The Lake County Board of County Commissioners met in regular session on Tuesday, May 17, 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; Robert L. Wilson, Finance Director; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.
ACCOUNTS ALLOWED/CHECKS RECEIVED/BUDGETS/SHERIFF'S DEPARTMENT
Sheriff Noel E. Griffin appeared before the Board, with a check from the State of Florida, in the amount of $1,300.00, for gun permits. At this time, he requested that the Board acknowledge receipt of the check, and amend the Sheriff Department's budget, according to the Florida Statutes, by placing the $1,300.00 into the Operating Expense.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the check from the State of Florida, in the amount of $1,300.00, and approved the budget amendment by placing such funds into the Sheriff's Operating Expense Account.
STATE AGENCIES
Commr. Bailey introduced to the Board Mr. Ben G. Watts, Deputy Assistant Secretary to the Department of Transportation.
Mr. Watts informed the Board that he has scheduled meetings with each Board of County Commissioners, in the surrounding ten counties, within the district.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of May 10, 1988, as presented.
ACCOUNTS ALLOWED/COUNTY PROPERTY/FIRE DISTRICTS-FIRE
DEPARTMENTS
Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss the items to be deleted from Fixed Assets.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the deletion of the following items from Fixed Assets:
Prop# Dept. Item Amount Reason
8849 Pasco FD 1973 Chevrolet $1,300.00 To be junked
Truck
9132 Mt. Plymouth FD Pager 291.10 Destroyed
9134 Mt. Plymouth FD Pager 291.l0 Destroyed
10431 Southlake FD Portable Radio 568.00 Destroyed
10433 Southlake FD Portable Radio 568.00 Lost
10891 Mt. Plymouth FD Monitor Pager 317.00 Destroyed
$3,335.20
ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the payment of Warrant #80451 through Warrant #80899, for the following accounts:
Fine and Forfeiture Pasco Fire District
Paisley Fire District Landfills
Countywide Fire District General Revenue
Northwest Fire District Countywide Library
South Lake Fire District Mosquito Control
Bassville Fire District Mt. Plymouth Fire District
County Transportation Trust Private Industry Council
Capital Outlay Law Library
Sales Tax Resort & Development Fund Tax
Section 8 Aquatic Weed
Emergency 911 Fund Revenue Sharing
Road Impact Eustis Section 8
Northeast Ambulance Northwest Ambulance
Northeast Hospital
PRIVATE INDUSTRY COUNCIL/RESOLUTIONS/ACCOUNTS ALLOWED/REPORTS/
PUBLIC HEALTH/LAWS AND LEGISLATION/COMMISSIONERS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the following:
1. Cumulative Participant Activity Reports for Lake County from July 1, 1987, to April 30, 1988, Volusia, Lake, Flagler Private Industry Council, Inc.
2. Resolution No. R88-0061 of the Board of County Commissioners of Hillsborough County, Florida, expressing opposition to House Bill 13, in the 1988 Regular Session of the Florida Legislature, dated April 6, 1988.
3. Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending April 30, 1988, in the amount of $94,133.81.
4. District III Indigent Care Report, from the North Central Florida Health Planning Council, Inc.
CONTRACTS, LEASES AND AGREEMENTS/SHERIFF'S DEPARTMENT
STATE AGENCIES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the Sheriff's Service of Process Contract, for the Fiscal Year July, 1988 - June, 1989, from the Department of Health and Rehabilitative Services.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to have Scott Timmons, General Contractor, do repairs to the house by Public Works, at an estimated cost of $2,250.00.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for one or more diesel one ton cab and chassis, at an estimated cost of $15,000.00.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for partial payment to Trac Roadbuilders, for the following:
Project #2-88 Huff Road $ 39,278.70
Project #SA-59 Astor $251,217.42
ACCOUNTS ALLOWED/ASSESSMENTS/RESOLUTIONS/ROADS-COUNTY & STATE
ROAD PROJECTS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for final payment to Superior Asphalt, for Project SA-56 (Corley Island Extension), in the amount of $23,161.70, and acceptance of Corley Island Road South (Portion) #2-3411, into the County maintenance system.
CONTRACTS, LEASES AND AGREEMENTS/LIBRARIES
Ms. Mary McMahon, Library Coordinator, appeared before the Board and presented an explanation of the agreement between the Lake County Library System and CLSI, Inc.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signatures on the agreement between the Lake County Library System and CLSI, Inc., which designates CLSI as the vendor, which the libraries in the System will use for the purchase of automation equipment and software.
ACCOUNTS ALLOWED/ASSESSMENTS/RESOLUTIONS/ROADS-COUNTY & STATE
ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for final payment to Paquette Paving Co., Inc., in the amount of $34,545.00, for Project SA-58 (Ike Avenue), and acceptance of Ike Avenue #l-5137 into the County maintenance system.
ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for an amended assessment roll, on SA-53 Mt. Plymouth Subdivision, to correct the legal description on a parcel of land, and to delete two assessments, due to a duplication of assessments for a parcel of land.
ACCOUNTS ALLOWED/ASSESSMENTS/ROADS-COUNTY AND STATE
ROAD PROJECTS
Mr. Michael C. Willett, County Administrator, discussed with the Board the request for a change order, for Project SA-59 Astor, to add Ermine Road as a special assessment road, and to add Coon and Deer Roads, as a mandatory assessment. Be stated that this would increase the project cost $225,452.10.
Commr. Carson made a motion, which was seconded by Commr. Bailey, to approve the above request.
Commr. Smoak discussed the need for the mandatory assessment program, if you do not have the people requiring the service. He stated that he would like to see the people given the opportunity to participate in a voluntary lien assessment program, before the County goes mandatory.
At this time, the Chairman called for a vote on the motion, which was carried.
Commr. Smoak and Commr. Windram voted "no".
ASSESSMENTS/BIDS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids, on a special assessment Project SA-61, for Dawn Drive, Haines Creek Heights, Lisbon Area.
CONTRACTS, LEASES AND AGREEMENTS/STATE AGENCIES/ROADS-COUNTY
AND STATE
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures on the traffic signal maintenance agreement with DOT, for signals at SR 500 (US 441)/CR 44 and SR 25/500 (US 27/441)/Eagles Nest Road.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 500 - Rufus B. Ward - Leesburg Area
Mr. Henry Pringle, representing Mr. and Mrs. Purdum, and himself, and Mr. Dewey Burnsed, Attorney, appeared in opposition to the request.
Ms. Debbie Hall, Lake Land Planning, representing Rufus B. Ward, appeared before the Board to discuss the request. Ms. Hall stated that he would like to vacate a 15 foot easement, due to Mr. Ward owning all of the property on both sides of Clark Street. It is not a County maintained road and has never been open. She stated that the 15 foot easement goes back into a bay head. In order for a road to be placed in this area, permitting would have to be done through the St. Johns River Water Management District, the Department of Environmental Regulations, and the County. She further stated that it does not affect any other ingress/egress. She stated that Mr. Ward has four lots, with one of the lots already being sold, but with a title search showing a 15 foot right-of-way. Litigation would have to take place, in order for Mr. Ward to obtain the permit from St. Johns.
It was noted that the proper proof of publication was on hand as it appeared in the April 27, 1988, and May 4, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
At this time, discussion occurred regarding the 15 foot right-of-way appearing on the plats, but with no indication of the width.
Mr. Burnsed appeared to discuss the plats, stating that the original plats included a 15 foot easement on both sides, for a total of 30 feet.
Commr. Carson made a motion, which was seconded by Commr. Smoak, to postpone action on this petition for 30 days, and request that the parties involved meet, and work out their differences of opinion, in relation to the right-of-way.
Mr. Chris Ford, County Attorney, stated that most legal opinions involve vacating old plats, because of the legal question of overplatting.
Mr. Ward appeared before the Board to discuss the request.
The Chairman called for a vote on the motion, which was carried.
Commr. Bailey and Commr. Smoak voted "no".
Petition No. 503 - James D. Holden - Howey-In-The-Hills Area
Mr. Billy McLain appeared before the Board to express his concern with the request. He stated that he was not in opposition, as long as he will be given a cul-de-sac, for a turn around.
It was noted that the proper proof of publication was on hand as it appeared in the April 27, 1988, and May 4, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
Commr. Burhans informed the Board that there are two letters on record, from Nilda Jaime and Carlos Jaime, in favor of the vacation.
Commr. Smoak stated that a fair approach would be to require a dedication of sufficient right-of-way for a cul-de-sac.
Mr. Chris Ford, County Attorney, stated that the Board could not legally require this to be done, because this would be placing a condition on the closing of the road; however, there would be no problem in having the parties get together and form an agreement, placing it in writing, and putting a legal description on it, granting the cul-de-sac.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone action for 30 days, on the request to vacate a portion of Sunset Drive, First Subdivision of Howey-in-the-Hills, by James D. Holden.
Petition No. 505 - Gerald Eulett - Minneola Area
Commr. Smoak declared a conflict of interest, due to being an adjacent property owners and abstained from discussion.
Mr. Leonard Baird, Attorney representing one property owner to the south and one property owner to the west, appeared before the Board to object to the closing of the road, due to the fact that the road is presently being used by adjacent property owners, for agricultural purposes. At this time, he requested clarification of the request.
Mr. Michael C. Willett, County Administrator, recommended approval of the vacation, subject to a 40 foot easement along the north and south property lines.
Mr. Eulett appeared before the Board to discuss the trees, which have been planted on the property line, stating that the road is not needed.
It was noted that the proper proof of publication was on hand as it appeared in the April 27, 1988, and May 4, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
Mr. Chris Ford, County Attorney, stated that the County cannot close a road and reserve an easement.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board denied the request to vacate right-of-ways and lots, Howey Subdivision, Minneola Area, as requested by Gerald Eulett, Petition No. 505.
Commr. Smoak declared a conflict of interest and did not vote.
Commr. Carson was not present for the vote.
Petition No. 506 Franklin D. Longenbach Clermont Area
Mrs. Maria Rutledge appeared before the Board to discuss the request. At this time she questioned the proposed zoning and the development of the property, stating that she felt the Board should know the development intended for the property, prior to the approval of the request to vacate the streets and lots.
It was noted that the proper proof of publication was on hand as it appeared in the April 27, 1988, and May 4, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to vacate streets and lots, Monte Vista Park Farms, in the Clermont Area, Petition No. 506, by Franklin D. Longenbach.
Commr. Windram was not present for the vote.
COMMISSIONERS
At l0:30 a.m., the Chairman announced that the public presentation regarding the Wekiva River Buffer Rule, would be postponed until 10:45 a.m.
PUBLIC HEARINGS - ROAD CLOSINGS (CONT'D.)
Petition No. 507 - R. Dewey Burnsed - Okahumpka Area
No one present wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the April 27, 1988, and May 4, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to vacate a plat and roads, Hooks Estates, in the Okahumpka Area, by R. Dewey Burnsed.
RESOLUTIONS/WATER RESOURCES
Mr. Henry Dean, Director of the St. Johns River Water Management District, and Mr. Joe Hill, Board member from Lake County, appeared before the Board to discuss the most recent Governing Board action, in April, 1988, in which a buffer zone rule was proposed for the Wekiva River.
Mr. Dean highlighted the Summary of Draft SJRWMD Rule Wekiva River Hydrologic Basin, stating the overview as follows:
The draft rule proposes additional, more stringent, standards for proposed development in the Wekiva basin. These standards will be applied to projects which must receive MSSW permits from the District.
I. Reduction of Permit Thresholds in Basin North of S.R. 436
II. Erosion and Sediment Control and Water Quality
III. Limitation on Drawdown
IV. Riparian Wildlife Habitat
Mr. Dean discussed Lake Apopka, with issues involving the District's current regulatory efforts, with respect primarily to the existing ongoing muck farms around the north shore of Lake Apopka. He stated that there are other farms they will be looking into immediately. Mr. Dean stated that, in two weeks, the St. Johns River Water Management District will take full jurisdiction from the Department of Environmental Regulations over agricultural discharges, when the rule takes effect June 1, 1988. Mr. Dean discussed litigation issues involving A. Duda and Sons.
