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BOOK �,� FArr r�f C <br />accused of being a corporate officer, which is absolutely on its <br />very face incorrect. He noted that his comments are given as a <br />County Commissioner; he is without counsel as his attorney is not <br />present. <br />Chairman Eggert stated she could understand Commissioner <br />Scurlock's personal position, even though she had voted not to <br />award the bid to Guettler, but her greatest concern is what is best <br />for the County at this time. She asked Assistant County Attorney <br />Terry O' Brien if he agreed that we should not take this step at <br />this time. <br />Attorney O'Brien certainly agreed that when the Board voted 3- <br />2 to award the bid to Guettler, a contract existed between the <br />County and Guettler. The signing of that contract was merely an <br />administrative act. Guettler could have gone to Court and had a <br />mandamus action for the signature of the Chairman to complete the <br />contract. The notice to proceed was issued because of the time <br />constraints, as expressed by Commissioner Bird, and everyone was <br />aware of that concern. Attorney O'Brien felt that the County has <br />a valid contract and that to stop Guettler at this point in time <br />perhaps would make us liable to Guettler for delay damages or any <br />damages that would be a result of him having to stop work. <br />Commissioner Bowman asked if any action taken today would in <br />effect prejudge the suit, and Attorney Collins answered, "Yes". <br />Commissioner Wheeler emphasized that he had voted against the <br />award to Guettler. While he could appreciate what Commissioner <br />Scurlock is saying, he felt the place to solve this is in front of <br />a Judge. He believed that the best interests of the County would <br />not be served by granting the 8 -day delay. <br />Chairman Eggert understood then that we would .continue the way <br />we are, and thanked Attorney Lawrence for coming this morning. <br />PUBLIC HEARING - SOLID WASTE COLLECTION FRANCHISES RESIDENTIAL <br />CURBSIDE RECYCLING CONTRACT <br />Chairman Eggert announced that this public hearing was placed <br />on the Agenda of the Meeting of the Board of County Commissioners <br />rather than on the Agenda of the Meeting of the Solid Waste <br />Disposal District that is scheduled to be heard after adjournment <br />of this meeting.. <br />Attorney Will Collins explained that some question has arisen <br />because this was advertised as a public hearing of the Solid Waste <br />Disposal District for the purpose of granting franchises for <br />residential curbside recycling. The Board of County Commissioners <br />has the power to grant franchises under a special act which - <br />includes garbage franchises, but the Solid Waste Disposal District <br />20 <br />