The Lake County Board of County Commissioners met in regular session on Tuesday, September 6, 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; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Toni M. Riggs, Deputy Clerk.
Mr. Watkins gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Hanson discussed with the Board any changes or revisions that needed to be made to today's agenda. There being none, the Board continued with the scheduled agenda.
MINUTES
Discussion occurred regarding the Minutes of July 5, 1994, Regular Meeting, with the following changes being made:
Page 33, Lines 26-27 - Delete: maintained
Add: reflected in the long range plan
Page 14, Line 17 - Delete: down
Add: slippery
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried, the Board approved the Minutes of July 5, 1994, Regular Meeting, as amended.
The motion was carried by a 4-0 vote. Commr. Cadwell was not present for the discussion or vote.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved the Minutes of July 12, 1994, Special Meeting - Budget Workshop, as presented.
The motion was carried by a 4-0 vote. Commr. Cadwell was not present for the discussion or vote.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved the Minutes of July 13, 1994, Special Meeting - Budget Workshop, as presented.
The motion was carried by a 4-0 vote. Commr. Cadwell was not present for the discussion or vote.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of July 19, 1994, Regular Meeting, as presented.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of July 26, 1994, Regular Meeting, as presented.
PERSONAL APPEARANCES
COUNTY EMPLOYEES/RESOLUTIONS/CLERK/TAX COLLECTOR
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution 1994-172 recognizing the many years of service of T. Keith Hall, County Tax Collector.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Resolution 1994-171 recognizing the many years of service of James C. Watkins, County Clerk of Courts.
Commr. Hanson read the resolutions and extended her appreciation to Mr. Hall and Mr. Watkins, as she presented them.
COUNTY EMPLOYEES/TAX COLLECTOR/COMMITTEES
Mr. T. Keith Hall, Tax Collector, appeared before the Board and stated that, in recent months, the Florida Legislature has made changes to the Occupational Law. He stated that the ordinance that the County now operates under has been authorized by State law. Mr. Hall stated that, in the scope of the new law, there are several changes that are possible, but they require some action by the Board. Only certain changes to the rate structure can be made, if a resolution of this type is not adopted. Mr. Hall suggested that a committee be formed to study the equity of the current occupational license law. He discussed another change to the law that dealt with the distribution of funds. Mr. Hall explained that the fee collected for an occupational license was distributed based on the population of each of the 14 municipalities and the County, which means that every municipality, whether they have an occupational license law or not, receives a portion of the occupational license money, which was based on the most recent Federal census. The County receives the remainder of the money. Mr. Hall noted that, if some of these issues are not adopted, no changes to the rates can be made unless there was another general law that authorizes this to be done.
Mr. Frank Gaylord, County Attorney, addressed the issue being presented by Mr. Hall and explained what action was needed by the Board.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize staff to proceed to establish the categories that would sit on the Study Committee, as recommended by Mr. Hall, and to bring the information back to the Board for the formal appointment of those committee members.
SHERIFF'S DEPARTMENT
Sheriff George E. Knupp, Jr. appeared before the Board to make a presentation on the study prepared by his staff regarding the feasibility of a south Lake County full service sub-station.
Mr. Dave Hall, Chief Deputy, Lake County Sheriff's Office, presented the Board members with a copy of the study for the sub-station.
Sheriff Knupp explained the study to the Board, as well as a map of the south end of Lake County, and discussed the growth taking place in that area. He presented a summary of his plans for manpower and equipment for the sub-station and explained the services that would be offered at this location. Sheriff Knupp stated that, per the request of the Chairman during the budget session, he was in the process of preparing a document for the Board for the number of deputies that would be needed over a 5-10 year span.
Commr. Cadwell stated that some of the cities have contacted him in regards to the sub-station, as well as the local police departments and the local elected officials, and they are very excited about it.
Commr. Hanson commended Sheriff Knupp on his work and timeliness made on moving forward with the 5-10 year projections, and for addressing the potential need in this area.
Commr. Bailey informed the Board that he had received, from the communities, an indication of support for the sub-station.
Sheriff Knupp explained that Mr. Pete Wahl, County Manager, and Mr. Mike Anderson, Director of Facilities & Capital Improvements, have been involved with the proposed facility, as well as the State making recommendations for things that are needed in the existing jail cells, in order to make it a viable 24 hour a day sub-station.
Discussion occurred regarding other possible space available in the old Clermont Police Department.
Mr. Pete Wahl, County Manager, explained that there are three sections of the old building. He stated that he spoke with Mr. Wayne Saunders, City Manager, who indicated that the City was interested in leasing to the County the entire upper portion of the building, including the Council Meeting Room, as soon as they can find an alternate location to meet. Mr. Wahl informed the Board that this would be sufficient to take care of the building and code enforcement employees, who are currently in leased space, with the possibly that, at some point in time, the bottom area would become available to the County.
Sheriff Knupp stated that the people in south Lake County want to see more County government in the south end, because of traveling time. He stated that he would like to have the facility open January 1, 1995.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the concept of the sub-station in south Lake County, as presented by Sheriff Knupp, and directed staff to proceed to work with the Sheriff on proceeding forward.
CLERK OF COURTS AGENDA
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Accounts Allowed
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.
Bonds - Contractor
New
4817-94 Gary L. Hampton (Class C Residential)
Utilities
Request to acknowledge receipt of the following notice: Before the Florida Public Service Commission, Notice of Commission Hearing, Docket No. 930330-TL, Investigation Into Intralata Presubscription, September 12-16, 1994, 9:30 a.m., Room 106, Fletcher Building, 101 East Gaines Street, Tallahassee, Florida, 32399-0863.
Municipalities/Resolutions
Request to acknowledge receipt of the following:
(1) Resolution No. 4783, from the City of Leesburg, naming the park area the "Jessie L. Holliman Park".
(2) Resolution No. 4444, from the City of Leesburg, naming the park area the "Corrine Madry Williams Neighborhood Park".
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 94-09, from the City of Eustis, voluntarily annexing that property being .29 acres with a single family residence currently being constructed at 2617 Country Club Road, approved April 21, 1994, with an effective date of May 1, 1994.
Municipalities/Ordinances
Request to acknowledge receipt of the following:
(1) Ordinance 94-13, from the City of Tavares, amending the boundaries of the City of Tavares Code by including within the City Limits property generally described as approximately 2 acres located north of Dora Avenue, and east of Golden Palms Subdivision, passed April 6, 1994.
(2) Ordinance 94-15, from the City of Tavares, rezoning property in the City of Tavares generally described as 76 acres located west of Lake Etowah, North of US 441 from Ca and C1A to PCD, passed April 6, 1994.
PERSONAL APPEARANCES
NORTH CENTRAL FLORIDA HEALTH PLANNING COUNCIL
Ms. Carol Gormley, Executive Director, North Central Florida Health Planning Council, Inc. (NCFHPC), appeared before the Board and presented an update on activities of the North Central Florida Health Planning Council, and to discuss a request for local funding. Ms. Gormley recognized members of the Board of Directors, North Central Florida Health Planning Council, who were present in the audience, as follows: Mr. Jack Hargrove and Ms. Nancy Taylor. She stated that the third representative, Ms. Allison Thall, was not present. Ms. Gormley presented the Board members with a pamphlet from NCFHPC and updated the Board on the activities in Lake County, which are completed at no cost or at a greatly reduced cost. She explained that some of the projects are subsidized by local support and some by funding from the State of Florida. Ms. Gormley stated that the NCFHPC had submitted annually, for a number of years, a request to each of the 16 counties for some funding assistance in the amount of five (5) cents per capita. This year the request to Lake County would be $8,649.95. She stated that ten of the counties have responded to fund them at the five (5) cent level, although one had chosen to fund at a different level. Ms. Gormley stated that any help that the County could give would be greatly appreciated, and she wanted the Board to be aware of the NCFHPC, and to use their resources.
