The Lake County Board of County Commissioners met in regular session on Tuesday, June 20, 2000, 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: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that a printed Addendum No. 1 had been added to the agenda.
MINUTE APPROVAL
Regarding the Minutes of April 25, 2000 (Regular Meeting), Commr. Hanson requested a revision to language on Page 28, Line 18 - 22, to indicate that the determination for the waiver of impact fees for the Affordable Housing Program be made by the County Attorney rather than by the Board.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of April 25, 2000 (Regular Meeting), as amended.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of May 9, 2000 (Regular Meeting), as presented.
Regarding the Minutes of May 16, 2000 (Regular Meeting), the following correction was requested:
Page 27, Line 28 - delete "are" and insert our. On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of May 16, 2000 (Regular Meeting), as corrected.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
Cancellation
1675-00 Kohn Construction & Electric, Inc.
New
5316-00 Irven d/b/a Crummers Roofing Enterprises, Inc.
5504-00 Dolphin Electric Inc. (Electrical)
5773-00 John Earl Ferguson d/b/a Control Design Electrical Contractors, Inc.
5774-00 Elmer C. Kaylor d/b/a Pelican Construction and Design Inc.
5775-00 Robert Binns d/b/a Robert Binns Roofing
5776-00 Alvin Bessinger d/b/a Bessinger & Associates
5777-00 Eric Vincent McCoy d/b/a Central Florida Construction Group Inc.
5779-00 Jerry D. Fusco d/b/a Construction by Home Sweet Homes, Inc.
5780-00 John McGinn d/b/a McGinn Roofing
5781-00 Richard A. Trapp d/b/a Richard A. Trapp Builder
Budgets/Municipalities
Request to acknowledge receipt of Country Club of Mount Dora Community Development District Proposed Budget for Fiscal Year 2000-01, in accordance with Chapter 190.008(2)(b), Florida Statutes.
Reports
Request to acknowledge receipt of Public Facilities Report for Village Center Community Development District dated March 2000, as required to be submitted to the County Commission annually in accordance with Chapter 189.415, Florida Statutes.
Budgets
Request to acknowledge receipt of Deer Island Community Development District Proposed Budget for Fiscal Year 2000-01, in accordance with Chapter 190.008(2)(b), Florida Statutes.
State Agencies
Request to acknowledge receipt of United States Environmental Protection Agency Superfund Interim Action Proposed Plan regarding the Tower Chemical Superfund Site, Clermont, Lake County, Florida, dated May 2000, pursuant to Section 117(a) of the Comprehensive Environmental Response, Compensation and Liability Act. Public Comment Period is May 16, 2000 - June 15, 2000. Written comments or calls are to be made to Galo Jackson, U.S. Environmental Protection Agency, 61 Forsyth Street, S.W., Atlanta, Georgia 30303; (800) 435-9234.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Hanson discussed, under Tab 14, Item 4, the issue of requiring the community to pay the tipping fees when the waste from the community clean-ups was brought to the landfill. She expressed concern that the County may be charging twice on disposal of those goods. It was noted that this issue would be brought back to the Board as an agenda item.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
County Employees/Personnel
Request for approval to rescind Conditional Offer of Employment to Leslie J. Wilber, Extension Agent I, Commercial Horticulture; and approval of an Offer of Employment for R. Todd Hurt, Extension Agent I, who has successfully completed the County's pre-employment screening process.
Accounts Allowed/Economic Development
Request for approval of the return of funds awarded to Maritec Industries, Inc. to the Jobs Growth Investment Trust Fund in the amount of $875.00.
Contracts, Leases & Agreements/State Agencies
Request for approval of Request for Modification to Contract between Florida Executive Office of the Governor, Office of Tourism, Trade and Economic Development (OTTED) for an Economic Development Transportation Fund and Lake County relating to the Handex Environmental Project.
Accounts Allowed/County Property
Request for approval of sale to Trammell Crow Company of approximately 32 acres in the Christopher C. Ford Industrial Park at $35,000.00 per acre, at a total amount of $1,120,000.00.
Accounts Allowed/Fire Protection
Request for approval to trade in three 1995 Pierce Dash Pumpers, that do not meet the needs of the Department and need continual maintenance, to Ten-8 Fire Equipment Company, in the amount of $86,000.00 per unit, for a total of $258,000.00 and put that amount toward the purchase of two new Pumpers, in the amount of $150,000.00 each. The remaining funds needed for the purchase ($47,000.00) to come out of Fire Rescue Reserve.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval of First Amendment to Interlocal Agreement with the City of Mascotte amending Section 11, TERM, which bases the annual fee on the fiscal year and that retroactive reimbursement be paid to the City of Mascotte for those services rendered to the County in the amount of $5,500.00.
Contracts, Leases & Agreements/State Agencies
Request for approval of Non-Declared Area disaster Relief Funding Agreement for Federal and State assistance for Hurricane Floyd, between the State of Florida, Department of Community Affairs and Lake County.
County Property/Fire Protection
Request for approval of the concept of locating a fire station on an available two-acre parcel in the South Lake area; and authorization to proceed with an appraisal of the property.
Accounts Allowed/Grants
Request for approval of sixteen (16) Parks and Recreation Capital Improvement Grants Projects selected by the Parks and Recreation Advisory Board for funding for FY 2000/2001, in the amount of $200,000.00.
Accounts Allowed/County Property
Request for approval to take the necessary action to acquire ownership of Astor Lions Park through donation from the Astor Lions Club with the stipulation that the Park remains an alcohol free park. The fiscal impact for FY 1999/2000 is $250.00 and for FY 2000/2001 is $3,400.00.
Accounts Allowed/Deeds/Fire Protection
Request for approval to accept a Quit-Claim Deed for Land Acquisition for the Bay Lake Fire Station in the amount of $250.00.
Accounts Allowed/Budget Transfers/Resolutions
1. Request for approval of budget transfer from Contingency - Sheriff, in the amount of $15,000.00 to General, Constitutional Offices/Sheriff, Law Enforcement - Equipment, in the amount of $5,700.00 and Law Enforcement Operating Account, in the amount of $9,300.00. Pursuant to Florida Statute 30.49, the Sheriff is requesting a transfer as stated above.
2. Request for approval of budget transfer from Contingency - County Fire Control, in the amount of $10,617.00 to County Fire Control, Emergency Services, Books, Publications & Dues. Funds are needed for additional classes for 23 new employees. Funds were not included in the original budget.
3. Request for approval of budget transfer from Contingency, in the amount of $38,500.00 to General, Judicial Offices, Court Fees and Costs, in the amount of $26,000.00 and Court Fees and Costs, in the amount of $12,500.00. Funds are needed for additional fees to be charged to the County by the Clerk of Courts for jury summons and minute pages as provided for in Florida Statutes 28.24.
4. Request for approval of budget transfer from Utility Services, in the amount of $11,000.00; Repair and Maintenance, in the amount of $13,400.00; Operating Supplies, in the amount of $20,000.00; Buildings, in the amount of $300.00; and Machinery & Equipment, in the amount of $100.00 to Landfill Enterprise, Solid Waste Management Services, Contractual Services, in the amount of $44,800.00. Funding in Contractual Services need to be increased for costs associated with waste tire and community clean ups.
5. Request for approval of budget transfer from Contingency - County Fire Control, in the amount of $4,967.00, to County Fire Control, Emergency Services, Machinery and Equipment. Additional funds are needed to purchase a copier for the command trailer. FEMA will reimburse for this cost since a "State of Emergency" has been declared.
6. Request for approval of budget transfer from Special Reserve - Lake County Ambulance, in the amount of $48,600.00 to Lake County Ambulance, Emergency Services, Machinery and Equipment. Funds are needed to purchase approximately 10 Lifepak 500 Defibrillators to be placed in public assembly areas, improving pre-hospital cardiac care for citizens and visitors. These units will upgrade the existing AEDs.
7. Request for approval of budget transfer from Contingency - Landfill Enterprise, in the amount of $8,745.00 to Landfill Enterprise, Solid Waste Management Services, Regular Salaries. Funds are needed to hire an Environmental Inspector I to provide assistance in completing Emergency Services and Solid Waste inspections, mobile home counts and other required duties, due to increased workload (half to be paid by Emergency Services).
8. Request for approval of budget transfer from Contingency - County Fire Control, in the amount of $60,000.00 to County Fire Control, Emergency Services, Buildings. The Board of County Commissioners approved construction plans for Bay Lake Fire Station on August 3, 1999 from Contingency - County Fire Control. Budget transfer was not processed at that time. Request is to transfer funds previously approved.
9. Request for approval of budget transfer from Contingency - County Fire Control, in the amount of $42,000.00 to County Fire Control, Emergency Services, Machinery and Equipment. Funds are to purchase two new units at $150,000.00 each; total for both is $300,000.00. Three active units are being traded in at $86,000.00 each, total for all three is $258,000.00. Additional funds of $42,000.00 are needed from Contingency. This transfer is contingent upon Agenda Item Budget Number 2000-455A being approved on June 20, 2000.
10. Request for approval of Resolution No. 2000-83 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 1999/2000, in the amount of $500.00, from Donations (Lake County Day) to provide appropriations from the disbursement of these funds to Promotion/Special Events pertaining to Lake County Day.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval of Contract Agreement for Safety Deposit Box with First Union Bank to store irreplaceable data for GIS; and authorization of designated staff to have access to the box, in the amount of $75.00 per year.
Accounts Allowed/Bonds/Subdivisions
Request for approval and authorization to release a maintenance bond, in the amount of $35,439.00, that was posted for Greater Groves Phase 6 subdivision.
Deeds/Road Projects/Rights-of-Way, Roads & Easements
Request for approval to accept the following Conservation Easement, Non-Exclusive Easement Deed, Statutory Conservation Easement, Statutory Quitclaim Deed and Temporary Non-Exclusive Easement Deeds:
Conservation Easement
Carcer Enterprises, Inc.
Courtyard Villas
Non-Exclusive Easement Deed
Manoochehr Motamedi
Wildflower Way & Coconut Avenue
Statutory Conservation Easement
PCD, Inc.
