A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
The Lake County Board of County Commissioners met in regular session on Tuesday, May 3, 1994, 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.; Rhonda H. Gerber; and Don Bailey. Others present were: Frank T. Gaylord, County Attorney; Pete Wahl, County Manager; Ava Kronz, BCC Office Manager; Mr. Neil Kelley, Chief Deputy, Administrative Services Department; and Marlene S. Foran, Deputy Clerk.
Mr. Harold Lehner, Howey-in-the-Hills, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Bailey requested that Tab 28, discussion of a letter received from Nancy Abbott concerning Hickory Point Park Admission Fee, be withdrawn from the Consent Agenda; and Mr. Pete Wahl, County Manager, requested that Tab 16, the request for approval and authorization for Chairman's signature on DEP Consent Order for Hazardous Materials Violation, be pulled from the Consent Agenda until April 17, 1994.
MINUTES
Regarding the Minutes of March 29, 1994 (Regular Meeting), Commr. Swartz requested that clarification be made to the motion on Page 29, Line 27, and the following corrections were requested:
Page 31, Line 19 - delete (Pursuant to direction by the County Attorney's Office, it has been noted, for the record, that the applicant promised to provide a copy of Exhibit "2" for the record, and it has never been received by the Deputy Clerk.) and insert appropriate language to indicate that Exhibit "2" has been received.)
Page 35, Line 19 - delete "to" and insert in.
Page 52, Line 6 - insert included in after "not".
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of March 29, 1994 (Regular Meeting), as amended.
Regarding the Minutes of April 5, 1994 (Regular Meeting), Commr. Swartz requested that language be inserted on Page 24, Line 5, indicating the reason for his "No" vote.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of February 8, 1994, (Regular Meeting), as amended.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PERSONAL APPEARANCES
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Nelson Watts, Case No. 90-218-CF, in the amount of $250.00, and authorized proper signature on same.
Bonds-Contractor
Request for approval of the following Contractor Bonds:
New
1950-94 Richard Gerth dba Dart & Gerth Construction
4586-94 William D. Martin (General)
5073-94 Benjamin Gary Rusu dba Gary's Air Conditioning
5291-94 Scott A. Bruehl (Plumbing)
5292-94 Michael Wayne Stanley (Electrical)
5293-94 Harris Corporation of Fla Roofing & Sheet Metal, Inc.
Accounts Allowed
Request to acknowledge receipt of 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.
Accounts Allowed/Reports
Request to acknowledge receipt of monthly distribution of Revenue Traffic/Criminal Cases, month ending March 31, 1994, in the amount of $123,130.17. Same period last year: $146,368.91.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Public Hearing from the Florida Public Service Commission to Southern States Utilities, Inc., Citrus and Hernando Counties, Cypress and Oak Villages Association, and All Other Parties and All Other Interested Persons, In Re: Investigation into the appropriate rate structure for Southern States Utilities, Inc. for all regulated systems in Bradford, Brevard, Citrus, Clay, Collier, Duval, Hernando, Highlands, Lake, Lee/Charlotte, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Washington Counties. Hearing will be held on April 14, 1994, at 9:00 a.m., at the Stouffer Orlando Resort Convention Center, Orlando, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice from Florida Public Service Commission, In Re: Notice of Application for an Extension of Service Area from Southern States Utilities, Inc. to amend Certificate Numbers 553-W and 464-S for water and wastewater service to add territory in Lake and Orange Counties, Florida. Objection to the application must be made in writing within thirty (30) days from the date of this notice to the Division of Records and Reporting, Florida Public Service Commission, Tallahassee, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice from Florida Public Service Commission to Florida Power and Light Company, Florida Power Corporation, Tampa Electric Company, Gulf Power Company, and All Interested Persons, Dockets Nos. 930548-EG; 9830549-EG; 930550-EG; and 930551-EG, In Re: Adoption of Numeric Conservation Goals and Consideration of National Energy Policy Act Standards (Section 111) By: Florida Power and Light Company, Florida Power Corporation, Tampa Electric Company, and Gulf Power Company. Public Hearing to be held on June 1, 1994, at 101 East Gains Street, Room 106, Fletcher Building, Tallahassee, Florida.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 94-01, amending the Town Limits of the Town of Lady Lake, Lake County, Florida, by annexing certain contiguous property upon voluntary application by the property owner, Thomas J. Conklin.
Request to acknowledge receipt of Ordinance No. 94-02, amending the Town Limits of the Town of Lady Lake, Lake County, Florida, by annexing certain contiguous property upon voluntary application by the property owner, Thomas J. Conklin.
Request to acknowledge receipt of Ordinance No. 94-03, amending the Town Limits of the Town of Lady Lake, Lake County, Florida, by annexing certain contiguous property upon voluntary application by the property owner, Clarence B. & Othella Lingle.
EMPLOYEE AWARDS
COUNTY EMPLOYEES/PERSONNEL
At this time, Commr. Hanson presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:
Presentation of Plaques to Employees with Five, Ten and Thirty-five Years of Service
Five Years of Service
Danny L. Holton, Equipment Operator III, Public Services/Solid Waste Management Division/Solid Waste Disposal Operations
Walter D. Wood, Water Resources Branch Supervisor, Planning & Development Services/Environmental Management Division/ Pollution Operations
Ten Years of Service
Clarence Gillard, Sign/Striping Technician II, Public Services/Engineering Division/Traffic Safety Services
Susan J. Nies, Senior Probation Clerk, Community Services/Probation Services Division
Thirty-five Years of Service
Norman "Ted" Herschelman, Area Maintenance Supervisor, Public Services/Roads Division/Maintenance Area III (Umatilla)
Presentation of May "Employee of the Month" Plaque and Savings Bond
Kathleen L. Padgett, Building Technician, Department of Planning and Development Services/Building Services Division
ADDENDUM NO. 1
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PRESENTATION OF RESOLUTIONS
RESOLUTIONS/SUPERVISOR OF ELECTIONS
Commr. Hanson presented Resolution No. 1994-80 to Ms. Emogene Stegall, Supervisor of Elections, expressing appreciation for her thirty-five (35) years of service as Supervisor of Elections.
COUNTY EMPLOYEES/PERSONNEL
At this time, Commr. Hanson presented the following Walk-A-Thon Certificates:
Highest Fund Raising Small Department -
County Attorney's Office
Highest Fund Raising Medium Department -
Department of Human Resources
Highest Fund Raising Large Department -
Fire and Emergency Services
Highest Individual Fund Raiser -
Lieutenant Thomas Mitchell, Fire/Rescue
Lake County Employee Award for Participation in the Walk-A-Thon - All Employees
1994 Order of the Battered Boot March of Dimes Walk America for Healthier Babies - Karen Bowerman
RESOLUTIONS
Commr. Hanson presented Resolution No. 1994-86 to Ms. Judy Edwards, Lake County Citizens' Commission for Children, expressing appreciation for her dedicated manner in developing and promoting the goals and objectives of the Citizens' Commission for Children in regard to the needs of the children in Lake County.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Hanson requested that Tab 13 be pulled, and Commr. Gerber requested that Tab 17 be pulled from the Consent Agenda for discussion. Commr. Hanson noted that Tab 16, the request for approval and authorization for the Chairman's signature on DEP Consent Order for Hazardous Materials Violation, had previously been pulled from the Consent Agenda.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests, with the exception of Tab 13, Tab 16, and Tab 17:
Contracts, Leases & Agreements/Education
Request for ratification of a revocable license between the School Board of Lake County and the Lake County Cooperative Extension Service for the use of the C.V. Griffin Educational Center's stable facility and surrounding pasture.
Budget Transfers/Facilities & Capital Improvements
Corrections Department/Sheriff's Department/Resolutions
Request for approval of the following budget transfers and resolutions:
Budget Transfers:
Fund: Capital Projects
Department: Office of Facilities & Capital Improvements
Division: Capital Improvements
From: Capital Outlay $140,000.00
To: Capital Outlay $140,000.00
Transfer No: 94-0143
Fund: General
Department: Corrections
Division: In-House Support
From: Personal Services $2,303.00
To: Transfer/Grant $2,303.00
Sheriff's Department
Transfer No: 94-0145
Resolutions:
Request for approval of Resolution No. 1994-88, requesting that the General Fund for Fiscal Year 1993/94 be amended, in the amount of $70,424.00, in order to receive unanticipated revenue from the Department of Community Affairs for the purpose of enhancing the Emergency Management Program; subject to final review and approval by the County Attorney.
Request for approval of Resolution No. 1994-89, requesting that the County Library System Fund for Fiscal Year 1993/94 be amended, in the amount of $54,660.00, in order to receive unanticipated debt proceeds from a capital lease; subject to final review and approval by the County Attorney.
Accounts Allowed/Ambulances-Hospital Districts
Request for approval of payment of monthly medicaid hospital bill, in the amount of $71,342.49; and the medicaid nursing home bill, in the amount of $32,952.89, for the month of February.
Veterans Services/State Agencies
Request approval for a letter of support to be sent from the Board of County Commissioners to the County Veterans Services Officers' Association (CVSOA) regarding Donald W. Priem's nomination for Senior Vice President of CVSOA.
County Employees
Request for approval to authorize the Chairman to sign Certificates for employees with one year of service.
Request for approval to authorize the Chairman to sign Certificates for employees with three years of service.
Human Resources/Emergency Management Division
Request for approval of the new full time position of Emergency Services Public Education Specialist, Pay Range 601, in Fire & Emergency Services, Emergency Management Division, effective May 1, 1994, for a fiscal impact in the amount of $12,274.00.
Roads-County & State
Request for approval to rename a portion of Woodside Drive to Lake Eustis Drive.
Accounts Allowed/Informational Services/Resolutions
Request for approval of Resolution No. 1994-90, providing for the imposition of a local option fee for provision of "9-1-1" service and equipment for the period of October 1, 1994 through September 30, 1995, in the amount of $.50.
Contracts, Leases & Agreements/Zoning
Request for acceptance and execution of an Agreement between the Board of County Commissioners and Ross Evers, Jr. for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located off C-439 and Quale Grofe Road while conventional home is being built - Commissioner District 4.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of the following Non-Exclusive Easement Deeds:
L. Kelly and Sallie D. Wallace
Elton L. and Lucille I. Westfall
Accounts Allowed/Landfills/Solid Waste
Request for approval to seek proposals for closure of additional waste areas at the Umatilla Landfill.
Grants/Solid Waste
Request for approval for Chairman to sign the Second Quarter Waste Tire Grant Reimbursement Request.
Accounts Allowed/Contracts, Leases & Agreements/Landfills
Request for approval of Amendment No. 1 for Astatula I Closure with Post, Buckley, Schuh & Jernigan, Inc.; authorization for Chairman to sign Amendment No. 1; and authorization to encumber and expend funds in the amount of $590,000.00; subject to final review and approval by the County Attorney.
Accounts Allowed/Resolutions/State Agencies
Request for approval of Resolution No. 1994-91, requesting $50,000.00 from the Florida Department of Environmental Protection, Florida Boating Improvement Program for Johns Lake parking lot improvements.
Accounts Allowed/Bids/Road Projects
Request for approval to award Project No. 8-94 Widening & Resurfacing, Bid No. B-5-4-47, to Trac Roadbuilders, Inc.; and to encumber and expend funds, in the amount of $414,355.25, from the Transportation Trust Fund - Commissioner District 3.
Deeds/Road Projects/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Statutory Warranty Deeds:
Alston W. and Evelyn S. Hammons
Lake Burns Road - #5-7575
Montevista Missionary Baptist Church, Inc.
Cemetery Road - #2-0740
David M. Smith
Lee Road - #2-1604 & Stuckey Road - #2-1605
C. Byron Smith, Trustee
Thrill Hill Road - #4-5880
Wayne K. Bowron & Leeann E. Bowron
Apiary Road - #5-6745
Elaine Bowron Tumlin
Apiary Road - #5-6745
James A. Lee & Alene M. Lee
Bruce Hunt Road - #2-2541
David M. Wishneski
Lake Burns Road - #5-7575
Debra Kelly & Sheryl Amole Watkins
Lake Burns Road - #5-7575
James Archimbaud & Deborah A. Archimbaud
Lake Burns Road - #5-7575
Lemuel B. Howard
Lake Burns Road - #5-7575
Non-Exclusive Easement Deeds:
Margaret P. Smith
SR 19
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/SOLID WASTE
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and explained that the request for authorization of a Commercial Recovered Material Collection Service Non-exclusive Franchise Agreement was in regard to the recycling of commercial materials in the unincorporated area of the County, and would not affect the private landfills that are permitted by the State.
Commr. Cadwell made a motion, which was seconded by Commr. Gerber, to approve authorization of a Commercial Recovered Material Collection Service Non-exclusive Franchise Agreement, which shall be provided to all private recovered material dealers who wish to provide this service within Lake County.
Commr. Swartz requested that staff monitor carefully not to create a system that will limit legitimate recycling in commercial establishments in Lake County. He further requested that staff encourage the County's existing exclusive franchise holders to work with their customers to provide a legitimate recycling facility that will result in a reduction in their disposal costs.
The Chairman called for a vote on the motion, which carried unanimously.
RESOLUTIONS
Mr. Craig Willis, Alternative Transportation Specialist, appeared before the Board to present the request for a proclamation designating May 1994 as Bike Month in Lake County, and discussed upcoming events and programs in Lake County such as the "helmet safety campaign" at Roseborough Elementary School.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Proclamation No. 1994-87, designating May 1994 as Bike Month in Lake County.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, no one present wished to address the Board during the Citizen Question and Comment Period.
COMMISSIONERS/STUDENT GOVERNMENT DAY
Commr. Hanson, on behalf of the Board, extended a warm welcome to the students who were present to participate in Student Government Day.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/GRANTS/STATE AGENCIES/BUDGET TRANSFERS
Mr. Pete Wahl, County Manager, presented this request.
Mr. Fletcher Smith, Director of Community Services, appeared before the Board and noted that the National and Community Service Act/Americorp Communities Grant was a three (3) year grant program.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved authorization to submit a National and Community Service Act/Americorp Communities Grant proposal, in the approximate amount of $175,000.00; and, if approved, a budget transfer, in the amount of $12,000.00 from General Fund Contingency; subject to final review and approval by the County Attorney.
MUNICIPALITIES/COMMUNITY SERVICES/PUBLIC HEALTH
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to begin the application process through the City of Clermont for the purpose of placing a temporary modular unit at Clermont CPHU Clinic, 560 DeSoto Street, Clermont, to house the WIC/Environmental Health staff.
Commr. Hanson noted that Dr. John Pellosie was present in the audience.
COUNTY BUILDINGS/CONTRACTS, LEASES & AGREEMENTS/BIDS
Mr. Pete Wahl, County Manager, presented the request for the Board to uphold the recommendation of the General Contractor Selection Committee to proceed with negotiations for the Guaranteed Maximum Price with Metric Constructors, Inc.
Mr. Mike Anderson, Director of Facility and Capital Improvements, appeared before the Board and presented a chronology of events that have led to the recommendation before the Board this date. He explained that, in November 1993, the Board approved to proceed with the advertisement and selection of a general contractor for the proposed renovation and restoration of the round building, old jail, and historic courthouse, with a project budget set at an estimated cost in the amount of $10,750,000.00. He stated that the technical proposals and sealed price proposals were received on April 8, 1994; however, immediately following receipt of the technical and price proposals, Metric Constructors notified staff of an error contained within their sealed proposal and asked if a correction would be considered. He further stated that the Purchasing Department, after consulting with the County Attorney, indicated to Metric Constructors that, under certain conditions, such a correction would be allowed, and Metric Constructors was directed to overnight mail their corrections to the Purchasing Department, in a sealed package, which would be considered at the time of opening.
At this time, Mr. Anderson discussed the technical presentation score card, which indicated the Bid Amount and Adjusted Bid Amount for Biltmore Construction Company, Inc., Metric Constructors, Inc., Federal Construction and Walbridge Contracting, Inc. Mr. Anderson stated that the Selection Committee allowed Metric Constructors' adjusted proposal and, based on the evaluation scores applied to the proposed bid amount, Metric Constructors was the lowest adjusted bid, in the amount of $15,019,282.93. Walbridge Contracting was the second lowest adjusted bid in the amount of $15,062,193.63. He noted that the original bid from Metric Constructors was, in the amount of $12,663,000.00, and the original adjusted bid amount was $15,442,682.00.
