 4, Page 7, Public Records of Lake County: by W. A. Milton, Jr., Attorney for Catherine C. Sweat, as per Petition No.

414. Petition No. 415 - Main Avenue by Lake Norris Road

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

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the advertisement of Main Avenue bounded on the North side by Lot 40, on the East side by Seventh Street, on the South side by Lot 41, on the West side by Lake Norris Road (4-7187); in Section 32, Township 18, Range 28, Public Records of Lake County: by Carl J. Frankito, as per Petition No. 415.

Petition No. 416 - "Lands of R. C. Tremain"

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the advertisement of the Westerly 20 feet of the 40 foot wide right-of-way lying East of Lot 2 and the 40 foot wide right-of-way lying South of Lots 5 and 6 and North of Lots 7 and 8; according to the plat of "Lands of R. C. Tremain" in the SW l/4 of Section 5, Township 19 South, Range 27 East, filed February 4, 1884 being situated in Lake County; by Barney Dillard, c/o Springstead and Associates, Inc., as per Petition No. 416.

Commr . Burhans was not present for the vote.

HEALTH DEPARTMENT/CONTRACTS, LEASES & AGREEMENTS/BUILDING

COMMITTEE

Dr. June Atkinson, Director of the County Health Unit,

appeared before the Board to request permission to lease a modular unit for one (1) year (until additional space can be obtained) as they are desperately in need of additional space. She stated that a unit of 600 square feet will cost approximately $500.00 per month.

The County Administrator, Mike Willett, stated that this need, for additional space for the Health Department, had been discussed in the Building Committee Meeting and the Committee recommended that the Board approve for Dr. Atkinson to obtain the needed space: how ever, suggested that it be looked into as to whether it would be most cost effective to lease or to purchase.\

Commr . Deems informed the Board that the Building Committee felt that $500.00 was a little high and had recommended that it be referred to Mike Willett, County Administrator, to work with Purchasing to obtain the best price possible.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved (as recommended by the Building Committee) that the need for additional space, by the Health Department in Leesburg, be referred to Mike Willett, County Administrator, to work with Purchasing to obtain the best possible price, for said space, on a lease/rental or buy basis.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved a request for a septic tank pumping franchise for Smith's Septic Tank Service, Applicant: Clifford Smith.

RESOLUTIONS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved Resolution No. 86-99, from the Board of County Commissioners of Sarasota, Florida, requesting (on the part of our Legislative Delegation) not to remove the sales tax exemption on local governments.

There being no further business to be brought before the Board, the meeting adjourned at 3:30 p.m.

JAMES R. CARSON. JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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