Commr. Hanson recognized that the charge for the assessment of the Children's Services was very reasonable. She stated that, with the aging population and the requirements for the aging, the County needed to prepare itself, in order to address an area that could become overwhelming for the County.
Ms. Gormley stated that she would be interested in working with the County on the aging issue. She stated that the needs for the elderly are being largely neglected, and that local governments are going to have to fill in where other initiatives fail to be comprehensive enough to address all of the problems.
Mr. Pete Wahl, County Manager, explained that the approach that the Board had taken in the past had not been to provide a subsidy, but to direct staff, where possible and appropriate, to contract for services with the NCFHPC.
Mr. Fletcher Smith, Director, Community Services, addressed the Board and explained that the request made by Ms. Gormley, in the amount of $8,649.95, had been included in the proposed budget.
EMPLOYEE AWARDS
Commr. Hanson presented the following employees with awards, as Mr. Joe Grawet, Personnel Manager, presented a brief description of their job performances:
Presentation of Plaques to Employees with Five Years of Service
Darryl E. Carl, Equipment Operator III, Public Services/Solid Waste Management Division/Solid Waste Disposal Operations
Marcus H. Fussell, Building Inspector, Planning & Development Services/Building Services Division
J. David Livingston, Equipment Operator III, Public Services/Solid Waste Management Division/Solid Waste Disposal Operations
Robert E. Wood, Secretary I, Fire & Emergency Services/Animal Control
Presentation of Plaque to Employee with Ten Years of Service
Anita V. Winkler, Licensing & Building Technician, Planning & Development Services/Building Services Division
Presentation of Plaque and Bond to September Employee of the Month
Joanne K. Singleton, Executive Secretary/Fire & Emergency Services/Director's Office
LAKE COUNTY BOARDS AND COMMITTEE AWARDS
Presentation of Certificates
It was noted, for the record, that the following individuals were not present for the meeting:
Roy Singleton for his service to Lake County as a member of the Lake County Agriculture Advisory Committee from 1992-1994
Chuck Hudson for his service to Lake County as a member of the Lake County Agriculture Advisory Committee from 1992-1994
Mike Dixon for his service to Lake County as a member of the Lake County Agriculture Advisory Committee from 1992-1994
Dave Burkhardt for his service to Lake County as a member of the Lake County Environmental Protection Board from 1991-1994
Hosea Walls for his service to Lake County as a member of the Lake County Animal Control Ordinance Study Committee from 1993-1994
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, requested that Tab 27 and Tab 44 be pulled for further discussion and input.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Contracts, Leases & Agreements/Hospital-Ambulance Services
Jails
Request for approval and authorization for Chairman to sign Agreement between Lake County and Florida Hospital Waterman, Inc. to provide medical services to persons incarcerated in the Lake County Jail.
Accounts Allowed/Other Counties/Contracts, Leases & Agreements
Resolutions
Ratification of issuance of single family mortgage Revenue Bonds not to exceed $50,000,000 by Orange County Housing Finance Authority and authorization for Chairman to sign Resolution 1994-179 and any other necessary documentation.
Accounts Allowed/Property Records
Request to approve the issuance of a Blanket Purchase Order to the Tavares Postmaster for Postage for Fiscal Year 1994-95, in the amount of $122,000.00.
Accounts Allowed/Budget Transfers
Budget Transfer, as follows:
1. Fund: General
Department: Sheriff
From: Contingency $10,000
To: Operating Expenses $10,000
Transfer #: 94-0328
Accounts Allowed/Sheriff's Department
Approval of request from the Sheriff for an amount of $7,885.50 for payment of purchase of equipment and operating supplies. These funds have been expended in accordance with the provisions of Florida Statutes, Section 932.704. Approval of expenditure from the Law Enforcement Trust Fund.
Accounts Allowed/Resolutions/Sheriff's Department
Approval of Resolution 1994-169 from the Sheriff requesting that the General Fund for Fiscal Year 1993/94 be amended in the amount of $2,540.00, in order to receive unanticipated revenue from Concealed Weapons applications.
Accounts Allowed/Agriculture Center/Resolutions/Committees
Approval of Resolution 1994-174 from the Agricultural Center and Cooperative Extension Service requesting that the General Fund for Fiscal Year 1993/94 be amended in the amount of $480.00, in order to receive unanticipated revenue from the Lake County Overall Advisory Committee.
Accounts Allowed/Community Services
Hospital-Ambulance Services
Approval of payment of monthly medicaid hospital bill in the amount of $40,990.46, and the medicaid nursing home bill in the amount of $37,590.61 for the month of June.
Contracts, Leases & Agreements/Libraries
Approval of Interlocal Agreements between Lake County and Governing Bodies of Participating Libraries Relating to the Provision of Library Services and execution pending Agreements executed by affected parties. Approval subject to County Attorney's review and approval.
Contracts, Leases & Agreements/Fairgrounds
Approval and execution of the Agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc. Relating to Provision of Administrative and Management Services 1994-1995, and approval and execution of Renewal of Lease between Lake County and the Lake Agriculture and Youth Fair Association, Inc.
County Employees/Human Resources
Approval to authorize the Chairman to sign Certificates for employees with one year of service.
Accounts Allowed/Contracts, Leases & Agreements
Human Resources
Approval to contract with CPA Firm of Ernst & Young to provide actuarial services for liability reserves for a fee not to exceed $8,000.00, and authorization for Chairman to sign the contract. Approval Subject to County Attorney's review and approval.
State Agencies/Planning and Development/Water Resources
Approval and execution of License to Use District Lands - Lake Apopka marsh Flow-way Demonstration Project which allows us access to property owned by St. Johns River Water Management District for the purpose of water sampling.
Accounts Allowed/Planning and Development
Acceptance of C & C Peat Co., Inc. Irrevocable Letter of Credit in the amount of $64,500.00 as per Mining Site Plan 93/9/2-2.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Acceptance of a Developer/Lender/County Agreement for performance for the Eagleridge, Phase I plat in the approximate amount of $15,277.00 - Commissioner District 2. Approval subject to County Attorney's review and approval.
Contracts, Leases & Agreements/Subdivisions
Acceptance of Agreement between Lake County and Leisure Communities, Ltd. relating to the issuance of building permits while platting is in progress - Pennbrooke, Phase I-G - Commissioner District 1. Approval subject to County Attorney's review and approval.
Contracts, Leases & Agreements/Subdivisions
Acceptance of Agreement between Lake County and Jam-Lake Co., Inc. relating to the issuance of building permits while platting is in progress - Eagleridge, Phase I - Commissioner District 2. Approval subject to County Attorney's review and approval.
Planning and Development/Zoning
Approval to revoke CUP #87/11/1-3 for Al Besade, Jr.
Resolutions/Subdivisions
Approval and execution of Resolution 1994-175 accepting Madison Park Court #2-0840A into the County Maintained Road System - Commissioner District 2. Approval subject to County Attorney's review and approval.
Resolutions/Subdivisions
Approval and execution of Resolution 1994-176 accepting Summit Square "Part" #3-5234B into the County Maintained Road System - Commissioner District 3. Approval subject to County Attorney's review and approval.
Bonds - Mobile Home
Approval of renewal of Mobile Home Bond for Kenneth Carnes to temporarily keep a travel trailer on his property while completing his home on property in the Fruitland Park area - Commissioner District 1.
Bonds - Mobile Home
Approval of the revocation of Pamela Lang's Mobile Home Bond.
Bonds - Mobile Home
Approval of the revocation of Madonna Kissinger's Mobile Home Bond.
Contracts, Leases & Agreements/Water Resources
Approval and execution of the Cooperative Funding Agreement between Southwest Florida Water Management District and Lake County for Florida Natural Areas Inventory Mapping.
Resolutions/Roads-County & State/Municipalities
Approval and execution of Resolution 1994-177 Transferring Massachusetts Avenue CR 2-1310 to the Jurisdiction of the City of Mascotte.
Accounts Allowed/Bids/Road Projects/Subdivisions
Approval to advertise for bids for SA-80, Swan Road in Sorrento Acres, at an estimated cost of $151,945.00 - Commissioner District 4.
Contracts, Leases & Agreements/State Agencies/Municipalities
Approval and execution of Cooperator Agreement between the Lake County Board of County Commissioners and the Florida Game and Fresh Water Fish Commission with Respect to Boating Improvements at Astor - Butler Street boat ramp (GFC Ramp #31).
Contracts, Leases & Agreements/Municipalities
Approval for Chairman to sign Letters of Agreement between Lake County and the Cities of Leesburg and Umatilla related to the Non-exclusive Easement Franchise for the provision of Commercial Recovered Material Collection. Approval subject to County Attorney's review and approval.
Deeds/Roads-County & State
Acceptance of the following Non-Exclusive Easement Deeds:
Equitable Life Assurance Society of the United States
Richard P. Quinn, Margaret D. Quinn and Kevin M. Quinn
Sawgrass Fill Rd.
Gary W. Frey, Judy F. Reisz and Barbara Lou Davis
Sawgrass Fill Rd.
William A. Brooks
Sawgrass Fill Rd.
Ralph M. Parilla, Jr. and Gail B. Parilla
Sawgrass Fill Rd.
Deeds/Roads-County & State
Acceptance of the following Statutory Warranty Deeds:
Dorothy H. Conner
Senese Rd. #4-4584 & Wolfbranch Rd. #4-4583
Hester H. Lilly
C-455
Gladys S. Biggers, Trustee
Sunnyside Dr. #1-4122
Arthur J. Biggers, Trustee
Sunnyside Dr. #1-4122
Daniel E. Evarts, Sybil E. Coley & Leila E. Schellenberg
Bent Tree Rd. #5-8273 & State Road 19
Deeds/Roads-County & State
Acceptance of the following Deeds:
Statutory Warranty Deed:
Robert Lee Martin and Janice K. Martin
Lake Burns, Cemetery and Skyline
Quit Claim Deed:
Bert Thomas Baker and Shaunna Marie Baker
Bert's Road
Deeds/Roads-County & State
Approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed: 2579
Applicant: Leonard C. Kelch and Pauline S. Kelch
Location: Mt. Plymouth, Sect. "A", Lots 26 and 27,
Block 66
Recommend: Reserve 25 feet from centerline of Troon
Ave. #4-4189
Deeds/Roads-County & State
Approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed: 2776
Applicant: Elaine F. Lebeau and Therese Saulnier
Location: Mt. Plymouth, Sec. "A", Lots 10 and 11,
Block 33
Recommend: Reserve 25 feet from centerline of Westchester
Ave. #4-4188, formerly known as West Chevy Ave.
Public Services
Approval to establish accounts for direct payment of recurring telephone, electric, and other miscellaneous utility charges billed to Public Services.
Municipalities/Clay Pits/Roads-County & State
Approval for City of Tavares to haul clay from the County Clay Pit on S.R. 19 to the High School ball field.
Road Vacations/Municipalities
Approval to postpone the advertising of Vacation Petition No. 765 until City of Clermont completes research regarding potential growth management and utility service objectives of Clermont.
Contracts, Leases & Agreements/Public Services
Approval and execution of annual Preventive Maintenance Agreements with Ringhaver Equipment for Fiscal Year 1994-95.
Contracts, Leases & Agreements/Municipalities
Approval and execution of Interlocal Agreement between Lake County and the City of Mascotte relating to the Maintenance of Roads. Approval subject to County Attorney's review and approval.
Contracts, Leases & Agreements/Municipalities/Public Services
Approval and execution of Interlocal Agreement between Lake County and the City of Umatilla Relating to the Maintenance of Roads. Approval subject to County Attorney's review and approval.
Mosquito-Aquatic Plant Management
Approval to establish an account for payment of known recurring Mosquito/Aquatic Plant Management bills annually.
Accounts Allowed/Purchasing
Request 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:
A) Authorization to Seek Bids, Proposals and Professional Services.
DIVISION AMOUNT
1) SOLID WASTE $1,400,000.00
(Estimated)
Authorization to seek bids and award to the low, most responsive bid for the purchase of an estimated 1,139,800 square feet of 40 mil Texture Polyethylene Geomembrane and 3,344,900 square feet of 40 mil Smooth Polyethylene Geomembrane to be used for the Closure of the Astatula I Landfill and Lady lake Landfill. These liner materials are being purchased in advance by the County in order to obtain quantity discounts and sales tax recovery savings.
2) PURCHASING THE ANNUAL COUNTYWIDE USAGE FOR EACH COMMODITY
OR SERVICE LISTED UNDER
THE BID LIMIT ON THE
ATTACHMENT IS ESTIMATED
TO BE OVER $25,000.00.
Authorization for the Office of Purchasing to advertise throughout this fiscal year for Lake County's annual bids, proposals and negotiated competitive agreement as specified on the attached list of commodities and services. It is also requested that the Board grant approval for the Office of Purchasing to award the annual bids and proposals, if the award recommendation is to the low, most responsive bidder and issue blanket purchase orders within budgeted funds. Annual bids, quotes, proposals and negotiated competitive agreements establish a firm source, period and quantity discounted prices for high volume materials and services, significantly reducing the number of repetitive expensive daily purchasing transactions through the utilization of blanket purchase orders.
C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
1) FIRE AND EMERGENCY SERVICES $38,100.00
(Revenue)
Larry Ballings/Authorization to award Bid #S-5-4-02, Sale of the Sorrento Fire Station and authorize the Chairman to sign the Deed pending County Attorney's approval. Larry Ballings submitted the highest sealed bid price of $38,100.00. The amount due within 30 days after Notification of Award is $34,290.00 ($38,100.00 minus $3,810.00 [10% deposit].) The Board approved to advertise for sealed bids to sell the Sorrento Fire Station with a minimum acceptable bid at the appraised value of $29,000.00 on June 7, 1994.
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) SOLID WASTE $40,000.00
(Estimated)
Authorize to waive bid requirements and approve the award of Quote #Q-2-4-56, Mobil Household Hazardous Waste Collection Vehicle to the low most responsive quote. (An award letter recommendation will be forthcoming after the quote opening on August 30, 1994.) On August 16, 1994, the Board approved the rejection of the one and only Bid for one new cab and chassis with a twenty foot aluminum van body and authorized Purchasing to receive quotes for a used vehicle under revised specifications. Per the memo from David Crowe, he was unable to locate a used vehicle that met Solid Waste's requirements. But, David was able to locate dealers who had new cab and chassis on their lot and could meet the revised specifications. Due to the time sensitivity and the fact that this has already been bid, it is requested that we waive bid requirements and accept the low, most responsive quote.
