A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 18, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, August 18, 1987, 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: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; James R. Carson, Jr.; 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 Assistant; Robert L. Wilson, Finance Director: and Toni M. Austin, 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. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of August 11, 1987, as submitted.

APPOINTMENTS-RESIGNATIONS/COUNTY PROPERTY/RESOLUTIONS

Mr. James C. Watkins, Clerk, informed the Board that Mr. Don Perrody, Property Records Department, had resigned from the position of Property Agent.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved a resolution of appreciation, for Mr. Don Perrody, and authorized the proper signatures.

LICENSES AND PERMITS

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

New Renewals

James E. Yancey John D. Pease, III.

Robert A. Woehr Frederick A. Ladd, Jr.

J. Carter Perkins David Lamar Adams

Salvatore M. Macherone Raymond J. Kelly

Linda J. Lorentz Alice C. Kelly

Robert J. Frame Harold A. Simpson

Leslie G. Chandler Frederick C. McCaskill

Howard E. Broestl Billy G. Beam

Hugh Douglas Brewster Frederick George Conklin

Joseph Felton

Vincent Barone

Fred F. Hooten

Robert H. Minervini

Albert Reggi

William G. Wiley

Joni T. Wiley

J. E. Vann

Antonio Pereira

Mark G. Creech

BONDS - CONTRACTOR

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

#4507-87 Gary A. Diviaio (Class C. Residential Building)

#4508-87 David Jones d/b/a David Jones Plumbing Service

(Plumbing Contractor)

#4509-87 William Stewart Cox (Electrical)

#4510-87 William D. Beyers d/b/a Temp-Tech Mechanical

#1770-88 Nelson W. Locke (Building)

REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Distribution of Revenue Traffic/Criminal Cases, for the following weeks:

July 31, 1987 ($18,972.32) August 7, 1987 ($19,307.00)

PRIVATE INDUSTRY COUNCIL/REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports for Lake County, for July 1, 1987 to July 31, 1987, from the Volusia, Lake, Flagler Private Industry Council, Inc.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COURTHOUSE/SHERIFF'S DEPARTMENT/TAX COLLECTOR

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the renewal of the following leases for 1987-88:

1. FREDERICK C. BELTON BUILDING, 124 Sinclair Ave., Tavares, expiring 9/8/87, for Sheriff's Offices at $750.00 per month - no increase.



2. QUENTIN QUATTLEBAUM TRUST, 419 N. Palmetto St., Leesburg, expiring 9/30/87, for the tag agency for T. Keith Hall at $500.00 per month - no increase.



3. JAMES L. MEADOWS - SOUTH LAKE ANNEX in Sunnyside Plaza, Clermont, expiring 9/30/87 with option to renew with the rate to be negotiated and submitted in September.



4. DAVID LOWE BUILDING, 214 W. Main St., Tavares, expiring 10/6/87 for Sheriff's Offices at $485.30 per month - an increase of $303.60



ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the payment of Warrant #71236 through Warrant #71457 for the following accounts:

General Revenue Paisley Fire District

Pasco Fire District Landfills

Fine & Forfeiture Countywide Library

County Transportation Trust Countywide Fire District

Law Library Bassville Fire District

Northwest Fire District South Lake Fire District

Private Industry Council Mt. Plymouth Fire District

Mosquito Control Aquatic Weed

Law Enforcement Trust Fund Section 8

Northeast Hospital Northwest Ambulance

Northeast Ambulance Resort & Development Fund Tax

COUNTY ADMINISTRATOR'S AGENDA

COMMITTEES/MUNICIPALITIES

Discussion occurred regarding a request from the National Railway Historical Society to salvage and move to its museum, in Winter Garden, the semaphore at the old Seaboard Station on Main Street in Tavares.

Commr. Carson made a motion to approve the request. The motion died for the lack of a second.

Discussion continued regarding the semaphore and whether or not it may be of some interest to the Lake County Historical Society.

Mr. Clayton Bishop, Eustis, appeared before the Board to discuss the request. He stated that he has the old Tavares and Gulf Station in Winter Garden as a Central Florida Railroad Museum, and has understood that the building and other structures in Tavares may be torn down and junked, and would prefer to salvage the semaphore.

At this time the Board directed Mr. Michael C. Willett, County Administrator, to further investigate the request and provide additional information to the Board for a recommendation.

