The Lake County Board of County Commissioners met in regular session on Tuesday, September 12, 1989, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: James C. Watkins, Clerk; Annette Lustgarten, County Attorney: Al Thelen, County Manager: Ava Kronz, Assistant to the County Manager; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.
Commr. Gregg introduced to the Board and staff the new County Attorney, Mrs. Annette Lustgarten, and welcomed her to Lake County.
CLERK OF THE COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Bonds - Contractor
31-90 George T. Jarvis dba Jarvis Heating & Air Cond. Inc.
140-90 Curtis Colter (Carpentry)
369-90 William B. Bass (General Contractor)
444-90 Paul I. Smith dba Paul I. Smith Concrete
1144-90 Harry E. Kreeger (Specialty)
1705-89 Michael L. Fisher (Residential Building)
4301-90 Austin B. Guinan (Electrical Contractor)
4760-89 Ken Ward dba Alrac, Inc. (Plumbing)
4766-90 Daniel M. Hayes (Sign Erection)
190-89 Paul J. Gosnell
4626-89 Joseph Hans, individually and as Apex Electric of
Marion Co., Inc.
Satisfaction of Judgment - Case No. 85-858-CF, $250.00, Enterprise Vanover.
Fla. Sheriff's Youth Ranch $ 491.83
Fla. Sheriff's Youth Ranch 486.91
Charles S. Jordan 501.36
Charles S. Jordan 501.36
Andrew L. Betz 384.44
Richard F. Boedicker 407.23
Richard F. Boedicker 455.51
Thomas H. Johnson III. 628.86
Thomas H. Johnson III. 628.86
Richard F. Boedicker 455.51
Hampton Enterprises, Inc. 3,736.61
Astor Forest Campsites
John E. & Margare Phillips $1,731.97
Wayne S. & Martha Loeser
Elmer R. & Clara A. Snyder 935.71
Elmer R. & Clara A. Snyder 935.71
Frances & Harold Wolcott 915.85
George F. & Ingeborg M. Miezejewski 1,161.75
Anthony Joseph Pugliese
James C. Foster Jr. & Barbara J. Morrison -0-
Marcel R. & Helen Desaglier $ 591.00
Marcel R. & Helen Desaglier 591.00
Florida Fruitland Park Tropical Homesites
Williams & Janet Rinesmith $1,647.50
Springs Bath & Yacht Club
William L. & Sandra Spangler $ 650.78
Ravenswood Park Subdivision
Jerry & Constance Gehlbach $ 331.01
Donald E. & Frances Richards $ 333.53
Sorrento Shores Subdivision
E. Carl & Wanda Mae McCune $5,484.17
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 15, 1989, as amended.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Gregg questioned Tab 8, the request to accept the bid from Doctors and Physicians Laboratories, for both toxicology and histology services.
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and stated that this is the first year that bids have been requested for these services, due to Florida Statute requirements, and that the services had previously been performed in-house.
Commr. Windram and Commr. Bailey had questions regarding Tabs 13 and 14, pertaining to requests for approval to advertise road vacations.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tabs 13 and 14:
Contracts, Leases & Agreements/Environmental Services
Request for signatures on the Pollutant Storage Contract with the Florida Department of Environmental Regulations.
Request for the transfer of one (1) 1975 Dodge B-350 Ambulance, Serial No. lFTJS34CHA07214, from Emergency Medical Services, to the Lake County School Board, for utilization at the Lake County Vo-Tech Center in Eustis.
Request to accept the bid from Doctors and Physicians Laboratories for both toxicology and histology services.
Accounts Allowed/Public Health
Request for authorization of payment for the monthly Medicaid Nursing Home bill, in the amount of $24,460.93; Medicaid Nursing Home Re-bill, in the amount of $165.00; and the Medicaid Hospital bill, in the amount of $37,187.27.
Request for reimbursement to Cooper Memorial Library, for August 1989 payroll, in the amount of $5,404.65.
Request for final approval of Emerald Greens, Phase II, and acceptance of a performance bond, in the amount of $323,250.00.
Bonds - Mobile Home
Request for George Alspach, Sorrento Area, District #4, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.
Accounts Allowed/Bids/Purchasing Department
Request to award bid #OOB-967-090 - Typewriter Maintenance, to Marlin Business Machines, in the amount of $5,020.00.
Accounts Allowed/Bids/Fire Protection
Request to award bid #014-964-090 - Fire Extinguisher, to Bee-Saf-Tee Fire Equipment Company, in the approximate amount of $2,775.69.
Request to award bid #O1l-963-090 - Uniforms, Smocks, Shop Rags, to Mid State Uniform, in Lakeland, in the approximate amount of $21,440.00.
Accounts Allowed/Bids/Purchasing Department
Request to award bid #015-957-090 - Pest Control to Certified Pest Control, in the amount of $320.00 per month.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
PETITION #547 - George and Jackie Conn - Eustis Area
Discussion occurred regarding the request for approval to advertise road vacation, Petition No. 547, from George and Jackie Conn, to vacate Magnolia Plat of Phillipsburg - Eustis Area.
Commr. Windram stated concerns involving the vacation closing off one of the surrounding property owners' access.
Mr. Al Thelen, County Manager, informed the Board that Mr. Jim Stivender, Director of Public Works, communicated with the property owner, and that once notice was given to him, he would come in and discuss the problem.
Commr. Windram stated that he felt the problem of access should be resolved before advertisement.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved for staff to resolve the access problem of the above request, before permission is granted for advertisement of Petition No. 547, George and Jackie Conn.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
PETITION #558 - Faith School of Theology - Groveland Area
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise road vacation Petition No. 558, from Faith School of Theology (Rev. Wm. Pearl), to vacate streets and lots, North Shore Drive Estates, Groveland area.
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signatures on a contract between the St. Johns River Water Management District and the Lake County Board of County Commissioners.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for adoption of the Standard Operating Procedures for the E-911 System.
PLANNING & DEVELOPMENT/SUBDIVISIONS
Mr. John Swanson, Director of Planning, appeared before the Board to discuss the request for preliminary plat approval of Lake Dalhousie Estates Subdivision. Public Works recommended approval, with the inclusion of a 50 foot wide vegetative buffer separating the proposed recreation area from adjacent property owners, and a deceleration lane.
Mr. Swanson informed the Board that the Planning and Zoning Commission approved the preliminary plat, with the requirement for accel/decel lanes at the entrance of the project. The Subdivision Advisory Committee met with the Engineering Department and determined that the acceleration lane was not necessary, based upon a traffic engineering design for the area.
Mr. Robert Farner, Farner Barley and Associates, Inc., and Mr. Steve Adams, Lake Land Planning, appeared before the Board to discuss the conditions being included in the request for preliminary plat approval, and indicated that they had no problem with the conditions.
Commr. Windram made a motion, which was seconded by Commr. Bailey, to approve the preliminary plat of Lake Dalhousie Estates Subdivision, with the inclusion of a 50 foot wide vegetative buffer separating the proposed recreation area from adjacent property owners, and a deceleration lane.
Under discussion, Commr. Swartz stated that he felt the recreation area should be internalized within the project, with previous instruction being given to staff to develop regulations in regards to this, and therefore, could not support the preliminary plat.
The Chairman called for a vote on the motion, which was carried.
Commr. Swartz voted "no".
PLANNING & DEVELOPMENT/SUBDIVISIONS
Mr. John Swanson, Director of Planning, appeared before the Board to discuss the request for approval of the preliminary plat of Silver Lake Forest Subdivision. He stated that the Planning and Zoning Commission approved the preliminary plat, with the inclusion of accel/decel lanes at the intersection of Radio Road and the proposed Silver Bluff Drive. Mr. Swanson further stated that the Public Works Department reviewed the proposed subdivision and did not require accel/decel lanes at the Subdivision Advisory Committee meeting. This was primarily due to the fact that the curve near this intersection would interfere with site distance.
Mr. Greg Beliveau, Lake Land Planning, appeared before the Board to discuss the request.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the preliminary plat of Silver Lake Forest Subdivision, without accel/decel lanes, in accordance with engineering design standards.
CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY
Mr. Al Thelen, County Manager, discussed the request to accept an Interlocal Agreement with the Water Authority on Joint Geographic Information System. Mr. Thelen stated that the County is required, under this agreement, to provide a GIS operator for the system that can be used by all County Divisions, with the position being provided for in the budget. Mr. Thelen stated that he supports the request.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the Interlocal Agreement with the Water Authority on Joint Geographic Information System.
ACCOUNTS ALLOWED/COUNTY MANAGER
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to purchase two (2) wood lateral files, for the County Manager's Office, in the amount of $1,204.20.
ACCOUNTS ALLOWED/COUNTY MANAGER
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization to purchase one (1) recorder; two (2) dictate terminals, and one (1) transcri~be terminal for the County Manager's Office, in the amount of $1,896.40.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept the Risk Management Policy Statement for Lake County Government.
COUNTY POLICY/COUNTY MANAGER/FINANCE
Mr. Jim Schuster, Finance Director, appeared before the Board to discuss the proposed procedures, outlined in memo form, for budget organization and format; budget maintenance; cash disbursements; and purchasing. Board approval will allow implementation for the fiscal year 1989-1990.
Mr. James C. Watkins, Clerk, stated that the proposed procedures were reviewed from the standpoint of the County Comptroller functions, that he provides, and recommended approval.
Mr. Al Thelen, County Manager, stated that proposals will assist in clearer communication in budget procedures. He further stated that the proposals will also assist in expediting the purchase of lower cost items.
It was noted that the County Manager had authorization for payments up to $500.00, with the proposed procedures allowing up to $10,000.00.
Commr. Swartz suggested that these requests for payment come to the Board, in order for the Board to be made aware of the purchases, and to authorize the Chairman to review the payments that require a time limit.
Commr. Swartz discussed budget amendments, with Mr. Schuster presenting an explanation.
Mr. Thelen stated that he would be reviewing monthly reports involving budget transfers.
Commr. Swartz stated that he would like to see the County Manager approve budget transfers.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to accept the proposed Finance Department-County Manager's procedures, with the concept that only expenditures above $lO,OOO.OO be paid with the approval of the Chairman, and with that exception, it will come to the Board, and that budget amendments would be limited up to $500.00 at the department head level, and anything beyond that will require the County Manager's approval.
Mrs. Annette Lustgarten, County Attorney, discussed an Order through the Court issued by Judge Jerry Lockett, in regards to a determination of pregnancy case. She stated that the County Attorney had filed a Motion for Rehearing, with the Court denying the request. The Order is still in affect. She stated that, if it is the desire of the Board to appeal the Order, the appeal would have to be filed within 30 days from the date of the Order, which was August 25, 1989. The other option would be to pay the fees.
Mrs. Lustgarten stated that she would be prepared to present a decision at next weeks meeting, September 19, 1989.
CONTRACTS, LEASES & AGREEMENTS
Mr. James C. Watkins, Clerk, stated that, when some of the duties were transferred from the Clerk's Office to the Board Office, one of those functions dealt with contracts and the location of them. A suggestion has been made that the original contract be secure within a vault and in the custody of the Clerk. Mr. Watkins stated that he concurred with the suggestion, and will administratively adhere to the suggestion.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the Resolution to Support and Encourage Financial Assistance from the Historic Preservation Advisory Council, Bureau of Historic Preservation, Division of Historical Resources, State of Florida, Department of State, Tallahassee, Florida, to the City of Eustis for the preservation of the McClelland Memorial Band Shell.
Commr. Bakich informed the Board that he will not be able to attend the Property Appraisal Adjustment Board hearings, and suggested that one of the other Commissioners volunteer for the seat.
At this time, Commr. Bailey stated that he would serve on the Property Appraisal Adjustment Board.
Mr. John Swanson, Director of Planning, stated that there is a Planning and Zoning Workshop Meeting (Public Hearing), to be held tomorrow, on the Wekiva. He stated that the proposed changes will be brought to the Board for consideration.
At this time, the Board scheduled a Wekiva Workshop meeting at l0:30 a.m., September 19, 1989.
CONTRACTS, LEASES & AGREEMENTS/COMMITTEES/LANDFILLS
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the Solid Waste Management discussion has been prepared primarily in response to several issues. The issues involved the following:
(1) BCC direction in June, 1988, to Mr. Watkins, Acting County Manager, to prepare information/recommendations regarding the advantages and disadvantages of tipping fees vs. special assessments, mandatory collection, and open vs. closed waste collection franchising:
(2) BCC direction to the Acting County Manager to prepare information/recommendations regarding the viability of fixing bond rates, the viability of SWAP Programs as a financing alternative, and the viability of bonding solid waste management capital improvements;
(3) Necessity for establishing tipping fees for FY 89/90;
(4) Transmission of Recycling Subcommittee recommendations for recycling program implementation: and
(5) Direction from the BCC in August to Post, Buckley, Schuh and Jernigan, Inc./staff to provide an interim update on the progress being made in conducting further detailed evaluations of potential landfill sites C, Q and K.
Mr. David Deans, Post, Buckley, Schuh & Jernigan, Inc., appeared before the Board to discuss the Landfill Site Analysis.
Mr. Deans stated that twelve (12) sites were shortlisted to five (5), with the Solid Waste Committee directing PBSJ to study sites C, Q, and K, in further detail, with the primary emphasis on site K.
Mr. Deans stated that all property owners of all three sites have been contacted. Approximately 80% of the owners have denied him access to the property for the studies. Site K had only three property owners, with the two major owners allowing access. A wildlife survey is being conducted on Site K, which should be completed within two weeks. The site plan for Site K indicates that the property can be developed for a landfill, at which time, Mr. Deans presented a detailed graph for review. Mr. Deans stated that Site K may be subdivided, and that no wetlands on the site will be destroyed.
Commr. Swartz questioned whether or not the information needed will be completed for the Board by the first meeting in October, with Mr. Deans indicating that it would be complete.
RECESS & REASSEMBLY
At l0:18 a.m., the Chairman announced that the Board would recess for five minutes.
CONTRACTS, LEASES & AGREEMENTS/COMMITTEES/LANDFILLS (CONT'D.)
Mr. Ed Sledge, Piper & Marbury, appeared before the Board and reviewed the following recommendations to be considered by the Board:
1. Continue the solid waste weighing program, and in February 1990, establish the County's tonnage commitment in the Service Agreement with NRG.
2. Continue to use tipping fees to generate revenues to pay for waste disposal.
3. Phase in tipping fee increases during the facility construction period.
4. Establish a program for enforcing the flow control ordinance.
5. Revise the County's franchise ordinances to permit administrative penalties for haulers that violate the flow control ordinance.
6. Enact a mandatory collection ordinance requiring that all residents either use a hauler or prove that waste is being delivered to County facilities.
7. Prior to enacting a mandatory collection ordinance, the County should study the possibility of creating closed franchises for residential waste.
8. Coordinate system development activities with the Cities.
9. Continue and expand recycling activities with the Cities.
10. By January 1, 1991, execute interlocal agreements with substantially all of the Cities.
Mr. Sledge discussed tipping fees; mandatory collection, in relation to residential and commercial; and closed franchises. He stated that the most consistent is mandatory collection through a special assessment.
Commr. Swartz stated that it makes it almost impossible to encourage recycling when you have a mandatory or special assessment.
Mr. Don Findell, Director of Environmental Services, appeared before the Board and discussed mandatory collection and mandatory recycling, with enforcement being made through Code Enforcement.
Mr. Jeff Abernathy, AAA Refuse, appeared before the Board and stated that a lot of County residents do not have garbage service, and suggested that the public be educated on recycling, and requested that the Board support mandatory garbage service.
Commr. Swartz stated that he would like to review the costs of the Ogden Martin facility, and the costs that the County will have for the opening and closing of the landfills.
Commr. Windram stated that he would like to review recycling costs.
Commr. Gregg stated that recycling may generate income, but does not generate enough revenue to cover the additional costs.
Discussion occurred regarding a special assessment in unincorporated areas.
Mr. Sledge discussed the 1988 Recycling Law, which made the County responsible for a system of solid waste, and provides very limited options for municipalities to opt out of the system. One option was if the municipality had an existing landfill or solid waste disposal system, or if the municipality felt it was being discriminated against.
Commr. Gregg stated that the Board had previously indicated that it would prefer a tipping fee, and discussed closed franchises for better regulation of garbage.
Mr. Findell discussed charges to the garbage haulers and recommended mandatory garbage collection. He stated that the people penalized will be those who choose not to use the system. He further recommended revisiting the special asssessment issue, at the same time the County reviews how best to implement the mandatory collection. All of this should be considered within the next six months.
Mr. James C. Watkins, Clerk, stated that, in order to determine a closed system versus an open system of franchising, the haulers in Lake County met with the County staff, and the opinion of these people was that a closed system works, not only to the advantage of the County, but also to the haulers.
