The Lake County Board of County Commissioners met in regular session on Tuesday, July 19, 1988 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: Glenn C. Burhans, Chairman: Thomas J. Windram (arriving at 10:30 a.m.); Claude E. Smoak, Jr.: James R. Carson, Jr.: and Don Bailey. Others present were: Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert L. Wilson, Finance Director; and Linda Springston, Deputy Clerk.
Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of July 12, 1988, as corrected.
ACCOUNTS ALLOWED/REPORTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the payment of Warrant #82895 through Warrant #83362, for the following accounts:
General Revenue Paisley Fire District
County Transportation Trust Bassville Fire District
Countywide Library Landfills
Pasco Fire District Mosquito Control
Countywide Fire District Capital Outlay
South Lake Fire District Law Library
Fine & Forfeiture Private Industry Council
Mt. Plymouth Fire District Northwest Fire District
Revenue Sharing Aquatic Weed
Emergency 911 Fund Section 8
Resort & Development Tax Fund Eustis Section 8
Self Insurers Fund Road Impact
Northeast Hospital Northwest Hospital
Northeast Ambulance
Included in the motion was acknowledgment for receipt of the Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 1988, in the amount of $95,715.06.
COUNTY ADMINISTRATOR'S AGENDA
DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the following non-exclusive easements:
Sidney L./Virginia H. Martin #l-5539 Huggins Rd.
Fred E./Diana S. Martin #l-5539 Huggins Rd.
DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
Daniel A./Goldie J. Wilson #4-5176 Wesley Rd.
Orvel H./Mildred T. Boyd
Bert/Fairy Brown, Cletus H./
Carolyn N. Stutzman #4-5176 Wesley Rd.
Gregory T./Andrew J. Straka #4-7688 Ebersole Rd.
Wm. F./Kristin B. Siebert #5-8068 Silver Dr.
Bobby Ray/Mary L. Mysinger #5-7861 Babb Rd.
Charles R. Austin, Jr. #3-2427 O'Brien Rd.
John W./Julianne A. Usher #3-2427 O'Brien Rd.
LANDFILLS
Mr. Michael C. Willett, County Administrator, discussed the Landfill fees for the next three years with the Board, to be approved at the third Board meeting in August, 1988.
Mr. Willett recommended to the Board to increase the tonnage rate to $14.00 for the first year, $16.00 for the second year, and from $18.00 for the third year.
No action was needed at this time.
ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for partial payment to Trac Roadbuilders for Project SA-59, in Astor, in the amount of $135,584.60.
COUNTY ADMINISTRATOR/E-9ll/SHERIFF'S DEPARTMENT
Mrs. Kathy McDonald, Assistant County Administrator, discussed with the Board the space required for the E-911 equipment.
Mrs. McDonald noted that she is trying to find enough space, for the GTE equipment that accompanies the E-911 equipment, and also space for the Sheriff's Department Communications.
Mrs. McDonald informed the Board that the only feasible recommendation to date, is to move the County Administrator's Office and the Library Coordinator over to the house, which is next to the Public Works Department (where Lake Land Planning used to be), and move the E-911 into the space vacated by the County Administrator's Office. She stated that one other solution was to move into the snack bar in the Courthouse, but she was informed that the Sheriff did not want to do that.
Mrs. McDonald stated that the staff is trying to locate the E-911 equipment in a permanent location, so it will not have to be moved in the future.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to instruct Mrs. McDonald, and the staff, to investigate the use of a portion of the snack room, in the new Courthouse, for the E-911 equipment, and to report back the findings at the next Board meeting, and to inform all parties involved of the Board's action.
PLANNING DEPARTMENT/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the preliminary plat approval of Wedgewood Club, Phase I.
PLANNING DEPARTMENT/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the final plat approval of Mt. Plymouth Fairway Estates, First Addition.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT/RESOLUTIONS
ROADS-COUNTY AND STATE/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request for the final plat approval of Quail Lake Subdivision: acceptance of a Letter of Credit, in the amount of $8,000.00; and acceptance of Blue Heron Court (#2-1227), Quail Lake Drive (#2-1226), and an extension of Bailey Drive (#2-1127A) into the County maintenance system.
Commr. Bailey declared a conflict of interest, and abstained from the discussion and the vote, as he is the developer of the subdivision.
BONDS - MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept a non-conforming use bond for S. W. Williams, Lake Minnehaha Area, District #3.
CONTRACTS, LEASES AND AGREEMENTS/ENVIRONMENTAL SERVICES
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures on the Water and Sewer Management Feasibility Study contract, with Post, Buckley, Schuh and Jernigan, Inc.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Northwest and Pasco Fire Districts, to send Walt Weiner and David Januchowski, to the Fire Ground Commander Seminar, in Safety Harbor, on August 6-7, 1988, at a total estimated cost of $472.00.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 503 - James D. Holden - Howey-in-the-Hills Area
Mr. James Holden, the petitioner, appeared before the Board to inform them that Mr. Chris Blanton has been out of town, therefore has not been available to sign the necessary right-of-way deed forthe road vacation, and that Mr. Blanton has requested that permission for the road vacation be granted.
It was noted that the proper proof of publication was on hand as it appeared in the April 27, 1988, and May 4, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate that portion of Sunset Drive, First Subdivision of Howey-in-the-Hills, Howey-in-the-Hills Area, as advertised in Petition No. 503, for James D. Holden, subject to the required right-of-way deed being signed, properly executed, and delivered to the County within 10 days.
Petition No. 508 - Richard D. Nusbaum - Ferndale Area
Mr. Roger Knight appeared before the Board to discuss the road vacation with the Board and stated that he is currently using an easement to get to his property.
It was noted that the easement Mr. Knight is using is not a legal easement for access to his property.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board postponed Petition No. 508, for Richard D. Nusbaum, to vacate a portion of Halley Street, Ferndale Subdivision, Ferndale Area, for an additional 30 days, and that the staff communicate with the petitioner, in writing, that they need to provide to the Board of County Commissioners proof of legal alternate access to Mr. Knight's property, or the Board will have no other recourse, but to deny the petition.
Petition No. 512 - John B. Whitaker - Eustis Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the June 29, 1988, and July 6, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate roads and lots, in the unrecorded Plat of Higley, Eustis Area, as advertised in Petition No. 512, by John B. Whitaker.
Petition No. --- 513 - Donald and Margaret Duncan -Bassville
Park Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the June 29, 1988, and July 6, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate a portion of Hampton Street, Bassville Park Area, as advertised in Petition No. 513, by Donald and Margaret Duncan.
Petition No. 514 - Wallace and Elsie Stacy - Yalaha Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the June 29, 1988, and July 6, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request to vacate a portion of an unnamed street, West Addition to Bloomfield, Yalaha Area, as advertised in Petition No. 514, by Wallace and Elsie Stacy.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No. 515 - Edwin Padgett - Lady Lake Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise to vacate that portion of an unn am ed road , plat of Dundee, Lady Lake Area, in Petition No. 515, by Edwin Padgett.
Petition No. 516 - Frank and Elizabeth Sevill
Mt. Plymouth Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise to vacate a lot and roads, Mt. Plymouth "Section A", Mt. Plymouth Area, in Petition No. 516, by Frank and Elizabeth Sevill.
Petition No. 517 - Johnny Treadwell - Eustis Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise to sion, vacate a port on of 2nd and 3rd Streets, Phillipsburg Subdiv Eustis Area, n Petition No. 517, by Johnny Treadwell.
Petition No. 518 - Skiing Paradise, Pierre and Denise
Grimm - Groveland Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise to vacate tracts and roads, Groveland Farms Subdivision, Groveland Area, in Petition No. 518, by Skiing Paradise, Pierre and Denise Grimm.
LANDFILLS/MUNICIPALITIES
Mr. Michael C. Willett, County Administrator, stated that Ms. Claire Bartlett, Solid Waste Disposal Director, had received quotes on 20 and 30 cubic yard green boxes, for the Umatilla Landfill.
Ms. Bartlett stated that these are open 20 and 30 cubic yard boxes, and she has obtained the price quotes because of the need for one at the Loghouse Landfill and the Umatilla Landfill.
