A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

september 27, 2011

The Lake County Board of County Commissioners met in regular session on Tuesday, September 27, 2011 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were:  Jennifer Hill, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell.  Others present were:  Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Shannon Treen, Deputy Clerk.

invocation and pledge

Pastor Randy Ford from the Whitney Baptist Church gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. Sandy Minkoff, County Attorney, requested to move Addendum 1-IB and Tab 8 from the County Attorney’s Consent Agenda to his Business.

Commr. Campione asked to add a discussion about an issue that had arose in the Sorrento area under her Business, but to move it after the World Rabies Day Proclamation presentation.

Commr. Cadwell asked to add a discussion about property for sale adjacent to County owned parks under his Business.

On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board moved to add the Sorrento issue discussion to the agenda.

On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board moved to add the park property discussion to the agenda.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 7, as follows:

Community Services

Request for approval to write-off bad debt consisting of three Housing Assistance payments totaling $1,437.00.

Request for approval of a Budget Change Request transferring funds from Grants and Aids to Capital Outlay for Sorrento Park Renovations, which is totally funded by the Community Development Block Grant (CDBG). The fiscal impact is $28,200.00.

Employee Services

Request for approval of the County's updated Section 125 Flexible Spending Account (Cafeteria Plan) document.  Resolution No. 2011-144.

Public Safety

Request for approval to execute the second disbursement of the Florida Department of Health and Emergency Medical Services Grant and to receive and provide appropriations for the grant disbursement.

Request for approval for Department of Public Safety Fire Rescue Division to transfer funds from County Fire Fund/Buildings to County Fire Fund/Machinery & Equipment to properly account for the acquisition of required radio communications equipment. Fiscal impact: $48,500.00.

Public Works

Request for authorization to accept a Warranty Bond in the amount of $25,000.00, and execute an Agreement Between D.A.B. Constructors, Inc. and Lake County Regarding Alco Road Resurfacing Project. Alco Road is in Commission District 5. There is no fiscal impact.

Request for approval and execution of the attached interlocal between Lake County and the City of Clermont for traffic sign maintenance and emergency repairs. The fiscal impact is $43,000.00 annually.

county attorney’s consent agenda

On a motion by Commr. Campione, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Addendum 1-IA, pulling Tab 8 and Addendum 1-IB and moving them to the County Attorney’s Business, as follows:

Request for approval of Second Amendment to Lease Between The Villages Operating Company and Lake County regarding office space for the Tax Collector’s Office (Fiscal Impact $33,172).

presentation

world rabies day proclamation

Mr. Gregg Welstead, Conservation and Compliance Director, stated that the County renewed a memorandum of understanding several months ago between the Animal Services Department and the Department of Health to cooperate in rabies prevention efforts throughout the County.  He noted that since tomorrow is World Rabies Day, he invited Dr. Claude Jones, Medical Executive Director of the Health Department, to make a presentation since there were many misconceptions about rabies.

Dr. Jones described rabies as a deadly disease caused by a virus that attacks the nervous system and is secreted in saliva and transmitted to people and animals by a bite from an infected animal.  He noted that rabies could be transmitted through contact of an open cut on the skin or through mucous membranes, such as the eyes, nose or mouth.  He added that once a mammal is bitten by a rabid animal, the virus would spread through the nerves into the spinal cord and the brain and would incubate in the mammal’s body for approximately three to twelve weeks.  He explained that the animal would die within seven days once it began to show symptoms, which includes aggression, excessive drooling and seizures.  He noted that rabid wild animals may only display symptoms such as depression or self mutilation.  He mentioned that raccoons were the most frequently reported rabid wildlife species and cats had become the most common domestic animal infected with rabies.  He explained that the human symptoms of rabies included fever, headache and general weakness, which would progress to cerebral dysfunction, anxiety and confusion.  He described the treatment for rabies stating that a patient would receive rabies immunoglobulin, which would help the body to start making antibodies, and that would be applied directly into the wounds.  He noted that the rabies vaccine, which was given in four doses, would be administered next if the patient was not already vaccinated.  He explained that the Lake County Department of Health worked with internal and external agencies to disseminate information regarding rabies bite reports, adding that once a bite report was received, the appropriate agencies would be contacted, the animal would be identified and quarantined, the exposed individual would be contacted for treatment and rabies advisories and alerts would be issued.  He related that a veterinarian should be consulted immediately if a pet was bitten and should be revaccinated even if they had a current vaccination.  He mentioned that it was urgent for humans to seek medical care if they were bitten and all bites should be reported to the local animal control.

