The Lake County Board of County Commissioners met in regular session on Tuesday, June 6, 1989, 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: c. w. "Chick" Grew, Chairman: Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk and Acting County Manager; Jim Schuster, Finance Director; Ava Kronz, Assistant to the County Manager: Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.
MINUTES
Discussion occurred regarding the Minutes of May 16, 1989, with Commr. Swartz requesting changes to be made to correct the spelling of the names of certain individuals, and to show him voting "no" on Page 9, to the amendments to the proposed ordinance relating to the disposal of garbage, and voting "no" on Page 35, Petition CUP#87/2/4A-4, Maury L. Carter.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the Minutes of May 16, 1989, as corrected, and May 25, 1989, (PAAB), as presented.
Commr. Windram was not present for the vote.
CLERK OF THE COURTS CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the following requests:
Accounts Allowed/Indigents
Request for payment of Warrant #94717 through Warrant #95308, for the following accounts:
Paisley Fire District Countywide Library
Bassville Fire District Pasco Fire District
County Transportation Trust General Revenue
Landfills Section 8
Revenue Sharing Countywide Fire District
Eustis Section 8 Mosquito Control
Northwest Fire District Law Library
Private Industry Council Emergency 911 Fund
Fine & Forfeiture Mt. Plymouth Fire District
South Lake Fire District Capital Outlay
Aquatic Weed
Northwest Ambulance Fish Conservation
Certificate of Indebtedness
Request for payment of the following indigents:
Patricia Burnham for Keith Bourronnais/$50.00/District #2
City of Mt. Dora, Utilities for Anna & Larry Moore
$50.00/District #4
Mrs. Arthur B. Ceder for Anna Moore/$50.00/District #4
Accounts Allowed/Courts-Judges
Request to approve the Term Bill of expenses incurred for Circuit Court work, for the period of October 1, 1988, through April 30, 1989, in the amount of $81,333.00.
Accounts Allowed/County Property
Request to approve and authorize proper signature on the Items to be deleted from Fixed Assets, for the month of May, 1989, in the amount of $2,976.05, as submitted by Don Gullickson, Records Supervisor.
Accounts Allowed/Assessments
Request to approve and authorize proper signatures on the Satisfaction of Assessment Lien paid by Wilma N. Williamson, in the amount of $212.13, Western Shores, Lot 180.
Accounts Allowed/Courts-Judges
Request to approve and authorize proper signatures on the following Satisfaction of Judgments:
a. Case Nos. 81-599-CJ, 81-724-CJ, $150.00, Floyd Laverne Threat, and E. F. and Louise Threat.
b. Case No. 84-30167TT30, $250.00, Robert M. Young, II.
c. Case Nos. 87-707-CJ, 88-1365-CJ, 88-665-CJ, 88-666-CJ, 88-667-CJ, $100.00, Richard B. Vanjoske, and Colleen Huckeba.
d. Case No. 89-304-CJ, $50.00, Earl Jason Chandler, and Harry and Charlene Chandler.
e. Case No. 89-260-CJ, $50.00, James Edward Lawson, and Zonnie Devlin.
f. Case No. CEB 4-89, $265.00, Wilder Corporation.
Private Industry Council/Reports
Request to acknowledge receipt of the Cumulative Participant Activity Reports for the Service Delivery Area, from July 1, 1988 to April 30, 1989, Volusia, Lake, Flagler, Private Industry Council, Inc.
Budgets/Public Works/State Agencies
Request to acknowledge receipt of the Tentative Five-Year Transportation Plan July 1, 1989, through June 30, 1994, Florida Department of Transportation Office of Management and Budget, March, 1989.
Ambulances-Hospital Districts
Request to acknowledge receipt of the Waterman Medical Center, Inc. North Lake Ambulance Operations Condensed Statement of Revenues and Expenses, for the year ended September 30, 1988.
Public Health/Reports
Request to acknowledge receipt of the 1988 Auditor's Report for Hernando/Sumter Community Action Agency (Mid-Florida Community Services, Inc.) Lake County Senior Services.
CLERK'S OTHER BUSINESS
BUDGETS
Mr. James C. Watkins, Clerk and Acting County Manager, discussed with the Board the Memorandum regarding the Tentative Budget Calendar for 1989-90.
Commr. Gregg suggested tentatively scheduling the Budget Workshop meetings for July 24-26, 1989, beginning at 9:30 a.m.
Mr. Watkins stated that he hoped to be able to recommend to the Board, by the third week in June, a tentative budget from the County Manager's Office. He suggested that, once he has met with the Division Directors, and tentative action has been taken on their budgets, he will submit them to each of the Commissioners for review.
