A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 18, 1994

The Lake County Board of County Commissioners met in regular session on Tuesday, October 18, 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; Commr. Bailey (Commr. Bailey was not present due to illness). Others present were: Frank G. Gaylord, County Attorney; Pete Wahl, County Manager, Ava Kronz, BCC Office Manager; Ms. Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.

Reverend Tony Symonds, First Assembly of God, Tavares, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Pete Wahl, County Manager, requested that Tab 5, the workshop on Department of Transportation Plans on Highway 19/AG Center, be withdrawn from the agenda; and that Tab 41, approval of a request for waiver from Nolette Lincoln/Mercury of the sewer mandatory connection requirements for the construction of a 4,000 square foot body shop on the current sales lot, be withdrawn from the agenda at the applicant's request.

Mr. James C. Watkins, Clerk of Circuit Court, noted an error on Addendum No. 1, I.A.1., and requested that the amount of $69,615,000.00 be changed to $2,500.00.

MINUTES

Regarding the Minutes of September 6, 1994, (Regular Meeting), clarification was made to the misspelling of a word.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 6, 1994, (Regular Meeting), as corrected.

The motion carried by a 4 - 0 vote.



Regarding the Minutes of September 12, 1994, (Special Meeting-Tentative Budget Hearing), the following correction was requested:

Page 7, Line 16 - delete "seems to be" and insert is.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 12, 1994 (Special Meeting-Tentative Budget Hearing), as amended.

The motion carried by a 4 - 0 vote.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

CLERK OF COURTS - JAMES C. WATKINS

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

Accounts Allowed/Assessments/Subdivisions



Request for approval of Satisfaction of Assessment Liens, as follows:



Mt. Plymouth Subdivision



Thomas Utke $ 663.34

Fairway No. 2, Course 1 $ 4,176.41

Fairway No. 3, Course 1 $ 5,040.49

Fairway No. 7, Course 1 $ 5,688.56



Clark Road



H. E. & Winifred A. Vreeland $ 1,511.29



Ocala Forest Campsites



Evelyn Clark $ 948.08



South Pine Lakes



Pat Henderson $ 952.71



Sun Eden Subdivision



Kenneth L. Unruh & Claudia A. Unruh $ 1,170.36



Sorrento Shores Subdivision



Elizabeth Dunaway $ 7,822.94



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 91-1186-CJ, Icyies L. Rucker, in the amount of $50.00.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 83-16320TT34 & Case No. 83-16321TT34, Charles D. Penley, in the amount of $250.00.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 86-732CF, Ella Mae Hurst, in the amount of $250.00.



Accounts Allowed/Courts-Judges/Code Enforcement



Request for approval of Satisfaction and Release of Fine, Case No. 34-94, Gene Baugh, in the amount of $300.00.



Accounts Allowed



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



Budgets/Water Authority



Request to acknowledge receipt of a copy of the Oklawaha Basin Recreation and Water Conservation and Control Authority's (Lake County Water Authority's) Tentative Budget for 1994-1995.



Reports/Water Authority



Request to acknowledge receipt of Annual Report of Meeting Schedule of regular meetings for 1994-1995 received from the Lake County Water Authority.



Ordinances/Municipalities



Request to acknowledge receipt of the City of Clermont annexation Ordinance No. 271-M, adopted by the Clermont City Council on September 13, 1994, providing for the annexation of a certain parcel of land contiguous to the present city boundaries.



Ordinances/Municipalities



Request to acknowledge receipt of the City of Eustis annexation Ordinance Number 94-24, adopted by the Eustis City Commission on August 18, 1994, voluntarily annexing that property being 2.0 acres of vacant land previously identified in Resolution No. 94-13 as an enclave on the west side of Kurt Street and north of Scotty's into the corporate limits of the city of Eustis, Florida.



City of Eustis annexation Ordinance Number 94-27, adopted by the Eustis City Commission on August 18, 1994, voluntarily annexing that property being .517 acres of an existing house and vacant land on the east and west side of Lakeshore Drive in the Eustis Heights Subdivision into the corporate limits of the city of Eustis, Florida.



Appointments/Committees



Request to acknowledge receipt of the North Lake County Hospital District Tax Board's representative to the Lake Comprehensive Health Care Committee, Dr. Tully Patrowicz.



State Agencies



Request to acknowledge receipt of Florida Public Service Commission, Notice of Hearing to JJ's Mobile Homes, Inc. Office of Public Counsel, The City of Mount Dora, George Wimpey of Florida, Inc., and All Other Interested Persons, for October 13, 1994, 10:00 a.m., and October 14, 1994, 10:00 a.m., if needed.



State Agencies/Utilities



Request to acknowledge receipt of Florida Public Service Commission, Order No. PSC-94-1123A-FOF-WS; In Re: Investigation into the appropriate rate structure for SOUTHERN STATES UTILITIES, INC. for all regulated systems in Bradford, Brevard, Citrus, Clay, Collier, Duval, Hernando, Highlands, Lake, Lee/Charlotte, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Washington Counties, Amendatory Order.



State Agencies/Utilities



Request to acknowledge receipt of Florida Public Service Commission, Order No. PSC-94-1123-FOF-WS; In Re: Investigation into the appropriate rate structure for SOUTHERN STATES UTILITIES, INC. for all regulated systems in Bradford, Brevard, Citrus, Clay, Collier, Duval, Hernando, Highlands, Lake, Lee/Charlotte, Marion, Martin, Nassau, Volusia, and Washington Counties, Final Order Determining Appropriate Rate Structure for Southern States Utilities, Inc., Establishing Bulk Rates for Hernando County, and Disposing of Motions.



State Agencies/Budgets



Request to acknowledge receipt of a copy of the Fiscal Year 1994-1995 Budget for the St. Johns River Water Management District adopted by the Governing Board on September 19, 1994.



ADDENDUM NO. 1



Accounts Allowed/Contracts, Leases & Agreements

Request for approval and execution of contract with Ernst & Young, LLP, in the amount of $2,500.00, to calculate arbitrage rebate for the Florida Resource Recovery, Industrial Development Refunding Revenue Bonds.



The motion carried by a 4 - 0 vote.



ORDINANCES/FIRE PROTECTION

Mr. Craig Haun, Director, Fire & Emergency Services, appeared before the Board to present the ordinance relating to Certificate of Public Convenience and Necessity and the Emergency Services Council. He stated that the ordinance before the Board this date eliminates the "Lake County Emergency Services Council", and specifically relates to the Certificate of Need.

At this time, the Chairman called for public comment. There being no one present in the audience wishing to discuss this issue with the Board, the Chairman called the public hearing portion of the meeting.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved Ordinance No. 1994-15, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA RELATING TO EMERGENCY SERVICES; PROVIDING FOR THE REPEAL OF SECTION 11-16 OF THE LAKE COUNTY CODE REFERRING TO EMERGENCY SERVICES COUNCIL; PROVIDING FOR AMENDMENT TO SECTION 11-19(c) RELATING TO REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE; PROVIDING FOR AMENDMENT TO SECTION 11-19(d) TO PROVIDE FOR APPLICATION AND FEE TO BE FILED WITH THE DEPARTMENT OF FIRE AND EMERGENCY SERVICES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

The motion carried by a 4 - 0 vote.

REPORTS/STATE AGENCIES

Mr. Gene Caputo, Intergovernmental Coordinator, Division of Policy and Planning, appeared before the Board to present the proposed program regarding modification of water levels for the Oklawaha Chain of Lakes. He informed the Board that a series of workshops have been scheduled in November for the purpose of soliciting comment on the recommended schedules. He expressed his appreciation to the Board; Mr. Pete Wahl, County Manager; Mr. Paul Bergmann; Senior Director, Department of Planning and Development Services; and Mr. James Barker, Director of Environmental Management, for providing the office space for the outreach program.

Mr. Dave Walker, Field Program Manager for the Upper Oklawaha River Basin, appeared before the Board and discussed the lake levels for the Oklawaha Chain of Lakes and presented a historical overview of the fluctuation of water levels since the late 1800's. He explained that district scientists have recommended changing the lake level fluctuation schedules to follow more closely seasonal and long-term rainfall patterns, and the recommended schedules are an attempt to balance many competing interests, including improving lake conditions, protection of adjacent wetlands, minimizing flooding and limiting impacts to boating.

Mr. Walker stated that the District was planning three public workshops on the recommended changes in each of the major sub-basins, as follows: November 9, 1994 - Apopka Sub-basin; November 16, 1994 - Burrell Sub-basin (Beauclair, Dora, Harris & Eustis); and November 29, 1994 - Griffin Sub-basin. He stated that after the public workshops, final recommendation would be brought to the District Governing Board for adoption after the public hearing process.

At this time, Mr. Walker presented a series of graphs for the Boards' review illustrating an overview of the range of recommended water levels for the Oklawaha Chain of Lakes, and discussed each graph. He stated that ten (10%) percent of the time water levels would be below the bottom range of water levels and noted that a part of the program was to evaluate the overall impact of the proposed schedule of water levels on boat access to the Chain of Lakes. He discussed the lake fluctuations on Lake Griffin and explained that the fluctuations were based on the different lake basins, the types of basins that exist, and on historic records for water level fluctuations in the lakes.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested that Tab 31, approval for the County Manager to execute a purchase order to the lowest qualified bidder of geosynthetic liner material for the Astatula Phase I and Lady Lake Landfill closures, be pull for modification; and Tab 21, approval and execution of the Perpetual Care Plan and Maintenance Agreement Between Lake County and the Greater Altoona Society, Inc. for Hinson Cemetery, be pulled for discussion.

Commr. Gerber requested that Tab 32, approval for the Chairman to execute an agreement with Southeast Recycling for the marketing of recyclable material collected from unincorporated homes via the exclusive franchise agreements for the collection of Solid Waste and Recycling, be pulled for discussion.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests, with the exception of Tab 21, Tab 31, and Tab 32:

Accounts Allowed/Budgets



Request for approval of increase to the Fiscal Year 1994-1995 Law Enforcement Trust Fund Budget, in the amount of $104,715.00.





Accounts Allowed/Budget Transfers/Sheriff's Department



Request for approval of a transfer, in the amount of $107.00, from contingency and other budget transfers in the Sheriff's budget in order to correct accounts - Budget Transfer #95-003.



Budgets/Grants/Libraries



Request for approval and signature on State Aid to Libraries Grant Application - 1995, showing approved appropriation figures for the combined Lake County Library System Budget.



Contracts, Leases & Agreements



Request for approval and signature on Modification of Equipment Lease with Ameritech Credit Corporation.



Accounts Allowed



Request for approval of fourth quarter payment to LifeStream Behavioral Center for Fiscal Year 1993-1994; total expenditure in the amount of $42,000.00.



Accounts Allowed/Indigents

Request for approval of payment, in the amount of $14,953.20, to Shands Hospital for a Lake County resident under the Health Care Responsibility Act for an inpatient hospital stay.



Accounts Allowed/Budget Transfers



Request for approval of budget transfer to establish line item for Central Energy Plant Renovation for Fiscal Year 1994-1995.



Contracts, Leases & Agreements/Fire Protection



Request for approval and signature on Radiological Emergency Preparedness Agreement for Fiscal Year 1994-1995.



Contracts, Leases & Agreements



Request for approval and signature on Mutual Aid Agreement Between Lake County and Osceola County Board of County Commissioners.



Insurance/Risk Management



Request for approval of the continuation of the present Section 125 Flexible Benefits Plan Benefits and Vendors for the Plan Year 1-1-95 to 12-31-95.



Appointments-Resignations/Personnel/Committees



Request for approval of the ranking of the proposers and the appointment of a committee to negotiate and make recommendations to the Board on the Classification Pay Study, as follows: County Attorney or designee; County Manager or designee; Human Resources Director; Personnel Manager; and David Crowe, member of the Selection Committee.



Insurance/Risk Management



Request for approval for the Chairman to sign the Sworn Statement in Proof of Loss form.





Accounts Allowed/Subdivisions



Request for approval of Seminole Springs, Phase I Subdivision; and acceptance of Check No. 34849, in the amount of $222,200.00, for Performance; 13 lots for Phase I - Commissioner District No. 4.



Accounts Allowed/Subdivisions



Request for approval of Upson Downs, Phase I; and acceptance of Check No. 34848, in the amount of $281,600.00, for Performance; 89 lots - Commissioner District No. 4.



Rights-of-way, Roads & Easements/Deeds/Zoning



Request for acceptance of non-exclusive easement deed from Ms. Susan Vega for the creation of three lots in Urban Residential District (R-6) zoning on an easement off of Circle Way (#5-5338) - Commissioner District No. 5.



Accounts Allowed/Bids/Road Projects



Request for approval to advertise for bids for Project No. 2-95 (#4-6797) for Brantley Branch Road and SR-44 Intersection Improvements, at an estimated cost of $145,000.00, from the County Transportation Trust Fund - Commissioner District No. 4.



Request for approval to advertise for bids for Project No. 1-95 Countrywide Resurfacing Program, at an estimated cost of $390,538.00; and authorization to proceed with negotiations for Interlocal Agreements with the Cities of Eustis, Leesburg, Mount Dora, Tavares, Umatilla, and the Town of Lady Lake to resurface various roads in the City/Town limits, at an estimated cost of $326,876.00, to be included in the Countywide Resurfacing Program for a total cost of $717,414.00.



Rights-of-Way, Roads & Easements/Municipalities/Road Closings



Request for approval to advertise Road Vacation Petition No. 769 by Stephen and Teresa Durden to vacate roads (Lake Shore Drive, Lake King Gardens, Sec. 32, Twp. 17, Rge. 27) Altoona Area - Commissioner District No. 5.



Resolutions



Request for approval to post "Speed Limit" signs on the following roads in the Spring Lake Area of Fruitland Park: Pete Street (#1-6405), Via Marcia (#1-6405A), Pinetree Street (#1-6205A), Vera Dor Drive (#1-6305A), Toby Lane (#1-6105B), Hickory Street (#1-6105A), Live Oak Drive (#1-6105), Mary Ellen Street (#1-6305), North Spring Lake Blvd. (#1-6205C), East Spring Lake Blvd. (#1-6205B), West Spring Lake Blvd. (#1-6205), Hickory Ridge Drive, (#1-6404A) Piney Ridge Blvd. (#1-6103A), Linmar Avenue (#1-6203), Linda Glen Avenue (#1-6103), Poinsetta Avenue (#1-6006), and Glenda Street (#1-6103A).



Roads-County & State/Deeds



Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 2224

Applicant: Norval E. Packwood & Ruby E. Pedrick

Location: Silver Lake Park Subdivision, Dona Vista Avenue

Recommend: Reserve 33 feet from the centerline of Beach Drive.





Rights-of-Way, Roads & Easements/Deeds



Request for acceptance of the following deeds:



Non-Exclusive Easement Deed:



Kenneth M. Facemire and Betty Facemire -

Adair Avenue (#4-3987)



Statutory Warranty Deed:



Seth R. Krieger and Katherine E. Peres -

East Apshawa Road (#2-2038)



Accounts Allowed/Budgets/Bids/Purchasing



Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole Source and proprietor source; approve and execute contracts and encumber funds, as follows:





A) Authorization to Seek Bids, Proposals and Professional Services.



DIVISION AMOUNT



1) SOLID WASTE $4,500,000.00

Authorization to seek bids for the construction of the Astatula Phase I Landfill Closure.



2) REPROGRAPHIC CENTER $ 650.00

(Estimated)



Permission to declare the attached list of copiers surplus property and obtain sealed bids for the sale of the copiers. The Board approved the purchase of low and intermediate copiers from Danka Industries, Inc., on March 3, 1994. Approval was also given to trade-in the used copiers as stated on the attached list. This list states the trade-in value Danka will give on the copiers. It is recommended that the County utilize Danka's price as the minimum sale price for the remaining copiers. If the prices we receive through the sealed bid process do not exceed Danka's trade-in value, we will trade-in those units for credit with Danka for additional equipment, maintenance or supplies. It is anticipated that we will obtain a higher price for the sale of the copiers by the sealed bid process than by trading them in or waiting for the sale of County surplus property.