Commr. Hill mentioned that the Board had approved Proclamation No. 2011-140 regarding World Rabies Day and Mr. Welstead presented the Proclamation to Dr. Jones.

village for sex offenders in sorrento

Commr. Campione mentioned that she had received many phone calls and emails regarding the issue that was recently in the media about an individual who wanted to locate a village for sex offenders in the Sorrento area.  She clarified that the issue had not been brought before the Board nor had the Board approved anything relating to it.  She suggested that they be proactive and increase the current distance requirement of 1,000 feet for sex offenders living near schools, parks and churches.

Commr. Conner stated that he preferred that those types of villages be completely banned but if not, he would like to impose the greatest restrictions as legally possible.

Mr. Minkoff mentioned that he had been investigating as to whether other jurisdictions had adopted ordinances to ban those villages and found that most jurisdictions used the distance requirements for enforcement.

Commr. Hill asked if the State had raised the distance requirement to 2,500 feet.

Mr. Minkoff replied that the current State law was 1,000 feet, but many cities in Lake County had increased the requirement to 2,500 feet.  He added that the cities’ ordinances also included bus stops which were not included in the statute.  He opined that he was comfortable supporting the 2,500 foot distance requirement since the district court upheld that distance in Dade County last year.

Commr. Campione commented that she was in favor of increasing the distance even further and to see if the court would uphold that.  She related that safety was the number one issue but the residents were also concerned about what that kind of community would do to their property values.

On a motion by Commr. Campione, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved for the County Attorney to draft an ordinance that would impose a 2,500 foot distance requirement for sex offenders and to also research whether additional protections could be made in regards to those types of communities.

public hearings

vacation petition no. 1170 – eustis

Mr. Jim Stivender, Public Works Director, stated that an existing drainage easement on a house needed to be vacated because there had been drainage problems since the house was built.  He added that a replacement easement was on the north side of the property and that the easement would be moved to that location.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Campione, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 1170 to vacate a drainage easement in the Eustis area and Resolution No. 2011-145.

vacation petition no. 1169 – Umatilla

Mr. Stivender mentioned that there were still easements crossing the Umatilla Airport that had been in place for a long time.  He added that resolving the issue was part of the Interlocal Service Boundary Agreement (ISBA) and they also wanted to clear up the title.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 1169 to vacate portions of Skyline Drive right of way lying within the City Airport landing strip and Resolution No. 2011-146.

public hearings: rezoning

rezoning consent agenda

rezoning case PH #15-11-3 – highway 561-BLR Property

Mr. Brian Sheahan, Planning and Community Design Director, stated that Mr. George Kramer, the applicant, made a request for a continuance less than 10 days before the public hearing.  He added that Mr. Kramer would like to address some boundary issues with an adjoining neighbor and that staff supported his request.

The Chairman opened the public hearing regarding the continuance.

There being no one who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved for the continuance of rezoning case PH #15-11-3.

rezoning regular agenda

rezoning case ph #14-11-3 – dewey robbins road, llc

Ms. Jennifer Cotch, Environmental Specialist, explained that Mr. George Kramer applied to rezone 203 acres from agriculture to planned unit development (PUD) located south of Howey-in-the-Hills on the northeast corner of Dewey Robbins Road and Turkey Lake Road.  She added that he would like to construct a subdivision for 40 single family homes that would allow non-intensive agricultural uses.  She noted that the future land use was rural and the property was located in the Howey-in-the-Hills joint planning area (JPA), however; central water and sewer was not intended or required for areas designated as rural.  She related that the School Board stated that the surrounding schools would not be adversely affected by the proposed rezoning or the projected five year capacity and that Public Works indicated that the level of service of Dewey Robbins Road was under capacity, but a traffic study would be required before the development plan was approved.  She noted that the property was surrounded by large track residential properties and active agricultural uses and that the request was consistent with the future land use map and with the Land Development Regulations.  She mentioned that the Zoning Board recommended approval.

Commr. Campione asked if the roads would be paved.

Ms. Cotch answered that Dewey Robbins Road was paved and that the roads inside the subdivision would be paved to County standards.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Conner, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2011-53 and PH #14-11-3 from Dewey Robbins Road, LLC and George Kramer with AECOM to rezone approximately 200 acres from Agriculture (A) to Planned Unit Development (PUD) to provide a rural residential subdivision at a density of one dwelling unit per five acres.

rezoning case cup #10/4/2-3 – dr. chon springwater project

Mr. Sheahan stated that the Board would first be asked to consider the request to hear the case based on the doctrine of Res Judicata and the case would be closed if the Board decided that Res Judicata applied.  He added that if the Board decided that Res Judicata did not apply, the case could be heard that day or it could be remanded back to the Zoning Board.