Eagle Ridge, Phase III Subdivision
Statutory Quitclaim Deed
BankFIRST, a Florida Banking Corporation
Twin Ponds Road (#5-7676)
Temporary Non-Exclusive Easement Deed
Roger Allen Graves (Representative of the heirs of Mary Carolyn Keys)
C.R. 468 at C.R. 44C
Leonard Baird, Jr., Trustee
Lake Emma Road
Accounts Allowed/Subdivisions
Request for approval and authorization to release a letter of credit, in the amount of $4,700.00, that was posted for Lake Valley Subdivision.
Signs/Roads - County & State
Request for approval of Resolution No. 2000-84 authorizing the posting of sign R12-1, "Weight Limit 10 Tons", on Johns Lake Road (#2-1158) in south Lake County. The signs will be placed at the intersections of U.S. 27 and South Hancock Road.
Accounts Allowed/Budgets
Request for approval and signature on the Certified Budget for Arthropod Control Fiscal Year 1999/2000 Mid-year Adjustment, in the amount of $34,328.00.
Rights-of-Way, Roads & Easements/Municipalities/Road Closings
Request for approval to advertise Road Vacation Petition No. 930 by James and Andrea Hampton to vacate drainage and utility easement recorded in the Lake Dora Pines plat located in Section 25, Township 19, Range 26 located in the Mount Dora Area - Commission District 3.
Request for approval to advertise Road Vacation Petition No. 925 by Daryl M. Carter as Trustee of Carter - West 50 Land Trust to vacate certain easements and lots according to the Plats of Lake Highlands Company, Edgewater Beach, Edgewater Beach Sheet 2 and the replat of Edgewater Beach all located in Section 25, Township 22S, Range 26E located in the Montverde Area - Commission District 2.
Contracts, Leases & Agreements/Municipalities/Roads - County & State
Request for approval of Agreement between Lake County and the City of Tavares transferring Milwaukee Avenue (C.R. 3-3744), Sunset Court (C.R. 3-3745B), Sunshine Lane (C.R. 3-3745), and Sunrise Court (C.R. 3-3744), to the jurisdiction of the City of Tavares; and approval of the recommendation that the annexation request approved by the Board of County Commissioners at the May 16, 2000 meeting be changed to reflect only the annexation to the City of Tavares of the aforementioned roads.
Accounts Allowed/Grants/State Agencies
Request for approval and authorization for the Chairman to sign the Solid Waste Recycling and Education Grant Application Part One; authorization for the Chairman to sign the Recycling and Education Grant Application part Two, upon receipt from the Florida Department of Environmental Protection (FDEP); authorization for the Chairman to sign quarterly reimbursement requests; authorization to encumber and expend funds during FY 2000/2001; and authorization to execute Interlocal Agreements with fourteen municipalities for application and use of grant funds, subject to County Attorney approval, in the amount of $110,242.00.
Accounts Allowed/Grants
Request for approval for the Chairman to sign the Waste Tire Grant Application request, in the approximate amount of $104,948.00, execute the subsequent application and any and all reimbursement requests as needed throughout FY 2000/2001.
ADDENDUM NO. 1
PRESENTATIONS
RESOLUTIONS
Commr. Cadwell presented Resolution No. 2000-73 to the Eustis Panthers congratulating Head Coach David Lee, Assistant Coach Paul Niles, Assistant Coach Tyler Crow and team members Matt Armstrong, Harrison Babb, Jason Bornstein, David Burns, Brandon Carey, Junior Duarte, Bryan Haines, Jeff Johnson, R.C. Keeton, Tony McCoy, Matt Matulia, Sam Oughterson, Travis Rios, Justin Smith, Keith Sommer, Ryan Wooden and Steven Ziegelhofer, on winning the Class 3 - A State Baseball Championship.
REPORTS
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
ACCOUNTS ALLOWED/ORDINANCES/COURTS-JUDGES
Mr. James C. Watkins, Clerk of the Circuit Court, on behalf of Judge Briggs, presented the request for approval of an ordinance for the implementation of Florida Statute 44.108(3), which permits a fee of $45.00 to be levied when domestic cases are reopened; and authorization to establish and fund a Family Law Pro Se Coordinator Program. He explained that Judge Briggs was seeking a grant to fund a Family Law Coordinator, and the Board would be responsible for funding two (2) support staff positions at approximately $25,000 per position. He suggested that one position could possibly be funded for one-half depending on when the grant comes into place.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve in concept a Family Law Pro Se Coordinator Program; place the Family Law Pro Se Coordinator position into the budget for consideration during the budget process; and approval to advertise an ordinance implementing Florida Statute 44.108(3) which permits a fee of $45.00 to be levied when domestic cases are reopened and allows this fee to be used for a family mediation program.
Mr. Sandy Minkoff, County Attorney, explained that the request before the Board at this time was for approval to advertise the ordinance.
Commr. Swartz stated that he would support the request to instruct staff to put this request in the budget for consideration during the budget processes.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
PRESENTATION/WORKSESSION/PUBLIC HEARINGS
PRESENTATION - FLORIDA DEPARTMENT OF TRANSPORTATION
STATE AGENCIES/ROADS-COUNTY & STATE/REPORTS
Mr. Michael Szunyog, MPO Liaison, Florida Department of Transportation, appeared before the Board and directed the Board's attention to the Work Program Process booklet, which had been distributed prior to the start of the presentation. He discussed the schedule for developing the Fiscal Year 2001/2002 to Fiscal Year 2005/2006 Work Program and noted that the program would be adopted by the State on July 1, 2001.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.
Mr. Roy Hunter, North East Lake County Chamber of Commerce, appeared before the Board and distributed a packet of information containing information on the Lake County Library System Town Meeting, maps, and articles for the Board's review. He discussed the poor condition of the sugar sand roads in the North East Lake County area, and the difficulty that emergency vehicles were experiencing trying to reach the residents in the area. He stated that many residents are also experiencing difficulty getting in and out of their property. He stated that he was present today to provide a solution to the road problems and explained that Mr. Jim Thorensen, National Forest Service, has offered to provide to the County all of the clay needed for all of the roads in North East Lake County at no cost to the County or the residents. He stated that the County will have the responsibility to haul and spread the clay on the roads. He requested that a meeting, comprised of Commr. Hanson, Ms. Sue Whittle, Mr. Jim Stivender, Mr. Fletcher Smith and the Sheriff's Office, be scheduled today to discuss immediate plans to address the issue of spreading the clay on the sugar sand roads.
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board and stated that many of the roads in question were public dedicated rights-of-way in old subdivisions that were recorded in the 1920s and are non-County maintained roads.
Mr. Hunter discussed a Federal grant that was available through the Department of Community Services for many of the roads in the Lake Kathryn area and stated that the grant would eventually black top many of those roads.
Ms. Peggy O'Neill, speaking on behalf of the Pine Lakes community, appeared before the Board and stated that the owner of a clay pit facility on Hillcrest Road has given them permission to use the clay in the clay pit. She stated that they were only requesting that approximately ten (10) areas be patched so that the residents and emergency vehicles can gain access in and out of the road.
Mr. Sandy Minkoff, County Attorney, stated that removal of clay was a mining activity under the current Lake County Code and that the clay pit in the Pine Lakes area was not currently zoned to allow mining activities to occur at the pit.
Mr. Jim Hunt, a resident in the Pine Lakes area, appeared before the Board and distributed letters from the residents in the Pine Lakes community addressing the road problems in the community. He discussed the condition of the sugar sand roads in the Pine Lakes area. He expressed concern that fires were occurring daily in the area and that the emergency vehicles were having difficulty reaching the fires quickly. He stated that the community would like to have Swift Road around to Lake Drive designated as a collector road. He discussed a problem with four-wheeler drive sport vehicles and three-wheelers destroying the roads. He briefly discussed the special assessment program for the Pine Lakes area and noted that the fifty-five (55%) percent requirement has been reached under the special assessment program.
Commr. Swartz encouraged the residents in support of the special assessment program to also gather petitions encouraging the Board to adopt an additional gas tax in order to have the funds that are necessary to pave new roads and to maintain and resurface current roads in Lake County.
Ms. Elyse Rainey, a resident in the Lake Kathryn area, appeared before the Board and explained that the poor road conditions are a result of the growth that has moved into the area. She stated that, in the process of placing trailers in the area, bulldozers are used to cut the roads, and there are no restrictions for cutting a road and no requirement for proper drainage. She requested that proper drainage be required so that the clay will not be washed away.
Major Claude Gnann, Lake County Sheriff's Department, appeared before the Board and stated that the Sheriff's Department was prepared to begin spreading clay immediately. He stated that the Sheriff was not going to build roads or grade the roads for comfort, however, would spread the clay on areas of the roads that are impassable on an on-going basis for as long as it takes to bring the roads up to passable condition for fire, police and ambulance emergency vehicles.
Mr. Travis Whit, a resident in the Forest Hills area, appeared before the Board and stated that the residents that live on the roads in question will cooperate and donate money toward the spreading of the clay. He discussed issues pertaining to the picnic grounds and lake bottom weeds in the Lake Mack/Forest Hills beach areas. He discussed the danger of forest fires and being unable to evacuate people in the area due to the road conditions. He stated that the residents spend their own money to maintain the roads and expressed concern that four-wheel drive vehicles, and dirt bikes from the Forest Hills and Pine Lakes area are speeding and destroying the roads and the work that the residents have done on the roads. He stated that, if the roads are not considered County maintained property, they should be considered citizen owned and the perpetrators should be picked up for destruction of private property. He further suggested a sub-station for the Sheriff's Department in the Forest Hills community. He stated that he would like to establish a Firefighters' Association in the area to allow more people to become involved with the fire department as volunteers.
Commr. Hanson directed Mr. Whitt to Mr. Tad Stone, Senior Director, Emergency Services.
RECESS & REASSEMBLY
At 10:15 a.m., the Chairman announced that the Board would recess and reconvene at 10:30 a.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/RESOLUTIONS
Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to present the request for approval of an amendment to Resolution 1999-152 to increase Probation supervision fees to $45.00 per month, and to establish a $10.00 administration fee to be charged to each person placed on probation to increase revenues to offset operation costs.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of Resolution No. 2000-85 amending Resolution No. 1999-152 - Fee Schedules for FY 1000/2000 - Exhibit "D", Lake County Probation Fee Schedule, to establish a $10.00 Administrative Fee and to increase the Probation supervision fee to $45.00 per month for all cases, effective July 1, 2000, to offset Probation Division operating costs.
ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for approval of the realignment of Marion County Road to better align the road to the north. He displayed an aerial map and discussed same.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of realignment of Marion County Road to better align the road to the north.
COMMUNITY TRANSPORTATION
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for approval to advertise a Request for Proposal (RFP) for two proposed options for Lake County's Public Transportation Service. He explained that the options were that (1) the Lake County Board of County Commissioners desire to be the Full Brokerage Community Transportation Coordinator (CTC) for the Transportation Disadvantaged population in the Lake County Service Area, and (2) the Lake County Board of County Commissioners desires to have a Non-Government Community Transportation Coordinator for the Transportation Disadvantaged population in the Lake County Service Area. He stated that, if the County becomes the CTC rather than contracting with LifeStream Behavioral Center, there are other federal and state revenue sources that may be available to the County.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of Resolution No. 2000-91expressing the desire to have a Non-Governmental Community Transportation Coordinator for the Transportation Disadvantaged population in the Lake County Service Area; Resolution No. 2000-92 expressing the desire to be the Community Transportation Coordinator for the Transportation Disadvantaged population in the Lake County Service Area; and to advertise a Request for Proposal (RFP) for the two options provided, as follows: (1) Lake County Board of County Commissioners desires to be the Full Brokerage Community Transportation Coordinator (CTC); and (2) the Lake County Board of County Commissioners desires the Non-Governmental CTC option.
Commr. Pool stated that it was important that the County determines a way to encourage the public to ride Lynx and to bringing a Lynx service to the South Lake County area to minimize the number of road trips on Highway 50. He suggested that the Board ask Lynx to look at the opportunity for Lynx service in the South Lake County area.
Commr. Swartz stated that there was a significant cost for Lynx to come into Lake County and suggested the County tell Lynx the level of service desired and allow Lynx to determine the cost of said service.
Commr. Cadwell informed the Board that the Metro Plan Volusia Alliance met on June 16, 2000, and they have invited Lake County to join the alliance when the County becomes a Metropolitan Planning Organization (MPO). He stated that the Metro Plan Volusia Alliance will be changed to the Central Florida Alliance which will include Brevard, Seminole and Volusia Counties.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Susan Moxley, as the Lake County Schools representative, on the Impact Fee Evaluation and Review Committee to complete an unexpired term ending August 6, 2000, and to complete a successive two year term ending August 6, 2002.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Patty Spallone, as the Childhood Development Services alternate representative, on the Lake County Transportation Disadvantaged Coordinating Board.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the reappointment of Angelina Keiser, as an experienced representative of the local private, for profit transportation industry or a local non-profit representative, to complete a term ending March 2, 2002 on the Transportation Disadvantaged Coordinating Board.
APPOINTMENTS/COMMITTEES/RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 2000-86 appointing Terry Knorr to complete an unexpired term ending December 1, 2002 on the Tourist Development Council.
REPORTS
COUNTY ATTORNEY
ANNEXATIONS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, presented the recommendation for the City of Tavares to annex Lake Elsie into the city limits which will allow the City of Tavares to adopt and enforce an ordinance to address the use of any boat or floating equipment on Lake Elsie.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval to consent to the annexation of Lake Elsie by the City of Tavares.
RESOLUTIONS/RIGHTS-OF-WAYS, ROADS & EASEMENTS/ROAD PROJECTS
Mr. Sandy Minkoff, County Attorney, presented the request for approval of a resolution to initiate eminent domain proceedings for right-of-way on portions of the South Lake Trail. He explained that CSX has agreed to a friendly condemnation along with three individual property owners which will allow the County to secure the land through eminent domain proceedings.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 2000-87 regarding South Lake Paving Project - Abandoned CSX Railroad parcels to initiate eminent domain proceedings (friendly condemnation) for right-of-way on four parcels in Sections 17, 23, 24, 25 and 26, Township 22 South, Range 26 East, Lake County, Florida.
ADDENDUM NO. 1
REPORTS
CONTRACTS, LEASES & AGREEMENTS/AMBULANCE SERVICE
Mr. Sandy Minkoff, County Attorney, presented the request for approval of the Interlocal Agreement between Lake County and Sumter County relating to the Provision of Emergency Medical Services and the Articles of Incorporation of Lake-Sumter Emergency Medical Services, Inc. He explained that the Interlocal Agreement establishes a non-profit corporation to provide emergency medical services with a Board of Directors which shall be composed of one member from the Sumter County Board of County Commissioners appointed by the Sumter County Board of County Commissioners; one member from the Lake County Board of County Commissioners appointed by the Lake County Board of County Commissioners; one County City Commissioner from Lake and Sumter Counties, one citizen from Lake and Sumter Counties; and one representative from a hospital whose service area includes Lake County or Sumter County to be jointly approved by the Lake and Sumter Board of County Commissioners. He explained that the budget for the non-profit corporation for Fiscal Year 2000-2001 would be $7,500,000 of which $5,500,000 would be Lake County's share. He stated that the funding has been structured so that the funding would flow immediately upon exercise of this agreement in order to have working capital with four equal payments over the next fiscal year. He explained that the agreement was structured so that the employees would not be members of the Florida Retirement System and would be employees of the non-profit corporation. The Agreement provides that Sovereign Immunity would flow through to the corporation, and the Articles of Incorporation provides that the County Commissioners serve as the Chairman and Vice Chairman.
Mr. Minkoff further explained that the County heretofore has been divided into the South Lake Ambulance District and the North Lake Ambulance District. In anticipation of a switch of providers, a contingency reserve of approximately $2,000,000 has been created in the North Lake Ambulance District, which will be used to offset the funding next year, and approximately $800,000 will be given by the South Lake Ambulance District. He stated that the County was prepared to create a countywide Municipal Service Taxing Unit District (MSTU) to be effective immediately which will require approval by the fourteen (14) cities. He stated that an emergency ordinance establishing the MSTU would be presented to the Board for approval June 27, 2000.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Interlocal Agreement between Lake County and Sumter County relating to the Provision of Emergency Medical Services; and approval of the Articles of Incorporation of Lake-Sumter Emergency Medical Services, A Florida Non-Profit Corporation.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Shannon Elswick, as a representative from a hospital whose service area includes Lake County or Sumter County, to the Board of Directors for Lake-Sumter Emergency Medical Services, Inc.
Mr. Minkoff noted that the appointment of Mr. Elswick would require approval by the Sumter County Board of County Commissioners.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Robert Moore, as the League of Cities representative for Lake County, to the Board of Directors for Lake-Sumter Emergency Medical Services, Inc.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Commr. Welton C. Cadwell, as the representative of the Lake County Board of County Commissioners, to the Board of Directors for Lake-Sumter Emergency Medical Services, Inc.
REPORTS
COMMISSIONER POOL - DISTRICT NO. 2
FOR YOUR INFORMATION ITEMS
Commr. Pool expressed appreciation to the Regional Planning Council for their Trails and Greenways Public Hearing held in Montverde on behalf of the Lake Apopka Planning Initiative Steering Committee.
Commr. Pool expressed appreciation to the City of Minneola for the visioning session that he participated in on June 17, 2000.
Commr. Pool informed the Board that Mr. Bob Stevens, Park and Recreation Manager; Representative Randy Johnson, and a group from Tallahassee will be at the Lake Louisa State Park on July 5, 2000, at 1:15 p.m., to discuss the park.
COMMISSIONER HANSON - DISTRICT NO. 4
ROADS-COUNTY & STATE/STATE AGENCIES/SHERIFF'S DEPARTMENT
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board and stated that, if the Board declares a natural emergency due to the dry weather to address the road conditions in North East Lake County, staff could have equipment in the field on June 21, 2000 to work on the key major roads. He stated that the approach would be to put four dump trucks in the area, one or two graders, a loader, two water trucks, and one roller, which would result in approximately $20,000 per week for the equipment.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to place the issue of the roads in North East Lake County on the agenda for discussion.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to authorize staff to implement an emergency program to address the sugar sand roads in Lake County utilizing the clay that will be donated by the U.S. Forestry Service in cooperation with the Lake County Sheriff's Department.
Commr. Swartz stated that there were a lot of roads in Lake County that are in the same poor conditions as the ones that have been discussed in North East Lake County. He stated that the emergency measures being discussed need to include all roads that fit the same criteria as the roads in North East Lake County upon review by staff.
Mr. Stivender noted that the clay would come from the shortest haul and not exclusively from the U.S. Forestry Service.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
ADDENDUM NO. 1
COMMISSIONER HANSON - DISTRICT NO. 4
REPORTS
ACCOUNTS ALLOWED/GRANTS/RESOLUTIONS
Commr. Hanson presented the request for approval of a resolution designating Lake County as an Elder Ready community, and approval to apply for a $15,000 grant from the State of Florida Department of Elder Affairs to fund the initial assessment.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approve the request for approval and execution of Resolution No. 2000-88 designating Lake County as an Elder Ready community.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval to apply for a $15,000 grant from the State of Florida Department of Elder Affairs to fund the initial assessment.
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
ACCOUNTS ALLOWED/ORDINANCES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 2000-89 congratulating the Lake County Predators AAU Baseball Team for placing fourth in the State Tournament. PRESENTATIONS
MONTVERDE SMALL AREA STUDY
Mr. Jim Smith, Director, Department of Planning and Development Services, appeared before the Board and noted that the Montverde Small Area Plan, prepared by the Genesis Group, had been distributed to the Board prior to the presentation. He introduced Mr. Brian Wheeler, Genesis Group, who was present to provide an update on the status of the Montverde Small Area Study. He provided a brief history of the Genesis Group, and stated that four (4) public workshops have been held on the Small Area Study in the Town of Montverde.
Mr. Brian Wheeler, Genesis Group, appeared before the Board and stated that Dial Cordy and Associates, Inc. has provided an overview of the environmental issues and natural resource base, and the firm of Urbanomics has provided an economic analysis which addresses capital improvement issues. At this time, he presented a "PowerPoint" presentation and discussed the following:
PLANNING PROCESS
Phase 1 - Community Audit
Phase 2 - Visioning/Design
Phase 3 - Refinement
Phase 4 - Implementation
Phase 5 - Enforcement
At this time, Mr. Wheeler presented the Montverde Small Area Plan Summary to Date and explained that the Study began on April 27, 2000 with a workshop on public perceptions. The following issues were discussed during the four workshops:
COMMUNITY'S ROLE
COMMUNITY VALUES - PREFERENCES ARTICULATED AT THE FIRST WORKSHOP
1. Stop Growth vs. Direct and Control Growth
2. Desire large 5 acre tracts or minimum 1 acre lots.
3. Water Quality Concerns
4. Better Transportation Network
5. Concern for loss of rural atmosphere.
6. No Commercial Growth: Concentrate Support Services
7. Efficient Fire/Rescue Service
8. Presence by Law Enforcement Officers
9. Enforcement of Regulations
10. Better Coordination among County Agencies and Departments.
11. Concerned about impacts on regional sewage and water treatment system.
12. Improve community wide utilities and infrastructure.
13. Improve Wetland Preservation; Natural Resource Protection
14. Locations of Education Facilities and Active Recreation Sites.
REALITIES OF STOPPING GROWTH
Available No Growth Strategies
Growth Management Strategies
- Urban Growth Boundaries
- Urban Services
- Growth-Community Service Ratio
- Concurrency Management Systems
- Loss of Open Space vs. Gain of Quality Life
- German Urban Centroid
- Sustainability Index
- Pre-Permitted Development Forms
- Transfer of Development Rights
- Strategic Acquisitions
- Rivers and Eddies
- Public Benefit Condemnations
- Sector Plan
- Specific Area Plan
- Transportation Management Area Plans
- Sustainability Index Criteria
SUMMARY/CONSENSUS - WORKSHOPS 2 & 3
At this time, Mr. Wheeler briefly discussed the following issues:
Economic Development Observations
Market Demographics
Population and Household Projections, 1990 - 2050
Land Use Tabulations - Existing Comprehensive Plan
Proposed Buildout Scenario
Public School Considerations
SUMMARY/CONSENSUS
MONTVERDE SMALL AREA PLAN CONSENSUS PLAN REFINEMENT
WORKSHOP 4
MASTER PLAN PRINCIPLES
Modification of the Lake County and Town of Montverde Comprehensive Plans, the Land Development Code, and the permitting process to encourage compact, mixed use neighborhoods and infill building by small local property owners.
TRANSPORTATION & MOBILITY
Improve Mobility and Connectivity
Pedestrian/Bike Trails
Recreation areas
Town Centers/Educational Centers
Community Based Trips v. Long Distance Travel
Low Speed Roadway Design
Commr. Pool expressed appreciation to the Genesis Group, County staff and to the citizens who participated in the Montverde Small Area Study workshops.
Mr. Wheeler stated that the Genesis Group was recommending that a Steering Committee be created out of the group of individuals who have participated in the Small Area Study, who have a good understanding of the plan and have a vested interest in seeing the plan carried forward. At this time, Mr. Wheeler addressed questions presented by the Board.
Commr. Swartz stated that he fears that an assumption was being made to reach the proposed 5,100 total units based on reasons that have nothing to do with how we should grow, or what we want to see grow. He stated that density in itself was not the problem. He explained that the development that has occurred in Lake County and throughout the State of Florida was poorly designed, low density, sprawling development which destroys roads and schools. He expressed concern that the Urban Service Area has not been included in the study, and was a choice that was not explored. He stated that this plan will lead to a memorialization of what might be future densities in the area. He stated that the Urban Expansion designation at four (4) dwelling units per acre was predicated on the availability of central regional water and sewer and, without those services, the proposed densities cannot be justified.
Mr. Robert Smith, a resident in the Montverde area, appeared before the Board and expressed concern that the Small Area Study has been funded by a developer. He stated that the workshops convinced the citizens participating that the Genesis Group really did not want to know what the citizens wanted, and all of the critical issues were spoon fed to the participants. He stated that he has established a voters league, with over 500 signatures, to control development with a pledge that will serve the people of Lake County. He stated that the study was a positive step if the Montverde area is expanded to be consistent with the surrounding areas. Mr. Ron Kurtz, a resident of the Montverde area, appeared before the Board and stated that he participated in the first two workshops, however, walked out of the second workshop after being informed that every acre in the area was going to be subdivided down to four houses per acre and that the citizens could not stop the growth. He stated that the residents are willing to pay high land values to keep their rural countryside.
REPORTS (CONTINUED)
COMMISSIONER CADWELL - CHAIRMAN - DISTRICT NO. 5
EMERGENCY SERVICES/FIRE AND RESCUE/RESOLUTIONS
Commr. Cadwell stated that Lake County Third Emergency Order Resolution No. 2000-90, prohibiting the sale, purchase and/or use of fireworks, certain pyrotechnic novelties and trick noisemakers, and the use of flares and outdoor burning, would be in effect for an additional seven days.
APPOINTMENTS/VALUE ADJUSTMENT BOARD
Commr. Cadwell appointed Commr. Catherine Hanson to serve on the Value Adjustment Board.
COMMISSIONERS/MEETINGS
Ms. Sue Whittle, County Manager, informed the Board that a Fiscal Retreat has been scheduled on June 26, 2000, at 9:00 a.m., at Lake Sumter Community College in Clermont.
RECESS & REASSEMBLY
At 12:35 p.m., the Chairman announced that the Board would recess and reconvene at 3:00 p.m.
WORKSESSION - COMPREHENSIVE INDIGENT HEALTH CARE STUDY
COMMITTEES/REPORTS
Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board and introduced the Comprehensive Health Care Committee's Sub-Committee who were present to present the Health Care Study.
Ms. Leslie Longacre, Chairman, Comprehensive Health Care Committee's Sub-Committee, appeared before the Board to make a "Power Point" presentation on the Comprehensive Health Care Study and discussed the following:
TOP 3 HEALTH CARE SERVICES NEEDS IN LAKE COUNTY
RESPONSE MODEL PROGRAM OBJECTIVES
TARGET POPULATION
COMPREHENSIVE CASE MANAGEMENT MODEL
- We Care of Lake County to serve as Central Program Office
- 3 Geographically placed Nurse Case Managers funded by:
Leesburg Regional Medical Center
Florida Hospital Waterman
South Lake Hospital
- LifeStream Behavioral Center
- Lake County Resident
- Not eligible for Medicare or Medicaid
- No declination of employment based medical insurance
- Income at or below 150% of Federal Poverty Level
PRIMARY CARE MODELS
Leesburg Regional Medical Center Initiative
Total Salary & Benefits $175,799
Other Expenses $ 60,150
Total Operating Budget $235,949
Florida Hospital Waterman Initiative
Total Salary & Benefits $ 60,400
Other Expenses $ 55,146
Total Operating Budget $115,546
South Lake Hospital Initiative
Total Salary & Benefits $30,000
Other Expenses $25,000
Total Operating Budget $55,000
PRIMARY CARE MODEL CRITICAL COMPONENTS
FINANCIAL OVERVIEW - HEALTH CARE FUNDING & EXPENDITURES
Provider's Charity Care Expense
$3,545,000 in Charity Care vs. $2,124,485.50 in Tax Funds
$3,606,494 in Charity Care vs. $1,983,984.50 in Tax Funds
$813,800 in Charity Care vs. $0 in Tax Funds
$3,119,000 in Charity Care vs. $227,303 Tax Funds
TAX DISTRICT SUPPORT - FISCAL YEAR 1999
BOARD OF COUNTY COMMISSION SUPPORT
Mandated Health Care Costs - $2,991,408
Medicaid Hospital & Nursing Home
Health Care Responsibility Act
Indigent Burials
Health Department
Mental Health
Inmate Medical Costs
PROPOSED LAKE COUNTY PRIMARY CARE RESPONSE MODEL BUDGET DETAIL
OTHER RESOURCES
- Requested staff support to Community Primary Care Governing Board
- Requested increase by $87,510 existing cash donation to We Care of Lake County
SUMMARY
Ms. Longacre stated that this proposal was the beginning to establish a plan to address the under-insured population of Lake County. She stated that new additional financial support must be identified, and it must be recognized that this was a national healthcare delivery issue that was very complex.
At this time, the Mr. Richard Wooten, Leesburg Regional Medical Center; Mr. Ken Mattison, Florida Hospital Waterman; Dr. Pellosie, Health Department; Mr. Mark Williams, Chief Executive Officer, Community Health Centers; and Ms. Longacre responded to questions presented by the Board.
Mr. Richard Wooten, Leesburg Regional Medical Center, appeared before the Board and explained that total uncompensated care would include both the charity care, and any bad debt expense that Leesburg Regional would include as a facility.
Commr. Hanson stated that the Comprehensive Health Care Sub-Committee has done an outstanding job on the Health Care Study. She stated that the goal was prevention, how to keep individuals out of the emergency room and how to provide other sources of primary care. She stated that it was important to have a benchmark with a program such as this, and a good benchmark would be reducing the use of the emergency room for primary care. She stated that it has not been addressed how to outreach throughout the rural areas of the County, and it will be important to look at some means of unifying the north and south portions of the County. She noted that there was a one-half cent tax available for health care; however, it would have to be approved by referendum.
In response to a question presented by Commr. Swartz, discussion occurred on how primary care services will affect the number of uninsured using the emergency rooms for routine care. It was noted that the ultimate goal was to have primary care services to allow an individual to develop a relationship with a physician, and it was a proven fact that primary care does prevent medical problems.
Commr. Cadwell questioned what happens to the program if the County is unable to increase the County's funding by $87,510. Mr. Mattison responded that the presentation today identified that they were seeking a partnership, and an opportunity to work with government, industry and the private sector to come up with a solution to this complex issue.
Dr. Tully Patrowicz, representing the County Medical Society, appeared before the Board and expressed concern that Lake County was not reaching the 25,000 to 30,000 individuals that are uninsured and are only reaching approximately 5,500 individuals if the federal poverty rate of 150% is accepted. He stated that the We Care program reaches out to approximately 2,700 citizens in Lake County because the poverty rate was at 125%. He explained that the issue was funding to support three primary health care clinics around Lake County in each of the Hospital Districts that will reach out to at least 5,500 individuals and a dedicated funding source was necessary. He suggested that, with proper media support, proper hospital and Board support, proper physician and other health care support, the public would be willing to increase the millage rate to one-half mill for Hospital Taxing Districts.
Commr. Swartz stated that he had hoped that the presentation on health care in Lake County would yield a better method of assessing how we are handling health care. He stated that the model presented illustrates the potential to provide better care for the uninsured, and he would support approval to consider this funding request during the budget process.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved in concept the Comprehensive Indigent Health Care Study; and to consider funding the unbudgeted amount of $87,500 during the budget process this year.
RECESS & REASSEMBLY
At 4:20 p.m., the Chairman announced that the Board would recess and reconvene at 5:00 p.m. for a public hearing.
PUBLIC HEARINGS
PETITION NO. 15-00-2 - R-6 TO CFD - THOMAS SASH, TRUSTEE
WINDSOR-THOMAS GROUP/LAKE UTILITY SERVICES, INC.
DON RASMUSSEN
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for location of a water treatment plant site to include two wells, a 500,000 gallon elevated storage tank, chlorine building, fuel storage tank, generator and control building on 5.193 acres in the Urban Expansion Land Use Category in the Clermont area. She explain that the applicant was Lake Utility Services, Inc. who has been before the Board previously with similar requests on smaller sites. She stated that staff was recommending approval of a ground storage tank with hydropneumatic pumping instead of the requested tower tank, and the Planning and Zoning Commission has recommended approval by a 5 - 2 vote. She cited Policy 1-5.5 and Policy 1-5.4 of the Lake County Comprehensive Plan and explained that said policies were in conflict with each other; however, staff has reviewed both policies and reached a level of comfort with the fact that the scale of the facility as a ground tank preserves the character of the neighborhood and was located in close proximity to a collector roadway. She stated that this request does provide the regional services and serves the existing needs of the area. She stated that Water Resources Management has reviewed the preliminary information and has also recommended approval with a request for additional information prior to the actual construction of the site. Ms. Farrell submitted 59 letters (County Exhibit 1) and petitions (County Exhibit 2) in opposition to this rezoning. She submitted a letter from James L. Mauney, Fire Chief, Lake County Fire/Rescue (County Exhibit 3), dated June 19, 2000, indicating that the new regional facility would improve the County's ability to provide fire protection to the south Clermont area.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, representing Lake Utility Services, Inc., appeared before the Board and called Mr. David Orr to provide testimony regarding his association with this project.
Mr. David Orr, Regional Operations Manager, Lake Utility Services, Inc., addressed the Board and stated that his responsibility was to supervise the Lake Utility Services operations in Lake County. At this time, Mr. Orr provided a brief overview of the request for a water treatment plan site. He submitted a map of the Lake Utility Services, Inc. Western Service Area ( Applicant's Exhibit A) and discussed the service area and the location of the proposed site. He stated that Lake Utility Services had 1,642 customers in this area as of May 2000 which represents an increase of 177% since 1998. Due to the increase in customers, Lake Utility Services has been experiencing pressure problems during peak demand flows. He explained that Lake Utility Services was obligated under the auspices of the Florida Public Service Commission, Florida Department of Environmental Protection, and the St. Johns River Water Management District to provide a safe and dependable potable water supply while making a prudent investment in their utility. This improvement was required in order to adequately provide fire protection in the area during peak demand periods. He submitted information on Homeowner's Insurance Premiums (Applicant's Exhibit B) and discussed same. He testified that Lake Utility Services was committed to installing fire hydrants on all adequately sized water mains that are extended and would be increasing fire protection in the area. He stated that experts were present to testify to the technical modeling done to demonstrate to the satisfaction of the St. Johns River Water Management District and Lake County the feasibility of this site for use as a water treatment facility. He submitted letters with 168 signatures (Applicant's Exhibit C-1) expressing support of Lake Utility Services, Inc.'s efforts to rezone the subject property and expressing concern with the water pressure during peak demand times during the day; and eleven letters (Applicant's Exhibit C-2) in support of the project or requesting service. He submitted a letter from Alan G. and Amy R. Freeman, dated May 17, 2000, (Applicant's Exhibit D), addressing recorded water pressures at their residence over a period of a week and discussed same.
Ms. Leslie Campione, Attorney, appeared before the Board and stated that she had submitted a list of individuals that she was representing at the Planning and Zoning Commission meeting and has confirmed that said list was filed in the Lake Utility Services, Inc. file. She cross examined Mr. David Orr on his testimony in regard to the four well systems and the capacity of the systems, the Loghouse landfill, and the impact of the proposed facility on the ground water movement from the landfill location to the proposed location of the facility.
Mr. Orr addressed questions presented by Ms. Campione and stated that experts were present to provide testimony on hydrogeologic issues later in the presentation. Mr. Orr testified that it was stated, in a letter attached to the zoning application, that this new well would serve potentially 1,500 new customers and that those new customers would be brought on as a result of property that was already zoned for residential purposes or that has already received approval. He testified that any water mains that will be extended over 6 inches in diameter will have the ability to support fire hydrants. Mr. Orr stated that the current water pressure problems could be addressed by increasing pump sizes and storage tanks at the existing water plants if they had the ability to do that; however, at this time, those existing water systems were at maximum capacity for their well sites. He addressed questions pertaining to the number of septic tanks and their effect on water quality in the area, and the provision of water/wastewater lines to the area by the City of Clermont.
Mr. Richey called Mr. Jim Boyd to provide testimony.
Mr. Jim Boyd, President, Boyd Environmental Engineering, appeared before the Board to provide testimony on the technical aspects of the proposed project and the design features of the facility. He displayed a Western Service Area map (Applicant's Exhibit E), illustrating dots on the map indicating the low pressure complaints in the service area, and explained that the regional facility was designed to provide more water into the system to try to alleviate the pressure problems and to provide adequate fire flow. He displayed the Western Service Area map ( Applicant's Exhibit F), illustrating the existing plant sites, and stated that the current wells and pumps are at the permitted capacity that has been established by the Department of Environmental Protection and the St. Johns River Water Management District. He displayed an aerial map (Applicant's Exhibit G) illustrating the location of the site and discussed same. He displayed a site plan (Applicant's Exhibit H) illustrating the location of two wells located along the western boundary with a combined capacity of 1,500 gallons per minute, a liquid chlorine storage building, hydropneumatic tanks, high service pump and control building, fuel tank and generator. He discussed the landscape buffer and explained that the side setbacks were a minimum of 25 feet on the western, southern and eastern boundaries, and a minimum of a 50 foot setback on the northern boundary. He stated that the site would be enclosed by a six foot chain link fence for access control. He displayed a graphic (Applicant's Exhibit I) illustrating the elevation from Pine Island Road, ornamental berm landscaping, and the elevation of the ground storage tank and discussed same. At this time, Mr. Boyd presented a "Power Point" presentation (Applicant's Exhibits J-L), and discussed the following issues:
- Regional Facility
- Adequate Area (5 Acres)
- Good Location (South of Existing Plants)
- High elevation
- The Diurnal Cycle
- Peak Hour Flow
- Coincident Draft
- Benefits of Storage
- 500,000 Gallons
- 1,599 Existing ERCS
- 920 County Approved ERCS
- 2,519 Existing and Approved ERCS
- Interconnected Plans (New and Existing) can serve 2,843 ERCS
Mr. Boyd displayed a graph of the West Regional Water Treatment Plant Proposed Well Section (Applicant's Exhibit M) illustrating the sand & clay layer, Ocala Group layer, the marker bed and the Avon Park Limestone Floridan Aquifer. He explained that the marker bed acts as a confining layer and keeps the water from the surficial and intermediate aquifer from getting down into the Floridan Aquifer. He discussed the proposed well construction.
Mr. Boyd stated that testimony would be provided by experts with regard to ground water monitoring/modeling and the effect on well withdrawals, wetlands, water surfaces and lakes. He briefly summarized the key points that will be made by the experts and stated that studies have concluded that there would be no significant drawn down impacts to adjacent, legal permitted ground water users based on ground water monitoring and modeling drawn downs that have been performed. He discussed lighting, noise, and nuisance odor. He displayed a Chlorine Tank Double Containment graph (Applicant's Exhibit N) and explained that the chlorine was housed in the Primary Tank and that the metering pumps would be housed within a fiberglass building.
Mr. Boyd responded to questions presented by Ms. Campione in regard to his testimony pertaining to the current capacity and expansion of the Lake Utility Services existing plants. He explained that the existing plants were located in the northern part of the service territory and Lake Utility Services needs to get more water south of the existing plants due to the growth occurring in the southern part of the service territory. He stated that the existing plant sites were relatively small and located on lots within subdivisions; therefore, there are physical constraints with respect to trying to add capacity to the existing plants. He further stated that the existing plants are hydrologically constrained from the aspect that they are located within developments that had the existing piping grid already installed and are not sized adequately for a regional type supply.
Ms. Campione stated that Mr. Boyd had indicated that the logical reason to go south with the new plant, as opposed to another location, was due to the growth that was occurring; however, he testified that the intent was to serve the 1,500 existing households. Mr. Boyd responded to Ms. Campione's statement. Ms. Campione questioned if Lake Utility Services was willing to limit the connection of the new plant to only existing platted lots, to which Mr. Boyd responded that the new facility would be tied into the overall distribution system.
Mr. Richey explained that Lake Utility Services was obligated on their Public Service Commission certificate to provide fire flows and reliable water to their existing and future customers and were not trying to create new lots. Mr. Boyd confirmed that Mr. Richey's statement was correct.
Commr. Swartz requested clarification on how many additional connections could be made to the existing water system and what requirements are place on Lake Utility Services, Inc. by the Public Service Commission in terms of connecting people.
Mr. Orr responded that the more customers that are connected to the existing water system under the existing conditions worsens peak hour demand. He explained that there was a 20 psi limitation in which Lake Utility Services must provide the minimum psi pressure through the Public Service Commission. He stated that he could not provide the number of homes it will take to reach the 20 psi because it depends on demand issues, irrigation issues, and different modeling issues.
Mr. Don Rasmussen, Vice President, Lake Utility Services, Inc., appeared before the Board to discuss the requirements of the Public Service Commission and explained that they are required to be ready, willing, and able to provide dependable service to the customers within the service area. He clarified that there are a number of homes that have already been permitted, the main lines are in place for those additional homes to connect and those homes will use up most of the capacity of the proposed plant. He stated that these are existing subdivisions that are not built out and are in areas that have contamination in their wells from Ethylene Dibromide (EDB), and the lines were extended by the Department of Environmental Protection a few years ago to provide potable water service of good quality to those homes who have contaminated wells.
In response to questions presented by Ms. Campione, Mr. Boyd explained that the maximum day capacity of the existing plants was approximately 1.5 million gallons per day, and the proposed plant would provide approximately 2.2 million gallons per day for a combined capacity of approximately 3.7 million gallons per day. The optimal number for serving a fire hydrant, depending on the hazard, would require between 750 gallons per minute to 1,500 gallons per minute based on Lake County standards.
At this time, Mr. Richey called Mr. Bob Oros to provide testimony. Mr. Richey submitted the Pine Island Road Proposed Wellfield Groundwater Modeling Report (Applicant's Exhibit O) prepared by The Colinas Group, Inc.
Mr. Bob Oros, P.G., Principal Consultant and Hyrogeologist, The Colinas Group, Inc., appeared before the Board and provided testimony on the Groundwater Modeling Report. Mr. Oros stated that the focus of this project was to conduct analytical Wellfield simulation modeling as supporting documentation for a Water Use Permit modification for the St. Johns River Water Management District and to provide technical information to Lake County relative to their wellhead ordinance. He stated that, in addition to the modeling work, there was some concern with respect to the proximity of Lake County's construction and demolition landfill, which was located 1,000 feet northeast of the proposed Wellfield site, and he has conducted a review of the quality monitoring records for the landfill with the potential impacts on the aquifer. He directed the Board's attention to Model Run No. 4, Figure 9, and explained that this was an analytical model simulating drawdown of the potentiometric level of the Floridan Aquifer at a pumping rate of 1 well at 1,500 GPM, and discussed same. He stated that, based on the results of this model, the type of well construction that will be used to build any production wells in this area, and review of the Florida Department of Environmental Protection file, there would be no significant drawdown impacts on adjacent legal permitted groundwater users, and operation of the proposed Wellfield at the pumping rates used in the modeling simulation will have a negligible effect on the pumping capacity at existing wells. He stated that the proposed Wellfield site was located in an area in Lake County where historical application of Ethylene Dibromide (EDB) and fertilizer application in citrus areas has been problematic. He explained that the St. Johns River Water Management District has instituted stringent well construction standards in order to prevent drawing these EDB residues and nitrates into water supply wells. These special well construction standards used for "Type A Well Construction" effectively prevent drawing surficial EDB residues into the well production zone for wells constructed into the deeper limestone formations. Mr. Oros directed the Board's attention to the West Regional Water Treatment Plant Proposed Well Section graph (Applicant's Exhibit M) and explained that this was a recharge area, and the marker bed was comprised of very dense limestone which was a confining unit in this vicinity, and precludes the movement of groundwater from above the marker bed from moving downward into the production zone when the well was being pumped, thus preventing surficial groundwater that may contain EDB or nitrates from entering the well. At this time, Mr. Oros responded to questions presented by Ms. Campione pertaining to his involvement with this project.
Mr. Oros testified that he spoke with Lake County Water Resources specifically about the close proximity of this location to the landfill and, after reviewing the County's monitoring information, he concluded that the landfill would not be a problem. Mr. Oros testified that the purpose of the doted lines around the model was to illustrate the output from the model or the predicted amount of drawdown that was generated from running a computer model.
Ms. Campione directed the Mr. Oros' attention to the Introduction and Site History, (Page 2 of 13) which states that "The landfill has, in the past, received residential, commercial, agricultural and industrial wastes, in addition to yard trash and dead animals." Mr. Oros concurred that the landfill was not just a C & D (Construction and Demolition) landfill and that his previous statement was in error. He stated that the landfill has been closed, however, was still being monitored.
Ms. Campione questioned if Mr. Oros was comfortable that one monitoring well in the Floridan Aquifer provides adequate assurance that there was no vertical migration from the landfill site into the groundwater. Mr. Oros responded that it was the responsibility of the Department of Environmental Protection to determine if there was reasonable assurance that there was no vertical migration from the landfill site. He stated that he did not agree with Ms. Campione's statement that the Department of Environmental Protection's monitoring requirements were minimum standards. He testified that his assignment was to review monitoring data from a monitoring network that was already installed, and his conclusion was that, based on his evaluation of the data from the existing monitoring network, this landfill does not pose a threat to the Floridan Aquifer.
Ms. Campion directed Mr. Oros' attention to Section 5.3 Landfill Water Quality which states that lead, benzene and nitrate exceeded primary drinking water standards in groundwater during the nine year period of record included in the monitoring report. She questioned if Mr. Oros could tell, from looking at the monitoring report, if any further investigation was performed to determine if these were the only places the County was having problems. Mr. Oros directed Ms. Campione's attention to the Exceedances, on Page 10 of 13, and explained that the Exceedances represents a summary of nine years of monitoring data and the data represents no exceedances of FDEP Guidance Concentrations.
RECESS & REASSEMBLY
At 6:50 p.m., the Chairman announced that the Board would recess and reconvene at 7:05 p.m.
PUBLIC HEARINGS
PETITION NO. 15-00-2 - R-6 TO CFD - THOMAS SASH, TRUSTEE
WINDSOR-THOMAS GROUP/Lake Utility Services, INC.
DON RASMUSSEN (CONTINUED)
At this time, Mr. Richey introduced into evidence a letter from Catherine S. Spann, District Chief, Lake County Fire/Rescue, dated May 19, 2000, (Applicant's Exhibit P) which indicates that Lake County Fire Rescue has a SERT team (Special Emergency Response Team) with 25 state certified members that have responded to numerous hazardous materials incidents throughout the County.
Mr. Richey called Mr. Rick Potts, The Colinas Group, Inc., to provide testimony.
Mr. Rick Potts, Hydrogeologist, The Colinas Group, Inc., appeared before the Board and discussed the model simulation that predicts drawdown impacts from the proposed groundwater withdrawals. He explained that the simulation shows, for 365 days with no rain, there was a negligible impact on the water table surface from the proposed withdrawals at the wellhead and shows a 0.2 of a foot of drawdown after one year of continuous pumping. He testified that the effect on the septic tanks in the area of the wellfield would be non existent, and the ability of contaminates from the Loghouse landfill to migrate caused by the pumping in the deep aquifer to affect the surficial aquifer would be negligible. He testified that there would be no adverse effect on the Green Swamp Area of Critical State of Concern primarily because the Green Swamp was a very poor recharge area for the Floridan, and studies have demonstrated that the Green Swamp contributes very little water to the Floridan.
At this time, Mr. Potts addressed questions presented by Ms. Campione pertaining to his testimony in regard to the model simulation illustrating drawdown, the location being a recharge area, annual fluctuations, the effect on the surficial aquifer, and the Type A Well Construction of the well.
At this time, the Chairman announced that the Board would hear public comment from those in support of the rezoning.
Mr. Tom Daughtery, a resident on C.R. 561, appeared before the Board in support of this request and stated that every resident was entitled to safe and reliable water. He stated that the proposed water system will provide him an opportunity to connect to the system.
Mr. William H. Smithson, a resident of the Crescent Lake Club, appeared before the Board in support of this request and discussed problems with low water pressure. He stated that the water level would affect every resident as growth continues in the subdivision.
Mr. Phillip Greenwald, a resident of the Hills of Lake Louisa, appeared before the Board in support of this request and discussed the low water pressure that the residents of the Hills of Lake Louisa were experiencing. He stated that the subdivision continues to grow and not providing an adequate water supply was only hurting the residents.
Mr. Mark Campbell, a resident of Crescent West, appeared before the Board in support of this request and explained that his home was very close to the proposed location. He discussed the problems with water pressure during peak times. He stated that the issue before the Board was supplying quality utility service for those who are paying for the utility.
Mr. Chris Pickock, a resident of Crescent Lake Club, appeared before the Board in support of this request and discussed the low water pressure that Crescent Lake Club was experiencing. He stated that, during peak times, he was not getting supplied with the legal limit of 20 psi of pressure.
Mr. Bill Welsh, a resident of Hills of Lake Louisa, appeared before the Board in support of this request and discussed the serious problems that they were experiencing with low water pressure. He asked that the Board look at the growth issues that they were experiencing in the area.
Ms. Joyce Morgan, a resident of Cypress Lane, appeared before the Board in support of this request and stated that the residents on Cypress Lane have sent letters to Lake Utility Services, Inc. requesting this utility service.
Mr. Frank Gammon, a resident of Lake Crescent Hills, appeared before the Board in support of this request and explained that he owns ten (10) acres contiguous to the proposed site to the east. He urged to Board to vote in favor of this request.
Mr. Jeff Schnellmann, a contractor in the area, appeared before the Board in support of this request and stated that the biggest complaint from his customers was the problem of irrigation due to the low water pressure. He expressed concern that the builders cannot get the new lawns established and the homeowners cannot keep the lawns alive.
Mr. Cliff Rowe, a resident of Lake Crescent Hills, appeared before the Board in support of this request and discussed the problems he was having with irrigating and maintaining his lawn due to the low water pressure.
Mr. Bruce Babchyck, a resident of Crescent Lake Club, appeared before the Board in support of this request and discussed the low water pressure. He stated that there were concerns with growth for the future; however, the decision on future growth rest with the Board.
Ms. Leslie Campione, Attorney, representing a large group of individuals who are in opposition to this rezoning, reappeared before the Board and stated that the Board of County Commissioners and the water utility should work together to find a site that could accommodate the permits that the County has already issued, the residents that need the service, as well as those who are living in the area that want to connect. She stated that there were some serious environmental concerns presented by the proximity of the Loghouse landfill. She stated that testimony would be presented to show why a well of this size could very likely pull contamination from the landfill. She stated that there were a multitude of land use policies in the Lake County Comprehensive Plan that tell us that this rezoning should not be approved until other conditions occur in this area. The Comprehensive Plan states that development follows urban facilities; however, in this case, there is one urban type facility that was pulling growth in this direction and the other facilities are not in place to accommodate that growth. She stated that she would present expert testimony to the fact that a wastewater treatment plant was needed whether or not the zoning was over four units per acre. She stated that the pro-business and pro-economic development community recognizes the problem and are looking to the Board to find a solution, and the solution was in the existing Comprehensive Plan. She submitted language from the staff report (Opposition's Exhibit 1) and discussed Item E. She stated that she would be calling an expert on hydrogeology issues to look at the relationship between the Loghouse landfill and the proposed site, the potential for drawdown on nearby lakes, the possibility for contamination on this site, the impact of septic tanks on nearby lakes, the aquifer in light of the number of septic tanks in the area, and the need for a regional wastewater system as a higher priority than a central well. She discussed the avenues of appeal.
At this time, Ms. Campione called Ms. Sharon Farrell to provide testimony on the staff report.
Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, appeared before the Board and addressed questions pertaining to the staff report and stated that R-6 zoning was in place prior to the Lake County Comprehensive Plan being adopted and, under the old zoning code, R-6 zoning would allow six dwelling units per acre. Ms. Farrell stated that there are policies in the Comprehensive Plan that state under which criteria you must have wastewater and densities.
Ms. Campione displayed Policy 1-1.6A Water and Sewer Service Requirements for Developments Within Urban and Urban Expansion and Policy 1-1.6B Additional Water and Sewer Requirements (Opposition's Exhibit 2) and questioned how County staff has reconciled these policies with the fact that permits have continued to be issued in this Urban Expansion area. Ms. Farrell responded that the County's only concern from a policy standpoint was Objective 1-10 of the Comprehensive Plan which discourages urban sprawl.
Ms. Farrell responded to questions presented by Mr. Richey pertaining to the R-6 zoning, and Policy 1-1.6A and Policy 1-1.6B of the Lake County Comprehensive Plan.
Ms. Campione called Mr. Stephen R. Boyes to provide testimony. She submitted Mr. Boyes' Professional Qualifications and Experience (Opposition's Exhibit 3) and a GeoSolutions, Inc. Brochure (Opposition's Exhibit 4).
Mr. Stephen R. Boyes, P.G. Principal Hydrogeologist, GeoSolutions, Inc., appeared before the Board and briefly discussed his experience as a Hydrogeologist. He addressed questions pertaining to The Colinas Group, Inc. Report (Applicant's Exhibit O) and discussed the location of the wellfield in proximity to the Loghouse landfill as illustrated in Figure 2. He testified that the conclusions made in The Colinas Report indicating that there was no reason for concern were inaccurate. He explained that the Loghouse landfill was currently monitored to a limited extent by one monitoring well on each side located in the sand, and those monitoring wells indicate that an impact was taking place. He explained that a change in the direction of groundwater flow in the Floridan Aquifer has the capacity to move a plumb from the landfill in a different direction either to the wellfield or off to one side impacting other properties and other wells. This area was the recharge area to the Floridan Aquifer and there will be a drawdown in the overall Floridan Aquifer created by the wells. Mr. Boyes discussed the Monitor Well and Gas Vent Location Plan Loghouse Landfill diagram provided in the Colinas Report and explained that there were four monitoring wells on a scale of 100 feet and that does not provide sufficient closure on the Loghouse Landfill to determine what was actually happened within the landfill. Mr. Boyes discussed Model Run No. 2, Figure 7, of the Colinas Report. He testified to the benefit of having a large well versus having individual wells, and stated that a large well creates a large cone of depression and scattered small domestic wells will spread out the overall water impact. He addressed the issue of low water pressure problems and stated that increasing the size of pumps in existing wells and adding an additional well where a water plant was located would produce more water into the system. He testified that, in his professional opinion, due to the proximity of the Loghouse landfill, the proposed site was not a good site for a regional water plant.
Mr. Boyes addressed question presented by Mr. Richey in regard to the simulated model, the plumb at the landfill, and the four shallow monitoring wells.
Ms. Campione called Mr. Carlos Lantes, Ms. Fawn Lante, Mr. Robert Porter and Mr. Gerard O'Toole to provide testimony.
Mr. Carlos Lantes appeared before the Board in opposition to this request and testified that the County was putting the Lake County Firefighters in a great deal of risk according to the Occupational Safety and Health Standards for General Industry Section 29CR1910.120 (Q). He briefly discussed hydrant pressures and the danger of a liquid chlorine spill. He stated that he would like to review the plans for the routes that Lake Utility Services plans to take, the safety procedures within the plant, the personnel training certifications, and the vulnerability to the area based upon the chlorine that will be utilized.
Ms. Fawn Lante, a resident on C.R. 561, appeared before the Board in opposition to this request and expressed concern that those in support of this request appear to be more concerned with watering their lawns than they do safety. She stated that the Lake County Comprehensive Plan was to protect the citizens, the environment and the community. She discussed law enforcement, the Lake County School System and the growth in the area. She stated that she was present today to ask the Lake County Board of County Commissioners to please continue to protect the citizens by being accountable to their own policies and procedures.
Ms. Margaret Cox, a resident in the Green Swamp Area of Critical State Concern, appeared before the Board in opposition to this request and stated that urbanizing areas of unincorporated Lake County was driving the population explosion. She stated that, if this plant was constructed, an additional 1,200 homes on four units per acre could be built in this area bounded by the Green Swamp Area of Critical State Concern. She urged the Board to look for a different solution to providing improved water service in the area, look at the environment, the beauty of the land and give consideration to those people who want to keep their rural lifestyle without high density and development.
Mr. Robert Porter, a resident on Pine Island Road, appeared before the Board in opposition to this request and stated, for the record, that the residents previously requested that the County do an independent hydrological study on this property, a Small Area Study of the area, and to look at the prior records of Lake Utility Services, Inc. He expressed concern with the use of chlorine and fuel tanks, the public health issue associated with the close proximity to the Loghouse landfill, and the site being in a known Ethylene Dibromide (EDB) area. He stated that Lake Utility Services needs to address the existing wells and make those wells run at capacity without further developing this area.
Mr. Gerard O'Toole, a resident on Log House Road, appeared before the Board to provide expert testimony in regard to the construction, operation and practice of running landfills. He stated that, if the County was going to dig up the skeleton grave yard, they would be subjecting the taxpayers of this County to an eight figure cleanup. He discussed the hazardous waste that was in the central part of the landfill and the toxicity levels of the landfill.
Ms. Campione called Ms. Linda Portal to provide expert testimony regarding the Comprehensive Plan issues that were referenced by Ms. Campione in her opening statement.
Ms. Linda Portal, LMK Portal Consulting, appeared before the Board and submitted a Resume (Opposition's Exhibit 5) on her professional experience and an Analysis and Findings Report (Opposition's Exhibit 6). At this time, Ms. Portal presented a PowerPoint presentation, and discussed the following issues:
Lake County shall guide the orderly growth and development of the County by coordinating water service availability with the municipalities, private enterprise and individuals pursuant to Objective 6D-2.
Lake County shall provide potable water services to all areas of the county (outside municipal service areas) when densities warrant the extension of the Utility pursuant to Objective 6D-3.
The coordination of service delivery shall be in a manner that provides maximum use of existing facilities pursuant to Objective 6D-2.
The County was to provide wastewater facilities to the area in order to make it appropriate for higher density growth pursuant to Objectives 6A-1 and 6A-3.
The lack of a wastewater facility to serve the area will result in lower density development pursuant to Policy 6A-3,2, EAR; VI-81.
The County is required to rectify noted system wastewater deficiencies prior to extending service to facilitate new development pursuant to Policy 6A-4.5.
The area is too remote to anticipate the regional system will be developed any time in the planning time frame (EAR).
Existing systems have not been evaluated to assess maximum potential as required.
Placement and timing of the facility will drive growth outside areas where facilities have not been maximized and will thus contribute to sprawl.
The amount and location of water withdrawals must be regulated to avoid adverse effects on natural systems pursuant to Policy 7-5.7.
By drawing new development to the area prior to the availability of central wastewater services the proposed well would increase the potential for pollution in the sensitive natural system.
The siting of a well at this location will draw new development, prematurely increasing water consumption in the area.
Installation of a well at this site may alter the natural structure and function of area wetlands.
The Wetlands of Lake County must be Conserved and Protected to Ensure that the Natural Structure and Functional Values are Maintained pursuant to Objective 7-5,9J-5,013.(2)(B)(3), (4).
Limitations of development potential make it inappropriate at this time to site a new water facility in this area.
The establishment of services designed to promote growth prior to the provision of services to existing need areas is inconsistent with the Comprehensive Plan.
Ms. Portal submitted Lake County Comprehensive Plan Policy 7-2.18 Protection of Public Potable Water Wellfields 9J-5.013(2)(c)(1) (Opposition's Exhibit 7) and Policy 7-2.20 Regional Water Utility and discussed said language.
At this time, Ms. Portal addressed questions presented by Mr. Richey pertaining to her qualifications and testimony.
Ms. Campione concluded her presentation and stated that Ms. Portal's testimony was very clear on the County's deficiencies. She stated that there was a real potential for contamination, unanswered questions and conflicting testimony as to whether or not we need to be concerned. She stated that, in finding the appropriate location for this facility, it was critical that we define what that capacity was going to be and that a situation is not created where we are bringing more development to the area until water issues are resolved.
Mr. Scott Denham, a new resident, appeared before the Board to discuss the concerns that have been expressed in regard to low water pressure and stated that he does not believe that the installation of this well will not take away from the individual wells.
Mr. Matt Rice, a resident on Pine Island Lake Road, appeared before the Board and noted that he owns 400 acres in the Green Swamp Area of Critical State Concern. He stated that he was not in objection to the proposed facility, however, was in objection to the drawdown from the proposed well affecting the water level of the pristine Pine Island Lake.
Mr. George Green, an engineer and native resident of Lake County, appeared before the Board in opposition to this request and expressed concern that there could be an ecological disaster if a simulation model was wrong, the engineer that designed the model was in error, or the concrete that was installed to seal the aquifer was bad. He stated that his desire would be to not have this well drilled because he has not heard evidence that guaranteed that the applicant's opinions were correct.
