A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 28, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, July 28, 1992, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were:

C. W. "Chick" Gregg (Vice-Chairman who presided over the meeting); Don Bailey; and Richard Swartz. Commrs. Michael J. Bakich and Catherine Hanson were on vacation. Others present were: Tim Hoban, Assistant County Attorney (Annette Star Lustgarten, County Attorney, was on vacation); Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk. James C. Watkins, Clerk, was on vacation.

Commr. Bailey gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

Action regarding the Minutes of May 19, 1992 (Special Meeting); July 7, 1992 (Regular Meeting); and July 9, 1992 (Special Meeting) was postponed until the Board Meeting of August 4, 1992.

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:

Accounts Allowed



Request for payment of Warrant No. 154439 through Warrant No. 154692 for the following accounts:



Landfills County Transportation Trust

General Revenue Mosquito Control

Fire Districts Resort & Development Fund Tax

Aquatic Weed Private Industry Council

Capital Outlay Commissary Trust Fund

Countywide Library Miscellaneous Gas/Fund

School Impact Fee Trust Account Law Library

Northeast Ambulance Animal Shelter Trust Fund

Insurance Fund Emergency 911 Fund

Road Impact











Bonds - Contractor

Request for approval of Contractor Bonds, New and Cancellations, as follows:



New



4016-92 Dennis Harney (Aluminum Specialty)

4804-92 James F. Chaffee d/b/a D & J Electric

5119-92 Andrew Thompson, Jr. d/b/a Andy's Home Improvement (Residential)

5120-92 Larry E. Weaver d/b/a Skilkraft Construction, Inc. (Building Contractor)

5121-92 Michael W. Embree d/b/a Embree Electric

5123-92 Randall L. Lund (Residential Contractor)

5125-92 Charles Couture Roofing

5118-93 David Hise d/b/a Quality Services (Roofing)



Cancellations



1865-92 Lance C. Dotson d/b/a Lance Dotson Construction

5019-92 Michael Davis McGowen



Municipalities/Ordinances/Zoning



Request to acknowledge receipt of Ordinance No. 92-02, from the Town of Lady Lake, repealing Section 7.65 of the Town of Lady Lake Zoning Regulations, pertaining to site plan reviews; creating a Site Plan Review Ordinance; establishing definitions for "simple" and "complex" developments; establishing a review procedure; and establishing fees.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 1992, in the amount of $141,054.74. Same period last year: $132,503.80



PUBLIC HEARING - ROAD VACATIONS



PETITION NO. 660 LEESBURG HUMANE SOCIETY, INC. LEESBURG AREA

Mr. Jim Stivender, Executive Director of Public Works, explained this request.

Mr. John Weatherford, Attorney, representing the petitioner, appeared before the Board stating that the Leesburg Humane Society is willing to grant the 50' non-exclusive easement that is in question.

Mr. Steve Richey, Attorney, representing Mr. Robert Hughes, adjacent property owner, appeared before the Board stating that he had filed a copy of a survey of the property in question, which shows a Large Lot Waiver which his client had filed prior to the new Land Development Regulations (LDRs) going into effect. He reviewed said survey with the Board, indicating what his client is

proposing to do with his property, noting that a new legal will be created and a non-exclusive easement will be filed as soon as the Board takes action this date. He requested the Board to approve the vacating of the easement in question and make it conditional on his client extending the current non-exclusive easement, and not put the burden on his client of claying what had already been created and filed under the old LDRs.

Mr. Stivender, Executive Director of Public Works, informed the Board that the County does not normally make road closings conditional.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public Works for approval of Road Vacation Petition No. 660, by Leesburg Humane Society, Inc., to vacate right-of-way, Leesburg area, District 5, subject to final approval by the County Attorney's Office, with the legal description going all the way through the property in question to the adjacent property located south of the property in question.

PETITION NO. 684 HALLIDAY FAMILY CORPORATION MT. DORA AREA

Mr. Jim Stivender, Executive Director of Public Works, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public Works for approval of Road Vacation Petition No. 684, Halliday Family Corp., by Peter McFarlane, Esquire, to vacate easement, Mt. Dora area, District 3.

PETITION NO. 685 WILLIAM ROBERTS PINE LAKES AREA

Mr. Jim Stivender, Executive Director of Public Works, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Public Works

for approval of Road Vacation Petition No. 685, by William Roberts, to vacate easement, Forest Park, Pine Lakes area, District 4.

PETITION NO. 687 RON SAWYER LEESBURG AREA

Mr. Jim Stivender, Executive Director of Public Works, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Public Works for approval of Road Vacation Petition No. 687, by Ron Sawyer, to vacate easement, Silver Lake Springs Subdivision, Leesburg area, District 1.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following request:

Administrative Services-Budget/Budgets/Purchasing

Request from Administrative Services-Budget, for approval of specifications, quotes, encumbering funds previously authorized, payments to be made, and other services that do not require bids or quotes, as follows:

(B) Award Bids and Encumber Funds:



(1) Capital Impv. Window Interiors Inc./ $ 8,152.00

Infrastructure Low bid on Vertical &

Sales Tax Fund Mini Blinds for Judical

CJF-3022 Center. To include all

materials and installation.



(2) Administrative New Age Technologies/ $80,000.00

Svc. Pur./ Part I. Bid #068-250- (total est.)

County Wide 092. Lowest Responsive,

proj. Responsible Bidder for

Computer Hardware, Soft-

ware, Misc. equip., all

printer except Epson

Printers.

Part II. InaComp Computer

Center/ Bid #068-250-092.

Lowest Responsive,

Responsible Bidder for

Epson Printers.



(F) Approve Services That Do Not Require Bids

or Quotes and Encumber Funds:



(1) Environmental Ringhaver/ Two Week $ 5,800.00

Svc. - Solid Rental of Trackhoe for

Waste - SW12601 landfill mining

experiment.



RECESS & REASSEMBLY

At 9:15 a.m. the Chairman announced that the Board would take a five minute recess.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ENVIRONMENTAL SERVICES

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Environmental Services, for authorization to allow Central Florida Nursery, Inc., and other nurseries that have the same problem, to transport Benlate contaminated plants and debris out of the County to an approved disposal site.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

Mr. Pete Wahl, County Manager, explained this request.

Commr. Swartz questioned why staff could not update the Closure and Post-Closure Estimates for the existing solid waste facilities maintained by Lake County, noting that he was not inclined to approve an extension or addition to the Post, Buckley, Schuh & Jernigan, Inc. Solid Waste Services contract.

Mr. Bill Cummings, Director of Solid & Hazardous Waste Management Division, answered questions presented by Commr. Swartz regarding the matter of staff doing the update.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board postponed action on a request from Environmental Services, for authorization to amend the Post, Buckley, Schuh & Jernigan, Inc. Solid Waste Services Contract, to allow for the preparation of an update to Closure and Post-Closure Estimates for the existing solid waste facilities maintained by Lake County, until the Board Meeting scheduled for August 4, 1992.

ZONING

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and was sworn in.



PETITION NO. 34-92-2 A TO AR SUABI RAMNARAIN

Mr. Greg Stubbs, Director of Current Planning, explained this request and submitted (for the record) a letter from Ms. Bonnie Roof, representing the petitioner, requesting the Board to approve the request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to AR (Agricultural Residential), for single-family residences, subject to a recommendation from Public Works that additional right-of-way be dedicated, to provide 50 feet from the centerline of Cherry Lake Road (C-478).

PETITION NO. 37-92-4 A TO CFD OTIS HILL

Mr. Greg Stubbs, Director of Current Planning, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to CFD (Community Facility District), subject to conditions recommended by staff, Pollution Control, and a condition from Public Works that additional right-of-way be dedicated to provide 50 feet from the centerline of SR 46 for construction of a church, caretaker's, and minister's residences.

CUP NO. 92/6/1-3 CUP IN RMRP ALBERT K. BUSE

Mr. Greg Stubbs, Director of Current Planning, explained this request and presented a letter (for the record) from the Tavares Chamber of Commerce in support of the request.

No one was present in opposition to the request.

Commr. Swartz noted that, prior to the County setting up its established procedures on the manner in which the Board must conduct the Zoning meetings, and the prohibition against meeting

with applicants, he had met with the individual who is planning to operate the seaplane involved with this request.

Mr. Tim Hoban, Assistant County Attorney, requested Commr. Swartz to state what issues were discussed during his conversation with the operator of the seaplane, which he did.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in RMRP (Residential Mobile Home Rental Park), to add boat tours and seaplane tours to existing uses, with conditions set forth by staff, as noted.

PETITION NO. 35-92-1 RP TO R-8 JOHN B. SHAW

Mr. Greg Stubbs, Director of Current Planning, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RP (Residential Professional) to R-8 (Mobile or Mixed Residential), with conditions set forth by staff and the recommendation by Public Works that additional right-of-way be dedicated to provide 33 feet from the centerline of Pioneer Trail, for replacement of a mobile home.

PETITION NO. 40-92-1 R-8 TO A AMOS V. MARCHANT

Mr. Greg Stubbs, Director of Current Planning, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-8 (Mobile or Mixed Residential) to A (Agricultural), for a wholesale nursery.



PETITION NO. 38-92-1 REVOCATION OF RR + CUP#544-1 AND REZONE FROM RR TO CFD LEESBURG FIRST ASSEMBLY OF GOD

Mr. Greg Stubbs, Director of Current Planning, explained this request.

Mr. William L. Brawner and Ms. Lucille Pratt, co-owners of five acres of land adjacent to the property in question, appeared before the Board to discuss this request, at which time they were sworn in. They stated they were opposed to the rezoning request, noted reasons for their opposition, and answered questions from the Board regarding same.

Mr. Jeff Myers, a member of the Board of Directors of the Leesburg First Assembly of God, appeared before the Board to discuss the request, at which time he was sworn in. He stated that the church currently owns the parcel of land that the existing facility is on and is in the process of purchasing two acres that is contiguous to said property for the purpose of adding a multi-use facility (gymnasium type facility) onto the existing structure. He stated that the parcel of land they will be purchasing will be used mainly for a buffer and additional parking. He reviewed a site plan of the property in question with the Board and answered questions pertaining to same.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for revocation of RR + CUP#544-1 and rezoning from RR (Rural Residential) to CFD (Community Facilities District), to add additional land and rezone from RR to CFD for the addition of related accessory uses to the existing church facility.

PETITION NO. 36-92-5 ER TO R-1 LAWRENCE H. HAMMONS

Mr. Greg Stubbs, Director of Current Planning, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the

Planning and Zoning Commission and approved a request for rezoning from ER (Estates Residential) to R-1 (Rural Residential), with a condition recommended by Public Works that additional right-of-way be dedicated to provide 40 feet from the centerline of Griffin Road, for construction of a single-family dwelling.

PETITION NO. 39-92-5 A TO CFD EARL J. SHUPE

Mr. Greg Stubbs, Director of Current Planning, explained this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to CFD (Community Facility District), for construction of a church and related uses.

PETITION NO. 257A-89-2 MAJOR AMENDMENT TO PUD ORD. NO. 5-90 JOHN E. LOWNDES/GREATER GROVES

Mr. Greg Stubbs, Director of Current Planning, explained this request.

Mr. Robert Mandell, President of Greater Construction, Inc. (developer of Greater Groves Subdivision - development in question), appeared before the Board, upon the request of Commr. Swartz, was sworn in, and answered questions pertaining to this request.

No one was present in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a major amendment to PUD Ord. No. 5-90, to add the following language to I. Land Use: A. Residential: "Single-family residences which may be rented to persons on a short-term rental basis, i.e., a dwelling may be leased or rented for a period of less than 28 days by a non-owner not making the dwelling his sole residency."



COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS/CORRECTIONS DEPARTMENT

JAILS

Mr. Pete Wahl, County Manager, explained this request, stating that during the budget workshop which was held on Thursday, July 9, 1992, the Board requested staff to go back and look at a couple of items, one being the Corrections Department budget (memo submitted from the Office of Management & Budget pertaining to same). He stated they believe that, while the County does not have finalized contracts with the U.S. Marshall Service or the Bureau of Immigration and Naturalization, they will be forthcoming, and with that the County will have the revenue that is necessary to fully fund this facility and its operating cost. The second item the Board requested staff to review was the cost of living adjustment that was recommended in the original budget, thus, they have proposed to the Board a staging of that cost of living, with 3% being allocated to those employees making less than $20,000; 2% to those employees making between $20-30,000; and 1% for those employees making over $30,000, with the exception of people who had gotten either a promotional increase or were new hires this year, noting that would address the four people who received salary adjustments proposed in the restructuring that was approved by the Board at the Board Meeting on July 21, 1992, noting that these individuals would receive no additional dollars.

Mr. Wahl, County Manager, also stated that, in looking at the budget, because the County does not have final action on the Corrections' beds, requested the Board to direct staff to take any cost savings that are realized, as the budget is refined, and identify same in a special revenue line within the budget, so that the Board can keep track of them and take action at the final public hearing.

Commr. Gregg requested the Board to consider going to roll-back at the public hearing, as he did not feel comfortable with doing it at this time, noting that, hopefully, by then, the County

will have some confirmed contracts with the Federal Government for the additional beds, so the County can firm up the soft revenue.

Commr. Bailey interjected that during the retreat which the Board held at the Lakeside Inn, in Mt. Dora, in January of 1992, where they set priorities for the year, the Board discussed and committed holding the millage at its present rate and, possibly, going to the roll-back rate, so that there would be no impact to the residents of Lake County, other than those people under new construction.

Mr. Tom Neumayer, Director of Corrections, appeared before the Board to answer questions regarding the issue of the contracts alluded to by Mr. Wahl, stating that the U.S. Marshall Service contract has been signed and executed, and he understood that the Bureau of Immigration and Naturalization has signed off on their contract as well, and it is being air expressed to the County Attorney's Office.

Mr. Tim Hoban, Assistant County Attorney, interjected that neither of the contracts are very firm numbers.

Mr. Wahl, County Manager, informed the Board that even though the County has a contract with the Federal Government, it is not necessarily reflective of cash flowing into the County, and he does not want to see the County get itself into a position where there is a long-term liability on the General Fund - either Contingency or Reserve.

Further discussion occurred, at which time Mr. Neumayer, Director of Corrections, stated that there is no absolute guarantee that the Federal Government is going to put the first inmate into the facility, but, in dealing closely with them in the past, has a pretty good level of comfort with the issue.

Commr. Gregg reiterated the fact that he felt the Board should set the millage as it was last year, at 4.938, and consider the roll-back rate at the final budget hearing, based on the knowledge that the Board will have at that time, concerning the contracts alluded to earlier.

Commr. Swartz interjected that he wanted the County to publicize the roll-back rate now and not wait until the public hearing, due to the fact that this is the first time in recent years that the County has had a chance to go to the roll-back rate, and, from what he has heard this date, does not feel that the Jail issue is going to make any difference.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved advertising the current millage rate of 4.938 mills for the General Fund, at this time, with further review of it between now and the final budget hearing, at which time they hope to go to the roll-back rate of 4.864 mills.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the roll-back millage rate of 0.222 mills for the Northlake Ambulance Fund.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the tentative FY 92/93 millage rate of 4.000 mills for the Greater Hills Municipal Services Taxing Unit.

CONTRACTS, LEASES & AGREEMENTS/COUNTY EMPLOYEES/COURTHOUSE

PUBLIC WORKS

Mr. T. H. Poole, Sr., President of the Tri-City Branch of the NAACP (National Association for the Advancement of Colored People), appeared before the Board to discuss the issue of the County hiring a private firm for its custodial services, thus, the laying off of 18 custodial employees. He requested the Board to rescind or reconsider the action they took at the Board Meeting of July 21, 1992, regarding same, or, if they felt it was not possible to rescind said action, to develop a transfer policy whereby said employees would be transferred to another county job, which would save the jobs of those people who are past the half-way mark of being vested into the Florida Retirement System. He stated he felt the County could do a better job of planning, as he had discovered that the County had not written into the bids any protection for

these employees, which he noted is standard practice with the State.

Mr. Poole then noted a concern he had that there was very limited discussion regarding this matter (noting that it accounts for 24% of the County's black personnel) which effects human lives and benefits, however, concerning matters which he called "artificial", such as the changing of names of streets or the vacating of roads, there is considerable discussion. He noted that when the County privatized the Jail, they took six months to discuss it. He again requested the Board to (1) reconsider or rescind their action; (2) consider a transfer policy, where the custodial employees in question are assured of their jobs; and (3) make sure that those custodial employees that pass the half-way mark (five years) be vested into the Florida Retirement System.

Mr. Poole stated he had some concern with the haste that this matter appears to have been handled, noting that he had searched for four days trying to obtain some backup information and/or discussion for the action the Board took, however, was unable to obtain any, other than the tape of the meeting where said action occurred.

Commr. Bailey stated he had some concerns when the decision was made to lay off the custodial employees and still had some concerns and, at the proper time, would like a chance to revisit the issue.

Mr. Wahl responded to Mr. Poole's comments, stating that, regarding the matter of the transfer policy he suggested, it is not a county requirement that any individual be transferred, however, feels that it is the intent of the Board that anybody wishing to remain in the County's employ would be eligible for preferential consideration in hiring for vacant positions. Regarding the matter of the County not writing into the bid protection for the custodial employees, stated that the approach taken by Public Works in the development of those specifications was to allow the vendor the opportunity to propose a variety of various scenarios, one of which

was the continuation of said personnel for a period of time. He stated that the option recommended by staff, at the time that it was recommended to the Board, was not the option that would have been the most cost savings, but a combination of the assurance of continued employment for a period of time, for those employees, as well as a mixture of what he believes to be a substantial savings for the County.

Commr. Swartz stated that, if it is the desire of Commr. Bailey to bring this issue up for reconsideration at a later date, feels it is important that everyone understand that the proposed dollars which were projected into the budget for this year, in the area of custodial services, reflected the laying off of some custodial personnel, noting that the County was going to make some of the part-time people full-time and lay off the balance of the part-time people. He stated that, if Commr. Bailey could come up with a better solution to the problem, he would certainly consider it.

Commr. Bailey stated that he would like for the Board to reconsider the issue, but at a time when the full Board is present.

Commr. Gregg interjected that, even if the Board did not agree to contract the custodial services out and kept the employees on, there is no guarantee of job continuation for any of them, noting that the County does not have a contract for life for any employee. He stated he was sorry that Mr. Poole felt the Board was targeting black employees, as the intent was never to target any specific group, it was just that custodial services is an area that happens to be contracted out a lot, due to the fact that there are a lot of vendors doing this type of work. He noted that the vendor awarded the bid is a certified MBE (Minority Business Enterprise) firm. He also stated that he felt the $117,000 savings that will be incurred is not a small amount of money, and that he sees this as just the beginning of savings that the Board requested the County Manager to seek, when the Board set its goals during the retreat that was held in January of this year. He stated that he is sensitive to 18

people losing their jobs in today's economy, no matter what their color is, and had asked, at the last Board Meeting, that these 18 people be considered and given preferential treatment for a couple of job openings that were noted at that time, as well as for any future openings that the County may have, including the Corrections Department.

It was the consensus of the Board that this matter be brought back for further discussion when the full Board is present.

No action was taken at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board set the dates of Wednesday, September 9, 1992, at 5:30 p.m., and Tuesday, September 22, 1992, at 5:30 p.m., for the first and second budget hearings for FY

1992-93.

ENVIRONMENTAL SERVICES/LANDFILLS/RESOLUTIONS

Mr. Pete Wahl, County Manager, explained this request, noting that the resolution in question establishes a non-ad valorem assessment rate schedule required to put the solid waste assessment program in place, noting that it incorporates within it a general description of the intent, purpose, and method of the solid waste assessment, along with several requirements that would include modification of the solid waste ordinance. He noted an amendment to the proposed resolution, on Page 4, Section 5, in that the scheduled public hearing will be held at the Tavares Middle School, at 5:30 p.m., on Wednesday, September 2, 1992, rather than at the Agriculture Center, as previously planned. He stated staff is recommending that the Board establish an initial rate of $74.00 per residential household, as the assessment rate, for advertising purposes.

Mr. Tim Hoban, Assistant County Attorney, informed the Board that the law firm in Tallahassee handling the solid waste issue

submitted a list (which was distributed to the Board) of some typographical changes to the resolution, which he read into the Minutes (for the record), noting that the only substantive one is on Page 4, Section 6. Notice by Publication. which states "Such notice shall be published no later than August 12, 1992, in a newspaper generally circulated in Lake County". He noted that a map had also been distributed to the Board, which should be attached to the resolution.

Mr. Tony Otte, City Administrator, City of Tavares, appeared before the Board stating that there is a reference in Appendix A which indicates how the tipping fees were arrived at, which he feels is an important part of this calculation, at which time he stated a concern that the League of Cities had previously brought before the Board regarding the tipping fee and whether or not it included the cost of a recycling program in the unincorporated areas of the County, as well as a rebate to the cities regarding same.

Mr. Wahl, County Manager, responded to Mr. Otte's concern, stating that staff has not been able to place a dollar amount on what that rebate would be, but noted that, prior to final adoption of the assessment program, it would be clarified and a recommendation made to the Board, at the final rate hearing scheduled for September 2, 1992.

Mr. Otte then stated that another factor is the transfer station costs, to which Mr. Wahl, County Manager, replied that the same issues are involved, so there will either be a rebate or an adjustment in the tipping fees to the cities.

Mr. Otte stated that what he is mainly interested in is to make sure that the tipping fee calculation includes only the things that residents in the City of Tavares should be paying for, due to the fact that they already have their own recycling program and do not use the transfer stations. He mentioned the fact that there had been discussions early on about going to some other method, but

was glad to see the tipping fee stay in place, because it helps keep the incentive there for recycling.

Mr. Wayne Saunders, City Manager, City of Clermont, appeared before the Board stating that he, too, was present representing the League of Cities. He stated that the City of Clermont was also concerned about the equity issue involved with this matter and would like to obtain the breakdowns as soon as possible. Another issue the City of Clermont is concerned about is whether there are individuals in the unincorporated area of the County who are not benefiting from recycling but are going to be paying the same assessment as those individuals who will benefit from it, to which Mr. Wahl, County Manager, responded, stating that recycling will be available, to a greater or lesser degree, to all residents in the unincorporated area, either at the transfer stations or under the pilot program that has been incorporated by Mr. Steve Hiney, Recycling Coordinator.

It was noted that the people who will have to carry their disposables to a central location will still be paying the same assessment as those people who benefit from curbside pickup, however, the issue of whether or not it is equitable is presently being looked at.

Mr. Saunders stated that the cities are concerned about the makeup of the tipping fee, however, feel that the County should go forward with it.

Further discussion occurred, at which time Commr. Swartz stated that he could not support the special assessment, as it is designed, noting that the alternative would have been to look at RFPs that the County received for recycling and try to pick a system that would have been as reasonable as the County could make it in providing curbside recycling for those people who have curbside garbage collection and provide reasonable, convenient drop-off locations for those that do not.

Upon being questioned as to how he felt the County should handle recycling in the unincorporated area, Commr. Swartz stated

that he would suggest taking from the current tipping fee those legitimate recycling and transfer station costs and assess them as part of the special assessment, or have the existing service that the County has provide for recycling. He stated that the County is going to be taking those things that should not be burned in the incinerator and burn them, because they are not being pulled out of the waste stream, so it is an economic issue as well as an environmental issue.

Discussion then occurred regarding how the unincorporated residents with collection would be handled in the near future, regarding curbside collection and how it will be paid for, to which Commr. Swartz responded, stating that it will all be paid for through a special assessment. He stated that the County will create a tipping fee for all the users of the system, but that it will not include the cost of recycling or transfer stations, because those are costs that should only be borne by people that live in the unincorporated area of the County - to charge it against those who live in the cities is inequitable and the County is going to have to, at a minimum, rebate those individuals, which will immediately leave a shortfall of approximately $250,000 to $375,000 or more. He stated that the people who live in the unincorporated area need to pay for that portion of those services - the recycling and the transfer stations. He stated that the County will need to remove what may be as much as $5.00 per ton out of the tipping fee, and move it into the special assessment, as well as whatever additional money it takes to provide those services. He stated that, what is happening, is that the County has 7,600 people in the unincorporated area who will be receiving curbside collection, but the other users of the system are going to be paying for it - not the cities, because they are going to be rebated. He stated that this is not equitable, and it does not provide for recycling, however, he noted that he did not know exactly how the County was actually going to collect it. He stated it may be that the carrier that is presently serving that person

would also provide recycling for them - the other alternative was to have a single recycling carrier, which is what the County has been doing, but he did not know which was going to be more cost efficient, because the issue has not been addressed.

Mr. Wahl, County Manager, interjected that the issues which Commr. Swartz raised are ones that have been discussed with staff, however, if the need is there for them to continue to be looked at, then staff will attempt to address them. He stated that the Board adopted an agreement in May of this year to try to resolve the issues that were outstanding with the cities regarding inequities, but, because of limitation of time, staff has attempted to build into the system the capability to move into an equity situation. He stated that, what staff is recommending the Board put in place to fund the solid waste system, is what staff believes to be a fair, equitable distribution of costs.

No action was taken at this time.

ENVIRONMENTAL SERVICES/LANDFILLS/ORDINANCES/RESOLUTIONS

A motion was made by Commr. Bailey to adopt a resolution (No. 1992-147) approving the initial non-ad valorem assessment rate schedule for solid waste disposal and recycling and to authorize the advertising of an ordinance amending Chapter 21, Lake County Code, Article III, Waste Disposal, with the public hearing to adopt the ordinance to be held on Tuesday, August 25, 1992, at 2:00 p.m., in the Board of County Commissioners' Meeting Room.

After a brief discussion, the gavel was passed to Commr. Swartz and Commr. Gregg, no longer sitting as Chairman, seconded the motion.

Commr. Swartz, acting Chairman, called for a vote on the motion, which was carried.

Commr. Swartz voted "No".



There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:15 a.m.



________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







_______________________________

JAMES C. WATKINS, CLERK



SEC/7-28-92/7-31-92/BOARDMIN