Mr. Abernathy stated that a closed system actually saves the consumer money, and that mandatory collection is the first step, with a closed sytem of franchising having more governmental regulations.
Commr. Swartz stated that the recommendations presented by Mr. Sledge are acceptable, and that he is in the favor of considering a mandatory collection, with a system devised for exemptions and individual situations.
Commr. Bakich stated that he favors a special assessment, which should be considered, because it offers a number of advantages.
Commr. Gregg stated that he also agrees with the recommendations.
Discussion occurred regarding the implementation of the special assessment, with Mr. Chris Ford, Attorney, stating that this needs to be considered by the end of the first quarter of next year.
Mr. Ail1 Regan, Alex Brown & Sons, Inc., appeared before the Board to discuss the Lake County Solid Waste Analysis prepared by Alex Brown & Sons, Inc., which consisted of the following three sections:
1. Debt Service Analysis for Landfill and Capital Cost Summary Budget
2. Memorandum on Conversion to fixed rate issue
3. Analysis of Cost on SWAPS presentation
Mr. Regan stated that the currently favorable market environment has clearly warranted the County's attention to the potential conversion of its resource recovery bonds to fixed rates of interest. Although the County may not be in a position to convert its bonds over the near term, several important factors, with respect to both the Facility and the bonds, have been addressed and will need continued monitoring by the Board and staff. The County should continue to address the following issues:
1. Resolution of policy with regard to systems of revenue collection, including,
a. Tipping fees
b. Assessment process and procedures
2. Continue to negotiate and sign inter-local agreements with the Cities within the County.
Mr. Regan discussed the SWAP program, and scenarios reflecting landfill capital costs that the County may incur during the fiscal year. He further discussed the one-cent sales tax being used as a secondary backup for a AAA credit rating.
Mr. Watkins stated that, at a practical standpoint, the one-cent sales tax would be pledged to the existing bonds put in place for the Criminal Justice Program, and with the exception of a minor project, it is budgeted to the Resource Recovery project.
Mr. Regan stated that, without the second pledge, the County may not get the necessary credit rating, but instead would receive a Letter of Credit.
Ms. Claire Bartlett, Director of the Solid Waste Department, appeared before the Board to discuss the Proposed Fee Structure, with Mr. Findell stating that formal action is needed by the Board for the increase in fees.
Mr. Terry Craig, Action Septic Tank Service, appeared before the Board and stated that it presently cost $60.00 to unload one septic tank, and with the increase in charges, it will then cost $160.00, and requested that this type of service be exempted from the new fee structure.
Mr. Dan Gordon, Manager of Hawthorne, appeared before the Board to discuss the one-cent sales tax and the tipping fees being proposed. He urged the Board to move quickly in placing the mandatory collection.
Mrs. Annette Lustgarten informed the Board that the adoption of the increase in fees will have to be by formal action at a public meeting.
Mr. Deans appeared before the Board to discuss the Recycling Program Analysis, Conclusions & Recommendations, which included the following:
The recommendations presented entailed the following:
1. Implement a Series of Recycling Methodologies
a. Residential Curbside Program (SB/TSS)
b. Community Drop-Off Centers
c. Commercial Business Recycling
d. Yard Waste Composting
2. Program Should be a Phased Approach
3. Negotiate a Reduction of the 30% Recycling Goal
4. Institute Mandating recycling Measures if Program Goals are not met
5. Determine Feasibility of Recycling Incinerator Ash
Mr. Findell stated that, during the budget session, he recommended expanding the amnesty day program to approximately four collections this year, involving both the cities and fire stations. He recommended that this activity be phased in, starting off with the pilot program which addresses recycling, and then expand the program as funds are available. The funds are in the proposed budget to begin the program. Mr. Findell further stated that the recommendations presented are the recommendations made by the Recycling Sub-Committee, and included the implementation of the mandatory collection program.
Mr. Findell requested that the Board approve to proceed with the finalization of the grant application, based on the program that has been outlined, and to present the recycling program and the interlocal agreements to the cities, over the next couple of weeks, in order to finalize the entire process by October 2, 1989.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved authorization to pursue the grant application, and to adopt the recommendations made by the Recycling Sub-Committee.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:55 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK