The Lake County Board of County Commissioners met in regular session on Tuesday, June 16, 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; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.
Commr. Bakich gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.
Regarding the Minutes of May 5, 1992 (Regular Meeting), clarification was made to the misspelling of proper names as requested by the Board and the following changes were requested:
Page 14, Line 2 - change "four" (4) to five (5).
Page 21, Line 21 - delete "Bailey" and insert Swartz.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 5, 1992, (Regular Meeting), as amended.
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
At this time, Commr. Bakich postponed the presentation of the retirement awards to Mr. John Helblig, Custodial Crew Leader, Building Custodians, Parks & Facilities Division, Public Works; and to Ms. Lillian M. Helblig, Personnel Aide, Office of Personnel.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests:
Request for payment of Warrant No. 152169 through Warrant No. 152775, for the following accounts:
Fire Districts County Transportation Trust
General Revenue Insurance Fund
Mosquito Control Private Industry Council
Landfills Commissary Trust Fund
Animal Shelter Trust Fund Capital Outlay
Revenue Sharing Resort & Development Fund Tax
Law Library Emergency 911 Fund
Road Impact School Impact Fee Trust Account
Countywide Library Aquatic Weed
Fish Conservation Criminal Justice Trust Fund
Bonds - Contractors
355-92 Wendell Gaertner, Building Contractor
4168-92 Michael G. Gillespie (Building)
4541-92 Patrick Huff dba D & S Electric (Electrical)
4571-92 David Gibbs (Plumbing)
4621-92 Larry D. Brown (Electrical)
4654-92 Joe Bell dba Bell Electric (Electrical)
4731-92 Dennis W. Mathis (Residential Contractor)
4758-92 Larry Sargent dba Sarge Electric (Electrical)
4778-92 Daniel Henderson, Jr. - Henderson Electric-DWH
5101-92 Clarence E. Kelly (General)
5102-92 Coronado Engineering, Inc. (General)
5103-92 JMA of Brevard, Inc. dba All Florida Roofing &
Home Improvement (Roofing Contractor)
5104-92 Andy R. Walker dba Artistic Pools and Brenda L. Walker
dba Artistic Pools (Pool Contractor)
5105-92 Art Prewitt dba Collier County Roofing, Inc. (Roofing)
5106-92 R. L. Heil, Inc. (Plumbing)
5107-92 Raymond Trail dba Ram Masonry (Masonry Contractor)
5108-92 James Griffis (Masonry)
5109-92 Edward W. Campbell dba Triangle Pool Care (Swimming Pool)
1542-93 Chuck Welch (Residential Carpentry)
5100-93 Albert P. Buhler (Heating, Air Conditioning Repair)
Request for approval of Satisfaction of Assessment Liens as follows:
Mt. Plymouth Subdivision
Development Corporation of Orlando $ 663.52
Mary L. Beers & Lonnie L. & Loren Liston
heirs of Louise P. Liston $2,620.46
Astor Forest Campsites
M. G. Young Estate $ 834.55
S & K Realty (subject to contract for deed
in favor of William D. & Kerry L. Wood) $5,798.83
Shirley M. Terry $2,307.44
James W. & Ann Anderson $1,995.19
CLERK'S OTHER BUSINESS
ACCOUNTS ALLOWED/BUDGET TRANSFERS/JAILS/SHERIFF'S DEPARTMENT
Mr. Bob McKee, Chief Deputy Clerk, was present to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request for transfer of funds, in the amount of $1,698.00, to Clerk's County Court Budget 002-516-2-61-66-100, Object Code 640, from Sales Tax Revenue to purchase facsimile terminal to transmit paperwork between Clerk, Jail and Sheriff.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, appeared before the Board and stated that the request to accept Non-Exclusive Easement Deed for Large Lot Waiver for W. M. Ingram, under Tab 10, is subject to re-execution of appropriate documents.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with Tab 10, Large Lot Waiver for W. M. Ingram, subject to reexecution of appropriate documents.
Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.
(These are specifications only)
(1) Capital Specifications for Blinds $10,000.00
Improvements for new Criminal Justice not to exceed
Infrastructure Facility. All 5 x 5
Sales Tax exterior windows and 2nd.
Recovery Bond. floor curtain wall. Bid
(2) Admin. Svc. Request approval of $6,000.00
Purchasing Specifications for
annual Battery bid
for FY-1992-93. Bid
(3) Environmental Request to reject bids
Svc. received for installation
Pollution of pumps at landfills.
Control Only 2 bids were received.
Request to perform task
in-house will result in a
savings of approx. $2000.00.
(B) Award Bids and Encumber Funds:
(1) Co. Mgr's. Coopers & Lybrand/Low $12,500.00
Office- Bid, Actuarial services not to exceed
Risk Mgt. for the Comprehensive cost
(2) Environmental Request to award Bid# $ 5,073.00
Svc. Solid 040-330-092 to A-AAbot
Waste Div. Fence, Inc./ Low bid
on fence around
evaporation spray area
at Astatula Landfill.
Request to accept alt.
bid using galvanized
(C) Approve Quotations and Encumber Funds:
(1) Environmental Van Waters & Rogers $ 1,410.95
Svc.- Aquatic 22) 5-Gallon drum
Plant Control aquatic herbicides
(2) Health & Northwest Truck $ 1,395.00
General Svc. Parts/ #g74j302
Fire Svc. engine assy. Prop.
FS-134 #21664X Military
(3) Health & Interstate Dieselect/ $ 1,129.00
General Svc. Rebuild injection
Fire Svc. pump, replace injectors
FS-128 & adjust valves. Prop.
#14,688 Mack Road Tractor.
(4) Health & Tavares Automotive/ $ 1,137.50
General Svc. Pump, Flow Head, &
Fire Svc. Bushing Kit. Prop.#
FS-135 14,348 Service Truck.
Replaces used pump.
(5) Health & Unichem/ Pressure steam $ 2,295.00
General Svc. cleaner. For use at
Fire Svc. maint. facility to clean
(6) Public Works Jensen Tool Inc./#3T900 $ 1,995.00
Parks/Rec. 100MHz oscilloscope.
RB-8156 For Honeywell system
repair & monitoring.
(7) Public Works McWhorter Tree Svc./ $ 1,175.00
Road Oper. Remove two trees &
RB-8153 grind stumps. Trees
located on westside of
(8) Public Works Universal Signs/ $ 3,026.00
Engineering 200) galvanized post
RBRS-432 200) brackets for
(E) Approve Other Payments and Encumber Funds:
(1) Public Works Control Specialists/ $ 6,605.00
Engineering Traffic Control
RB-8160 devices, traffic
counters, 64K data
module & Software.
St. Contract # MR-
item to be reimbursed
from FDOT Public
(2) Public Works 3-M Company/ 6-rolls $ 2,327.32
Road Oper. reflective sheeting for
RBRS-433 overhead street signs.
St. Contract # 550-
(3) Public Works 3-M Company/ 1000 (ea) $ 1,240.00
Road Oper. reflective pavement
RBRS-438 markers. St. Contract
(F) Approve Services That Do Not Require Bids or
Quotes and Encumber Funds:
(1) Capital Shell Office systems/ $28,310.00
Improvement Law Library shelving
Infrastructure for new courts facility.
Sales Tax Vendor meets all require-
Const. Bond ments of specifications.
GSA Contract, revised #,
GS00F-5366A. Law Library
Fund will contribute
$8,676.00 toward the
purchase of the cantilever
(2) Corrections Leesburg Regional $ 7,748.50
BIL-11 Medical Center/ Inmate
(3) Corrections Waterman Medical $ 4,306.84
BIL-10 Center/ Inmate Medical
(4) Corrections Eugene W. Glenn, D.D.S./ $ 1,755.00
MED-118 Inmate dental Service for
the month of April 1992.
(5) Health & Gen. Northwest Truck Parts/ $ 1,893.35
Svc.- Fire 20 -Tires (military) for
Svc. FS9-143 fire trucks. Prop. #'s
21,664X, 21,661X, 8844,
(6) Health & Gen. Change Order to P.O. # $ 9,550.00
Svc.- Fire 70194 to: Standard Auto increased
Svc. FS9-5 Parts/ for repair parts amount
This increase is a
direct result of
New p.o. total $16,750.00.
(H) Chairman's Signature and Encumber Funds:
(1) Corrections Intel-I-Comp./ Maint. $ 3,545.82
COR-636 agreement on computer
system for the jail.
service as indicated
in advisory committee
Accounts Allowed/Budget Transfers/Resolutions
Request for approval of the following budget transactions:
a. Budget Transfers:
Department: Public Works
Division: Parks & Facilities
From: Rentals & Leases $79,437.00
To: Rentals & Leases $79,437.00
Transfer #: 92-0148
b. Resolution requesting that the Self Insurance Fund be amended to increase the total budget to include unanticipated revenue received from Claims Reimbursements in the amount of $192,000.00.
Contracts, Leases & Agreements/Landfills/State Agencies
Request for signatures on Amendment to extend agreement between the State of Florida, Department of Community Affairs, Agreement No. 92EP-78-06-45-22-015, for the preparation of the Hazardous Materials Plan Update from June 30, 1992 to September 30, 1992.
Health & General Services
Accounts Allowed/Ambulances-Hospital Districts
Request for authorization of payment of the Monthly Medicaid Hospital bill, in the amount of $23,624.30, and the Medicaid Nursing Home bill, in the amount of $28,524.66, for April, and authorized proper signature on same.
Request to acknowledge receipt of For Your Information Item - Compliance with Equal Employment Opportunity Plan Requirements, Project 92-GJ-036/Genesis - Department of Corrections - Grant Year 1991/92.
Planning & Development
Accounts Allowed/Bonds/Roads-County & State/Subdivisions
Request for final plat approval of San Polo Villas; acceptance of a maintenance bond, in the amount of $4,691.00; and acceptance of the following road into the County maintenance system: Via San Polo (#5-7302).
Request to release an Irrevocable Letter of Credit, in the amount of $4,700.00, for maintenance in Glenn Hills Subdivision.
Bonds - Mobile Home
Request to cancel the following mobile home bonds:
Charles D. Poole - Cassia area - District 4
Marion McNair - Bassville Park area - District 1
Kenneth Carnes - Fruitland Park area - District 1
Michael Nowogrocki - Sorrento area - District 4
Rights-of-Way, Roads & Easements/Deeds
Request to accept the following non-exclusive easement deeds, subject to reexecution of documents for W. M. Ingram:
For Large Lot Waiver:
W. M. Ingram - District 2
McPherson/Gerber - District 5
Accounts Allowed/Insurance/County Employees
Request for Worker's Compensation Settlement with Robert A. Livingston in the amount of $22,000.00.
Roads-County & State/Signs/Resolutions
Request to post speed limit signs in the Paisley area for the following:
Maggie Jones Road (#5-8190) - 40 mph
Fishermans Road (#5-8589) - 30 mph
Mardon Circle (#5-8688) - 25 mph
Sunset Drive (#5-8589A) - 25 mph
Pine Ridge Road (#5-8689) - 25 mph
East Road (#5-8589B) - 25 mph
Dixie Road (#5-8590) - 25 mph
S. Island Road (#5-8590A) - 25 mph
Johnson Road (#5-8691) - 25 mph
Transfer Station Road (#5-8786) - 30 mph
Rancho Road (#5-8787) - 30 mph
Boy Scout Road (#5-8787) - 25 mph
Kilker Road (#5-8388) - 25 mph
Roads-County & State/Signs/Resolutions
Request to post 40 m.p.h. speed limit sign on North Libby Road from Libby No. 3 Road to U.S. 27; post 40 m.p.h. speed limit sign on Libby No. 3 Road from North Libby Road to Minni Flora; and post 35 m.p.h. speed limit sign on Libby No. 3 Road from Minni Flora to U.S. 27.
Roads-County & State/Signs/Resolutions
Request to accept the emergency placement of a stop sign at the intersection of St. Anne Street (#4-4188A) and Westchester Avenue (#4-4188); and at the intersection of Interlachen Drive (#4-4189A) and Sackamaxon Drive.
Accounts Allowed/Municipalities/Resolutions/State Agencies
Request for resolution requesting $120,000.00 from Florida Department of Natural Resources, Florida Boating Improvement Program for Astor, Butler Street ramp and parking lot.
Rights-of-Way, Roads & Easements/Municipalities
Request to advertise Road Vacation Petition No. 684 by Halliday Family Corporation by Peter McFarland, Esquire, to vacate easement, Mt. Dora area.
Request to advertise Road Vacation Petition No. 685 by William Roberts, to vacate easement, Pine Lakes area.
Request to advertise Road Vacation Petition No. 687 by Ron Sawyer to vacate easement, Leesburg area.
Deeds/Road Projects/Rights-of-Way, Roads, & Easements
Request to accept the following Statutory Warranty Deeds and Release of Mortgage:
For Site Plan:
Central Florida Presbytery, Inc. - First Street (#5-7803)
For Road Projects:
John Migliavacca, Jr., - Lake Griffin Road (#5-7613) (Deed)
Mary Frances Creighton - Lake Griffin Road (#5-7613) (Release of Mortgage)
Dean Humphrey and Jeanie Humphrey - Richardson Road (#5-7613)
Danny Harold Dowless and Karen Lee Dowless - Richardson Road (#5-7612)
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY MANAGER/TAX COLLECTOR
Mr. Pete Wahl, County Manager, appeared before the Board and stated that a letter has been received from the representative of the Citrus Sun Club, accepting a settlement regarding the Citrus Sun Club Delinquent Ad Valorem Taxes as outlined in a letter, dated June 10, 1992, from the County Attorney and addressed to W. Scott Callahan, Esquire.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that the tangible personal property issue, which came to light last week, will be deleted from this settlement and readdressed at a later date. At this time, discussion occurred regarding the letter addressed to Mr. Callahan outlining the settlement with Citrus Sun Club, dated June 10, 1992 and distributed this date to the Board for their review.
Mr. T. Keith Hall, Tax Collector, appeared before the Board and advised the Board that in every instance where a tax deed application has been made against a time share condominium in Florida, a taxpayer's suit has resulted by one or more of the owners who have paid their maintenance fees and felt that they were being unfairly treated.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the settlement as outlined in a letter, dated June 10, 1992, regarding the Citrus Sun Club Delinquent Ad Valorem Taxes; excluding the tangible personal property, which will be addressed and brought back before the Board for approval at a later date.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Charles C. "Cal" Jones as representative for Agriculture/Development on the Natural Resources Advisory Committee; moving the appointment of Mr. Terrell Davis from representative for Agriculture/Development to representative for Environmental Sciences on said committee.
HEALTH & GENERAL SERVICES
ACCOUNTS ALLOWED/COUNTY PROPERTY/FIRE PROTECTION
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously the Board approved the request to authorize to waive the bidding requirement and obtain quotations to enlarge and enclose Fire Station No. 1 at Mid Florida Lakes, at an estimated cost of $7,000.00; and to use the balance of the Infrastructure Sales Tax Funds for funding of said project.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to post and fill the position of Secretary II - Pay Grade 120-01 - Salary: $13,572.00.
PLANNING & DEVELOPMENT/PERSONNEL
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to post and fill the position of Planner II - Pay Grade 606-00 - Salary: $23,614.50.
ADDENDUM NO. 1 TO THE COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CORRECTIONS DEPARTMENT/CONTRACTS, LEASES & AGREEMENTS/JAILS
Mr. Tom Neumayer, Executive Director of Corrections, appeared before the Board to present the request for approval of a contract with U. S. Immigration and Naturalization Services, and a contract with U.S. Marshals Service for leasing of bed space in the new Detention Center. He stated that language, in the agreement with the U.S. Marshals Service, on page 6, No. 3., which states at a rate established on page one (1), should be deleted as there is no rate established on page one (1). He further stated that a separate side letter will be entered into for the hourly correctional officer's rate with the U.S. Marshals Service.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request for approval and signature on the contract with U.S. Immigration and Naturalization Service for leasing of bed space in the new Detention Center; subject to review and final approval by the County Attorney's office.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request for approval and signature on the contract with U.S. Marshalls Service for leasing of bed space in the new Detention Center; subject to review and final approval by the County Attorney's office.
PLANNING & DEVELOPMENT
RESOLUTIONS/PLANNING & DEVELOPMENT/RESOLUTIONS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request for a resolution adopting the Lake County Comprehensive Plan amendment timetable for 1992.
ADDENDUM NO. 2 TO THE COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/ASSESSMENTS/CONTRACTS, LEASES & AGREEMENTS
Mr. Pete Wahl, County Manager, appeared before the Board to present the following requests and stated that professional services for consulting services for non-ad valorem special assessment, in the amount of $96,500.00, has been renegotiated to an amount of $87,500.00.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests:
Request for ratification of an agreement, approved by the Board on June 2, 1992, between The Resource Development Group and Lake County, for consulting services for non-ad valorem special assessment.
Request for Transfer of Funds (#92-0168) from the Landfill Enterprise Contingency Fund to Professional Services, in the amount of $87,500.00, to pay for consulting services for non-ad valorem special assessment.
Request for authorization to encumber and expend funds, in the amount of $87,500.00, for consulting services for non-ad valorem special assessment.
Mr. Pete Wahl, County Manager, appeared before the Board to present this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to post and fill the position of Environmental Specialist II - Pay Grade 607-00 Salary: $24,804.00.
CONTRACTS, LEASES & AGREEMENTS
RIGHTS-OF-WAY, ROAD AND EASEMENTS/SUITS AFFECTING THE COUNTY
Mr. Pete Wahl, County Manager, appeared before the Board to present this request.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that the Board has previously approved two proposed settlements on the case involving Mink Road right-of-way. She stated that once mediation is agreed upon, the issue will be brought back before the Board as an advertised public hearing.
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board and stated that two portions of the one hundred (100) by one hundred (100) foot right-of-way have been identified to be released to the adjacent owners, with the understanding that the County will have full rights and privileges to maintain the remaining right-of-way, which includes the existing paved roadway, cul-de-sac, and grass shoulder. At this time, Mr. Stivender reviewed a map identifying two lines in close proximity to each other on each side of the roadway.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved the proposed settlement for discussion purposes within the perimeters as set out in the survey drawing, on the case involving Mink Road right-of-way.
Commr. Gregg was not present for the discussion or vote.
Commr. Hanson presented, for the Board's review, a list of appointments to the Lake County Agriculture Advisory Committee, and requested approval of an amendment to the resolution which would increase the membership of the committee to thirteen (13), adding categories representing the beekeeping industry and horse farming.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution increasing the membership of the Lake County Agriculture Advisory Committee to include the categories of beekeeping industry and horse farming.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the appointments and Liaison Commissioner to the Lake County Agriculture Advisory Committee as follows: Catherine Hanson, Liaison Commissioner; Hughes Powers, representing the dairy industry; Bill DuVall, representing the cattle industry; Jim Simpson, representing the citrus industry; Dan Olson, representing fruit and vegetable farming; Roy Singleton, representing the Farm Bureau; Terrell Davis, representing the silvaculture industry; Dot Entorf, representing the foliage industry; Kerry Wrobel, representing the fern growers; Chuck Hudson, representing the Florida Nursery Growers Association; Claude Smoak, representing sod growers; and Jerry Latner, representing the beekeeping industry.
COUNTY ATTORNEY'S MATTERS
ZONING/SUITS AFFECTING THE COUNTY/STATE AGENCIES
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that, for informational purposes, the County Attorney's office received a Notice of Petition from the Department of Community Affairs (DCA) for an administrative hearing on a rezoning case for Lawson Wolfe, regarding development in the Green Swamp. She stated that the Board approved a conditional use permit in December, which contained language that stated approval was subject to the approval by the Department of Community Affairs and required compliance with the Green Swamp Regulations. She stated that she will provide additional information as it becomes available.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the ratification of financial items which needed to be paid prior to the Board meeting.
TOURIST DEVELOPMENT COUNCIL/RESOLUTIONS
Mr. Dave Warren, Tourist Development Director, appeared before the Board to address questions presented by the Board regarding the resolution amending the membership on the Lake County Baseball Task Force.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and presented a correction to the resolution, on page 2, line 22, changing the quorum for conducting business from six (6) to seven (7).
On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of the resolution amending the membership on the Lake County Baseball Task Force to thirteen (13) and changing the quorum to seven, as noted by the County Attorney.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the request for resolutions to Mr. Timothy Collier and Mr. Douglas Auriemma for being awarded Firefighters of the Year Awards for 1991.
Commr. Swartz brought up for discussion a tentative date of June 30, 1992, at 7:00 p.m., for the District 3 Townhall Meeting, scheduled to be held at the School Board Administrative Building. At this time, it was the decision of the Board to revisit this issue later in the meeting.
PUBLIC HEARINGS/TIMES CERTAIN
PLANNING & DEVELOPMENT/REPORTS
The Chairman announced that the time had arrived for a workshop in reference to the staff report on the Comprehensive Plan negotiations with the Department of Community Affairs.
Mr. Jacob D. Varn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., appeared before the Board to present a status report on the negotiations with the Department of Community Affairs and stated that there have been six (6) meetings with DCA regarding the Comprehensive Plan, and the changes that DCA thought were necessary to make the land consistent with the requirements of Chapter 163. As a result of the meeting on May 20, 1992, each item has been reviewed in the statement of intent presented by DCA advising the County of the short comings within the Plan. He stated that DCA has provided a reasonable and clear indication of what is needed to bring the Plan into compliance, and staff is in the process of making the necessary revisions to the policies. He stated that the issue of densities within the Green Swamp Area of Critical State Concern still remains an outstanding issue. He stated that it is his hope, for internal purposes, to have revised policies circulated within the County staff in the near future, so that they will be in the position to submit a proposed document to DCA for review.
Mr. Varn stated that the Comprehensive Plan that was adopted by the County had the ability to accommodate ten (10) times the projected population of Lake County for the fifteen (15) year planning horizon. He stated that the plan, which is currently being revised, will accommodate, from a residential standpoint, approximate two and one-half (2.5) times the projected population. At this time, Mr. Varn reviewed the methodology for figuring the annual rate of growth and stated that the revised Plan is being based on historical data.
Mr. Varn reviewed changes in the Land Use Map and stated that the revised map will reflect growth that has taken place historically as addressed in the revised Plan. In reviewing the land use categories on the map, he stated that Urban will now be reflected as eight (8) units per acre; Urban Expansion will be five (5) units per acre; Suburban will be one (1) unit per acre, with the ability to take it to three (3) units per acre if certain PUD requirements are met; and Rural is one (1) unit per five (5) acres. He stated that the Green Swamp Area of Critical State Concern has been divided into a three categories, the ridge area, transition area, and conservation/rural (core) area, at which time he reviewed each of these categories.
Mr. Varn stated that it is his recommendation that a new land use map, and the policies to support said map, be prepared by County staff for the Board's approval by the next Board meeting, and that the revised map be submitted as an amendment, thus allowing the amendment process to begin before the completion of the negotiations with DCA.
Commr. Hanson stated that it would be a positive effort on the Board's part to instruct staff to return with a new land use map for their review by the next Board meeting.
In response to a comment made by Commr. Bakich, Mr. Varn stated, from his perspective, he considers the dialogues, which have taken place between the County and DCA, have been a give and take situation and that the negotiation process has been productive.
At this time, considerable discussion occurred regarding the criteria for density in the Green Swamp of Critical State Concern and how the landowner is being protected. Mr. Varn stated that the policies necessary to implement the revised land use map will also include policies protecting landowners within the Green Swamp.
Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board and stated that the revised land use map and policies to support said map will be distributed to the Board on Friday afternoon, June 19, 1992, for their review.
RECESS AND REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would recess and reconvene at 1:30 p.m. for a public hearing on solid waste.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/MUNICIPALITIES
Commr. Bakich stated that this is a joint meeting between the Cities and the Board of County Commissioners pertaining to the renegotiation of the Ogden Martin Contract in regard to solid waste. He stated that the renegotiating team is present to respond to a number of issues that were raised by the Commissioners and the cities at the meeting on June 2, 1992 with regard to said contract. He further stated that, during the meeting today, the public will have the opportunity to present their comments, allowing each individual five (5) minutes for comments.
Mr. Pete Wahl, County Manager, appeared before the Board and stated that Mr. Rick Patterson, Public Financial Management, Inc. (PFM) (the County's financial advisor), and Mr. Robert G. Varner, Jr., Verner, Liipfert, Bernhard, McPherson and Hand (the County's consultant), have prepared responses to the questions raised at the meeting on June 2, 1992. Mr. Omar E. Smith, P.E., Post, Buckley, Schuh & Jernigan, Inc. (the County's general consulting engineer) was also present to address issues pertaining to solid waste.
Mr. Robert G. Varner, Jr., appeared before the Board and stated that his presentation will focus on changes that have occurred since the June 2, 1992 meeting. He stated that the County is at a pivotal point in the decision making process with respect to the County's overall needs for solid waste disposal. He stated that the negotiating team is addressing not only the issue of contract negotiation, but also issues of timing in terms of moving forward on the decisions that need to be made with respect to implementation of the County's overall decision that effects the solid waste disposal system.
At this time, Mr. Varner reviewed the current capacity commitment of 10.25 megawatts (MW) under the Power Sales Agreement with Ogden Martin Systems, Inc., and stated that initially Ogden Martin proposed that they would receive 100% of the electric revenue that relates to an increase above the 10.25 MW capacity commitment. He stated that, as a result of the joint meeting with the cities, the team focused again on this issue, and under the modified proposal, the County and Ogden Martin would be sharing 50/50 in the revenues associated with the increased capacity commitment. He stated that, assuming that the Net Maximum Output reaches 12 MW, it is estimated that the total revenues would represent an average of approximately $800,000 per year to be shared equally between the County and Ogden Martin.
Mr. Varner stated that the negotiating team is recommending the Scenario 2 contract proposal based, in part, upon the economic advantages that are realized, and the advantages and risk allocations as outlined in a memorandum, dated June 12, 1992, from
Mr. Pete Wahl, distributed this date. He stated that the Board has the option to endorse the existing agreement; to endorse Scenario 2, as recommended by the negotiating team; to continue to negotiate said contract; or to make a decision to test the validity of the agreement. He stated that a decision by the Board this date moves a long way toward avoiding any jeopardy in terms of the strength of the financial integrity of the County's solid waste system.
Mr. Rick Patterson appeared before the Board and stated that Public Financial Management has prepared a summary of projected tipping fees for selected sensitivity cases. He stated that PFM has analyzed nine (9) sensitivity cases which examined the sensitivity of System disposal fees under the Current Agreement (Scenario 1) and the Modified Agreement (Scenario 2), and that the major areas examined in the sensitivities relate to ash/residue disposal charges, increased electric generation rate, early capacity payments, and the increased capacity commitment by Ogden Martin. At this time, Mr. Patterson reviewed the Summary of Projected Tipping Fees for Selected Sensitivity Cases. He stated that the sensitivities examined in the table indicate a clear economic benefit associated with the modified service agreement for Scenario 2.
Mr. Patterson stated that it is beneficial to the County to make a decision with respect to which agreement the County endorses, so that they can work towards structuring financing for the solid waste system. He stated that, if the County determines to litigate the current service agreement, PFM believes it will have severe, adverse credit implications on the County's general obligation credit.
At this time, the Chairman announced that those in the audience who wished to make public comment could do so.
Mr. Dan Eastwood, representing the Lake County Taxpayers League, appeared before the Board and stated that the Lake County Taxpayers League is very concerned with the elements of the contract which tend to highlight the cost to the unincorporated citizen and any citizen living in the city, which is a party to an interlocal agreement with the County. He further stated that the Lake County Taxpayers League is taking the position, as stated in a letter addressed to Commr. Don Bailey, dated October 10, 1991, that encourages the Board to continue to peruse with Ogden Martin a position which incorporates the utilization of the facility as a merchant facility, inviting anyone in the State of Florida to bring their garbage to Lake County, therefore, minimizing the financial exposure to the Lake County taxpayer. At this time, copy of said letter was distributed to the Board for the record. He also distributed, for the record, an article in Business Week addressing the garbage industry.
Mr. August Strachovsky, a local resident, appeared before the Board and expressed his concerns that the negotiating team is not working in the best interest of the County taxpayer.
Mr. John Seabury, a resident of Mount Dora, appeared before the Board to discuss two issues which he feels will cause the County future trouble. The first issue is the $50,000.00 concession toward clean-up of future hazardous waste. He stated that incinerator ash is hazardous waste, however, has an EPA exclusion from proper classification at the present time. He stated that the County could be held responsible for the expensive cleanup of approximately 400,000 tons of hazardous material at a time when ash is properly classified as hazardous waste. He stated that the second issue is the offer from Ogden Martin to assume fifteen percent (15%) of the cost of future environmental improvements.
Ms. Joan E. Gathings, a resident of rural Lake County, appeared before the Board and stated that the publication of the public hearings on the solid waste issue should be published in the "free" papers throughout the County in order to reach more citizens. She further stated that the County is actually divided into the categories of unincorporated, incorporated and
rural/agricultural. She questioned whether or not those living in the rural areas, who haul their own garbage, will have to pay the same assessment as those with garbage pickup and whether credit will be given to those who are recycling, to which Mr. Wahl responded.
Mr. Mac Elder, a resident of South Lake County, appeared before the Board and expressed his fear that if any one of the recommended proposals should be accepted, that acceptance would be interpreted as an endorsement of a seriously flawed contract. He encouraged the Board to listen to the private citizens of Lake County with open minds and, as a result of their free fact finding, a more equitable and realistic alternative should result in a much lower cost in consultant fees.
Mr. Hubert H. Hartman, a local resident, appeared before the Board and expressed his concern over the inequity of out-of-County tipping fees versus County fees, the issue of recycling, and Lake County's economy. He stated that he does not understand how the County can justify the proposed assessment and questioned the legal basis to enforce such a discriminatory, uneven tax.
Mr. Lee Phillips, a local resident, appeared before the Board to express his opposition to the exorbitant consulting fees being spent by the Board regarding the solid waste issue and other issues facing the County. He stated that the $150,000.00 spent on consulting fees for the solid waste issue, invested at 7% interest for 20 years, would have yielded an amount in excess of $2,000,000.00.
Mr. Frank Gillis, a local resident, appeared before the Board and expressed his disapproval of the actions of the Board of County Commissioners.
Ms. Nancy Abbott, a local resident, appeared before the Board and expressed her concerns over several issues facing Lake County and stated that the residents of Lake County should be number one in the minds of the Commissioners at all times.
Mr. Randy Boyes, a resident of South Lake County, appeared before the Board and stated that procrastinating on the subject of solid waste and belittling the Board is hurting all of the residents in Lake County.
Mr. Arthur Simpson, a resident of Fruitland Park, appeared before the Board and spoke in favor of uniform solid waste collection. He stated that solid waste being put into landfills is polluting the world, and said waste should be collected and treated properly.
Ms. Laura Bushwitz, a resident of South Lake County, appeared before the Board and stated that, at a public hearing in December, the Board approved the formation of a Citizens' Committee for Solid Waste Study. She stated that she was appointed to said committee and, to date, due to the lack of appointing a final member, the Committee has not had the opportunity to meet, or to provide input into the issue of solid waste. She also stressed that it is important for the Board to decide how they are going to pay for the incinerator before they choose which way to vote.
Mr. Wayne Saunders, representing the League of Cities, appeared before the Board and expressed their gratitude to the Board for the opportunity to address this issue. He stated that, although the League of Cities has not had the opportunity to meet and discuss this issue, it is a general consensus that there are two issues of concern, which are the debt service and the electric revenues that can be generated. He stated that it is important to move as quickly as possible on the new debt to get the best interest rate possible.
Ms. Catherine O'Calvey, a resident of Okahumpka, appeared before the Board to express her opposition to the incinerator and stated that the majority of the residents of the County do not support the incinerator.
Ms. Jean Eastwood, a local resident, appeared before the Board to express her opposition to the incinerator.
Mr. Dan Eastwood reappeared before the Board and stated that the Board and the residents of Lake County deserve an analysis of the true cost of the landfill. He further addressed the issues of the committed capacity, electric revenue sharing, and composting.
Ms. Joan I. Irwin, a local resident, appeared before the Board to address a number of concerns.
Mr. Roy Sebring, a local resident, appeared before the Board and expressed his gratitude to Commr. Swartz and Commr. Hanson for their positive input on the solid waste issue.
There being no further comments from the audience, the Chairman announced the public hearing was closed.
At this time, the Board and the negotiating team provided responses to the concerns and issues presented to the Board by those present.
Mr. Patterson stated that the average out-of-County waste charge, at this time, is approximately $60 per ton, and the average being used in the analysis is approximately $61 per ton in FY 1993. Commr. Gregg stated that the cost per ton for out-of-County garbage cannot be compared to the overall disposal cost per ton for the County due to the fact that the County costs include recycling and all other components associated with the entire solid waste program.
Mr. Patterson responded to Mr. Eastwood's comments regarding higher tipping fees resulting in higher credit costs, and the comment that tipping fees under Scenario 2 were higher in the year 2004. He further commented on Mr. Eastwood's analysis of the $29.33 per ton for residue disposal and stated that landfill costs are not calculated on the basis of tons or weight but rather by volume. He stated that, with respect to the comment relating to the shortfall penalty, there is no shortfall penalty payment to the County under Scenario 2, or the current agreement.
Mr. Patterson stated that, in response to a question regarding the overall savings of the analysis, the table shows a break even between the current agreement and the modified agreement and, in the best case, shows a savings of approximately $5,000,000.00 on a present value basis associated with the modified agreement. Those savings do not include Ogden Martin's fifteen percent (15%) equity contribution, the $50,000.00 per year inadvertent hazardous waste delivery, revenue sharing or lower debt service costs.
At this time, Mr. Varner responded to comments and concerns regarding the limit of liability on the hazardous waste disposal costs, the reference to Section 6.06 under the existing agreement, the fifteen percent (15%) equity contribution, the provisions relating to what can be burned at the facility, and the issue of the existing agreement being a binding agreement.
Mr. Varner stated that it is a difficult fact of life that the existing agreement is binding, in force and in effect. He stated that the negotiating process has achieved an improvement of the provisions in that agreement as well as a cost benefit. He stated that, as the system is stabilized and the County moves forward into the future, the Board can make an economic and environmental decision on a system wide basis as to the emphasis and the mix of the disposal options that the County may choose.
Commr. Swartz presented comments and questions on the issues of tipping fees for out-of-County waste, and the transportation of hazardous waste to the facility. He stated that it is inaccurate to say that out-of-County waste is being charged the same as Lake County's waste. He stated that it is a fact that waste is being brought in from out-of-County, ash is being landfilled, and the County is receiving no payment for the landfilling of said ash. He further requested clarification on Scenarios 6 and 8 on the Summary of Projected Tipping Fees for Selected Sensitivity Cases and how they differ from Scenarios 5 and 7, which are exactly the same except for the residue disposal fee. Mr. Patterson responded that they are the same as Scenarios 7 and 9 with the exception that Scenarios 6 and 8 are under the existing contract and Scenarios 7 and 9 are under the modified agreement. He stated that the reason Scenarios 6 and 8 have been ruled out is due to the fact that Ogden
Martin has indicated they would be unwilling to step up to an increased capacity commitment of 12 MW under the existing agreement; however, Ogden Martin is willing to step up to Scenarios 6 and 8, if the County is will to give them more of the energy revenues, at which time considerable discussion occurred regarding said issue.
Commr. Swartz stated that, if Ogden Martin agrees to the higher kilowatt hours per ton, they still only have to meet 70 percent of that requirement, which is 450 kilowatt hours per ton. He stated that they are currently guaranteeing to operate at 525 kilowatt hours per ton, to which Mr. Varner stated that, if you multiply 525 kilowatt hours per ton and work through the calculation, the result is a 9.76 MW capacity commitment. He further stated that it makes sense to increase those guarantees and increase the revenues. Commr. Swartz stated that he sees very little or no risk to Ogden Martin, at which time Mr. Patterson stated that there is considerable risk to Ogden Martin and noted, again, that the 525 kilowatt hours per ton is a guarantee to the County, if Ogden falls below that amount, they have to pay the County ninety percent (90%) of the difference in electrical revenues between whatever level they make and the 525 kilowatt hours per ton guarantee. If Ogden falls short on the capacity payment, they step up to 12 MW and, if they do not make it, they loose $3,800,000 on the average in each year of capacity payments from Florida Power, which they are obligated to pay to the County. He stated that Ogden's share of the additional revenues associated with stepping up from 10.25 MW to 12 MW is $80,000 per year.
Mr. Omar E. Smith, P.E., Post, Buckley, Schuh & Jernigan, Inc., appeared before the Board and reviewed the methodology for deriving the true costs for ash disposal and referenced Lake County Solid Waste Management Expenditures and Implementation Schedule, Table #6, as presented in the Report of the Negotiating Team, which lists pre-development costs, development costs, landfill operation costs, and closure construction and post-closure costs.
Commr. Swartz stated that the numbers presented in Table #6 translate into the costs of the landfill, and do not go into the cost of the ash; therefore, the numbers that were in the ash area under the Scenarios are understated. Commr. Swartz stated that, if ash is declared through testing to be hazardous waste, the landfill that is being projected in the costs presented is not suitable to dispose of said ash. Considerable discussion occurred, at this time, regarding this issue.
Commr. Swartz reviewed steps resulting in the present modified Scenario 2 proposal and stated that he has no confidence, at this point, that the County has achieved the best deal that can be achieved. At this time, he suggested that, perhaps, the Board should take this issue to arbitration.
In response to a questions presented by Commr. Bakich, Mr. Varner stated that the Scenario 2 modification brings the contract in line with other contracts around the country, and he recommends acceptance of the modified proposal. Commr. Bakich further questioned if Mr. Varner sees any significant changes that can be made to the contract without expending a great deal of energy and money at this point, to which Mr. Varner responded.
Commr. Bakich stated that effective measures that could be taken to cut costs to the County other than those related to the incinerator are more efficient ways to recycle, compost, landfill, and cutting ad-valorem taxes to the incinerator. He stated that he is confident that the County has a comparable contract that is fair to the County.
Commr. Gregg stated that the complaints regarding the incinerator must be set aside, and the Board must focus on the comparison between the existing contract and Scenario 2, as recommended. He stated that the net present value of the modified contract is $799,124.00 in savings between the current and modified contract. He further stated that the best the County can do is to stabilize the contract, lock in interest rates on long term fixed rate bonds and to more forward.
Commr. Hanson stated that one problem is that we cannot achieve economy of scale with a facility of this size. She stated that the Board has gained a better understanding of the contract, and she is not willing to continue negotiations and the expense of further negotiations. She stated that the Board must move ahead, looking toward solving the total solid waste management problem in Lake County, and keeping the costs as low and as equitable to each taxpayer as possible.
At this time, Commr. Bakich summarized that the recommendation from the negotiation team was to accept modified Scenario 2, listed in Sensitivity Case No. 3, with the stipulation that, if the electrical rates increase above the 525 kilowatt hours per ton, Ogden Martin will receive those excess revenues in return for payment of the ash residue at the current rate of $10.00 per ton escalating and, if the step up in capacity commitment is achieved, the additional revenue will be distributed.
Commr. Swartz questioned if modified Scenario 2, as listed in Sensitivity Case No. 3, precludes the County's ability through an agreement with Ogden Martin to increase the electric generation rate or the electric capacity in order to create additional electric revenues, to which Mr. Varner and Mr. Patterson responded "no" with Mr. Patterson stating that option is available under Scenario 2.
Commr. Gregg made a motion, which was seconded by Commr. Bailey, to accept Scenario 2 with normal capacity payments.
Commr. Bakich stated that the Board will continue to work in a positive manner to further reduce the assessment through options such as the option to purchase or the purchase of Site K, landfill mining, and working with the Property Appraiser on the ad valorem issues.
Commr. Swartz expressed his hope that the Citizens Committee on Solid Waste will meet as soon as possible to provide input to the Board on the solid waste issues.
The Chairman, Commr. Bakich, called for a vote on the motion which carried by a vote of 4 - 1.
Commr. Swartz voted "No".
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:10 p.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
JAMES C. WATKINS, CLERK
The Lake County Board of County Commissioners met in special session on Tuesday, June 16, 1992, at 5:30 p.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; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; and Marlene S. Foran, Deputy Clerk.
Those present from the Town of Lady Lake were: Lee Hokr, Mayor; Robert Q. Williams, City Attorney; Storm Kern, City Commissioner; Yvonne I. Knudson, City Commissioner; Rick Colpitts, Acting Town Manager; and Ellie Whigham, Town Clerk.
PLANNING & DEVELOPMENT/PUBLIC WORKS/SUITS AFFECTING THE COUNTY
Mr. Robert Williams, Attorney for the Town of Lady Lake, appeared before the Board and announced that Mr. John Lynch, Town Manager, was unable to attend the meeting this evening due to an important family commitment but does recognize the importance of this meeting.
Mr. Williams stated that, following the last meeting between the City and the Board of County Commissioners, the Town of Lady Lake staff identified three major issues of concern regarding the road impact fee program. He stated that the first issue of concern is the definitions of site-related and nonsite-related improvements; the need to provide a procedure for determining whether or not a particular improvement is site-related or nonsite- related; and the need to specify that nonsite-related improvements can be eligible for credits against road impact fees.
Mr. Williams stated that the second issue of concern is the perception that Town of Lady Lake dollars would be used to fund
road projects in other Road Benefit Districts. He stated that they have devised a formula that codifies the procedure for spending road impact fees in the form of an Ordinance, before the Board this date, which sets forth a procedure by which a percentage (based on a ratio as stated in the Ordinance) of the road impact fees that are collected in a specific municipality are earmarked for that municipality for a period of three (3) years. If they are not spent within a three (3) year period, they are then combined into a district fund to be spent throughout the district.
Mr. Williams stated that the third issue of concern is the effective date of the Ordinance and the Interlocal Agreement between the County and the Town of Lady Lake as to when Lady Lake would start the collection of road impact fees.
Mr. Williams further stated that County staff and the Town of Lady Lake staff have developed definitions of site-related and nonsite-related improvements and the provision for determination of same, and it is anticipated that this language will be included in an ordinance amendment. He further stated that the second issue of concern, which addresses the issue of the allocation based on the formula of funds that will remain in Lady Lake, will also be addressed in the same ordinance amendment. He stated that staff has discussed an effective date of January 1, 1993, at which time the Town of Lady Lake would begin to collect road impact fees on all projects permitted in Lady Lake. He stated that they are prepared to enter into an interlocal agreement with the County this date and sign said agreement, with an effective date of January 1, 1993, as soon as it is prepared.
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to address questions pertaining to the above issues and stated that he has worked closely with the County and Town of Lady Lake staffs in preparing the language addressing site-related and nonsite-related improvements.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that staff will prepare and present to the
Board for their review and approval an ordinance amending the code, which will include a section incorporating the definitions presented this date, and an amendment to the existing interlocal agreement with the Town of Lake Lake regarding impact fees.
At this time, discussion occurred regarding the definitions of site-related and nonsite-related improvements and language in the proposed ordinance, at which time Commr. Swartz questioned if the cities have had any input relative to the proposed changes in the ordinance. Mr. Stivender responded that the changes proposed this date are very close to the concerns that have been expressed by the cities and what their understanding is of what was to take place regarding this issue.
Commr. Gregg made a motion, which was seconded by Commr. Hanson, to instruct the County Attorney to draft necessary amendments to the ordinance regarding road impact fees, and the interlocal agreement between the Town of Lady Lake and the County regarding impact fees, and to bring them back before the Board for their review and approval.
Under discussion, Commr. Bakich expressed his gratitude to all those who willing worked in a spirit of cooperation to resolve this issue.
The Chairman called for a vote on the motion, which was carried unanimously.
At this time, Mr. Hokr expressed his gratitude to the Board and to Mr. Pete Wahl and his staff for their work in resolving this issue, and the spirit of cooperation that has been involved. He further commented that the Town of Lady Lake is very pleased with the outcome of this program.
On a motion by Commr. Kern (Lady Lake Commissioner), seconded by Commr. Yvonne Knudson (Lady Lake Commissioner), and carried unanimously, the Town of Lady Lake moved for approval of the Ordinance regarding road impact fees, and approval of the Interlocal Agreement between the County and the Town of Lady Lake,
with an effective date of January 1, 1993, when final documents are prepared and presented to the Town of Lady Lake Commission.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:55 p.m.
________________________________ G. RICHARD SWARTZ, JR., CHAIRMAN
JAMES C. WATKINS, CLERK