MARCH 11, 2003

            The Lake County Board of County Commissioners met in regular session on Tuesday, March 11, 2003, 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; Jennifer Hill; and Robert A. Pool. Not present: Debbie Stivender, Vice Chairman. Others present were: William A. “Bill” Neron, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Judy Whaley, Deputy Clerk.


            Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

            AGENDA UPDATE

            Commr. Cadwell informed the Board that there is an Addendum No. 1. Mr. Bill Neron, County Manager, requested that Commr. Stivender’s reports be pulled.


            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 9, and Addendum No. 1, Item I.A.1., as follows:

            Budget and Administrative Services - Budget


            Request for approval of the Office of the Lake County Property Appraiser to fund its pro rata share of the unpaid balance of a court case judgment in the amount of $230,740.58 (General Fund) and $2,662.31 (Stormwater MSTU Fund).


            Procurement Services


            Request for approval and authorization to execute amendments to extend the Solid Waste Engineering Services Contracts with WCG, Inc. and Malcolm Pirnie through September 30, 2003 (RFP 97-088) to allow for the competitive procurement process.


            Procurement Services


            Request for approval and authorization to renew the Agreement for RFP 01-060 and execute the renewal for an additional one year period at the same pricing structure, scope of services and terms and conditions as contained within the original agreement with TEI Engineers & Planners for completion of the CR 44 Corridor Transportation Study.


            Procurement Services


            Request for approval and authorization to award RFP 03-031, encumber funds and authorize contracts, subject to the County Attorney approval, to Professional Engineering Consultants, Inc., Springstead Engineering, Inc. and WBQ Design & Engineering, Inc. for continuing geotechnical engineering consultant services for the County.


            Procurement Services


            Request for approval and authorization to award RFP 03-029, encumber funds and authorize contracts, subject to the County Attorney approval, to GMB Engineers & Planners, Inc., TEI Engineers & Planners and Tindale-Oliver & Associates for continuing transportation engineering consultant services for the County.


            Community Services


            Request for approval and signature on Proclamation 2003-27 declaring the week of April 21-27, 2003 as Community Development Week 2003 in Lake County.


            Growth Management


            Request for approval and execution of a Satisfaction and Release of Fine for Wong Ah Wan.


            Public Safety


            Request for approval of response to the letter from the Professional Firefighters Union concerning the recognition of a supervisory Bargaining Unit within the Professional Firefighters of Lake County Local 3990. This letter declines the request for voluntary recognition of the unit and suggests that the procedures of the State of Florida Public Employees Relation Commission be followed; and approval for the Chairman of the Board to sign the letter.


            Public Works


            Request for approval and authorization to execute change order #1 to the Countywide Resurfacing Project No. 2003-01 in the amount of $51,947.00 for partial resurfacing of #5433 Radio Road.


            ADDENDUM NO. 1




            Community Services


            Request for approval of Resolution 2003-28, authorizing the filing of the Rural Area Capital Equipment Support Grant Application with the Florida Commission for the Transportation Disadvantaged, to be utilized to purchase buses and communication equipment for the Public Transportation Program with a local match of $12,600.00.



            2-1-1 TAMPA BAY CARES, INC.

            Mr. Fletcher Smith, Community Services Director, introduced Ms. Cynthia Fox, Executive Director, 2-1-1- Tampa Bay Cares, Inc., who gave a PowerPoint presentation on the national abbreviated dialing code for free access to health and human services information and referral, a copy of which is included in the backup material.

            The major points of Ms. Fox’s presentation were:


          What is 2-1-1?

2-1-1 is the national abbreviated dialing code for free access to health and human services information and referral.


          FCC Decision

On July 21, 2000, the Federal Communications Commission (FCC) granted the abbreviated dialing code, 2-1-1, for community information and referral nationwide in a 5 to 0 vote.


          2-1-1 National Coverage

As of December 2002 twenty states had working 2-1-1 centers, serving 51 million Americans. The national goal is to serve 50% of the U.S. population by 2005.


          Florida Counties Covered by 2-1-1

Twenty-eight counties in Florida are covered by seven operational 2-1-1 centers. Forty-seven percent of Florida’s population has 2-1-1 accessibility. Agency for Health Care Administration has set state standards for 2-1-1 services and will be monitoring and certifying 2-1-1 centers in Florida starting April/May 2003.


          How 2-1-1 Helps Callers

Paid professional staff helps callers with such complex issues as substance abuse, gambling, domestic violence programs, suicide prevention, financial problems, and much more. Callers are connected with a 2-1-1 telephone counselor who helps them assess their situation and find the community services in their area that can assist them.


          Types of 2-1-1 Calls

Parents of school-age children who have truancy problems; single parents worried about utilities; a landlord who has been threatened by a tenant; someone contemplating suicide; someone with disabilities in need of transportation; guidance counselors; widows and widowers searching for social groups; someone with gambling, drug or alcohol problems; a care giver; someone who needs child care or after-school programs; a traveler seeking passport information; domestic violence victims; persons in need of food assistance or employment.


          2-1-1 Tampa Bay Cares Facts

Provides crisis intervention, information and referral 24 hours a day, seven days a week, 365 days a year, including all holidays. Hearing impaired accessible. Tele-Interpreters service for 150 other languages. Certified by Alliance for Information and Referral Services, with final accreditation expected April 2003, making 2-1-1 Tampa Bay Cares the eleventh certified 2-1-1 center in the United States. Website lists 4,100 programs in detail, and a virtual library, which includes specialized guides for HIV/AIDS, a parent guide, a homeless street sheet, an Hispanic services guide, and other services. Served over 60,000 people in 2002 in Pinellas and Hernando counties, and had about 20,000 visits to the website (www.211tampabay.org) in 2002.


2-1-1 Tampa Bay Cares is funded by Pinellas County government, United Way of Tampa Bay, United Way of Hernando, Juvenile Welfare Board, Department of Children and Families, and Family Continuity Programs.

            Ms. Fox explained that Pinellas County provides approximately 30% of 2-1-1 Tampa Bay Cares’ total funding. She stated that 2-1-1 centers were written into the federal bioterrorism bill as the method or vehicle in the community for disseminating information about bioterrorism. She added that the State of Florida has the end of 2003 as a “drop-dead date” for counties to determine if they will operate a 2-1-1 center of their own or to demonstrate a partnership with an existing 2-1-1 center.

            Commr. Hill pointed out that the 2-1-1 service is not a duplication of the 9-1-1 service. She stated that, as relates to cost, partnerships can be formed with other counties on a regional basis and with businesses. She explained that law enforcement agencies and school systems use the 2-1-1 service and all these providers within the county could use the system and be potential partners.

            Ms. Fox remarked that 2-1-1 Tampa Bay Cares, which is a nonprofit 501(c)3 organization, could provide service to Lake County by working with the local phone company.

            Mr. Smith stated that, on a daily basis, a dozen or more requests for services are received by Lake County’s Community Services Department. He stated that there is a potential for partnership and discussions have been held with United Way of Lake and Sumter Counties.

            Regarding tracking the types of calls for service and assessing the needs for service, Ms. Fox stated that her center follows up on a certain percent of callers each month as part of the quality assurance process.

            Commr. Cadwell stated that there is a clear feeling from the Board to move forward and requested that Mr. Smith step up efforts in contacting potential partners, in the local community and in surrounding communities, and bring back options to the Board.


            At 9:45 a.m., Commr. Cadwell announced that the Board would take a 15 minute recess.

            PUBLIC HEARING


            Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, reading by title only, and noted that it would be Ordinance No. 2003-27, if approved by the Board:


            Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. There was no one present who wished to address the Board, and the Chairman closed the public hearing.

            Upon an inquiry by Commr. Hanson, Mr. Steve Nash, Director of Public Safety, explained the driving force behind the changes to the Ordinance. He stated that Lake County Sheriff George Knupp did not want to be included in this Ordinance as relates to security and burglar alarms because the Sheriff rarely has to issue citations for those types of false alarms. Mr. Nash stated that the purpose of the proposed Ordinance is to discourage false fire alarms that take firefighters out of a zone and, in an effort to reduce the number of false fire alarms, the proposed Ordinance provides that more than one false fire alarm within a calendar quarter is a violation of the Lake County Code.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Ordinance 2003-27, an ordinance relating to false fire alarms, as read by title only. 

            WORK SESSION


            Mr. Fred Schneider, Engineering Director, Public Works, introduced Mr. Tim Kelly, BCI Engineers & Scientists, Inc., and Mr. John Kiefer, BCI Engineers & Scientists, Inc., continuing contract consultants, who work with Lake County on stormwater projects; Mr. David Hansen, Stormwater Program Manager, Public Works; and Ms. Maryann Utegg, Lake County Coordinator for the St. Johns River Water Management District’s Watershed Action Volunteers (WAV) program. Mr. Schneider began the PowerPoint presentation, which is included in the backup material, and stated that today’s presentation will focus on funding, projects, accomplishments, where the stormwater program is going, ideas for the future, coordinating agencies and implementation of two federal government mandates. The Lake County stormwater division is working toward improving water quality discharges into lakes, streams and water bodies. The division is looking at point discharges and retrofitting of existing systems that have lower water quality discharges, old subdivisions that did not have stormwater treatment, and roadways that are draining directly into water bodies. Mr. Schneider stated that the County coordinates with the St. Johns River Water Management District (SJRWMD) and the Lake County Water Authority (LCWA) who are looking at large water body cleanups on a regional basis. Mr. Schneider continued the presentation by discussing funding history and $300,000 in grant money. He noted that no land purchases have been made to date and stormwater retrofit projects have been accomplished by agreements with homeowners’ associations and property owners.

            Mr. Tim Kelly, BCI Engineers & Scientists, Inc., discussed the following:


          National Pollutant Discharge Elimination System (NPDES)


          Municipal Separate Storm Sewer Systems (MS4)


          Urbanized Areas (UA) - Orlando, Lady Lake, Leesburg/Eustis


          March 10, 2004 - tentative date DEP (Department of Environmental Protection) will have Lake County regulated under the NPDES program.


          Implement Stormwater Management Plan - addresses six particular elements: public education, public participation, illicit discharges, construction runoff, post construction stormwater management and good housekeeping.

            Ms. Maryann Utegg, Lake County Coordinator for the St. Johns River Water Management District’s Watershed Action Volunteers (WAV) program, stated that she speaks to school children and adult groups teaching them about stormwater runoff. In the past 14 months, the enviroscape model program has been presented to 99 different groups, reaching almost 2,500 people. She explained the stormwater pollution and clean up processes and use of the Best Management Practices. Another program she teaches is xeriscape landscaping. She noted that publications are available on such topics as the water-wise program, stormwater systems, neighborhood watersheds and ponds and lakefront properties.

            Mr. Kelly continued the presentation and mentioned illicit discharges, construction runoff, post construction stormwater management and good housekeeping by County departments. He also discussed the following:

          Example Actions Required of Lake County in Future - cooperative agreements with other entities; ordinance prohibiting illicit discharges; consistency review of Land Development Code with stormwater regulations; supplemental awareness training of all County staff.


          What will NPDES Regulations Cost Lake County BCC? Staff time; minimum $50,000 to $100,000 annual estimate (plus capital projects); proposed to be funded through the stormwater millage (MSTU)


          What will NPDES Regulations Cost the Community? Permit fees; additional development and construction costs which include lot grading, engineering, erosion control plans, and other Best Management Practices (BMPs); a construction permit will be required on construction on lots over one acre in size effective May 1, 2003.

            Upon an inquiry by Commr. Cadwell, Mr. Kelly explained that the SJRWMD criteria are such that some small projects can be exempt and dropping down to a one acre threshold will likely pull in additional projects that have to be permitted. Permitting would be through the Florida Department of Environmental Protection (FDEP) and the County has to show it has control, through its inspection processes, that the constructor is following Best Management Practices.

            Mr. John Kiefer, BCI Engineers & Scientists, Inc., covered the following topics:

          What Does TMDL Stand For? Total Maximum Daily Load regulates the water quality in the water body itself. TMDL is the amount of pollutant a water body can assimilate and still meet its designated use. Most water bodies in Lake County are designated by FDEP as Class A water bodies, which means they have to be fishable and swimable.


          Why Total Maximum Daily Loads? More than 40 percent of the waters assessed in the United States are still too polluted for fishing or swimming even after 30 years of Clean Water Act enforcement of the NPDES program.


          Typical Trends in Receiving Water Quality - Since the 1950's, heavy development and land use changes in Florida have contributed to the worsening quality of water bodies.


          Sources of Impairment - Point Sources (NPDES) Non-Point Sources


          TMDL Laws and Regulations


          Recent Regulatory Developments


          TMDL Overall Objectives - Identify, quantify, and assess all point and nonpoint source loadings to a water body. Determine the assimilative capacity (TMDL) of each water body. Define and allocate TMDLs to major sources. Build stakeholder knowledge and consensus. Implement and monitor program.


          Basin Management Cycle - Phase 1 through Phase 5


          Phased Approach: nine years to complete one full cycle of the state


          Lake County Impaired Waterbodies - 26 of Lake County’s waterbodies are verified as impaired, 11 are on the planning list. Most of these are high priority. Most of the Ocklawaha watershed is impaired within the County.


          TMDL Establishment and Implementation


          TMDL Fairness vs. Cost


          TMDL Implementation


          Load Allocation - Major categories are urban stormwater, agriculture and septic tanks.


          Stakeholders - Lake County, adjacent counties, Lake County Water Authority, municipalities, Florida Department of Transportation, Florida Fish and Wildlife Conservation Commission, industries, agriculture/horticulture, environmental interest groups, property owners/taxpayers, SJRWMD, FDEP


          Where Does Lake County Get Involved? This is an unfunded federal mandate. Must be creative at finding funds.


          How Are TMDLs Achieved?


          EPA’s National Cost Estimate - $800 million to $4.4 billion per year, although some estimates are $8 billion to $40 billion per year. Using EPA’s estimate translates to about $118,000 per year per impaired waterbody. With at least 26 impaired waterbodies (could be as high as 37) in Lake County, about $3 million per year will be expected to be spent in Lake County on TMDLs. Mr. Kiefer indicated that he believes this estimate is too low.


          Lake County Stormwater Cost Estimate - $36 million for the unincorporated developments south of Lake Harris, if treated at 45%. $70 million for the unincorporated developments in the Lake Griffin area, if treated at 90%. The amount of treatment is proportional to the degree of impairment.


          Typical Costs for BMP Implementation - Range from $20,000 for a small scale structural BMP to $3 million for a regional, multi-functional retention system.


          Why Participate? Mandated by law. “Early-bird” effect will find optimal solutions and obtain part of a limited pool of money. Congress recognized that this program is best implemented at the local level and directed EPA to say states should list what bodies are impaired and EPA needs to encourage states to implement the program. If the states fail to implement the program, EPA will take it over. The state agreed with the principle and pushed implementation down to the lowest local level of responsible government, the municipalities and counties. Largely on a voluntary basis, but mandatory through the NPDES permits.

            Mr. David Hansen, Stormwater Program Manager, Lake County Public Works Department, continued the presentation by discussing current projects. In 2001 the County was working on the Lake Griffin Basin project. Today, other projects include St. Johns River Basin, which includes the flooding issue in the Lake Mack area.

            For the record, Commr. Cadwell noted that Mr. Hansen and the Public Works Department have been working on the Lake Mack flooding issue since the floods of last year.

            Mr. Hansen continued discussing other current projects such as the Lake Griffin Basin which includes the Lake Unity Sub Basin and County Road 466B; Lake Eustis, Silver & Hicks Ditch which includes the localized flooding issue on Getford Road. A 23-acre parcel on the north side of Getford Road will be utilized to create a quasi-natural system with a 7-acre wet retention pond. The area could be used for passive recreation and education by installing a trail and kiosks. Funding has been applied for from LCWA. SJRWMD, which has additional funds, has reviewed the application. The Lake Dora Basin project includes the recently completed runoff conveyance system, a CDS (Continuous Deflective Separation) unit, which removes sediments and pollution before discharging into Lake Dora from Old Highway 441. The Lake Dora Basin also includes the Lake Dora Avenue project. The Lake Apopka Basin project includes the John’s Lake Sub Basin project in partnership with Orange County and the LCWA.

            Mr. Hansen explained that Lake County has belonged to the National Flood Insurance Program since 1982. Membership in the National Flood Insurance Program, while voluntary, allows residents to apply for federally backed loans. A Lake County stormwater technician currently determines base flood elevations by hand, scaling out legal descriptions to pinpoint parcels and the determining base flood elevation. Work is being done to implement a more efficient and error free determination by contracting for a GIS (Geographic Information Systems) based flood plain application which will be available to property owners. Lake County also belongs to a Community Rating System which provides reductions in flood insurance rates for citizens. The County’s current rating is “8" which allows a 10% reduction in flood insurance premiums, and work is being done to achieve a “7" rating which will allow a further reduction in rates.

            Mr. Hansen discussed the Upper Palatlakaha Basin project which includes Lake Minneola, Lake Minnehaha and Lake Louisa, as well as the Lake Minneola Shores/County Road 561A project which will eliminate runoff that is being directly discharged into Lake Minneola, an Outstanding Florida Water. Other projects include County Road 468, the Lake County Watershed Atlas, the Alco Road area project, and sponsorship of the Lake County WAV program.

            In summary, Mr. Hansen stated that Lake County should take a leadership role and move forward with current projects. Recommendations include the County’s continuing effort to identify funding needs and sources and seeking multi-level as well as multi-agency solutions for stormwater management problems.

            Mr. Schneider stated that a Capital Improvement Program draft for fiscal year 2003 through 2007 is included in the backup material. He announced that the Florida Department of Environmental Protection will conduct a TMDL rules workshop on Wednesday, March 19, 2003, at Lake- Sumter Community College. He stated that the stakeholders, such as Department of Transportation, Lake County and a city, need to work together on cooperative agreements to improve water quality in Lake County.

            Commr. Cadwell commented that the stormwater management plan is a long-range plan and today’s presentation of projects, some completed and some ongoing, is very helpful in understanding the plan. He noted that the County’s total expenditure, other than money spent for staff and anything not directly affecting water quality, is very small. He expressed his appreciation for the very good job that is being done by the County’s stormwater program staff.

            Commr. Hanson stated that it is good to see an overall plan rather than just a study. Regarding springshed issues, she stated that she attended the February 28 St. Johns River Restoration Working Group in Jacksonville. She suggested that a Lake County staff member should attend the next Working Group meeting which is tentatively scheduled for March 28, 2003. She inquired about what can be done to protect the flow and quality of springsheds, other than the recommendations that have already been made to protect water quality.

