The Lake County Board of County Commissioners met in regular session on Tuesday, January 18, 1994, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Don Bailey. Others present were: Frank T. Gaylord, Interim County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.
Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.
MINUTES
Regarding the Minutes of December 7, 1993 (Regular Meeting),
clarification was made to the misspelling of words, and the following change was requested:
Page 23, Line 12 - change "Smith" to Smith-Clendinen.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of December 7, 1993 (Regular Meeting), as corrected.
Regarding the Minutes of December 14, 1993 (Regular Meeting), clarification was requested to language on Page 9, Line 23-26, regarding a request from the County Attorney for ratification of the appointment of Mr. Lewis Stone as Special Counsel to the Board of Adjustments with respect to Case No. 82-93-4.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of December 14, 1993 (Regular Meeting), as amended.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for John L. Parker, Case No. 89-80CFA, in the amount of $250.00, and authorized proper signature on same.
Request for approval of Satisfaction of Judgment for Kevin Albert Bechard, Juvenile, Ronald Bechard and Elaine Bechard, Parents, Case No. 89-938-CJ, in the amount of $50.00, and authorized proper signature on same.
Request for approval of Satisfaction of Judgment for Willie Kenneth Tumer, Case No. 86-852-CF, in the amount of $250.00, and authorized proper signature on same.
Request for approval of Satisfaction of Judgment for Alexander Mellado, Case No. 89-261-CF, in the amount of $250.00, and authorized proper signature on same.
Request for approval of Satisfaction of Judgment for Daniel Bradford Brown, Case No. 93-1036-CF, in the amount of $50.00, and authorized proper signature on same.
Accounts Allowed/Assessments/Subdivisions
Request for approval of Satisfaction of Assessment Liens, as follows:
Lakeview Heights
James N. & Lynn Neiford $1,219.74
Haines Creek Heights
H. W. & Violet Hackenberger $1,155.29
Maura Patrice & Crovello and $1,156.33
Stephen James
Palms Mobile Home Estates
David L. & Mary A. Ancil $812.93
Ocala Forest Campsites No. 4
Jacqueline C. McPeters $852.04
Sorrento Ranchos Penlan Park
Lillian Ackerman $4,821.80
Accounts Allowed/Finance Department
Request to acknowledge receipt of list of Warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.
Utilities/Meetings/State Agencies
Request to acknowledge receipt of Florida Public Service Commission Notice of Staff Workshop; In re: Investigation into proper regulatory treatment of pay telephone service provided over wireless facilities; Docket No. 930407-TP; January 13, 1994, at 9:30 a.m., Tallahassee, Florida.
Request to acknowledge receipt of Florida Public Service Commission Notice of Hearing to Florida Power Corporation and All Interested Persons; In re: Request for Approval of Proposal for Incentive Return on Demand-Side Management Investments by Florida Power Corporation - Docket No. 930424-EI; Request for Approval of Proposal for Revenue Decoupling by Florida Power Corporation - Docket No. 93044-EI; January 19 an 20, 1994, at 9:30 a.m., Tallahassee, Florida.
Request to acknowledge receipt of Notice of Intent from the State of Florida, Department of Transportation, Planning and Public Transportation, regarding a proposed private seaplane base site, to be known as the Kissimmee Seaplane Base, to be located within the City of Kissimmee, in Osceola County, Florida. Approval for the site will be issued on or after January 24, 1994, unless prior to said date, cause is shown, in writing, to the Florida Department of Transportation, Orlando, Florida, why such site approval should not be granted.
Ordinances/Municipalities
Request to acknowledge receipt of Certified copies of voluntary annexation City of Minneola Ordinance Number 92-10, Ordinance Number 93-09, Ordinance Number 93-10, Ordinance Number 93-11, Ordinance Number 93-12, and Ordinance Number 93-13 adopted by the City of Minneola Council on November 23, 1993, annexing property into the City of Minneola which was in the Lake County District.
PUBLIC HEARINGS
ORDINANCES/COUNTY ATTORNEY
Mr. Kirk Warren, Assistant County Attorney, appeared before the Board to discuss the proposed Ordinance Prohibiting Unreasonably Loud, Disturbing and Unnecessary Noises, and stated that the proposed ordinance depicts reasonable and standard and not decibel levels.
Mr. Warren stated that clarification had been made to the definition of "noise disturbance", on Page 2, Section 4; and
language relating to animal noises, such as barking, crying, howling or other objectionable noises had been inserted on Page 3, Section 7. Specific Exemptions.
Commr. Gerber stated that she has received numerous calls expressing concern that the issue of agricultural uses be addressed as an exemption.
Mr. Steve Richey, Attorney, representing Uniflora; Diane Knight, operator of foliage operations in Yalaha and Okahumpka; Golden Gem, and several maintenance operations throughout Lake County, appeared before the Board to express concern that no exemption had been addressed for legitimate agricultural uses, specifically agricultural uses not covered by Conditional Use Permits (CUPs). He explained that the citrus and fernery industry utilizes diesel and gas motors for freeze protection, and the St. Johns Water Management District has mandated that ferneries and groves utilize the use of trucks, tanking and spray operations to distribute pesticides and fertilizers, which could exceed the definition of obnoxious and offensive under the proposed ordinance. The daily maintenance and operation of maintaining citrus and ferneries should also be specifically addressed.
