The Lake County Board of County Commissioners met in regular session on Tuesday, August 16, 1988, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: Thomas J. Windram; Claude E. Smoak, Jr.; James R. Carson, Jr.; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Ava Kronz, Assistant to the County Administrator; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.
BONDS - CONTRACTOR
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the following Contractor Bonds:
New
4611-88 Randy Eastwood d/b/a Randall's Mobile Home Service
(Mobile Home Installation)
4631-88 Wayne Stafford
4632-88 Robert Wayne Murray d/b/a Murray Electric Inc.
(Electrician)
4633-88 Gerald P. Williams d/b/a Airtron, Inc. (Mechanical)
4047-89 C. F. Mann (Building)
4634-89 Sheffield & Leard Gen. Cont. (Gen. Cont. Class A)
Cancellations
53-88 Sandy N. Williams (Roofing)
116-88 Robert L. Barth d/b/a Barth's Welding & Const. Co.
990-88 Cone Roofing Lake County, Inc.
1141-88 David C. Driggers
1260-88 William E. Plant (Electrical Contractor)
4382-88 Howard N. Hill d/b/a Hill Roofing Company
Commr. Smoak and Commr. Carson were not present for the vote.
ACCOUNTS ALLOWED/ELECTIONS
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved the request from Emogene Stegall, Supervisor of Elections, for the transfer of funds, in the amount of $34,500.00, for expenses incurred for the May 10, 1988, School Bond Referendum Election, to Account Number 001-519-1-60-1202.
Commr. Smoak and Commr. Carson were not present for the vote.
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved the payment of Warrant #83813 through Warrant #84260, for the following accounts:
County Transportation Trust Landfills
Countywide Library General Revenue
Northwest Fire District Pasco Fire District
Mosquito Control Aquatic Weed
Road Impact Fine & Forfeiture
Countywide Fire District South Lake Fire District
Law Library Mt. Plymouth Fire District
Private Industry Council Bassville Fire District
Resort & Development Fund Tax Law Enforcement Trust Fund
Capital Outlay Paisley Fire District
Emergency 911 Fund Self Insurers Fund
Section 8 Eustis Section 8
Special Assessments Northeast Hospital
Northeast Ambulance Northwest Ambulance
Included in the motion was approval of payment for the following indigents:
SEC0 - Electric for Glorian & John Jones/District #2/$50.00
Roy J. Clapper for Glorian & John Jones/District #2/$50.00
Florida Power Corp. for Teretha L. Harris/District #4/$37.18
Commr. Smoak and Commr. Carson were not present for the vote.
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried, the Board approved and authorized the proper signatures on the following Satisfaction of Judgments:
85-370-CJ & 58-397-CJ, William Anthony Detten, Jr. and Brenda Rosenmund, in the amount of $75.00;
82-191-CJ & 82-464-CJ, Kenneth Carlton Griffin, Wylene Griffin and Robert L. Griffin, in the amount of $150.00;
87-17-CJ, Edward Walter Swistack, Juvenile, and Edward W. Swistack and Deborah Swistack, Parents, in the amount of $150.00;
87-206-CJ, Clifford E. Langton, Juvenile and Clifford Langton, Parent, in the amount of $50.00;
86-1147MMA0160, Mary T. Verardi, in the amount of $100.00; 84-13547TTFP & 84-13548TTFP & 83-24392TT54, Edward Martin, in the amount of $250.00;
88-432-CFB, Gregory Edmond Masters, in the amount of $250.00.
Commr. Carson was not present for the vote.
ACCOUNTS ALLOWED/ASSESSMENTS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:
Mt. Plymouth
Thomas H. Johnson III $ 552.54
Thomas H. Johnson III
Hilltop Subdivision
Rollo V. & Gertrude Latta $ 858.00
Pine Island Shores
David J. & Carol G. Haas $ 531.11
Woodland Hills Subdivision
Kathy E. Rasmussen $ 184.67
Imperial Mobile Terrace
Wilfred A. & Malinda Carter $ 153.90
Hoosier Heights
David & Tammy Delancett, Jr. $ 985.99
Harbor Shores Unit II
Grace Ann Morrison $ 427.52
Birr Park Subdivision
Violette L. Headley $2,412.29
Ravenswood Park Subdivision
Gustus & Harriet Luttrell $ 351.16
Sorrento Shores Subdivision
S & K Realty $2,794.87
Commr. Carson was not present for the vote.