Mr. Rick Hartenstein, Senior Planner, explained that the request from Hang Ju and Yuon Sup Chon was for a conditional use permit (CUP) within the agricultural zoning district to extract an average of 100,000 gallons of water per day from an existing four inch well and to transport the water to an off-site bottled water processing facility.  He stated that Chapter 14.00.09 of the Land Development Regulations (LDR’s) provided guidance of the doctrine of Res Judicata to assist the County in evaluating applications that had been previously decided and noted that one of the requirements stated that the Board should not hear the case if the application had no substantial changes in circumstances from the previous CUP request.  He then summarized the history of the first three CUP requests stating that the applicant applied in 1995, 1998 and 1999 to withdraw water to transport to a water bottling facility and noted that the Board denied each request due to inconsistencies with the 1992 Comprehensive Plan because it was not an agricultural use, a minor or major utility and it was not compatible with the surrounding area.  He added that each case was appealed to the Fifth Judicial Circuit Court where the judge upheld the Board’s decision and the cases were dismissed.  He commented that the current case was similar except the applicants were asking for an extraction of 100,000 gallons of water per day on six acres.  He reiterated that the LDR’s specifically stated that the application should not be heard based on the doctrine of Res Judicata since there were no substantial changes in circumstances between the original denied application and the subsequent application and added that staff was recommending that the case not be heard based on that doctrine.

Commr. Hill asked if the request was consistent with the new 2030 Comprehensive Plan.

Mr. Hartenstein stated that there were several inconsistencies with the 2030 plan.

Commr. Parks asked whether increasing the amount of water withdrawal would be considered a substantial change.

Mr. Hartenstein remarked that would be the Board’s decision; however, staff felt that since the previous applications were denied at 25,000 and 50,000 gallons then 100,000 gallons would not be approved.  He added that the applicants had submitted a report in the 1990’s showing that the water withdrawal would not impact water resources within one year of the project, but the report did not show the long term effects it would have.

Commr. Parks asked if the applicants had submitted a new report with the current application.

Mr. Hartenstein responded that additional information had not been submitted.  He noted that two issues may be discussed that day which included the Niagara case and comments that the applicants had a permit from St. Johns River Water Management District and explained that the Niagara case was not a zoning issue and that it was a challenge to a consumptive use permit through the St. Johns River Water Management District.  He added that because the applicants were under the 100,000 gallons of water per day threshold, they were exempted from review for a consumptive use permit.

Mr. Tony Cotter with Gray-Robinson, the applicant’s representative, explained that the ordinance relating to section 14 of the LDR’s was adopted in 2002 and it never addressed whether the ordinance was supposed to be retroactive to the decisions made prior to that.  He stated that the ordinance affected his client’s substantial rights to apply and have his application heard before the Zoning Board and the Board, noting that they were denied the opportunity to present their case because the Zoning Board would only hear the issue of Res Judicata.  He pointed out that the ordinance stated that the change in circumstances did not have to be zoning related and the Supreme Court advised to be cautious when applying Res Judicata to zoning cases because not only the application, but the community could change as well.  He mentioned that the increased water withdrawal was considered a substantial change, as well as the fact that the Chon’s were granted a permit to withdraw 100,000 gallons of water per day by the Water Management District.  He related that one of the issues with the Niagara case was whether the removal of bottled water from the County constituted an inter-district transfer of water and the final order of the Water Management District found it was not and pointed out that Dr. Chon’s application was similar because he would not be transferring water out of the County or the district.

The Chairman opened the public hearing.

Ms. Linda Wentworth, a resident of Montverde, expressed her concerns with the case and the fact that it was brought before the Board again.  She noted that the project would endanger the water supply at a faster rate than expected and the tax base and home values would decrease even further when sinkholes started opening up and water would have to be shipped in from out of the County.  She opined that the Board should not allow those kinds of permits.

Ms. Cindy Moliter, whose property is adjacent to Dr. Chon’s, spoke in opposition to the project because of the impacts it would have to their peaceful, serene property that they enjoyed.

Ms. Sharon Torres, who lives next to Dr. Chon, mentioned that she spoke at the Zoning Board in regards to the issue of Res Judicata and still supported her statements.

Mr. Miguel Torres, who lives next to Dr. Chon, expressed his concerns about the traffic problems that would be created from the additional trucks transporting the water.

There being no one else who wished to address the Board, the Chairman closed the public hearing.

Commr. Conner asked whether the decision to not hear the case based on Res Judicata was a legally defensible position.

Mr. Minkoff replied “yes.”

Commr. Campione suggested that they review the case so that they could determine whether bottling water was an acceptable use for agricultural zoning, in case other property owners attempted to file the same permits in the future.  She also mentioned that it may be beneficial to hear the case and make a decision that day in case the applicants appealed the decision of Res Judicata and won.

Mr. Minkoff stated that the Board denied two of the earlier cases because it was determined that bottling water was not an agricultural use, adding that the LDR’s had not changed since then.

Commr. Campione asked whether the statements regarding the Niagara case about the inter-district transfer of water were accurate.

Mr. Minkoff concurred that the Board had little regulation over water uses and that it would not be valid grounds to deny someone a zoning use.

On a motion by Commr. Conner, seconded by Commr. Cadwell, and carried unanimously by a 5-0 vote, the Board approved that the case not be heard based on the doctrine of Res Judicata.

lake county employment policies manual

Ms. Susan Irby, Employee Services Director, stated that she would give a presentation and discuss the proposed employment policies manual.  She explained that the manual set forth the employer’s policies, guidelines and expectations for all employees and that the manual was created to combine current policies that had been in place since 1999 and numerous standalone policies that had been approved by the Board.  She added that the manual also reflected legislation changes as well as recommended changes from the Clerk’s Office Internal Audit Department.  She related that the Internal Audit Department audited the Employee Services Department in 2009 and recommended having an employee handbook and to ensure that all job descriptions were consistent and up-to-date, as well as to develop a continuity operations plan in case the department experienced an emergency and to ensure that all personnel files were organized and secure.  She then discussed the policy changes noting that the administrative leave section was updated to clearly define it and to specify who could authorize it explaining that administrative leave was only used in times of emergencies, severe discipline or special occasions and that it could only be authorized by the County Manager.  She added that the bereavement leave section was updated to state that employees experiencing a death in the family would receive two days of leave if they remained in the State and three days of leave if they left the State.  She noted that the leave of absence policy was updated to allow six months of leave for employees who were unable to return to work after being on family medical leave or having experienced an event that did not qualify as family medical leave and that the leave would be approved in 30 day increments and would run concurrent with any accruals.  She pointed out that the leave accruals policy was updated to reflect that the payout of leave accruals would be held until an employee returned County property or equipment and payouts would be denied for serious misconduct.  She then discussed the legislative updates adding that the work hours and overtime policy was updated to include a section for providing an on-site facility for lactating mothers and that additional wording was added to the workplace violence policy.  She stated that the family and medical leave act policy was changed since it now allowed for family members of active duty members or reservists time off to prepare for when a family member was leaving for active duty as well as caring for them after having an injury or illness.  She related that the military leave policy allowed employees to receive 240 hours of leave if they had to leave for training and 30 days of pay for active duty employees.  She explained that the manual would be available online and would be in print for all employees within 60 days and that they were recommending the manual be approved for October 1, 2011.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2011-147 adopting the Lake County Employment Policies Manual effective October 1, 2011.

lake county central phase ii landfill closure

Mr. Stivender explained that they were recommending approval for a contract with HDR, Inc., the engineering consultants, to design a cap over the landfill at the Astatula cell.  He noted that the cell had been in place since 1991 and they were in the final stages of preparing the site for the cap.  He added that the leachate disposal would decline once the cap was on and they would have a substantial savings as well.  He stated that they had funds available for the closure, the design and the cap construction, but they were still unsure what the cost of the inspection services would be until they went through the permit process and got the final closure.  He mentioned that there was a stop measure in the contract to identify the cost of the second phase once it was designed and permitted.

On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved the task order to HDR, Inc. to prepare and submit FDEP closure permit application and construction design, and provide assistance during bid and construction phases, for closure of the Lake County Central Phase II Landfill.

recess and reassembly

The Chairman announced that there would be a fifteen-minute recess at 10:40 a.m.

discussion of mascotte landfill (heron’s glen pud)

Commr. Parks stated that he would recuse himself from the discussion and any decision that may be made since he had been the Town Planner for the City of Mascotte within the past year.

Mr. Sheahan explained that staff visited the City of Mascotte to view the pending application for the Heron’s Glen Planned Unit Development (PUD) amendment to the existing PUD on the property stating that the subject of the amendment was the class 1 landfill.  He noted that the total area of the PUD was 246 acres with 93 acres being wetlands and that the class 1 landfill would be on 109 acres.  He added that 15 acres would include 140 residential lots and there would also be three sports fields on 29 acres.

Commr. Cadwell asked if Public Works had looked at the road network.

Mr. Sheahan responded “yes,” adding that staff had some concerns regarding the access through Smith Road.  He noted that additional right of way would be required to make that conducive with the proposed uses.

Commr. Cadwell asked how many trips were projected for CR 33.

Mr. Sheahan commented that they did not have the information at that time.

Commr. Cadwell mentioned that the County was responsible for the road network so they should be involved with those discussions.

Mr. Stephen Elmore, Mascotte City Council Member, addressed the Board stating that Mascotte was $5 million in debt and they were heavily residential with almost no business tax base.  He noted that the County reduced their city’s fire funding and planned to eliminate it completely next year and they have had the largest decrease in property values in the County.  He added that the Mascotte City Council recently voted to double the water bill for citizens and approved the increase of the millage rate to the State allowed maximum.  He expressed that their city was in a crisis and he wanted to help make them a success story rather than a statistic.

Mr. Tony Rosado, Mascotte City Council Member, explained that he wanted to clarify the statements made regarding the legality of their meetings, adding that he would be the first to address it if he felt a meeting was illegal.  He also mentioned that he had been going to economic development meetings to try to bring some revenue to Mascotte and felt that no one was concerned about their city until the landfill issue came up.  He added that the County had not done enough to assist them in creating a plan to help save Mascotte.

Mr. Feliciano Ramirez, a resident of Mascotte, spoke in opposition to the landfill and mentioned that he had been researching the impacts of landfills for over ten years.  He expressed that landfills posed a threat to the residents because of the increased traffic, the pollution and the decreased home values, adding that there would eventually be leachate pollution in the ground water and waste would be deposited in adjacent properties.  He stated that the landfill would create an environmental injustice to minority communities such as Mascotte and there were a significant number of residents in Mascotte that opposed it.

A doctor from Orlando and property owner in Mascotte, expressed that putting in a landfill in an already approved residential development was not the best thing for Mascotte.  He added that the city was trying to increase their revenues but the landfill would harm the city in the future.

Mr. Thomas Moran, Attorney representing the doctor from Orlando, stated that the City of Mascotte was pushing the ordinance for the landfill through fairly quickly and that the citizens had not even had a chance to read it.  He added that four of the council members were up for re-election within two weeks and opined that the City was abusing the process of dealing fairly with the citizens.  He encouraged the Board to take any necessary action to intervene.

Commr. Conner asked if the proposed landfill met the County’s comp plan.

Mr. Sheahan replied that the comp plan would not be applicable and explained that the County’s comp plan stated that a landfill was its own use; however, the City of Mascotte interpreted their code as a landfill was a compatible public facility to any other use.

Commr. Cadwell remarked that the County had always helped Mascotte but since they declared home rule they were responsible for their financial position.

Commr. Conner opined that the City of Mascotte should slow down with their decision regarding the landfill and possibly look at other alternatives.  He added that the proposed landfill would impact the entire County so the City should create a plan for implementing it if they desired to proceed.  He expressed that the Board should become involved with the decision and hopefully not be in support of it at that time.

Commr. Campione commented that the landfill was not a solution to Mascotte’s financial problems and it would not help make Mascotte a success.  She related that many residents were concerned about the impacts the landfill would have on their property values, the roads and their quality of life.  She added that the County worked hard on getting the enterprise zone legislation in place for that area and branding Mascotte as a landfill community would not turn that community around or bring businesses to the area.  She suggested that the County work with Mascotte to help bridge their financial situation to get through the next few years.

