A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 20, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, May 20, 2008, 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, Vice Chairman; Elaine Renick; and Linda Stewart.  Commissioner Welton G. Cadwell, Chairman, was not present, due to another commitment, and Commr. Debbie Stivender was not present, due to illness.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk; and Sandra Carter, Deputy Clerk.

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, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, containing a request under the County Manager’s Departmental Business for approval for her to sign the Public Transportation Division Operational Policies and Procedures.

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.  Lake County has until July 28, 2008 to purchase property from Lands Available List, before it is available to the public.

            Notice Before the Florida Public Service Commission

            Request to acknowledge receipt of Notice Before the Florida Public Service Commission – In re:  Application for certificate to operate water utility in Lake County, by South Umatilla Water.

            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 7601 US Highway 301 North, Tampa Service Office, Florida; and approved Minutes of the Meeting of the Governing Board held on February 26, 2008, in Thonotosassa, Florida.

            Ordinance from City of Minneola

            Request to acknowledge receipt of City of Minneola Ordinance No. 2008-11, for voluntary annexation.

            Comprehensive Annual Financial Report for the City of Leesburg

            Request to acknowledge receipt of Comprehensive Annual Financial Report for the City of Leesburg for Fiscal Year ending September 30, 2007.

            Comprehensive Annual Financial Report for the City of Clermont

            Request to acknowledge receipt of Comprehensive Annual Financial Report for the City of Clermont for Fiscal Year ending September 30, 2007, in accordance with Section 163.387(8) of the Florida Statutes, along with a copy of a new CRA Annual Report.

            Notice of Public Hearing from City of Mascotte

            Request to acknowledge receipt of Notice of Public Hearing from City of Mascotte, scheduled for June 2, 2008, for Ordinance Nos. 2008-05-462 and 2008-05-463.

            COUNTY MANAGER’S CONSENT AGENDA

            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 County Manager’s Consent Agenda, as follows:

Budget

            Request from Budget for approval of the following:

            Budget Transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division.  Transfer $500,000 from Reserve for Operations to Repair and Maintenance ($230,000) and Operating Supplies ($270,000).  Fuel cost increases and Repair and Maintenance needs require a transfer from Reserve for Operations to meet the demand for the remainder of the fiscal year for Road Operations.  Funds available in Reserve for Operations.  After this transfer, the balance in the Reserve for Operations account will be $1,150,587.

            Budget Transfer – County Fire Rescue Fund, Department of Public Safety, Fire Rescue Division.  Transfer $49,750 from Repair and Maintenance to Repair and Maintenance (Project 21006 – Assistance to Firefighters Grant).  Fire Rescue was awarded $414,000 from the Fiscal Year 2007 Assistance to Fire Fighters Grant to purchase Self-Contained Breathing Apparatus (SCBA).  The department share (20%) is $82,800.  The grant is being utilized to upgrade 180 SCBA.  Due to the increased cost of the SCBA, an additional $49,750 is needed.

            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 EMS grant.  The amount being transferred to the Office Supply account is for upgrades of five monitors and upgrade of an existing LifePak.  The amount being transferred to the Machinery and Equipment account is for the LifePak for the Clermont Fire Department.

            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 Minneola for law enforcement services.

            Request from the Department of Facilities Development and Management for payment to Arthur J. Gallagher Risk Management Services, Inc., for Builders Risk, for Judicial Center, Phase I; and Boiler and Machinery, for Judicial Center Expansion, Phase I.  The request exceeds the County Manager’s approval limit of $25,000.  Total payment is for $76,866.40.

            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 County Commissioners, regarding the acquisition and demolition of the Stockdill property, located at 11706 Lake Clair Circle - Commission District 2.

            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.

            COUNTY ATTORNEY’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 County Attorney’s Consent Agenda, as follows:

            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 Lake County, for office space for the Property Appraiser's Office - Commission District 5.

            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 Florida State University’s College of Business, the first of its kind, which revealed that, for every dollar spent on this program, Florida gets $8.35 back.  In 2002, an independent assessment was conducted for the Agency for Health Care Administration, which showed the coordinated system saved $41 million for the State in Fiscal Year 2002.  He stated that they participate in evacuating people with special needs during hurricanes and tornadoes, as well as assist in the delivery of food and water, and, for the first time in a number of years, the program had some legislative success this year, noting that they were able to have a modest victory, with regard to Chapter 427, in that legislation was passed to clean it up, at which time he reviewed some of the major notable changes that were made, noting that they are very excited about said changes.  He reviewed some budget reductions that were made, noting that Medicaid Non-Emergency Transportation was reduced by 4% and the Agency for Persons with Disabilities provider rates were reduced by 5.5%, but there were no reductions in the Transportation Disadvantaged Trust Fund (TDTF).  He stated that legislation was filed to increase the TDTF, but it did not pass, commenting that had it passed the Commission for Transportation Disadvantaged would have picked up $20 million, of which approximately $1.5 million would have gone to Lake County.  He encouraged people to remember to donate $1 or more the next time they renew their vehicle tags; to contact their elected officials and thank them for supporting this program and inform them about unmet needs; and to encourage legislators to file legislation to increase the Transportation Disadvantaged Trust Fund.  He stated that the 8th Annual Florida Disability Mentoring Day, which allows young people with a disability to be mentored by people in the professional environment, is coming up in October of this year, with the kickoff event to be held in Orlando.  He noted that last year 1,300 young people were able to participate in that program.

            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 Lake County taxpayers nothing, and the money that is provided for PEAR transit is matched for the fixed route service, with no cost to the County whatsoever.  He stated that LakeXpress currently has two routes, being:  Route 1, which goes east bound from Eustis to the Villages and west bound to the Villages from Eustis, and Route 2, which is the City of Leesburg (Circulator) route.  He noted that Route 3, a City of Mt. Dora (Circulator) service, is expected to commence in July of this year, and Route 4, a City of Umatilla service, is expected to commence in July of 2009.  He then reviewed the following ridership facts:

  • LakeXpress debuted on May 21, 2007, with a total of 81 riders.
  • On August 17, 2007, LakeXpress transported 665 riders, making it the best day so far.
  • July, 2007, was the best month, transporting 10,913 riders for the month.
  • LakeXpress is currently transporting approximately 400 riders per day.
  • Based on projections that were calculated by the consultants, it was projected that 67,390 passengers would ride from June, 2007, through March, 2008, excluding Route 3

      (Mt. Dora).

  • The actual number of passengers for the ten month period was 76,844, exceeding the

      projections by 9,454.

  • LakeXpress has exceeded the projected ridership by 14.03%.
  • It costs approximately $9.75 per one-way trip to ride LakeXpress (Fixed Route Service).
  • It costs $20.43 per one-way trip to ride Lake County Connections (Paratransit Service).

            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.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            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 Lake-Sumter Community College indicated that they are in favor of that name, as well.

            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

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)

            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 County Manager to sign off on Public Transportation Division operational policies and procedures, in order to comply with federal and state guidelines.

            INTERLOCAL AGREEMENT BETWEEN LAKE AND POLK COUNTIES FOR

            JOINT USE OF CAGAN CROSSINGS COMMUNITY LIBRARY

            Ms. Wendy Breeden, Library Services Manager, addressed the Board stating that Osceola County has signed an agreement for joint use of the Cagan Crossings Community Library and Polk County has come forward indicating that they want to participate in assisting the County with operating funds for the joint use library, as well.  She stated that staff was asking that the Head of Reference Librarian position, the last position that was planned for the library several years ago, when the County was planning the library, be filled, and noted that they have seen a large increase in utilities and are asking that some of those funds ($25,000) go towards utilities and that the library’s collection budget be increased by $10,000, as well, which would restore the materials budget.  It was noted that, if the above requests are approved, $64,450 will be added to the Library Fund Reserve.

            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

            FINAL STUDY RECOMMENDATIONS FOR KURT STREET PRELIMINARY

            ENGINEERING STUDY FOR CITY OF EUSTIS

            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 Kurt Street between US 441 and Golf Links Avenue, approximately one mile in length.  Improvements to West Lakeview Avenue will be designed at a later date.  In order to meet Level of Service Standard D for 20 years, Kurt Street will need three lanes from US 441 to Golf Links Avenue and West Lakeview Avenue will need four lanes.  Additional turn lanes will be needed at SR 19, with dual left turn lanes being needed at West Lakeview Avenue, to handle the projected east bound traffic volume; the intersection of Golf Links Avenue will need an exclusive southbound right turn lane onto David Walker Drive; and, eventually, dual left turn lanes will be needed on eastbound David Walker Drive at said intersection.  He stated that the project team recommends, in accordance with the City of Eustis’ comments, a five foot wide on-street bike lane on each side and five foot wide sidewalks.  Wherever possible, the final design could shift the alignment, to allow a grass strip to be introduced between the curb and the sidewalk.  Most of the existing pavement can be resurfaced and widened to the new curbs, but, in some areas, the pavement may need to be reconstructed, to achieve proper drainage, and south of West Ardice Avenue, it may be necessary to construct a short gravity wall, where the existing ground on the east side of the street is lower than the street.  It appears that the existing right of way is wide enough to accommodate the roadway improvements, except north of West Ardice Avenue, where the right of way narrows to as little as 50 feet.  North of Golf Links Avenue, additional right of way will be needed, to construct the four lane improvement that ultimately will be needed on West Lakeview Avenue.

            Mr. Howe stated that, by 2014, four lanes will be needed on West Lakeview Avenue, to carry the projected traffic volumes at an accepted level of service.  The recommended improvement includes constructing those lanes, with a raised median, between Golf Links Avenue and Clay Boulevard, enabling the bike lanes to be constructed up to Clay Boulevard.  The County’s Master Trails Plan calls for a paved trail running along the CSX Railroad tracks between Tavares and Eustis, and the City’s preliminary trail system includes alternatives for the Eustis/Tavares trail, either on Lakeshore Drive, or along the railroad tracks.  Existing bike lanes on Clay Boulevard connect to both, but do not currently extend east of the railroad tracks.  It is recommended that the improvement include connecting them to Kurt Street, which will allow an alternative concept that would not require bike lanes on West Lakeview Avenue, requiring less right of way.  As part of the recommended improvement, Clay Boulevard will be widened enough to create the bike lanes that would connect to those on the west side of the tracks.  Since there are no bike lanes on East Lakeview Avenue, the amount of right of way can be reduced, by not continuing the bike lanes north of the connection to the trail at Clay Boulevard; however, the City’s bike plan designates Lakeview Avenue as a Share the Road east of Titcomb Street.  There are no bike accommodations shown on SR 19 in the current planning; therefore, they recommend a four lane section with a grass median and sidewalks.  Most of the existing pavement would be removed and the new pavement would be constructed between the curbs, which would allow the roadway to be graded to achieve proper drainage, which would require the acquisition of at least 12 feet of right of way.  Additional right of way must be acquired along West Lakeview Avenue, to eventually construct the recommended four lane improvement.  Alternative stormwater management systems were developed for each of the project phases, where various alternatives and their locations were submitted.

            Mr. Howe informed the Board that T. Y. Lin International is recommending Alternative A, which includes four ponds on Kurt Street, consisting of approximately three acres, plus 1,200 feet of exfiltration trenches in Basins 1, 2 and 3, with cleanouts at the ends for maintenance.  Construction of Kurt Street as a three lane roadway, with on-street bike lanes and sidewalks is estimated to cost $5.3 million, including the ponds and exfiltration trenches.  Left turn lanes would be added to David Walker Drive and Golf Links Avenue.  Construction costs for the recommended improvement on West Lakeview Avenue – a divided four-lane section with sidewalks, but without bike facilities, is estimated to be $4 million.  The estimated area of additional right of way that must be acquired, to construct the recommended roadway improvement on Kurt Street, totals approximately one-half acre, over five parcels.  Approximately three acres would be needed, over five parcels, for the four stormwater ponds shown in the preliminary drainage design.  To construct the recommended roadway improvement on West Lakeview Avenue, the estimated area of additional right of way that must be acquired over approximately 20 parcels is about one and a half acres.  Stormwater management facilities for the widening of Lakeview Avenue have yet to be determined, but, most likely, will be a combination of retention ponds and exfiltration trenches, such as is being recommended on Kurt Street.  Kurt Street is funded for design in FY 2008/2009, but West Lakeview Avenue is not funded for design in the current transportation construction program.  Assuming construction and right of way acquisition is funded for Kurt Street in the next Capital Improvements Program (CIP), this project will be constructed before West Lakeview Avenue is widened.  Since the traffic volumes will continue to increase, they recommend evaluating the pavement on West Lakeview Avenue to program a resurfacing project, which, ideally, would be scheduled to coincide with the Kurt Street widening project.

            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 Kurt Street, and that evening the City of Eustis passed a resolution in favor of five foot wide bike lanes and five foot wide sidewalks.  He asked the Board to accept the recommendations and noted that the next step would be for the County and the City to begin acquiring right of way needed for construction of the roadway and ponds.  He stated that the County’s current CIP includes $250,000 for right of way purchase, but does not include funding for construction.  He then answered questions from the Board regarding the study, at which time it was noted that no homes or businesses would be displaced, due to said project.

            Mr. Sandy Minkoff, County Attorney, informed the Board that the right of way estimate was extremely low, noting that it would probably be many times the $250,000 figure that was given by Mr. Howe.

            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 Eustis, as presented.

            PUBLIC HEARING

            NUISANCE ABATEMENT ORDINANCE

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:

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

            LAKE DALHOUSIE PUBLIC BOAT RAMP/SYLVAN SHORES PARK/LAKE

            GERTRUDE ORDINANCE

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:

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 Sylvan Shores neighborhood, addressed the Board in opposition to the request for postponement.  She asked that, if the Board was going to postpone the public hearing, they take any public comments there might be and just postpone their decision, enabling those people who have limited time and made a commitment to be present at this meeting could be heard.

            Mayor Melissa DeMarco, City of Mt. Dora, addressed the Board, representing the Mt. Dora City Council, stating that they are unanimously supportive of moving forward with the request, on behalf of the residents of Mt. Dora.  She did not feel delaying the request would serve any purpose and was concerned that it may be a while before the full Board could be present.  She felt it would not be fair to those people that would like to have access to the lake to have to wait until such time as a full Board could be present and asked that the Board move forward with the public hearing.

            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, County Attorney, stated that there was no legal reason why she could not vote against the motion, even though she made it.

            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 Sylvan Shores Park is a passive park and that nothing about launching a canoe or kayak changes that in any way – it just means that people will walk across it, which is a passive use that is actually encouraged.  She stated that, as far as access to the lake is concerned, there is clearly a delineated path down to the lake and whether or not its environment is pristine is another issue.  She feels that stating the environment around the lake is pristine is a stretch and wondered how many of the people that are concerned about preserving that pristine environment have white sand beaches, denuded of all vegetation and filtering ability for that water.  She stated that she appreciates the fact that the homeowners have spent $30,000 to control hydrilla - what is going to be a permanent chronic condition, however, pointed out the fact that they do let people on that lake regularly with motor boats, jet skies, etc.  She stated that she cares tremendously about the water quality of Lake Gertrude, noting that she has been before the Board in the past requesting funding to help clean it up and has been to Tallahassee and before the Lake County Water Authority asking for their help to improve the quality of the lake.  She commented that the park was deeded to the residents of Lake County for their use and enjoyment and feels it should remain a passive park, but the bottom line is that it is a state owned lake and, as a resident of Mt. Dora, she is proud of the lake.  She feels that reasonable controls should be put on it, however, noted that it belongs to the residents of the State of Florida and not to the 140 homeowners that live around it.  She stated that she was present representing those voting, taxpaying residents that do not have the ability to own a house on the lake, but would like to peacefully and conscientiously recreate on it.

            Ms. Jantz readdressed the Board, in favor of the Ordinance, noting that she and her husband were attracted to the Sylvan Shores neighborhood by the recreation advantages of Sylvan Shores Park, but they feel their neighborhood is at risk of decline, due to its many unsold older homes.  She stated that the real estate in the area is stagnating and they feel the County can help the neighborhood obtain new homeowners, by reversing the prohibition of kayak and canoe launching on Lake Gertrude, and they feel it is good public policy to stabilize the business tax base and schools in existing older neighborhoods, by attracting new residents.  She commented that kayak and canoe recreation teaches people to be good stewards of the environment; it would not harm the waterways.  She stated that, if the property owners around Lake Gertrude are sincere in their concern about hydrilla and other invasive species, their major enemy would be the use of motorized boats and trailers, noting that studies have shown that they are the major culprits in the transfer of invasive species from one water body to another and questioned whether they were concerned enough to prohibit that activity on the lake.  She stated that parks are unattractive to criminals and an asset to neighborhoods only with regular use of them and, if the property owners are sincere about the use of alcohol on the lake, parks across the State have prohibitions on alcohol use on lakes and enact enforcement of that prohibition and the same can be done in this case.  She asked the Board to enable the residents in the area of Lake Gertrude to enjoy kayaking and canoeing in their neighborhood and enable others to enjoy the advantages of living there, as well.

            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

            LAKE DALHOUSIE PUBLIC BOAT RAMP/SYLVAN SHORES PARK/LAKE

            GERTRUDE ORDINANCE (CONT’D.)

            Commr. Stewart stated that she grew up in Lake County and has known many of the people present at this meeting her entire life and that those that know her know that she would not do anything to harm Lake Gertrude.  She stated that her brother and his family live on the lake, so the last thing she would do would be to support something that would harm it.  She felt that many of the people present had made this a personal issue with them, however, noted that she would not return the favor by making it a personal issue with her, as well.  She commented that making a decision about this Ordinance was a tough one for her, not because she did not know the right thing to do, but because she has many friends who live on the lake, who do not agree with her and what she feels is the right thing to do.  She stated that she was sorry that she had made a lot of people unhappy, but that she was elected to vote for what she feels is fair, just, and right for the citizens of the County and she feels they have just as much right to use Sylvan Shores Park and Lake Gertrude as anyone else, as long as they do not harm it.  She feels that most people that canoe and kayak are environmentally sensitive and care about preserving the bodies of water that they canoe and kayak on and are good stewards of them.  She noted that she finds it soothing to watch someone canoeing or kayaking peacefully on a lake.

            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 Lake Gertrude, because there are restrictions on boating on the lake.  He stated that the State says state money cannot be used for the removal of hydrilla or aquatic plants from the lake, unless there are no restrictions on it.

            Commr. Stewart stated that Lake Gertrude has been declared a passive park and canoeing and kayaking, which is a passive recreation, will not change 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 Lake Gertrude is a public lake that is to be enjoyed by the public in a responsible manner and she feels very confident that, if this Ordinance is passed, that is exactly what is going to happen.  She thinks the residents are going to be very surprised that nothing is going to change, due to people canoeing and kayaking on Lake Gertrude, but she listened to their concerns.  She noted that she had included in the Ordinance a requirement that the lake be monitored and not just for water quality, but for whatever impacts allowing canoes and kayaks to enter the lake at Sylvan Shores Park would have on the lake, and that the County Manager bring a report of those impacts, if any, to the Board six months after adoption of the Ordinance occurs.  She stated that she has bent over backwards to appease the residents of Sylvan Shores and the Lake Gertrude Homeowners Association and that she feels they are going to be very surprised to find that they are not going to see much of an impact on the lake.

            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 Sylvan Shores Park and Lake Gertrude, to allow the launching and retrieval of non-motorized canoes and kayaks.

            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 MT. PLYMOUTH-SORRENTO PLANNING ADVISORY

            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 PUBLIC LAND ACQUISITION ADVISORY COUNCIL

            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 – COUNTY ATTORNEY

            PUBLIC LAND ACQUISITION ADVISORY COUNCIL (PLAAC) PROPERTY

            Mr. Sandy Minkoff, County Attorney, stated that the County closed on the Public Land Acquisition Advisory Council (PLAAC) parcel located on CR 44, so the County now owns that property.  He noted that there was some slight contamination of the property, where a pump had leaked, but that said soil has since been removed.  He stated that there were some small issues involving the Akron Meadows property, but he is confident that they will be resolved and the County will be able to close on that property within the next seven to ten days.

            REPORTS – COUNTY MANAGER

            SAFETY SUMMIT

            Ms. Cindy Hall, County Manager, informed the Board that she had forwarded an email to them from Mr. Larry Metz, Chairman of the Lake County School Board, requesting the Board’s participation at a Safety Summit that is scheduled to be held on June 4, 2008.

            It was noted that the Board would be available to attend said Summit and that it would be advertised as a public meeting.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            FIRE PROTECTION INVOLVING THE CITY OF CLERMONT

            Commr. Renick requested the Board’s direction, with regard to an ongoing problem with some areas in the City of Clermont, involving the issue of fire protection, noting that the City of Clermont believes they can serve the residents of said area better than the County.  She stated that the County’s staff has been working with the City’s staff for over a year, trying to resolve the problem, and are at a stalemate; therefore, she feels it needs to come before the Board.  She asked that staff be directed to invite the City of Clermont to make a presentation to the Board, at which time the issue can be discussed and the Board can make a decision as to what they feel is the best way to handle it.

            Ms. Cindy Hall, County Manager, cautioned the Board regarding the fact that anything they do for one city will have to be open to all the cities in the County.

            Staff was directed to ask the City of Clermont to give the Board a presentation on the issue.

            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 Altoona is hurting for food, with the price of groceries and gasoline going up, and is going to start growing their own vegetables, to provide food to families that need it.  She suggested that people keep that in mind and consider contributing to the food bank, because there is a real need for it in the County, as Mr. Hunter indicated.

 

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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 Montverde, under the pretense of road construction, which has not yet begun, and the barricades have been in place for almost a month.  She discussed some concerns that she and her neighbors have about the barricades preventing emergency vehicles from accessing their subdivision; that neither the Fire Chief nor the Sheriff’s Department were aware that the barricades were in place; that the barricades have changed the school bus stops; and that they leave the subdivision with only one entrance and exit.  She submitted, for the record, a petition containing the names of many of the residents of the subdivision asking that the barricades be removed.

            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 United States to introduce green technology and a green approach to development.  He noted that he is a member of the Florida Green Building Coalition; the United States Green Building Coalition; the Board of Directors of myregion.org; the East Central Florida Regional Planning Council; and the Deputy Prime Minister of the United Kingdom’s Council for the Sustainability of Europe.  He further elaborated on his background and experience of 15 years of doing this, at which time he gave a power point presentation about his perspective of development and how Avington Park, a development of his that has been approved by the Board for development in the Mt. Dora area, was created, noting that the County might be interested in utilizing techniques that he has developed, as follows:

            Eco-Evaluation

  • Walk and evaluate the property
  • Identify key natural features for preservation
  • Assess view corridors
  • Conduct evaluation during the day and at night

            Protection of “Green” Assets

  • Areas identified as having the highest environmental value – conservation drives design

            High-grade wetlands

            Gopher tortoise habitat

            Eco reclamation

            Pre-development hydrologic regime

            Preservation of Trees and Topography

  • Roads designed to move and flow with the land and its environmental features
  • Contoured and shaped roads, to take advantage of unique topography

           Designed to preserve thousands of trees

           Minimization of grading

            Preserving the Tree Canopy

  • Beneficial to slowing storm events
  • 6,000 trees an average of 20 years each – worth preserving

            From Concept to Reality

  • A visioning process:  Two years of planning
  • Collaboration between Heritage Green and the SJRWMD staff on low impact development techniques and stormwater management
  • Partnership with the University of Florida Program for Resource Efficient Communities on Equine Management, Stormwater Management, Florida Friendly plant selection, drafting of covenants and restrictions, and other low impact development techniques

            Maintaining Natural Drainage Flow Paths

  • Reduces the size and number of detention facilities
  • Replenishes groundwater supplies and increases aquifer recharge
  • More land available for preservation and open space

                 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 Rain Gardens

  • Preserve high water quality and minimize water discharge

           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)

  • Recharge local groundwater
  • Conserve water
  • Protect rivers and streams
  • Remove standing water
  • Reduce mosquito breeding
  • Increase beneficial insects that eliminate pest insects
  • Reduce potential of home flooding
  • Create habitat for birds and butterflies

            Florida Friendly Landscaping

  • Less maintenance and irrigation
  • Reduce pesticides, fertilizer, and erosion
  • Vegetated swales and rain gardens designed with Florida Friendly plants

      Solar Orientation of Homes

  • Ideally, want home to have “southern exposure”
  • Length of home facing east-west
  • Landscaping

     Deciduous trees:  Shade in the Summer; Heat in the Winter

  • Reduce home heating and cooling costs
  • Reduce energy consumption and reduce carbon emissions