ACCOUNTS ALLOWED/REPORTS
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, ending July 29, 1988, in the amount of $91,362.30.
Included in the motion the Board acknowledged receipt of the 1988 Edition of the District III Health Plan, as prepared and published by the North Central Florida Health Planning Council, Inc.
Commr. Carson was not present for the vote.
COMMISSIONERS
Commr. Smoak requested that the record reflect, that at noon on August 2, 1988, there were no additional agenda items for the afternoon session, with the exception of the Sorrento recreation issue. He requested to be excused from the afternoon session, due to illness. He stated that the agenda had been completed except for the one issue, and that he would like to discuss the action that was taken by the Board later in the afternoon of August 2, 1988, sometime later this day, regarding the NRG project, which was not a scheduled agenda item.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of July 25, 1988, as presented.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Don Findell and Sue Larson to attend the Hazardous Waste Collection/Disposal Workshop, in Tallahassee, on August 23 and 24, 1988, at an approximate cost of $176.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
ENVIRONMENTAL SERVICES/LANDFILLS
Mr. Michael C. Willett, County Administrator, discussed with the Board the request for signatures on the Solid Waste Management Consulting Services Contract, with Post, Buckley, Schuh and Jernigan, Inc., not to exceed the cost of $698,000.00, which would be over a three to five year period of time.
Commr. Carson discussed the overall County assessment, as to the methods of disposing of garbage in Lake County, and stated his concerns with the reports received from Post, Buckley, Schuh and Jernigan, Inc., which are different from the reports being received from the County staff and experts in this field.
Mr. Willett directed the Board's attention to Page C-2, II. Schedule of Compensation of the proposed draft of the contract. He stated that the majority of the money will be used for the selection of the site and the design of the new landfill.
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the contract, and the primary concern, of which is the siting of the new landfill.
Mr. Willett discussed the procedures, which had been used by the staff, for the selection of the solid waste consulting firm, which would develop the solid waste plan for the County. He stated that it is very important that the Board is comfortable with this firm.
Commr. Smoak stated that the Board had decided to do a master study and devise a plan for disposal of solid waste in Lake County.
At this time, he discussed the presentation made yesterday, by the experts involved with the NRG project.
Discussion occurred regarding the turnover of personnel, within the selected firm, and the members of the Board being concerned with the results presented by all experts involved with the disposal of solid waste in Lake County.
PUBLIC HEARINGS; ROAD CLOSINGS
Petition No. 508 - Richard D. Nusbaum - Ferndale Area
Mr. Roger Link appeared before the Board and stated that he wants to keep the road open. At this time, he explained the easement situation in the area.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1988, and August 3, 1988, editions of The Orlando Sentinel, The Lake-Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board denied the request to vacate that portion of Halley Street, Ferndale Subdivision, Ferndale Area, as advertised in Petition No. 508, by Richard D. Nusbaum.
Commr. Bailey was not present for the vote.
Petition No. 515 - Edwin Padgett- Lady Lake Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1988, and August 3, 1988, editions of The Orlando Sentinel The Lake Sentinel.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the request to vacate that portion of an unnamed road, Plat of Dundee, Lady Lake Area, as advertised in Petition No. 515, by Edwin Padgett.
Commr. Bailey was not present for the vote.
Petition No 516 - Frank and Elizabeth Seville
Mt. Plymouth Area
Mr. Seville, representing his parents, appeared before the Board to discuss the request.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1988, and August 3, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the request to vacate that portion of Sleepy Hollow and Baltusrol Streets, Mt. Plymouth "Section A", Mt. Plymouth Area, as advertised in Petition No. 516, by Frank and Elizabeth Seville.
Commr . Bailey was not present for the vote.
Mr. Leonard Phillips appeared before the Board to discuss this request and the location of his property, in relation to the streets being vacated. Mr. Phillips discussed the original platting of the Mt. Plymouth property and the rounded corners on the lots. He felt the approval of the vacation of the named streets would hurt the value of his property.
At this time, the Board agreed to stand on the motion presented for approval of the request.
