A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 2, 1982
The Lake County Board of County Commissioners met in regular session on Tuesday, November 2, 1982, in the Board of County Commissioners Meeting Room, Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude E. Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.
The invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Windram.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of October 19, 1982, as corrected.
BONDS - CONTRACTOR
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the following Contractor Bonds, new and cancellations:
New
380-83 Rudolph Henry Gokel (Painting)
940-83 Benjamin Tillman (Plumbing)
1025-83 Seburn Seagraves (Septic Tank Installers)
1303-83 Don's Electric & Lightning Control, Inc. (Electrical)
1606-83 Brightwater Pools, Inc. (Swimming Pools)
1732-83 Donald G. Hodges (Building)
1744-83 Donald G. Wilcox d/b/a Wilcox Construction, Inc. (General)
1905-83 Sidney E. Hester d/b/a James C. Greene Tile Contractor, Inc. (Tile & Ceramic Setting Contractor)
3006-83 Franklin G. Jaggers and T & T Aluminum, Inc. (Aluminum)
3077-83 Kenneth E. Oliver
Cancellations
365-68 John W. Shaw, Sr. (Carpenter)
1451-81 James M. Bowen (Residential)
1506-79 Hubert W. McGinnis (Drywall)
1571-77 Sun State Aluminum (Mobile Home)
1649-78 Charles Walters (Electrical)
1754-79 Modern Plumbing (Plumbing)
1767-79 Al's Masonry & Concrete (Masonry)
1837-79 Doug Scott d/b/a Scott's Painting & Cleaning (Painting & Cleaning)
1859-80 Robin G. Van Sant d/b/a Robin G. Van Sant Drywall (Drywall)
2018-83 Douglas Van Sant (Drywall)
LICENSES & PERMITS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the following gun permits and bonds, new and renewals, and additions to gun permits:
New Renewals
Kathleen Chambers George A. Simpson
William V. Zeller Douglas R. Walker, Sr.
Additions
Lawrence E. Hoag
Clifford E. Vance
Wallace H. Watson
The motion also included revoking the gun permit for Mr. Ken Bradley which was requested by Mr. Bradley as he has moved out of state.
REPORTS/PUBLIC HEALTH
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously the Board acknowledged receipt of the following:
2. First Quarter Report for FY '82-'83 from Lake County Family Health Council, Inc.
3. Distribution of Revenue, Traffic Criminal Cases for the weeks ending October 15, 1982 ($6,547.90) and October 22, 1982 ($9,512.13).
FINANCE
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman to sign two (2) HUD forms authorizing the direct deposit of Section 8 Fund payments to the Flagship Bank of Tavares.
CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman and the Clerk to sign the revised Criminal Conflict Contract.
ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment of warrants #28190 through #28483 for the following accounts:
General Revenue COR - Building
Fine & Forfeiture Nursing Home
Mosquito Control County Transportation Trust
Aquatic Weeds Landfill
Section 8 CETA
INDIGENTS
On a motion by Commr. Windram, seconded by Commr. Deems and and carried unanimously, the Board approved payment for the following Indigent:
Approve
Oakwood Motel for Sherry Morris--$50.00 for November
MENTAL HEALTH/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved payment to Lake/Sumter Community Mental Health Center, Inc. for the fourth quarter release in the amount of $8,332.56; this would be the balance of the $lOO,OOO.OO allocation.
MENTAL HEALTH/ACCOUNTS ALLOWED
Discussion occurred regarding the request for payment to Lake/Sumter Community Mental Health Center, Inc. in the amount of $90.00 for a court ordered evaluation for Jeff Gosnell, Case No. 82-1145-MM as ordered by Judge Milton. The Board directed Mr. Watkins, Clerk, to research and report back to the Board.
SHERIFF/CHECKS RECEIVED
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the annual report from Sheriff Griffin and accepted check #3266 in the amount of $796.39 for the year ended September 30, 1982.
COUNTY PROPERTY
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved for the following items to be deleted from the Fixed Assets:
Prop. # Dept. Item Amount Reason
86 Surplus 6 Dr. Card File $ 30.00 Junked
4190 Surplus 12 Dr. Legal Cab. 36.50 Junked
4909 Surplus Radio Carrier Bag 5.00 Junked
4910 Surplus Radio Carrier Bag 5.00 Junked
5162 Surplus Adding Machine 148.40 Junked
5144 Surplus Double Cabinet 37.50 Junked
Total $262.40
ACCOUNTS ALLOWED/PURCHASING
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of one Kimball 4-tier wooden legal size file cabinet in the amount of $600.00 for the Board of County Commissioners administrative office.
CHECKS RECEIVED/EMERGENCY SERVICES
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board accepted a check from the State of Florida in the amount of $1,200.00 for reimbursement for Radiological Emergency Preparedness activities.
BIDS/PURCHASING
Mr. Watkins, Clerk, read a memorandum from Mr. Don Smalt, Administrative Services Director, to the Board regarding the Office Supply Bid #618-003-83. The memo stated that two bidders were tied for low bid at a 22% discount from catalog and price lists. The two bidders were Hilltop Stationery of Clermont and Office Products of Tavares. It further stated that Mr. Smalt had referred to the Procurement Code for State and Local Governments under Section R3-202.15 in regards to low tie bids. He stated the following procedures could be used to discourage tie bids:
A . Award the contract to a business providing supplies produced or manufactured in this County or to a business that otherwise maintains a place of business in this County.
* Both bidders are located in Lake County.
B. When identical low bids include the cost of delivery, award the contract to the tie bidder further from the point of delivery.
* Both bidders deliver FOB Tavares
C . Award the contract to the identical bidder who received the previous award and continue to award succeeding contracts to the same bidder so long as all low bids are identical.
* Office Products was awarded 1981-82 office supply bid.
Mr. Watkins stated that the Board could use any of the three procedures or award the bid by drawing lots. He further stated the Purchasing Department recommended that the option (c) be used and award the office supply bid to Office Products of Tavares, the previous year's supplier, as stated in Code Section R3- 202.15.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to select the low bidder by drawing lots. It was determined that Hilltop Stationery would be heads and Office Products would be tails. Commr. Carson flipped the coin.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board awarded the Office Supply Bid #618-003-83 to Office Products, low bidder, as selected by drawing lots.
COMMISSIONERS
Commr. Carson informed the Board he had received a letter from the State Association of County Commissioners requesting pictures from the Commissioners to place in their yearly publication. He stated if any of the Board members were interested, to give the picture to the Board Secretaries so that they could mail them to the State Association of County Commissioners.
CHECKS RECEIVED/PUBLIC WORKS
Mr. Randolph Jones, Astor Forest Campsites Road Committee, presented the Board with a check in the amount of $34,000.00, a voluntary contribution for road improvements on Astor Forest Campsite Loop Road.
The Board expressed their appreciation to the residents of Astor Forest Campsites for the first voluntary contribution received by Lake County regarding road improvements.
PURCHASING/COMMUNICATIONS
Mr. Cal Hegstrom addressed the Board regarding quotes given to the Purchasing Department on copiers. The Board informed Mr. Hegstrom that the quotes for copiers was not on the agenda for today and referred Mr. Hegstrom to the Purchasing Department.
ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved partial payment to Martin Paving Company on the SR 42 Project in the amount of $38,690.66 (Secondary Fund).
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved final payment to Superior Asphalt Company, Inc. on Project 13-82, Intersection Changes SR 44, C-452, and C-452A, in the amount of $33,361.75 (Secondary Fund).
FUNDS-GENERAL
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved execution of the voucher for transfer of funds from the Department of Transportation in the amount of $72,058.41 for the partial payment to Martin Paving Company and final payment to Superior Asphalt Company.
ECROW/PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Deems and
carried unanimously, the Board approved the release of the Maintenance Escrow Agreement on Orange Blossom Gardens Unit 3, 1B.
ASSESSMENTS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the Special Assessment Resolution and granted permission to bid road work for Pomerosa Subdivision - Saunders Circle.
BONDS - MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Charles Murray - Umatilla Area - District #5 to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding that the mobile home will be removed immediately upon the completion of their conventional dwelling or upon the request of the Board of County Commissioners.
The motion also included approval of the following renewal of a mobile home bond and cancellations of mobile home bonds:
Renewal
Leonard E. and Jewel Williams - Paisley Area - District #5
Cancellations
1. Sam D. Whitman - Completed conventional dwelling and the mobile home removed.
2. Randy Hunsicker - Property owner does not intend to construct a conventional dwelling unit at this time; however, the mobile home is grandfathered in and may remain on site.
ASSESSMENTS
Mr. Mike Willett, Development & Public Works Director, addressed the Board to discuss administrative costs on special assessments. He informed the Board the County has been absorbing approximately $400.00 in administrative costs per assessment. He further stated if the Board wished to recover a portion of these costs, a $10.00 administrative fee could be charged to each property owner. Mr. Willett recommended the County continue to absorb the administrative costs.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of Mr. Willett, Development & Public Works Director, and approved to continue paying the administrative cost for special assessments.
PUBLIC WORKS
Mr. Mike Willett, Development & Public Works Director, in- ormed the Board that Summit Chase Villas has not finished construction and their letter of credit expires November 6, 1982.
Mr. Willett requested approval to close on the irrevocable letter of credit if construction is not completed before the letter expires.
Mr. Davis, representative of Summit Chase Villas, was present and stated that the construction should be completed by Thursday, November 4, 1982. He further stated should the construction not be completed, that he would obtain a new letter of credit.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Public Works Department to exercise the Irrevocable Letter of Credit if the work is not 100% complete or accept a cash bond, or an instrument which would be equivalent to a cash bond, to cover the percentage of work that the Department feels needs to be completed at the close of business on Thursday afternoon, November 4, 1982.
JAIL/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the low quote from Lake Generator Service in Leesburg, in the amount of $2,100.00, to repair the automatic transfer switch on the emergency generator serving the Jail and Old Courthouse. Mr. Ford, County Attorney, informed the Board that the Building Committee was looking into the possibility of purchasing a new transfer switch and if the new one is near the figures received on the repair, the Building Committee would bring a recommendation back to the Board.
NURSING HOME
Mr. Lonnie Strickland, Administrator, Lake Memorial Nursing Home, addressed the Board to discuss the Nursing Home feasibility. Mr. Strickland explained the changes and proposed changes in the rules and regulations governing nursing home operations and reimbursement methods. He stated that in the last legislative session, a new reimbursement plan was enacted which goes into effect April, 1983. He stated the plan disallows government institutions from filing for a return on equity. The reimbursement would be based on operating expenses of the previous year. He stated this would guarantee a loss to the Nursing Home as prices and nursing salaries continue to escalate in the community.
Mr. Strickland further discussed the new rule allowing the construction of more nursing homes in Lake County. He stated Lake County has 716 nursing home beds and has approval for 95 additional beds. He further stated several companies have initiated paper-work to obtain certificates of need to start construction in Lake County.
Mr. Strickland explained the adult congregate living facility concept. Commr. Burhans stated he would like the County Attorney to research the zoning pertaining to nursing homes. Mr. Willett, Development & Public Works Department, stated that adult congregate living facilities are difficult to regulate. Mr. Strickland stated the problem was with the nursing homes and not with the adult congregate living facilities.
Mr. Strickland stated that the present size of Lake Memorial Nursing Home (36 beds) was not economical to continue operating. He stated the County would have to increase the bed capacity at the Nursing Home to 120 beds in order to break even. He stated the cost in Florida for construction of nursing home beds is $18,000 per bed.
Mr. Strickland stated there were only two (2) patients currently in the Nursing Home which would qualify for the adult congregate living facility. He further stated he would probably have some difficulty in placing patients who are alert and mobile in other homes as the patients know what is happening.
Commr. Burhans informed the Board that he and Mr. Strickland had visited a new facility on the west coast last month. He stated the rooms were like motel rooms. He stated it was a well run facility.
It was noted that letters have been received in support for
the adult congregate living facility.
Mr. Strickland stated that there are currently approximately 80 beds out of 500 available in adult congregate living facilities for middle/lower income or Supplemental Security Income (SSI).
Discussion continued regarding the time frame of the transition from the Nursing Home to the adult congregate living facility. Mr. Strickland stated the minimum time frame would be approximately four to five months.
Discussion occurred regarding limiting the facility for Lake County residents. Mr. Ford, County Attorney, stated that the Board might be able to get stricter with the residency requirements, but it might be difficult control with the Supplement Security Income involved. Mr. Strickland stated that the majority of the patients now residing in the Nursing Home are Lake County residents.
Mr. Strickland discussed remodeling the Nursing Home. He stated the Nursing Home Account has approximately $230,000 for remodeling.
Mr. Strickland stated he would like to have time to be able to work with HRS in placing his patients into other nursing homes.
He informed the Board that May, Zima & Company offers a feasibility study. He stated May, Zima required a letter outlining the scope of the study before an estimate of the cost could be given.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to close Lake Memorial Nursing Home, allow Mr. Strickland reasonable time to place patients into other facilities, proceed with converting the Nursing Home into an Adult Congregate Living Facility for the low/moderate income people and authorized the County Attorney to give a legal opinion regarding limiting the facility to Lake County low/moderate income residents.
Mr. Strickland stated he would develop a proposal for the Adult Congregate Living Facility and would report back to the Board with the plans.
Commr. Smoak made a motion to authorize the Chairman to write the Department of Health & Rehabilitative Services of the action taken by the Board and request assistance in moving the patients. Mr. Strickland informed the Board that he was currently receiving assistance from the local HRS Department.
Commr. Smoak withdrew his motion.
The Board directed Mr. Ford, County Attorney, and Mr. Mike Willett, Development & Public Works Director, to research setting up strict zoning regulations for nursing homes.
PURCHASING
Commr. Smoak informed the Board that there was a recommendation from the Purchasing Department to review the current purchasing policies. He stated he would present the revisions at the next Board meeting for the Board's consideration.
SHERIFF/ACCOUNTS ALLOWED
Discussion occurred regarding adopting a policy which would automatically approve those items which fall within the statutory requirements for educational purposes in the Sheriff's budget.
The Board directed Mr. Ford, County Attorney, to research and report back to the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the following payments as requested by Sheriff Griffin pursuant to Lake County Ordinance 1982-l:
1. Payment to Captain Brown, Sheriff's Department, in the amount of $18.00 for per diem reimbursement for the training course "The Executive and Media Relations" held at the Langford Hotel, Winter Park on September 27, 28, and 29, 1982.
2. Payment to Central Florida Community College in the amount of $75.00 for the Correctional Officers Training Course taken by Bobby G. Benson.
3. Payment to the Lake County Sheriff's Department in the amount of $164.80 to reimburse the Sheriff's Department for the Sheriff Association Accounting Training Seminar attended by Karen A. Sablotny.
SHERIFF/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $260.40, payable to AAA Flight Service, for the service of the Cessna, 310 aircraft, case #Cl-92 from the Law Enforcement Trust Fund.
COMMUNICATIONS/PUBLIC HEALTH
The Board acknowledged receipt of the letter from Mr. Earl H. Hadden, President, Lake County Council on Aging, Inc., thanking the Board for obtaining the Community Services Trust Fund Grant for the Lake County Council on Aging, Inc.
COMMUNICATIONS/PUBLIC WORKS
The Board acknowledged receipt of the letter from Mr. Milton J. Weston, Mayor, City of Eustis, expressing their appreciation to the Board regarding the improvements to Kurt Street.
COMMUNICATIONS/FAIRGROUNDS
The Board acknowledged receipt of the letter from Mr. George R. Ikeler, Treasurer, Eustis Little League, expressing their appreciation with the County's effort regarding the recent tractor pull held at the Lake County Fairgrounds.
COMMUNICATIONS
Commr. Carson stated that he had received a letter from the United Postal Service informing the Board that the Postal Service is conducting a study to determine the requirements for a larger postal facility in Sorrento, Florida. No action was taken at this time.
COMMUNICATIONS/COURTS-JUDGES
Discussion occurred regarding the request from Escambia County requesting the County's support and assistance in regards to the case McMillan, et., al. v. Escambia County, Florida, et., al. currently pending in the United States Court of Appeals for the Fifth District against Escambia County. Mr. Ford, County Attorney, informed the Board that 17% of the black population in Escambia County claimed they should have their own district. Be further stated Escambia County was requesting the Board sign an amicus curiae brief (a friend of the court) in support of the County's suggestion of En Banc Consideration. Mr. Ford stated he did not recommend the Board signing an amicus curiae brief until the entire brief was researched by the County Attorney's Office. Be stated it would cost the County $500-$2,000 to get involved with the suit.
The Board directed Mr. Ford, County Attorney, to research the brief and bring it back to the Board next week with a recommendation as to whether the County should join the suit.
RECESS & REASSEMBLY
At 11:30 a.m. the Board recessed for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for Code Violations. Commr. Deems arrived at the meeting at 2:15 p.m.
CODE VIOLATIONS
ZV-82-90 Neal Smith
No one was present to discuss this violation with the Board. Mr. Jerry Sexton, Planning & Zoning Coordinator, explained that this case had been postponed from last month in order for the staff to come up with some recommendations to resolve the case.
Be stated the recommendations made by the County at the last meeting did not satisfy Mr. Smith due to economic considerations.
He further stated the Department recommended Mr. Smith be declared in violation and granted thirty (30) days to comply. Mr. Sexton explained that Mr. Smith could bring the mobile home up to commercial standards. He further stated the Department had researched the possibility of using the mobile home as a caretaker's residence, but the mobile home is undersized and in order to comply, Mr. Smith would have to bring the mobile home up to the 850 square foot requirements for a residential structure.
Commr. Windram made a motion, which was seconded by Commr. Smoak to declare Mr. Smith in violation of Ordinance 1971-6 and grant him thirty (30) days to comply. Commrs. Smoak and Burhans voted "NO", thus making the vote a 2-2 vote. The motion failed.
ZV-82-92 Washington Development Corporation
Mr. William Wilen, receiver appointed by Pinellas County Circuit Court for Washington Development Corporation, was present to discuss the violation with the Board. He stated the property was in Carlton Village and the area in violation was reserved for a park. He pointed out that he had contacted several people who cleaned debris. He stated the only individual who had responded would not clean up the debris as the area was too wet and dangerous. He requested that the County go in and clean up the debris. Mr. Ford, County Attorney, stated that if the Board determined it was a health hazard, that the County could do the job. Mr. Wilen further stated that Washington Development Corporation did not have funding to pay a high cost to have the debris cleared.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this case until December 7, 1982, until 2:00 P.M. or as soon thereafter as possible. The Board also instructed the Public Works Department to submit to Mr. Wilen, receiver for Washington Development Corporation, an estimated cost of removal and disposal of the debris, which is a menace to public health, on property owned by Washington Development Corporation.
ZV-82-99 C. C. Williamson
Mr. Williamson was present to discuss the violation with the Board. He presented the Board with two (2) petitions from property owners in Bassville Park requesting that the mobile home be allowed to stay on the property. Mr. Williamson informed the Board that he was making his own fuel on the property.
Commr. Carson explained to Mr. Williamson that he could apply for a mobile home bond if he intended to build a house on the property. He further stated the mobile home would have to be removed when the house was completed.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Williamson in violation of Ordinance 1971-6 and granted him thirty (30) days to remove the mobile home.
zv-82-100 Richard Swaffar
No one present wished to discuss this violation with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board declared Mr. Swaffar in violation of Ordinance 1970-1, Section 2 and granted him fifteen (15) days to comply, by either putting the vehicles under a covered area or making operable (obtaining tags) or removing from property.
ZV-82-103 Harry Kreeger
NO one present wished to discuss this violation with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board declared Mr. Kreeger in violation of Ordinance 1970-1, Section 2 and granted him thirty (30) days to comply and once he complies if this violation should reoccur, the Code Enforcement Department would be allowed to turn this case directly over to the County Attorney's Office for disposition.
ZV-82-106 Clarence J. Chambliss
Mr. Jeff Ray, III, attorney representing Mr. Chambliss, addressed the Board regarding this violation. Mr. Ray recommended the Board reconsider the portion of the Ordinance 1982-16 pertaining to boats.
Mr. Mike Willett, Development & Public Works Director, recommended the Board postpone this case and other similar violations for 120 days.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board postponed this case and other similar cases for 120 days to enable the Public Works Department to come back with a recommendation regarding the current Ordinance pertaining to boats.
Mr. John Rezeppa also addressed the Board regarding the violation of more than one boat on a piece of property.
ZV-82-107 Grace Parker
No one present wished to discuss this violation with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board declared Mrs. Parker in violation of Ordinance 1977-3 and granted her five (5) days to comply.
ZV-82-109 Joan A. Jones
No one present wished to discuss this violation with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board declared Mrs. Jones in violation of Ordinance 1971-6 and granted her sixty (60) days to complete the addition to her mobile home.
ZV-82-110 John Doguan
No one present wished to discuss this violation with the Board.
Mr. Jerry Sexton, Planning & Zoning Coordinator, informed the Board that Mr. Bert Dawes, property owner and complainant, had telephoned Code Enforcement that the violation had been cleared.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved for the case to be dismissed as the violation had been cleared.
ZV-82-112 Plantation Motel
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board declared Jeff Investments, Inc. (property owners) in violation of Ordinance 1977-3 and granted them five (5) days to comply.
ZV-82-90 Neal Smith
Commr. Carson informed Mr. Ford, County Attorney, that the motion taken earlier declaring Mr. Smith in violation and granting him thirty (30) days to comply had failed by a 2-2 vote.
Commr. Smoak stated that he would bring the violation up for reconsideration if Mr. Smith is still using the structure as a commercial establishment at the next Board meeting. Mr. Ford stated that if someone does not make a motion to reconsider the case, the code violation would have to be re-cited. Mr. Ford stated he would research the rules and report back to the Board.
Mrs. Nancy Horton addressed the Board to discuss the procedures with the Board.
CODE VIOLATIONS
At this time the Chairman announced that interviews would be held with persons who had applied for positions on the Code Enforcement Board. Mr. Jerry Sexton, Planning & Zoning Coordinator, explained to the audience the basic overview of the Code Enforcement Board. He stated there were seven categories to be filled for the Board--One Architect or Engineer, One Businessman, One Environmentalist, One General Contractor or Subcontractor, One Realtor, One Mobile Home Resident, and One Agriculturalist. The following persons were interviewed by the Board:
Frances E. Colburne - Business
Clell Coleman, III - Subcontractor
Herb Spell - Contractor
Howard C. Durden - Engineer
Robert B. Glass - Real Estate Appraiser/Business/Citrus
Michael L. Gordon - Architect
Clarence Holmes - Retired Engineer
Nancy F. Horton - Environmentalist
J. Fred Kurras - Real Estate Appraiser
Jerry McDowell - Business
Leo J . Sardella - Realtor
Richard Swartz - Businessman
Lane Taylor - Realtor
Joseph D. Trace - Retired Construction
George E. Wood - Architect
The following were not able to be present but wished to be considered:
Thomas M. Barford - Mobile Home Resident
Christine K. Laffin - Realtor
Richard W. Waters - Retired Engineer
The Board postponed any further action for the appointment of members to the Code Enforcement Board until after the discussion of the bid for the Lake County Medical Examiner's and Paramedic's Facilities.
HOSPITALS-AMBULANCE DISTRICT/BIDS
Discussion occurred regarding bids received for the Lake County Medical Examiner's and Paramedic's Facilities. Mr. Watkins, Clerk, informed the Board that the Building Committee recommended that the bid be awarded to Tyco Construction Company, low bidder, in the amount of $265,278.00 with deleting alternates 3, 4, 5, 6, 7, 8, and 9. Mr. Watkins explained that Tyco Construction had notified Mr. Nick Jones, Architect, requesting withdrawal of their bid. He further stated Mr. Jones recommended that the bid not be awarded to Tyco Construction Company.
Mr. Ford, County Attorney, informed the Board that he has spoken with Carlton/Fields, attorneys representing Tyco Construc- ion who were requesting release from the bid. He stated the attorneys quoted approximately a $50,000 loss for Tyco should they be awarded the bid. Mr. Ford further stated the Building Committee had another meeting with Mr. Jones regarding the plans and specs to get his reassurances that the plans and specs were in order.
It was noted that there was approximately a $30,000 difference between the two low bidders. Mr. Ford stated the second low bidder had telephoned to state that they would be happy to get the project should Tyco default or would not enter into a contract.
Mr. Ford recommended the Building Committee's recommendation to proceed with the awarding of the bid to Tyco Construction Company and if they default or if the performance bond is pulled, then the Building Committee would have to meet and come back to the Board with another recommendation.
Mr. Nick Jones, Architect, addressed the Board to discuss the awarding of the bid. He recommended the Board award the bid to the second low bidder, Bee-Line Construction Company. He stated the reason he recommended the second low bid was due to past experience in working with bidders who have requested that their bid be withdrawn. He further stated he felt that adequate information had been given to all the bidders.
Mr. Rick Coble, President of Tyco Construction Company, addressed the Board stating the company had made a mistake in computing the bid. He stated Tyco Construction Company is owned by a holding company in Michigan. He stated the price on lumber was a low price: the labor was based on the price of the lumber package. He further stated another mistake was a low masonry price. He stated the low price was due to the failure of the mason reading the specs. He stated had the two items been calculated correctly, then the bid would be approximately $30- 40,000 higher. Mr. Coble stated that his Company made a legitimate mistake and that he would be happy to discuss it further. He further stated that if Tyco Construction Company was awarded the bid, the Board would not have to have Mr. Jones supervise the work every day nor would the Board have to employ a Clerk of the Works to supervise. He stated the Company would not do any shortcuts if they were awarded the bid. Mr. Coble stated he would have to get the advice of his attorney before signing any contracts.
Discussion occurred regarding renegotitating a sealed bid. Mr. Ford, County Attorney, stated if the Board wished to renegotiate the bid, all the bidders would have to be given a second chance.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board awarded the bid for the Lake County Medical Examiner's and Paramedic's Facilities in the amount of $265,278.00 with the deletions of alternates 3, 4, 5, 6, 7, 8, and 9.
Commr . Smoak requested that the Board be kept fully informed of the developments regarding this bid award and be made aware of any action before it is taken. He further stated he had reservations in awarding the bid to Tyco Construction Company as he did not feel anyone should be penalized when making an honest mistake. He further stated he felt it would set a bad policy to allow bidders to withdraw their bids after the bids have been opened and the matter should be resolved in a manner to suit everyone.
The Board further instructed the Building Committee to research who would be available to act in the capacity of Clerk of the Works for the project and report back to the Board with a recommendation.
CODE VIOLATIONS
The Board postponed appointing members to the Code Enforcement Board until next week, November 9, 1982.
CODE VIOLATIONS - zv-82-90 Neal Smith
Mr. Chris Ford, County Attorney, addressed the Board
regarding action taken earlier on the code violation case for Mr. Smith. He stated he felt that no action had been taken by the Board Mr. Smith was not found in violation and there was no motion to find Mr. Smith in violation. He stated any Board member could make a motion that they would want to make.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this violation case until December 7, 1982, until 2:00 p.m. or as soon thereafter as possible.
HOUSING FINANCE AUTHORITY
Mr. Ford, County Attorney, recommended the Board support the Orange County Housing Finance Authority who will be requesting an extension of mortgage origination time as the time runs out December 31, 1982. He stated Orange County is asking that the time be extended to April 30, 1983.
Mr. Ford further stated that Orange County needs some guidance regarding a new procedure which the Housing Authority has voted in pertaining to the provisions in the tax bill which would allow 10% of the uncommitted lendable proceeds of the bond issue to be used to finance residences for buyers who are not first-time home buyers.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board authorized the County Attorney to respond favorably to the Orange County Housing Finance Authority that Lake County supports the extension of time and the 10% allocation to those eligible who are not first-time home buyers as it would be in the best interest for citizens in Lake County.
Commr. Windram abstained from the discussion and voting as he is on the Board of Directors of one of the participating banks.
There being no further business to be brought before the Board, the meeting adjourned at 5:45 p.m.
JAMES R. CARSON, JR., CHAIRMAN
JAMES C. WATKINS, CLERK
mcg/11-4-82