On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a 4-0 vote by those present (Commr. Parks was not present for the vote), the Board approved for the Chairman to send a letter on behalf of the Commission to the City of Mascotte asking them to not approve the landfill and if they were inclined to approve it, then to postpone that decision.  The letter would also extend the opportunity for the Board to meet with Mascotte to help them bridge their financial situation.

agreements with lake emergency medical services

Mr. Minkoff stated that the ambulance services would switch from Lake Sumter Emergency Medical Services to Lake Emergency Medical Services (EMS) on September 30 and that there was an agreement between Lake EMS and Lake County for dispatch services.  He added that all of the cities in Lake County had entered into the same agreement of having Lake EMS dispatch for their fire departments.  He mentioned that there was also an agreement with Lake EMS to support the County in the advanced life support (ALS) services and explained that they would work together to provide ALS services in the unincorporated County and that County employees would work under the direction of the medical director.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved the Agreement between Lake Emergency Medical Services (LEMS) and Lake County relating to Dispatch Services and the Interlocal Agreement between Lake County and Lake Emergency Medical Services pertaining to Advanced Life Support Services.

agreements with sumter county

Mr. Minkoff noted that there was a separation agreement with Sumter County for Lake County to assume all of the assets and the liabilities associated with those and Sumter County would take $1.5 million in cash.  He opined that it was a favorable settlement.  He related that there was also an agreement with Sumter County for the use of the backbone of the radio system to communicate with The Villages fire department and with Lake EMS dispatch as The Villages fire department did not have radio communication with the contractor providing ambulances in Sumter County.  He added that the agreement specifically stated that they could use the radio system for one year for an approximate cost of $34,000 only when Lake EMS and The Villages were involved with dispatch.

Commr. Cadwell asked if the agreement was only for The Villages related calls.

Mr. Minkoff clarified that it was for The Villages as well as when Sumter County fire and Lake County fire were working mutual aid together.  He commented that the agreement was not the optimal long term solution, but he recommended it for the first year to make sure there were no gaps in service for that area.  He added that both of those agreements should be reviewed in February and brought to the Lake EMS Board to decide whether or not to continue them.

On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a 5-0 vote, the Board approved the Termination Agreement between Lake County and Sumter County relating to Lake-Sumter Emergency Medical Services, Inc. and the Interlocal Agreement between Lake County and Sumter County for county-wide communications system.

REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1

central florida workforce investment consortium

Commr. Hill announced that she would be attending the Central Florida Area Workforce Investment Consortium meeting on Thursday, September 29, 2011 at 10:00 a.m. at the Orange County Commission Chambers.

viva florida 500

Commr. Hill mentioned that she received a letter from the Secretary of State of Florida asking if the libraries in Lake County wanted to participate in the Viva Florida 500 and noted that 2013 would mark 500 years since Florida was discovered.

issue at lake apopka

Commr. Hill reported receiving a letter from Mr. Jim Thomas, President of Friends of Lake Apopka, which addressed a potential problem for the restoration of that lake.  She noted that the treatment of hydrilla would stop, allowing it to continue to grow and added that Mr. Thomas was asking the Board to sign a petition in regards to that issue.

Commr. Campione opined that they should refrain from supporting it at that time since it was a debatable issue.  She added that she was trying to get a meeting together to discuss all of the issues related to Lake Apopka, so that could be in the discussion.

reports – commissioner parks – district 2

state trail management plan advisory group meeting

Commr. Parks mentioned that the General James A. Van Fleet State Trail Management Plan Advisory Group meeting was on Wednesday, October 5, 2011 at the Polk City Government Center and that he would be attending that meeting since the Bay Lake Trailhead ran through Lake County.  He added that they would be reviewing the management plan required by the State at that meeting.

florida association of counties conference

Commr. Parks reported attending the Florida Association of Counties (FAC) Conference last week and mentioned that the Department of Justice had been reviewing the emergency management programs of jurisdictions throughout the Country to ensure that persons with disabilities had meaningful access to all aspects of the emergency operations and management programs.  He added that he wanted the Board to be aware of that since it could mean additional expenses for the County.

reports – commissioner cadwell – district 5

Septic tank rule discussion at FAC conference

Commr. Cadwell mentioned attending the Florida Association of Counties Conference last week as well, noting that they had discussed the septic tank rule and wanted to repeal it.  He added that they were discussing whether or not they wanted to have a fall back position if it was not repealed and stated that the House already had enough votes to repeal it, but since the Senate was the problem, they should discuss the matter with their Senator.

park property for sale

Commr. Cadwell informed the Board that the Parks and Recreation Department had been notified of two properties for sale that were adjacent to County parks.  He specified that 18.5 acres was adjacent to the North Lake Community Park and 10 acres was adjacent to the East Lake Community Park and suggested they have staff look into possibly buying those.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:55 a.m.

 

___________________________

JENNIFER hill, chairman

 

 

 

ATTEST:

 

 

 

________________________________

NEIL KELLY, CLERK