The Lake County Board of County Commissioners met in special session on Tuesday, September 27, 1988, at 1:00 p.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; and Toni M. Austin, Deputy Clerk.
CONTRACTS, LEASES & AGREEMENTS/ORDINANCES
LAWS & LEGISLATION/MUNICIPALITIES
Mr. Ed Sledge, Piper & Marbury, appeared before the Board to present an overall explanation of the proposed ordinance, relating to the disposition of solid waste in Lake County, and directing the delivery of all solid waste generated within the County, and certain municipalities, to the resource recovery facility.
Discussion occurred regarding the Interlocal Agreement for Solid Waste Disposal Service, to be signed by 75% of the cities. Mr. Sledge stated that, should this percentage not be obtained, the County would not be obligated to proceed with the NRG contract.
Discussion occurred regarding the amount of waste that is recyclable, prior to incineration, and the possibility of the cities removing the high energy products, which produce the highest fuel, in terms of the County's guarantee of waste flow.
Mr . Sledge stated that the proposed Interlocal Agreement will be reviewed with the cities tonight.
Mr. Michael C. Willett, County Administrator, stated that, should the cities decide to recycle garbage, this would seriously affect the BTU content, and the guaranteed amount of garbage to be delivered to the incinerator.
Commr. Windram questioned the Mr. Chris Ford, County Attorney, as to a conflict of interest on his part, in the discussion of the proposed ordinances.
Mr. Ford stated that discussion of the proposed ordinances was strictly procedural, but should the contract be reconsidered, Commr. Windram should proceed with his conflict of interest.
Mr. Ford stated that, with the new recycling and solid waste law, it would become mandatory that the County make available to the cities the use of landfills, unless the cities can establish that they can dispose of the garbage, in a less expensive manner.
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss legislation regarding solid waste disposal, stating that, the County is responsible for solid waste management, for the County, as a whole, and the only way that a city can operate a landfill, once legislation has been enacted is, if the city already has an existing landfill, and only until such time that it has to be closed, after which, the city would then have to become part of the countywide system. Mr. Findell further stated that legislation requires the County to work with the cities, in the development of a recycling plan, but that the County cannot dictate what or how they can recycle.
Mr. Ross McKinney, Eustis, appeared before the Board and questioned certain aspects of the project.
At this time, it was announced that the special meeting being held today was to address the proposed ordinances pertaining to the project.
Commr. Smoak stated, for the record, that he continues to support the NRG contract and the incineration of waste in Lake County; however, he was not comfortable enough to rush into supporting the implementation procedures, that have been outlined, and will, from this point forward, not vote in the affirmative for any additional moves to implement this in a hurry up process.
Commr. Smoak stated that three of the members of the Board will be leaving, in a matter of weeks, with this project being the most massive, impacted, capital project, to be known in Lake County, and feels that the Board is working in a manner which is too hurried, without sufficient conversation and communication with the cities, and with the continued informstion being received, he did not feel he could vote to implement this in the restricted time frame, which is being requested.
It was noted that the proper proof of publication was on hand, as it appeared in The Orlando Sentinel The Lake Sentinel.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved to place the proposed Ordinance on the floor for its first and final reading.
Commr. Smoak voted "no".
On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board adopted Ordinance 1988-13, on its first and final reading, as follows:
AN ORDINANCE BY THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE DISPOSITION OF SOLID WASTE IN LAKE COUNTY; DIRECTING THE DELIVERY OF ALL SOLID WASTE GENERATED WITHIN THE COUNTY AND CERTAIN MUNICIPALITIES TO THE RESOURCE RECOVERY FACILITY DESCRIBED HEREIN: PROHIBITING THE UNLAWFUL DISPOSAL OF SOLID WASTE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ALTERNATIVE OR SUPPLEMENTAL AUTHORITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE.
Commr. Smoak voted "no".
CONTRACTS, LEASES & AGREEMENTS/ORDINANCES/MUNICIPALITIES
Mr. Ed Havill, Property Appraiser, appeared before the Board to discuss the impact that the proposed ordinance, providing for the imposition of, and assessing of, service charges for solid waste disposal within Lake County. Mr. Havill stated that he had only received the proposed ordinance a week ago, for review. He discussed the fiscal impact, in relation to the imposed fire tax, on the Property Appraiser's Office, which would involve a larger computer system; more office space; and more personnel.
Mr. Michael C. Willett, County Administrator, discussed the foreseen impact of expenses and problems, with the passage of this proposed ordinance.
Mr. Havill stated concern with the language of the proposed ordinance, with the County Attorney advising him that the ordinance is flexible, being a plan which can be modified in the future. He stated that he wanted to go on record, advising the Board that this plan will cost some money, and cause an impact on the Property Appraiser's Office and the Tax Collector's Office.
Mr. T. Keith Hall, Tax Collector, appeared before the Board to discuss the proposed ordinance. Mr. Hall stated that there are three methods being used by Lake County, dealing with special assessments, which he reviewed with the Board and staff. He further stated that there are several areas, which need to be revised, as Ear as wording, because some of the terminology is inaccurate. Mr. Hall stated that the terminology "service charge" cannot be used, with Chapter 197.363, Florida Statutes, presently prohibiting the use. He further discussed the conflict of when the non-ad valorem assessments will be delinquent, and what provisions exist for the collection. Mr. Hall stated that the Property Appraiser and Tax Collector will need to upgrade their computer system, which is now at its capacity.
Mr. Hall stated that legal counsel for the Property Appraiser's Association and the Tax Collector's Association are available to provide input, to the proposed ordinance.
Mr. Sledge discussed the "Uniform Collection Method", indicated on Page 3, of the proposed ordinance, and the models being used by Hillsborough County and Bay County.
Mr. Sledge stated that there is not an obligation proposed in the contract to pass the ordinances. He stated that the Board has until December 31, 1988, to take action on the proposed ordinances, or any revisions, which would comply to the current or future statutes, or administrative procedures.
Mr. Ford recommended postponing the proposed ordinance until the October 4, 1988, meeting, in order for the ordinance to be reviewed by all of the legal staff, the Property Appraiser and the Tax Collector, with the proper advertising already in order. Mr. Ford stated that he recommended the County use option "b" or "c", after consulting with other counties. He further stated that the timing for the financing is critical, and that you can assess a year in advance, prior to having the service available.
Mr. Sledge stated that the tipping fee could roll for the first year, until an amount is established, and then put the assessment in place..Commr. Smoak felt there might be some concern with placing the assessment on the tax bill, for collection, prior to the implementation of the project.
Mr. Ford stated that Hillsborough County and Bay County would not recommend using the tipping fee the first year.
Commr. Smoak requested that Mr. Willett obtain a definite opinion from the State, regarding the subject of recycling of garbage, and the County's requirements.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to postpone the public hearing on the above proposed ordinance, until October 11, 1988, at 1O:OO a.m.
Mr. Ford distributed to the Board members a copy of the proposed Interlocal Agreement, drafted by Mr. Sledge's office, which will be discussed with the cities, prior to October 11, 1988. Mr. Ford stated that he will request the cities to respond to the agreement before this set time.
RECESS & REASSEMBLY
At 2:55 p.m., the Chairman announced that the Board would recess for five minutes.
COMMITTEES/EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
PLANNING & DEVELOPMENT
Commr. Carson informed the Board and audience that he is the Chairman of the East Central Florida Regional Planning Council (ECFRPC) this year, and informed them that, the item to be discussed at the Council meeting tomorrow, will be the development of Wekiva Falls. At this time, Commr. Carson explained to everyone the procedures used by the Council and the Project Review Committee, in regards to such issues.
Commr. Bailey stated that he has been kept well informed of the issue of Wekiva Falls, because of his involvement with the Wekiva Task Force, and suggested that the Board wait to see what the recommendation from the East Central Florida Regional Planning Council will be.
Commr. Carson stated that the issue of Wekiva Falls will come before the Council as an appeal by the developer, of a recommendation made by the Project Review Committee, for denial.
At this time, he requested input from the Board, as to what position he should take on the issue.
Discussion occurred regarding the Board taking a position, without having the recommendation from the ECFRPC.
Mr. Michael C. Willett, County Administrator, stated that there are significant regional issues, with major concerns in fire protection, schools, land use, and compatibility with surrounding areas.
It was the feeling of the Board to wait until the project, and the recommendation from the ECFRPC, is presented, before making any decision on the issue.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:25 p.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/10-25-88