Mr. Watkins stated that the Board members are more than welcome to appear at the workshops scheduled for June 14-16, 1989, with the Acting County Manager and the Division Directors, and if they should choose to do so, their attendance needs to be announced to the press.
Mr. Watkins stated that he will meet with Commr. Gregg to coordinate a schedule of department presentations.
ADMINISTRATIVE SERVICES
COMMITTEES/BUILDING DEPARTMENT/PERSONNEL DEPARTMENT
Mr. Glenn Timmons, Director of Personnel, appeared before the Board and stated that twenty-six Board employees were nominated as Employee of the Month for May. Each nomination was individually reviewed by the Personnel Committee. Ms. Carmen Carroll, Chief Permit Clerk in the Building Department, was selected for this award. She will receive a plaque, a $100.00 savings bond, and will be given a special parking place for one month.
At this time, Commr. Gregg presented the plaque and savings bond, and extended the Board's congratulations to Ms. Carroll.
PERSONNEL DEPARTMENT/PUBLIC WORKS
Mr. Glenn Timmons, Director of Personnel, appeared before the Board and stated that, under the Board approved Employee Recognition Program for years of service, the following individuals will receive five and ten year plaques: Clarence Archie, Laborer, Public Works, for five years of service; Woodrow B. Cowart, Equipment Operator III, Public Works, for ten years of service.
At this time, Commr. Gregg presented the plaque to Mr. Archie, and extended the Board's congratulations. Mr. Cowart was not able to be present, therefore, Mr. Bill Shumaker accepted the plaque in his behalf.
COUNTY MANAGER'S CONSENT AGENDA
Budgets/Contracts, Leases & Agreements/Mosquito-Aquatic Plant
Management
Commr. Bakich questioned Tab 25, the request for the contract amendment reducing allocation under the Cooperative Aquatic Plant Control Program (16C-54 F.A.C.), in the amount of $70,000.00, and execution of the appropriate budget amendment, with Mr. Don Findell, Director of Environmental Services, responding to the questions.
Bonds - Mobile Home
Commr. Swartz questioned Tab 37, regarding the cancellation of mobile home bonds. He discussed the procedures being used when a request is made for a cancellation of a bond, and stated that the bond should be collected before the individual appears before Code Enforcement.
Mr. James C. Watkins, Clerk and Acting County Manager, stated that the individuals would not be released from the bond, until the situation has been resolved.
At this time, the Board requested that Tab 37 be pulled from the Consent Agenda, in order for the Board to consider the request for cancellation of mobile home bonds.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the following requests:
County Employees/Personnel, Department/Agricultural Center
Public Works/Mosquito-Aquatic Plant Management/Planning
and Development
Request to award Service Certificates for Employees with one and three years of service for the following:
ONE YEAR OF SERVICE
Name Classification Division
Vicki I. Hatcher Clerical Assistant I Public Works
James R. Lynch, III Aquatic Biologist Mosquito Control
Kim P. Daugherty Equipment Operator I Public Works
Richard R.
Hartenstein, Jr. Code Inspector Planning & Dev.
THREE YEARS OF SERVICE
Jean A. Dempsey Secretary III Agric. Center
Bobby R. Russell Equipment Operator III Public Works
Sterling R. Clark Heavy Equipment Mechanic Public Works
Ernie R. Reid Heavy Equipment Mechanic Public Works
Accounts Allowed/Contracts, Leases & Agreements/Personnel
Department
Request to award the contract for the consultant study of the Personnel Classification and Pay Plan and Administrative Absences for Directors, to Cody and Associates, at a cost of $l2,OOO.OO.
Appointments-Resignations/Private Industry Council
Request for the reappointment of Gena Swartz, Donald Miller and Linda Every as representatives to the Volusia, Lake, Flagler Private Industry Council, for two-year terms of office.
Accounts Allowed/Commissioners
Request to purchase an IBM Wheelwriter 6 for the Board Office, at a cost of $657.00.
Budgets/Pollution Control
Request to amend the Pollution Control Department FY 88/89 Budget, adding $10,673.00 under the Machinery and Equipment line item, to reflect the receipt of a grant award from the Florida Department of Community Affairs to the Environmental Services Division, to prepare a Hazardous Waste Materials Response Plan.
Accounts Allowed/Budgets/Contracts, Leases & Agreements
Mosquito-Aquatic Plant Management
Request to approve the Contract Amendment reducing allocation under the Cooperative Aquatic Plant Control Program (16C-54 F.A.C.), in the amount of $70,000.00, and to execute the appropriate budget amendment.
Committees/Pollution Control/Resolutions
Request to approve the presentation of Resolutions and Plaques to Catherine Hanson, Richard Toole and Jack Dequine for their tenure of service on the Pollution Control Board.
Accounts Allowed/Contracts, Leases & Agreements
Emergency Management/Grants
Request to approve the Emergency Management of a Federal Matching Grant administered by the Department of Community Affairs, in the amount of $3,000.00 and signature on the agreement.
E911/Roads-County & State
Request from property owners to change Patricia Street to Bottomley Lane.
E911/Roads-County & State
Request from property owners to change the names of ten roads in Spanish Village Country Club.
Public Health/Resolutions
Request from Childhood Development Services for a Resolution supporting that agency as a Child Care Resource Center in the Central Florida area, at no cost to Lake County.
Public Health/Resolutions
Request from Lake Community Action Agency for a Resolution supporting the commemoration of the 25th Anniversary of the signing of the Economic Opportunity Act of 1964.
Agricultural Center/Contracts, Leases & Agreements/Fairgrounds
Request from the Lake Agriculture and Youth Fair to utilize the Lake County Fairgrounds from March 26 to April 28, 1990, for the sum of $1.00, and approve signatures on the agreement.
Grants/Municipalities/Right-of-Ways, Roads & Easements
Request to approve the amendment to the purchase price for the acquisition of right-of-way for Merrell Street, Community Development Block Grant Program, Southeast Umatilla.
Planning & Development/Subdivisions
Request for preliminary approval of Summit Landings Subdivision.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request for final approval of Scottish Highlands, Phases H, I, J, R, S, T, U, V, X, VV; to accept an Irrevocable Standby Letter of Credit, in the amount of $280,579.09 for performance: and execute and accept an Escrow Agreement.
Bonds - Mobile Home
Request to approve the new mobile home bond for Dale Adams, Mt. Dora Area, District #4, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted, and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit, or upon the request of the Board of County Commissioners.
Fire Protection/Road Projects
Request for "Certificate of Substantial Completion" on Fire Station District 3, Station 3, Lake Norris - Project #18-88 and substantial date of completion as May 11, 1989.
Fire Protection/Road Projects/Subdivisions
Request for "Certificate of Substantial Completion" on Fire Station District 6, Station 5, Pennbrooke, Project 19-88 and substantial date of completion as May 15, 1989.
Fire Protection/Road Projects
Request for "Certificate of Substantial Completion" on Fire Station District 9, Station 3, County Road C-561, Project #26-88 and substantial date of completion as May 15, 1989.
Accounts Allowed/Subdivisions/Signs
Request from the Sylvan Shores Association to purchase ten (10) stop signs, at a cost of $32.00 each, for a total of $320.00.
Accounts Allowed/Public Works
One-time maintenance on Via Marcia St., Section 33, Township 18, Range 24, as requested by Rev. Ernie Davis, Holy Trinity Church, for an estimated cost of $90.00.
Deeds/Right-of-Way, Roads & Easements
Request to accept a Right-of-Way Deed from Archie H. and Jeanette Hawkins, a Non-Exclusive Easement from Jimmy T. and Sylvia Scott, and to acknowledge this as being the western end of #5-8376, McCall Road.
Right-of-Ways, Roads & Easements
Request to accept Dedications to the Public (form which replaced Non-Exclusive Easements in connection with Large Lot Waiver easements), as follows:
Grantor OR Bk/Pg Case #
Dan T. Bradley, et al 798-2383 32-88
Glenn D. Parker, et al 798-2385 32-88
Neil H. Duttenhaver and
Priscilla Duttenhaver 798-2386 32-88
George R. Conn, Jr. and
Jackie D. Conn 963-0032 17-88
Porfirio Hernandez and
Paula Hernandez 967-1282 19-88
James C. Noice 968-1192 23-88
Charles A. Savage 968-1193 23-88
Steven H. Gray, Trustee 968-1525 39-88
Van H. Akin, II, Trustee 968-1526 40-88
Rolf Bergmann 977-0275 28-88
A. R. Chapman 977-0277 29-88
Robert B. Boswell 980-0420 30-88
Matt Haverkost and
Kelley Haverkost 980-0421 30-88
Danny Sesker and Susan Sesker 980-0422 30-88
Michael and Synthia Caamano 980-0423 31-88
Donald E. Sesker and
Marjorie E. Sesker 980-0424 30-88
Rodney and Romayne Ihrig 982-1759 43-88