Ms. Bartlett stated that there is a 30 cubic yard compacting box, which she would like to look into for the Umatilla Landfill, which would give a four-to-one compaction versus an open box. She proposed that when the Loghouse Landfill is closed for renovation, that the landfill obtain a 20 cubic yard box, for use of disposal by residents.
Ms. Bartlett requested an opportunity to check into the compacting box, which the Board granted, and instructed her to report back, in the afternoon, her findings.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, to transfer $13,000.00, of the Sheriff's Department Contingency monies, into the Law Operating Expense Budget, in the account of 521-451, Auto, Plane and Boat Insurance, due to the unforeseen premium increase the Lake County Sheriff's Office received after the Budget was submitted in May, 1987.
ACCOUNTS ALLOWED/COUNTY PROPERTY
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved for the following items, in the amount of $28,775.10, to be removed from Lake County's Fixed Assets, for the month of July, 1988:
Prop# Dept. Item Amount Reason
8853 Mt. Plymouth FD Rescue Truck $1,200.00 To be junked
8954 Sorrento FD Firetruck 1,200.00 To be junked
8988 Forrest Hills VFD Pumper 3,000.00 To be junked
9269 Bassville FD Answer/Recorder 300.00 To be junked
10304 Minneola FD LaFrance 10,000.00 To be junked
10459 Surplus Mobile Radio 1,142.00 To be junked
10470 Surplus Mobile Radio 1,142.00 To be junked
10695 Mid Fla Lakes FD Pager 291.00 Destroyed
10733 Bassville FD Auto Car 2,000.00 To be junked
10827 Lake Jem FD Pumper 6,000.00 To be junked
10828 Lake Jem FD 1400 Gal Tanker 2,500.00 To be junked
Total $28,775.10
RECESS AND REASSEMBLY
At 9:50 a.m. the Chairman announced that the Board would recess and reconvene at 10:30 a.m. for the scheduled public hearing.
At this time it was noted that Commrs. Smoak and Bailey were not present for the remainder of the morning session.
ACCOUNTS ALLOWED/ASSESSMENTS/GAME AND FRESH WATER FISH
COMMISSION/ROAD PROJECTS/STATE AGENCIES
The Chairman announced that the time had arrived for the scheduled public hearing on SA-59, in Astor, adding Ermine, Deer, Coone and Palmetto Roads.
Mr. Harlon Sherbert, a property owner in the Astor Forest Campsites, appeared before the Board to object to the assessment costs.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the addendum to SA-59, in Astor, to add Ermine, Deer, Coone and Palmetto Roads.
Mr. William Chandler, President of the Astor Forest Homeowner's Association, appeared before the Board to discuss some problems concerning the road paving project in Astor.
Mr. Chandler stated that some representatives from Trac Roadbuilders spoke to the Association regarding the plans involved in paving the roads. At that time, the representatives informed them that there are two large trees that needed to be removed, which are on Blue Creek Road and on Basin Drive. Since that time, the Association has been informed that Trac is not planning on removing any trees or building any ditches, to take care of drainage problems.
Mr. Chandler showed the Board some pictures of a Cypress tree on Basin Drive that is 19 feet from the right-of-way, and would be dangerous if the road were to be built around it, or if it were to fall, because it is dead on the top. He requested the County to remove the tree, so the road could be properly installed.
Mr. Wade Curtis, Public Works Department, stated that one difficulty in removing the tree is because there is an Osprey's nest in it, and the County would need to obtain a permit, from the Game and Fresh Water Fish Commission, in order to cut the tree on Basin Drive down.
Mr. Curtis stated that it is possible to put the road in next to the tree: and the County can take care of any drainage problems, by tilting the road and using the area adjacent to the tree as a retention area.
Mr. Chandler added that the young Osprey's have hatched and are flying, so there should be no problem in obtaining the permit from the Game and Fresh Water Fish Commission, since there are no eggs in the nest.
Mr. Curtis stated that normally the County does not need to obtain a permit to cut a tree out of the right-of-way, but in this case, involving the Osprey nest, it is necessary. It was noted that obtaining the permit, from the Game and Fresh Water Fish Commission, would take approximately 30 days, and the County should have it by the time the roadbuilders are working in that area.