Mr. Charles Arnold, a resident on Log House Road, appeared before the Board in opposition to this request and distributed photographs (Opposition's Exhibit 9) illustrating the dangerous curve on Log House Road in front of his home. He discussed accidents that have occurred on the curve and his concern for the health and safety of his family. He expressed concern with the transportation of chlorine on the 20 foot wide roadway to the proposed 1,000 gallon chlorine tanks sitting on top of the hill. He briefly discussed the urban sprawl that was occurring in the area and stated that more crime and more problems would be occurring.
Mr. Jimmy Conard, a resident on Bogaert Drive, appeared before the Board in opposition to this request and stated that Lake Utility Services was trying to reach a solution for the water problem in the area; however, the location of the well will only encourage more development. He stated that a well was necessary to serve the existing residents but not in the proposed area.
Dr. Nancy Pratt, a resident on Pine Island Road, appeared before the Board and stated that she was in opposition to this request because there was a water shortage in Lake County, in Central Florida, in the United States and on this planet. She expressed concern that people are stating that they are suffering because they cannot water their lawns and suggested that, perhaps, we need to question the need to have lawns in the first place. She suggested that the water problems be solved by a little common sense and responsible conservation.
Mr. Mark Venzke, a member of the various conservation organizations in Lake County, appeared before the Board in opposition to this request. He stated that there was a broad consensus that 1,000 feet from a landfill of various dubious content was inadequate and, for that reason alone, this request should be denied at the proposed location. He submitted an Order Issuing a Water Shortage Warning within the St. Johns River Water Management District (Opposition's Exhibit 10) and read Item 6, as follows: "In the event the District continues to experience below normal rainfall, there is an increased likelihood that localized upconing of saltwater will occur in some wells, interference with domestic and irrigation well uses may result in some areas, and that sufficient water resources may not be available to enable certain public supply Utility and other users to withdraw sufficient quantities of water to meet user demands." He discussed the above noted language and noted that the order was issued last year before the drought conditions. He requested that the Board deny this zoning request and to be more adherent to the Lake County Comprehensive Plan in the future.
Mr. Bruce Suther, a resident on Crescent Lane, appeared before the Board in opposition to this request and expressed concern that Lake Utility Services makes the assumption that there was an unlimited amount of water. He requested that the Board look not only at the water pressure problems but at the quality of life in Lake County.
Mr. Richey called Mr. Walter Wood to provide testimony.
Mr. Walter Wood, Hydrogeologist, Lake County Water Resource Management, appeared before the Board to address questions presented by Mr. Richey. He testified that he has a level of comfort that the proposed Type A Well Construction, after it goes through the Department of Environmental Protection and St. Johns River Water Management permitting processes, will be appropriate for Lake County and can be done safely. He stated that the proposed well meets the wellhead protection requirements of the Land Development Regulations which was more stringent than the Lake County Comprehensive Plan requirements. He testified that two additional monitoring wells were added four years ago at the request of the state and, based on those monitoring wells, there has been no indication, in his professional opinion, that the concerns that have been raised should be considered by the Board. He testified that the County has performed 4,676 individual analyses, which includes 292 individual perimeters, over the course of the monitoring of the landfill. The comfort level reflected in the report provides a comfort level sufficient to protect the public, and the proposed wellfield can be built safely and function safely through the permitting process.
Mr. Wood responded to questions presented by Ms. Campione regarding the monitoring wells and the ground water modeling that was previously presented.
Mr. Richey recalled Mr. Boyes to provide additional testimony.
Mr. Boyes addressed questions pertaining to the growth in the area and the use of liquid chlorine. He addressed the issue of increasing capacity at the existing plants. He reiterated that the existing plants are located within existing subdivisions inside of existing pipe grids and, even if you could get more water out of those plants, you would be constrained by the size of the existing pipe grid which would be a problem. He explained that the problem with installing new wells at existing plant sites was that development was all around the existing sites and septic tanks would present a sanitary hazard. He explained that the existing plant sites are located at a relatively low elevation with respect to some of the higher elevations within the service territory; therefore, they are trying to push water uphill resulting in the loss of water pressure. He stated that the new plant would provide more water supply at a high elevation which is good for water pressure.
Mr. Boyes responded to questions presented by Ms. Campione regarding the current permitted capacity through the Department of Environmental Protection. Mr. Boyes testified that the residences in the area are using approximately 650 gallons of water per day according to the water records which is much more water than the average 350 gallons per day. He testified that the new system was being designed according to the Department of Environmental Protection requirements using the maximum daily flow which was twice the average in the area.
In response to a question presented by Commr. Swartz, Mr. Boyes stated that booster pumps would not substantially reduce the low pressure problems that the current customers are having because of an inadequate supply of water.
Mr. Richey stated that the Lake County Comprehensive Plan Future Land Use Element provides for public service and CFD uses in all of the Comprehensive Plan designations; therefore, Urban Expansion provides for this type of use. It also states that services will be approved that are consistent with the Future Land Use Element. He suggested that four units to the acre was what Urban Expansion allows and is not inconsistent with that land use policy to approve potable water and fire protection for the densities that will be allow either under the point system or any other system that comes into place as it was revised by the Evaluation and Appraisal Report. He stated that Lake Utility Services was willing to regulate this plant through the Department of Environmental Protection, and the St. Johns River Water Management District and are willing to allow those agencies to judge if having this particular wellfield at this location in Urban Expansion was appropriate for purposes of the drawdown and the effect on the Loghouse landfill. In response to a question presented by Commr. Pool, Mr. Richey stated that the St. Johns River Water Management District has indicated that, if the wellfield was constructed to the Type A Well Construction standards, they would be comfortable with this request.
At this time, the Chairman closed the public hearing portion of the meeting.
Ms. Farrell presented an aerial map (County Exhibit 4) illustrating the land uses and zonings in the area. She addressed questions presented by the Board.
Mr. Sandy Minkoff, County Attorney, discussed the issue of septic tanks in the area and stated that, if central water becomes available, Lake County Code would require central water hookup regardless of lot size.
Commr. Hanson questioned the purpose of the Urban Expansion designation in the area; at which time Commr. Swartz explained that Urban Expansion was put in this area because it was thought that someone would provide central water and sewer service. He stated that the Comprehensive Plan, which refers back to the Water/Wastewater Master Plan, always had the intention that, as a condition of development, central water and wastewater would have to be provided in those areas; however, that has not occurred.
In response to a question presented by Commr. Hanson regarding the location of the proposed wellfield site, Ms. Campione stated that they were in opposition to this site because of the proximity to the Loghouse landfill within 1,000 feet of the site, and the issue of not finding a location that actually addresses the areas where they are having the water pressure problems.
Commr. Pool stated that Lake Utility Services has looked for two years for a location for the proposed wellfield site, and has been told by the Board to find a more rural location away from existing neighborhoods. He stated that he was not willing to approve one single additional project in this area until we have a handle on where the water will come from and who in fact needs the water. He stated that he has received 36 phone calls in favor of this rezoning and three calls in opposition. He stated that he does not have a comfort level with the Loghouse landfill; however, expert testimony has clearly stated that water could not penetrate the well site if connected properly with a Type A Well.
In response to a question presented by Commr. Pool, Mr. Wood reiterated that he has a level of comfort that the landfill would not influence the well. He stated that the landfill has been capped since 1987 and the trash was dry and encapsulated from the top; therefore, surface waters are not seeping into the landfill and carrying contaminates into the surficial aquifer.
Mr. Alan Hewitt, Water Resources Director, appeared before the Board and stated that he was in agreement with Mr. Wood's statements and confirmed that the landfill has been capped and has been under observation for15 years.
Commr. Hanson expressed concern with the proximity to the Loghouse landfill, however, noted that the Department of Environmental Protection and the St. Johns River Water Management District would require extensive testing on the site during the permitting process. She stated that the Board did approve the land use designation in the area with the assumption that water would be in place. She stated that she has a concern with the one-half acre lots which has resulted in the growth in the area.
Commr. Swartz stated that the two issues of concern were the specific location that has been requested in the rezoning and the continued proliferation in this area of what is inconsistent with the Lake County Comprehensive Plan. He expressed concern with the proximity of the Loghouse landfill to the proposed wellfield site. He stated that he was concerned for the folks that do not have adequate water pressure, and the additional people who are going to connect to this system. He stated that he was not confident that the applicant has done all that could be done with their existing facilities, and that it was troubling that the facility appears to be designed for something far more than the immediate demand. He stated that he cannot, in good conscious, vote for a public water system in such close proximity to a very bad landfill.
Commr. Gerber concurred with Commr. Swartz's comments. She discussed health and safety issues and stated that she does not have a level of comfort as to the safety of the water due to the close proximity to the Loghouse landfill.
Commr. Cadwell stated that the County's rules encourage these types of facilities which has been his biggest concern in regards to finding a site. He stated that there was an additional need for water and water pressure in the area and this particular site, outside of the landfill, would be an ideal site. He stated that he does have confidence in the staff recommendations in regard to the landfill and would support this rezoning.
Mr. Richey stated that Mr. Orr has been working for two years to find a site in this Western Service Area and has been unable to find another site. At this time, a brief discussion occurred regarding other parcels for a well site in the Western Service Area.
Mr. Minkoff stated that, should the Board deny this application, Lake Utility Services, Inc. would have the right to challenge the denial in the court system.
Ms. Campione noted that, during the permitting process, the Department of Environmental Protection would be looking closely at the Loghouse landfill, and the County could be facing an expensive cleanup of the landfill.
Commr. Pool stated that he would make a motion to deny this request based on the close proximity to the Loghouse landfill and the fact that the County could be faced with the cost of the cleanup of the landfill.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried by a 4-1 vote, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request from Tom Sash/Windsor-Thomas Group, Inc., Lake Utility Services, Inc./Don Rasmussen, Steven J. Richey, PA, Petition No. 15-00-2, Tracking No. 31-00-CFD, for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for a water treatment plant site for a South Clermont Regional Facility.
Commr. Cadwell voted in opposition.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:30 p.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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