      Dark Sky Lighting

  • Reduce light pollution

                 Glare

                 Light trespass

                 Over illumination

                 Sky glow

  • Protect nocturnal wildlife and ecosystems

      Florida Water Star

  • Drought tolerant landscaping
  • Drip irrigation
  • Reuse water for irrigation
  • Mandatory use of cisterns for lot irrigation
  • Soil moisture sensors
  • Plant massing with similar hydric qualities

            Low Impact Development Implementation

  • Covenants and restrictions
  • Design guidelines
  • University of Florida Program for Resource Efficient Communities
  • Florida Green Building Coalition
  • University of Florida Research Site for Bird and Butterfly Ecosystems

            Commr. Renick questioned how the County would go about getting the word across to developers that, in the long run, developments such as Avington Park would be to a developer’s benefit, or whether it would not be realistic to think that a developer could be convinced that it would be worth their time to develop their projects in this manner.

            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 Avington Park site with Mr. Kane and that she really appreciates the development.

            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 Lake County, Florida - Rainwater Harvesting and Associated Conservation Methods and Striving for Tomorrow’s Abundant Water Resources.  He stated that water, which sustains our quality of life, is considered our most precious natural resource and, without question, water supply and the demands upon that supply have become a priority issue in Lake County, surrounding counties, the State of Florida, as a whole, and various other regions in the United States.  It is a universal concern.  He stated that, as Lake County’s population approaches 300,000, it is imperative that advanced water conservation methods be implemented.  A study that was published in Florida Trend Magazine, dated August of 2005, ranked Lake County, and it tied for fourth place as individual consumers of water resources within the State, leading all Central Florida counties at 234 gallons per day, per person.  He noted that most of the counties in the Central Florida region rounded out the top fifteen.  He commented that comprehensive, advanced water conservation methods and concepts, if applied, will dramatically improve this ranking, in the overall demand required of our water supplies.  He displayed a graph showing the breakdown of water and its availability on the planet, noting that, of the 3% of water considered to be fresh, 31.3% is available in one form or another; surface waters, which abound in this area, make up about 0.3% of that 31.3%, or about 0.9% of the fresh water that is on the planet.  In Florida, underground aquifers supply most of the water we use in our everyday lives, so protecting these sources is of the utmost importance to everyone.  He stated that, with the continual extraction of water from Florida’s aquifer systems, those supplied sources are rapidly becoming depleted and the most expedient solution to that depletion at this time is the withdrawal of water from our surface waters.  Florida is host to one of the largest groundwater systems in the world; therefore, conservation and careful use of water becomes the obvious step to ensure water supplies are abundant, affordable, and environmentally responsible and carry over to future generations.  The lack of availability of this resource and any of its forms necessitated the collection and storage of rainwater for various purposes and personal reserves.  These systems are known as cisterns, and the advent of progress and industrialization nearly made the concept the practice of third world countries and island communities alone.

            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 Lake County is attainable through advanced water conservation methods, and the use of impervious brick pavers in driveways, walkways, etc. is also an important factor.

            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:

  • Water efficient appliances and plumbing fixtures.
  • Drought tolerant plant and turf varieties.
  • Impervious hardscapes and walkways.
  • Greywater recovery and aerobic septic systems.
  • Well planned advanced irrigation systems.
  • Automated rainwater harvesting systems, with large capacity cistern tanks, to house water collected from rooftops, various back flush equipment, HVAC condensate, hardscape runoff, and greywater.

            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 University of Central Florida’s Stormwater Management Academy is renowned for its contributions to the treatment and management of stormwater and have indicated that left unmanaged, stormwater runoff can have a devastating effect on the water bodies that receive it, thereby becoming bad water.  He stated that it just makes sense to start managing stormwater at the site where it falls.

            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, County Manager, stated that that was staff’s intent and that the Green Building Ordinance is probably that, which is the first thing that staff will be bringing back to them for approval.  She noted that it is not ready for public dissemination yet, but is something that they are working very diligently on and will be a proposal by The Green Team to the Board.

            REPORTS – COMMISSIONER HILL –VICE CHAIRMAN AND DISTRICT 1

            ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

            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 County Manager interjected that Mr. Welstead is working on getting the authority at the local level to adopt more stringent rules than those set by the SJRWMD, which they see as basic rules.

            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:

 

 

 

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NEIL KELLY, CLERK