A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 16, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, February 16, 1988 at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: Thomas J. Windram; Claude E. Smoak, Jr.; James R. Carson, Jr.: and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Robert K. McKee, Executive Assistant to the 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. Carson.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Special Minutes of January 26, 1988, as corrected.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of February 2, 1988, as corrected.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of February 9, 1988, as submitted.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Commr. Windram informed the Board that the NRG/Recovery Group, Inc. contract date runs out today. At this time he requested that the contract be extended until April 6, 1988, at 12:00 a.m.

Mr. Dan Robuck, representing NRG/Recovery Group, Inc., appeared before the Board and requested that the extension be made to September 30, 1988, for the start of the construction of the project.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the extension of the contract with NRG/Recovery Group, Inc., until September 30, 1988.

Commr. Windram informed the Board that he was unable to meet with experts, as planned, to discuss the Resource Recovery Plant for Lake County, and the selection of a vendor.

Commr. Windram stated that a letter had been received from Mr. Robuck requesting permission for NRG/Recovery Group, Inc. to sell its stock to Mr. F. Browne Gregg.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board granted permission, as contractually required, for Mr. F. Browne Gregg to assume ownership of NRG/Recovery Group, Inc.

Mr. Robuck stated that Mr. Gregg proposes entering into negotiations with the County.

Mr. Steve Richey, representing Mr. Gregg, appeared before the Board and stated that Mr. Gregg now owns NRG/Recovery Group, Inc., and has purchased the permitted site for the NRG/Recovery Group, Inc. project, and would like to enter into negotiations with the County this afternoon, if possible. Once this has been accomplished, Mr. Gregg will be ready to start construction.

Discussion occurred regarding the tax benefits expiring December 31, 1990, with Mr. Robuck stating that the County experts advise that this does not apply. Mr. Richey stated that his expert has advised him that the tax benefits will expire on that given date.

Commr. Windram stated that he would like to meet with Mr. Ed Sledge, Attorney, Baltimore, for guidance and legal advice, for this type of contractual agreement.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized Commr. Windram to negotiate directly, in an expeditious manner, with NRG/Recovery Group, Inc., in order to present to the Board a proposed contractual agreement, for the construction of a Resource Recovery Plant in Lake County.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the following payments to Trac Roadbuilders:

Proj. 3-88 Grand Hwy./Mohawk Rd. (Partial) $55,160.91

Proj. 2-88 Huff Road (Partial) $21,747.69

Proj. SA-57 Claire Dr./Pine Ct. (Final) $ 3,754.48

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for partial payment, in the amount of $110,535.15, to Superior Asphalt, for Project SA-53, Mt. Plymouth Project.

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a change order, on Project SA-53, Mt. Plymouth Subdivision, to Superior Asphalt, in the amount of $15,865.80, and for the County to pay the cost of the change order, rather than amending the assessment roll, as recommended by the County Administrator.

COUNTY PROPERTY/MUNICIPALITIES

Mr. Michael C. Willett, County Administrator, discussed a request from the Town of Astatula, to purchase a 1962 Caterpillar road grader, Model 112 (Prop. #1967), and a 1978 ten wheel dump truck (Prop. #7086), in lieu of the County selling said equipment at public auction.

Mr. Willett stated that, in 1985, the County sold a 1975 Ford dump truck for $3,200.00, and in 1984, sold one for $3,300.00. He stated that there was no comparable information on a 1962 road grader. He discussed other equipment that had been sold at the 1987 auction, and the prices they brought. Mr. Willett recommended that the County charge at least the price that it would anticipate receiving at auction.

Mr. Ben Benedum, Director of Public Works, appeared before the Board and discussed other auctioned equipment and compared figures received for the equipment.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board directed Mr. Benedum to devise a fair formula, for all parties involved, to dispose of the equipment, as indicated above, to the Town of Astatula.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids, for two or more boom type rotary mowers, and installation of tractors, at an estimated cost of $35,000.00.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

Mr. Michael C. Willett, County Administrator, discussed with the Board the request to reject the bids, on Project 5-88, Countywide Secondary Road Mowing Project, due to the cost. He stated that last year the bid for mowing secondary roads was $98,730.00, with this year's low bid being $208,786.00. He stated that the County Administrator's Office, and the Public Works Department, recommends that the County stay in the mowing business, with the staff continuing to research the mowing costs.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to reject the bids, on Project 5-88, Countywide Secondary Road Mowing Project, due to the cost, and to authorize the purchase, from the State Contract, of nine mowers (6 replacement; 3 new -- estimated total cost of $30,000.00), and four tractors (estimated total cost of $45,000.00).