Michael E. Ellis 985-0909 33-88
Darrell Thomas Sink, et al 985-1014 35-88
Libby's Fresh Food Company, Inc. 989-1700 44-88
Garrett 1-J. Biersborn 992-0240 47-88
Lake of the Woods, Mt. Dora, Inc. 992-0800 38-88
Robert L. Sloan and Carol A. Moss 994-0805 l-89
John W. Wilcox 994-2110 5-89
Richard D. Faircloth and
Emily G. Faircloth 994-2113 5-89
John G. and Kathleen A. Brouwer 996-1761 3-89
Lyle Freitag 998-1789 4-89
David Cato and Ann Cato 998-1790 4-89
George Wayne Blue II 1001-2397
1007-0160 (Corrective)
Auchar, Inc. 1002-0314
Mark K. D. Savage 1002-1030 8-89
Adrian R. Chapman 1002-1031 8-89
James C. Maynard and
Marilyn L. Maynard 1003-2292 9-89
Arthur Alexander 1003-2293 9-89
Lester Austin a/k/a Lester Austin III 1009-0203 13-89
George Siller and Adriana Siller 1007-2234 April/89
Donald H. Denzin and Sue Lynn Denzin 1007-2235 April/89
Cecil P. Gray 1007-2236 April/89
William G. Gray and Marilyn S. Gray 1007-2237 April/89
James M. Frazier, Jr.,
Individually and as Trustee 1008-0596 April/89
Solby, Inc., A Florida Corp. 1008-1733 April/89
Donna M. Wayt and Theodore C. Wayt 1011-0615 May/89
Deeds/Public Works
Request to execute Corrective Deed to Glenn L. Brown from Lake County, for a fruit truck loading ramp, deeded to Lake County May 3, 1957.
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following Right-of-Way Deeds:
Michael Jos Dynon & Susan L.
Dynon McKenzie #3-2035 Apshawa Rd.
Dwain E. Zagrocki #3-2035 Apshawa Rd.
Holy Trinity Church, Inc. #l-6104 Spring Lake Rd.
Everett & Clara Diamond #l-6104 Spring Lake Rd.
L. M. Bellis, Inc. #l-6104 Spring Lake Rd.
Trustees of New Salem Missionary
Baptist Church #l-6104 Spring Lake Rd.
Holy Trinity Church Marjorie St.
3-S Plumbing Inc. SR-46
Vivian Jones #3-0542 Lake Nellie Rd.
Sherry N. Huges #2-2924 Turkey Lake Rd.
Jeffrey Mark Freeman #l-5438 Lockwood St.
James & Nancy Mense #3-2447 Sugarloaf Mt. Rd.
Right-of-Ways, Roads & Easements
Request to accept the following Non-Exclusive Easement:
Calvin & LaVerne Lee #2-0609 Calvin Lee Rd.
Right-of-Ways, Roads & Easements
George & Sandra Kilian Venetian Village, 4th Add.
Larry G. & Phyliss Wys #5-97888 Acorn Rd.
Jack & Mary Boozer #5-97888 Acorn Rd.
BONDS - MOBILE HOME
Discussion occurred regarding Tab 37, request for the cancellation of mobile home bonds.
Mr. Daryl English appeared before the Board and requested an extention of his mobile home bond for one more year, and submitted pictures, in order for the Board to review the partially completed construction of his home. Mr. English stated that he anticipates completion of his home by this time next year, but that the construction has been privately done. It was noted that this would he the fifth renewal of his bond.
Mr. John Swanson, Director of Planning and Development, informed the Board of the guidelines established for the issuance of bonds, along with a review procedure, with the bonds having a one-year time frame.
Discussion occurred regarding the policy decision made by the Board to issue a mobile home bond for one year, with a one year renewal (total of two years), with no more extensions.
Mr. David Clapsaddle, Director of Development Coordination, informed the Board that there have been no complaints received on this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a one year extension on the bond for Daryl English, with no further extensions.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to cancel, and to pursue and collect the mobile home bonds for Haywood Richardson, Leesburg Area, District #2, and Kelly Lochrie, Ferndale Area, District #3, and if necessary, to use Code Enforcement to ensure the removal of the mobile homes.
ROAD CLOSINGS
PETITION NO. 530 Mario L. Mozzillo - Montverde Area
Mr. Jim Stivender, Director of Public Works, informed the Board that this petition has been presented to the Board several times, and involves a road closing, in relation to a development.
Mr. Stivender stated that the opposition is from Mr. Creech. He further stated that the applicant has gone through a series of agreements to provide access for Mr. Creech during and after the construction of the development.
Mr. Buford Creech, the son of Mr. Creech, appeared before the Board and stated that his father opposes any routing through his property, and opposes any conditions proposed for the routing.
The applicant was not present for the public hearing.
Commr. Swartz stated that, if the vacation was going to require Mr. Creech to travel a considerable distance out of his way to get to his property, it may not be reasonable access, but Mr. Creech will continue to have not only reasonable access, but paved access to his property. He stated that the road vacation resolution presented to the Board members contains provisions for the developer to follow, and at this time, reviewed these with
Mr. Creech and the Board.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to vacate right-of-way, Plat of Lake Highlands Company, Montverde Area, as advertised in Petition No. 53O, by Mario L. Mozzillo, including the provisions contained within the resolution.
COMMITTEES/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
OUTDOOR RECREATION
Commr. Swartz presented an update on the Recreation Committee and stated that the Committee requested the Board of County Commissioners to reconsider its previous action on four requests for funding, until adequate criteria could be established to ensure a fair and prudent expenditure of the funds.
Commr. Swartz discussed his memorandum of June 5, 1989, pertaining to possible recreation funding formulas, should the Board decide to take this action. Proposal A is strictly based on population, with $2.30 per capita being allocated to each agency, and Proposal B is based on library funding, with $3,609.38 being allocated to each agency plus $1.50 per capita.
Commr. Bailey stated that he was concerned with the omission of rural areas, with Commr. Windram stating that he strongly objected to reversing previous action taken by the Board. Commr. Windram further stated that the formulas were leaving out 67-70,000 people.
Commr. Gregg stated that he preferred to see the Board identify the total population in each district, and then, if the Board makes the decision to fund the cities to provide recreation, identify what population is served by that city. Commr. Gregg stated that he did not have a problem waiting for a reasonable formula, in order to divide the balance of the funding, but that he did have a problem with the Board rescinding previous action taken. Once the level of funding has been determined, the already approved amount of funding can be charged to that account.
Commr. Bailey stated that the County budgeted the funding for recreation to provide recreation in the County, and that it was not budgeted for the cities. He stated that he did not mind working with the cities, but felt that the Board should be working towards recreation in the County and the needs for the rural areas.
Commr. Bakich stated that he felt the specific needs that were requested within his district were justified, and that those cities have already budgeted those funds and have the programs developed.
Mr. James C. Watkins, Clerk and Acting County Manager, stated that, at some time in the future, there will be the need for the districts to be reconstructed.
Commr. Windram stated that he felt there would be enough needs for the funding in any one of the districts, and that he had no problem with crossing district lines, in order to assist in the development of recreation needs.
It was the consensus of the Board to use the voter registration rolls to put together a formula based on per capita per district.
Commr. Swartz stated that the staff is in the process of writing a request for proposal to send out for consultants, but that he did not feel that a proposal for the allocation of recreation funds could be submitted to the Board any earlier than the end of the year.
Commr. Bailey stated that he felt the Board should honor the requests that have already been approved by the Board.
Commr. Gregg stated that he would like to see the dollar amount based on per capita per district, and for the Board not to rescind the previous action taken on the four requests. He stated that he would like for Commr. Swartz to come back to the Board with figures to review at the next meeting.
Mr. Watkins suggested that the Board take the voters by district, figure the percentage, allocate the funds to the individual districts accordingly, not to projects, with the district commissioner bringing to the Board projects that they recommend be funded from that amount, for the Board to take action on.
Commr. Bakich stated that this may be the best direction to take until a definite program can be established by the consultants.
Commr. Swartz discussed the transfer of funds through interlocal agreements between the County and the municipalities, and was under the understanding that the intention of the Board was to find out the residents' needs, and to come back and let the County contract and bid. Commr. Swartz requested that Commr. Bakich talk with the people in Astor involved with the transfer of land to the County.
Commr. Swartz stated that he would have a proposal for the Board next week.
Commr. Gregg stated that it was the consensus of the Board to honor the approval of the previous requests.
ASSESSMENTS/SUBDIVISIONS
At l0:20 a.m., the Chairman announced that the advertised time had arrived for the public hearing on SA-61, Haines Creek Heights Subdivision, for the addition of 250' of Lakewood Drive.
No one present wished to discuss the request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board approved SA-61, Haines Creek Heights Subdivision, for the addition of 250' of Lakewood Drive.
Commr. Windram was not present for the vote.
COMMITTEES/APPOINTMENTS-RESIGNATIONS
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the appointment of Flo Lange, Sorrento, and David Cripe, Astor, as representatives to the Recreation Committee, for the unincorporated areas.
RECESS & REASSEMBLY
At l0:25 a.m., the Chairman announced that the Board would recess for five minutes.
ORDINANCES/PUBLIC HEALTH
At l0:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance concerning alcohol beverages and warnings of the dangers. It was noted that the proper proof of publication was on hand as it appeared in The Lake Sentinel, The Orlando Sentinel.
