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Home My WebLink About12/18/2001 (2)December 18, 2001 SOLID WASTE DISPOSAL DISTRICT The District Board of Commissioners of the Solid Waste Disposal District met at the County Commission Chambers, 1840 25111 Street, Vero Beach, Florida, on Tuesday, December 18, 2001, at 11:19 a.m. Present were Caroline D. Ginn, Chairman; Ruth M. Stanbridge, Vice Chairman; Fran B. Adams; Kenneth R. Macht; and John W. Tippin. Also present were James Chandler, County Administrator; Paul G. Bangel, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. The Chairman called the meeting to order. 14.B.1. APPROVAL OF MINUTES - NOVEMBER 20, 2001 The Chairman asked if there were any corrections to the Minutes of the Regular Meeting of November 20, 2001. There were none. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of November 20, 2001, as submitted and written. DECEMBER 18, 2001 _1_ S.W.D.D. 14.B.2. PURCHASE FROM MWI PROPERTIES (J. DAVID ELLER LAND TRUST) - LANDFILL SITE PLAN FINALIZATION - (WCG, INC. f/k/a Glace & Radcliffe) The Board reviewed a Memorandum of December 5, 2001: DECEMBER 18, 2001 —2— S W D D DECEMBER 18, 2001 -3- S W C C Utilities Department Director Erik Olson gave a brief history of the Master Plan update prepared by WGC, Inc. (formerly Glace & Radcliffe) and introduced Stan Keely, Vice President of WCG. DECEMBER 18, 2001 —4— S W D D Stan Keely, Vice President of WCG, Inc., gave a brief summary of the negotiations with MWI Properties and noted that the purchase price had been negotiated down from $4 million to $2,798,000 with the provision that the purchase be conducted under condemnation procedures for tax purposes. Chairman Ginn inquired who would pay the taxes, and Mr. Keely stated that the taxes are addressed in the contract. Director Olson commented that the Master Plan deals with the abandoned C-5 Canal and the DECEMBER 18, 2001 —5— S W D D seller would have to disavow any rights to use that canal in order for the County to obtain permitting through DEP and IRFWCD. Commissioner Macht noted that the seller uses the water in the canal for testing purposes. Director Olson commented that the biggest concern is to have all issues relating to the permits worked out ahead of time. Mr. Keely stated that, in the event the seller wanted to make improvements, they would be aware that the canal would not be available for their use. Commissioner Adams inquired about DECEMBER 18, 2001 —6— S W D D hazardous waste, and Director Olson stated that the contract calls for clean up of any hazardous waste within one year and provides an escrow amount for any additional clean up required. Commissioner Macht inquired about removal of the existing buildings, and Director Olson stated that we may want to relocate the metal buildings but the seller must remove them if we do not want to use them. Assistant County Attorney Marian Fell advised the Board that all taxes are to be paid by the tenant under the lease, including sales tax on the lease. DECEMBER 18, 2001 —7— S W D D Commissioner Adams expressed her concerns about the sublease clause and the condemnation tax benefit to the seller. She felt the County is giving more than it is acquiring. Commissioner Macht commented that the seller is only benefitting from the exemption on capital gains until they complete their consolidation. He also felt that the property will be worth more in the future than it is at this point in time, but that a premium price is being paid. Chairman Ginn noted that the Utilities DECEMBER 18, 2001 —8— S W D D Advisory Committee has not considered this proposal and the seller wants to close by December 31 st County Attorney Bangel understood that this purchase price is dependent on a closing before December 31" Commissioner Macht could not support these terms, and Chairman Ginn wanted to refer the proposal to the Utilities Advisory Committee. Commissioner Adams questioned where the funding would come from, and Director Olson stated that when the additional acquisitions were approved in 1994 at the time of the original Master DECEMBER 18, 2001 —9— S W D D Plan, additional funding was set aside for these acquisitions. County Administrator Jim Chandler stated that the SWDD funds contain a set aside for future expansion and development. Commissioner Macht questioned whether it would be appropriate to make a counteroffer, and Mr. Keely felt that would be a good idea. Commissioner Macht suggested that he could agree to the purchase price of $2,798,000 with a change of the escrowed amount to $100,000 and an annual lease based on the land area. County Attorney Bangel suggested DECEMBER 18, 2001 —10— S W D D including authorization to close before December 31s' if all conditions are met, and Commissioner Macht agreed. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously rejected the offer of sale and approved the purchase of the MWI property at a price of $2,798,000 with a $100,000 escrow for clean up, and an annual lease based on land area as was done for Perfection Trusses. DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 18, 2001 —11— S W D D 14.B.3. MOVING WATERS INDUSTRIES - MWI CORPORATION (J. DAVID ELLER LAND TRUST) PUMP - SITE PLAN FINALIZATION - LAND PURCHASE CONTRACT AND LEASEBACK AGREEMENT The Board reviewed a Memorandum of December 12, 2001: DECEMBER 18, 2001 —12— S W D D DECEMBER 18, 2001 -13- S W C C Assistant County Attorney Marian Fell noted that the Board has already authorized the rejection of the Seller's offer and has offered a different transaction. Utilities Department Director Erik Olson asked the Board to simply approve the body of this DECEMBER 18, 2001 —14— S W D D agreement. ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Macht, the Board unanimously approved the body of the agreement in substantially the form attached, as recommended by staff. DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14.B.4. PERFECTION TRUSSES (DRITENBAS) - EXTENSION OF LEASE DECEMBER 18, 2001 —15— S W D D AGREEMENT AND ASSIGNMENT OF LEASE TO PERFECTION BUILDING COMPONENTS, INC. The Board reviewed a Memorandum of December 5, 2001: DECEMBER 18, 2001 —16— S W C C DECEMBER 18, 2001 S W C C ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board unanimously waived strict enforcement of the six-month notice of renewal provision contained in Paragraph 6.1 of the Commercial Building Lease DECEMBER 18, 2001 _18— S W D D dated June 18, 1996 with Jack Dritenbas, Doris Dritenbas and Perfection Trusses, Inc., as lessee, and approved a five-year extension of the same Commercial Building Lease with Perfection Building Components, Inc., assignee, according to the terms of the Commercial Building Lease pursuant to the Lease Amendment at an annual rental of $47,652; adding thereto "Section 34. TERMINATION. The lease may be terminated by either party upon a two-year advance written notice. In the event of termination rental payment will be prorated to termination date." DECEMBER 18, 2001 —19— S W D D DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Chairman Ginn wished everyone a Merry Christmas and a Happy New Year and noted that the next meeting of the Board would be the second Tuesday in January. Commissioner Tippin wished for peace on earth for the new year. DECEMBER 18, 2001 —20— S W C C There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:04 p.m. ATTEST: J. K. Barton, Clerk Caroline D. DECEMBER 18, 2001 —21— S W C C Ginn, Chairman Minutes Approved: DECEMBER 18, 2001 —22— S W C C