COMMITTEES/EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

RESOLUTIONS

Mr. James C. Watkins, Clerk, presented to Mr. Bill Horan, a resolution extending the County's appreciation for his participation and assistance with the Centennial Parade.

Commr. Windram presented to Commr. Carson a resolution from the Board of County Commissioners in honor of Commr. Carson being selected as Chairman to the East Central Florida Regional Planning Council.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

JAILS/PUBLIC HEALTH/SHERIFF'S DEPARTMENT

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss medical billings for services rendered to inmates in the Lake County Jail.

At this time Mr. Strickland distributed to the Board members a list of services rendered for their review.

Mr. Strickland stated that he felt some of the inmates may be eligible for other programs, such as Medicare, Medicaid, etc., and suggested other means of inquiring additional information from them. He stated that he would like permission to work with the jail to review the medical billings.

Mr. Strickland answered the Board's questions regarding authorized medical examinations and liability.

Mr. Robert L. Wilson, Finance Director, discussed problems with the paying of the medical bills for services rendered to inmates through the Finance Department.

Mr. Chris Ford, County Attorney, stated that costs incurred for medical services to inmates were justifiable, and that the Sheriff budgets for these expenses.

It was the feeling of the Board that Mr. Strickland should further review the billings and develop figures for the Board's review.

CONTRACTS, LEASES & AGREEMENTS

Mr. Michael L. Shea, Cablevision of Central Florida, appeared before the Board to discuss his request for a cablevision franchise with Lake County.

Discussion occurred regarding a paragraph in the franchise agreement pertaining to security, smoke, and fire alarm services.

Mr. Chris Ford, County Attorney, stated that the County does not require the company to provide these services, but that the company has the right to do so. If the company does not wish to do so, upon the request of the County, the County can then use the wires and such owned by the company.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the standard cablevision franchise, based on County policy.

Mr. Shea stated that construction will start this week near Kelly Park, which is below Mt. Plymouth on the County line, and in Tangerine.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

BIDS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to bid the following:

3 - 10 Wheel Dump Trucks $56,667 ea./$170,000

4 - Diesel Pick-up trucks

(1 Landfill; 3 Public Works) $15,000 ea./$60,000

1 - Diesel cab & chassis $13,000

Commr. Burhans and Commr. Smoak were not present for the vote.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to release the following road reservations from the Department of Transportation for the following Murphy Act Deed:

02-21684 Release all reservations Clermont Area

Commr. Burhans and Commr. Smoak were not present for the vote.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to accept the following deeds:

Right-of-Way Deeds

Joey L./Laura A. Tootle #2-1311 AG Rd.

Joseph L./Ruby V. Tootle #2-1311/1312 AG/Rester Rd.

Non-Exclusive Easement Deeds

Odis L./Ada D. Fender #2-1520 Sampey Rd.

Marcum/Julie Randall #5-6797 Brantley Branch

COMMISSIONERS

At 9:55 a.m. Commr. Windram turned the Chairmanship over to Commr. Burhans.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to purchase an IBM Wheelwriter 3, for the Addressing Department, at a cost of $600.00 from State Contract.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES ti AGREEMENTS/EMERGENCY

MANAGEMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request for signatures on the 1987-88 Radiological Emergency Preparedness Agreement, with the Florida Department of Community Affairs, in the amount of $825.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/BONDS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to release a Maintenance Bond, in the amount of $11,000.00, on Amberhill Subdivision.

Commr. Windram was not present for the vote.

COMMISSIONERS

At 9:58 a.m. Commr. Burhans returned the Chairmanship to Commr. Windram.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

ACCOUNTS ALLOWED/PUBLIC WORKS/ZONING

Discussion occurred regarding a request to release an Irrevocable Letter of Credit, in the amount of $11,600.00, for reclamation of the Besade Clay Mine, Conditional Use Permit No. 86/8/4-3.

Mr. Ben Benedum, Director of Public Works, appeared before the Board and stated that the area was to be graded and seeded. At this time the area has only been graded.

Mr. Michael C. Willett, County Administrator, recommended postponement of action regarding this request.

BONDS - MOBILE HOME

Mr. Michael C. Willett, County Administrator, informed the Board that the request from Patrick G. Connett, to reconsider his application for a new mobile home bond, had been withdrawn.

ACCOUNTS ALLOWED/SOIL CONSERVATION

Discussion occurred regarding the request for several Soil Conservation Board members to attend the Annual Florida Association of Conservation Districts convention in Jacksonville.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for Frank Paulhamus, Charles Russ, Bill Ray and Eileen Schweiger to attend the Annual Florida Association of Conservation Districts convention, in Jacksonville, on September 9-11, 1987, at a total cost of $1,000.00.

ACCOUNTS ALLOWED/PUBLIC HEALTH

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for Lonnie Strickland to attend the meeting on a Primary Health Care Proposal with HRS, in Tampa, on August 19 and 20, 1987, at an approximate cost of $150.00.

LAWS AND LEGISLATION/ORDINANCES/RESOLUTIONS

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on a proposed ordinance levying a one-cent sales tax. It was noted that the proper proof of publication was on hand as it appeared in the July 28, 1987, and August 7, 1987, editions of the The Orlando Sentinel, The Lake Sentinel.

Mr. Michael C. Willett, County Administrator, distributed to the Board a memorandum with recommendations that he felt would meet the needs of the County in the capital improvement area as follows:

A. Criminal Justice

B. Solid Waste

C. Transportation

D. Lake Restoration

E. Grant Program

Discussion occurred regarding the use of the surtax for any other uses allowed by the Florida Statutes, other than what has been enumerated in the question on the ballot.

Mr. Chris Ford, County Attorney, discussed the addition of the

word "Local" in the title above the question.

Mr. Jeff Book appeared before the Board, in behalf of the Lake County League of Cities, and presented a resolution stating that the Board of Directors of the Lake County League of Cities supports the placement of the question of a local-option sales tax on the general election ballot, for Lake County, on November 3, 1987.

Commr. Smoak requested that the League of Cities work jointly with the County to develop a way to present to the public the implementation of the ordinance, and stated that he would be glad to work with the League in doing so.

Mr. Willard Bean, Eustis, appeared before the Board and questioned the impact of the sales tax on the purchase of new cars and equipment.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to place the proposed ordinance on the floor for its first and final reading by title only as follows:

AN ORDINANCE LEVYING A DISCRETIONARY SALES SURTAX OF 20% OF ANY TAX PAID TO THE STATE PURSUANT TO CHAPTER 212 of THE FLORIDA STATUTES; PROVIDING THAT SUCH SALES SURTAX SHALL BEGIN ON JANUARY 1, 1988 AND SHALL CONTINUE FOR A PERIOD OF 15 YEARS; PROVIDING THAT SUCH SURTAX SHALL NOT TAKE EFFECT UNTIL APPROVAL BY THE VOTERS OF LAKE COUNTY IN A REFERENDUM; PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1987; PROVIDING FOR A NOTICE OF SUCH SPECIAL ELECTION: REQUIRING THAT ALL PROCEEDS OF SUCH SALES SURTAX BE USED ONLY FOR PURPOSES ALLOWED BY FLORIDA STATUTES; PROVIDING A SEVERANCE CLAUSE: PROVIDING AN EFFECTIVE DATE.



On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted Ordinance 1987-9, as read by title only, on its first and final reading.

COMMISSIONERS

At 10:30 a.m. the Chairman turned the Chairmanship over to Commr. Burhans.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to purchase three desks, at an approximate cost of $310.00 each, for the Pollution Control Department.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request, from Dr. Harvey Harper, to purchase an additional 4,000 gallons of alum, to complete the alum treatment at Duda Farms, in the amount of $1,100.00 (supplementing remaining funds of $700.00).

Commr. Windram was not present for the vote.

COMMISSIONERS

At 10:33 a.m. Commr. Burhans returned the Chairmanship to Commr. Windram.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

MUNICIPALITIES/ROADS - COUNTY AND STATE

Mr. Michael C. Willett, County Administrator, discussed the functional classification of roads by the Department of Transportation (DOT). He stated that the following projects are priorities and discussed the possibility of requesting an administrative hearing on the State's plan to turn over to the County the following roads: (1) Leesburg's Main Street; (2) Mount Dora's Fifth Avenue; (3) State Road 19A, which runs between U.S. 441 and Mount Dora intersecting with Old 441; and (4) East Crooked Lake, which is east of Eustis and intersects with U.S. 441.

Commr. Smoak requested that Mr. Willett supply a projection indicating State and County numbers, with the Cities doing the same, to be analyzed by the public.

Commr. Carson discussed the possibility of obtaining an Interlocal Agreement, with the City of Leesburg, to get Main Street.