PUBLIC HEARINGS - ROAD CLOSINGS

Petition No. 496 - Minnie L. Adkinson - Astatula Area

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 January 28, 1988, and February 4, 1988, 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 lots and roads, in the Plat of Astatula, as advertised in Petition No. 496, by Minnie L. Adkinson.

Petition No. 497 - Walter L. Rice - Umatilla Area

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 January 28, 1988, and February 4, 1988, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate that portion of West 8th Street, in the Plat of Umatilla, as advertised in Petition No. 497, by Walter L. Rice.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 498 - David H. Ricci - Tavares Area

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise an unnamed road, Lake Park, Tavares Area, in Petition No. 498, by David H. Ricci.

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved payment of Warrant #76890 through Warrant #77305, for the following accounts:

County Transportation Trust Pasco Fire District

Bassville Fire District Landfills

General Revenue Northwest Fire District

Mt. Plymouth Fire District Countywide Fire District

Countywide Library Fine and Forfeiture

Law Library South Lake Fire District

Paisley Fire District Private Industry Council

Mosquito Control Eustis Section 8

Capital Outlay Certificate of Indebtedness

Aquatic Weed Section 8

Emergency 911 Fund Road Impact

Northwest Ambulance Northeast Hospital

Northeast Ambulance

PRIVATE INDUSTRY COUNCIL/REPORTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports, for Lake County, from July 1, 1987, to January 31, 1988, Volusia, Lake, Flagler Private Industry Council, Inc.

ACCOUNTS ALLOWED/COUNTY PROPERTY

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signature on the list of items to be deleted from Fixed Assets, as submitted by Mr. Don Gullickson, Director of Property Control, as follows (all to be junked):

Prop.# Dept. Item Amount

6190 Leesburg Barn Bush Hog Mower $1,510.00

6323 Fish Conservation Automatic Fish Feeder 330.41

8178 Leesburg Barn Meter Pump 350.00

8179 Leesburg Barn Meter Pump 350.00

8180 Leesburg Barn Meter Pump 350.00

8185 Umatilla Barn Meter Pump 350.00

8186 Umatilla Barn Meter Pump 350.00

8189 Umatilla Barn 24" Chain Saw 432.45

Total $4,022.86

COMMITTEES/LAWS & LEGISLATION/RESOLUTIONS

Commr. Windram informed the Board that he had presented to the Legislative Delegation, as requested, the item of the occupational license tax.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved and adopted the resolution authorizing the proceeds of an additional occupational license tax to a County Comprehensive Economic Development Program, as presented to the Board by the Industrial Development Commission of Mid-Florida, Inc.

COMMITTEES/MEETINGS

Mr. Chris Ford, County Attorney, informed the Board that the Lake County Industrial Development Authority will hold a public hearing on Monday, February 29, 1988, at 9:00 a.m., with the Board of County Commissioners holding a public hearing at 10:00 a.m., in regards to the issuance of industrial revenue bonds, in relation to the Resource Recovery Plant. He stated that March 1, 1988, is the deadline date for obtaining the allocation of funds.

Discussion occurred regarding the bonding being utilized for a specific purpose, with no full faith pledge being made by Lake County. Mr. Ford stated that the experts do feel that, if there are problems with the facility, they will be directed to the Government for solving.

Commr. Smoak stated that one option the Board has not considered, was the project being operated as a public utility. He stated that he hoped when the Board of County Commissioners reviews, discusses, and entertains a proposal for a specific vendor, that the alternatives available, and the commitment to be made by the Board, will be considered.

Mr. Ford stated that the Committee, working on the project, recognizes the strong feeling for private ownership, and this factor will be considered and discussed, at the time a report is made.

CONTRACTS, LEASES AND AGREEMENTS/JAILS

Mr. Chris Ford, County Attorney, informed the Board of a letter received from Dr. Brisbane Brown, Consulting Engineer, which he distributed to the members, regarding the job description of the owner's representative, or Project Director, for the Construction Manager's contract. He stated that the subject should be discussed at the February 29, 1988, meeting.

Mr. Ford stated that a contract is still being negotiated with Barton Malow, and hopefully a contract can be presented to the Board on March 1, 1988, for consideration.

At this time members of the Board requested a copy of the proposed contract, with changes, for their review.

