A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 4, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, May 4, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman (Commr. Hanson was not present due to another commitment); Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance & Audit Department; and Marlene S. Foran, Deputy Clerk.

Rev. B. David Beers, Associate Pastor, Morrison United Methodist Church, Leesburg, gave the Invocation and led the Pledge of Allegiance.

PERSONAL APPEARANCES

PRESENTATIONS OF AWARDS, PLAQUES AND RESOLUTIONS

COUNTY EMPLOYEES/PERSONNEL

At this time, Commr. Swartz presented the following awards and plaques, as Ms. Gwen Benton, Personnel Officer, provided information on each individual:

Five Years of Service

Oner J. Burns - Corrections/Jail Operations, LPN (Not Present)

Delores G. Collins - Public Services/Special Services, Secretary II

Cynthia D. Heffler - Public Services/ Special Services, Program Specialist

Patricia A. Howell - Corrections/Jail Operations, Cook

Huey Kennington, Jr. - Public Services/Roads, Equipment Operator II

Sandra A. Matheny - Corrections/Jail Operations, LPN (Not Present)

Ruthann Padgett - Public Services/Engineering, Right-of-Way Agent

Douglas M. Unsworth - Corrections/Jail Operations, Corrections Sergeant



Ten Years of Service



Thomas E. Hill, Jr. - Corrections/Security, Corrections Lieutenant



Twenty-Five Years of Service



Earl G. Hall - Public Services/Roads, Equipment Operator III

Presentation of "Employee of the Month" Plaque and Savings Bond to:



Cynthia Heffler - Public Services/Special Services Division, Program Specialist

COUNTY EMPLOYEES



Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, appeared before the Board to present the Order of the Battered Boot Award for the March of Dimes "WalkAmerica" to Ms. Melanie Hicks, who organized the walk for the County employees and collected over $1,000.00 for the March of Dimes.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Thomas E. Barker, Case No. 92-931CFA JL, in the amount of $250.00, and authorized proper signature on same.



Accounts Allowed



Request to acknowledge receipt of list of warrants paid prior to the May 4, 1993 meeting, pursuant to Florida Statutes, Chapter 136, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.

Reports



Request to acknowledge receipt of the Oklawaha Basin Recreation and Water Conservation and Control Authority Annual Financial Report for Fiscal Year 1991-92.



MINUTES



At this time, the Minutes of March 23, 1993 (Regular Meeting) were postponed.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 1, the request for approval on Agreement between Lake County and Judith Edwards, be pulled from the Consent Agenda for discussion, and noted that Tab 10, the request for final plat approval of Highland Lakes, Phase 2B, was subject to the County Attorney's final review. Commr. Bailey requested that Tab 6, the request for acceptance of the State of Florida Division of Communications contract for Credit Card Calling Service, also be pulled for discussion.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exceptions of Tab 1 and Tab 6:

Accounts Allowed/Contracts, Leases & Agreements



Request for approval and signature on the Rental Agreement between Lake County and CLSI for Lease of Currently Installed CLSI Automation System; and encumber and expend funds, in the amount of $6,000.00.



Accounts Allowed



Request for approval of payment to Shands Hospital for Lake County resident under the Health Care Responsibility Act for inpatient hospital stay, in the amount of $26,516.93.



Accounts Allowed/Contracts, Leases & Agreements

Fire Protection



Request for approval and signature on Lease Agreement between Lake County and the Town of Astatula relating to lease of Fire Station; and encumber and expend funds, in the amount of $9,312.00.



County Employees/Human Resources



Request for approval of certificates to employees with one and three years of service.



Accounts Allowed/Subdivisions



Request for approval to release escrow, in the amount of $5,135.10, for maintenance of roads in Stratford Subdivision (20 lots in Commissioner District 5).



Accounts/Allowed/Bonds/Subdivisions

Roads-County & State/Resolutions



Request for approval to release a performance bond, in the amount of $211,758.00, for maintenance of roads in the Vistas, First Addition; and accept the following roads into the County maintenance system: Extension of Vista Boulevard (#2-0850), Vista Del Sol (#2-0849), and Sierra Court (#2-0850B).



Accounts Allowed/Subdivisions



Request for approval of the release of an Irrevocable Letter of Credit, in the amount of $18,300.00, for maintenance for Brightstraw Acres (30 lots in Commissioner District 3).



Subdivisions



Request for final plat approval of Highland Lakes, Phase 2B, subject to final approval by the County Attorney (56 lots in Commissioner District 2).





Subdivisions/Planning



Request for approval of the Gopher Tortoise Management Plan for the Plantation at Leesburg Development of Regional Impact.



Contracts, Leases & Agreements/Zoning



Request for approval to accept and execute an Agreement between Lake County and Charles and Elizabeth Westcott, Sr., providing for Restrictions on Land Use Density.



Bonds - Mobile Home



Request for approval of the following new mobile home bonds:



Paul Schumann - Astatula Area - District 3

Pamela Lang - Clermont Area - District 2



Contracts, Leases & Agreements/Road Projects

Rights-of-Way, Roads & Easements



Request for approval and execution of an agreement between The Ocklawaha Trust and Lake County with regard to realigning the curve in Lake Jem Project: C-448 Widen and Resurface, and authorized proper signature on same.



Signs/Roads-County & State/Resolutions



Request for approval to post a stop sign at the intersection of Mitchell Way (#4-7690) for west bound traffic where it intersects with Bay Avenue (#4-7689) (Commissioner District 4).



Rights-of-Way, Roads & Easements



Request to accept a maintenance map on Ranch Road (#3-2854).



Accounts Allowed/Assessments/Bids/Road Projects



Request for approval to advertise for bids for Circle Drive and Palmetto Drive "Portion" Special Assessment Lump Sum Construction Project No. SA-77, at an estimated cost of $17,500.00 (Commissioner District 3).



Accounts Allowed/Assessments/Bids/Road Projects



Request for approval to advertise for bids for Lake Eustis Village Special Assessment Lump Sum Construction Project No. SA-78, including Lake Bradley Drive as a mandatory assessment, at an estimated cost of $100,000.00 (Commission District 5).



Rights-of-Way, Roads & Easements/Municipalities/Road Closings



Request to advertise Road Vacation Petition No. 719 by Earl H. Thiele, President of Plantation at Leesburg (Commission District 2).



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Statutory Warranty Deeds:



Vernon Lee Smith and Nancy Wallace Smith, County Road #42



Randy Hillman, Trustee, Winters Road - #2-1464





Accounts Allowed/Grants/Public Services



Request for signature authorization on the second quarter Recycling and Education Grant Reimbursement Request, in the amount of $44,839.57.



Accounts Allowed/Grants/Public Services



Request for approval to encumber and expend the municipal portion of the fourth quarter Fiscal Year 1991/92 Recycling and Education Grant Reimbursement, in the amount of $19,186.80.



Appointments-Resignations/Mosquito-Aquatic Plant Management



Request for appointment of Eric Cotsenmoyer as authorized representative to sign quarterly invoice on the Mosquito Control Waste Tire/Mosquito Abatement Grant.



Appointments-Resignations/Committees



Request for reappointments of the following individuals to the Parks and Recreation Advisory Board, with terms to expire May 20, 1995:



District No. 1 - James Hill

District No. 2 - Justin Miller

District No. 3 - Debbie Stivender

District No. 4 - Carol Schneider

District No. 5 - Greg Nelson



Budgets



Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.



A) Authorization to Seek Bids, Proposals and Professional Services and Approve Technical Specifications



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



1) Purchasing

Authorization to seek bids and approve specifications for Lake County's annual bid for Lubricants/Oils.

$ 35,000.00

F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



1) Public Serv.

Baas Auto Supply/Issue change order for $12,000, total Purchase Order will be $24,000. The Board approved the original Purchase Order on 9/15/93.

$ 12,000.00





Contracts, Leases & Agreements/Tourist Development Council



Request for approval and execution of the advertising contract between Lake County and Worth International Communications Corporation for the 1994 Florida International Travel Planner.



COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS



Mr. Pete Wahl, County Manager, provided clarification on this request.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request to accept State of Florida, Division of Communications contract for Credit Card Calling Services.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COMMITTEES

Ms. Annette Star Lustgarten, County Attorney, stated that the Board has before them a copy of the contract between Lake County and Judith Edwards incorporating changes requested by Mr. Bob Williams, Attorney for Ms. Edwards, and a copy of the Request for Proposals (RFP), which sets forth the obligations of the County. Ms. Lustgarten stated that a review has been completed on the bidding process, and said process has been performed according to County procedure.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Agreement between Lake County and Judith Edwards to serve as Children's Services Coordinator for the Citizen's Commission for Children; to encumber and expend funds in the amount of $40,000.00; and authorized proper signature on same.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

APPOINTMENTS-RESIGNATIONS/HUMAN RESOURCES/COMMITTEES

Mr. Pete Wahl, County Manager, presented the request for appointment of a Commissioner to the Personnel Committee and appointment of a Commissioner and an Alternate Commissioner to the Grievance Committee.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Commr. Gerber to the Personnel Committee; and the appointments of Commr. Swartz, as Commissioner, and Commr. Hanson, as alternate, to the Grievance Committee.

CONTRACTS, LEASES & AGREEMENTS/INSURANCE

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved authorization for the Chairman to sign the "Administrative Services Agreement" with ICMA Retirement Corporation, Plan No. 3257, Type 457.

CONTRACTS, LEASES & AGREEMENTS/PLANNING/BIDS

Mr. Pete Wahl, County Manager, stated that this request is for approval to enter into a contract with Reynolds, Smith and Hills, Inc. (RS&H) to assist in updating the Lake County Impact Fee Study and the Lake County Impact Fee Ordinance.

Mr. Mark Knight, Principal Planner, Department of Planning & Development Services, appeared before the Board and noted that the direction of the Board was for the Lake County School Board to be responsible for paying for the update on the Education impact fee schedule. He stated that an agenda item will be presented to the Lake County School Board requesting authorization to use School Board funds for the revision of the Education impact fee schedule at a School Board meeting on May 11, 1993.

Commr. Swartz noted that it was the Board's intent that the update for impact fee schedules for Fire Protection, Emergency Medical Services (EMS), and Law Enforcement be given priority attention, and that the impact fees for Library and Recreation would be reviewed.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to accept the Scope of Services for the purpose of entering into a contract with Reynolds, Smith and Hills, Inc., to update the impact fee schedules and waive the requirements for a Request for Proposals, including advertising and firm selection, subject to the understanding that the Lake County School Board will pay for the work associated with the revision of the Education impact fee schedule.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to execute a contract with Intersol of Florida, Inc. for battery recycling and/or disposal services at an estimated cost of $10,000.00 - $15,000.00.

ACCOUNTS ALLOWED/ROAD PROJECTS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to accept and authorize Change Order No. 1, Ranch Road "Part" (#3-2854) and Lois Drive (#3-3259) Lump Sum Construction, Project #4-92, in the amount of $38,865.76.

ACCOUNTS ALLOWED/ROAD PROJECTS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Services, presented this request.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to accept and authorize Change Order No. 1, Dead River Road Widening and Resurfacing, Project #16-92, in the amount of $1,399.00.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for appointment of D. Gayle Mastak to the Board of Adjustments, as the District No. 4 representative, with term to expire April 30, 1996.

On a motion By Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the reappointments of the following individuals to the Board of Adjustments, with terms to expire April 30, 1996:



District No. 1 - Gerald B. Galbreath

District No. 2 - Matthews A. Rice

District No. 3 - Sanford A. Minkoff

District No. 5 - Joseph H. Parisian

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the appointments of Thomas J. Kelley and John B. Daniels to the Charter Government Study Committee, representing District No. 4.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the appointments of the following individuals to the Charter Government Study Committee:

District No. 1 - Edward M. Schlein

Mary H. Smith

District No. 3 - Sanford A. Minkoff

Thomas L. Wetherington



ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl requested that Item 1, the request for approval of specifications, quotes, encumber funds previously authorized, payments to be made and other services that do not require bids or quotes be pulled from the County Manager's Consent Agenda for discussion.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

FIRE PROTECTION/RESOLUTIONS

Ms. Annette Star Lustgarten, County Attorney, stated that the resolution before the Board has expanded the standards set forth in Resolution No. 1992-99 and Resolution No. 1992-139, and incorporated said standards into one resolution with major changes to the Fire Protection Standards. She further stated that the resolution authorizes the Board of County Commissioners to provide waivers for good cause shown, due to unique or unusual circumstances or conditions to those standards which are adopted by resolution.

Mr. Craig Haun, Director, Fire & Emergency Services, appeared before the Board and stated that the requirements in Appendix B provide for greater flexibility in dealing with unique situations for rural fire protection, and greater flexibility to provide required fire flow for fire protection purposes in areas where municipal type water systems are not readily available.

Ms. Lustgarten noted a change in Appendix B, Page 3, Paragraph B., changing "foot" to "feet".

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution 1993-75, readopting certain standards as adopted in Resolution 1992-99 and Resolution 1992-139, with amendments to Appendix B, Fire Protection Standards.

ACCOUNTS ALLOWED/BUDGETS

Mr. Pete Wahl, County Manager, stated that multiple quotes were received in the request to waive bid requirements and accept quotes and award Purchase Order to the low most responsive quoter for thirty (30) camcorders.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes:

B) Authorization to Waive Bid Requirements and Accept Quotes and Issue Purchase Orders



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



1) Office of Permission to waive bid $35,000.00

Purchasing for requirements and accept

County Judges quotes and award Purchase

Order to the low most

responsive quoter for

Thirty (30) each

camcorders and misc.

accessories. These units

will be installed in

pursuit vehicles and will

be utilized in the

filming of DUI incidents.

The source of funding is

DUI Fine and Forfeiture

funds.





ORDINANCES/GRANTS/MUNICIPALITIES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved for the County Attorney to draft a "Fair Housing Ordinance" to ensure housing anti-discrimination in order to pursue a Community Development Block Grant for neighborhood revitalization for the Mt. Plymouth and Eustis areas.

APPOINTMENTS-RESIGNATIONS/PLANNING/COMMITTEES

Mr. Pete Wahl, County Manager, stated that this request is a recommendation for the Board to consider the appointment of a new Land Development Regulations (LDR) Technical Advisory Committee. He further stated that it is the recommendation of staff that said committee be comprised of five (5) members, one (1) member being appointed by each Commissioners.

Mr. John Brock, Senior Director, Department of Planning & Development Services, appeared before the Board and stated that this committee would function in an advisory capacity to staff through completion of the LDR revisions.

Commr. Bailey expressed concern with how to provide balance and diversity to the committee and whether a five (5) member committee would be an appropriate size.

Mr. Brock stated that he would suggested that the committee be comprised of a registered engineer, registered landscape architect, land use attorney, a developer and an individual representing an environmental interest group.

Discussion occurred regarding the appropriate size of the LDR Technical Advisory Committee and the categories to be represented.

At this time, direction was given to the County Attorney to draft a resolution appointing a new Land Development Regulations Technical Advisory Committee, consisting of one representative being appointed by each Commissioner; two appointments representing an environmental interest group, growth development, or land use attorney; and two appointments representing the professional community.

LANDFILLS/REPORTS

Commr. Swartz announced that the progress report from The Resource Development Group regarding the possible implementation of solid waste franchise areas has been scheduled for 2:00 p.m. this date. He further noted that an executive session is scheduled for 3:00 p.m., dealing with collective bargaining with the Correctional Officers, and that this would be a closed session.

OTHER BUSINESS

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval of Proclamation No. 1993-80, declaring May 1993 as "Foster Parents Month" in Lake County.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously the Board approved the appointment of Mary B. Fielding to the Animal Control Ordinance Study Committee, as representative of the Lake County Kennel Club.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the appointments of Shawne Bicek, Jan Hochbruckner, and Daniel Davis to the Animal Control Ordinance Study Committee, as representatives of each Humane Society in Lake County.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Ronald L. Gordon to the Animal Control Ordinance Study Committee, as representative of owner of exotic animals.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of William H. Ragsdale to the Animal Control Ordinance Study Committee, as representative of commercial dog trainer in Lake County.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Lois A. Wilhelm to the Animal Control Ordinance Study Committee, as representative at large.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Marie F. Zaman to the Animal Control Ordinance Study Committee, as representative of the educational community.

It was noted that the appointments to the Animal Control Ordinance Study Committee representing veterinarian in Lake County and victim of a dog attack would be postponed at this time.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the appointments of the following individuals to the Lake County Fire and Emergency Services Advisory Board:

District No. 1: Lee H. Windhorst

District No. 2: Douglas Bressler

District No. 3: Thomas J. Townsend

District No. 4: Frederick C. Brummer



On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Carroll L. Ward, Jr. to the Lake County Fire and Emergency Services Advisory Board, as a representative of the agricultural community.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Ray Gilley to the Lake County Fire and Emergency Services Advisory Board, as a representative of the business community.

It was noted that the appointments to the Lake County Fire and Emergency Services Advisory Board representing District No. 5, and the categories of private homeowner and League of Cities representative would be postponed at this time.



REPORTS

Mr. Pete Wahl, County Manager, requested that Item 11, a request for a resolution expressing gratitude and appreciation to Commissioner Catherine C. Hanson for her leadership, coordination of efforts, and dedication in helping those citizens of the County affected by the "unnamed storm"; and Item 12, a request for a resolution expressing gratitude and appreciation to Lake County employees for their dedication and selflessness and understanding and caring manner which they demonstrated to the residents affected by the "unnamed storm" be pulled from the Addendum No. 1 Agenda.

FAIRGROUNDS/RESOLUTIONS

Commr. Bailey noted that the resolution recognizing Ms. Betty H. Dittman as President of the Florida Federation of Fairs would be presented to Ms. Dittman during the June 1, 1993 Regular Board of County Commissioners' Meeting.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved ratification of Resolution No. 1993-81 recognizing Betty H. Dittman as President of the Florida Federation of Fairs.

REPORTS

SUITS AFFECTING THE COUNTY/ZONING

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a suit has been filed in relation to a denial by the Board of a rezoning application by Jerry Issacs and Charles K. Myers in regard to a manufactured home subdivision. She stated that negotiations are taking place with the attorney regarding when a response is due from the Board of County Commissioners.

CONTRACTS, LEASES & AGREEMENTS/COUNTY ATTORNEY

Ms. Annette Star Lustgarten, County Attorney, stated that the Code Enforcement Board is represented by the County Attorney's office, and Florida Statutes provides for the County Attorney's office to represent the Board of County Commissioners, or represent staff in their presentation to the Code Enforcement Board. At this time, Ms. Lustgarten requested authorization to provide outside counsel to present the case regarding Dr. Kenneth Acre, before the Code Enforcement Board, due to the conflict with representing the Board of County Commissioners and representing the County.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for authorization to contract for counsel to present a case before the Code Enforcement Board regarding Dr. Kenneth Acre.

STATE AGENCIES/PLANNING

Ms. Annette Star Lustgarten, County Attorney, informed the Board that several issues were agreed upon as a result of a conference call on May 3, 1993, with the Department of Community Affairs (DCA), regarding their most recent notice of intent. Ms. Lustgarten stated that it was agreed that two words would be deleted in relation to the Stormwater Management Ordinance, which would permit exemptions and variances. She further stated that it was agreed that introductory language to the Green Swamp Regulations would be incorporated into the Comprehensive Plan as a new policy statement, which states that only those land use designations and densities provided for in the Green Swamp Land Use designations would be the ones permitted, and no additional densities would be permitted.

Ms. Lustgarten informed the Board that certain conditions were negotiated that apply to the "1320 Rule", and DCA has recommended that language be added to Policy 1-1.11 as qualifying criteria, as follows:

1. Expansion may only occur in an area which was under common ownership at the time of plan adoption recognized as March 2, 1993;



2. Expansion may not occur beyond a natural or a manmade feature, such as arterial and collector roads, canals, waterbodies and/or corporate limit(s);



3. To prevent repetitive extensions, permitted land use activities may be extended one time only and shall be permanently fixed and final unless changed by an approved plan amendment;



4. Expansion of higher intense uses may not occur in wetlands, floodplains, or waterbody buffer areas;



5. DCA agrees to delete the initial suggestion that the timing provisions of Policy 1-1A.1 apply regardless of the actual land use designation;

6. The area of expansion shall be no greater than ten (10) acres;



7. No expansion based on this rule shall be allowed within the Green Swamp Area of Critical State Concern;



8. Only residential uses are allowed in the application of this rule; and



9. The expansion is limited to only two land use designations, Urban and Urban Expansion.



Ms. Lustgarten noted that conclusion was not reached on the issue of limiting expansion to only two land use designations, Urban and Urban Expansion. She stated that the real limitation that has been recommended by DCA would only permit expansion up to ten (10) total acres on common ownership property, and the one time expansion.

Discussion occurred regarding the three issues presented by Ms. Lustgarten this date.

Commr. Gerber made a motion, which was seconded by Commr. Cadwell, to agree to the issues relating to Stormwater Management; introductory language to the Green Swamp Regulations; and Items 1 through Item 8 in regard to the "1320 Rule", as stated above by the County Attorney; and to direct the County Attorney to negotiate and request clarification on Item 9 with the Department of Community Affairs.

Commr. Bailey expressed concern that Comprehensive Plans throughout the state should be consistent with other counties, and suggested that this issue be brought before the Lake County Delegation.

The Chairman called for a vote on the motion, which carried unanimously.

Ms. Lustgarten stated that once the issues regarding Item 9 are resolved, a new Settlement Agreement, or an amendment to the current Settlement Agreement, will be presented to the Board for approval and staff will initiate another amendment to the Comprehensive Plan to specifically address the above stated items as soon as a signed Settlement Agreement is received from DCA.

COMMITTEES/RESOLUTIONS

Mr. Pete Wahl, County Manager, informed the Board that, on May 3, 1993, the Industrial Development Authority (IDA) held a TEFRA Hearing on the proposed TTO Corporation reclamation tire project. He stated that the IDA has requested that the Board provide authorization to advertise the resolutions pertaining to the TTO Corporation project.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for authorization to advertise the resolutions authorizing the issuance of the Industrial Development Authority Industrial Revenue Bonds pertaining to the TTO Corporation project.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess for thirty minutes, and reconvene at 11:00 a.m.

LANDFILLS/REPORTS

Commr. Swartz stated that the time had arrived for the presentation by Ogden Martin Systems of Lake, Inc. on the Florida Department of Environmental Regulation (FDER) Audit.

Mr. Joe Burgess, Director of Regional Business Administration, Ogden Martin Systems of Lake, Inc. appeared before the Board to address the issues relating to the supplemental and medical waste programs at the facility. He introduced those present representing Ogden Martin Systems of Lake, Inc., as follows: Mr. Steve Bass, Director of Regional Operations, Southeast and Mid-Atlantic Regions; Mr. George Ball-llovera, Plant Manager; and Mr. Tom Garret, Business Manager. At this time, Mr. Burgess distributed a booklet outlining the FDER Inspection Review, Direct Questions Addressed to the FDER, and Business Relationship/Contract Issues, which will be presented this date.

Mr. Burgess stated that Ogden Martin Systems of Lake was required to respond to a spot audit by FDER based on a formal complaint logged by representatives of the Lake County Board of County Commissioners to the FDER, the regulatory agency which monitors the Ogden Martin facility. He stated that the issue at hand was whether or not the facility was receiving and processing hazardous waste in non-compliance with the existing air permits, or whether other hazardous waste was on-site for other house reasons. He noted, at this time, that Ogden Martin considered this a very serious event.

Commr. Swartz stated that many of the opening remarks and statements presented by Mr. Burgess have been incorrect, and noted that the booklet that has been distributed contains information that has not been brought to the County's attention prior to this date. He further stated that the letter in the booklet, date May 1, 1993, addressed to Mr. Pete Wahl, County Manager, has not been received by Mr. Wahl as of this date. He stated that said letter implies that Ogden Martin considers him (Commr. Swartz) to have violated the Service Agreement between Lake County and Ogden Martin Systems of Lake, Inc., and noted that he did not file a formal complaint with FDER.

Mr. Burgess stated that it was communicated to Ogden Martin Systems of Lake, by FDER, that Commr. Swartz had requested a meeting with FDER staff to discuss numerous issues regarding the Lake County facility, specifically the supplemental and medical waste business in relationship to the appropriateness of Ogden Martin's permits. He stated that in a formal correspondence, dated March 19, 1993, FDER stated that a formal complaint had been lodged with the department, resulting in a spot audit by FDER to determine whether or not the facility was in compliance with hazardous waste permitting.

Commr. Swartz clarified that, as a result of numerous concerns, and questions that were presented to him, he requested a meeting with FDER, noting that said concerns and questions appeared to be regulatory answers as to whether or not FDER was aware and understood what was being burned at the facility.

Mr. Burgess stated that he is suggesting that the contract with Lake County has confidentiality clauses which protect the confidentiality of Ogden Martin's internal documents. He noted that a transmission of documents, that were purported to be part of the supplemental waste documentation of the supplemental waste program, were presented to them by FDER.

At this time, discussion occurred regarding a document titled "Inventory for destruction by Roche Products, Inc.", enclosed in the booklet distributed this date. Commr. Swartz stated that there is question as to whether he has ever seen said document, but if he was responsible for transmitting said document to FDER, he received the document with other documents that were given to him by concerned citizens, and which were apparently public records.

Mr. Burgess continued with a slide presentation and stated that an audit was performed by the FDER team in response to a formal complaint on hazardous waste issues at the facility. He stated that the scope of the audit consisted of a review of the Physical Plant Process Inspection, Special/Supplemental Waste Handling Procedures, Medical Waste Handling Procedures, Record Review, and In-Plant Industrial Materials Review. He stated that the summary of findings was that Ogden Martin Systems of Lake, Inc. was inspected as a conditionally exempt small quantity generator of hazardous waste and was in compliance at the time of inspection.

Mr. Steve Bass, Director of Regional Operations, appeared before the Board and reviewed questions that have been asked, and FDER's response to said questions. Discussion occurred regarding each issue. He stated that in response to the question regarding Ogden Martin's refusal to disclose what was being burned at the facility, FDER's response was that it was their understanding that Ogden Martin has no reluctance to discuss what is being burned, but are reluctant to have their clients' names revealed. Mr. Bass noted that Ogden Martin is willing to release information with trade names blacked out.

Commr. Swartz stated that the County is concerned with future records retention, and it was noted that Ogden Martin is working with the County Attorney in regard to this issue.

Discussion occurred regarding materials that were shipped to Ogden Martin from Superior Oil Company, and whether Ogden Martin is permitted to burn oil, automotive oil filters and tires. FDER's response was that Superior Oil Company is a waste broker, and the material being shipped to Ogden Martin was shredded plastic. Mr. Bass stated that oil filters and tires are allowed at up to three (3%) percent of facility inputs per state regulations.

Commr. Swartz referred to a letter from a corporation that indicated to FDER that they were transporting a variety of items, consisting of bags, boxes and polyethylene jugs, to the Ogden Martin facility, and said letter requested that FDER respond whether said items could be incinerated. Commr. Swartz questioned if said items were brought to the Lake County facility. Commr. Swartz further referred to a letter from Mr. John Powell, Regional Environmental Coordinator, Ogden Martin Systems, Inc., to Mr. Bruce Mitchell, FDER, dealing with shredded plastic pesticide containers, at which time Mr. Bass stated that said products were not brought to the facility, and further stated that before a product is brought into the facility, the product goes before an environmental review, an operational review and a safety review. The request to destroy that product is then brought to the Ogden Martin plant where it is again reviewed.

Commr. Swartz requested that Ogden Martin provide County staff with information on types of plastics that have been burned at the facility that contained hazardous pollutants that were of the nature that required the triple washing process.

Commr. Swartz expressed concern with waste that is being received from Med-X Company, a supplier of medical waste, at which time discussion occurred regarding this issue. Mr. Bass stated that waste received from Med-X Company is sterilized bio-hazardous waste, or municipal solid waste, and noted that Florida Administrative Code states that sterilized medical waste shall be handled as municipal solid waste. He further stated that all waste that is received from the Med-X facility has a "Certificate of Autoclave". Commr. Swartz requested that Ogden Martin verify that the material being received from Med-X Corporation has been properly treated before it is brought to the Ogden Martin facility.

Discussion occurred regarding whether or not the mass burn unit fly ash meets the definition of hazardous waste prior to treatment or dilution with bottom ash. Mr. Bass stated that communities are currently focusing on appropriate methods for utilizing the ash residue in commercial applications and that combined ash can be used for landfill cover and soil-cement road base. Commr. Swartz questioned if there are regulations in Florida that allow combined ash to be used for landfill cover and soil-cement road base. Mr. Bass stated that there is no law that states combined ash can be used as perma-base; however, ash from the Hillsborough County, City of Tampa, and Pasco County facilities are permitted by FDER to be used in a material called perma-base, which is a soil-cement to be used as unlimited road base material throughout the state.

Mr. Bass noted that Ogden Martin Systems of Lake, Inc. have won the Ogden Corporation Safety Award for the safest facility in Ogden Corporation for the last two years, and the Lake County facility has never had an OSHA reportable accident.

Mr. Bass stated that Ogden Martin has received 761 tons of medical waste at the facility, or 1.5% of the total medical waste generated in Florida; 52,086 tons of supplemental waste; and 7,720 tons of municipal solid waste, which was previously autoclaved by Med-X Company.

Mr. Burgess reiterated the basis of the presentation and material presented this date, and briefly reviewed the business impacts as a result of the formal complaint and audit against Ogden Martin Systems of Lake, Inc.

Commr. Swartz requested that Ogden Martin provided responses to those items that Ogden Martin indicated they would provide during the presentation this date.

RECESS & REASSEMBLY

At 12:40 p.m., the Chairman announced that the Board would recess and reconvene at 2:00 p.m. for the Solid Waste Workshop.

LANDFILLS

Commr. Swartz announced that the time had arrived for the progress report from The Resource Development Group regarding the possible implementation of solid waste franchise areas.

Mr. Ron Roche, Director, Solid Waste Management Division, appeared before the Board to present a status report, and slide presentation, on the negotiations regarding solid waste collection and recycling services in the unincorporated area of the County with haulers that held valid residential and commercial collection permits. He stated that the items to be negotiated were service level; terms and conditions of the contract; and rates. He stated that the time limit for said negotiations was April 30, 1993. He further stated that a portion of said negotiations was the delineation of the franchise service areas, and the haulers were requested to establish exclusive franchise service areas.

At this time, Mr. Roche presented a map indicating exclusive geographic franchise areas for residential and commercial for Industrial Waste Service (IWS), Town & County Refuse, Inc. (T&C) and South Lake Refuse Service, Inc. (SLR). He stated that the goal in designing the franchise areas, during the negotiating sessions, was to do what was best for the citizens of Lake County. A review was made of the current residential solid waste service, and the proposed service. He noted that the proposed service level would include unlimited curbside garbage service, bulk items up to 3 cubic yard per pickup, and curbside recycling service.

Ms. Diane Martin, The Resource Development Group, appeared before the Board and stated that they were engaged by the County to work with the solid waste haulers to negotiate a collection and service contract, and to negotiate rates. She stated that negotiations have taken place and, as far as the general terms of the contract, an agreement has been reached and the contract is being reviewed by the haulers involved, and the County Attorney. She stated that the haulers were requested to work out franchise districts, terms of the contract were reviewed in detail with the haulers, and contract rates were negotiated with the individual haulers.

Ms. Martin stated that Industrial Waste Service and South Lake Refuse Service have negotiated rates that are fair and reasonable for the level of service involved; however, they have not been able to negotiate rates with Town & Country Refuse at this point. Ms. Martin stated that it is up to the Board to determine if they want to extend the time frame for negotiations with Town & Country. She further stated that, if terms are not reached with a particular hauler, the remaining haulers will be given the opportunity to negotiate for that area.

Commr. Bailey brought up for discussion, and clarification, the intent and direction of the Board to establish franchise areas for both residential and commercial.

Commr. Swartz stated that the Solid Waste Study Committee's recommendation referred to municipal solid waste collection. He stated that he was under the impression that they were given direction to review both residential and commercial, but it was under the perimeters that the Board would make the determination whether or not that was beneficial to the citizens of Lake County. Ms. Annette Star Lustgarten, County Attorney, interjected that the minutes of the March 23, 1993 Board of County Commissioners' regular meeting reflect that the Board approved to direct staff to develop exclusive franchise collection areas.

Mr. Roche stated that this process has been viewed as a system concept. He noted that curbside collection for residential and commercial will consist of twice a week curbside garbage collection for those residents that are currently receiving twice a week collection, curbside recycling, and 72 hour pick-up response on bulk items.

Discussion occurred regarding the extension of the negotiating time frames, at which time Ms. Martin responded that a portion of the customers involved with this program are in the assessment program, noting, therefore, there are legislative deadlines that the Board must meet. She stated that the negotiating team can work within the perimeters of a one or two day extension, but not within the perimeters of an extended period of time.

Mr. Sanford Minkoff, Attorney, representing Town & County Refuse, Inc., appeared before the Board and stated that there are issues that require clarification on the Board's direction. He questioned if it was the Board's intent that the commercial maps be drawn to reflect the current market shares of the haulers in the County. He noted that Town & Country's version of the map included a statement at the bottom of said map which stated "subject to verification of commercial accounts".

Commr. Swartz stated that the Board did not give direction to staff, or to the consultants, that any map regarding residential or commercial would exactly replicate the customer base that existed, but that they would allow the haulers to develop a map indicating geographic areas for franchises.

Mr. Minkoff stated that they have been told that the only bids that they can submit, in terms of quotations, must be based on the map presented; and if they submit any other numbers based upon any other map, said numbers are considered invalid and are not part of the negotiations.

Commr. Swartz stated that the negotiation team and staff have developed a negotiating strategy. Two of the haulers have agreed to the map and have negotiated for residential and commercial as it has been presented this date, and have negotiated for rates within those districts. He stated that within the general guidelines that have been used for negotiating, the Board would ask the haulers to negotiate within that framework, realizing that the Board will consider the recommendations of the negotiating team to adopt those rates, consider other alternatives to include bidding, and to look at and review outstanding issues.

Mr. Minkoff stated that, under the proposed residential maps, there are approximately 13,000 current customers in the Town & County service area, and over half of those customers reside in mobile home communities, with as many as 1,000 single family dwellings within that area that reside in community type developments. He stated that in developing the rates, the consultants have told Town & Country that they are required to exclude all mobile homes and single family dwellings where the residents own their own lots, if there is a current agreement in place. He requested clarification of the Board's intent that each mobile home dwelling will be required to pay the rate per dwelling per month that Town & Country is bidding, whether the mobile home is occupied or not, if there is collection in that mobile home park.

Mr. Roche responded that mobile homes that are owned by individuals that belong to an association with a hauler contract are excluded from the franchise agreement. The collection and billing for rental mobile home parks, that is to be accomplished by the hauler under the contract, is exactly as it is being collected and billed at this time. He stated that the rate that is billed may change, but not the mechanism.

Mr. Minkoff stated that the maps were drawn by agreement of the haulers with staff present, but on instructions from the consultants, rental mobile homes will be treated as single family lots regardless of any agreement. He stated that in Town & Country's area, there are 3,461 rental mobile homes within rental mobile home parks that have agreements. He stated that the issue of whether rental mobile home dwellings are included affects not only price, but also market share and the viability of the maps.

Mr. Lewis Stone, Industrial Waste Service, appeared before the Board and stated that IWS would oppose any continuation of the negotiating time frame except only to the extent that the negotiations are limit to negotiation of the rates. In response to a question presented by Commr. Swartz, Mr. Stone stated that, in the negotiating framework, IWS understood the perimeters in the negotiation position that was taken with the consultants and negotiating team during the negotiation process.

Mr. Basil Hart, South Lake Refuse, appeared before the Board and stated that SLR also understood the perimeters in the negotiating position that was taken with the consultants and negotiating team, and that SLR is satisfied with the territories, and they have reach an agreement on rates.

Commr. Swartz stated that he would like to encourage Town & Country to negotiate within the framework that is being presented, understanding that the Board will evaluate the total cost, which includes solid waste disposal and collection, in trying to determine what the impact is going to be on the citizens of Lake County.

Commr. Cadwell stated that he feels the Board is moving in the right direction, and he would consider extending the negotiating time frame for a period of twenty-four (24) hours.

Commr. Bailey stated that the residents of Lake County should be given a choice regarding their hauler, and they should be given the best rates. He expressed his concern with the issue of including the commercial franchise areas in the negotiation process, and how the different accounts will be handled.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to extend the negotiating time frame for negotiations to 12:00 noon, on May 6, 1993.

At this time, the Board scheduled a Solid Waste Workshop on May 10, 1993, at 2:00 p.m.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:00 p.m.

________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







______________________________

JAMES C. WATKINS, CLERK









MSF/5-13-93/5-4-93