Mr. Richey addressed the concerns of the National Rifle Association regarding an exemption for legitimate licensed game hunting operations, and requested that consideration be given to an exemption for licensed game hunting activities.
Ms. Cecelia Bonifay, Attorney, representing a number of clients, both individually and as corporate entities which would be affected by the proposed ordinance, appeared before the Board and expressed her clients' concerns with the lack of specific exemptions for certain types of activities, and the costs associated with the enforcement, staffing and manpower that would be required for enforcement of said ordinance. She briefly discussed the need for an exemption for mining activities; industrial, commercial and manufacturing in Employment Centers; agricultural uses; recreational shooting; and tourist and special attractions.
Ms. Jean Kaminski, Executive Director, Home Builders' Association, appeared before the Board and requested that the Board address an exemption for agricultural uses, which would include maintenance and the agricultural picking and hauling season; target ranges; and legitimate hunting activities in Lake County. She noted that garbage collection, street sweeping and utility services have not been addressed as an exemption and expressed the concerns of the utility companies that provide daily utility services.
Ms. Janet Brady, a local resident, appeared before the Board and expressed her concern with the exemptions relating to animal noises and sounds relating to and originating from within any area zoned for commercial or industrial use. The proposed noise ordinance would allow businesses to create noise disturbances unabated. She brought up for discussion language in Section 5. Prohibition of Noise Disturbance, and Section 7. Specific Exemptions and expressed concern with the possibility of a noisy bar being established next to a residential area.
At this time, George E. Knupp, Jr., Sheriff, appeared before the Board and explained that Animal Control has the responsibility of handling issues pertaining to animals that are barking, crying, howling or making other objectionable noises, and an ordinance is in place, at this time, to handle said issues. Animal complaints that are received by the Sheriff's Department are directed to Animal Control. Sheriff Knupp clarified that the implementation of the noise ordinance would not result in an increase in costs for enforcement of said ordinance.
Mr. Herman Thornberg, a local resident, appeared before the Board and stated that the noise ordinance should address unnecessary residential noises, such as noise resulting from neighbors working on vehicles with no mufflers, and "boom boxes" during inappropriate hours of the day.
Commr. Cadwell expressed his concerns with the exposure of the Sheriff's Deputies and the liability to the County. He requested that clarification be provided in regard to the type of exposure that would be associated with the noise ordinance before the Board this date. He stated that language regarding the enforcement of the ordinance by the Sheriff and the Deputy Sheriffs, under Section 9. places the Deputy Sheriff in the position of making decisions to arrest individuals in situations such as neighborhood disputes. He stated that he does not intend to support the ordinance; however, he would support exemptions for agricultural uses, game hunting, and mining activities, if the Board approves said ordinance.
Mr. Warren stated that liability to the County would be mitigated as much as possible by the County Attorney's office providing legal advice to the Sheriff's Department on the appropriate method of enforcing the noise ordinance and proper training of the Deputy Sheriffs involved with the enforcement process.
Commr. Bailey stated that he has a level of comfort in the fact that the Sheriff has been involved with drafting of the ordinance, and the Board has been assured that there would not be an increase in costs for enforcement of said ordinance. He further stated that he supports addressing the exemptions that have been discussed this date individually, and he would support the noise ordinance with the appropriate exemptions.
Commr. Swartz discussed the exemption in regard to sounds relating to and originating from within any area zoned for commercial or industrial use, or sounds relating to and originating from legal, pre-existing, nonconforming commercial and industrial activities. He stated that he supports a noise ordinance; however, he cannot support the ordinance before the Board this date. He suggested that the language addressed in the proposed Vegetative Abatement Ordinance be considered as appropriate language to address legitimate agricultural activities in the noise ordinance, and requested that the issues pertaining to legitimate licensed game hunting, necessary public services or public safety activities, Section 5. Prohibition of Noise Disturbance, and Section 7. Specific Exemptions be reviewed more thoroughly.
At this time, Commr. Swartz requested that copies of noise ordinances from adjacent counties be provided to the Board for their review, and suggested that the Board postpone the public hearing to allow additional time to review all of the issues more comprehensively before approving said ordinance.
Commr. Gerber stated that she would support postponing this request for the purpose of further review and noted that there are inconsistencies in Section 5. Prohibition of Noise Disturbance, and Section 7. Specific Exemptions that must be addressed. She stated that, in order to have an ordinance that serves the people, there must be communication between law enforcement and the legislature. Commr. Hanson stated that agricultural uses; municipal activities such as utility services; mining activities; hunting and target shooting; tourist related activities, including motor and boat sports; and the County's Conditional Use Permit regulations should be specifically exempted in the noise ordinance. She noted that the original intent of the noise ordinance was to provide some regulation for the urbanized unincorporated area of the County.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried, the Board approved to postpone the public hearing on the proposed noise ordinance until February 14, 1994; and to schedule a workshop on said ordinance on January 25, 1994, at 2:20 p.m.
The motion carried by a 4 - 1 vote. Commr. Cadwell voted "No".
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, requested that Tab 12, the request for approval for the Chairman to execute the second Agreement to the Agreement between Lake County and Brown & Caldwell for consultant services for the Waste-To-Energy facility operations and environmental monitoring, and approval to encumber and expend funds, in the amount of $162,000.00, be withdrawn and rescheduled at a later date. He further requested that Tab 30, the status report on the effluent disposal issue at the Astatula Ash Monofill be scheduled for the afternoon session this date.
Commr. Gerber requested that Tab 9 be pulled for discussion.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests, with the exception of Tab 12, and Tab 9:
Accounts Allowed/Budget Transfers/Planning & Development
Environmental Management/Private Industry Council
Public Services/Community Services
Request for approval of the following budget transactions:
Fund: General
Department: Planning and Development Services
Division: Environmental Management & Planning
From: Operating Expenses/Planning Division $28,000.00
To: Operating Expenses/Environmental $28,000.00
Management Division
Transfer #: 94-0053
Fund: JTPA/Title IIC
Department: Community Services
Division: Private Industry Council
From: Personal Services/Training Support $57,409.00
To: Personal Services/Direct Training $57,409.00
Transfer #: 94-0057
Fund: County Transportation Trust
Department: Public Services
Division: Engineering
From: Contingency $39,953.00
To: Personal Services $24,953.00
Operating Expenses $1,598.00
Capital Outlay $13,402.00
Transfer #: 94-0056
Accounts Allowed/Ambulances-Hospital Districts
Request for approval of payment of monthly medicaid hospital bill, in the amount of $32,929.33; and the medicaid nursing home bill, in the amount of $35,670.21, for the month of November.
Rights-of-Way, Roads & Easements/Subdivisions
Request for acceptance of conservation easement for Deer Island Club.
Bonds - Mobile Home
Request for approval to cancel mobile home bond for Preston and Sue Saltalamacchia.
Road Closings - Permission to Advertise
Request for approval to advertise Road Vacation Petition No. 748 by Charles E. Bradshaw, Jr. to vacate tracts and rights-of-way, Monte Vista Park Farms, Plat of Bowman Realty Company, Lake Louisa area, Commissioner District 2.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval for the Chairman to execute Interlocal Agreement between Lake County and the City of Minneola, a recipient of the Parks and Recreation Capital Improvement Program, for funding in the amount of $22,500, for the Trail Heal Memorial Park area, which was approved by the Board on October 5, 1993.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Mascotte, a recipient of the Parks and Recreation Capital Improvement Program, for funding in the amount of $12,500.00, for the Mascotte Recreation Complex, which was approved by the Board on October 5, 1993.
Accounts Allowed/Road Projects/Roads-County & State
Request for approval to advertise for bids for Mount Plymouth Roads as follows: Fidra Avenue (4-4388C), Arlington Avenue (4-4388D), Carroll Avenue (4-4387), Niles Street (4-4488A), Project No. 12-94, at an estimated cost of $149,275.00, from the County Transportation Trust Fund. Commissioner District 4.
Accounts Allowed/Road Projects/Roads-County & State
Request for approval to advertise for bids for C445A/SR 19 north bound deceleration lane, at an estimated cost of $20,000.00, from Road Impact Fee Fund. Benefit District 1, Commissioner District 4.
Accounts Allowed/Road Projects/Roads-County & State
Request for approval to award Round Lake Road (4-4183) Widening and Resurfacing, Project No. 2-94, Bid No. B-5-4-41 to Professional Dirt Services; and to encumber and expend funds, in the amount of $344,580.90, from the County Transportation Trust Fund. Commissioner District 4.
Accounts Allowed/Road Projects/Roads-County & State
Request for execution of change order to Project No. 4-93, C44A/C44C Intersection, to add Bay Road/CR Old 441 Intersection Improvements, in the amount of $2,538.00.
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed: 635
Applicant: Tim and Kaye L. Vandermeer
Location: Groveland Farms
Recommend: Reserve thirty-three (33') from centerline of Groveland Farms Easement lying east of subject property.
Deed: 1495
Applicant: Gary N. Brown
Location: Emeralda Island Area
Recommend: Release all reservations.
Deeds/Road Projects/Rights-of-Way, Roads & Easements
Request for acceptance of the following Statutory Warranty Deeds:
Lee M. McMillan, Jr. and Susan P. McMillan - C-561A
Bernice H. Kennedy
by Willard D. Kennedy, as attorney-in-fact - C-561A
Elton L. and Lucille I. Westfall - C-42
Theron B. and Ellen V. Small - S. Buckhill Road (2-2439)
Elmer W. and Dorothy J. Johnson - E. Eldorado Lake Drive (4-6480)
William R. and Rosalie A. Myers - Loghouse Road (2-0835)
William J. and Rita A. Floyd - Hancock Road (2-1254)
Accounts Allowed/Grants/Tourist Development Council
Request for approval of funding for Tourist Development Grant Program for Fiscal Year 1994/95; and approval to encumber and expend funds not to exceed $42,813.00.
Accounts Allowed/Contracts, Leases & Agreements
Tourist Development Council
Request for approval and execution of contract to advertise on the Florida State Turnpike; and approval to encumber and expend funds, in the amount of $1,840.00 for the period of January 1, 1994 through August 31, 1994.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request. He explained that the data collected from the on-going waste composition study will determine what recycled materials are in the waste stream, and the type of materials that are not currently being collected. Said data, along with the data of what is being recycled primarily in the incorporated area, and what is being recycled in the municipalities, will fill the data base on what type of recycling and quantity of recycling that the County will be addressing, and the type of facility that will be required for a cooperative effort.
Commr. Gerber expressed her concerns with a number of issues addressed in a memo, dated January 5, 1994, from Mr. Steve Hiney, Recycling Coordinator. Discussion occurred regarding the variety of projects that Mr. Hiney was currently involved with, and the fact that it would be difficult for him to perform the needed functions regarding the proper design of an effective and efficient marketing plan. She further referred to the intent to solicit the participation of the various municipalities, and the interest expressed by the Cities of Leesburg, Tavares, Eustis, Umatilla, Howey-in-the-Hills and Mount Dora to participate in a mutual marketing endeavor. She questioned the possibility of said municipalities sharing in the costs associated with the study in question.
Commr. Swartz stated that he has spoken with a number of municipalities that have expressed an interest in cooperating with the County in recycling endeavors. He referred to the above mentioned memo and discussed the variety of projects that Mr. Hiney, the Recycling Coordinator, was currently involved. He stated that Mr. Hiney has a great wealth of knowledge, and experience in recycling, and an adjustment to staff assignments should be addressed to allow Mr. Hiney the time to perform the job he has expertise to perform and was hired to perform. He further stated that he does not support hiring a consultant to do a task that the Recycling Coordinator was capable of performing, and does not support amending the SCS Engineers contract for a substantially different issue from the original contract.
Discussion occurred regarding the importance of addressing some of the Solid Waste management issues prior to being presented to the Board. Commr. Hanson stressed the importance that the Consent Agenda consist of issues that generate no concern or discussion, and the items of concern should be pulled from the Consent Agenda on Friday afternoon prior to the Board meetings.
Commr. Swartz explained that, as liason to the Solid Waste Study Committee, he had no indication that staff was proposing to contract with SCS Engineers until it was placed on the agenda this date. He expressed the importance of the Board to set a clear direction to staff.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to postpone the request for approval for the Chairman to execute Addendum No. 1 to the SCS Engineers contract, and approval to encumber and expend funds in an amount not to exceed $25,000.00, until February 1, 1994.
Commr. Swartz stated that he does not support postponing this request, and that direction should be given to staff, at this time, to hire a consultant for Phase I, in the amount of $25,000.00, with the Board's understanding that there would be a Phase II, or to direct staff to review staffing responsibilities in regard to the Recycling Coordinator.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote. Commr. Swartz voted "No".
CITIZEN QUESTION AND COMMENT PERIOD
At this time, no one present wished to address the Board during the Citizen Question and Comment Period.
RECESS AND REASSEMBLY
At 10:22 a.m., the Chairman announced that the Board would recess for 10 minutes, and reconvene at 10:32 p.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS/LIBRARIES
Mr. Bruce Thorburn, Interim Director of Information Services, appeared before the Board and explained that a substantial savings to the County, and to member libraries, should result in terms of maintenance, staff time, and line changes by adding member libraries, of the Lake County Library System, onto the existing County telecommunications network to facilitate the operations of the library automation system. He explained that the savings would result, in approximately $2,500.00 per year, and a pay back to the County was expected in 2.4 years of the ten year project.
Ms. Wendy Breeden, Library Coordinator, was present to address questions presented by the Board.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval, signature, and encumbrance of funds for GTE System Agreement, GTE Municipal Lease Agreement, and accompanying documents for a five (5) year lease purchase, with $1.00 buy out for equipment to add on to the existing County telecommunications network to accommodate library automation for the Lake County Library System; subject to review and final approval by the Interim County Attorney.
CONTRACTS, LEASES & AGREEMENTS/LIBRARIES/GRANTS
Ms. Wendy Breeden, Library Coordinator, appeared before the Board to present this request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to award Proposal No. P-5-4-06, consultant for the long range planning for the Cooperative Libraries Project, to Library Development Solutions, the number one ranked vendor; and authorization for the Chairman to execute a contract with Library Development Solutions; subject to final review and approval by the Interim County Attorney.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COUNTY BUILDINGS
Mr. Pete Wahl, County Manager, presented this request to the Board.
Mr. Mike Anderson, Director of Facilities & Capital Improvements, appeared before the Board and addressed questions pertaining to the asbestos abatement of the Lake County Administration Building (round building), and explained that a $13,000.00 credit would be offered if scaffolding could be set on the second floor during the abatement process. He noted that scaffolding on the second floor would present a hazard to the public. At this time, Mr. Anderson briefly explained the abatement process, and the time schedule of four (4) weeks per floor for the abatement process.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to award a contract to Simpson & Associates, Inc. for the asbestos abatement of the Lake County Administration Building (round building); expend funds in the amount of $177,049.00; and authorize proper signature on same.
ACCOUNTS ALLOWED/COMMUNICATIONS/E-9-1-1
Mr. Pete Wahl, County Manager, presented this request to the Board.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to establish an account for payment of known recurring E-9-1-1 telephone bills annually; subject to the policy being consistent with purchasing and payment policies.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Pete Wahl, County Manager, presented this request to the Board.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of County employees to the Reprographic Needs Committee for the purpose of evaluation of solutions to improve the current reprographic situation; and the appointment of Ms. Ava Kronz, Board of County Commissioners Office Manager, to serve as a member on said committee.
AGRICULTURAL CENTER/ENVIRONMENTAL MANAGEMENT
Mr. Pete Wahl, County Manager, presented, for the purpose of discussion, a request from the Mt. Olive Cemetery Association for waiver of the fee for the use of the Soil and Water Conservation Ground Penetrating Radar detector for the purpose of identifying grey sites in an area near the Mt. Olive Church. He suggested that the Board postpone this request, until February 1, 1994, to allow staff the opportunity to review this request and develop a policy regarding future requests of this nature.
Commr. Swartz stated that he supports postponing this request to allow staff the opportunity to review the implications, and the costs that are associated with a request of this nature.
Commr. Cadwell stated that he does not support postponing this request because there are only a small number of churches that would be requesting the use of the Ground Penetrating Radar in the future.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve the request from the Mount Olive Cemetery Association for waiver of the fee for the use of the Soil and Water Conservation Ground Penetrating Radar detector; and to direct staff to develop a policy for non-profit associations that may request services of this nature in the future.
Ms. Paula Allen, Division of Soil and Water, appeared before the Board and explained that there are other associations that would be requesting the use of the Ground Penetrating Radar, and recommended that the Board develop a policy to address requests of this nature, since this decision will set a precedence for future requests.
Commr. Cadwell provided clarification that his motion included the issues addressed in Ms. Allen's memo, dated December 20, 1993, regarding the cost of this project, to include $1,700.00 in man hours for the operator, an assistant and secretarial support, the use of a vehicle for nine days, and approximately four (4) rolls of specially treated paper for a total cost of $200.00.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to postpone the request from the Mount Olive Cemetery Association for waiver of the fee for the use of the Soil and Water Conservation Ground Penetrating Radar; and to direct staff to prepare a policy, to be brought back to the Board on February 1, 1994, to address future requests of this nature.
At this time, Commr. Cadwell withdrew his motion and encouraged the Board members to support the motion to postpone this request.
The Chairman called for a vote on the motion, which carried unanimously.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Ms. Marie Wright, to fill the vacant position as a representative of the South Lake Animal League, on the Animal Control Ordinance Study Committee.
REPORTS
COUNTY ATTORNEY/MEETINGS/PLANNING & DEVELOPMENT
Mr. Frank T. Gaylord, Interim County Attorney, requested that the workshop on Lot Splits, scheduled on January 25, 1994, be rescheduled to a date to be announced.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to rescheduled the workshop on Lot Splits from January 25, 1994 to a date to be announced at a later time.
COUNTY MANAGER
INDUSTRIAL DEVELOPMENT AUTHORITY
Mr. Alvin Jackson, Economic Development Coordinator, appeared before the Board and presented a progress report on the development of an Economic Development Action Agenda. He explained that the Tourist Development Council (TDC) and the Industrial Development Authority (IDA) have agreed to serve jointly as a Steering Committee for the Action Agenda process. The Economic Development process will establish goals, policies and time lines to be included in an Economic Development Element, and the Steering Committee will be proposing an amendment to the Lake County Comprehensive Plan once said process is completed. The Economic Development Element will be the vehicle for reaching the goals for development in Lake County. He expressed appreciation to the Board of County Commissioners, on behalf of the Industrial Development Authority, for their continued support of the IDA's efforts.
At this time, Mr. Jackson presented an overhead presentation addressing issues relating to Economic Development; Development versus Growth; and the Proposed Action Plan. He reviewed nine items that create the Proposed Action Plan and stated that a survey will be prepared for the purpose of addressing internal issues, and determining how the Board perceives the economic development issues in Lake County. A general meeting is proposed in February with the Steering Committee to address issues pertaining to 1) overview and purpose for the strategic planning for economic development; 2) review of survey findings; 3) Steering Committee's responsibility in the planning process; 4) what is economic development - what it means to Lake County; 5) the process of creating an economic development plan - DCA perspective; 6) how subcommittees will operate and report to the Steering Committee; and 7) subcommittees - who should serve. He stated that discussion will occur on the proposed plans and policies at an Economic Summit tentatively scheduled on June 4, 1994.
Extensive discussion occurred regarding the appropriate makeup of the Steering Committee and the sub-committees, at which time Commr. Swartz expressed his concern with the makeup of the above mentioned committees. He stated that it was important that "regular" citizens, other than those who are directly involved in and/or benefit from the program, are involved in the envisioning process and in developing the proposed plans and policies under the proposed Action Plan.
Commr. Hanson suggested that Mr. Jackson review the criteria for the selection of the subcommittees to determine if there was a need for changes or modifications.
Mr. Jackson explained that the Industrial Development Authority was given the direction to prepare an economic strategy, and felt it was to their benefit to expand the Steering Committee since tourism tends to play a extremely large role in economic growth. He further explained that the subcommittees will be charged with coming up with the goals and objectives of the economic development, and the broad base of involvement will occur within the subcommittees.
Commr. Swartz stressed the importance that the Lake County community be a part of the Steering Committee and not just a part of the subcommittees, and expressed concern that the Board will be supporting a process that involves a Steering Committee consisting of only TDC and IDA members. He discussed the impact that Lake County has on global economy and requested that the issue of sustainability be considered as they proceed into this process.
ACCOUNTS ALLOWED/BUDGETS/SHERIFF'S DEPARTMENT
Mr. Pete Wahl, County Manager, presented this request and stated that the actual cash forward position has been determined, and funding was available to accelerate the hiring of five (5) additional Deputy Sheriff positions. He stated that the surplus cash forward was approximately $1,600,000.00, if there are no other budget adjustments.
Commr. Cadwell stated that he is in support of this request, however, cautioned the Board to be aware of the responsibility that goes with the approval of the request for five (5) additional deputies, which will result in an additional expenditure of $20,219.00 out of the budget for next year.
Commr. Hanson expressed her support of this request if the funding was available, and stated that crime was a major issue that needs to be address.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve the expenditure of $20,219.00 for five (5) additional Sheriff's positions; to authorize appropriate budget transfers; and direct staff to prepare a recommendation allocating the cash balance (the amount that exceeds project) into a reserve account that will be available at year end.
Mr. Wahl stated that the allocation of the unanticipated cash balance for the excess cash carry forward would be required to come back to the Board for redistribution and rebudgeting.
Commr. Swartz clarified that the intent of his motion was that, if there was not an appropriate line item, monies would be kept available to use toward balancing the budget and achieving some of the goals of the Board at year end.
The Chairman called for a vote on the motion, which carried unanimously.
COMMISSIONER GERBER - DISTRICT NO. 1
ORDINANCES
Commr. Gerber presented the request for approval to advertise a public hearing on the Draft Vegetation Abatement Ordinance, and stated that she would support postponing this request if the Board requires additional time to further review said ordinance.
Commr. Swartz suggested that this request be postponed and a workshop be scheduled on January 25, 1994 to further review the Vegetative Abatement Ordinance.
Commr. Hanson stated that Mr. Pete Wahl, County Manager, has indicated that this issue could be addressed under Fire Code issues, rather than create a new ordinance, and she would prefer not to create a new ordinance if this was an option.
Commr. Swartz requested that staff and the Interim County Attorney prepare a recommendation to the Board in regard to the ability of the Board to take action on issues that deal with clear and eminent danger, in anticipation of the Vegetative Abatement Ordinance.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone discussion and approval to advertise a Public Hearing on the draft Vegetation Abatement Ordinance until a workshop scheduled on January 25, 1994, at 2:30 p.m.
The motion carried by a 4 - 0 vote. Commr. Bailey was not present for the discussion or vote.
COMMISSIONER HANSON - CHAIRMAN/DISTRICT NO. 4
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to pay costs in the case of the State of Florida v. Eugene Moton in the amount of $182.70.
The motion carried by a 4 - 0 vote. Commr. Bailey was not present for the discussion or vote.
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to pay costs in the case of the State of Florida v. Eugene Herbert Sheer in the amount of $105.00.
COMMISSIONER BAILEY - DISTRICT NO. 2
RESOLUTIONS/INDUSTRIAL DEVELOPMENT AUTHORITY/COMMITTEES
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1994-13 in appreciation of Mr. Glenn Tyre's service as Chairman of the Industrial Development Authority for 1993.
COMMISSIONER HANSON - CHAIRMAN/DISTRICT NO. 4 (CONTINUED)
RESOLUTIONS/COMMITTEES
Commr. Hanson presented the recommendation by the Agriculture Advisory Committee to delete the categories of Foliage, Fern Grower, and Horse Farming from the membership. She explained that is has been difficult to fill the above mentioned categories, and the appointments previously made were not attending the committee meetings. She noted that representation for the areas of foliage, fern grower and horse farming are covered by the remaining categories.
Commr. Bailey made a motion, which was seconded by Commr. Cadwell for the purpose of discussion, to direct the County Attorney's office to draft a resolution to change the membership of the Agriculture Advisory Committee, deleting the categories of Foliage, Fern Grower and Horse Farming; and to expand the term of office to a two (2) year term.
Commr. Cadwell expressed concern with the deletion of the category of Fern Grower. He stated that he would make a recommendation for an appointment to said category if the motion would be amended not to delete the category of Fern Grower.
Commr. Bailey agreed to amend his motion to delete the categories of Foliage and Horse Farming, and not delete the category of Fern Grower.
The Chairman called for a vote on the amended motion, which carried unanimously.
RESOLUTIONS
Commr. Hanson noted that Mr. Terry E. Miller, Assistant Director, Vocational-Technical Center, was present in the audience.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Proclamation No. 1994-14 designating February 13 - 19, 1994 as Vocational Education Week.
MEETINGS
Commr. Hanson brought up for discussion an appropriate date for the State of the County public meeting to be held at the Country Club of Mount Dora.
Commr. Bailey made a motion, which was seconded by Commr. Swartz for the purpose of discussion, to approve the date of February 24, 1994, at 6:30 p.m., for the State of the County meeting and for the location to be determined.
Commr. Swartz suggested that a State of the County meeting be in a public facility and be advertised as a public meeting. He expressed his concern with the Country Club of Mount Dora location. The Chairman called for a vote on the motion, which carried unanimously.
RECESS AND REASSEMBLY
At 12:03 p.m., the Chairman announced that the Board would recess, and reconvene at 1:30 p.m. for a workshop.
TIMES CERTAIN
SOLID WASTE/LANDFILLS
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and presented the request to issue a Request for Proposal (RFP) for procurement of services for the transportation and discharge of leachate that has accumulated at the Astatula Ash Monofill, in the amount of approximately five million (5,000,000) gallons, to the deep injection well owned and operated by the Solid Waste Authority of Palm Beach County. The RFP will offer the bidder the opportunity to propose an alternate method of leachate disposal.
Mr. Roche stated that the County is in receipt of a warning letter and calendar from the Florida Department of Environmental Protection (DER) advising the County of potential violations and outlining the time frame for resolution of potential violations. The County is required to assure that the hauling of the leachate commences prior to January 31, 1994.
Commr. Cadwell stated that the appropriate method of disposal of the leachate at this time, and an appropriate long term solution to the problem of leachate disposal are the issues which need to be addressed. He expressed his support of the proposal to transport the present leachate to the Solid Waste Authority of Palm Beach County facility.
Commr. Gerber discussed the process of an on-site reverse osmosis plant as a possible long term solution for processing of leachate.
Discussion occurred regarding alternative methods of leachate disposal and the possibility of heavy rains during the next sixty to ninety days resulting in additional leachate accumulating and negating the amount of leachate that was being removed. Mr. Pete Wahl, County Manager, explained that the intent will be to seal the leachate that is in place, reshape and divert stormwater to stormwater, and prevent stormwater from mixing with existing leachate and becoming contaminated. Staff will be reviewing a number of issues to limit the amount of additional leachate that would be created during the pumping process.
At this time, it was noted that no one present in the audience wished to discuss or offer possible alternatives for the removal of approximately five million (5,000,000) gallons of leachate.
Commr. Swartz suggested that the Board declare an emergency, and use a bid process rather that a Request for Proposal (RFP). Mr. Wahl responded that the purpose of the Request for Proposal was to allow the County the latitude of not having prescribed specifications. He explained that the Board, by declaring an emergency, could waive the normal time requirements for advertising.
Mr. H. H. Hartman, a local resident, appeared before the Board and stated that he cannot recall, at any time, that a situation of this magnitude was anticipated by the consultants, and the attorneys. He suggested that the consultants be given the opportunity to solve the problems associated with leachate disposal.
Mr. Craig Ferguson, Water and Wastewater Division of Post, Buckley, Schuh and Jernigan, Inc. (PBS&J), appeared before the Board and stated that he has worked with Mr. Omar Smith, PBS&J, and the Solid Waste staff on the leachate problem. He explained that the deep well injection at the Solid Waste Authority of Palm Beach County facility was a lined industrial deep well specifically designed for leachate disposal. A deep well injection is design to inject down to a zone that dissolves solids higher than ten thousand (10,000) milligrams per liter and designed for this type of waste.
Mr. Omar Smith, Post, Buckley, Schuh and Jernigan, Inc., appeared before the Board and stated that PBS&J has been working with the regulatory agencies for Lake County and Palm Beach County and with the Solid Waste Authority, and the proposed leachate transportation proposal has received approval from the appropriate agencies.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to declare an emergency for Leachate Remediation and Transportation.
Commr. Swartz explained that Lake County will be faced with a fine of $10,000.00 per day from the Department of Environmental Protection if the County does not comply with the initial requirement to begin removal of the leachate. He has been assured that the County will be disposing of a high chloride solution, or salt water, and the deep well injection was essentially ejecting into a salt water confining acquifer. He stated that a Request for Proposal was the only recourse at this time.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization, within the declared emergency, to solicit proposals to remediate and/or transport the leachate; authorization to award a contract to the lowest and best proposer, subject to the final review and approval by the County Attorney; authorization for the Chairman to execute contract; and authorization to encumber and expend funds as required by said contract.
Discussion occurred regarding the issue of a possible $10,000.00 fine levied against the County; at which time Mr. Roche stated that the Department of Environmental Protection has assured the County that a $10,000.00 fine per day would not be levied if the County continues in good faith.
Commr. Swartz suggested that the Chairman draft a letter on behalf of the Board to Mr. Alex Alexander, District Director, Department of Environmental Protection, for the purpose of informing him of the concerns of the Board, the actions taken by the Board to address the issue of leachate disposal, and to request DEP's help and cooperation in dealing with said issue.
SOLID WASTE/REPORTS
Mr. Pete Wahl, County Manager, stated that Mr. Frank Gaylord, Interim County Attorney, and he were commissioned by the Board to review the records, documents, correspondence, and reports relative to the creation, design and operation of amendments to consider in regard to the Astatula Ash Monofill. He stated that, if the Board wishes to move forward with an attempt to determine liability or fault with the situation that created the five million (5,000,000) gallons of leachate at the ash monofill, it would be the recommendation of staff that the Board consider hiring an outside independent engineer to conduct a similar review to that which Mr. Gaylord and he has conducted, and also to review the engineering drawings and reports to make a formal determination. Staff findings, as a result of the review, indicate that there were errors on the part of Post, Buckley, Schuh and Jernigan, Inc., the County's consultant, and the County in terms of the assignment of responsibility.
Mr. Frank Gaylord, Interim County Attorney, appeared before the Board and noted that a summary of documentation had been provided to the Board for their review prior to the meeting. At this time, he reviewed the findings addressed in said documentation and stated that in March 1991 Post, Buckley, Schuh and Jernigan suggested that an isolation berm be constructed, and noted that there are references throughout said documentation to the isolation berm. He stated that it appears that Post, Buckley, Schuh and Jernigan has brought this issue to the attention of the County, and brought forward suggestions for remedial action; however, remedial action never took place.
Mr. Gaylord discussed the feasibility of the County considering litigation, and advised that a lawsuit results in the expenditure of funds, and stated that he cannot recommend to the Board that this is or is not in accordance with the standard of care that needed to be exhibited in 1991 standards, and whether it would be malfeasance or nonfeasance on the part of Post, Buckley, Schuh and Jernigan. He explained that liability, damages, and collectability are the three elements necessary in a lawsuit and, in this instance, there was no collectible. In 1991 the County had five million (5,000,000) gallons of leachate, and to-date the County has approximately five million (5,000,000) gallons of leachate, which raises the question whether there has been any assessment of damages from 1991 forward.
Commr. Swartz stated that, in his review of the documents and discussions with others, he will address the issue of design versus management and operation of the facility. He expressed concern that Post, Buckley, Schuh and Jernigan has not specificly, and directly, informed the Board of the urgency of the problem with leachate at the ash monofill.
Commr. Bailey stated that he was not only troubled that the consultant did not inform the Board of the problem, but that staff did not address the issue with the Board. He stressed the importance that the Board handle this issue responsibly and reach a consensus on the appropriate method in which to handle said issue.
Commr. Hanson stated that it was very important that the Board follow the recommendations made by the consultants to achieve long term solutions to the problems associated with leachate; however, it was extremely important that the consultants recognize that they are working for the Board and that they notify the Board of important issues in the future.
Commr. Gerber requested that documentation be provided regarding the relocation of the isolation berm at the time it was determined to change the location of the berm to accommodate the transportation trucks.
Mr. Dave Deems, Senior Vice President, Deputy Director of Environmental Services for Post, Buckley, Schuh and Jernigan, Inc., appeared before the Board and stated that he has been the principal in charge of this project since 1988, and has been involved in the landfill siting issue, the recycling program, and the ash monofill design at Astatula. He stated that Post, Buckley, Schuh and Jernigan has met with County staff to determined what steps should be taken to resolve the immediate problem. At this time, he reviewed issues pertaining to the development of the Request for Proposal for the haul to Palm Beach County or other disposal alternatives; logistics pertaining to transportation and truck loading of the leachate; a revised operating plan; a recommendation on the short term management of leachate; two year interim leachate management program; and PBS&J's desire to work with the County on the development of a long term permanent solution.
Mr. Deems explained that, in the future, the County should not have leachate as salty as that which exist today, or as high a volume; therefore, the problems facing the County today should not be dealt with as part of the implementation of a long term solution. In the future, it was advised that stormwater be separated from leachate, resulting in leachate being much lower in total dissolved solids, which would allow the leachate to be pumped and hauled to a municipal wastewater treatment plant for treatment. He explained that an on-site reverse osmosis plant would be the most appropriate way to reduce the volume of the leachate for a long term solution.
Commr. Swartz questioned if there were any particular documents that Post, Buckley, Schuh and Jernigan would like to suggest that the Board review in regard to where PBS&J may have made or discussed recommendations, and have viewed or discussed action or inaction, that would indicate that the County did not operate the facility as recommended.
Mr. Deems responded that the County has been furnished a complete Post, Buckley, Schuh & Jernigan file.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:40 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
msf\1-27-94\1-18-94
The Lake County Board of County Commissioners met in special session on Tuesday, January 18, 1994, at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Don Bailey; G. Richard Swartz, Jr.; and Rhonda H. Gerber; Others present were: Tim Hoban, Senior Assistant County Attorney; Peter F. Wahl, County Manager; and Marlene S. Foran, Deputy Clerk.
ORDINANCES/PLANNING & DEVELOPMENT
Commr. Hanson opened the first public hearing on the Ordinance Amending Chapter 15, Lake County Code, Land Development Regulations, Road and School Impact Fees.
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board and stated that the Ordinance before the Board this date has been redrafted to incorporate the exemption criteria whereby impact fees run with the land rather than with the structure, for mobile homes and conventional homes. He explained that the language addressing school impact fees and the road impact fees states that credit will be given if residential use exists on the site on or prior to the date of adoption.
Mr. Knight referred to the drafted Ordinance amending the Land Development Regulations, School and Road Impact Fees and noted a correction on Page 1, Line 27, deleting "all the".
The Chairman announced that the time had arrived for public comment on the Ordinance amending the Land Development Regulations, School and Road Impact Fees. No one present wished to address this issue with the Board.
Commr. Hanson explained that the Ordinance before the Board this date only changes language in regard to a conventionally built home so that a conventionally built home will be addressed in the same manner in which the mobile home was being addressed.
Discussion occurred regarding a question presented by Commr. Swartz in regard to whether the language being proposed in the Ordinance before the Board was in keeping with the Nexus requirement that the Supreme Court has ruled with regard to the implementation and exaction of impact fees. Mr. Tim Hoban, Senior Assistant County Attorney, responded that the proposed language does comply with the Supreme Court ruling, and explained that the impact fee runs with the land even though the parcel may be vacant, noting that infrastructure was in place for future use.
It was noted that this was the first public hearing and that the second public hearing was scheduled on January 25, 1994 at 5:05 p.m. No action was taken at this time on the Ordinance amending the Land Development Regulations, Road and School Impact Fees.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:10 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
MSF/1-18-94/1-20-94