At this time, the Commissioner's instructed Mr. Curtis to apply for a permit, with the Game and Fresh Water Fish Commission for removal of the Cypress tree on Basin Drive.
Mr. Charles Barton, who lives directly across from the tree in question, appeared before the Board and stated that he feels that the tree needs to be taken down.
RECESS AND REASSEMBLY
At 10:50 a.m. the Chairman announced that the Board would recess for lunch and reconvene at 1:00 p.m. for the scheduled agenda item.
COUNTY PROPERTY/JAILS/REPORTS
Mr. Bob Messmer, architect with Hellmuth, Obata, and Kassabaum (HOK), appeared before the Board to discuss the site location for the Jail/Criminal Justice Complex, which is to be located in downtown Tavares.
Mr. Messmer stated that HOK and Mrs. McDonald, the Assistant County Administrator, had consultations with the three primary users of the project, those being the Clerk, the Sheriff, and the Chief Judge.
Mr. Messmer distributed to the Board copies of Site Utilization Diagrams, labeled A through F. He stated that he was given certain criteria to follow in recommending a site, such as, that the building not be taller than the present courthouse; do not utilize the wetlands: and save the Health Department building. Based on these criteria, he stated that they recommend Diagram F as the most logical outline. He stated that it will occupy most of the land, and give ample parking, along with the ability for expansion. It was noted that Diagram F, consisting of two blocks, is surrounded by Pulsifer to the west, Sinclair to the east, old Highway 441 to the north, and Main Street to the south.
Considerable discussion occurred regarding the mitigation of the wetlands, for the parking area, as described in Diagram F. It was noted that, if the Board did not want to mitigate, they could utilize the parking area, as described in Diagram E.
Mr. Chris Ford, County Attorney, reported to the Board the status of the property acquisition needed to complete ownership by the County, for the properties involved. He stated that there are three parcels yet to acquire, which may involve condemnation. Those three are a Petroleum Shop, a Body Shop, and the Sprague property. The Petroleum Shop, in the western half of the block, and the Body Shop,, in the northeast corner of the block, should be no problem in acquiring. They both want to be condemned, with one wanting an actual condemnation (friendly condemnation), and the other willing to accept a letter of condemnation. He proposed that letters of condemnation be given to all of the property owners, when they sell their property, to the County, for the jail site.
Mr. Ford stated that the northern block is not totally secure, because he is still negotiating with Reverend Spray for his property.
Mr. Ford stated that he felt that the Board could eliminate some of the diagrams presented from their consideration.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the County Attorney to negotiate with the existing, not yet contracted property owners, for a price not to exceed an additional $20,000.00 above the current negotiated level, in order to avoid condemnation procedures.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize to proceed, subsequent to the date that the County is assured that the County has acquired those properties, with the design of the facility north of Main Street, in downtown Tavares.
Mr. Claudius Mango, a resident of Bloxham Street, appeared before the Board stating his concerns with the possible expansion of the complex to the west, and also stated that the residents are not satisfied with the plans for the complex as presented.
Commr. Smoak stated that the Board should do everything possible to accomodate the property owners, in order to avoid condemnation.
Mr. Ford stated that there is a slight chance, unless the parties involved in the properties change their minds, that there will not be any condemnation of that northern block, at this point in time.
Mrs. Evelyn Dodd, who owns property accross the street from the block in question, appeared before the Board stating her concerns of what the impact will be on the neighborhood, with the complex in that block, and that the County should make a buffer around it, so inmates are not looking into yards, and possibly construct parking garages.
Mr. Messmer stated that at present, the jail would be inward looking, so an inmate cannot look out of the building into the adjacent yards.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved to authorize condemnation, if necessary, as a last resort, to secure the northern block.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the architects to proceed with the design work on the two northern blocks of Main Street, as indicated in Site Utilization Diagram F, and to look at the design for the parking area at a later date.
ACCOUNTS ALLOWED/LANDFILLS/MUNICIPALITIES
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to place a 30 cubic yard container at the Loghouse Landfill, during the renovations, not to exceed an amount of $l,l00.00.
ACCOUNTS ALLOWED/LANDFILLS/MUNICIPALILTIES
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to place a 30 cubic yard self compacting container, at the Umatilla Landfill, at an approximate cost of $1,320.00 per month.
ACCOUNTS ALLOWED/BUDGETS/MEETINGS
Mr. Willett, County Administrator, discussed with the Board the budget for the County, which is $1,340,102.00 above the millage at last year's rate. He stated that, in order to fund this budget, the County will need a 3.852 millage rate, in lieu of last year's millage of 3.4.
Mr. Willett stated that he has made numerous cuts to this year's budget and reviewed those cuts with the Board.
Mr. Willett then reviewed with the Board the areas from which the budget cuts were derived.
Mr. Willett stated that he feels that the Animal Control Department is in need of upgrading.
Mr. Willett discussed with the Board some part time positions, which should be made full time, namely, at the Agricultural Center, County Administrator's Office, and Fire Protection.
Considerable discussion occurred regarding the County's budget and the millage rates involved.
At this time, the Board decided to schedule a meeting to thoroughly go over each Department's budget, including the Sheriff's Department, to determine where the cuts can be made, on Monday, July 25, 1988, at 9:00 a.m.
RECESS AND REASSEMBLY
At 2:30 p.m. the Chairman stated that the Board would recess until 3:00 p.m. for the scheduled presentation.
CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS/MEETINGS
Mr. F. Browne Gregg, with National Recovery Group, Inc. (NRG), appeared before the Board requesting that the Board consider the presentation today by Ogden Martin Systems, Inc., and to approve the proposed contract, if possible. He stated that the size of the project would be left open.
At this time, Mr. John Wooten, with Smith Barney, appeared before the Board to discuss the costs involved in the project.
Each Board member received a summary of the present status of the NRG negotiations, prepared by Ed Sledge, with Piper and Marbury, and Bob Schoenhoffer, with Alex Brown and Sons, which covered construction cost, operating cost, 1991 tipping fee, energy sharing, development fee, and financing.
Mr. Wooten stated that, the last time he came before the Board with a presentation, his company had different technology, operating costs and capital costs. They now have a mass burn technology, fixed capital costs, and lower operating costs. The primary changes are that the capital costs have gone up to $64.7 million; the total equity is the same, at $10 million; the operating costs per ton in the first year is roughly $4.7 million: and with variable rate financing, the total interest cost is approximately 7.25 percent.
Mr. Wooten discussed the revised disposal fee and how inflation would affect the fees.
Mr. Wooten stated that NRG would be putting up $10 million in equity for the project.
Mr. Wooten informed the Board that, at this time, he does not have a final total on the impact per household, because he does not yet have a final tally of the number of households in Lake County.
On the average, most households produce an average of one to two tons of waste per year, and with a disposal fee of $37.00, the total fee for one year would be approximately $70-80 per household, per year. He stated that he is waiting for updated material on the number of households in the County and would present that information to the Board at the Special Board of County Commissioner's meeting tentatively scheduled for August 4, 1988.
Mr. Wooten discussed the advantages and disadvantages to be considered with the financing of variable and fixed rate bonds.
Mr. Bob Schoenhoffer informed the Board that, with an assumed rate of 2.4 persons per household in Lake County, there would be a cost increase of approximately $5.26 a month over what most residents are paying at this time.
Mr. Mike Stearman, City of Eustis, appeared before the Board and stated that the County needs to allow the Executive Committee to be updated on the project, and that they be informed of the costs involved.
Mr. Ed Sledge appeared before the Board to discuss the specifics of the proposal for the project. He stated that it is a good proposal, and that Mr. Gregg would be getting a good return on his investment.
Mr. Sledge feels that it would benefit the County to have control of the plant, now and in the future, not necessarily to have County employees manage the plant, but to have technical private ownership, private construction and operation, also because the numbers of the tipping fees per household would not differ much. There would be several advantages for the County, namely at the end of the term of the contract, the County would still have control of the plant. He discussed several other advantages in that area.
Mr. Sledge informed the Board that this proposal is too costly for the County to rush into, because the County may not be getting the benefits they would like to receive.