Petition No 517 - Johnny Treadwell - Eustis Area
Mr. Richard Newman, Attorney, representing George and Jackie Conn, appeared before the Board in opposition to the closing of Second Street. Mr. Newman stated that the Conns have spent a great deal of money improving the street, for better travel. He also discussed the structures built along Second Street and Third Street, and the possibility of those buildings being grandfathered in, and being in violation of the County setback rules.
Ms. Joann Kirby, a resident of the area, appeared before the Board opposing the closing of Second Street and Third Street, and stated that she was concerned with her children's safety, should they have to take a different route to catch the school bus.
Mr. Treadwell appeared before the Board and stated that these roads have never been used, and that they are impassable. He stated that the surrounding property owners have sufficient means of access.
Mrs. Jackie Conn appeared before the Board to discuss the routes traveled by the property owners and herself, and stated that she was adamantly opposed to the vacation of these roads.
Mr. Jim Stivender, Assistant Director of Public Works, discussed the tracts of land, in relation to the right-of-way usage.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1988, and August 3, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the request to vacate that portion of roads, in the Phillipsburg Subdivision, Eustis Area, as advertised in Petition No. 517, by Johnny Treadwell.
Commr. Burhans voted "no".
Petition No Pierre and Denise Grimm . 518 - Skiing Paradise,
Groveland Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1988, and August 3, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate tracts and roads, in the Groveland Farms Subdivision, Groveland Area, as advertised in Petition No. 518, by Skiing Paradise, Pierre and Denise Grimm.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No. 519 - Weeme Properties, Inc. - Groveland Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise to vacate an unnamed road, Groveland Farms, Groveland Area, in Petition No. 519, by Weeme Properties, Inc., Wooda B. Elliott, President.
Petition No. 520 - Harold L. Jones - Tavares Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise to vacate an unnamed road, Plat of S. B. Hewitt's Land and Plat of Oak Haven, Tavares Area, in Petition No. 520, by Harold L. Jones.
ACCOUNTS ALLOWED/CONTRACTS LEASES AND AGREEMENTS
ENVIRONMENTAL SERVICES/LANDFILLS (CONT'D.)
Discussion continued regarding the proposed contract with Post, Buckley, Schuh and Jernigan, Inc. Mr. Willett stated that the Board could either approve the contract; or, if there is a problem with Omar Smith, the County staff could talk with management: or, if there is a problem with the firm itself, the Board could consider going onto the second ranked firm. He stated that the disagreement is in the amount of garbage that is processable, not the amount that is burnable. He stressed that the County needs to site a landfill within a three to four year period, and the land should be purchased this fiscal year.
Concern was expressed by the Board members, as to the communication problem with the selected firm.
Mr. Chris Ford, County Attorney, informed Commr. Windram that he did not have a conflict of interest, in relation to this contract. At this time, Mr. Ford discussed the ranking and selection of the firms, and stated that, should the Board decide it is not happy with the present firm, the Board could interview the other firms and rank them once again.
Mr. Findell stated that Post, Buckley, Schuh and Jernigan, Inc. has performed the services, as requested by the County, and that they have not taken any position, as far as the garbage project is concerned.
Commr. Windram suggested sitting down with the firm and discussing the problems that the Board has with the communication between the County and the firm, and the numbers being presented, in relation to processable garbage.
Commr. Smoak made a motion that the agreement, between the County and the consultant for professional services, as outlined by Post, Buckley, Schuh and Jernigan, Inc., be favorably considered by this Board, and approved.
Included in the motion, was the intent to have any and all of the Commissioners, who have concerns with individuals and personalities, air those concerns with management, and decide on a project manager.
Commr. Windram stated that he would like to see the communication and the project manager problems resolved before the approval of the contract.
At this time, Commr. Smoak withdrew his motion.
Commr. Carson made a motion, which was seconded by Commr. Smoak, to schedule a public meeting, as soon as possible, with the principals from Post, Buckley, Schuh and Jernigan, Inc., to discuss the terms of the contract, which has been offered, and the personnel, which they are offering to use to perform the duties, as outlined in the contract, and that recommendations be made prior to the September 6, 1988, regular scheduled Board meeting.
Mr. Ford suggested that the motion include authorizing Mr. Willett to tell the partners, or the senior stockholders of the company, that they basically want a project manager change.
Mr. Willett stressed that the Board needed complete confidence in the firm's representation to the County, and that, if the Board did not feel this way, he suggested that the firm be informed that the County has the right to proceed to the second ranked firm.
Commr. Smoak suggested that Mr. Willett be authorized to communicate the Board's feelings today, and to ask Post, Buckley, Schuh and Jernigan, Inc., to assign someone else as a potential leader of this project, and have him acquaint himself with the Board, prior to the next meeting.
The Chairman called for a vote on the motion, which was carried unanimously.
LANDFILLS
Ms. Claire Bartlett, Director of the Department of Solid Waste, and Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to discuss the new proposed fee structure, for the County landfills.
Discussion occurred regarding the memorandum presented, which included a survey of counties, as to their current tonnage rates.
Commr. Smoak stated that he would like to see the proposed fees on a comparison basis, as to what the County is presently charging, and suggested postponing action on the proposed fee schedule. He also discussed a possible proposal for an amnesty day.
Discussion occurred regarding the County purchasing a set of scales for the landfills.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board requested that the staff put together some comparative numbers, and make a recommendation to the Board, as to an amnesty day, or something that might address the roadside trash problem.
Commr. Carson was not present for the vote.
ORDINANCES/ZONING
At 11:OO a.m., the Chairman announced that the advertised time had arrived for the continuation of the discussion on the proposed zoning ordinance, in relation to arterial road access regulations.
Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board to discuss the proposed ordinance. At this time, Mr. Marchese presented the Board with a letter from the City of Eustis, including comments and recommendations to the ordinance.
Mr. Marchese stated that the purpose of the proposed ordinance was to develop ways to relieve traffic on arterial roads.
Ms. Jean Kaminski was present to discuss the suggested changes and additions presented by the City of Eustis.
Mr. Marchese discussed page 4, in relation to access road spacing, and page 5 (F), pertaining to Appeals/Variances, of the proposed ordinance.
Commr. Smoak stated that he favors frontage roads, because it is the only way to limit curb cuts onto the major highways in the County, and to prohibit and prevent the traffic problems. He suggested that the Commission develop some type of format and guidelines, which would allow the staff to make decisions based on difficult situations, as opposed to going directly to the Board of Zoning Appeals. Commr. Smoak further stated that he would like to see the proposed ordinance contain language, which would liberalize, from the site review and staff standpoint, specific ways in which the Board can act upon different problems.
At this time, the Board referred the proposed ordinance back to the staff for further review.
Mr. Dan Kotulla, Community Development Coordinator for the City of Eustis, appeared before the Board and stated that, should the County decide to adopt the proposed ordinance, the City would like the staff to include the changes stated in the letter presented to the Board this date. Mr. Kotulla discussed the recommendations, as stated in the letter, with the Board.
Mr. Willett discussed the spacing of curb cuts, and recommended negotiating with an engineering firm, to perform such a review, with an authorization of $l,000.00.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board authorized the County Administrator to engage a traffic engineering firm, to review the curb cut requirements in the ordinance, and to make a recommendation to the Board, at the least possible cost, yet adequate to properly do the job.
COMMITTEES/ORDINANCES
Mr. Michael C. Willett, County Administrator, presented the Board with two proposed ordinances pertaining to the Tourist Development Tax. He stated that the first ordinance clarifies the Tourist Development Plan, and the second ordinance establishes the Tourist Development Tax.
Commr. Burhans discussed proposals, which had been made by the Tourist Development Council, in regards to a public relations person performing a study of Lake County, to determine its advertising points.
Discussion occurred regarding the development of the approximate 600 acres, at the Civic/Expo Center site, and the designated land uses.
Commr. Burhans suggested that the Board review the information presented to each member, and act on the material, at the next regular scheduled Board meeting.
RECESS AND REASSEMBLY
At 11:55 a.m., the Chairman announced that the meeting would recess for lunch and reconvene at 2:00 p.m.
COMMISSIONERS
Commr. Bailey was not present for the afternoon session.
PUBLIC WORKS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
Commr. Smoak discussed with the Board a strip of land, which belongs to the LaRue family on the westside of Lake Minnehaha, in South Lake County. He stated that a major subdivision has been developed on both sides of this unpaved strip of property, and the property runs through a citrus grove.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved for the Public Works Department, and Jim Stivender, Assistant Director of Public Works, to contact Mrs. LaRue and/or her representatives, and indicate that the County would provide a concrete crossing for agricultural equipment; and an independent appraisal of those citrus trees, which would have to be removed, and compensate her for the value of the trees, in lieu of a dedication of right-of-way, and acceptance of an easement.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase one Steam Cleaner, from Mitchell's Small Engines, in Daytona Beach, at a cost of $1,892.50.
ACCOUNTS ALLOWED/BIDS/LANDFILLS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise for bids on an installed computerized scale system, at the Astatula Landfill, at an estimated cost of $130,000.00.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise for bids on a 215 HP Crawler Tractor, at an estimated cost of $195,000.00.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise for bids on a 150 HP Front-End Loader, at an estimated cost of $110,000.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
PUBLIC WORKS/WATER AUTHORITY
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to award the engineering and environmental services, for the boat ramps at Marsh Park, Lake Eustis (Tavares), and Singletary Park, to Professional Engineering Consultants, Inc., in the amount of $4,594.00.
Commr. Smoak suggested that the staff be directed to review the Wetlands Ordinance, with the Board and the Water Authority, as it is currently constructed, in order to consolidate such projects.
MUNICIPALITIES/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Tavares, for 150 cubic yards of clay, for renovations to the Fred Stover Sports Complex Ballfield.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for partial payment to Rix Construction Corporation, for Project #8-88, for #2-4601, Alibrandi Road, in the amount of $24,161.46; and for #2-4303, South Whitney Road, in the amount of $17,467.52.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
MUNICIPALITIES/ROAD-COUNTY AND STATE/STATE AGENCIES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for a Joint Project Agreement, between Lake County and The Florida Department of Transportation, to commit $250,000.00 of impact fee funds, for design and engineering, to widen U.S. 441-27, in Leesburg.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for Change Order #l, to Asphalt Pavers, Inc., for Project #14-88, C-44A "Part" Resurfacing, to include leveling and resurfacing rough areas on CR 439 and CR 450, at a cost of $15,996.75.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Change Order #l, to Asphalt Pavers, Inc., for Project #13-88, C-445 "Part" and C-445A "Part" , in the amount of $4,000.00.
ACCOUNTS ALLOWED/ASSESSMENTS/ROADS-COUNTY AND STATE
Commr. Smoak discussed his feelings on mandatory assessments, and stated that he felt the funding could be more equitably spent on some of the roads in the County maintained system.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the request for Change Order #2, to Trac Roadbuilders, Inc., for SA-59, Astor Forest Campsites, to add River Road, Tree Road and Hickory Road, as a mandatory assessment, at a cost of approximately $154,973.00, and to advertise for a special assessment for a public hearing.
Commr. Smoak voted "no".
ACCOUNTS ALLOWED/ASSESSMENTS/MUNICIPALITIES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for partial payment to Trac Roadbuilders, Inc., for Project #SA-59, Astor, in the amount of $155,452.63.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for partial payment to Asphalt Pavers, Inc., for Project #7-88, Eaglesnest Road "Part" and Royal Oak Road, in the amount of $7,987.86.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request for first payment to Asphalt Pavers, Inc., for Project #14-88, C-44A "Part" Resurfacing, in the amount of $280,324.00.
RIGHT-OF-WAYS, ROADS AND EASEMENTS/ROADS-COUNTY AND STATE
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the following non-exclusive easement:
Virginia D. Brennand #3-2441 Buckhill Road
Included in the motion was approval of the request to accept the following right-of-way deed:
Joseph C./Shirley C. Ezell #1-6304 Spring Lake Road
DEEDS/ROADS-COUNTY AND STATE
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request to release the following road reservations, from the Department of Transportation Murphy Act Deed:
#784 40 Feet from Centerline Charlie Squibb
per City of Tavares
MUNICIPALITIES/PUBLIC WORKS/SIGNS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Town of Howey-in-the-Hills, for four 36" stop signs, four 25 MPH speed zone signs, two "No Parking" signs, and the necessary poles and hardware for installation.
LANDFILLS
Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to discuss the memorandum, in relation to the hours and days of operation for the landfill and transfer stations of Lake County.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the proposed operating hours and days of operation for the landfill and transfer stations of Lake County.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to have The Floor Shoppe, Inc. install new carpeting and wallpaper, in the Sheriff's new office, at a cost of $2,700.04.
CONTRACTS, LEASES AND AGREEMENTS/JAILS/LANDFILLS
Discussion occurred regarding the request for a special Board Meeting on Wednesday, August 24, 1988, or Thursday, August 25, 1988, to review the concept design on the new Criminal Justice/Jail Facility.
Discussion also occurred regarding the NRG/Recovery Group, Inc. project. Commr. Smoak suggested that the meeting, regarding the project, be scheduled on the same day as the jail discussion.
Mr. Chris Ford, County Attorney, informed the Board that Ogden Martin is still in the NRG/Recovery Group, Inc. project, until September 1, 1988, and should the Board choose to retain Ogden Martin, at that point in time, the project will be $2.3 million more. Mr. Ford suggested that the Board request the County experts; Mr. Ed Sledge, Piper & Marbury; and Mr. Jeff Clunie, R. W. Beck & Associates, to appear at the special meeting.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved for a special meeting to be scheduled for Wednesday, August 24, 1988, at 9:00 a.m., to review the NRG project, and that all of the interested parties be notified, and then schedule at 10:00 a.m., the jail concept design, for the new Criminal Justice/Jail Facility, for review.
Discussion occurred regarding the issue of public ownership, in relation to the NRG project.
Commr. Carson suggested that everybody who has an interest in the NRG project, including the public and the cities, should be made aware of the special meeting, and have an opportunity to be here.
After some discussion, Commr. Smoak amended his motion to include a flexible time frame, for all involved, with the Board directing the County Attorney to coordinate the date and time with all involved.
Mr. Ford will attempt to contact the County's three experts, Mr. F. Browne Gregg, the cities, and Ogden Martin, for a special meeting on August 24th or 25th.
Commr. Smoak discussed previous action taken by the Board, in regards to ceasing negotiations for the NRG project, and stated that he did not see anything in the approved Board minutes, for reconsideration of the negotiations. He questioned the Board using a consistent procedure in revisiting issues.
Discussion occurred regarding the Board's legal obligations, in relation to the approved contract, with F. Browne Gregg, NRG, and Ogden Martin.
Mr. Ford stated that his advice to the Board was, when Ogden Martin and NRG proposed to take a substantial risk on the shortfall of garbage, conditions precedent in the contract, for shortage of garbage, was at least partially taken away, as an out. He verified this with Mr. Sledge on the phone, and stated that to negotiate, in good faith with the signed contract, when the other side puts something on the table that removes an obstacle, that could be a reason to terminate negotiations (to avoid breach of contract suits), the negotiations normally progress forward. He stated that there are several escape clauses in the present contract, which were told to the Board, and the Board's instructions were to continue, by getting everyone together. Mr. Ford stated that another proposal was anticipated, with our experts, indicating that it was expected to be a significant proposal.
Mr. Ford discussed using the Roberts Rules of Order, and a motion being made to reconsider the issue.
He also discussed several ways in which the contract could be terminated, as follows: (1) shortage of garbage; (2) not passing the ordinances; and (3) 75% of cities not signing the interlocal agreements.
Commr. Smoak requested that the Board be provided with a time frame, as soon as possible, for the special meeting.
At this time, the Board scheduled discussion on the Criminal Justice/Jail Facility at 10:00 a.m., and the NRG project discussion at 1:00 p.m., on August 24th, or 25th.
Commr. Smoak requested that Mr. Ford provide the Board with his critique on the contract, as to how it's structured, and those areas within the contract, which the County has to fulfill, to complete its contractual agreement, and those areas in the contract, which would terminate the contract, if they were not fulfilled. He also requested that Mr. Ford include in that memorandum, an opinion, as to the other parties issuance of a specific time table, whether or not this County has the option of setting a time table, in order to commiit to this contract, as opposed to them dictating to the County, a time frame, for the contract.
Mr. Willett suggested that a representative of Post, Buckley, Schuh & Jernigan, Inc. be present for the discussion on the NRG project, such as David Deans.
COMMISSIONERS
At 3:55 p.m., Commr. Burhans turned the Chairmanship over to Commr. Carson.
EMERGENCY MANAGEMENT
On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request from Emergency Management, for Robert Reymont, Director, to attend an Exercise Design Class, in Tallahassee, on September 13-15, 1988, at no cost to the County.
Commr. Burhans was not present for the vote.
ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT
On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the request from Emergency Management, to purchase a Hazardous Materials Repair Kit, for the Fire Department's Hazardous Materials Team, at a cost of $705.00.
Commr. Burhans was not present for the vote.
COMMISSIONER
At 4:00 p.m., Commr. Carson returned the Chairmanship to Commr. Burhans.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
EMERGENCY MANAGEMENT
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from Emergency Management, for signatures on the FY 88-89 Radiological Emergency Preparedness Agreement, with the Department of Community Affairs, in the amount of $825.00.
ACCOUNTS ALLOWED/BIDS/EMERGENCY MANAGEMENT
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from Emergency Medical Services, to obtain bids on the following equipment: two Cardiac Monitor/Defibrillators, in the approximate amount of $7,000.00 each, and one Hydraulic Extrication Tool Set, in the approximate amount of $8,400.00.
ACCOUNTS ALLOWED/FIRE PROTECTION
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Pasco District, to reimburse James Blackwell, in the amount of Fire $264.00, upon successful completion of Private Fire and Detection, Building Construction, Arson Investigation, and Fire Apparatus Practice courses, at Lake Sumter Community College.
PLANNING DEPARTMENT/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for the preliminary approval of Wolf Branch Village, Phases 2 and 3.
ACCOUNTS ALLOWED/JAILS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request, from Mrs. Kathy McDonald, Assistant County Administrator, for Professional Engineering Consultants to begin a boundary survey and a utility line survey, at an estimated cost of $10,000.00, so that the architects can do the site plan, in order to apply for rezoning.
ACCOUNTS ALLOWED/JAILS/PUBLIC WORKS
Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that fencing is needed for the staging area, which is tentatively going to be the property bought from the Pringles, as well as the location where the Barton-Malow construction trailer will be located. She stated that the three estimates received were all under $6,000.00.
Mr. Jim Stivender, Assistant Director of Public Works, informed the Board that extended fencing is needed in the area of the Umatilla Barn and the new Public Health building.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from Mrs. McDonald and Mr. Stivender, for the necessary fencing, in both areas.
COMMITTEES/FAIRGROUNDS/ORDINANCES/RESOLUTIONS
Commr. Burhans discussed the advertising of the two proposed Tourist Development ordinances.
Commr. Smoak questioned the possibility of approving and authorizing the Public Works Department to go out for a design bid contract on the road, based on the plan approved for the Civic/Expo Center. He also discussed the utility franchise bill, which the Governor vetoed, and requested that research be prepared on this issue.
Commr. Smoak made a motion, which was seconded by Commr. Carson, for the Board to instruct the Public Works Department to lay out the road on the property, to survey the property, and to come back to the Board with a quantitative calculation of acres located in the different sections, in order to compute the values of land, with an appraisal to be made of each piece of property, with the information being supplied to the Board at the first meeting in September.
Mr. Ford stated that Mr. Sandy Minkoff, Attorney, suggested that the Board follow the resolution, to pro-rate the acreage, leaving 200 acres, which were gifted solely to the County.
The Chairman called for a vote on the motion, which was carried unanimously.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to advertise the proposed ordinance, which clarifies the purpose of the Tourist Development Plan, as outlined.
Mrs. Ava Kronz, Assistant to the County Administrator, informed the Board of the present Tourist Development funds.
Commr. Smoak made a motion to amend the proposed ordinance, and to delete the increase in the percentage of tax, from two (2) percent to three (3) percent.
After considerable discussion regarding the utilization of the funds, the motion died for the lack of a second.
Commr. Smoak suggested that the proposed ordinance, pertaining to the tax, be discussed with the Tourist Development Council, in order to determine whether or not the ordinance would pass. There being no further business to be brought to the attention of the Board, the meeting adjourned a
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/8-22-88