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DIVISION AMOUNT
1) PUBLIC DEFENDER $115,000.00
(Estimated)
R. Thomas Carle, Mary Ann Plecas, Ezra Witsman, James Hope, Miller & Grace, P.A./Authorization to extend Proposal #P-5-4-02 for one (1) additional year and amend the contracts for Legal Services for the Public Defender Conflict of Interest Cases Fifth Judicial Circuit to those attorneys listed above. The Board approved the original award and contracts on October 19, 1993.
Accounts Allowed/Contracts, Leases & Agreements/Office of Tourism
Approval and execution of Agreement between Lake County and Trip South for advertising in Travel Reference Information Planner and to encumber and expend funds in Fiscal Year 1994-1995 in the amount of $2,876.00.
PLANNING AND DEVELOPMENT/COUNTY POLICIES
Mr. Paul Bergmann, Senior Director, Planning and Development, appeared before the Board to discuss the proposed Procedural guideline for Wetland Setbacks in areas outside the Green Swamp Area of Critical State Concern and the Wekiva River Protection Area. He stated that this was the first area which staff has tried to identify conflicts in the Land Development Regulations (LDRs) and the Comprehensive Plan. Mr. Bergmann stated that staff was before the Board to ask for guidance and direction on an interpretation.
Mr. Jim Barker, Director of Environmental Management, addressed the Board to discuss the minimum setback of 50 feet from the ordinary high water line or as far landward as possible based on the depth of the lot for all development, except for water-dependent development such as docks. He stated that the LDRs track the original Comprehensive Plan which proposes that there be 35 feet. Because the LDRs do not have a variance procedure, staff proposed that the 35 feet would be applicable to new developments, and existing developments would not fall into the criteria. At this time, Mr. Barker explained there were problems with people having paid off their lots, after 25 years, and finding that they could not get building permits, because they could not meet the setbacks in the LDRs. He stated that staff went back and did another analysis on two areas in Astor Park, and put together an interpretive package that would allow people a procedure to pull a building permit on their lots. Mr. Barker stated that the Board had before it a procedural methodology to allow people to pull a building permit and use 50 feet, or as far landward as possible, or they would go to the Environmental Protection Board, if they could not meet the 35 foot setback. It was noted that the LDRs indicate 35 feet, and the Comprehensive Plan indicates 50 feet or as far landward.
Discussion occurred regarding existing and new development, with it being clarified that any new platted lot, or any newly created lot, would have to meet the minimum requirement as listed in the Comprehensive Plan. The existing lots have to be 50 feet or as far landward as possible, but only if they can meet that requirement. If they cannot meet this requirement, they have to go to the Environmental Protection Board for a variance of the 35 feet.
Commr. Swartz explained that the LDRs indicate 35 feet, which would be inconsistent with the Comprehensive Plan. He stated that, until this was made consistent, you would have to follow the Comprehensive Plan. He stated that the 35 was an irrelevant number.
Commr. Gerber referred to Page 2 of the Procedural Guideline Memorandum, General: 2., and stated that the wording "whereas the LDRs establish 35 feet for new development only" would make it more confusing to the people.
Mr. Barker explained that staff was only wanting to use 50 feet or as far landward as possible, as indicated in the Comprehensive Plan.
Commr. Swartz explained that, if the LDRs are inconsistent with the Comprehensive Plan, the staff would follow the Comprehensive Plan which indicates 50 feet or as far landward as possible. If it was new development, it would be 50 feet; if it was existing development, it would be 50 feet or as far landward as possible.
Mr. Barker stated that staff wanted to put something into a formal procedure that would allow staff to establish setbacks without having to go back and have the people go through a variance process with the Environmental Protection Board. He explained that staff was requesting formal authorization to disregard the 35 feet. Mr. Barker stated that, if the Board accepted the proposed guidelines, staff would take out the "whereas the LDRs establish 35 feet for new development only", and make it as clear as possible.
Commr. Swartz discussed the language on Page 2, Section 2, which said "or as landward as possible based on the depth of the lot without violating any other setback", and stated that it would be far more preferable to see people in violation, or needing a variance, or being granted a variance, to that setback than to move closer to the Mean High Water (MHW) line.
Mr. Barker stated that the difficulty involves having "as far landward as possible" in the Comprehensive Plan, or "Mean High Water", and not having any wording for the front setbacks, road setbacks, or side setbacks.
Commr. Swartz suggested that, as staff looks at allowing the encroachment into the front setback, it would be far preferable to having less setback on the water side. He stated that he would rather see the development encroach into the front setback and would support reducing front setbacks.
Mr. Barker addressed the utilization of the water line versus the main hot water line and stated that when someone applies for a building permit, he pays for a survey, which shows the existing water line. He stated that staff was proposing to use that water line rather than making the individual go back out and do a jurisdictional MHW line.
Commr. Swartz stated that the water line could be exageratingly low, given drought conditions and water level. That would also be in violation of the Comprehensive Plan, which indicates Mean High Water (MHW) line and jurisdictional line.
Mr. Barker explained that an individual would literally have to have someone go out and establish the jurisdictional line, and to do that, it would require an individual to hire a consulting firm, which could be a substantial amount of money for an individual property owner.
Commr. Swartz suggested having staff go out, for a reasonable fee, and make the jurisdictional line determination as part of the permitting process rather than requiring an individual to hire a consultant, as being suggested.
Mr. Barker stated that it would take a full time person to perform the jurisdictional line determination even with a fee. He stated that there would also be a risk in performing such a task, because staff would be acting as consultants for individuals.
After further discussion, it was noted that the Comprehensive Plan does not indicate that the County will send someone out to determine the MHW and jurisdictional line, or who will perform such a task.
Commr. Swartz stated that this task would only be performed on existing lots, and there should be no questions on the new developments. He stated that, to change the LDRs, you would change them to conform with the 50 feet. The County needs to find a procedure, to be offered to the individual who has existing development, which would give them the ability to have the County come out and provide them with a jurisdictional line on which they could use their 50 foot setback, or land where it was possible, and to give them the opportunity to use a consultant, or someone else, or other data, to establish the jurisdictional line. He stated that the procedures indicate that the County is going to use the existing water line instead of the ordinary high water line.
Mr. Barker stated that he would further investigate using the Geographic Information System (GIS), and see if he could find something else that would give staff a way to comply with the Comprehensive Plan and still have people pull a building permit within a reasonable time without going to a tremendous expense.
After further discussion, Mr. Barker explained that it was his understanding that the Board wanted it very clear that there would be a minimum setback of 50 feet or as far landward as possible based on existing development. Secondly, staff would go back and see if there was a methodology that could be placed in #3 of the guidelines that says "here is what you will use to establish as close as possible to Mean High Water (MHW) line." Mr. Barker requested that the Board not direct staff to perform any specifications that creates a liability to the County.
Commr. Swartz suggested that, if the Board concurs, staff could begin drafting an amendment to the LDR that says, in cases where there was a setback problem from a wetland, or a MHW line, the County could provide for a reduced setback on the other side and not require a variance.
Commr. Cadwell suggested that each Commissioner meet with staff individually to discuss their concerns on this issue before staff comes back to the Board.
Mr. Barker stated that he would re-work #3 of the proposed guidelines, based on the best available data; clarification would be made to the 50 foot setback; and, in the future, he would establish some flexibility in front setbacks and side setbacks. He explained that he would bring back a draft to each Commissioner individually to discuss.
ACCOUNTS ALLOWED/BONDS/OTHER COUNTIES/RESOLUTIONS
Ms. Lisa Fisher, Executive Director, Orange County Housing Finance Authority, appeared before the Board regarding the TEFRA Hearing that was held on August 11, 1994, to hear any public comment on the proposed issuance of not-to-exceed $50,000,000.00 in Single Family Mortgage Revenue Bonds. It was noted that this request was approved earlier in the meeting. Ms. Fisher informed the Board that there were no public comments received at the hearing in either written or oral form. She stated that Lake County has not been incorporated into the Orlando FNMA, which has caused the income limits and sales price maximums to be greater in the Lake County area.
RECESS & REASSEMBLY
At 10:30 a.m., the Chairman announced that the Board would recess for ten minutes.
CITIZEN QUESTION AND COMMENT PERIOD
Commr. Hanson called for public questions, comments and concerns. There being no public comment, the Board continued with the scheduled agenda.
RESOLUTIONS/COMMUNITY SERVICES
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried, the Board approved the request for the execution of the 1994-95 County Public Health Unit Fee Resolution (No. 1994-178) replacing and updating Resolution 1993-133, as presented by Mr. Pete Wahl, County Manager.
The motion was carried by a 4-0 vote. Commr. Cadwell was not present for the discussion or vote.
ACCOUNTS ALLOWED/STATE AGENCIES/COMMUNITY SERVICES
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved the request for additional funding of $8,500.00 from the State HRS Agency for renovation of three of the CPHU clinic sites, as presented by Mr. Pete Wahl, County Manager. Approximate total cost of the project is $55,497.00.
The motion was carried by a 4-0 vote. Commr. Cadwell was not present for the discussion or vote.
ACCOUNTS ALLOWED/COUNTY BUILDINGS AND GROUNDS/LIBRARIES
Mr. Doug Conway, Coordinator, Facilities & Capital Improvements, addressed the Board and explained the request being made for the removal of the plaster ceiling in the core area of the Round Administration Building.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the execution of Change Order No. 2 for the removal of the plaster ceiling in the core area of the Round Administration Building and in the third floor Law Library, at an additional cost of $16,125.30.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Mr. Mike Anderson, Director, Facilities & Capital Improvements, addressed the Board and explained that the request for the construction of the file storage rooms to the Leesburg, Umatilla and Tavares Health Clinics was slightly higher than what the Board had approved at the January 4, 1994 meeting when a budget was established in the amount of $35,000.00 to be contributed by the Board, and $15,000.00 to be contributed by the Health and Rehabilitative Services (HRS). Mr. Anderson noted that the bid before the Board from Gibson Construction was the lowest bid, and that HRS had elected to pay the bill for the difference, in the amount of $8,521.00.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request to proceed with the award of the contract to Gibson Construction, the lowest bidder, for the construction of the file storage rooms to the Leesburg, Umatilla and Tavares Health Clinics at an estimated cost of $55,497.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COUNTY BUILDINGS AND GROUNDS
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the request for Metric Construction Request for Change Order to contract for the demolition and building permits for the Administration Building, Sheriff's Building and Central Energy Plant, at a total cost of $42,954.00, as recommended by Mr. Mike Anderson, Director, Facilities & Capital Improvements.
CONTRACTS, LEASES & AGREEMENTS/E9-1-1
Mr. Pete Wahl, County Manager, and Mr. Bruce Thorburn, Director, Information Services, addressed the Board and answered questions regarding the Mutual Release and Settlement Agreement between GTE Communications Corporation and Lake County.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to execute the Mutual Release and Settlement Agreement between GTE Communications Corporation ("GTECC") and Lake County for certain hardware and software for Lake County E9-1-1.
BIDS/PUBLIC SERVICES
Mr. Pete Wahl, County Manager, requested that Tab 53, the request to prepare a design/build criteria package, and to solicit bids for an Intermediate Storage and Transfer Facility, be tabled for 30 days. He stated that communication had been received from two solid waste haulers who wished to have additional discussion prior to the County implementing this program.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to table the request, as stated above by Mr. Wahl, for 30 days.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. David Crow, Coordinator, Hazardous Waste Management, addressed the Board and stated that the amendment to the contract with Post, Buckley, Schuh & Jernigan (PBS&J) was due to additional work performed during Phase II of the Astatula liner installation project. Mr. Crow noted that the additional fees would be paid by the contractor, Hewitt Construction.
Commr. Swartz addressed Tab 56 regarding the request to execute the final close-out documents for the Liner System Installation Contract with the Astatula Phase IIB Landfill and questioned whether the County kept some of the retainage.
Mr. Gary Debo, Construction Contracts Manager, Solid Waste Management Division, addressed the Board and stated that the final documents are in the process of being finalized with Hewitt Construction, in order to get lien waivers and surety. Mr. Debo stated that the contract amount would be reduced by $92,098.33. He explained that Tab 54 refers to a "not to exceed" cost in the amount of $401,50.00 for construction and engineering services related to the Astatula Phase IIB Liner Installation project. He explained that, in the course of doing the liner installation, there were several items that caused significant overrun. At this time, he presented an explanation of the procedures that had been taken to get the materials up to specification.
Mr. Omar Smith, Senior Project Manager, Post, Buckley, Schuh and Jernigan (PBS&J), appeared before the Board and reiterated the comments made by Mr. Debo and stated that those sections that were found not to meet specifications were re-checked by a specialist brought in by the County, who has now given assurance that the material does meet specifications. Mr. Smith noted that, since the requirements of the specifications have been met, the procedure would be covered by the contractor's standard warranty. At this time, Mr. Smith answered questions of the Board and explained how the pipe was replaced in some sections of the line with another acceptable pipe material. He further explained the process used for the re-coating, which was tested, and stated that PBS&J was confident that the system was as good, or better than what had been expected.
Commr. Swartz questioned whether PBS&J's errors and admissions of the individual who made the tests were available in case of failure beyond the contract.
Mr. Smith stated that he was sure that PBSJ's errors and admissions assurance was always up for consideration of any failure of any type. He explained that the specialist was a registered engineer and an expert in this field. Mr. Smith stated that PBS&J would be signing off on the project soon, but there was some outstanding paperwork to be completed on the contract.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to amend the contract amount of Post, Buckley, Schuh & Jernigan's Amendment No. 11, because of additional work performed during Astatula Phase IIB Liner Installation project and authorized to encumber and expend funds, subject to the County Attorney's review and approval.
ACCOUNTS ALLOWED/PUBLIC SERVICES
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved to increase encumbrance $15,000.00 to Bio Gro Systems, Inc. for leachate transportation for the remainder of Fiscal Year 1993-94.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
(Continued)
Discussion continued regarding Tab 56, the close-out documents for the Liner System Installation Contract for the Astatula Phase IIB Landfill.
Commr. Swartz questioned whether all of the contract requirements by the contractor, Hewitt Construction, for the close-out, have been met satisfactorily and are sufficient and satisfactory to the engineer, for the record.
Mr. Smith reiterated that there are some outstanding liens and other paper work to finalize, as Mr. Debo mentioned earlier,.
Commr. Swartz questioned whether the approval of Tab 56 would be subject to the successful fulfillment of those other contractual obligations, and whether the engineer would review those and make sure they are all in compliance.
Mr. Smith responded that PBS&J would follow through with the direction given by the Board.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved for the Chairman to execute the final close-out documents including the final deductive Change Order No. 1 for the Liner System Installation Contract for the Astatula Phase IIB Landfill, subject to the County Attorney's review and approval.
OTHER BUSINESS
COUNTY ATTORNEY/SHERIFF'S DEPARTMENT/COUNTY EMPLOYEES
Mr. Frank Gaylord, County Attorney, referred to the Memorandum from George E. Knupp, Jr., Sheriff, which indicated that the Sheriff and the Judges had resolved their differences regarding the bailiffs. He noted that Number 8 in the Memorandum stated the following: "Upon approval by the Lake County Board of County Commissioners of this agreement, the Sheriff will immediately dismiss the pending lawsuit in case #94-1137 in the Fifth District Court of Appeal. Upon dismissal of that lawsuit, the Administrative Judge of Lake County will immediately rescind Administrative Order no. L94-35."
Sheriff George Knupp, Jr. appeared before the Board and requested that any action taken by the Board on the agreement become effective October 1, 1994.
Commr. Hanson commended Sheriff Knupp and the Judges for working out the agreement presented to the Board.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the agreement made between Sheriff Knupp and the Judges, in regards to the bailiffs.
REPORTS
COUNTY ATTORNEY/ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved to pay costs in the case of the State of Florida v. David K. Barnes, in the amount of $60.00.
ACCOUNTS ALLOWED/COUNTY PROPERTY
FACILITIES & CAPITAL IMPROVEMENTS
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved for the Chairman to execute the final documents for the $8 Million Dollar Line of Credit from First Union National Bank of Florida for Facilities and Capital Improvements Industrial Development Park.
ENVIRONMENTAL MANAGEMENT
Mr. Pete Wahl, County Manager, requested that the workshop scheduled for today, on water and wastewater specifications, be postponed indefinitely. He stated that Mr. Jim Barker, Director of Environmental Management, and his staff have been meeting with the cities and private utility providers, and further discussion was needed between the noted parties.
Commr. Swartz stated that the Board wanted to see the document as it was originally prepared by the consultant, and any changes, additions, or deletions from it.
OTHER COUNTIES/COUNTY MANAGER
Mr. Pete Wahl, County Manager, informed the Board that a request for mutual aid had been received from Leon County, for Lake County to provide a major pump and a person to operate it, to assist them in dealing with Tropical Storm Berl.
Mr. Jim Stivender, Director of Public Services, appeared before the Board and discussed the action that was taken by Public Services, in response to the request from Leon County. He informed the Board that Leon County was paying for the County's assistance.
ROADS-COUNTY & STATE/PUBLIC SERVICES
Mr. Stivender updated the Board on the action taken by the Public Services Department regarding the problem with the bridge on County Road 561A north of Clermont.
TIMES CERTAIN
PUBLIC SERVICES/ROADS-COUNTY & STATE
Mr. Jim Stivender, Director of Public Services, appeared before the Board to review the 1995/1999 Five Year County Road Program. He stated that representatives from at least three cities were present today. Mr. Stivender presented an explanation of the information provided to the Board. He explained the designated notations, which made reference to projects that qualified for impact fees, and those that showed a cost share with the impact fee district. Mr. Stivender stated that staff would be discussing next year's program with the cities to try and include more of these projects in the impact fee program. He directed the Board's attention to Pages 1-5, which indicated the County Transportation Trust Fund Road Program for each district, along with information regarding paved projects by contract, and double surface treated projects by County forces. Mr. Stivender stated that this was a schedule of priorities, however, if a project comes up and needs the County's attention, the projects could be moved around based on need. He addressed the last pages of information which dealt with the Road Impact Fee Program. He stated that, in District 2, the City of Tavares requested the County to swap two projects, with #11 West Main Street being #2, and #2 becoming #11. Mr. Stivender stated that the projects authorized by the Board in June are included in the impact fee program. He further stated that the cities have been well represented when explaining their projects. He pointed out that, in Benefit District 3, the number one priority, Lake Griffin Road, the County was working out an agreement with Harbor Hills on their PUD requirements, and they would be funding a portion of this project. He stated that the estimated cost of $300,000.00 for the project would be complimented by another $200,000.00 from the development.
Ms. Kathy McDonald, Special Projects Coordinator, was present to answer questions of the Board
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the 1995/1999 Five Year County Road Program.
MEETINGS/COUNTY MANAGER
Mr. Pete Wahl, County Manager, directed the Board's attention to the Page 19 of the agenda, future public hearings and stated that staff has identified a public location, the Agricultural Center, for the public hearing on the Church of God, which will begin at 6:30 p.m., on September 27, 1994.
COUNTY MANAGER'S CONSENT AGENDA
ADDENDUM NO. 1
COMMUNITY SERVICES/MUNICIPALITIES
CONTRACTS, LEASES & AGREEMENTS
Mr. Pete Wahl, County Manager, presented the request to waive bid requirements and obtain price quotes to lease a 1680 square foot modular unit for the Clermont CPHU clinic for a 24 month period.
Commr. Swartz questioned whether the State funds are limited to rent of some kind, or whether these funds could be used, even if they have to be supplemented with other funds, to do a more permanent expansion.
Mr. Wahl noted that the State funds shall be used to fulfill the lease agreement, and these funds must be committed no later than September 30, 1994, or the funds shall be forfeited. Mr. Wahl stated that he has discussed this issue with Dr. John Pollosie, Director, County Public Health Unit, and he was working in conjunction with South Lake Hospital on a long term commitment. Mr. Wahl explained that he did not feel a permanent solution could be established within the next six months, and if the proposed action was not taken, the County would lose the State funds.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to waive bid requirements and obtain price quotes to lease a 1680 square foot modular unit for the Clermont CPHU clinic for a 24 month period, and permission to award the project to the low, most responsive vendor and to initiate a lease agreement, subject to the County Attorney's review and approval.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Mike Anderson, Director of Facilities and Capital Improvements, addressed the Board to discuss the request for approval of the Design/Build proposal for utilities for Lake County's Central Park, Phase One. Mr. Anderson stated that staff did their own estimate, and the budget was established in the amount of $650,000.00. He stated that the difference between the proposed amount and the estimated amount involved staff not including the booster pump on the water system, which was approximately $250,000.00 over and above the estimates. Mr. Anderson stated that staff was recommending Alternate #1, in the amount of $111,238.00, for the contract to tie into Southern States Utilities, as opposed to Southern States bringing the lines to the County. He further stated that staff was recommending Alternate #2, in the amount of $35,200.00, which was an auxiliary power backup for the booster pumps. The total amount would be $1,054,813.00. Mr. Anderson requested that the Board approve this amount, as well as approve to encumber and expend the funds.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the Design/Build proposal for utilities for Lake County's Central Park, Phase One, with the recommended Design/Build team, Farner, Barley & Assoc., Inc. (engineering) and Belleview Underground, Inc. (Contractor), for the estimated amount of $1,054,813.00, and to encumber and expend funds.
REPORTS
COUNTY ATTORNEY
MUNICIPALITIES/LANDFILLS/SOLID WASTE MANAGEMENT
Mr. Frank Gaylord, County Attorney, informed the Board that staff had received a proposal to settle the case with Phoenix Construction Services regarding the necessary repair for the Closure Cap at the Umatilla Sanitary Landfill. Mr. Gaylord stated that Phoenix was not willing to pay for two issues, as follows:
1) the cost related to a new bond that would be posted for the completion; 2) or the cost to pay the Engineer of Record for the on-site inspection. He stated that this issue would be related to Tab 44 regarding the request to increase Post, Buckley, Schuh & Jernigan's scope of work to provide bid documents and bidding assistance for competitive bids on the repair of the Closure Cap. Mr. Gaylord stated that the Board needed to decide whether it wanted to require Phoenix to post a bond to pay for the costs of the on-site inspection, or alternatively reject that offer and put bids out to proceed with the work.
Mr. Pete Wahl, County Manager, informed the Board that Phoenix was willing to come up with a bond essentially for materials only, in the amount of approximately $150,000.00, which had been an offer made earlier by the company.
Mr. Gaylord stated that there was one more additional issue, and that was against the existing bonding companies, because they have been included in the lawsuit. At this time, Mr. Gaylord explained the theory of having them included in the lawsuit, and explained that the companies have been put on notice.
Discussion occurred regarding the replacement of the Engineer of Record and the problem that exists with the Department of Environmental Protection (DEP).
Mr. Gary Debo, Construction Contracts Manager, Solid Waste Management Division, appeared before the Board and stated that the State requires that the design of the closure of the landfill, or the construction of a new landfill, had to be accomplished by the Engineer of Record, and the construction of the closure, or the building of a new cell, had to be monitored by the Engineer of Record, and at the completion of the project, it had to be certified by the Engineer of Record. Mr. Debo noted that the property in question had been certified by the Engineer of Record as being complete, with the information that the contractor provided, and the information that was obtained in the field during construction. Mr. Debo explained that, with going to a design/build with an Engineer of Record, the certification that the State had before them now would be deemed null and void. Mr. Debo stated that right now the State has deemed remediation work to be the repair of 12 out of 22 acres for the landfill.
Mr. Wahl explained that it was the presumption that the original Engineer of Record can certify the other ten acres; if you go to a new Engineer of Record, then he would have to go back through and re-certify the total 22 acres under the new regulations.
Commr. Swartz questioned whether it was the staff's recommendation that the response from Phoenix was insufficient and unacceptable and that the County should take action in court against Phoenix and their bonding company to recover all costs that the County has incurred to this point in discovering and trying to determine the remediation and ultimately the full closure.
Mr. Debo informed the Board that the existing construction permit for the landfill expires September 15, 1994.
Mr. Tim Hoban, Senior Assistant County Attorney, explained to the Board that the disadvantage of not getting the bond was that, if they got half way through the job and they left, the County would have a real legal dispute whether their old bond would be valid or not. If they gave the County a brand new bond, there would be no dispute.
Mr. Debo explained that, because the State was looking at this issue as a remediation to the original closure, it would allow the remediation work to be carried on beyond the expiration of the original permit.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to instruct staff to take the necessary legal action, with regard to Phoenix Construction Services, Inc., their bonding company, and any other appropriate entities, for their failure to perform on the Umatilla Landfill.
Mr. Gaylord requested a deferral of the motion for a period of 48 hours, in order to notify Phoenix of the approved action by the Board.
Commr. Swartz stated that this would include whatever time was needed to notify to take the action.
Commr. Swartz suggested that the Board move forward and authorize staff to go forward on one tact or another, which may require further consultation with DEP, and with Mr. Mike Anderson being involved, to determine if it would be feasible to go forward under a design/build bid package. If this would not be practical, because of the concerns expressed with regard to DEP, then staff would go forward with the necessary RFPs and/or take one course or another, and give staff direction to bring back to the Board those two options for the Board to finalize.
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to authorize staff to prepare either the necessary RFPs to prepare for bid documents for the closure of the Umatilla Landfill and/or prepare a recommendation on a design/build closure process and come back to the Board, as soon as possible, with those alternatives.
Under discussion, it was clarified that the motion did not indicate a preference.
The Chairman called for a vote on the motion, which was carried unanimously.
COMMITTEES
Ms. Susan Strum, Planner III, Planning Services Division, appeared the Board and stated that she had the opportunity to attend the second annual Florida Transportation Disadvantaged Conference. She explained that she had the opportunity to evaluate the County's program based on information that was supplied about other Transportation Disadvantaged programs around Florida. She credited the success of the County's program on the support from the Board. At this time, Ms. Strum presented each Board member with items she received from the conference.
RECESS & REASSEMBLY
At 12:03 p.m., the Chairman announced that the Board would recess until 2 p.m. for the workshop on cable television ordinances and franchises.
TIMES CERTAIN
It was noted that, at 1:15 p.m., the Board members took a tour of the third floor renovations being made in the Administration Building. Mr. Mike Anderson, Director, Facilities and Capital Improvements, directed the tour.
WORKSHOP
COMMUNICATIONS/ORDINANCES
At 2 p.m., Mr. Bruce Thorburn, Director, Information Services, appeared before the Board to discuss Cable Television Ordinances and Franchises. Mr. Thorburn discussed the 1992 Federal Legislation, which indicates cablevision television consumer protection, after 1992, has the Federal Communications Commission (FCC) mandating certain rules and standards for rate regulation of cable television. He stated that, at the basic level rate, local authorities are requested to be certified for basic regulations. Mr. Thorburn stated that staff saw some severe complexities, because of the number of cable companies, seven in Lake County, and the number of individual contracts and franchise agreements that were countywide in the cities, which would make the rate regulation process very cost ineffective. Mr. Thorburn explained that, after a year and a half of discussing the issue of how to simplify the process, staff considered the possibility of adopting a countywide ordinance for cable television, or ordinances, as well as a countywide franchise, which would enable a single point of contact for any cable company to operate. He explained that staff looked at a number of ordinances that were already in place in the cities in the County. The City of Leesburg had taken the existing County ordinance and modified it. Mr. Thorburn stated that it was determined that this would be the best document for the foundation of the countywide ordinance. As a result, Mr. Thorburn stated that he gave to Lake County Cablevision the proposed cable television ordinance and an agreeable franchise. At this time, Mr. Thorburn presented the Board with a response from Lake County Cablevision's attorney, as to the proposed ordinance. He stated that it was staff's opinion that the majority of the issues brought up for discussion have been resolved, as a result of the County's certification process, Ordinance 1993-18. Mr. Thorburn addressed an issue of concern, which was the 15 year renewal, which he feels should not be decided by ordinance, but by a franchise agreement between all parties. Mr. Thorburn stated that another issue of concern would be trying to keep a level field of playing with the telephone companies, should they decide to get into cable television. Mr. Thorburn stated that it was his opinion, technology wise, that it would be far cheaper for a cable company to become a telephone service than it would be for a telephone service to become a cable company.
Commr. Gerber referred to Page 4 of the letter from Mr. James F. Ireland, Attorney for Lake County Cablevision, which stated their objection to Section 20 on Page 19 of the proposed cable ordinance. She stated that the County really does not have public access programming in Lake County, but it has public access programming after midnight at Lake Sumter Community College.
Mr. Thorburn explained that, in the County's existing ordinance, there are requirements for a government channel and a public access channel, and whether or not it is utilized was another issue. Mr. Thorburn explained that the franchise agreement can override the ordinance.
Mr. Frank Gaylord, County Attorney, explained that Section 20 indicates that it is a reserved right to the governmental agency and can be negotiated.
Commr. Gerber discussed her attempts to utilize the governmental access, and explained that she was confronted with problems whenever she made attempts to try and have the County Commission meetings televised.
Mr. Thorburn discussed the analytical report he made in 1992 regarding the realistic viable costs, which determined that a start-up cost would be approximately 1/2 million dollars for the governmental access. He stated that staff recommends keeping the ordinance in place, and that any State or Federal law that overrides it will override it, and the County cannot enforce it.
Commr. Hanson called for public comment on the issue before the Board.
Mr. Rich Gunter, Director of Government Relations for the Florida Region of Cablevision Industries (CVI), addressed the Board and stated that the company that he represents holds a franchise with Lake County, which is in effect until March 13, 1999. He questioned whether the company will come under the ordinance right away, or would it be the opinion of the County that the company would continue to live under the same documents in place until March 13, 1999. Mr. Gunter stated that CVI understands that County staff would be talking with other communities in Lake County, which have franchises with the company, and through the process being contemplated, the company would only be making its agreement with the County, for all of the other communities.
Mr. Gaylord explained that the County was trying to establish a standard form for all municipalities, and that CVI would continue to travel under the original franchise agreement.
Mr. Gunter stated that CVI looked forward to working with the County, and that he liked the idea of having a standard document, when it gets put together, but right now CVI wanted to continue to operate the five franchises that currently exist with the County.
Mr. Thorburn stated that, in response to CVI, this initial franchise negotiation, if it comes to pass, would be with Lake County Cablevision. He discussed his meetings with the cities of Clermont, Groveland, and Mascotte who are CVI customers, and the process that would take place when the time came for renewal of their agreements.
It was noted that there were representatives from several of the cities in the audience, but no one wished to comment on the issue before the Board.
Mr. Philip Yapkowitz, General Manager, Lake County Cablevision, appeared before the Board to address the comments presented to the Board by Mr. Ireland, in behalf of Lake County Cablevision. He directed the Board's attention to Page 6 regarding the company's thoughts on what it felt would be more than enough for insurance requirements. Mr. Yapkowitz stated that, in areas where $3,000,000.00 had been indicated (proposed cable ordinance, Page 23, Section 23., Insurance), the company felt this would be exorbitant for the nine municipalities.
Mr. Thorburn addressed the insurance issue and stated that, since this document, the ordinance and franchise would be countywide, so the verbage then responds to the single operational franchise, not each one of the individual entities, because it would encompass all of those entities.
Mr. Gunter stated that his concern was that the County was asking him to provide $3,000,000.00 for each entity and a coverage for each municipality.
Mr. Thorburn explained that, since the original franchise was created in 1981, and until virtually 1995, there have been no incidence in place, so it seems the $3,000,000.00 would be reasonable, because it would be considered on a per incident base, and there has been none in all of these years.
Mr. Thorburn stated that he had gotten a very favorable response for the countywide ordinance from virtually every city in the County. He explained that the new blanket franchise would be a way to have a single reporting and single administering capability.
Discussion occurred regarding the countywide franchise agreement, and it was noted that all complaints would continue to go through Mr. Thorburn's office.
Mr. Thorburn addressed the proposed technology ordinance and stated that there were representatives from telephone companies present in the audience. He discussed the County requesting that cellular companies provide a 50 cent fund for access into the County's system, because of the 1992 Legislation that legated the County's ability to collect funds from pay telephone industry, and he was afraid that the cellular industries would follow suit. He explained that a letter from a cellular industry indicated that they are not a telephone company, i. e., if they are not a telephone industry by rights and measures of the Public Service Commission, then most assuredly the cable companies are not telephone companies. From an operational view point for 9-1-1, if you are not a phone company, or a licensed exchange carrier, you do not even have to provide 9-1-1 services. Secondly, they do not have to collect a fee, which means the County would lose 40 percent of its funding for the 9-1-1 system countywide. Mr. Thorburn questioned, if the cable companies get into 9-1-1 on their own, what kind of negotiations would they have to have with the telephone industry. Mr. Thorburn hoped that the proposed ordinance would allow the County the lead way, at some local level, to regulate all of the industries. He noted that the proposed ordinance was developed from information received from the City of Leesburg and St. Petersburg.
Mr. Gunter addressed the Board and stated that, if it is the intention of the County to prevent anyone from coming into the County offering a competitive telephone service, this document would take care of it. He assured the Board that no one else would come in, under theses circumstances, pay the amounts of money that are demanded and have been written up and given to the City of St. Petersburg by the local company to protect their particular monopoly. Mr. Gunter stated that, if you want to keep CVI out of the telephone business, this document would certainly take care of it. If you want to keep them out of the cable business, he would be happy to help write that document and hope that the Board would adopt it also, but this would keep anyone that was thinking about getting into a competitive telephone situation in the County from every considering doing it. He stated that it was a telephone monopoly protection document, and it would also prevent them from ever having to pay the County franchise fees over and above the franchise fees they are restricted by law to pay for operating a telephone system in Lake County.
Mr. Thorburn addressed the comments made by Mr. Gunter and referred to Page 5 of the proposed ordinance and stated that the $500.00 per linear mile should be negotiated on city versus county basis, which could be handled through the franchise or the operational agreement. He stated that the cable companies would not be considering it, if it was not advantageous to them.
Mr. Gunter stated that where you would find such an ordinance existing would be where the cable companies would be looking at getting into the telephone service. Lake County would be putting itself in a position where the cable companies would not be considering it here, because it would be putting them in a position that they would have to pay far more in fees to the County than they would to any other place, if they were going to buy a 5-10 million dollar switch. Mr. Gunter explained that the numbers in the ordinance are secondary, but the primary consideration would be the restrictions, as defined in the ordinance as non-franchised providers - those companies that do not have a telephone franchise.
Mr. Thorburn explained that he feels cable television is nothing more than another utility just as power, water, and telephone. He requested that the Board request that the Public Service Commission consider a cable television industry, and all of its entrances and byways, as being nothing more than a regulated State level utility company.
Mr. Gunter responded that the difference between the utility that the Commission regulates in cable television is that the cable companies still consider themselves as a luxury item. The reason that the utility commissions were formed in the first place was because of the growth of the natural monopolies and things that became much more important to people's lives. He stated that he feels the County has gone overboard in trying to re-regulate an industry that is essentially a luxury.
Mr. Thorburn explained that this was a workshop on the proposed ordinances, and it was his understanding that staff was to discuss the issues of the technology ordinance with the cable companies and phone companies.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board directed staff to advertise the Cable Communications Ordinance.
REPORTS
COMMISSIONERS
PURCHASING DEPARTMENT
Commr. Gerber informed the Board that she had communicated with Ms. Kelly Soucy, Director of Purchasing, on the issue of local preference laws.
Ms. Soucy addressed the Board to discuss the information she had received from Orange County, Volusia County, and Brevard County regarding the local preference issue. Ms. Soucy stated that, out of 67 counties, only three counties have local preference, and those are Broward, Dade and Osceola. She stated that she found out that there was a reciprocal preference that Orange County put into place. If Lake County chose to put a preference in Lake County, then any Lake County vendors bidding in Orange County would have that percentage go against them at the bidding process. She stated that basically they do not support local preference, but if you put one into place in Lake County, it would hurt the vendors bidding in Orange County. Ms. Soucy stated that she had researched this issue and, out of 30 quotes, 15 County vendors responded, and out of the 15, 11 of those County vendors were awarded the quote, which was over 73% of the bidding quoting competition. She stated that the County needed to look at getting more Lake County vendors in quoting in Lake County. She stated that she was considering recommending that, on an annual basis, or depending on the need, a workshop be held on how to do business with Lake County, so that she could try and get more vendors out there in Lake County in quoting and bidding competitively with the County.
Commr. Cadwell suggested that Ms. Soucy bring back her plans to increase local vendor participation, with some concrete dates for workshops, and try that first, and then re-address the issue of vendor preference.
Commr. Hanson stated that, whether Orange County or any other County puts in a reciprocal or not, it is besides the point, because Lake County would automatically discourage participation from those counties into Lake County.
Commr. Swartz stated that, in addition to the workshops that might be held with local vendors to help them, one of the things in the past that might have kept local vendors from a number of things, was how the County wrote its bid specifications. He stated that, as much of a problem that the County had with the metric business, he still feels that considering this would be a reasonable way to go about encouraging local participation.
It was noted that staff was directed to continue to address the Local Vendor Preference issues by putting together some proposed concrete plans to increase vendor participation and bringing these back to the Board, along with possible dates that will be held for workshops with the vendors.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:15 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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