Commr. Bailey suggested to the Board that the Commissioners set up a separate meeting with the County's experts, the Board, the press, and the public to discuss negotiations for the plant.
Mr. Gregg suggested that the Commissioners consider and approve the proposed contract, and take care of the NRG issue, or cease negotiations for the project.
Mr. Schoenhoffer discussed with the Board the tax benefits involved in the negotiations of the contract.
Mr. David Sokol, President of Ogden Martin, appeared before the Board informing them that he felt that the transaction, as it exists today, is a better economic transaction for the County than the contract that was approved in May, of this year, by the Commissioners.
Mr. Wooten informed the Board that, with regards to public ownership, under the federal tax laws, even if the County owns the facility, the County must use taxable bonds for the nonqualifying part of the facility. Also, if the County does proceed with a public ownership transaction, they are prohibited from using certain structural techniques, such as the equity, to bring the front end tipping fees down.
Mr. Schoenhoffer stated that the County should express a firm commitment to go forward with the transaction, finance it with a variable rate, and also instruct the staff and consultants to negotiate on the price of the equity balance. Also, that if the Board cannot achieve a privately owned transaction, which is less expensive, that the Board should obtain a publicly owned transaction.
At this time the suggestion was made to have a workshop meeting including the staff, the Board, Omar Smith with Post, Buckley, Schuh and Jernigan, and the Pollution Control and Landfill Departments, to discuss the long range garbage disposal plan for Lake County, in order to get a clear understanding of the problems and situations concerning the project.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board approved to continue to endorse the concept of the Resource Recovery Plant, specifically with the vendor who is currently negotiating with the County, and that the Board not authorize the experts to continue additional action on negotiation until such time that the Board has met in worksession with the County staff, the consulting engineering firm who is doing the overall waste management plan for the County, and anyone else that the Board would wish to invite.
Commr. Windram was not present for the vote.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board approved to authorize Mr. Sledge to respond to any overtures that Mr. Gregg might wish to make, or his representatives, and the people employed by the County, to be held in an inactive role until the conclusion of the workshop meeting on July 25, 1988, Monday afternoon beginning at 1:00 p.m. with Omar Smith of Post, Buckley, Schuh and Jernigan, Jeff Clunie from R. W. Beck and Associates, and publicly invite anyone who wishes to present any other alternatives to the County; but to look at a total overview and make a decision, that day, if the County is going to proceed with a Resource Recovery Plant, as it is now proposed.
Commr. Windram was not present for the vote.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved to authorize the County Attorney to proceed with the application for a $75 million bond allocation, for the Resource Recovery Plant.
Commr. Windram was not present for the vote.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried, the Board approved to schedule a meeting, with the Board, for 9:OO a.m., on August 4, 1988, to discuss the Resource Recovery Project, subject to cancellation by the Board.
Commr. Windram was not present for the vote.
CONTRACTS, LEASES AND AGREEMENTS/COUNTY ADMINISTRATOR
ROADS-COUNTY AND STATE
Ms. Cecilia Bonifay, Attorney, appeared before the Board to discuss the request for a tri-party agreement between Orlando Regional Medical Center, Florida Rock Industries, Inc., Space Groves, and Lake County, for coordinated improvements to the Hancock Road and State Road 50 intersection.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for a tri-party agreement between Orlando Regional Medical Center, Florida Rock Industries, Inc., Space Groves, and Lake County, for coordinated improvements to the Hancock Road intersection of State Road 50, and that the work be completed by July 1, 1989.
Commr. Windram was not present for the vote.
MEETINGS/PROPERTY APPRAISER
Discussion occurred concerning the Property Appraisal Adjustment Board. It was noted that the Board needs to schedule the dates for the meeting, and to assign three County Commissioner's to be on that Board.
At this time, it was decided that Commr. Smoak, Commr. Windram and Commr. Burhans, will serve on the Property Appraisal Adjustment Board.
CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved and authorized the proper signatures on the contract with R. W. Beck and Associates, with amendments, concerning the Resource Recovery Project.
Commr. Windram was not present for the vote.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:20 p.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
LS/07-27-88