Mr. Anderson stated that Walbridge Contracting had indicated that they would protest the results of the decision if Metric Constructors' adjusted proposal, which contained the error adjustment, was allowed. He stated that the Selection Committee determined that 1) the error adjustment submitted by Metric Constructors should not be considered; 2) the Walbridge proposal be rejected based on their use of qualifying conditions in support of their Guaranteed Maximum Price (GMP); and 3) negotiations begin with Metric Constructors based on their lowest adjusted GMP, to identify those elements of change necessary to assure that the project construction budget would remain within the stated $10,750.000.00 budget.
Mr. Anderson discussed the detailed evaluation report prepared by Mr. Terry Short, Odell & Associates, dated April 27, 1994, in regard to the rejection of the proposal submitted by Walbridge Contracting, Inc., which indicated that there were qualifications and assumptions listed that supported the Walbridge GMP number that would have an influence on said number. He stated that, for the selection process to be fair to all of the submitting General Contractors, the technical and price proposals have to be responsive to the requirements of the pricing documents, and that the Walbridge price proposal was not responsive to the requirements of Odell Associates' pricing documents.
Mr. Frank G. Gaylord, County Attorney, discussed the legal standard used in determining a "non conforming" response for an invitation for proposal. He cited the case of Harry Pepper & Associates v. City of Cape Coral, 352 So.2d 1190, (FLA 2DCA, 1978, concerning the bidding process; and the case of Wester v. Belote, 138 So. 721 (S.Ct. 1931). Mr. Gaylord explained that proposals may not be fairly compared to each other if one presenter restricts or qualifies a proposal, and the other presenters have not.
Commr. Bailey expressed his concern with the consideration of the adjustment, and stated that future proposals should be accepted only at the designated time that the technical proposals and sealed price proposals are to be received.
Commr. Swartz discussed the General Conditions, as addressed in Exhibit C of the report prepared by Odell & Associates, and Mr. Terry Short's concluding statements, at which time, Mr. Terry Short, Odell & Associates, appeared before the Board to address the concerns expressed by Commr. Swartz.
Mr. Michael McIntyre, Vice President, Walbridge Contracting, Inc., appeared before the Board and stated that Walbridge Contracting was in agreement with the concurrence of the Selection Committee that general Florida history and Florida law indicates that a bid received after the time that the bid was due should not be duly acceptable. He stated that Walbridge has spent a tremendous amount of time with local subcontractors in formulating the proposal, with the understanding that the project was funded with tax dollars, to allow Walbridge the opportunity to work with Lake County, the design professionals, the local subcontractors, and labor markets to return as much of that value back to the community as possible. He explained that Walbridge submitted a list of clarifications with the bid, as a recap of the proposal and as an outline, in layman terms, of what the core part of the project was for the renovation and restoration of the round building, old jail, and the historic courthouse. He stated that Walbridge would honor their quotation, in the amount of $11,823,822.00, and would disregard any qualifications with the proposal. He stated it was not Walbridge's intent to deflate the cost of the job when, in fact, the job was still $1,000,000.00 over budget.
In response to a question presented by Commr. Swartz, Mr. McIntyre explained that five (5%) percent of the qualifications were a layman's recap of what the project consist of, and should not have been submitted with the bid proposal. He further explained that the qualifications were a statement that would be utilized to discuss the scope of the work in the project budget at the time of negotiations, and additional value engineering with the design professionals for the purposes of achieving a cost effective design, and a high quality budget to meet the budget goal of $10,750,000.00. He stated that it was possible that the material allowances that were listed in the bid may be adjusted in negotiations with the successful contractor in order to achieve those budgetary goals for the project. He stated that Walbridge Contracting would withdraw the clarifications and honor their bid price, and the intent of the contract documents if selected as the County's general contractor.
Mr. Ted Steinwender, Vice President, Metric Constructors, Inc., appeared before the Board and stated that it was Metric Constructors' intent to comply with the bidding requirements. He stated that historically a risk evaluation will indicate that the qualifications tend to pass the risk for the scope of the work back to the owner, and away from the contractor, which creates an unfair playing field for the other bidders who do not take that advantage. He stated that the Metric Project Team was present in the audience, and are dedicated to utilizing Lake County subcontractors and suppliers, and have experience in accomplishing savings through sales tax programs.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved to reject the proposal from Walbridge Contracting, Inc.; to accept the Selection Committee's recommendation to not consider the metric error of adjustment; and direct staff to enter into negotiations with Metric Constructors as the general contractor for the proposed facilities renovation and restoration of the round building, old jail, and historic courthouse.
Commr. Hanson expressed the Board's appreciation to Mr. Terry Short, and Mr. Mike Anderson for their commitment to this process, and to the contractors who submitted proposals.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Tim Hoban, Senior Assistant County Attorney, distributed a copy of a response to Mr. James Finch, President, Phoenix Construction Services, Inc. in regard to the Umatilla Sanitary Landfill Closure Agreement, dated July 16, 1990, between Lake County and Phoenix Construction Services, Inc.
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.
Commr. Swartz made a motion, which was seconded by Commr. Bailey, for approval for the County Attorney and staff to negotiate remedies as proposed by Phoenix Construction Services, Inc. in regard to the closed areas of the Umatilla Landfill; and to bring back to the Board any legal action that was warranted in regard to the Phoenix matter.
Commr. Cadwell questioned whether the Board should move forward with the County's intent to take legal action prior to entering into the negotiation process, at which time Mr. Frank Gaylord, County Attorney, stated that Phoenix Construction has responded to the County's concerns within the allotted time frame, and the next two weeks would determine how sincere Phoenix Construction Services was in regard to the negotiation process.
The Chairman called for a vote on the motion, which carried unanimously.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Jim Stivender, Senior Director of Public Services, appeared before the Board to discuss the agreement between Jean Howard Overton and Regina Mancino in regard to the Sugarloaf Clay Pit. He explained that there was an erosion problem on the south face of the Sugarloaf Clay Pit, and the agreement before the Board permits the County to enter the property to correct the erosion and outlines the scope of operations.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Agreement between Jean Howard Overton, Plaintiff, and Regina Mancino, Defendant, relating to Sugarloaf Clay Pit; and authorization for Chairman to sign said agreement.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointments of the following individuals to fill the vacant positions on the Lake County Parks and Recreation Advisory Board, for a two year term beginning May 21, 1994:
Reappointments
School Board Representative - Ms. Sandra Green
League of Cities Representative - Mr. Jim Myers
Water Authority Representative - Ms. Irene "Rene" James
Appointment
At-Large Representative - Mr. Joe Shipes
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Accounts Allowed/Contracts, Leases & Agreements/Bonds
Request for approval to accept the Martin Paving Bond Agreement, in the amount of $30,040.00, with Rider "A" per Environmental Management.
Accounts Allowed/Subdivisions
Request for acceptance of an Irrevocable Letter of Credit, in the amount of $35,086.00, for Highland Lakes, Phase 2-D.
Accounts Allowed/Bonds/Roads-County & State
Resolutions/Subdivisions
Request for acceptance of a Maintenance Bond, in the amount of $7,050.48, for Wolf Branch Village, Phase II; and acceptance of Stallion Drive (#4-4784A), into the County Maintenance System.
Deeds/Roads-County & State
Request to execute a quit-claim deed to William S. West.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. Pete Wahl, County Manager, presented the request for authorization to pay invoices received from Public Financial Management, Inc. (PFM), in the amount of $27,521.72, for services rendered in connection with the line of credit agreement for solid waste financing. He stated that the County's contract with PFM expired in August 1993, and he was requesting approval to extend the contract through May 1994. He further requested direction to extend the contract based on existing terms, to renegotiate the contract, or to seek new proposals.
Commr. Swartz requested that the Finance Department provide the Board with an accounting of money that has been paid to financial consultants, for the purpose of evaluating whether or not Lake County would be better served financially by having an individual on staff to handle financial matters of this type, before entering into an agreement with PFM or considering further proposals.
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to pay the invoices from Public Financial Management, Inc. (PFM) for services provided in connection with the line of credit agreement for solid waste financing; to extend the contract with PFM through May 1994; and direct the Finance Department to provide an account of monies paid to financial consultants for the purpose of evaluating the feasibility of having an individual on staff to provide financial consulting in lieu of hiring outside consultants.
Commr. Hanson expressed her support of the motion, however, noted that in recent years the issues before the Board have required expert financial advice, and to have such expert financial advice on staff would have been extremely expensive.
The Chairman called for a vote on the motion, which carried unanimously.
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to pay costs in the case of the State of Florida v. Floyd Alan Lewis in the amount of $711.75.
SUITS AFFECTING THE COUNTY/SOLID WASTE
Mr. Frank Gaylord, County Attorney, informed the Board that staff was in the process of evaluating the court costs in the case of Lake County v. Buddy Joe Richard that have been proposed to be paid by the County. He stated that the County has stipulated that this matter be presented before Judge Singeltary for a ruling to determine which disputed amounts are not allowable.
COMMISSIONER SWARTZ - DISTRICT NO. 3
SOLID WASTE
Commr. Swartz requested that staff prepare an analysis of the current testing of ash by Ogden Martin Systems of Lake, Inc. and Lake County for the purpose of making a comparison of said test with toxicity test to determine whether material was hazardous.
Commr. Swartz further requested an analysis in regard to a charge to Ogden Martin Systems of Lake for disposal of out-of-county ash in the landfill that was clearly provided for in the contract with Lake County. He stated that there was a verbal understanding that, because of off-sets, it might be beneficial to the County not to pursue this issue, and he has requested an analysis of the off-set as compared to what the County would receive in revenue if charging the full complete cost of that portion of out-of-county ash.
Mr. Pete Wahl, County Manager, noted that he would notify Commr. Swartz by the end of the week when said information would be provided.
COMMISSIONER BAILEY - DISTRICT NO. 2
ZONING
Commr. Bailey requested an update from the County Attorney in regard to the quasi judicial hearing process that was to be presented before the Florida Legislature.
Mr. Frank Gaylord, County Attorney, reported that, in regard to exparte communications, the only item that was presented before the Legislature was whether or not the presumption of a tainted body would prevail.
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT NO. 4
STATE AGENCIES/MUNICIPALITIES
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved to prepare and send a letter to the Florida Department of State supporting nominating the Old Leesburg High School for listing in the National Register of Historic Places.
ADDENDUM NO. 1
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
RESOLUTIONS/COMMITTEES
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1994-86, to Judy Edwards, Lake County Citizens' Commission for Children, expressing appreciation for her dedicated manner in developing and promoting the goals and objectives of the Citizens' Commission for Children in regard to the needs of the children in Lake County.
COMMISSIONERS
Commr. Hanson informed the Board that a Certificate of Appreciation was presented to the Board of County Commissioners during the rededication ceremony of Cauley Lott Memorial Park in Mount Dora for contributing to the revitalization of the park. It was noted that the County contributed $30,000.00 to the Cauley Lott Memorial Park revitalization project.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT NO. 4
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Mr. Donald Miller as the District 4 Representative on the Planning & Zoning Commission.
RECESS & REASSEMBLY
At 11:30 a.m., the Chairman announced that the Board would recess for lunch and would reconvene at 1:30 p.m. for Student Government Day.
STUDENT GOVERNMENT DAY
COMMISSIONERS
Commr. Hanson announced that the students participating in Study Government Day would be representing the County Commissioners and staff during a "Mock" Board Meeting. At this time, the students heard a "mock" public hearing on an Ordinance Prohibiting Unreasonably Loud, Disturbing and Unnecessary Noises; a rezoning ordinance; a road vacation petition; and the Lake County Fire/Rescue Organizational Plan: Wekiva Fire Station. The following students participated in Student Government Day:
Tangela Hart Commr. Rhonda H. Gerber
South Lake High School District No. 1
Jennifer Cobia Commr. Don Bailey
South Lake High (Clermont) District No. 2
Kelly Lafler Commr. Richard Swartz, Jr.
Leesburg High School District No. 3
Heather Danenhower Commr. Catherine C. Hanson
Umatilla High School District No. 4
Shawn Tedman Commr. Welton G. Cadwell
Umatilla High School District No. 5
Justin Cox Mr. Pete Wahl
Eustis High School County Manager
Jonathan Story Mr. Frank T. Gaylord
Eustis High School County Attorney
Clint Ross Paul Bergmann
Leesburg High School Director, Planning & Development
Danielle Dennis Lois Martin Mount Dora High School Human Resources Director
Mr. Wahl introduced County staff who participated in the "Mock" Board Meeting, and expressed appreciation to Ms. Ava Kronz, Board of County Commissioners Office Manager, for her endeavor in organizing Student Government Day.
At this time, the students discussed ways in which to improve Student Government Day, and expressed their appreciation to the Board and to staff for inviting them to participate in Student Government Day.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:00 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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