Mr. Chris Ford, County Attorney, stated that at some point of time the City of Leesburg could decide to cancel the agreement and the County will have lost all of its administrative hearing rights.

Mr. Ben Benedum, Director of Public Works, stated that the reason for the majority of transfer of classification of roads, by DOT, were caused by truck traffic projection, and feels that the County should proceed with an administrative hearing on all of the roads. Mr. Benedum further stated that the last date to file for an administrative hearing will be September 4th or 5th, 1987.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to pursue an administrative hearing with DOT, on all of the above four roads, as discussed.

BONDS/RESOLUTIONS

Mr. Dan Robuck, Attorney, appeared before the Board, in behalf of M & D Properties/Drs. Shutze & Techman, P.A. He informed the Board that the bond issue was closed two weeks late to get under the tax law. He stated that there are some amendments, in order to reapply, therefore, a new resolution was being presented to the Board for signature, in the amount of $1,385,000.00.

Mr. Robuck clarified that there was no liability to the County, as indicated on Page 8, Section J, and Page 15, Section 21, in the resolution.

Mr. Paul Johnson, CPA for Shutze & Techman, was present to answer any questions that the Board might have regarding the proposal.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Resolution amending, supplementing and restating, in its entirety, Resolution No. 1986-71, adopted by the Board of County Commissioners on December 9, 1986, in the amount of $1,385,000.00, and authorized the proper signatures.

APPOINTMENTS-RESIGNATIONS/LIBRARIES

Commr. Smoak informed the Board that there are two vacancies on the Lake County Library Advisory Board, being Mrs. Brenda VonHartmann and Mrs. Dayle Matthews. At this time Mrs. VonHartmann has indicated that she does not wish to serve another term, and Ms. Wendy Breeden, Library Coordinator, is currently looking for a replacement.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the reappointment of Mrs. Dayle Matthews, to the Lake County Library Board, to serve another two year term, and directed a letter of appreciation to Mrs. Brenda VonHartmann.

MEETINGS/POLLUTION CONTROL

Commr. Smoak informed the Board that he would be meeting August 19, 1987, with a representative from Duda Farms and Mr. Don Findell, Director of Pollution Control, to review a proposal from Duda Farms, regarding the pollution debate on the farm, which may or may not include some of the alum treatment that Dr. Harper has been researching.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for reimbursement of monies in the amount of $543.55, for educational expenses, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-l.

Commr. Deems and Commr. Burhans were not present for the vote.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for an appropriation of $380.00, for two Item # MA-50 Micro Cassette Adapters.

Commr. Deems and Commr. Burhans were not present for the vote.

COUNTY PROPERTY/FAIRGROUNDS/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a resolution for Dick Green, President of Libby's, in appreciation for his successful efforts and assistance in helping Lake County achieve its goals, and in obtaining the donation of $400,000.00, for the Expo/Convention Center, as presented by Mr. Chris Ford, County Attorney, and authorized the proper signatures.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a resolution for Rick Fleming, Vice-President of Nestles, in appreciation for his successful efforts and assistance in helping Lake County achieve its goals, and in obtaining the donation of $400,000.00, for the Expo/Convention Center, as presented by Mr. Chris Ford, County Attorney, and authorized the proper signatures.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a resolution for Florida Citrus Groves, Inc., in appreciation for the consideration shown to Lake County, and for making the donation of land to Lake County for the Expo/Convention Center, as presented by Mr. Chris Ford, County Attorney, and authorized the proper signatures.

CONTRACTS LEASES & AGREEMENTS/LANDFILLS

Mr. Dan Robuck, Attorney, appeared before the Board in behalf of NRG/Recovery Group, Inc., to discuss a request from NRG/Recovery Group, Inc., for an extension of ninety (90) days, in order to provide the time needed to conclude project financing and commence construction.

Commr. Windram suggested a sixty (60) day extension, as opposed to the ninety (90) days, because of his concerns with interest rates, and extending more time than necessary.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the extension to NRG/Recovery Group, Inc., for sixty (60) days, in addition to and subsequent to the expiration date of September 1, 1987, (to November 1, 1987), as recommended by the Chairman of the Board.

PLANNING DEPARTMENT/EAST CENTRAL FLORIDA REGIONAL PLANNING

COUNCIL

Mr. Rudy Marchese, Director of the Planning Department, appeared before the Board to discuss the areawide DRI study, at the Junction of Highway 19/27 and the Florida Turnpike. He stated that there was a meeting held August 4, 1987, at the Agricultural Center, with over 400 property owners within the designated area attending.