Mr. Dean discussed the Lake Apopka Act, passed in 1985, and the 1987 SWIM Legislation, and the Marsh Flow and Restoration Project. He stated that the funding will continue for the inlake projects.
Mr. Dean informed the Board that legislation is in both houses in Tallahassee regarding appropriations for the purchase of property west of the Apopka-Beauclair Canal.
Commr. Bailey made a motion, which was seconded by Commr. Smoak, for the Board to adopt a resolution supporting the draft for the St. Johns River Water Management District buffer rule.
Mr. Steve Richey, Attorney, appeared before the Board, and stated that, on behalf of the Wekiva Falls Project, a letter has been written to the St. Johns River Water Management District supporting the buffer rule, and requested support of the Board of County Commissioners.
The Chairman called for a vote on the motion, which was carried unanimously.
Commr. Bailey stated that he would like the Board to direct the staff to look at some of the other Wekiva areas, in relation to the 10 acre threshold, which are not covered by the St. Johns buffer rule.
RECESS AND REASSEMBLY
At 11:25 a.m., the Chairman announced that the Board would recess for five minutes.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No. 508 - Richard D. Nusbaum - Ferndale Area
Mr. Michael C. Willett, County Administrator, informed the Board of a potential problem with the request, in relation to access, but recommended approval of the advertisement.
Mr. Nusbaum, applicant, appeared before the Board and stated that there is access off Ferndale Road, which is a County road.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to advertise to vacate that portion of Holley Street, Ferndale Subdivision, Ferndale Area, in Petition No. 508, by Richard D. Nusbaum.
Commr. Windram was not present for the vote.
Petition No. 509 - Barbara Hyndman - Leesburg Area
Mr. Michael C. Willett, County Administrator, recommended denial of this request.
Ms. Barbara Hyndman, applicant, appeared before the Board to discuss the request. She stated that this is a County road, which is not County maintained. Ms. Hyndman stated that there are other alternative accesses, but there is a problem with four-wheelers using the road and making a clay pit.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise to vacate a portion of a road known as Velma Terrace, Leesburg Area, in Petition No. 509, by Barbara Hyndman.
Petition No. 510 - Jack and Dorothy Lacy - Forest Hills Area
Mr. Michael C. Willett, County Administrator, stated that the County Attorney needs to investigate this request, because this is the only access to the lake, which has been fenced off, and is in code violation.
Mr. Culligan appeared before the Board and stated that the property was dedicated as a water-front park, and is not a road to vacate.
Commr. Smoak made a motion, which was seconded by Commr. Bailey, to approve the request to advertise to vacate Lot 39, Plat of Lake St. Claire, Forest Hills Area, in Petition No. 510, by Jack and Dorothy Lacy.
Mr. Jack Lacy, applicant, appeared before the Board and presented an explanation for the request.
The Chairman called for a vote on the motion, which was carried unanimously.
Petition No. 511 - Thaddeus T. Dudek - Mt. Dora Area
Mr. Paul Hannah, representing the applicant, appeared before the Board and stated that he had a petition from the property owners favoring the vacation.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise to vacate roads and lots, Dora Vista Subdivision, Mt. Dora Area, in Petition No. 511, by Thaddeus T. Dudek.
ROADS-COUNTY AND STATE
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to change the name of Bunker Drive #l-5033, Section 14 and 15, Township 19S, Range 25E, to Bunker Road #l-5033.
ACCOUNTS ALLOWED/BONDS/RESOLUTIONS/ROADS-COUNTY AND STATE
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept Mardon Circle, #5-8688, into the County maintenance system, and to accept a maintenance bond, in the amount of $4,620.00.
ACCOUNTS ALLOWED/BONDS/RESOLUTIONS/ROADS-COUNTY AND STATE
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept Windy Hill Drive, #4-6279, into the County maintenance system, and to accept a maintenance bond, in the amount of $1,893.00.
ROADS-COUNTY AND STATE/SIGNS/PUBLIC WORKS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to post CR #2-2704 and CR #2-2607, Austin Merrit Road, with "No Thru Trucks" signs, from C-48 to C-33.
DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
Montevista Missionary Baptist Church #3-0740 Cemetery Rd.
Orange Buick Company #3-2439 S. Buckhill Rd.
Chester C. Fosgate Co. #3-2439 s. Buckhill Rd.
Edward R. Vrablik #3-2541 Bruce Hunt Rd.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
COUNTY PROPERTY
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to enter into a contract with Robbie Thomas, in the amount of $30,000.00, for the purchase of a lot and structure located in Block 45, adjacent to the old Sign Shop.
ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR/JAILS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for Kathy McDonald, Assistant County Administrator, to travel to Bartow, May 24, 1988, for a meeting with Barton-Malow, and to attend a Construction Management and Control conference in Tampa, on May 25, 1988, at an approximate cost of $215.00.
COUNTY ADMINISTRATOR/COURTHOUSE
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Airborne Express, to place a drop box on County property.
JAILS/MUNICIPALITIES/RIGHT-OF-WAYS, ROADS AND EASEMENTS
CONTRACTS, LEASES AND AGREEMENTS
Mrs. Kathy McDonald, Assistant County Administrator, presented an update on the Criminal Justice/Jail Facility Project. Mrs. McDonald informed the Board that the County has met with the City of Tavares, regarding the purchase of a parcel of property, previously approved by the Board; and the fact that the County Attorney's Office is in the process of having an appraisal done, in order to establish a value. There is the possibility that the City of Tavares might want to discuss a property swap, for some of the property that the County has been purchasing downtown. She discussed the ten acres, and an additional nine acres, which would access a 30 foot old right-of-way that is platted there, that would take you to Highway 19. Mrs. McDonald informed the Board that she has spoken to the property owners, who are willing to work with the County, for an additional right-of-way donation. Mrs. McDonald recommended the purchase of the two parcels discussed.
Mrs. McDonald informed the Board that Jammal & Associates, Inc. has determined that there are no soil problems, based on the preliminary work that they have done, and that further testing would not be necessary, due to the extensive testing, which has been done in this area.
Commr . Windram stated that he concurred that the County needs a better access than Woodlea Road.
Commr. Windram stated that he had written to Mr. Robert Messmer, Hellmuth, Obata & Kassabaum, Inc. (HOK), requesting clarification of the recommendations made by the Board. At this time, he distributed copies of the correspondence received from Mr. Messmer.
Mrs. McDonald stated that the approximate cost, to purchase the additional nineteen acres, would be $60,000.00, with the cost of the road to be approximately $150,000.00.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved for the County staff to negotiate a contract for the additional nineteen acres, to purchase by option from the property owners, contingent upon the option not being exercised, unless the County acquires the City of Tavares property.
ACCOUNTS ALLOWED/MOSQUITO-AQUATIC PLANT MANAGEMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Hoard approved the request from Mosquito-Aquatic Plant Management, for James Lynch to attend the Aquatic Weed Management Short Course, June 20-23, 1988, at the University of Florida, in Gainesville, at an estimated cost of $361.00.
CONTRACTS, LEASES AND AGREEMENTS/WATER AUTHORITY
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signatures on the Annual USGS Cooperative Funding Agreement between Lake County Water Authority and USGS.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Pollution Control, for Mike Wilson to attend the DER Ambient Ground Water Monitoring Program meeting, in Tallahassee, on June 1, 1988, at an approximate cost of $163.00 (to be reimbursed by DER).
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Pasco and Northwest Fire Districts, to purchase one camper top each, at an estimated cost of $650.00 per top.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Mt. Plymouth Fire District, to purchase a 1974 International Tanker, from the City of Orlando, at a cost of $2,000.00.
ASSESSMENTS/FIRE DISTRICTS-FIRE DEPARTMENTS
Mr. Michael C. Willett, County Administrator, stated that discussion was scheduled regarding adding certain miscellaneous buildings to the fire structure tax assessment.
Commr. Burhans suggested postponing the discussion until the next Board meeting.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to postpone the discussion regarding adding certain miscellaneous buildings to the fire structure tax assessment, until the regular scheduled Board meeting, June 7, 1988.
Commr. Bailey was not present for the vote.
FIRE DISTRICTS-FIRE DEPARTMENTS/PUBLIC HEALTH
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for a letter of appreciation, to Lakeview Terrace Retirement Community, for offer of assistance during the forest fire, on May 6, 1988.
Commr. Bailey was not present for the vote.
COMMITTEES/PLANNING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request, from the Board of Examiners, to grandfather in William Bass, as a roofing contractor.
Commr. Bailey was not present for the vote.
PLANNING DEPARTMENT/ORDINANCES
Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board to discuss an addressing ordinance, and made a request to advertise such.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to advertise an addressing ordinance, as requested by Mr. Marchese.
Commr. Bailey was not present for the vote.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for cancellation of the following mobile home bonds:
Marshall Pettrey - Pine Lakes Area - District #4
Mervyn Baker - Rollingwood Subdivision - District #4
Commr. Bailey was not present for the vote.
BONDS/DEVELOPMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the plat for The Vistas, Phase I, subject to a performance bond being placed with the County, as recommended by Mr. Michael C. Willett, County Administrator.
Commr. Bailey was not present for the vote.
MUNICIPALITIES/RESOLUTIONS/ROADS-COUNTY AND STATE
Commr. Smoak informed the Board that the City of Minneola has considered making Highway 561, around Lakeshore Drive in Clermont and Minneola, a"No Thru Truck Traffic" zone. He stated that the City of Minneola would then have to maintain Highway 561 as a City road. The City has reconsidered their position and has passed a resolution petitioning the Lake County Board of County Commissioners to make a "NO Thru Truck Traffic" zone on Highway 561, thereby rerouting the truck traffic.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to support the petition, from the City of Minneola, and to work with the City of Clermont and the City of Minneola to effectuate that move.
Commr. Bailey was not present for the vote.
RIGHT-OF-WAYS, ROADS AND EASEMENTS/PUBLIC WORKS
Commr. Smoak informed the Board that there are several roads, in District Three, where the County has been trying to acquire the right-of-ways for some time.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board instructed the Public Works Department to proceed with a County maintenance map, on those areas which the County has not acquired right-of-way, by the end of July, 1988.
Commr. Bailey was not present for the vote.
COMMISSIONERS
Commr. Windram informed the Board, as public information, that he is now associated with Romac Lumber & Supply, Inc.
BONDS/JAILS
Mr. Roger Conner, Tavares, appeared before the Board to discuss scheduled public meetings, regarding the proposed jail site. He stated that, at the meetings, there was never any other discussion regarding the site being anywhere other than downtown Tavares, west of the Courthouse.
Mr. Chris Ford, County Attorney, stated that there was no requirement to place in the referendum, the location of the Criminal Justice/Jail Facility.
Mr. Conner stated that no one would have voted for the jail bond issue, if any other site was to be considered.
CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS
Mr. Chris Ford, County Attorney, recommended postponing the NRG issue until later in the afternoon, due to the engineer having a delayed air flight.
Commr. Smoak stated that he felt we need to discuss other matters today, other than the contract, including a net total cost comparison of the project, and the companies involved, and all alternatives.
RECESS & REASSEMBLY
At 12:35 p.m., the Chairman announced that the Board would recess for lunch and return at 2:45 p.m., for the update of Resource Recovery.
CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS (CONT'D.)
Commr. Windram informed the Board that he would be declaring a conflict of interest, in relation to the NRG project, due to having an interest in the entity of Romac Lumber & Supply, Inc. Therefore, he would refrain from discussion and voting on the issue.
Mr. Dan Robuck, representing NRG, appeared before the Board to discuss the negotiated contract between Lake County and NRG, and the importance of expediting the contract, in order to meet tax deadlines, to gain tax benefits. Mr. Robuck informed the Board that there is a conflict between the attorneys, as far as a start-up date, in relation to obtaining tax benefits.
Mr. Robuck referred to Addendum XI, Page 41, Article IX (e), of the NRG/Lake County Agreement (As Amended and Restated), which was distributed to the Board members for review, as follows:
(e) The County shall have enacted the Waste Flow Control Ordinance and Service Fee Ordinance, as contemplated in Schedules 7 and 12 hereto, and shall have caused the cities within the County, containing at least 75% of the County population located in incorporated areas, to have adopted or enacted similar ordinances in their respective jurisdictions.
Mr. Robuck stated that the County still needs to approve the following, after today:
1. Financing Agreement
2. Construction Contract
3. Feasibility Study
Mr. Robuck discussed the formula used to determine the tipping fee, and showed a comparison of tipping fees and projected tipping fees. He stated that the Board needed to answer questions regarding the option on the boilers and the option of financing. At this time, Mr. Robuck requested that the Board approve the passage of a resolution.
Mr. Robuck distributed to the Board literature from Badcock & Wilcox, which designs, manufactures, and erects energy systems and components.
Mr. Ed Sledge, Piper & Marbury, P.A., Washington, Attorney representing the County, appeared before the Board to discuss the financing issue of the NRG project, and the flow of funds, as well as the commitments that the County will be undertaking. Mr. Sledge presented charts containing projection information.
Mr. Sledge discussed the differences between a mass burning plant and a refuse derived fuel (RDF) process.
Mr. Jeff Clunie, R.W. Beck L Co., appeared before the Board and presented a brief background of the process known as waste-to-energy, in the United States.
Mr. Welton Cadwell, City of Umatilla, appeared before the Board to stress the importance of the cities involvement in the NRG project, and to inform the Board of the future closing of the Umatilla Landfill.
Mr. Mike Stearman, City Manager of Eustis, appeared before the Board and stated that the cities would like an opportunity to sit down with the County Commission and staff, in order to become comfortable with the project, and discuss all alternatives available. Therefore, he requested a 30 day postponement of action.
Mr. F. Browne Gregg, owner of NRG, appeared before the Board and stated that a contract was necessary, at this time, in order to gain tax benefits, and to negotiate the necessary financing of the project. He stated that he would be more than willing to sit down with the cities to discuss the project, but requested that the Board approve the form, in which the contract is presented today.
Mr. Clunie discussed the tax benefits being worth approximately one million dollars a year deduction in the debt service, which will equal approximately $5.00-$6.00 a ton on the tipping fee.
Commr. Smoak made a motion, which was seconded by Commr. Carson, for the Board to proceed with NRG, as stipulated today, and request additional representation, from Mr. Clunie and Mr. Sledge, to meet specifically with the Board of County Commissioners, and the City officials within the County, to further explain and review the contract, proposing that the Board proceed with the agreement with NRG, that is non-binding, subject to final approval by the Board of County Commissioners, based on the final contract form.
Mr. John Wooten, Smith & Barney, appeared before the Board to discuss the procedures for financial security, once the Board has presented its intent of desire for the project.
Commr. Smoak stated that the intent of the motion is to proceed with the plant utilizing NRG, subject to the conditions as outlined today, and that the Board, indepth, seek the advise of the council of the legal and engineering staff, and that the Board and the representatives from the cities meet in workshop sessions to review the contract, and any recommendations made by the legal advisors, and to not execute a contract at this time.
Mr. Rick Stephens, Holland & Knight, appeared before the Board to discuss a concern regarding the signing of the contract for the necessary tax credibility in the financial market. He suggested that the contract be signed in 7-10 days.
Mr. Chris Ford, County Attorney, stated (for the record) that the Board should not sign a contract, until they are advised by Mr. Sledge and Mr. Clunie.
Commr. Smoak included in his motion a scheduled special meeting for May 19, 1988, at 9:30 a.m.
The Chairman called for a vote on the motion, which was carried.
Commr. Windram declared a conflict of interest, and abstained from voting.
Mr. Stearman suggested the Board consider broadening the districting concept, to be basically a solid waste management authority, to include collection, and not just disposal at the facility.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:50 p.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/S-26-88