A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 14, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, December 14, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; and Rhonda H. Gerber. Commissioner Don Bailey was not present. Others present were: Frank T. Gaylord, Interim County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy, Finance and Audit Department; and Sandra Carter, Deputy Clerk.

The Invocation was given by Pastor A. E. Middleton, Sr., from the Calvary Baptist Church of Leesburg, and Commr. Gerber led the Pledge of Allegiance.

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:

Bonds - Contractor

Request for approval of Contractor Bonds - New, Cancellations, and Reinstatement, as follows:

New



4887-94 S & T Electric of Lake County, Inc.

5037-94 Myron D. Deetz d/b/a Smith's Air Conditioning

5237-94 Shaw Electric

5248-94 Robert Blake Harper d/b/a 1-800 Plumber, Inc.



Cancellations



4168-93 Michael G. Gillespie

4594-95 Douglas Griffin

4702-94 McLeod Electric

4801-93 William R. Ferguson

4823-94 Robert J. Roper

5196-93 Bigg's Roofing

5241-94 Charles Carpenter



Reinstatement



4949-94 David Littiken Plumbing



Accounts Allowed/County Property



Request for approval of the list of items (4) to be deleted from Fixed Assets, for the month of December, 1993, in the amount of $53,725.00.



Accounts Allowed



Request for approval of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.



PUBLIC HEARING

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Mr. Tim Hoban, Senior Assistant County Attorney, informed the Board that the two parties (Greiling Farms, Inc. and Au Clair Properties, Inc.) involved in a lawsuit in which the County is involved have agreed to settle, as well as the County, therefore, requested authorization from the Board to execute the Settlement Agreement and the two Mutual Releases and Covenants Not To Sue, pertaining to the case.

A brief discussion occurred.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the Settlement Agreement and the two Mutual Releases and Covenants Not To Sue, pertaining to Case Nos. 91-1482-CA-01 and 91-2446-CA-01 - Greiling Farms, Inc. vs. Au Clair Properties and Lake County, Florida, a political subdivision of the State of Florida; Donald B. Bailey, Chairman;

C. W. Gregg, Commissioner; Catherine Hanson, Commissioner; Richard Swartz, Commissioner; Michael Bakich, Commissioner.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, informed the Board that Tab 8, requesting approval to advertise for bids for Lake Griffin Road Curves (5-7611), French Road (5-7611A), and Richardson Road

(5-7612) Paving Lump Sum Construction Project No. 7-94, at an estimated cost of $225,000.00, from the County Transportation Trust Fun, Commissioner District 5, was being withdrawn from the County Manager's Consent Agenda.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:



Accounts Allowed/Budgets/Budget Transfers/Office of Budget

Resolutions



Request from the Office of Budget for approval of the following:



Budget Transfer



Fund: County Ambulance

Department: Fire & Emergency Services

Division: Ambulance

From: Contingency $16,909.00

To: Capital Outlay $16,909.00

Transfer No.: 94-0035



Resolution



Resolution requesting that the Law Enforcement Trust Fund for FY 1993-94 be amended, in the amount of $153,168.00, in accordance with Florida Statutes Section 932.704 (3) (a), which provides that forfeitures resulting from the seizure of contraband articles allows that the appropriate law enforcement agencies may request these monies for specific purposes.



Resolution

Resolution adopting a supplemental budget for FY 1992-93, for the General Fund and the Self-Insurance-Comprehensive Fund.



Accounts Allowed/Community Services/Grants

Federal Agencies/Resolutions



Request from Community Services for approval of a Resolution authorizing the Division of Social Services, Department of Community Services, to apply for the Phase XII Emergency Food and Shelter Program Grant, from the Federal Emergency Management Agency (FEMA), in the amount of $83,152.00, and to disperse said funds to agencies, as voted by the local FEMA Board, and authorized proper signatures on same.



Accounts Allowed/Community Services/Libraries



Request from Community Services for approval, signature, and encumbrance of funds, in the amount of $18,813.96, for the 1994 McNaughton Book Leasing Plan, for the Cooper Memorial Library, the Lady Lake Public Library, and the Tavares Public Library, subject to review and approval by the County Attorney.



Contracts, Leases & Agreements/Education/Public Services



Request from Public Services for approval for the Chairman to execute an agreement with the Leesburg High School Booster Club, Inc., a recipient of the Parks and Recreation Capital Improvement Program funding that was approved by the Board on October 5, 1993.



Public Services/Subdivisions



Request from Public Services for approval to proceed with the establishment of a Municipal Services Benefit Unit, for Silver Lake Forest, Phase I and II.