Mr. David Cleary was present and submitted information to the Board members from the Department of Health and Human Services, Synopsis of Key Recommendations Made to the Surgeon General by the Expert Panels, and to answer any questions that the Board might have pertaining to this issue.
No one present wished to discuss the proposed ordinance.
Mr. Watkins, Clerk and Acting County Manager, suggested that Mr. Cleary meet with Mr. Lonnie Strickland, Director of Health and General Services, and himself to discuss the size of the proposed warning signs.
Commr. Swartz discussed the ordinance being countywide, allowing the cities to participate, if they chose to do so.
Commr. Bailey made a motion, which was seconded by Commr. Bakich, to approve to place the following ordinance on the floor for its first and final reading by title only:
ORDINANCE CONCERNING ALCOHOL BEVERAGES, REQUIRING ALL VENDORS OF ALCOHOLIC BEVERAGES TO PLACE A SIGN ON THEIR PREMISES WARNING OF THE DANGERS OF ALCOHOL BEVERAGE CONSUMPTION: AND PROVIDING AN EFFECTIVE DATE.
Mr. Bob McKee, Chief Deputy Clerk, questioned the responsibility of the printing of the warning signs.
Commr. Swartz suggested that the signs be supplied to the vendors on a first time basis, with no charge.
Commr. Bailey amended his motion to include the provision to supply the vendors with the signs on a first time basis, with proper budget amendments being made; to include an effective date of July 15, 1989.
The Chairman called for a vote on the amended motion, to approve and adopt Ordinance 1989-7, by title only, which was carried unanimously.
CONTRACTS, LEASES & AGREEMENTS/AMBULANCES-HOSPITAL DISTRICTS
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the renewal of the Ambulance Contract with Waterman Medical Center, and an Addendum, which will contain agreements pertaining to the morgue: dispatching services for the County Fire System: an option to lease the facility in the event the contract is cancelled for cause or expires by normal expiration; and insurance coverage. The contract shall automatically renew for one additional year on September 30th of each year, so that at all times the contract shall have at least three years remaining, unless either party gives at least 90 days notice in writing of their intent to terminate the automatic renewal.
Mr. Zeb Osborne, Attorney representing Waterman Medical Center, appeared before the Board to discuss the insurance coverage and the memorandum presented by Mr. Gerry Jacobs, Risk Manager.
Mr. Chris Ford, County Attorney, presented the following amendments to be incorporated into the contract as follows:
1. The Board of County Commissioners, et al, is to be covered under the policies as an additional insured.
2. Comprehensive General Liability Insurance, including contractual liability coverage, is to be maintained in the amount of $1,000,000.00, for each occurrence.
3. Excess Liability Insurance is to be maintained, in the amount of $5,000,000.00.
4. Professional Excess Liability Insurance is to be maintained, in the amount of $5,000,000.00.
5. Automobile Liability Insurance is to be maintained, in the amount of $500,000.00 for each accident, with PIP. Automobile Comprehensive and Collision Insurance will be maintained with a deductible of Waterman's choice, and Waterman will be responsible for paying the deductible under any claim.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Addendum to the contract between Lake County and Waterman Medical Center, Inc., to include the insurance proposals as presented.
SUBDIVISIONS/ZONING
Commr. Gregg informed the Board that he had received a letter concerning Emerald Springs' PUD, which has been approved by the Planning and Zoning Commission. The staff was going to bring this before the Board at the next meeting, June 13, 1989, but this will put them four days behind on their year extension on the PUD. Mr. John Swanson, Director of Planning and Development, has requested that the Board grant the extension for one year.
Mr. Chris Ford, County Attorney, stated that he discussed the request with Mr. Swanson and staff, and suggested that the Board extend the PUD until the rezoning meeting, June 20, 1989, which is agreeable with the developer, in order for the Board to discuss the request thoroughly.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to extend the Emerald Springs' PUD until the rezoning meeting on June 20, 1989.
CONTRACTS, LEASES & AGREEMENTS/JAILS
Mr. Jim Kessler, Hellmuth, Obata & Kassabaum (HOK), appeared before the Board to make a presentation on the complete schematic design phase for the Criminal Justice/Jail Facility. Mr. Kessler stated that the internal plan has been refined, through working with the Sheriff's Department. He discussed the different levels to the pods and the tunnel, and directed the Board's attention to the schematic design plans. Mr. Kessler stated that he is anticipating two types of housing units, and showed an indirect version. He further stated that the entrance will coordinate with the facade of the Old Courthouse, in order to create a continuity for the Courts Facility across Main Street.