ACCOUNTS ALLOWED/ASSESSMENTS

At 10:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #56, Corley Island Road South. It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

No one present wished to discuss the project with the Board.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved Special Assessment #56, Corley Island Road South, and awarded the low bid to Superior Asphalt Company, in the amount of $23,161.70.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

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

Wade Powell #2-1309 Carter Jones Road

ASSESSMENTS/RESOLUTIONS/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for the following roads to be accepted into the County maintenance system through a special assessment project:

#l-5241E Pine Court

#l-5237A Claire Drive (portion)

DEEDS/ROADS-COUNTY & STATE

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

145 Release all reservations E. of Lady Lake

2473 Reserve 50' from CL for S.R. 46 Mt. Plymouth Area

2776 Release all reservations Mt. Plymouth Area

ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Mascotte, to purchase 25 signs, caps, crosses and poles, at a cost of $712.50.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Mascotte, for fill dirt to be used in the community park.

ACCOUNTS ALLOWED/MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Minneola, for the County to pay for resurfacing of Center Street, and the recommendation to pay the City $4,500.00, which would be one-half of the County's cost to resurface the street.

MUNICIPALITIES/ROADS-COUNTY & STATE/SIGNS/PUBLIC WORKS

Discussion occurred regarding the request for "No Thru Truck" signs on Old Mt. Dora Road.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for "No Thru Truck" signs, on Old Mt. Dora Road, and at Eudora Road, on the north side of Highway 441.

LANDFILLS/PUBLIC WORKS

Mr. Ben Benedum, Director of Public Works, appeared before the Board to discuss the relocation of transfer stations, for the Lady Lake and Umatilla landfills. He stated that these landfills have been scheduled to close in March, 1988, according to the County's agreement with the Department of Environmental Regulations (DER). Mr. Benedum stated that, when the agreement was made, that there would be some sort of waste energy plant, in order to prevent having to travel all the way to the Astatula landfill for disposal of solid waste. He recommended that, if the transfer stations in Lady Lake and Umatilla areas close, that consideration be given for the construction of transfer stations in these areas. Mr. Benedum recommended that the old clay pit, at the intersection of S.R. 466 and Landfill Road, west of Lady Lake, be utilized as a transfer station site.

Mr. Michael C. Willett, County Administrator, stated that the County is presently negotiating with DER for an extension on the closing of the Lady Lake and Umatilla landfills.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the County Administrator to pursue the recommendation, as outlined by Mr. Benedum, and to bring back to the Board a specific proposal, for the installation of the transfer stations, for the Lady Lake and Umatilla landfills.

ACCOUNTS ALLOWED/AGRICULTURAL CENTER

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to purchase a Model ST labelling machine, from Tri-State Addressing Machine Company, at an estimated cost of $2,195.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/MOSQUITO & AQUATIC PLANT MANAGEMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request from Mosquito Aquatic Plant Management, for Eric Cotsenmoyer to attend the 59th Annual Meeting of the Florida Anti-Mosquito Association, in Pensacola, on March 12-15, 1988, at an estimated cost of $409.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the request from the Mt. Plymouth Fire District, to purchase a 1974 3,000 gallon tanker, from the City of Orlando, at a cost of $2,000.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the request from the Astatula Fire District, to purchase two floating pumps, at an estimated cost of $2,600.00.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, was present to answer any questions the Board had concerning the request to purchase pagers and hand held radios, for the fire departments.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the request to purchase, on County Bid #021-725-088, the following:

Electronic Associates Communications:

86 pagers $23,894.44

11 pagers $ 2,577.44

Warranty $ 3,783.OO Total $30,254.88

Motorola Communications:

35 Hand Held Radios Total $21,420.00

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

EMERGENCY MANAGEMENT

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signatures on the FY88 Emergency Management Assistance Agreement, between the Florida Department of Community Affairs and Lake County, in the amount of $18,263.70.

ACCOUNTS ALLOWED/VETERANS SERVICE

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Veterans Service for Thomas Osebold, Veterans Service Specialist, to attend certification training, March 6-11, 1988, in St. Petersburg, at an estimated cost of $415.00.

GRANTS/LIBRARIES/RESOLUTIONS

Ms. Mary McMahon, Library Coordinator, was present to answer any questions of the Board regarding the request for signatures on a resolution, in support of a planning grant, to survey current library facilities and services, and future library needs.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request, as stated above.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for signatures on the State Aid Contract, with the Division of Library and Information Services, for FY 87/88, in the amount of $52,156.00.

ACCOUNTS ALLOWED/BONDS/ROAD-COUNTY & STATE/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $91,725.00, for performance, in Crooked Lake Terrace; acceptance of a maintenance bond, in the amount of $8,339.00; and acceptance of the following roads into the County maintenance system: Lake Terrace Drive (4-4869), Mercedes Circle (4-4869A), and Regal Point Place (4-48698).

MUNICIPALITIES/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the resolution, to be presented to the Department of Transportation (DOT), in relation to the construction of a needed sidewalk, for the new post office in Altoona.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:25 a.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/2-18-88