Accounts Allowed/Road Projects/Roads - County & State

Public Services



Request from Public Services for authorization to advertise for bids for Old 441/Heim Road Widening and Resurfacing Lump Sum Construction Project No. 5-94, at an estimated cost of $370,000.00, from the Road Impact Fee Fund. Benefit District 2, Commissioner District 3 and 4.



Road Closings/Public Services/Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 745, by John Thornton, to vacate road, Broadvue Heights Subdivision, Section 13, Township 19, Range 26, Eustis area. Commissioner District 4.



Road Closings/Public Services/Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 746, by Roper, Trust and Bornstein, Trust, to vacate roads, tracts and lots, Lake Highlands Co., Monte Vista Park Farms and Havenmont Subdivision, Section 32, Township 22, Range 26, and Sections 5 and 6, Township 23, Range 26, Clermont area. Commissioner District 2.



Road Closings/Public Services/Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 747, by Magnolia Island Homeowners, to vacate roads, Magnolia Island Subdivision, Sections 35 and 36, Township 22, Range 26, Clermont area. Commissioner District 2.



Accounts Allowed/Purchasing



Request from Purchasing for approval to advertise for bids, proposals and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contract, G.S.A. cooperative bids, OEM repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:



B) Authorization to Waive Bid Requirements and Accept Quotes and Issue Purchase Orders.



DIVISION AMOUNT



1) OFFICE OF TOURISM $9,561.43

Smallwood Sign Company/Authorization to award the one and only quote received for the construction and installation of two signs for the Welcome Center. It is also requested that the Bid process be waived and accept the quote, due to the immediate need for signage. Purchasing mailed the quote to six vendors, however, only one vendor responded. The quoted price is considered fair and reasonable.



C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.



DIVISION AMOUNT



1) CAPITAL IMPROVEMENTS $4,930.00



A-Aabot Fence, Inc./Authorization to award Proposal P-5-3-20,

Part #2, for Lake County Jail Security Fence, and issue a Purchase Order. Two Proposals were received, award is to the

low, most responsive proposal. Estimated savings between high and low Proposal is $1,945.00.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT



1) MOSQUITO MANAGEMENT $114,000.00

American Cyanamid Company/Issue a blanket Purchase Order within budgeted funds for an estimated 6,000 gallons of Cythion Malathion ULV Concentrate 95% Technical. This is a sole source purchase with American Cyanamid Company. They are the only American distributor of bulk Malathion with the "Mosquito Control Use Only" label. This type of Malathion has worked successfully for Mosquito Management and is one of the cheapest compounds on the market.



DIVISION AMOUNT



2) CAPITAL IMPROVEMENTS $11,457.00



Honeywell Inc./Authorization to issue a Purchase Order for annual management support services on the Honeywell Automation System, database and documentation. This is OEM maintenance.



ADDENDUM NO. 1

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

LANDFILLS/PUBLIC SERVICES/SOLID WASTE

Mr. Ron Roche, Director, Solid Waste Management Division, appeared before the Board and answered questions regarding the leachate situation that the County is faced with. He stated that there is a restructuring of the whole leachate handling system, under the new phase that is being constructed, but it is still going to require a truck. He stated that the County is supposed to receive chemical results, around the first of the year, to see if the County can trade Ogden Martin Systems, Inc. leachate, to be used for quench water, for their blow down water and give the blow down water (which he noted is better water) to the cities.

Mr. Roche stated that the problem with the leachate is that it has become concentrated, by it sitting, due to the fact that the cities can only take half as much as what they originally thought they could take. He stated that the County is looking for a one-time haul out of all the leachate that has built up over the years

and that he hopes to be able to come back to the Board in January with an update on the situation.

Mr. Jim Stivender, Jr., Director, Public Services, interjected that the County is putting a cover on the existing surface, in order to reduce the amount of leachate.

Commr. Swartz questioned whether the County had been provided with an operational manual, or any kind of assistance from the engineer who designed the ash monofill and the entire leachate system.

Mr. Roche responded that there is an operational manual and that it calls for exactly what the County is doing, at this point in time. He stated that it calls for covering the site, temporarily, as the County goes along, so that the cover creates stormwater, as opposed to leachate.

It was noted that the County has also received some letters, indicating how the leachate situation should be handled.

Mr. Stivender informed the Board of some problems that the County has run into, regarding the leachate situation.

Commr. Swartz stated that this was the first time that he had heard of the County having a manual, or receiving letters, suggesting how to handle the leachate situation, noting that the County has been collecting leachate since the first day that the ash monofill went into operation. He suggested that either the County Manager and/or the County Attorney review the documents and determine whether or not Post, Buckley, Schuh & Jernigan (PBSJ) should have any liability in the matter, due to poor design of the ash monofill. He stated that this matter has become a very costly proposition for the County and that he would like to find out whether or not PBSJ provided the County with information that should have allowed the County to know that dealing with the matter in a different way would create less leachate.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Public

Services for approval to award the leachate haul contract to the second low bidder, due to the low bid by Auchter Industrial Vac being withdrawn; authorization to execute an agreement with Bio Gro Systems, Inc., for ash monofill leachate transportation; and authorization to encumber and expend funds, in the amount of $15,000.00, with the understanding that the County Attorney and/or the County Manager will come back to the Board with a review and recommendation, with regard to the original contract and operation instructions from Post, Buckley, Schuh & Jernigan.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

OTHER BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved ratification of a financial item (Unemployment Compensation bill) which needed to be paid prior to this Board Meeting.

Commr. Swartz informed the Board that, before he signed for said bill to be paid, he had returned the bill to Human Resources and requested them to review all the cases involved, due to the fact that they involve Unemployment Compensation Insurance. He stated that it appears, in all the cases that were appropriate, that the County appealed the unemployment claims and that they had been overturned, on appeal. He stated that he wanted to make sure, in cases like these, that the County is aggressively appealing unemployment claims, when it is appropriate.

ACCOUNTS ALLOWED/COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the County Attorney's Office for approval to pay costs, in the amount of $186.00, in the case of the State of Florida vs. Robert M. Krech.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Charles Jacobs, a resident of Fruitland Park, appeared before the Board and discussed a problem that he and other

residents of his subdivision are being faced with, concerning a home in the subdivision that is unoccupied and has been terribly neglected. He submitted, for the record, a copy of a memorandum from Mr. Kirk Warren, Assistant County Attorney, to Commr. Gerber, regarding a proposed Vegetation Abatement Ordinance and viable alternatives and options, for possible inclusion in the proposed ordinance, and pictures of the home (Exhibit A) in question, showing its condition.

Mr. Jacobs stated that he had spoken with Code Enforcement and was informed that they can do nothing about neglected property. He stated that the residents of the subdivision are concerned about the possibility of a fire at the home. He also submitted, for the record, pictures of vacant lots (Exhibit B) in their subdivision which show that they have cleared out excess growth of vegetation, in order to reduce the chances of a fire occurring on said lots. Mr. Jacobs stated that the residents of his subdivision are asking for a basic tool for Code Enforcement to use, to persuade property owners in developed and/or developing unincorporated areas of the County to meet their responsibilities and keep the vegetation on their properties reasonably under control.

It was the consensus of the Board to postpone any discussion regarding this matter until later in the meeting.

No action was taken at this time.

ADDENDUM NO. 1 (CONT'D.)

OTHER BUSINESS (CONT'D.)

APPOINTMENTS-RESIGNATIONS/COMMITTEES

A brief discussion occurred regarding this request.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone action regarding a request to appoint an individual to fill the unexpired term of Mr. Charles Jones, who resigned from the Board of Building Examiners, until the Board Meeting scheduled for December 21, 1993, and requested the Chairman of the Board of Building Examiners, or

said Board, if they meet prior to the December 21, 1993 Board Meeting, to review the names which have been submitted and make a recommendation to the Board of County Commissioners. The unexpired term expires January 14, 1995.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED

Mr. Frank Gaylord, Interim County Attorney, explained this request.

Considerable discussion occurred, at which time Mr. Gaylord answered questions from the Board regarding the matter.

A motion was made by Commr. Cadwell to approve ratification of the appointment of Mr. Lewis Stone, City Attorney for the City of Eustis, as Special Counsel to the Board of Adjustment, in the appeal of Case No. 82-93-4, before the Board of Adjustment.

The motion died for lack of a second.

Discussion continued regarding the matter.

A motion was made by Commr. Swartz that the bill, in the amount of $652.50, to the law firm of Stone & Gerken, P.A., be authorized for payment and that said amount be deducted from the monthly retainer that is paid to the Interim County Attorney.

The motion died for lack of a second.

A request from the Interim County Attorney for ratification of the appointment of Mr. Lewis Stone as Special Counsel to the Board of Adjustment, with respect to Case No. 82-93-4, and approval to pay costs of $652.50 was not approved.

REPORTS

COUNTY MANAGER

ROADS - COUNTY & STATE

Mr. Pete Wahl, County Manager, informed the Board (for informational purposes) that he would be meeting with the Sheriff, individuals involved with tourist development, individuals representing various triathlons, and various other individuals

involved, on Thursday, December 16, 1993, to discuss a situation involving the issue of the safety of the participants, in the holding of triathlons, and that he would report his findings back to the Board on December 21, 1993.

CLERK/COUNTY EMPLOYEES/COUNTY MANAGER

Mr. Pete Wahl, County Manager, informed the Board that the Clerk of Circuit Court, Mr. James C. Watkins, had informed his office that he was providing his employees with a "floating" holiday, in addition to the upcoming Christmas and New Year's Day holidays. He distributed a handout indicating what the various constitutional officers, surrounding counties, and state offices are doing regarding the holidays and pre-holiday days off and requested direction from the Board regarding same.

A brief discussion occurred, at which time Mr. Wahl answered questions from the Board regarding the matter.

Commr. Hanson requested that this matter be set up as policy for future years.

It was noted that, if the Board approved the request, the matter of a policy decision would be brought back to the Board, at a later date, for discussion.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved an additional pre-holiday day off for County employees, using the Clerk of Circuit Court's plan, as indicated in a handout to the Board regarding same.

COMMISSIONERS' BUSINESS

ORDINANCES/SUBDIVISIONS

Commr. Gerber informed the Board that she had spoken with Mr. Charles Jacobs, who had appeared before the Board earlier in the meeting to discuss the matter of a home in their subdivision that has been neglected and they fear is a fire hazard, and that she had informed him that she was going to look at some ordinances from surrounding municipalities and counties, come up with a proposal for the Board, and let the Board decide what, if anything, they

wanted to do, to get something started in this area. She stated that, after much discussion regarding the matter, she and the Code Enforcement Office; Mr. Wahl, County Manager; and Mr. Jacobs came up with the draft ordinance before the Board this date.

Considerable discussion occurred, at which time Commr. Swartz suggested that the matter be postponed until a later date, in order to allow the Board more time to review the matter.

It was the consensus of the Board to postpone this matter until the Board Meeting of January 4, 1994, at which time it will be discussed during a workshop, to be scheduled for 2:00 p.m.

OTHER BUSINESS (CONT'D.)

Ms. Gladys Ford, a resident of Tavares, appeared before the Board and requested them to come up with some type of county and city transportation system, noting problems that the residents of the cities and the County are faced with, due to lack of same.

Discussion occurred, at which time Commr. Swartz informed Ms. Ford what she could do to alleviate her immediate problem.

No action was taken.

COMMISSIONERS' BUSINESS (CONT'D.)

RESOLUTIONS/STATE AGENCIES

Commr. Cadwell distributed copies of a resolution that is to be passed by the City of Eustis, on December 16, 1993, supporting the creation of a constitutionally empowered Florida Department of Fish and Wildlife, to act as a single purpose wildlife agency, with regulatory, management, and enforcement powers. He stated that they are reshaping the government in Tallahassee and are considering placing the Florida Game and Fresh Water Fish Commission under one big umbrella organization. He stated that he feels that would be a big mistake, because he feels it will to the detriment of the wildlife and game and freshwater fish in the State. He requested the Board to review the resolution, for discussion at a later date.



It was noted that said resolution would be put on an agenda for discussion and possible action at a future Board Meeting.

No action was taken at this time.

APPOINTMENTS-RESIGNATIONS/COUNTY ATTORNEY/HUMAN RESOURCES

Commr. Cadwell informed the Board of a concern he about the County Attorney position and suggested lowering the ten year requirement to eight years, extending the deadline date for applying another week, and consider individuals who were not able to apply for the position, due to the ten year requirement.

Commr. Swartz stated that (1) the ten year requirement is in the ordinance, so the ordinance would need to be changed, and (2) anyone who applies that does not meet the qualifications will be pulled by Human Resources. He stated that, if the County Attorney Selection Committee looks at the applicants and, for some reason, is not satisfied that there is a satisfactory number of applicants to recommend to the Board, then he feels that the Board might want to consider readvertising or advertising in other areas.

Discussion occurred regarding the matter, however, no action was taken at this time.

Commr. Swartz stated that, as a result of the process that the commissioners have to go through, when they nominate people to committees, they never know who each of the other commissioners are going to nominate, or what the makeup of a committee is going to be, therefore, he requested that Ms. Denise Joiner be appointed to serve on the County Attorney Selection Committee, from District 3, replacing Mr. Sandy Minkoff.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board appointed Ms. Denise Joiner to serve on the County Attorney Selection Committee, replacing Mr. Sandy Minkoff.



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



_____________________________ CATHERINE C. HANSON, CHAIRMAN



ATTEST:







______________________________________

JAMES C. WATKINS, CLERK



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