Mr. Kessler stated that HOK has not made a formal application to the St. Johns River Water Management District, and informed the Board that the consultants are analyzing the mitigation process, who feel that this is not an unusual request, and do not anticipate any problems.
Mr. John Dickinson, Barton Malow, appeared before the Board to discuss the schedule of work, and stated that the permit, for the St. Johns River Water Management District, will be completed by mid-July, with anticipated site work to begin in December. Mr. Dickinson presented each Board member with a Project Summary, with the present cost of the jail being $30.3 million dollars, including a five percent contingency (1.3 million dollars). He also brought to the attention of the Board the site premiums, which included Wetlands Mitigation Allowance ($llO,OOO.OO); Connecting Tunnel Allowance ($175,600.00); and Landscape/Hardscape ($50,000.00), for a grand total of jail construction cost of $30.7 million dollars, which is within one percent of the budget.
Mr. Dickinson stated that the original concept was 250,000 square feet, with an increase being made to approximately 270,000 square feet, in order to accommodate the Sheriff with his needs.
Mr. Dickinson stated that the present design will house 1,024 inmates, with four building units, which are comprised of eight housing pods. Seven of the pods will be two-man cells, with one pod being composed of four-man cells. This will allow immediate capacity of 1,024.
Mr. Watkins, Clerk and Acting County Manager, stated that part of the original idea of leasing space will become a practical revenue source to the County.
Mr. Dickinson stated that, with the changes made to the design, there will be no dormitories. He stated that Barton Malow is on schedule at this time, and the only delay would be the permitting through St. John River Water Management District.
Mr. Dickinson requested approval of the schematic design phase, as presented to the Board today, and the ability to proceed to the design development stage.
Mr. Watkins and Commr. Gregg stated that the request from Mr. Dickinson was the unanimous recommendation of the Jail Task Force Committee.
Mr. Mike McCabe, Project Manager, Barton Malow, stated that the only problem that he could foresee in obtaining the permit was the size of the site, and whether or not the County could detain or retain water on the site, but that calculations have shown that water can be detained on the site, it can be filtered properly, and be placed into the wetlands.
Commr. Gregg discussed the concept of direct versus indirect management, and stated that he met with Sally Graham, Orange County Corrections, and asked her to review these plans, and to inform him of the staffing numbers involved with each concept. She informed him that she did not recommend indirect management, and recommended direct, which would allow the County to do away with the control room, change the type of doors and the type of hardware on the cells, and to change the security glass to a standard glass. Commr. Gregg stated that he, Judge Aulls, and Mr. Watkins will be taking a trip to Orange County to tour the Genesis Jail Project, within the next two weeks, which has direct management. He informed the Board that a video tape is available for them to review, which shows both types of management.
Commr. Gregg stated that several experts have indicated to him that direct management leans more to the future, it offers a lower initial cost to the construction, and offers a lower operating cost and manpower reduction. He stated that direct and indirect management is still being considered.
Commr. Swartz stated that he would like to tour the two facilities in Orange County, at which time Mr. Watkins stated that he would comply with the request.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the schematic design phase, for the Criminal Justice/Jail Facility, as presented by HOK and Barton Malow.
RECESS & REASSEMBLY
At 11:38 a.m., the Chairman announced that the Board would recess until 2:00 p.m.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Chris Ford, County Attorney, introduced to the Board the experts involved with the Resource Recovery Project/Solid Waste Management Plan.
Mr. Ed Sledge, Piper and Marbury, appeared before the Board to present an overview of the contract. Mr. Sledge stated that Ogden Martin is building a privately owned incinerator plant, financed with industrial development bonds, based on the project's revenues.
The County's connection of the project is through a long-term service agreement, which expires in the year 2014. The County has two basic obligations under the service agreement, one being to bring garbage to the facility, and two, to pay a service fee, which will pay for the debt service on the facility, for a fixed Operation and Maintenance (0 & M) charge, for certain well defined passthroughs, less a credit equal to approximately 90% of the energy revenues. The County service fee is one of the primary components that makes the plant work. The other component is the garbage for the plant, because the garbage is burned and produces very substantial amounts of energy revenues every year. The energy revenues come from Florida Power, which is under a long-term contract to buy the power for the plant.
Mr. Sledge stated that the third major obligation of the County is to construct a residue landfill. He stated that Ogden Martin is agreeing to give title of the site to the County, in turn for a lease, ultimately allowing the County to control a facility site, once the site lease with Ogden Martin expires. This item, along with the electricity sales figures, will be presented to the Board in package form sometime in the summer.
Mr. Sledge discussed his background knowledge and education, in relation to resource recovery.