Mr. Marchese stated that, if 50% of the property owners in the study requested to be withdrawn, the study would have to take another direction. He stated that the deadline would be today. He indicated that he had not received any such requests at this time.

Ms. Cecelia Bonafay, Attorney, appeared before the Board, stating she represents several property owners, who may wish to withdraw from the study, but would like to reserve their right to do so, until after some discussion. She stated that the property owners were supportive of the concept, but were hesitant about their commitments, with the Department of Community Affairs (DCA) and the East Central Florida Regional Planning Council (ECFRPC), once the DRI project has been conducted and approved.

Mr. Marchese discussed property currently under development, and the possibility of it being under the DRI threshold, once the study has been approved.

Mr. Marchese stated that the County would want to write into the project synopsis a statement that the County does not require any development under the DRI threshold.

Commr. Smoak stated, for the record, that he has an interest in three parcels of property, totaling 39 acres, and requested an opinion from the County Attorney, regarding the possibility of a conflict of interest.

Mr. Chris Ford, County Attorney, stated that an owner of 29-39 acres of property would not make a conflict.

Mr. Fred Lyon, Clermont, appeared before the Board, and stated that he felt it was a little premature of the County to set a deadline for withdrawals. Mr. Lyon questioned the financing of the study.

Mr. Ford informed the Board and audience that the County has budgeted the money to finance the study and the DRI project, with the possibility of voluntary contributions.

Commr. Smoak stated that the Board has passed, by unanimous vote, that the Board would underwrite the cost of the study, and that no mandatory charges would be levied on property owners.

Discussion occurred regarding the possibility of allowing big developments to conduct their own studies, with the County conducting the one that has been presented.

Mr. Russell Long, property owner on Highway 19, appeared before the Board with concerns regarding zoning and taxes.

Mr. William G. Haney, property owner at Highway 19 at the turnpike, appeared before the Board and stated that he approves of the general concept of the project, and feels this is a very progressive move by the County. He addressed matters concerning zoning with the Board.

Mrs. Lavern Adkins appeared before the Board and stated that she felt this was a good project, which would enhance the economy within the area.

Mr. Cole Whitaker appeared before the Board representing the SCS group, who recently acquired 205 acres in the center of the DRI project, which is Dr. Gill's property. He stated that the group is very much in favor of the DRI project, and feels it will certainly stimulate the economy in Lake County.

Commr. Smoak stated that he felt there were valid concerns stated today, but that we should proceed and identify the boundaries previously discussed, and obtain clarification from the Department of Community Affairs and the East Central Florida Regional Planning Council, in writing, as to the effects on individual small property owners, which fall below the normal threshold of the DRI, prior to beginning the formal action process of application.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to proceed in the above manner, and authorized the Planning Department to proceed, first by answering the questions, which have been proposed today, in writing, from the appropriate authorities.

RECESS & REASSEMBLY

At 12:25 p.m. the Board adjourned for lunch and reconvened at 2:00 p.m. for the Public Hearings on Road Closings.

ROAD CLOSINGS - Lake Highlands - Petition No 467

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 July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to vacate that portion of Lake Highlands, Montverde area, as advertised in Petition No. 467, by William K. Stratford.

At this time Mr. and Mrs. Gilford Creech appeared before the Board and stated that they were not aware that the Board was conducting the public hearing on the above road closing. Mr. Creech presented recorded affadavits, which allowed him access to his property, and discussed how the vacation of the road would affect the access to his property.

Mr. Chris Ford, County Attorney, stated that the platted road, which the Board approved to close, did not affect any right-of-way or easement, and advised the Creechs to take their documents to their attorney, for review. Mr. Ford stated that the Board could withdraw the previous motion, rescind the action and reconsider the request, at the next scheduled Board meeting.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to officially place on record, that the Board of County Commissioners will not record the resolution on Petition #467, prior to September 1, 1987, in order for the Creechs to have adequate time to determine their legal rights of access to their property.

The staff was directed to notify Mr. Stratford, petitioner, as soon as possible of the action taken.

ROAD CLOSINGS - Monte Vista Park Farms - Petition No. 468

Commr. Smoak made a motion, which was seconded by Commr. Carson, to approve the request to vacate that portion of Monte Vista Park Farms, Clermont, as advertised in Petition No. 468, by Franklin D. Longenbach.