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



DIVISION AMOUNT

1) CORRECTIONS MEDICAL BCC $ 50,000.00



Clinical Therapy Systems/Authorization to award the Sheriff's Bid #9/22/94 for Over the Counter and Prescription Medication for Inmates and issue a Blanket Purchase Order within budgeted funds. The Sheriff's Office sent the bid to 36 vendors, three responded. The award recommendation is to the low, most responsive vendor.



2) COUNTYWIDE $ 25,000.00

(Estimated)



Two Way Communications/Authorization to award Proposal #P-6-4-12, Two Way Radio Communications Maintenance, authorize the Chairman to sign the contract pending the County Attorney's approval and encumber budgeted funds. The Office of Purchasing mailed thirteen proposals to vendors, three proposals were submitted. Two Way Communications was ranked number one overall from the selection committee consisting of Mike Brooks, Public Services, Craig Haun, Fire and Emergency Services, Stan Rice, Solid Waste, Bob Rinehart, Mosquito and Aquatic Plant Management and Kelly Soucy, Purchasing. The contract for Radio Maintenance will be based on time and material, with a fixed quarterly hour rate of $11.25 for a four hour response time during normal working hours.



D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.



DIVISION AMOUNT



1) SOLID WASTE REVENUE



Commercial Shredding, Inc./Authorization to extend Bid #B-2-4-13, Scrap Metal Collection for an additional year per the original terms and conditions and issue a Blanket Purchase Order within budgeted funds.





2) PUBLIC SERVICES $ 150,000.00



Traffic Control Devices, Bid #A/R-335 and Control Specialist Co., Bid #AR93-010/Authorization to piggyback off of Seminole and Osceola County Bids for the installation and Emergency Repair of Traffic Signals and issue purchase orders within budgeted funds.



3) SOLID WASTE $ 25,000.00



Wheelabrator Clean Water System, Inc., Bio-Gro Division/Authorization to extend Bid #B-2-4-31, Leachate Hauling Services for an additional 180 days per the original terms and conditions and issue a Blanket Purchase Order within budgeted funds.



4) COUNTYWIDE $ 10,000.00



Dial Page/Authorization to piggyback off of City of Orlando's SICOP bid for Paging Services, Bid #SICOP-B193-289. It is also requested that the Chairman authorize the five year contract with Dial Page. The County Attorney has reviewed and approved the contract. The attached price comparison shows the savings the County can realize if we sign the contract.



Solid Waste/Bids



Request for approval to solicit bids from Permitted Commercial Recovered Materials Collectors for workplace paper recycling in Lake County governmental facilities; cost to be determined based on bid responses.





Accounts Allowed/Contracts, Leases & Agreements/Solid Waste



Request for approval to extend existing contract with Bio-Gro at the same price as was quoted for Fiscal Year 1993-1994; and approval to encumber and expend funds in the amount of $90,000.00 for interim leachate hauling by Bio-Gro until delivery of the County's hauling vehicles.



Accounts Allowed/Contracts, Leases & Agreements/State Agencies



Request for approval for Chairman to execute an agreement with the Florida Department of Environmental Protection for funding for unique and innovative project activities; adoption of Resolution No. 1994-113 to accept unanticipated revenue, in the amount of $50,000.00; and to encumber and expend funds in accordance with the agreement and resolution; subject to final review and approval by the County Attorney.



Solid Waste/Grants



Request for approval for Chairman to execute the Waste Tire Grant for Fiscal Year 1994-1995; and approval for Chairman to sign and submit reimbursement requests as needed.



Accounts Allowed/Solid Waste



Request for approval of the Environmental Monitoring Program; and authorization to encumber and expend funds in the amount of $5,900.00.



The motion carried by a 3 - 0 vote.

Commr. Cadwell was not present for the discussion or vote.

ACCOUNTS ALLOWED/SOLID WASTE/LANDFILLS

Mr. Ron Roche, Director, Solid Waste Management Division, appeared before the Board to present this request and explained that the bid was for the liner for the Astatula Phase I and Lady Lake Landfill closures. He stated that 4.5 million square feet of liner had been bid, and it was anticipated that the cost of said liner would be approximately $31.00 per square foot; however, the bids have come in at $.16 per square foot for approximately a $600,000.00 savings. He stated that there would also be an additional savings in the cost for installation of the liners. He stated that the recommendation before the Board was to approve the low qualified bidder, SLT North America, Inc., and to approve to go to the second low qualified bidder, if an agreement cannot be reached with SLT North America. He requested approval to award, encumber, and expend funds in the amount of $835,000.00, a decrease from the original estimate in the amount of $1,400,000.00.

Mr. Pete Wahl, County Manager, noted that a memorandum, dated October 17, 1994, had been distributed to the Board prior to the start of the meeting this date.

In response to a question presented by Commr. Swartz, Mr. Gary R. Debo, Construction Contracts Manager, appeared before the Board and explained that the liner material has a product warranty for up to twenty (20) years. He further explained that the installer of the liner material would be required to be certified by the manufacturer of the liner, and the liner would be installed under a construction contract.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved for the County Manager to execute a purchase order to the lowest, qualified bidder, SLT North America, Inc., of geosynthetic liner material for the Astatula Phase I, and the Lady Lake Landfill closures; and approval to award, encumber and expend funds in the amount of $835,000.00.

The motion carried by a 4 - 0 vote.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC SERVICES

Mr. Pete Wahl, County Manager, stated that Mr. Charles Demko, Vice President, Greater Altoona Society, Inc., was present to discuss the Perpetual Care Plan and Maintenance Agreement between Lake County and the Greater Altoona Society, Inc. for Hinson Cemetery. He explained that Greater Altoona Society, Inc. has been working with Mr. Alvin Jackson, Economic Development Coordinator, to address the care and improvement of the Hinson Cemetery located in the Ocala National Forest.

Mr. Chuck Pula, Recreation Director, appeared before the Board to discuss the agreement for Lake County to provide the maintenance and care of the Hinson Cemetery for a five (5) year period, and stated that the County has been performing the maintenance on the cemetery, and the agreement outlines that the County will perform one massive land clearing, with the assistance of the Forestry Department and the Corrections Department for the purpose of preparing a larger area of the cemetery to be used for burials.

Mr. Charles Demko, Vice President, Greater Altoona Society, Inc., appeared before the Board and noted that the Hinson Cemetery has been a free cemetery since 1940; however, the Society has plans to initiate a minimal charge for the purpose of providing money in the treasury for the purchase of a tractor and other minimal expenses. He stated that at the present time there was no room for burials in the cemetery, and the Society has recently discovered that the cemetery has approximately one and one-half (1.5) acres to the west of the cemetery, and the Society will be paying the Forestry Department $188.00 per year for leasing three additional acres.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request for approval and execution of the Perpetual Care Plan and Maintenance Agreement Between Lake County and the Greater Altoona Society, Inc. for Hinson Cemetery.

The motion carried by a 4 - 0 vote.

SOLID WASTE/CONTRACTS, LEASES & AGREEMENTS

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to discuss the three (3) year agreement for the marketing of recyclable materials and explained that the agreement has a thirty (30) day termination clause and will be subject to final review and approval by the County Attorney.

Mr. Steve Hiney, Recycling Coordinator, appeared before the Board and stated that Southeast Recycling was allowing Lake County to use the same terms and conditions as the Seminole County Solid Waste Recycling Agreement.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved for the Chairman to execute an agreement with Southeast Recycling for the marketing of recyclable material collected from unincorporated homes via the exclusive franchise agreements for the collection of Solid Waste and Recycling.

The motion carried by a 4 - 0 vote.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, no one wished to address the Board during the Citizen Question and Comment Period.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

Mr. Pete Wahl, County Manager, presented the proposed policies establishing written policies for Public Meetings in County Buildings, Legal Representation for Lawsuits, Lake County Computer Committee, and Citizen Advisory Boards/Committees.

Commr. Swartz brought up for discussion the policy for legal representation of the Board of County Commissioners and staff, and requested clarification on the language, under III. Directives A., regarding the subject of legal action, either as the county or personally, for duties performed while an official representative of Lake County. He discussed the language which states that should the County Attorney determine that he/she was unable to represent a case, the County Attorney and the County Manager are authorized to select alternative representative. He suggested that alternative representation be submitted to the Board for selection and approval. He noted corrections on the Lake County Computer Committee Policy, as follows: III. Directives A. 1. (b) - delete "Deputy County Manager" and "Corrections"; and (c) - delete "Office of Budget". He brought up for discussion the possibility of establishing required rotation of term limits on various committees in the Citizen Advisory Boards/Committee policy.

Commr. Cadwell stated that he would support rotation of term limits; however, it should be up to the individual Commissioner and should not be addressed in the Citizen Advisory Boards/Committee policy.

Mr. Wahl suggested that the term limits be addressed on a committee by committee basis in the resolution establishing said committee.

Commr. Swartz clarified that he was not referring to district appointments but to those who are not appointed from a Commissioner's district.

Mr. Frank Gaylord, County Attorney, stated that he would research the issue of rotation of term limits and report his findings back to the Board for discussion.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Policies for Public Meetings in County Buildings; Legal Representation for Lawsuits, as amended to include language indicating that alternative representation would be submitted to the Board for selection and approval; and the Lake County Computer Committee, as amended deleting "Deputy County Manager", "Corrections", and "Office of Budget" from III. Directives A., 1. (b) and (c).

The motion carried by a 4 - 0 vote.

APPOINTMENTS-RESIGNATIONS/STATE AGENCIES

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Mr. Fletcher Smith to the "purchaser" position on the North Central Florida Health Planning Council.

CONTRACTS, LEASES & AGREEMENTS/CORRECTIONS DEPARTMENT

Mr. Pete Wahl, County Manager, presented the request for approval of the extension to the Contractor Agreement between Lake County and LifeStream Behavioral Center to provide psychiatric care to inmates. He explained that the extension was for sixty days to allow the County time to review with LifeStream Behavioral Center any modification, or changes in costs that may be involved.

Discussion occurred in regard to providing psychiatric care to inmates, at which time Mr. Wahl stated that the County was required by state law to provide psychiatric care. Commr. Gerber suggested that the County provide a budget and require LifeStream Behavioral Center to stay within the allotted budget. She stated that she would not support renegotiation of the contract with LifeStream Behavioral Center for psychiatric care to inmates.

Commr. Swartz expressed concern that the contract had no "cap" and suggested that, at the time that the Board renegotiates the contract with LifeStream Behavioral Center, the Board review what LifeStream has been spending as opposed to their own level of providing service.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the request for approval and signature on the extension to the Contractor Agreement between Lake County and LifeStream Behavioral Center to provide psychiatric care to inmates.

The motion carried by a 4 - 0 vote.

ACCOUNTS ALLOWED/TOURIST DEVELOPMENT COUNCIL/ROAD PROJECTS

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the repayment of Tourist Development Resort Tax funds used in the development of Phase I roads and storm water systems at a total cost of $315,240.00.

The motion carried by a 4 - 0 vote.

ACCOUNTS ALLOWED/COMMUNICATIONS/COUNTY BUILDINGS

BUDGET TRANSFERS

Mr. Mike Anderson, Director of Facilities and Capital Improvements, appeared before the Board to present this request.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request for approval of the Change Order to Metric Construction; and transfer of funds from the owners cost to the contractors building costs for the purpose of overseeing the installation of the Audio/Visual system within the renovation project at a total cost of $266,502.00.

The motion carried by a 4 - 0 vote.

ENVIRONMENTAL MANAGEMENT

Mr. Jim Barker, Jr., Environmental Management Director, appeared before the Board to present this request and explained that a Notice of Intent was required when harvesting timber within the Wekiva River Protection Area. He explained that the applicant proposes to selectively harvest a total of 237 acres south of SR 46, within the Wekiva River Protection Area, over a three year period during the dry seasons, and only trees with a DBH of 12 inches or larger are proposed to be harvested. He stated that an on-site inspection has been performed and staff has found no evidence of endangered species on the site; however, there was a condition that harvesting operations would be immediately stopped if endangered species are discovered nesting in or utilizing the areas being harvested. At this time, Mr. Barker presented a copy of the Timber Harvest Plan for the Board's review. He noted that periodic inspections would be performed on the site.

Commr. Swartz questioned if the Timber Harvest Plan included all of the requirements listed under silvacultural activity in the Wekiva River Protection Area; at which time Mr. Barker explained that the Timber Harvest Plan, meets the minimum criteria of Silvaculture Best Management Practices, and the St. Johns River Water Management District harvesting requirements and Best Management Practices.

Mr. Barker noted that representatives from Grower Container Cooperative, Inc. and The Land Planning Group were present in the audience to address questions presented by the Board.

Commr. Swartz requested that staff make periodic inspections during the period of silvacultural activity to insure that the terms of the Timber Harvest Plan, and the conditions of the Lake County Comprehensive Plan and the Lake County Land Development Regulations are being followed.

Commr. Cadwell made a motion, which was seconded by Commr. Swartz for purpose of discussion, for approval of the Timber Harvest Plan for Growers Container Cooperative, Inc.

Commr. Swartz stated that his second was with the understanding that the Lake County Comprehensive Plan and the Wekiva River Protection Area Plan requirements are met and that staff will adequately monitor the silvacultural activity.

The Chairman called for a vote on the motion, which carried unanimously by a 4 - 0 vote.

RECESS & REASSEMBLY

At 10:40 a.m., the Chairman announced that the Board would recess for 10 minutes, and reconvene at 10:50 a.m.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COUNTY BUILDINGS

Mr. Mike Anderson, Director of Facilities & Capital Improvements, appeared before the Board to present a request for approval of Change Order No. 6 to the Odell Associates, Inc. contract for changes in regard to a chilled water loop study, chiller line profile proposal, 600T chiller on emergency power, Sheriff's Administration Building revisions & V.E., County Administration Building revisions, and well pump for emergency power. At this time, Mr. Anderson briefly discussed the proposed changes to the contract. He discussed the elimination of keys to access the buildings and explained that an electronic system on computer has been included in the original contract, and will allow the buildings to be monitored.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved Change Order No. 6 to the Odell & Associations, Inc. contract for design changes to the third and fifth floor of the Administration Building, in the amount of $71,146.00.

PLANNING/COUNTY ATTORNEY

Mr. Pete Wahl, County Manager, presented the discussion on a complaint received from Robert and Sharon Godwin and explained that Mr. Godwin appeared before the Board on September 20, 1994 to discuss the issues pertaining to the foundation of his house. He stated that staff has conducted a review, a copy of said review has been provided to Mr. Godwin, and discussions have occurred between Mr. Godwin and the County Attorney.

Mr. Bruce Duncan, Assistant County Attorney, explained that Mr. Godwin's complaint alleges improprieties on behalf of the Building Department and the Board of Examiners for failing to properly address the issue of the foundation upon which his house was built. He stated that the issue has been addressed, and it was the position of the Building Department that the slab meets code. He stated that the purpose of the Board of Examiners was to determine if a builder followed the code in constructing a home and the Board of Examiners was not designed to address issues of workmanship or quality of work. He stated that the issue before the Board of County Commissioners this date was to determine whether the Building Department properly inspected the home and passed it according to the Southern Building Code. The other issues concerning the improprieties of the Board of Examiners are not issues that the Board of County Commissioners are to address, and that the proper procedures for appeal of Board of Examiners' decisions are through the Circuit Court. He stated that an impasse has been reached between the County and Mr. and Mrs. Godwin concerning their home, and the only alternative for Mr. Godwin was to file suit against the County and/or Westervelt Construction. He stated that the actions of the Building Department were justified according to the backup material. He stated that, based on the Supreme Court ruling and all of the cases that have followed, the County Attorney's office does not feel that the County was liable even if the courts were to determine that the Building Department was negligent.

Mr. Robert Godwin appeared before the Board and discussed the code violations that were found on November 16, 1993, and questioned why the contractor's license had not been pulled.

Mr. Duncan stated that the decision not to pull the contractors license was a decision made by the Board of Examiners. He stated that it was evident that they were attempting to work out a resolution that would satisfy Mr. Godwin and Mr. Westervelt without pulling Mr. Westervelt's license. He explained that, at some point in time, an agreement was reached that Mr. Westervelt would provide the money to an engineer to cure what appeared to be a problem with the foundation. He stated that it was his understanding that it was the Board of Examiners' policy not to pull licenses unless it was absolutely necessary. He stated that Mr. Westervelt was not cited because it was the Board of Examiners' understanding that the issue had been resolved with the payment of the $4,000.00 to the engineer for repair of the damage to the slab. Mr. Godwin explained that it was agreed that a third party, Mr. Brett L. Swigert, Attorney, Huebsch & Swigert, would hold the sum of $5,000.00 in escrow account, and stated that he has received $2,500.00 from Dolezar Construction, Inc.. He explained that the $5,000.00 in escrow was to cover the work done on the foundation, in the amount of $4,000.00, for a zoning violation on the third kitchen, and damage done to the landscaping around the house. If it did not exceed $5,000.00, the money would be refunded back to the contractor, and if it exceeded the $5,000.00, he (Mr. Godwin) would be responsible for said money. He stated that on June 11, 1994, Mr. Bowen pulled his money from Dolezar Construction and, at that time, he mailed a letter to Mr. Jack Bragg, dated July 13, 1994, requesting a special meeting of the Board of Examiners.

Mr. Duncan stated that the Board of Building Examiners will dismiss the case when the engineer has completed the work and an inspection of the work has been performed.

Mr. Godwin stated that the problem with the footer would never have existed had the Southern Building Code had been followed on the footer and on the masonry joints on the house. At this time, Mr. Godwin distributed copies of Chapter 14, Masonry Construction, and the cut sheet for the Board's review.

Mr. Jack Bragg, Building Official, Building Department, appeared before the Board and provided a recap of the issues before the Board this date. He stated that the foundation meets the structural aspects of the code, was structural sound, and was the typical monolithic foundation. Mr. Bragg responded to a previous concern expressed by Mr. Godwin that "spec" sheets were not submitted and stated that "spec" sheets are not required on residential development.

Mr. Bragg stated that currently notice cards are mailed out to all subcontractors indicating that they have been named to do a particular job and, if said subcontractor does not notify the Building Department that they are not performing the work, it is assumed that they are to perform the work. He noted that the subcontractor in the case before the Board this date had not return the card and had not indicated to the Building Department that the job would not be performed.

Commr. Swartz expressed concern with the manner in which the County insures that there are licensed building contractors and trades people on the job. He suggested that the Building Department implement a policy that would require the card to be returned whether they were or were not performing the job and, if an affirmative response was not returned from the subcontractors, staff would then contact the contractor and inform him that the card had not been returned.

Commr. Hanson stated that the system in place at this time makes it incumbent on the contractor to show that the subcontractors are licensed. She stated that a problem arises when there is no penalty for hiring a unlicensed subcontractor.

Commr. Swartz directed Mr. Duncan to convey to the Board of Building Examiners that Mr. and Mrs. Robert Godwin have appealed to the Board of County Commissioners for recourse in regard to the issue of Westervelt v. Godwin, and that the Board has requested this issue go back to the Board of Building Examiners for their reconsideration, and that they work within their boundaries to resolve this issue as quickly as possible. He further requested that the Board of Building Examiners review the methodology, and the approach taken by the Building Department in viewing issues of this type, and report back to the Board of County Commissioners if they feel that the building inspectors viewed and inspected in a manner which they feel was proper and responsible.

ACCOUNTS ALLOWED/SOLID WASTE/LANDFILLS

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to bid the GCL liner material and award to the lowest qualified vendor; to purchase all other materials necessary to complete the temporary closure; authorization to encumber and expend funds, in the amount of $92,000.00; and implement a temporary closure for the Western portion of the Astatula Ash Monofill.

The motion carried by a 4 - 0 vote.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved for the Chairman to execute the final close out documents, including the final additive Change Order No. 1, for the Umatilla Sanitary Landfill Closure Liner System Expansion Contract.

The motion carried by a 4 - 0 vote.

ACCOUNTS ALLOWED/BIDS/SOLID WASTE

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to prepare a design/build criteria package with a projected estimated budget in the amount of $600,000.00; and to solicit bids for an Intermediate Storage and Transfer Facility.

The motion carried by a 4 - 0 vote.

REPORTS/SOLID WASTE

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

Mr. David Crowe, Hazardous Waste Management Coordinator, appeared before the Board and stated that, in order to make the collection and proper disposal of household hazardous wastes as convenient as possible for residents of Lake County, it was proposed at mid-year that a Mobile Household Hazardous Waste Collection Program be established. He explained that all of the cities have been contacted to solicit interest in being a host site for the Mobile Household Hazardous Waste Collection. At this time, Mr. Crowe discussed a map illustrating the proposed collection sites within a five (5) mile radius of each potential site. He stated that staff examined different collection schedule scenarios, and the consensus was that once every quarter would provide the best level of service and convenience to the residents.

No action was required on this issue at this time.

SOLID WASTE

Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved to issue Temporary Franchise #102 to Spectrum Entertainment Group d/b/a Ocala Chemical Portable Toilets for the collection and disposal of septic waste with the requested exemption from the Lake County Occupational License requirement and the 1988-13 Waste Flow Ordinance.

The motion carried by a 4 - 0 vote.

ACCOUNTS ALLOWED/SOLID WASTE

Mr. Ron Roche, Director, Solid Waste Management Division, appeared before the Board to present this request.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to complete the remainder of the borrowing from the line of credit authorized by the Board on December 21, 1993, in the amount of $9,000,000.00; approval for the Chairman to execute all documents necessary for the closing; and approval to encumber and expend the funds needed to complete the borrowing.

The motion carried by a 4 - 0 vote.



OTHER BUSINESS

REPORTS

COUNTY ATTORNEY

Mr. Frank Gaylord, County Attorney, informed the Board of a correction on Tab 18 and Tab 19, final plat approval of Seminole Springs, Phase I Subdivision, and Upson Downs, Phase I, and acceptance of Check No. 34849 and Check No. 34848. He noted that the language should have indicated that the Board approve an Irrevocable Letter of Credit.

He further informed the Board that the County was proceeding with the closing of the Carroll Fulmer property at the Lake County Central Park, and distributed a memorandum, dated October 17, 1994, outlining the following action required by the Board: 1) Authorization for the Chairman to execute all necessary documents for the closing; 2) a waiver of repurchase rights as set out in the Declaration of Restrictive Covenants; and 3) a waiver of the State provision reserving mineral rights to governmental agencies.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved authorization for the Chairman to execute all necessary documents for the closing on the Carroll Fulmer Trucking Company property; a waiver of repurchase rights as set out in the Declaration of Restrictive Covenants; and a waiver of the State provision reserving mineral rights to governmental agencies.

The motion carried by a 4 - 0 vote.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved corrections on Tab 18 and Tab 19, changing Check No. 34849, and Check No. 34848 to an Irrevocable Letter of Credit.

The motion carried by a 4 - 0 vote.

Mr. Gaylord informed the Board that he had distributed a copy of the Statement of Intent to Find Compliance Plan Amendment 94-1 Not in Compliance by the Department of Community Affairs to the Board for review.

Mr. Gaylord reported on the status of the appeal to the Department of Community Affairs on the Land Development Regulations in regard to the vesting statute, and stated that it was scheduled for appeal on January 9, 1995 or January 18, 1995.

COUNTY MANAGER

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Mr. Pete Wahl, County Manager, presented the request for appointments to the Equity Study Commission for Lake County Occupational Licenses, and noted that two names recommended by the South Lake Chamber of Commerce have been added to the list of names that had been previously submitted by Mr. T. Keith Hall, Tax Collector. He noted that there were two additional positions authorized by the resolution and recommended that the Board approve the appointments of the nine members of the Equity Study Commission at this time, and address the two additional slots at a later time.

Commr. Cadwell stated that his concerns have not been addressed, and noted that the membership should include individuals that are licensed under the State Professional Regulations.

Commr. Swartz suggested that the Equity Study Commission review issues in regard to the present exemption of out-of-county septic tank and haulers, and review areas to determine if there was equity within the occupational licenses that currently exist and equity in terms of people being required to obtain occupational licenses who may not have traditional storefronts.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the appointments of the following individuals to the Lake County Equity Study Commission for Lake County Occupational Licenses: Mr. Rocky Harris; Mr. Richard A. Paul, CPA; Mr. Jimmie Tamsett; Mr. John D. O'Kelley; Mr. Ron Williams; Ms. Cherie L. Haertel; Mr. John Tench; Ms. Charlene Fauley; and Mr. Jim Wellborn.

The motion carried by a 4 - 0 vote.



COMMISSIONERS/COUNTY BUILDINGS

Mr. Pete Wahl, County Manager, informed that Board that they would be receiving an invitation to the "Ground Breaking Ceremony" for the new Lake County Animal Control facility on November 1, 1994, at 1:00 p.m.

COMMISSIONER HANSON - CHAIRMAN AND DISTRICT NO. 4

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Ms. Myra Smith to serve as a representative on the Board of Directors, Lake Community Action Agency.

The motion carried by a 4 - 0 vote.

COMMISSIONERS

Commr. Hanson brought up for discussion the option of renewing membership in NACO for 1995, and noted that the membership dues were not budgeted for the 1994-95 budget year.

The Board expressed no interest in renewing membership in NACO, and no action was required.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the reappointments of Ms. Kathleen Cantwell, Ms. Gail Burry, and Mr. Lonnie Strickland to the Health and Human Services Board.

The motion carried by a 4 - 0 vote.

COMMISSIONER SWARTZ - DISTRICT NO. 3

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Ms. Charlotte Lehner, to fill the District 3 position vacated by Ms. Denise Joiner, on the Lake County Citizens' Commission for Children. Ms. Lehner's term will expire June 7, 1997.



There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:45 p.m.

RHONDA H. GERBER, CHAIRMAN







ATTEST:







JAMES C. WATKINS, CLERK



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