Mr. Sledge stated that the plant is guaranteed to take 163,000 tons of waste a year, with the County being able to reduce the commitment to 130,000 tons. Should the reduction occur, Ogden Martin will obtain the additional amount of tonnage from outside of the County. The energy revenues and the tipping fees will be credited to the County.
Mr. Sledge suggested that the County focus on the continuance of the weighing study, and the construction of the ash monofill.
Mr. Bill Reagan, Alex Brown and Sons, appeared before the Board and presented a financial overview and update on the Resource Recovery Project. Mr. Reagan discussed the difference between variable bonds and fixed rate bonds, and stated that he would be meeting with Smith Barney to analyze whether or not this would be the right time to consider conversion.
Commr. Gregg requested that Mr. Jim Schuster, Finance Director, work with the experts, and assist the Board in the determination of when to convert, and to make recommendations to the Board.
Mr. Peter Zent, Smith Barney, appeared before the Board to review the present bond status, and handed out charts consisting of the following information:
1. Effective of New Capacity Credits on Tipping Fee
2. Construction Period Risk Allocation
3. Operating Period Risk Allocation
4. Comparison of Construction Costs for Ogden Facilities
5. Comparison of Operation and Maintenance Costs for Ogden Facilities
6. Comparison of Electrical Outputs for Ogden Facilities
7. Future Steps to Consider:
a. Determine Source of Payment for Service Fee
b. Convert Bond Issue to Fixed Rate
c. Finalize Residue Disposal
Mr. David Livingston, Smith Barney, addressed the Board on the information supplied to the Board in the charts presented by Mr. Zent.
Mr. Joe Treshler, Ogden Martin, appeared before the Board and presented a slide show on the current state of construction of the resource recovery plant.
Mr. Al Malmsjo, R. W. Beck & Associates, appeared before the Board and stated that, at their last meeting, June 1, 1989, R. W. Beck & Associates concluded that the contractor is progressing satisfactorily, in respect to the schedule, and that there is no reason to believe that the project, based on the information presented, will not be completed on schedule and within the budget.
Discussion occurred regarding the method of paying solid waste disposal costs by tipping fees, or non ad valorem assessment, and the timeframe in which the Board would have to make this decision.
Mr. Ford stated that he had recommended that the Board plan for special assessments at the beginning of the year, if that was the method selected by the Board, and suggested that, should the Board decide at this point to go this route, it needed to proceed in a expeditious manner, in order for the tax roll to be complete for next year.
Ms. Claire Bartlett, Director of Solid Waste Management, addressed the Board on the amount of garbage collected for the months of April and May, which did not include garbage from Leesburg.
Mr. David Deans, Vice-President, Post, Buckley, Schuh and Jernigan, Inc., appeared before the Board and presented a Solid Waste Management Plan Update, which included the following items:
I. General Overview
A. PBS&J Assignments
B. Solid Waste Management Planning Process
II. Recycling Program
A. Recycling Element of Solid Waste Management Plan
B. Implementation Plan
C. Effect of WTE Facility
D. Recycling and Education Grant
III. Landfill/Ash Monofill Facilities
A. Landfill Siting Study
B. Ash Monofill Permitting & Design
Mr. Sledge stated that there are three systems to consider as follows:
1. Tipping fee - manadatory pickup turning garbage over to a hauler.
2. Non ad valorem special assessment on all residential waste, with the charge being placed on the resident's tax bill.
3. Non ad valorem special assessment on all commercial and residential, with a zero tipping fee.
Mr. Ford stated that four cities have signed the interlocal agreement, with one city concerned that the County had moved away from the idea of a special assessment.
Mr. Sledge discussed flow control and stated that the law allows the cities to form a flow control under a very carefully controlled set of conditions. The power of the County to impose the assessment in the city would have to be with the consent of the city. Then if the city did consent, there would be general law that would relate to assessments that would have to be reasonable.
Commr. Gregg suggested that Mr. Watkins instruct County staff to work with the experts, and be prepared to come back for a workshop with the Commission, the middle of next month, in order to evaluate special assessment versus tipping fees, in order to come to a conclusion at that time, and also recommendations concerning mandatory garbage collection. Commr. Swartz suggested that the staff also work with the haulers in forming the information being requested by Commr. Gregg.
Commr. Gregg directed staff to address the problem of Ms. Marilyn Bainter, regarding the garbage service she is receiving from Volusia County rather than from Lake County.
Commr. Gregg requested that Mr. Watkins and his staff be in the position to make recommendations regarding mandatory pickup being feasible, and whether or not the County has companies that can provide the immediate needs for Lake County.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:20 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/6-12-89/BCC