It was noted that the proper proof of publication was on hand as it appeared in the July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

Mrs. Kathy McDonald, Assistant to the County Administrator, informed the Board of a letter received, in opposition to the request, from Mr. Campbell.

Mr. Walter Campbell, adjoining property owner, appeared before the Board to discuss the request. He stated that he has surveyed to subdivide his property, and should the County close this easement, he will have no access to the property, except through the lot on the front.

It was noted that the petitioner, Mr. Longenbach, has already proceeded with the subdivision work, as directed by the County.

Commr. Smoak informed Mr. Campbell that he will be receiving ownership of one-half of the land that will be vacated.

At this time the Board called for a vote on the motion, which was carried unanimously.

ROAD CLOSINGS - Pittman Subdivision - Petition No. 458

Mr. Buzz Bowen, Attorney representing Thomas F. and Carolyn K. Fuqua, appeared before the Board and stated that a Warranty Deed, from Thomas F. Fuqua and Carolyn K. Fuqua, to Edwin H. Van and Faith C. Van, deeding a 50 foot strip of property, in order for the Vans to have access to their property from D'Orr Road, has been prepared and signed by Mr. and Mrs. Van. At this time Mr. Bowen stated that he has been informed that the Warranty Deed should be solely in the name of Edwin H. Van, and therefore will be prepared and delivered to Mr. Van.

At this time Mr. Bowen and Mr. Van presented to the Board material to review, in conjunction with the action previously taken by the Board, regarding the original request.

It was noted that the proper proof of publication was on hand as it appeared in the April 30, 1987, and May 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate that portion of the Pittman Subdivision, Umatilla area, as advertised in Petition No. 458, by Thomas F. and Carolyn K. Fuqua, as agreed upon by all parties.

ROAD CLOSINGS - Mt. Plymouth Area - Petition No. 469

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 July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

Mrs. Kathy McDonald, Assistant to the County Administrator, informed the Board of a letter received from Mr. and Mrs. Bets, in opposition to the request.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to vacate that portion of the Mt. Plymouth area, as advertised in Petition No. 469, by Florence and William Lange, with the County retaining the drainage easement.

ROAD CLOSINGS - Astatula Area - Petition No. 470

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 July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel The Lake Sentinel.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to vacate that portion of the Astatula area, as advertised in Petition No. 470, by Juan Santos and Elida Santos.

ROAD CLOSINGS - Bassville Park Area - Petition No. 471

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 July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel The Lake Sentinel.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to vacate that portion of the Bassville Park area, as advertised in Petition No. 471, by Rev. Dirk P. Hoffer, with the County retaining the drainage easement.

ROAD CLOSINGS - Clermont Farms Subdivision - Petition No. 472

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

Mr. Michael C. Willett, County Administrator, recommended that this request be postponed, to coincide with the new subdivision or other access. He stated that this should not have been advertised until the developer got further along in the subdivision process, because some property owners may lose access, with the vacation of the road. He stated that this petition will need to be readvertised.

It was noted that the proper proof of publication was on hand as it appeared in the July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to postpone action on the request to vacate that portion of Clermont Farms Subdivision, Clermont area, as advertised in Petition No. 472, by Leonard H. Baird, Attorney for Bin G. Harmon, to coincide with the new subdivision or access, and at such time that the request is placed back on the agenda, that the adjacent property owners be notified of the appropriate time, and that it be readvertised in a proper manner.

ROAD CLOSINGS - Midland Heights Subdivision - Petition No. 473

Ms. Ruth Pippen appeared before the Board, in behalf of Karen Lucas, to discuss this request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate that portion of Midland Heights Subdivision, Grand Island area, as advertised in Petition No. 473, by Karen Lucas.

ROAD CLOSINGS - Okahumpka Area - Petition No. 474

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 July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to vacate that portion of the Okahumpka area, as advertised in Petition No. 474, by Mr. and Mrs. Beach, for the First Baptist Church of Okahumpka.

ROAD CLOSINGS - Groveland Farms - Petition No. 475

Mr. and Mrs. Roy Morrison appeared before the Board to discuss this request. They stated no objection to the closing of the road, but stated concerns with the construction of a boat ramp on the lake. Mr. Morrison also stated that he was notified that this request was postponed.

It was noted that the proper proof of publication was on hand as it appeared in the July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board postponed action on the request to vacate that portion of Groveland Farms, Clermont area, as advertised in Petition No. 475, by Leonard H. Baird, Attorney for Bin G. Harmon, and at such time that the request is placed back on the agenda, that the adjacent property owners be notified of the appropriate time, and that it be readvertised in a proper manner.

ROAD CLOSINGS - Patio Point Subdivision - Petition No. 476

No one present wished to discuss this request with the Hoard.

It was noted that the proper proof of publication was on hand as it appeared in the July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board postponed action on the request to vacate that portion of Patio Point Subdivision, Clermont area, as advertised in Petition No. 476, by Leonard H. Baird, to coincide with the new subdivision or other access, and at such time that the request is placed back on the agenda, that the adjacent property owners be notified of the appropriate time, and that it be readvertised in a proper manner.

ROAD CLOSINGS - Conant Subdivision - Petition No. 477

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 July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel The Lake Sentinel.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to vacate that portion of Conant Subdivision, Lady Lake area, as advertised in Petition No. 477, by Susanna H. Rehmann.

ROAD CLOSINGS - Sunset Hills Subdivision - Petition No. 478

Mr. Michael C. Willett, County Administrator, recommended that the Board postpone action on this request, as was done on several of the others, to coincide with the new subdivision or other access.

It was noted that the proper proof of publication was on hand as it appeared in the July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

Commr . Smoak made a motion, which was seconded by Commr. Carson, to postpone action on the request to vacate that portion of Sunset Hills Subdivision, as advertised in Petition No. 478, by Donald F. Lee, to coincide with the new subdivision or other access, and at such time that the request is placed back on the agenda, that the adjacent property owners be notified of the appropriate time, and that it be readvertised in a proper manner.

Mr. Taylor appeared before the Board and stated that everyone has signed a petition to have these roads closed. At this time the Board explained the procedures it will follow to proceed with the request.

The Chairman called for a vote on the motion and it was carried unanimously.

ROAD CLOSINGS - Astor Forest Campsites - Petition No. 479

Mr. Michael C. Willett, County Administrator, recommended that the Board approve this request, retaining the drainage easement.

Mr. Buzz Bowen, Attorney, appeared before the Board to discuss this request. He stated that his client was issued a building permit for 1.3 acres, to build a structure. After the contractor was hired and the material bought, the County withdrew the permit, for justified reasons. Therefore, his client purchased four more acres, but now has a problem with his ownership of a road, which does not show on any recorded plat.

It was noted that the proper proof of publication was on hand as it appeared in the July 31, 1987, and August 7, 1987, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate that portion of Astor Forest Campsites, as advertised in Petition No. 479, by Lennon E. Bowen, Attorney for Lester and Carole Oldaker, subject to the County reserving a drainage easement only on that portion of the closed street, which lies east of Cherry Tree Road.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No.480 Estates of Lake Gertrude, Mt. Dora Area

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise to vacate that portion of Estates of Lake Gertrude, Mt. Dora area, in Petition No. 480, by Stephen C. Vaughn.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT/SUBDIVISIONS

Mr. Allen Jones, representing Mr. William D. Bishop, Sr., owner of the property, appeared before the Board to discuss the request for final plat approval of Lake Harris Highlands Subdivision, and the acceptance of a Cashier's Check, in the amount of $5,208.00, for performance. Mr. Jones stated that one of the requirements of the Subdivision Advisory Committee was that joint driveways be constructed by the developer, prior to the approval of the plat. He requested that the Board reconsider this approach.

Discussion occurred regarding the utilization of four or five lots owned by one individual; the limitation of entrances to Lane Park Road; and problems that may arise in the future regarding resurfacing of the driveways.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for final plat approval of Lake Harris Highlands Subdivision, as stipulated, and with the additional stipulation that the driveway cuts need only be installed at the time of access to the lot, and at such time as the building permit is drawn, but must be located in the manner in which they are located on the plat. (Plat recorded must show standard County policy of one driveway, 24 feet wide, per two lots.)

Discussion continued with the Board feeling no need for a bond to be placed on this request.

COMMITTEES/JAILS

Mr. Chris Ford, County Attorney, introduced to the Board Mr. Bob Mcssmer, Mr. Ed Bartz, and Mr. Herb Koopman, from Hellmuth, Obata & Kassabaum (HOK). The gentlemen appeared to give a presentation on A Construction Manager's Service and Qualifications, and to answer any questions that the Board would have concerning construction management. The following information was supplied to the Board members for their review:

CONSTRUCTION MANAGER SERVICES AND QUALIFICATIONS

Scheduling:

Project scheduling with the Owner, Architect, and

the C.M.

Bidding and contract award schedules.

Construction and shop drawing scheduling.

Estimating:

Conceptual estimating. This is the most important

estimating capability since it can control the scope and

design of the project.

Progress and final estimate.

Guaranteed Maximum Price:

This is a very special product of estimating and can be widely defined as to what it means. If having a G.M.P. is a possibility, it must be clearly defined and understood as to what is being guaranteed and what is not. What is the basis, what is a change to the basis.

Value Engineering:

This is a special product of estimating and can impact the project significantly in the schematic design and design development phase.



These studies compare systems, materials, and methods that are required in the building.



Constructability of project systems and methods should also be reviewed as a part of this effort.



Construction Contracting:

This is the task of obtaining bids from contractors to actually construct the building. It should include qualifying bidders, providing general conditions for the contract, and may include providing actual construction work. The more pure form of C.M. should not include construction work.



Stimulation of bidder interest can be a valuable task for the C.M. This can be influenced by the general market acceptance of the C.M. process as well as a specific C.M.

Phased Construction or Fast Tracking:

This project delivery system can provide a completed project in a shorter time than the traditional delivery method of design, bid, and build. This is a method that introduces additional risk factors that can result in a higher cost to the owner. It should not be used unless extreme time constraints exist.



Team Player:

The C.M. must be a team member with the Owner and User of the building and the Architect and Engineers.



Selection Process:

The selection process must attempt to determine how well the C.M. has furnished the above services to previous Owners and Users.



We feel that a reasonable request for a proposal to the C.M.'s could be to specifically require the C.M. to define which of his services are required for your project and how he would perform them and for what cost. The alternate is to state what services are required.



We feel that scheduling, estimating, value engineering, and construction contracting would reasonably be required for your project.



Additional Checklist Items:

What services/personnel/equipment are included in the fee - which are reimbursable.



Will bonding be by C.M. and contractors.

Identify project personnel.

Get C.M. evaluations from local contractors that could be providing bids to the C.M.



Obtain Owner/User references.



Considerable discussion occurred regarding the presentation and the basic concept for the Jail Facility/Criminal Justice Facility.

Commr. Smoak stated that he felt that the Jail Task Force Committee was in need of direction from the Board, as far as a site location, costs, and size of the facility.

Mr. Koopman informed the Board that Mr. Bob Buchanan, Correctional Services Group, was updating the 1985-86 Jail Study, and would be presenting it to the Jail Task Force Committee within 30 days.

Mr. Ford informed the Board that HOK has been retained by the County, on a percentage fee, at this time.

Mr. Watkins stated that it was the understanding that once the Board has approved the request for proposal, the Jail Task Force Committee will send it to all of the construction management companies, to be interviewed by the Committee, and to be short-listed to no less than three, but no more than five.

Commr. Smoak requested that HOK submit to the County addresses for the list of Construction Managers presented to the Board today.

LANDFILLS/MUNICIPALITIES

Mr. Michael C. Willett, County Administrator, informed the Board that the staff was working on landfill fees.

Mr. Roland Lewis, Solid Waste Disposal Operations Director, appeared before the Board and presented specific figures involving pounds and per capita amounts. He stated that, in Lake County, the figures indicated a generation of 5.9 pounds per capita, per day, per 2.39 people.

Discussion occurred regarding increasing the landfill costs to $3.00 per family.

It was noted that, should the County decide by the first of October, to allow automobiles and pickup trucks with household garbage to haul free, the physical impact would be approximately $167,000.00 per year, which would include the City of Leesburg.

Mr. Lewis recommended that private individuals pay a $2.00 fee to haul garbage.

Mr. Willett stated that Mr. Lewis will have a recommendation for the Board September 8, 1987, and that haulers will be notified of a $3.00 hauling fee.

Commr. Smoak requested that Mr. Lewis supply the Board, at that time, with comparative figures for the State and County, to review.

There being no futher business to be brought to the attention of the Board, the meeting adjourned at 4:58 p.m.

THOMAS J. WINDRAM

ATTEST:

JAMES C. WATKINS, CLERK

TMA/8-24-87