The Lake County Board of County Commissioners met in special session on Thursday, May 14, 1992 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: Michael J. Bakich, Chairman; Don Bailey; Richard Swartz; and Catherine Hanson. Commr. Gregg was not present due to a prior commitment. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; James C. Watkins, Clerk; and Sandra Carter, Deputy Clerk. Various members of the media were also present.
JOINT MEETING WITH THE CITY OF EUSTIS - SOLID WASTE AGREEMENT
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Commr. Bakich opened the meeting stating that this portion of the meeting would be a joint session with representatives from the City of Eustis to discuss the matter of the proposed agreement between the City of Eustis and the County pertaining to the issue of solid waste and inequities involved with it.
Present representing the City of Eustis were Harry W. Dandridge, Mayor; Homer E. Royals, Vice-Mayor; Theodis J. Bob, City Commissioner; Evelyn H. Smith, City Commissioner; Mike Stearman, City Manager; Jim Myers, Finance Director and City Clerk; Lewis W. Stone, City Attorney; and Sandra Scott, Recording Secretary.
Ms. Annette Star Lustgarten, County Attorney, informed those present what had transpired, up to this point, concerning the matter.
Mr. Pete Wahl, County Manager, stated that the intent of this meeting is that the Board recognize the situation as it exists and that said agreement proposes a mechanism to address that inequity at whatever level it is determined to be.
Commr. Swartz questioned Ms. Lustgarten, County Attorney, and Mr. Stone, City Attorney, City of Eustis, as to what the language contained in Paragraph 5 of the agreement commits the County to, if
the Board approves said agreement, to which Ms. Lustgarten, County Attorney, responded, stating that said language states that by October 1, 1992, the Board of County Commissioners will adopt an ordinance, resolution, or policy to create a revenue collection program in the unincorporated areas of Lake County, using a billing system (either non-ad valorem assessments or fees) on the inhabitable living units in the unincorporated areas, permitting the Board to take formal action in order to create such a system. She stated that it does not commit the Board to the uniform method (which the Board has the authority to do), but, does commit the Board to creating a revenue collection program for the unincorporated areas, to which Mr. Stone concurred.
Commr. Swartz then referred to a memorandum from Mr. Wahl, County Manager, to the Board, dated May 11, 1992, concerning the issue at hand, stating that he is pleased with the memo as he feels it addresses concerns that he had voiced at the last joint meeting which had been held between the Board and the City of Eustis. He referred to Item (b) in said memo, stating that it acknowledges the City's position that an inequity, of some degree, exists for all people who have had collection services, either on a mandatory basis or a voluntary basis. He stated that this recognizes the applicability of the inequity to those residents of the unincorporated areas who have had voluntary collection. He stated that, in the agreement itself, it does not use those terms at all and that he would like to have language added to the agreement that the City acknowledges that fact, if they do acknowledge it.
A brief discussion occurred regarding this matter, at which time Mr. Stone, City Attorney, City of Eustis, stated that the agreement does not contain a provision for people in the unincorporated areas, nor was it intended to contain such a provision. He stated that the formula, however, does contemplate, in the amount of money that the City would receive back from the County, or be able to retain, the fact that there were people in unincorporated areas who participated in the program.
Commr. Swartz stated that he realizes the City of Eustis is not in a position to affect any corrections with regard to those people in the unincorporated areas of the County - that the County is going to have to try and do that, if, in fact, it is the County's intention to do it, but, he would assume that the City would not object to having in the agreement an acknowledgement that it recognizes the applicability of that inequity, for the residents of the unincorporated areas who have been having voluntary collection, so that it is clear and explicit.
Mr. Homer Royals, Vice-Mayor, City of Eustis, stated that the agreement before the Board this date is between the City of Eustis and the County and does not feel that language belongs in this agreement that speaks specifically to residents in the unincorporated areas, that do not affect the City of Eustis.
Mr. Stone, City Attorney, City of Eustis, interjected that he did not feel said language was relevant to this agreement nor did he feel that the City of Eustic Commissioners have the ability to represent, whatsoever, people outside the corporate area of the City of Eustis. He stated that, if the County wants to take a position to rectify inequities to county residents who have been paying for the incinerator program, this is fine, however, does not feel that this is either the form or mechanism by which to do it. Discussion continued regarding this matter, however, it was noted that the City Commissioners did not feel that language pertaining to same was appropriate in this particular document.
A brief discussion then occurred regarding the formula to be used for the billing of the solid waste.
Commr. Swartz requested that it be noted in these Minutes, regarding the last two sentences in Paragraph 5 (pertaining to the billing system that will be used) which states "a uniform non-ad valorem assessment or fee is levied on all inhabitable living units within said unincorporated areas.", that the response from both the County Attorney and the City Attorney, regarding said language, is that it would not require, absolutely, a non-ad valorem assessment,
but would require a fee, so that all inhabitable households in the unincorporated areas of the County would be sharing it.
Discussion occurred regarding the interpretation of said language, at which time it was noted by the County Attorney that said language is very explicit.
On a motion by City Commr. Bob, seconded by City Commr. Royals and carried unanimously, the City of Eustis Commission approved the agreement between the City of Eustis and Lake County, pertaining to solid waste disposal, as presented.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the agreement alluded to above, as presented.
Commr. Bakich thanked the representatives from the City of Eustis for their cooperation in this matter.
This concluded the joint meeting between the City of Eustis and the County regarding the proposed agreement for solid waste disposal.
LAWS & LEGISLATION/RESOLUTIONS
Representatives Everett Kelly and Stan Bainter presented to the Board a resolution (House Resolution No. 2449), on behalf of the State of Florida House of Representatives, commemorating February 19, 1992, as "Lake County Days" in Tallahassee, at which time Representative Bainter read said resolution into the Minutes.
Representatives Kelly and Bainter stated that they were very proud of the program that was put on by those individuals representing Lake County, pertaining to said function.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved a request from the County Manager for a transfer of $140,530.00 from the Landfill Contingency Fund (420-8-599-999-1-90-99-00) to the Solid Waste Professional Services Account (420-8-534-310-1-40-46-400), to pay for professional services related to the Ogden Martin negotiations.
Commr. Swartz voted "No".
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a request from the County Manager to transfer $97,566.00 from the Landfill Contingency Fund (420-8-599-999-1-90-99-00) to the Solid Waste Contractual Services Account (420-8-534-340-1-40-46-400), to replace the revolving fund for letter of credit payments accrued prior to March 4, 1992, which were not covered by the Series B bonds.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried, the Board approved a request from the County Manager to amend the agreement to expand the scope of services with Post, Buckley, Schuh and Jernigan; approval of the scope of services for Public Financial Management and R. W. Beck, to include the negotiations process with Ogden Martin; and to encumber and expend the funds.
Commr. Swartz voted "No".
There being no further business to be brought to the attention of the Board, the meeting adjourned at 9:35 a.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK