A REGULAR MEETING OF THE BOARD
OF
MAY 20, 2008
The Lake County Board of
INVOCATION
Reverend William Tyson, from the Union Congregational Church in Tavares, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Cindy Hall,
MINUTE APPROVAL
Regarding the Minutes of April
15, 2008, Commr. Renick requested the following:
On Page 17, Line 17, delete the
language the Commissioner for that district, in that she is not the
Commissioner for the district in question, she just happened to be meeting with
some of the residents from said district.
Regarding the Minutes of April
22, 2008, Commr. Renick stated that there was a brief discussion about the Lake
County Water Authority being a member of the Lake County Water Alliance and
that she felt that fact should be included in Paragraph 5, on Page 5 of the
Minutes.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved the Minutes of April 15, 2008 (Regular Meeting), as corrected; and April 22, 2008 (Regular Meeting), as amended.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 3-0 vote, the Board approved the Clerk of Court’s Consent Agenda, as follows:
List
of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) 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.
Lands Available List
Request to acknowledge receipt of
property placed on the Lands Available List.
Notice Before the
Request to acknowledge receipt of Notice
Before the Florida Public Service Commission – In re: Application for certificate to operate water
utility in
Southwest Florida Water
Management District Governing Board Meeting Agenda and
Minutes
Request to acknowledge receipt of
Southwest Florida Water Management District Governing Board Meeting Agenda for
April 29, 2008, to be held at 9:00 a.m., at
Ordinance from City of
Request to acknowledge receipt of
City of
Comprehensive Annual Financial
Report for the City of
Request to acknowledge receipt of
Comprehensive Annual Financial Report for the City of
Comprehensive Annual Financial
Report for the City of
Request to acknowledge receipt of
Comprehensive Annual Financial Report for the City of
Notice of Public Hearing from
City of
Request to acknowledge receipt of
Notice of Public Hearing from City of
Commr. Renick requested that Tab 9
be pulled, for clarification, at which time she noted that the background
information states that the Fiscal Impact is 0; however, when one looks at the
actual Resolution, it states that the County might have to provide a
proportionate local share of the project cost.
She stated that she feels the reason it states the fiscal impact will be
zero is due to the fact that it was already budgeted. She noted that she wanted to make it clear
that the County has to pay a part of said costs.
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board
approved the
Budget
Request from Budget for approval of the following:
Budget Transfer –
Budget Transfer –
Budget Transfer – General Fund, Department
of Public Safety, Fire Rescue Division.
Transfer $44,464 from Aids to Governmental Agencies to Office Supplies
($29,514) and Machinery and Equipment ($14,950). This transfer is needed to distribute the
Resolution No. 2008-72, amending the Public Transportation Fund, in order to receive unanticipated revenue for Fiscal Year 2008, in the amount of $6,947, deposited into Contributions from Other Agencies; and to provide appropriations for the disbursement for Promotional Activities for marketing efforts, to promote LakeXpress (fixed route service).
Resolution No. 2008-73, amending the General Fund, in order to
receive unanticipated revenue for Fiscal Year 2008, in the amount of $308,629,
deposited into Police Services – Minneola; and to provide appropriations for
the disbursement for Transfer – Minneola Contract. The Sheriff’s Office has modified their
agreement with the City of
Request from the Department of
Facilities Development and Management for payment to Arthur J. Gallagher Risk
Management Services, Inc., for Builders Risk, for
Community Services
Request for approval of the transportation Standard Coordinator Contract with Christian Home Companionship.
Request for authorization to submit a Final Annual Performance Report for the Federal Fiscal Year 2006 Edward Byrne Justice Assistance Grant (01/01/07 through 12/31/07); designate Ms. Allison Thall, Citizens Support Services Director, as the program contact and point of contact person, and Mr. Fletcher Smith, Community Services Director, as the alternate program contact person for Federal Fiscal Year 2006, and all grant periods prior; and direct designated staff to submit the electronic report to the Bureau of Justice Assistance, on behalf of Lake County.
Request for approval of the transportation Standard Coordinator Contract with Silver Pointe, Inc.
Request for approval of the transportation Standard Coordinator Contract with Second Chance Group Home, Inc.
Request for approval of the transportation Standard Coordinator Contract with Touch of Love Support Services.
Request for approval of Resolution No. 2008-74, acknowledging the County as the designated recipient of the Federal Transit Administration funds, under the Section 5307 Program.
Request for approval of reallocation of $10,000, currently funded through Human Service Grants to Community Care Health Services, to Lake County Health Department Prescription Program. This request is in response to Community Care Health Services going out of business.
Request for approval of Resolution No. 2008-75, appointing the current Affordable Housing Advisory Committee members.
Environmental Utilities
Request from Environmental Utilities for approval of Resolution No. 2008-76, amending the types of funding accepted in the Environmental Recovery Fund.
Procurement
Request for approval and execution of a term and supply contract with A&E Land Clearing, Inc., to provide mulching services at the Lake County Environmental Services Facilities. The initial annual cost of the contract is $83,125.00.
Request that the Board (1) declare items on submitted lists surplus to County needs; (2) authorize the removal of items on said lists from the County’s official fixed asset inventory system records; and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
Public Safety
Request for approval to terminate Comcast Tower Leasing Agreement, due to non-appropriation of funds for this Lease, effective September 30, 2008 - Commission District 1.
Public Works
Request for authorization and
signature to submit modification number one to the sub-grant agreement between
the Division of Emergency Management and the Lake County Board of
Request for authorization to release a performance bond for construction of improvements, in the amount of $1,164,647, that was posted for Clearwater Reserve, Phase I. Clearwater Reserve, Phase I, consists of 55 lots and is located in Section 28, Township 20 South, Range 24 East - Commission District 3.
On a motion by Commr. Stewart,
seconded by Commr. Renick and carried unanimously, by a 3-0 vote, the Board
approved the
Request for approval of increase in rates for Outside Counsel Henry "Skip" Jewett.
Request for approval of Termination
of Lease Agreement and Amendment between the Village Center Community
Development District and
PRESENTATIONS
TRANSPORTATION DISADVANTAGED PROGRAM PRESENTATION
Mr. Ken Harley, Public Transportation Director, Community Services, addressed the Board stating that the County has two forms of public transportation, one being the Transportation Disadvantaged Program, which is governed by Chapter 427 and falls under the Florida Commission for the Transportation Disadvantaged (FCTD), at which time he noted that the Chairman of that Commission would be giving the Board an overview of some things that have taken place during the legislative session, as well as some future goals for the program.
Dr. J. R. Harding, Chairman, Florida Commission for the Transportation Disadvantaged, addressed the Board and praised Mr. Harley for the work that he does, noting that he feels blessed to have him on his team. He informed the Board that he came before them approximately one and a half years ago and that he would like to provide them with a brief update and an overview of the last legislative session and thank them for their support, noting that Boards such as this one are the backbone of their program. He stated that he wonders, as the State has more and more difficult issues, how long county and city governments will stick with its citizens, however, noted that this Board has clearly demonstrated that they are in it for the long haul. At this time, he presented a power point presentation, giving an overview of the Transportation Disadvantaged Program, noting that their mission is to ensure the availability of efficient, cost effective, quality transportation services for transportation disadvantaged persons. The Committee consists of seven voting members, five who must have significant experience in the operation of a business and two members who must have a disability and use the transportation disadvantaged system. There are eight ex-officio, non-voting advisors on the Committee, consisting of the Secretary of Transportation, the Secretary of the Department of Children and Families, the Director of Workforce Innovation, the Executive Director of the Department of Veterans Affairs, the Secretary of the Department of Elder Affairs, the Secretary of the Agency for Health Care Administration, the Director of the Agency for Persons with Disabilities, and the County Manager, or Administrator, who is appointed by the Governor. People who are served by the Transportation Disadvantaged Program are those people who, because of physical or mental disability, income status, age, or are unable to transport themselves, or purchase transportation, and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life-sustaining activities, or children who are handicapped, high-risk, or at-risk, fall under the program, as defined in Chapter 427 of the Florida Statutes.
Dr. Harding discussed the history of the program, which began in the 1970’s, and how, over the years, it has received a number of productivity awards, which shows that it is a good, cost effective and efficient program. He reviewed the number of passengers that were served in the County (18,784), as well as the number of trips (242,314) that were provided for employment, medical, etc., with the total number of miles driven being 2,362,523. He stated that 781,850 employment, medical, educational/training, nutritional, and other life-sustaining trips were denied across the State in Fiscal Year 2007. He discussed who funds the program, noting that 42% of it comes from the local government; 11% from a Special Trust Fund, under the Commission for the Transportation Disadvantaged; 19% from the Agency for Health Care Administration (AHCA); 7% from the Department of Children and Families (DCF); 3% from the Department of Education Administration (DOEA); 5% from the Department of Transportation; and 13% from grants and other federal activities. He reviewed the program’s budget of $111,901,505 and how it is broken down, noting that only 1.39% of it is for administrative cost, with 98.6% of it being for local services. He stated that the Medicaid Non-Emergency Transportation (NET) Program probably gets the biggest piece, noting that last year the Legislature approved $72,939,505 for the Agency for Health Care Administration, but the Commission for the Transportation Disadvantaged was only allocated $68,717,838, the reasons being: Medicaid reform in five pilot counties and managed care organizations required to provide NET. He stated that staff is in the process of negotiating a new one year contract with AHCA, which will begin September 1, 2008.
Dr. Harding informed the Board that,
in March of 2008, the Commission for the Transportation Disadvantaged did a
Return on Investment Study with
LAKEXPRESS FIRST ANNIVERSARY PRESENTATION
Mr. Ken Harley, Public Transportation Director, Community Services, addressed the Board stating that they were excited that LakeXpress will be celebrating its first anniversary on Wednesday, May 21, 2008. He stated that they would be giving the Board an update on what has happened during the past year, with regard to LakeXpress, and that members of his staff were present in the rotunda, making marketing information about LakeXpress available to the public. He noted that individuals would be able to ride LakeXpress for free on May 21st, in celebration of its one year anniversary.
Mr. David Hope, General Manager of
MV Transportation, addressed the Board and gave a power point presentation
regarding LakeXpress, at which time he discussed fixed route funding sources
and expenditures, noting that its funding comes from the Federal Government,
the State, and locally. He stated that
funding used to purchase needed vehicles and to provide service has cost the
(
projections by 9,454.
Mr. Hope stated that, for the future, they are looking at possibly having Van Pooling, a Ride Share Program, a Park and Ride, and perhaps a Maintenance Facility.
COMMUNITY SERVICES
NAMING OF JOINT USE LIBRARY IN CLERMONT
Ms. Wendy Breeden, Library Services Manager, addressed the Board and presented two possible names for the new joint use library in Clermont, the first being Cooper Memorial Library at LSCC, and the second being Cooper Memorial Community and College Library.
A brief discussion occurred
regarding the matter, at which time Commr. Renick informed the Board that the
Cooper family, who originally donated the land for the library, was very
pleased to see that their family name was being kept as part of the name for the
new library. She stated that the
preference seems to be Cooper Memorial Library at LSCC, at which time Ms.
Breeden noted that
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved the first recommendation – Cooper Memorial Library at LSCC as the name for the new joint use library in Clermont.
TITLE VI PLAN FOR PUBLIC
TRANSPORTATION DIVISION
Mr. Fletcher Smith, Community Services Director, addressed the Board stating that this request pertained to some operational policies and procedures that are being put in place, in order to comply with Federal Transit Administration (FTA) guidelines, regarding discrimination and fair and equitable service, and staff was requesting approval of same.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 3-0 vote, the Board approved a request from Community Services for approval of the Title VI Plan for the Public Transportation Division.
ADDENDUM NO. 1
PUBLIC TRANSPORTATION DIVISION OPERATIONAL POLICIES AND
PROCEDURES
Mr. Ken Harley, Public Transportation Director, Community Services, informed the Board that, under Federal Transit Administration (FTA) guidelines, there are operational procedures that his department has to have in place that are not applicable to other operations of the County, and that staff was asking that the County Manager be authorized to sign off on them, noting that they will not have any financial implications upon the County – they are more or less operational procedures.
On a motion by Commr. Stewart,
seconded by Commr. Renick and carried unanimously, by a 3-0 vote, the Board
approved a request from Community Services for the
INTERLOCAL AGREEMENT BETWEEN LAKE
AND
JOINT USE OF CAGAN CROSSINGS
COMMUNITY LIBRARY
Ms. Wendy Breeden, Library Services
Manager, addressed the Board stating that
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved a request from Community Services for approval of an Interlocal Agreement Between Lake County and Polk County for Joint Use of the Cagan Crossings Community Library; approval of the Head of Reference Librarian position; approval to increase the library’s book budget by $10,000; and approval of Resolution No. 2008-77, to receive unanticipated revenue - Commission District 2.
PROCUREMENT SERVICES
AWARD OF HISTORIC BUILDING
CORNICE RESTORATION CONTRACT
Mr. Barnett Schwartzman, Procurement Services Director, addressed the Board stating that he was requesting that the Board move ahead with awarding the Historic Building Cornice Restoration project contract to the low bidder, Painter Masonry/Ambach Masonry, noting that the County received four bids and that they had obtained good references and had a bond in place for said firm. He noted that this project was bid once, but the low bidder the first time around could not come in with an acceptable bond and there was a big difference between the low bidder and the second low bidder, so they re-competed and the price they are getting this time is above what the low bid was last time, but below what the second low bidder had bid.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved a request from Procurement Services to award a contract to Painter Masonry/Ambach Masonry for Project No. 08-0229, the Historic Building Cornice Restoration project, in the amount of $215,215.00, with a $21,521.50 contingency to be used at the discretion of Mr. Jim Bannon, Director, Facilities Development and Management.
PUBLIC WORKS
Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that Kurt Street is one of several roads in the Golden Triangle area that the County has included in its road program over the last couple of years and that Mr. Frazier Howe, Project Manager, with the engineering firm of T.Y. Lin International, would be presenting them with a presentation regarding the status of said road. He stated that this project is one of a continuing process of capital improvements throughout the County.
Mr. Howe addressed the Board and
gave a power point presentation regarding the Kurt Street Preliminary
Engineering Study, noting that, in cooperation with the City of Eustis and
staff from the County’s Public Works Department, they developed several
alternative concepts for Kurt Street and West Lakeview Avenue, from US 441 to
SR 19, and their recommendations would be to improve operations and accommodate
bikes and pedestrians on said roadways, including those who are transportation
disadvantaged. He stated that the design
phase will cover only the portion of
Mr. Howe stated that, by 2014, four
lanes will be needed on
Mr. Howe informed the Board that T.
Y. Lin International is recommending Alternative A, which includes four ponds
on
Mr. Howe commented that, on April
17, 2008, the Bicycle and Pedestrian Advisory Committee (BPAC) of the
Lake-Sumter Metropolitan Planning Organization (LSMPO) voted to support the
study team’s recommendation for
Mr. Sandy Minkoff,
Mr. Stivender readdressed the Board stating that Kurt Street has been on the County’s CIP for a long time, because of some traffic issues involved with it, noting that staff has been working with the City of Eustis, to try and address some age problems involving the road, as well as make some improvements to it at the same time, and it is finally coming to fruition.
On a motion by Commr. Stewart,
seconded by Commr. Renick and carried unanimously, by a 3-0 vote, the Board
approved a request from Public Works for approval of the Final Study
Recommendations for the Kurt Street Preliminary Engineering Study for the City
of
PUBLIC HEARING
NUISANCE ABATEMENT ORDINANCE
Mr. Sandy Minkoff,
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
AMENDING THE LAKE COUNTY CODE; AMENDING SECTION 14-55 OF THE LAKE COUNTY CODE
TO REDUCE THE HEIGHT AT WHICH NUISANCE WEEDS, TREES OR THE EXISTENCE OF AN
EXCESSIVE ACCUMULATION OR UNINTENDED GROWTH OR GRASS, UNDERGROWTH OR OTHER DEAD
OR LIVING PLANT LIFE BECOMES A NUISANCE FROM EIGHTEEN INCHES OF HEIGHT TO TEN
INCHES OF HEIGHT; AMENDING SECTION 14-59 OF THE LAKE COUNTY CODE TO REDUCE THE
TIME AN OWNER HAS TO ABATE A NUISANCE FROM THIRTY DAYS TO FOURTEEN DAYS;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERANCE; PROVIDING AN
EFFECTIVE DATE.
The Vice Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved Ordinance No. 2008-28, amending Sections 14-55 and 14-59 of the Lake County Code, referencing nuisance abatement, as presented.
PUBLIC HEARING
GERTRUDE ORDINANCE
Mr. Sandy Minkoff,
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA,
AMENDING SECTION 16-50, LAKE COUNTY CODE, ENTITLED LAKE DALHOUSIE PUBLIC BOAT
RAMP, TO CORRECT A STATE AGENCY NAME; AMENDING SECTION 16-51, LAKE COUNTY CODE,
ENTITLED SYLVAN SHORES PARK; ALLOWING THE LAUNCHING AND RETRIEVING OF
NON-MOTORIZED CANOES AND KAYAKS AT THE PARK; PROVIDING EXEMPTIONS TO THE
PROHIBITIONS; PROVIDING FOR MONITORING OF LAKE GERTRUDE; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
The Vice Chairman opened the public hearing.
Mr. Tom Youngs, a resident on Lake Gertrude and President of the Lake Gertrude Property Owners Association, addressed the Board stating that, if they planned to approve the Ordinance before them, the residents that he was representing would ask that the public hearing be postponed, until a full Board could be present, noting that they feel it will be a close vote and would like to have the full Board present to vote on it.
Commr. Stewart interjected that she was concerned about the fact that a lot of the people attending this meeting had taken time off from work, in order to attend the meeting, and may not be able to do so again, when the next public hearing is held, therefore, would be against postponing the public hearing this date. She noted that she would like to hear from those people who took time off from work to attend the meeting, and as to how they felt about the request for a postponement.
The Vice Chairman called for a show of hands, as to how many people would like for the public hearing to be postponed.
A motion was then made by Commr. Renick to postpone the public hearing until a later date.
The Vice Chairman passed the gavel to Commr. Stewart and seconded the motion.
Under discussion, Ms. Sue Jantz, a
resident of the
Mayor Melissa DeMarco, City of Mt.
Dora, addressed the Board, representing the
The Vice Chairman called for a vote on the motion to postpone the public hearing until such time as a full Board could be present.
Commr. Renick questioned whether, if she was in favor of hearing the request this date, she needed to withdraw her original request to postpone the public hearing.
Mr. Minkoff,
The motion failed, by a 2-1 vote.
Commrs. Renick and Stewart voted “No”.
Mr. Youngs readdressed the Board with concerns the Lake Gertrude Property Owners Association had about the proposed Ordinance. If approved, it would allow kayaks and canoes to access Lake Gertrude, which they feel would affect their quality of life, in that Sylvan Shores Park has been a passive park for over 25 years and there has never been a public access from the park to the lake during that time – there has only been a trail cut through the wetlands. They are also concerned that the kayaks, canoes, and other boats that will be allowed to access the lake will bring in hydrilla, after they have already spent over $30,000 treating hydrilla that was on the lake, and that parties will be held on the lake, as is held on Lake Joanna each year, polluting it with beer cans, bottles, and trash (float stock) that will end up on the bottom of the lake.
It was noted that the homeowners on Lake Gertrude and the residents of Sylvan Shores are only concerned about what is best for the park, the lake, and their property values, and that the Sylvan Shores Association has always wanted the park to be a passive park. In 1990, a mutual agreement was entered into with the County that the park would remain a passive park for walking, biking, bench sitting, and having a great view for shuttle launches – that there would be no swimming or boat launching, and, in 1991, Ordinance No. 1991-17 was adopted prohibiting unregulated use of Sylvan Shores Park, due to the fact that it had become disruptive to the residents of neighboring properties, and the Board found that prohibiting swimming, boat launching or retrieval, among other things, at Sylvan Shores Park would provide for the health, safety, and general welfare of the residents of Lake County. It was further noted that, in March of 2001, when the County and the Sylvan Shores Association agreed to let the County have Sylvan Shores Park, during a meeting of the Sylvan Shores Association, the Association was informed by county staff that the County would not place something in the park that it did not want and that, due to the fact that the park was a passive park, it would be geared more to nature and not sports activities. In 2002, during a request for rezoning of the park, a Stipulated Restriction was added to the rezoning to maintain the integrity of the present conditions on use of the park, as indicated in the Rezoning Ordinance, Section 16-51, which states that the following restrictions shall continue to apply to the park: There shall be no swimming, fishing, launching of boats, or retrieval of boats, and Lake County shall endeavor to maintain the quality of the environment and aesthetic characteristics of Sylvan Shores Park as a passive park.
Mr. Youngs reviewed and submitted, for the record, a packet of information, containing various photographs (13) of the park and surrounding property; excerpts from documents; Ordinance No. 1991-17; minutes of meetings that were held, where the park and the lake were discussed; a copy of a letter from BDA Environmental Consultants to Mr. Youngs, on behalf of the Lake Gertrude Property Owners Association, containing responses to a number of questions that were submitted to said consultants regarding the issue of hydrilla; copy of a newspaper article showing a park ranger leading kayakers on a trip along the shore of Lake George and what appears to be hydrilla hanging from one of his paddles; a plat of Sylvan Shores Park; and a copy of a deed, which states, “No riparian water rights shall be included with any lots and are retained in front of all streets leading to Lake Gertrude.” He asked the Board to leave the Ordinance as it is and honor the wishes of the residents on how they want the park to be; help protect the wetlands around the park; keep trash and other abuse out of them; that the sign on the edge of the wetlands, which states, “Habitat for Wildlife” continue to mean something; and to help keep hydrilla from entering the lake, or going into other county lakes. It was noted that the residents feel it is the County’s responsibility and that they hope the Board’s vote will be to deny the Ordinance and protect the pristine environment of the lake - not vote in favor of the Ordinance, as it will only further help the lake’s demise.
Mayor DeMarco readdressed the Board
stating that she agrees that
Ms. Jantz readdressed the Board, in
favor of the Ordinance, noting that she and her husband were attracted to the
Numerous other property owners in the area, being Mr. Carl Anderson, Mr. Al Chiodo, Mr. Steven Vaughn, Mr. Ned Bradford, Mr. Robert Herndon, Mr. Lloyd Atkins, and Mr. Mark Vaughn, addressed the Board regarding concerns they have about approval of this Ordinance, at which time it was noted that not one of the members of the Lake Gertrude Property Owners Association, or any of the residents around the lake, consider it to be a private lake – they know and understand that it is a public state owned lake and a result of the sovereign, submerged waters of the State of Florida; that all the people around the lake are concerned about the quality of the lake and the invasiveness of hydrilla and hope that, if the Board approves the request, they will provide a test that is an effective measure, aerial surveys, and photographs monitoring and measuring the impact of the hydrilla and that they will provide a cleaning station that will be helpful to the people that will be utilizing the lake, so that they will not be spreading hydrilla from Lake Gertrude to other lakes in the County and will assist the County in its hydrilla abatement program; a concern about runoff from the roads going into the lake; a concern about their property rights; the fact that the residents feel the Board would be doing a huge disservice to them, if they approve the Ordinance; the issue of safety, with regard to use of the lake by people other than the residents in the area; and a desire to preserve what this area has, compared to other areas of the State, which have gotten out of hand.
There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing portion of the meeting.
RECESS AND REASSEMBLY
At 10:55 a.m., the Vice Chairman announced that the Board would take a 10 minute recess.
PUBLIC HEARING
GERTRUDE ORDINANCE (CONT’D.)
Commr. Stewart stated that she grew
up in
Mr. Darryl Smith, Environmental
Utilities Director, addressed the Board, upon the request of Commr. Stewart,
and informed those present that he and Commr. Stewart worked with the State, in
an attempt to receive funding for remediation of the hydrilla, but the State
would not fund removal of it from
Commr. Stewart stated that
Mr. Bobby Bonilla, Parks and Recreation Director, addressed the Board, in response to a question from Commr. Stewart about whether the County has received complaints from residents on other lakes in the County about an increase in vandalism or garbage pollution, due to canoeing and kayaking educational trips taking place on those lakes, to which he responded that the County had not received any such complaints.
Commr. Stewart informed those
present that
Commr. Renick commented that she knows the seriousness of hydrilla and what it can do to a lake, in that she lived on an enormous lake in Texas that was totally choked off by hydrilla, which has since been alleviated of the problem, but she does not feel there is a threat of that happening to Lake Gertrude, due to it being opened up to canoeing and kayaking, noting that the lake she lived on in Texas was contaminated by hydrilla that was brought in on boat propellers and trailers. She stated that any lake would be more pristine, if no boat traffic was allowed on them, but that is not how lakes are set up. She noted that she would be supporting the Ordinance.
Commr. Hill discussed a concern she had about opening the park and the lake up to canoeing and kayaking, noting that she feels the consequences of that decision will be that the County will need to do something to the park, in that it will not stay the way it currently is and the pathway will not be adequate enough, and to what extent that will be is where her concern comes into play.
Commr. Renick disagreed, noting that she does not feel the park should be changed at all, or that the County should in any way encourage more use of it. She stated that she is not interested in making it more accessible than it already is.
A motion was made by Commr. Stewart
and seconded by Commr. Renick to approve Ordinance No. 2008-29, regarding
Under discussion, Commr. Renick questioned whether the proposed change would obligate the County in any way to change the access to the lake, noting that she was not interested in changing the park or the pathway in any way, to which Mr. Sandy Minkoff, County Attorney, responded that the County will have to file any necessary paperwork with the Department of Environmental Protection (DEP), to allow the use, but that approval of the Ordinance would not require a change to the facility.
Commr. Hill stated that she would prefer to wait until the Board has more information on the matter, before approving the Ordinance.
Commr. Stewart suggested amending the motion, to approve the request, based on the DEP approving a permit, if it is needed.
The Vice Chairman called for a vote on the motion, which was carried, by a 2-1 vote.
Commr. Hill voted “No”.
OTHER BUSINESS
APPOINTMENT TO
COMMITTEE
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 3-0 vote, the Board appointed Ms. Lisa Yonke to a vacant position on the Mt. Plymouth-Sorrento Planning Advisory Committee, to complete a term ending February 26, 2010.
APPOINTMENT TO
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board appointed Ms. Jeanne Etter to the Public Land Acquisition Advisory Council (PLAAC), to complete an unexpired term ending October 1, 2010.
REPORTS –
Mr. Sandy Minkoff,
REPORTS –
SAFETY
Ms. Cindy Hall,
It was noted that the Board would be
available to attend said
REPORTS – COMMISSIONER RENICK – DISTRICT 2
FIRE PROTECTION INVOLVING THE
CITY OF
Commr. Renick requested the Board’s
direction, with regard to an ongoing problem with some areas in the City of
Ms. Cindy Hall,
Staff was directed to ask the City
of
REPORTS – COMMISSIONER STEWART –
DISTRICT 4
SENTIMENT OF THANKS
Commr. Stewart stated that she and her husband would like to thank everybody for their prayers and condolences, in the death of her husband’s mother, noting that they were really appreciated and it meant a lot to them.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board and thanked Mr. Tony Carpenter, Emergency Services; Mr. John Walton, a volunteer for the County; and Ms. Betty Cunningham, from The Villages, for doing a great job. He complimented Officer Robert Mosley, with the Lake County Sheriff’s Department, for responding in the manner that he did, with regard to a complaint about some trash that was scattered in front of a home in the northeast area of the County, noting that Officer Mosley swept up the trash himself. He discussed the need for food banks and the fact that he feels one should be established in every home in the County. He stated that, when one purchases their groceries each week, if they can afford it, they should purchase some additional groceries for a neighbor in need.
Commr. Stewart concurred with Mr.
Hunter’s comments, stating that the food bank in
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Ms. Lynn Hoehn, a resident of the
Montverde Mobile Home Subdivision, addressed the Board stating that recently some
barricades were placed between their subdivision and the Town of
Ms. Barbara Martin, a former resident of the Montverde Mobile Home Subdivision, addressed the Board stating that she was very familiar with the plats and maps of Montverde and that use of the road in question has been uninterrupted for over 20 years. She stated that she made several calls to the Public Works Department and spoke personally with the Mayor of Montverde, who, in her opinion, feels it is his road and that he will do what he wants. She stated that he sent the subdivision a certified letter, giving them one day’s notice, when he put the blockade up, which has caused a problem for emergency vehicles accessing the subdivision. She stated that a number of town residents were upset about the blockade as well and the fact that they were never given the opportunity to comment about it. She noted that, originally, the road was to be blocked off to allow for some repairs to it, but, in talking to the Mayor, she discovered that no date has been set for the construction and that he has not even bid the project out.
Petitions, containing approximately 300 signatures of individuals who are opposed to the blockade, were submitted, for the record.
The Board was informed that this issue is on the next Montverde City Council Meeting and that the Mayor has indicated that he does not know what he is going to do about the road, but that he had received 58 petitions to close it.
It was noted that staff is investigating the matter and hopes to bring the Board a report at the next Board Meeting.
RECESS AND REASSEMBLY
At 12:15 p.m., the Vice Chairman announced that the Board would recess until 1:00 p.m. for the Green Workshop.
The Vice Chairman reconvened the meeting and noted a correction that needed to be made in the County Manager’s Consent Agenda, Tab 11, regarding approval of a Resolution appointing the current Affordable Housing Advisory Committee members, noting that the term of one of the members of the Committee, Mr. George Rada, was due to expire in 2009, rather than in 2008, as indicated in the Consent Agenda item.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved said change.
GREEN WORKSHOP
Ms. Cindy Hall, County Manager, informed the Board that the purpose of this workshop was to allow the Board to hear about some new things that are going on, with regard to “green” issues, and that the County’s Green Team would be talking about what they have been doing so far and discuss some ideas that they have for the future.
Heritage Green
Mr. Alex Kane, Vice President of
Development for Heritage Green, a land development company that is focused on
green and sustainable practices, addressed the Board stating that he was
brought to the
Eco-Evaluation
Protection of “Green” Assets
High-grade wetlands
Gopher tortoise habitat
Eco reclamation
Pre-development hydrologic regime
Preservation of Trees and Topography
Designed to preserve thousands of trees
Minimization of grading
Preserving the Tree Canopy
From Concept to Reality
Maintaining Natural Drainage Flow Paths
A clear move away from traditional one dwelling unit per five acre development sites that are platted with no open space
Requiring substantial open space in all projects
Reduces stormwater pipes, curbs, and gutters
Vegetated Swales and
Vegetative uptake of pollutants provides thorough treatment of stormwater
Reduction of peak discharge rate
Used
for point and non-point pollution sources:
stormwater treatment and conveyance (non-point) and stormwater runoff
from homes (point)
Solar Orientation of Homes
Deciduous trees: Shade in the Summer; Heat in the Winter
Dark Sky Lighting
Glare
Light trespass
Over illumination
Sky glow
Low Impact Development Implementation
Commr. Renick questioned how the
County would go about getting the word across to developers that, in the long
run, developments such as
Mr. Kane stated that it would be purely time and having the latitude to introduce new technologies, which he elaborated on. He stated that the County’s rules give them their product, noting that what the County has is a reflection of its product, so what the County has got to do is incentivize developers to go above that and question what it will take for them to do it. He stated that all parties have got to come together.
It was noted that a lot of these things could be addressed by the County redoing its Land Development Regulations.
Commr. Stewart informed the Board
that she had toured the proposed
Resource Recovery, Inc.
Mr. Jim Schultz, Founder of Resource
Recovery, Inc., addressed the Board stating that his company installs rainwater
harvesting systems, at which time he gave a power point presentation entitled
Advanced Water Conservation for
Mr. Schultz stated that groundwater
availability has been taken for granted for a great many years, with depletion
being the resulting factor. Concentrate
in heavily developed regions are feeling the serious effects that have been
brought to the surface. Although many
products and processes have been employed, in an effort to conserve the once
abundantly available groundwater supplies, the concept of collecting rainwater
for various uses later has been largely overlooked. He stated that technology has introduced
numerous methods for the storage of water that meet specific site criteria,
noting that large multi-chambered reservoirs can be placed under parking areas,
thoroughfares, and structures, while remaining hidden from view. Polyethylene tanks are produced for above or
below ground applications and are generally considered for residential or small
commercial projects. Few, if any,
projects exist where some sort of a cistern reservoir cannot be applied. While it is generally accepted that larger
reservoir space adds to overall efficiency, site space remains a consideration
in all proposed projects. He displayed
photographs showing various applications that are used universally, such as a
concrete underground cistern; a rain barrel; a polyethylene above ground
cistern; and below ground cisterns. He
stated that careful planning at the front end of a proposed project is
essential for a successful installation and it is essential that key personnel
from cistern, irrigation, and landscape groups coordinate their timing and
finishing schedules. He displayed
photographs of a project that utilized water for irrigation that came from
sanitary waste, HVAC condensate, potable back-flush, and rainwater collection
systems. He stated that, although
rainwater harvesting systems can be applied to existing structures, there are
many considerations that can arise that can lead to extended costs. In Lake County, there is an estimated 629,440
square feet of roof area that is actually owned by the County and, if these
structures were to include rainwater harvesting systems, over 18 million
gallons of water could be captured annually, given average rainfall
totals. If utilized on a development
scale of approximately 100 homes, with 3,000 square feet of roof area each, it
would have the potential of collecting 8,640,000 gallons annually. He stated that well planned landscapes that
appear to be sparse at the start can grow into attractive scenes that will
require little irrigation after establishment, compared to traditional
landscapes. Select native plants should
make up the bulk of what is utilized and should be situated, in accordance to
an advanced well-planned irrigation system.
Areas normally left to turf can also be planted, with little burden to
water efficiency. Carefully selected
turf, such as a drought tolerant variety, round out what is a very water
efficient landscape, while maintaining appearances preferred by both homeowners
and homeowners associations. A clean,
beautiful, and environmentally responsible landscape within
Mr. Schultz informed the Board that a recent campaign kicked off by the St. Johns River Water Management District emphasizes the need for more comprehensive water conservation methods, noting that a statement within the campaign spelled out the needs, indicating that even with conservation all future water supplies within the SJRWMD will not be able to be met on groundwater alone. Alternative water sources will need to be developed and alternative management strategies will need to be implemented. He stated that one of the most important ways to help meet our water supplies for today and in the future is through conservation - the efficient and effective use of water. He commented that there are now proposals for alternative water supplies that have targeted the St. Johns and Ocklawaha Rivers, for a combined average daily withdrawal of 69 million gallons and up, with some figures going as high as 250 million gallons daily, and it is safe to say that that large of a withdrawal will have a negative impact on the lower St. Johns River and the Ocklawaha River’s water supplies’ eco-systems and natural habitats. He questioned, with surface waters already at near record or record lows, whether the County should cast that burden on them, as well. He stated that the judicial system will be burdened with this question and the opposition will be huge, causing a time consuming battle that will not satisfy our thirst. He quoted Albert Einstein, stating “Problems cannot be solved by the same level of thinking that created them.” and questioned whether the County should be thinking outside the box. He stated that components for the future of advanced water conservation should include the following:
Mr. Schultz stated that the
enforcement of district water management regulations also needs to be addressed
and can be summed up as site water management.
He stated that the
Commr. Renick stated that, when the issue of LEED certification was discussed at a prior Board Meeting, one of the things the County was talking about exempting was water conservation efforts and the Board indicated that was not something they wanted to skimp on and wanted to make sure that Mr. Jim Bannon, Director of Capital Construction, Facilities Development and Management, understood that the County could hardly expect everyone else to conserve and then not conserve itself. She stated that she would like for Mr. Schultz to reiterate that to Mr. Bannon and see where the County is, as far as its facilities and water conservation efforts are concerned. She stated that she feels the Board has made it very clear that water is a priority for them.