            Mr. Kiefer stated that springs do represent a unique case from a regulatory standpoint in that the NPDES program is strictly a surface water program and does not directly regulate groundwater. The TMDL program also does not specifically address groundwater issues but it will pick up springs where they become surface water bodies. It is important that the science that goes into determining a TMDL for a spring understands the interactions and some treatment that occur as water moves from various points in its recharge areas into the groundwater system. The recharge areas in a springshed will become very, very critical in terms of what types of Best Management Practices occur within those recharge areas.

            Commr. Hanson stated that the County might need to incorporate some of those regulations in the Best Management Practices rather than have them be a completely separate regulatory policy. Basically, the SJRWMD workshop addressed potable water and the use of the river, at some point, for potable water. Therefore, the quality and quantity will be equally important, if and when that ever happens.

            Mr. Kiefer stated that, in respect to the TMDL program, water bodies have to meet their designated use, which for most of Florida is that they be fishable and swimable. A drinking water supply involves a different set of criteria that has to be met.

            Commr. Hanson stated that looking at the St. Johns River and its tributaries, a large area, is the only way to make a difference. She expressed her thanks to Ms. Utegg for the great job she does for the County.


            Mr. James Patti, who lives on the corner of Washington Drive and County Road 42 in Lake Kathryn, read a statement and showed several photographs, which are included in the backup material, relating to a longtime problem with standing rainwater in a ditch that runs 180 feet along his property. He stated that, over the last 13 years, he has contacted several people in Lake County government and his pleas for help have not been heard. He maintained that, although some County work has been done, the problem still exists. He stated that the project should be stopped and a full investigation should be done.

            Commr. Cadwell asked that Mr. Patti make an appointment today with Mr. Fred Schneider, Engineering Director, Public Works, so that he can visit Mr. Patti’s neighborhood in an effort to find a solution to the problem. Commr. Cadwell explained that this project is part of the Community Development Block Grant and that, although not County-maintained roads, the roads will be brought into the system.

            OTHER BUSINESS


            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board reappointed the following members to the Lake County Industrial Development Authority:

                      Ms. Margo Odom

                      Mr. Glenn Tyre

                      Mr. Thomas L. Bacsik

                      Mr. Gregory Nelson

                      Mr. Scott Strong, Lake County School Board Representative

                      Dr. Charles Mojock, President of Lake Sumter Community College

                      Mr. Keith Mullins, Lake County League of Cities Representative

            ADDENDUM NO. 1 (CONTINUED)




            Commr. Hill requested that the agenda item from Public Works for approval and authorization to implement a Policy for Dedication Plaques on County Facilities be rescheduled for the Board’s March 18, 2003, meeting so that the full Board can be present because this involves implementation of a new County policy.



            Mr. Sandy Minkoff informed the Board that an organizational meeting of the new members of the Value Adjustment Board was held at 8:30 a.m. today, March 11, 2003. He stated that Special Masters must be used this year to hear the cases and additional costs will be incurred.



            Commr. Hanson informed the Board that she attended the Mid-Florida Area Agency on Aging meeting last week and a new requirement is coming from the State whereby the lead agency sends out Requests For Proposals to the different agencies that will be the providers in the area. The goal is to have a more client-based service, particularly for the elderly.


            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved placing on today’s agenda the Chairman’s recommendation that Commr. Hanson continue to represent the Board on the St. Johns River Restoration Working Group.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Chairman’s recommendation that Commr. Hanson remain as the Board’s representative on the St. Johns River Restoration Working Group.

            The Board reiterated that a staff member should attend the next meeting of the Working Group.


            ADDENDUM NO. 1 (CONTINUED)


            Commr. Cadwell noted that because of Commr. Stivender’s absence today the Board will reschedule discussion of a possible joint purchase of the Lake Region Packing property with the City of Tavares and the St. Johns River Water Management District until the Board’s March 18, 2003, meeting.



            Commr. Cadwell informed the Board that the Joint Committee for School Impact Solutions will meet today, March 11, 2003, at 1:00 p.m.


            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:35 a.m.