Lake County’s Green Team
Ms. Amye King, Growth Management Director, addressed the Board to give a brief presentation about a new countywide endeavor to help bring county government and the community to the forefront of conservation awareness and practices, at which time she discussed the history of The Green Team, noting that, on February 6, 2008, the County Manager announced the creation of a long lasting dedicated team of various environmental experts, called The Green Team, which consists of 13 employees from a variety of county departments. She stated that they recently adopted the Department of Health, as well, who has their own green initiatives and wanted to partner with the County, so that they could all come together. She commented that they determined, as a team, if the County was going to promote conservation and preservation tips to the citizens, they felt it would be best if they first set an example, by making sure all county employees were implementing these green initiatives into their lives. To begin this task, the team promoted adding a Green Tip to the County Employee Newsletter and they also conducted an Earth Day Challenge outside the Board’s chambers on Earth Day and asked county employees and citizens to commit to a greener lifestyle. She stated that the County is currently in the process of doing fact finding, researching, and building a foundation of how it is handling things at the present time and have found that there are a lot of green initiatives happening, but they are not all aware of them. She stated that they are preparing a report, so that they can see what they are already doing, with regard to fuel reduction, water conservation, and other environmental measures, and they have heard a presentation from Covanta and their waste-to-energy facility and expect to share more speakers, as time goes by, but an idea that is actually coming to fruition is a county web page that will highlight environmental tips and current and future green initiatives, and they have agenda items which include fuel conservation, water quality and quantity, which also includes a discussion of recent fertilizer initiatives, and the review of a proposed Green Building Ordinance, of which staff is currently debating some of the issues associated with it. She noted that there is a clause in it for fast tracking green building. She stated that staff would like to plan a Green Fair, to be held some time during the Summer or early Fall, and would like to solicit sponsorships, to cover the cost of supplies and lunch, which would enable them to bring in as many people as possible from the public and private sector, as well as citizens, at which time she requested the Board’s permission to do so. She indicated that they would also like to hand out “green” bags at the fair, which are reusable, recyclable grocery bags. She then introduced the members of The Green Team, who were present in the audience.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved to place said item on the agenda.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board approved staff’s recommendation that a Green Fair be held some time during the Summer or early Fall, in order to help educate the general public about green issues.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 3-0 vote, the Board authorized staff to solicit sponsorship for the Green Fair, to cover the cost of supplies and lunch, in that they would like to bring in as many people as possible from the public and private sector, as well as citizens, and to cover the cost of “green” recyclable grocery bags, which staff would like to distribute at the Fair.
Commr. Renick commented that she was not finding fault with the Green Tips, or the Earth Day Challenge, etc, however, noted that she does not want what The Green Team does, or what the County does, to be just about “feel good” things. She stated that they are important and will get information out, which is great, but the County knows where it is and where it wants to be and is going to need The Green Team to help them get there. She stated that, if The Green Team could give the Board very specific recommendations to help get the County where it wants and needs to be, they would be very appreciative.
Ms. Cindy Hall,
REPORTS – COMMISSIONER HILL –VICE
CHAIRMAN AND DISTRICT 1
Commr. Hill informed the Board that the St. Johns River Water Management District (SJRWMD) has asked that every county look at their conservation measures, with regard to water issues, and has put together a paper that they would like the counties to incorporate, regarding landscaping irrigation and conservation measures for both residential and commercial use.
Mr. Gregg Welstead, Director of Conservation and Compliance, addressed the Board stating that the SJRWMD is proposing a rule change to the Florida Administrative Code that addresses all irrigation in the District. He stated that they are talking about limiting watering during daylight savings time to twice per week and only once per week during non-daylight savings time. He noted that there are a number of public hearings scheduled on the matter and that he feels those rules will be put in place.
The
Commr. Hill stated that she feels the SJRWMD wants the counties to locally enact conservation measures, because they will have to handle the enforcement of them. She stated that it appears to her that they are encouraging the local governments to enact and enforce those measures prior to holding public hearings and that she did not feel it should happen in that order - that public hearings should be held first.
Mr. Welstead interjected that some of the things that are addressed in those measures have already been addressed in the County’s draft Landscape Ordinance, which will be coming before the Board in the near future. He stated that he felt the real issue was the frequency of watering.
Commr. Hill commented that one of her problems with it is details, noting that she would like for the SJRWMD’s definitions and the County’s definitions to be the same and one of those definitions is reclaimed water and what they claim as reclaimed water, versus what the County is considering it to be. She stated that the County’s definition may or may not include drawing from the lakes and rivers, where their definition may include it.
Commr. Renick interjected that she did not think their definition considered it as reclaimed water.
Mr. Welstead stated that, when it is adopted, the Board will get a follow-up ordinance that enacts those sorts of things, noting that he knows some of the cities have an issue with what reclaimed water is in their definitions and he wants to make sure that it is clarified.
Commr. Hill informed the Board that she just wants to make sure that, if everybody is going to enact this Ordinance, all the definitions are the same and that everybody is clear on them.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:25 p.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK