SEPTEMBER 16, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, September 16, 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:  Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Debbie Stivender; Elaine Renick; and Linda Stewart.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Ellie McDonald, Deputy Clerk.  Neil Kelly, Clerk of Court, was absent.


Pastor John Bahram, First United Methodist Church of Tavares, gave the Invocation and led the Pledge of Allegiance.


Ms. Cindy Hall, County Manager, stated that there was a typographical error on the amount of money on Tab 20 under Fiscal Impact and should read $694,904.00 rather than $694,992.89.  She mentioned that she would like to report on the meeting she had with the City of Clermont related to fire issues and hoped that Mr. Saunders would be present during her report.  She commented that Mr. Jerry Smith would give an update on the County’s eligibility for disaster assistance related to Tropical Storm Fay.


Regarding the Minutes of August 26, 2008, Commr. Renick requested the following changes:

On the last line on Page 9, she would like to omit the language “without city approval” stating that the issue was that cities thought they could do it and that changed the meaning.

In the second full paragraph on Page 10, third line, the language should be changed from “domestic self supply,” to “irrigation wells within city limits” to clarify their discussion.

Commr. Renick had a question regarding the top line of the last page of the Minutes as she did not remember Commr. Stewart saying that they should come up with a plan for rezoning of property for greater densities, but maybe it was just how it was worded.

            Commr. Stewart stated that she thought what was meant was that there was not a plan to rezone, but a plan that they should consider the water in rezoning property for greater densities.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 26, 2008 (Regular Meeting), as corrected; and September 2, 2008 (Regular Meeting), as presented.


On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the following requests:

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.

Annexation Notification from City of Tavares

            Annexation Notification with copy of Ordinance 2008-15 from the City of Tavares, amending the boundaries of the City of Tavares by annexing approximately 6.82 acres located on the west side of David Walker Drive, south of Dora Avenue and rezoning the property from Lake County R-6 (Urban Residential) to City of Tavares PD (Planned Development).

Annexation Notification from City of Groveland

            Copies of annexation Ordinance No.’s 2008-01-02, 2008-04-12, 2008-05-16, and 2008-07-23 from the City of Groveland, extending and increasing the corporate limits of said City.

Financial Audit Report for Greater Lakes/Sawgrass Bay Community Development District

            Annual Financial Audit Report for the Fiscal Year Ended September 30, 2007 for the Greater Lakes/Sawgrass Bay Community Development District, pursuant to Section 11.45 and Section 189.418, Florida Statutes.

Notice Before the Public Service Commission

            Notice Before the Florida Public Service Commission:  Notice of Commission Service Hearing to Aqua Utilities Florida, Inc., Office of Public Counsel, Office of Attorney General, and All Other Interested Persons, Docket No. 080121-WS – Application for Increase in Water and Wastewater Rates in Alachua, Brevard, Desoto, Highlands, Lake, Lee, Marion, Orange, Palm, Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities Florida, Inc. – Issued August 27, 2008.

            Hearing to be held on Friday, September 26, 2008, at 4:00 p.m., at the West Pasco County Government Center, County Commission Board Room, 7530 Little Road, New Port Richey, FL.


On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 25, pulling Tabs 22, 24, and 25 as follows:


            Request to approve Budget Change Requests and Unanticipated Revenue Resolutions:

            Budget transfer – Section 8 Fund, Department of Community Services, Housing Services Division.  Transfer $265,857 from Reserve for Operations and $40,000 from Regular Salaries to Housing Assistance Payments.  Rental Assistance payments for Section 8 were budgeted at $2,122,786.  These payments have exceeded the budget by $591,677.  Funds in the amount of $305,857 are available in Personnel Services and Reserve for Operations.  The remaining $285,820 is projected to be received from State Revenues for Rental Assistance Programs.  This amount is being appropriated on a separate resolution.  After this transfer, the balance in the Reserve for Operations account will be $0.

            Resolution No. 2008-136 to amend the Section 8 Fund in order to receive unanticipated revenue for Fiscal Year 2007-08 in the amount of $285,820 deposited into County Programs Revenue and provide appropriations for Housing Assistance Payments.  Unanticipated revenue will be received into the Section 8 Fund from Rental Assistance Fees.

            Resolution No. 2008-137 to amend the General Fund and County Fire Rescue Fund in order to receive unanticipated revenue for Fiscal Year 2007-08 in the amount of $840,783 deposited into Urban Area Security and provide appropriations for Machinery and Equipment - $807,441 (General Fund), Operating Supplies - $5,886 (County Fire Rescue Fund) and Machinery and Equipment - $27,456 (County Fire Rescue Fund).  On December 5, 2006, the Board of County Commissioners approved a Memorandum of Understanding (MOA) with the Orlando Urban Area Security Initiative (UASI) for participation in their approved funding.  Pursuant to the MOA, Lake County would receive funding and/or equipment in support of the UASI.  $807,441 in unanticipated revenue equipment has been received into the General Fund from UASI.  $33,342 in unanticipated revenue equipment has been received into the County Fire Rescue Fund from UASI.

            Request for approval of Budget Amendment and Change Order for Purchase Order for Department of Juvenile Justice.

Community Services

            For your information – Administrative Purchase Orders to process payments under the SHIP/Affordable Housing Program.

            Request for approval and signature of the FY2008-2009 State Aid to Libraries Grant Application and Agreement.

            Request for approval of the transportation Standard Coordinator Contract with Creative Concepts Learning Facility, Inc.

            Request for approval of Agreements which reflect the funding option which allocates 50% of the reimbursements and the full cost of automation; execution of the Agreements pending execution by affected parties and subject to County Attorney's approval; and approval of budget enhancements to the Library Services Fund.  Commission Districts 2 and 3.

            Employee Services

            Request for approval of Addendum to the Policies and Practices Employee Manual (dated September 7, 1999) formalizing the County’s practice of immediately suspending employees without pay in severe circumstances.

            Request for approval to observe December 26, 2008, and January 2, 2009, as holidays with updates to the 2008 and 2009 BCC Holiday Schedule.


            Request for approval to (1) declare the items on the submitted list(s) surplus to County needs, (2) authorize the removal of all of the items on the submitted list(s) from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.

            Request for approval to award RFP 08-0021 to Nodarse & Associates, Inc. for construction & repair of Monitoring Wells and Professional Geologic and Hydrogeologic Services.

            Request for approval to award RFP 08-0034 to Alverez Construction Group, Inc. to provide driveway improvements at Fire Station #21.  Commission District 5.

            Request for approval to award ITB 08-0030, Cold in Place Recycling Pavement Restoration for CR 466A to E.J. Breneman, L.P. in the amount of $726,523.20.  Commission District 1.

            Request for approval to award ITB 08-0029, Rehabilitation of Storm Water Pipes using the Cured in Place Pipe Method (CIPP) to Insituform Technologies, Inc. in the amount of $134,235.00.  Commission District 1 and 5.

            Public Safety

            Request for approval to renew an agreement with Lake Sumter Emergency Medical Services, Inc. in which Lake County reimburses them for cost of dispatch services at ten dollars ($10.00) per dispatch incident, not to exceed thirteen thousand dollars ($13,000.00) per month for Fiscal Year 2008-2009.

            Request for Retroactive approval of the Lake County Department of Public Safety, Emergency Management Division to submit grant application information to the State for grant funds in the amount of $1,000,000 through the FY 2008 FEMA EOC Grant Program to Construct an Emergency Operations Center (EOC) and to authorize the Chairman to execute any required grant documents.

            Request for approval and execution of Hazard Mitigation Grant Program (HMGP) agreements (7) between the State of Florida, Division of Emergency Management and Lake County, Board of County Commissioners, to wind retrofit communications buildings at the various tower locations comprising the new 800 MHz Public Safety communications system. The period of performance for these agreements is June 19, 2008 through October 29, 2010.  Also, approval of Resolution No. 2008-138.

            Public Works

            Request for approval and signature of Resolution No. 2008-139 to Advertise Public Hearing for Vacation Petition No. 1139 - Ted & Gail Ostrander, to vacate the entire Plat of Forest at Silver Lake, recorded in Plat Book 62, Page 34, located in Sections 9,10 & 16, Township 19 S, Range 25 E, in the Leesburg area. Commission District 1.

            Request for authorization to award #2824 Dewey Robbins Road "Part" and #2625 South Dewey Robbins Road "Part" Paving Project No. 2008-07, Bid No. 08-0031, to Art Walker Construction, Inc., in the amount of $694,904.00, and encumber and expend funds in the amount of $694,904.00 from Road Impact Fees Benefit District 4. Commission District 3.

            Request for authorization to release a performance bond in the amount of $1,992,716.00, accept a maintenance bond in the amount of $155,593.50, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and M/I Homes of Lake County, LLC and execute Resolution No. 2008-140 accepting the following roads into the County Road Maintenance System: Sweet Leaf Lane (County Road No. 5835A), Burlwood Drive (County Road No. 5835B), Muirwood Drive (County Road No. 5835C), Bronze Leaf Court (County Road No. 5835D), and Winter Oak Lane (County Road No. 5835E). Bentwood consists of 91 lots and is located in Section 2, Township 19 South, Range 25 East. Commission District 1.

            Request for approval to advertise for bids for the CR-44 Widening and Resurfacing Project No. 2009-03 at a total estimated cost of $5,466,517.00 ($5,112,517 from the Road Impact Fee Benefit District 2 Fund and $354,000 from the General Fund). Commission Districts 1, 4, and 5.


On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 26 and 27, as follows:

            Request for approval of Lease Agreement with Lake Agriculture and Youth Fair Association for the purpose of holding an annual county fair.

            Request for approval of a Settlement Agreement in special master case of Graham, Eden Heights, LLC, dba Eden Pet Center vs. Lake County.  Commission District 5.


Public Works

Vacation Petition No. 1137

Commr. Hill stated that they received a letter of opposition from Bright House Networks and asked if there should be any changes or discussions prior to advertising the Public Hearing for Vacation Petition No. 1137.

Mr. Stivender responded by stating that it was their intention to work through the old and new alignment issues with Bright House Networks between now and vacation.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote the Board approved the execution of Resolution No. 2008-141, to advertise the Public Hearing for Vacation Petition No. 1137, Hartle Road Re-Alignment Project in Clermont.

Public Right of Way Deeds in Conjunction with Roadway and/or Stormwater Projects

Commr. Renick referred to Tab 24, the Order of Taking on Exhibit “A”, RW Deeds and asked if that was referring to CR 466 in District 5.  She stated that she was taken aback by the price and commented that if people were making it this difficult to acquire the right of way for the road she wondered how many more Orders of Taking the County could afford at that rate.  She questioned whether it was vital for the County go through with the road due to the expense.

Mr. Sandy Minkoff explained that they a report would be given today reflecting that the dollar figures there were not the final figures, but rather the initial deposit.  He commented that for some of the property owners the amount was still contested.  He went on to say that they have contributions from the State and The Villages of almost $10 million on this particular project.  He explained that the right of way acquisition would be $7 or $8 million for the entire corridor.  He mentioned that they were seeing this throughout the entire County, and were having eminent domain issues with Publix at the shopping center on Hartwood Marsh Road.  He stated that once they announce a road project the eminent domain lawyers contact all the property owners immediately and begin signing them up, therefore, right of way donations have almost disappeared.  He explained that right of way acquisition equals the cost of construction in some cases and in some State projects the right of way is exceeding the construction costs.

Mr. Stivender commented that several of these projects were very important to the cities and the County stopped because they had to change their policies.

Mr. Minkoff stated that they were working with the municipalities and with Growth Management and that whenever possible they go through a development review to obtain right of way.  He stated, however, that the particular property on CR 466 was valued at $1 million an acre; therefore, it was very hard to obtain contributions when that much value was involved.

Mr. Stivender mentioned that the property does not look that expensive at the present time, but because it has been approved, rezoned, and the potential for growth on that corridor is there, the price is high.

Mr. Minkoff stated that when appraisers look at these properties, even those in the County, they review the City’s Comprehensive Plan to see what would likely be approved.  He explained that the City had called for the entire CR 466 corridor to be commercial from Lady Lake to The Villages, and once across the Sumter County line it was commercial as well.  He stated that they have been keeping close track of the expenses on CR 466 and that when they get through the first segment they plan to submit a complete report showing the appraised value, all the costs expended, and the amount paid to landowners showing how much it was costing for right of way.  He commented that he thought they would be unhappily surprised.

Commr. Cadwell asked Mr. Minkoff to provide information in his report explaining the source of the funding.

Mr. Stivender commented that one thing they did with these reports was to identify what acreage in the entire County was donated.  He explained that in this report they had almost twelve acres donated at an estimated cost of approximately $600,000.  He commented that this presented a good side and bad side, and because of that they continually work with multiple areas of right of way acquisition, noting that in certain cases and certain road segments, this was the way it was being done.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved and accepted the submitted list of public right of way deeds that had been secured in conjunction with the roadway and/or stormwater projects.

Environmental Land Acquisition Bond Funds

Commr. Hill commented that Tab 25 was to approve reimbursement of funds from the Environmental Land Acquisition Bond Funds to the Renewal Sales Tax Capital Projects Fund for the County’s portion of the Ferndale Preserve acquisition.  She stated that she would like to reallocate this reimbursement to fill the Sheriff’s vehicle request which had been reduced due to the budget reallocation.

Commr. Cadwell stated that this is the last year of a pledge they had made to the Sheriff to increase their vehicle inventory.  He commented that he had talked to the Sheriff’s Department and they indicated this was the last year that they had planned on the request.  However, he stated that two years ago they had committed to fill the request one more time.

Commr. Stivender wanted to know how this would affect the Ferndale Preserve because the allocation would not go back into Parks & Recreation as previously done, but would fulfill the Sheriff’s vehicle request.

Commr. Hill moved to approved to reallocate the funds into the Sheriff’s Vehicle Fund.

Commr. Cadwell stated that they were committing the amount of $500,000 to the Sheriff.

Ms. Cindy Hall, County Manager, stated that they currently have $600,000 of sales tax money that is in the Sheriff’s Vehicle Fund.  She commented that she thought the request he sent was for $1,300,000 which covered the entire amount, and another $600,000 would bring him up to $1,200,000 which was actually what she thought had been done in the past -  $600,000 in the general fund and $600,000 in sales tax.

Commr. Cadwell explained that the Sheriff’s vehicles fell into the sales tax capital projects category.  He commented that they fronted them this money and were paying it back into the sales tax fund from which they normally purchase vehicles – same account, different projects.

The Chairman asked for a second to the motion.  Commr. Renick seconded the motion which was carried unanimously by a 5-0 vote, whereby the Board approved the reimbursement of $603,025.00 from the Environmental Land Acquisition Bond Funds to the Renewal Sales Tax Capital Projects Fund for the County’s portion of the Ferndale Preserve acquisition, budgeting $600,000 from the Sales Tax Fund to the Vehicle Purchase Fund for the Sheriff’s Office.



Mr. Jim Stivender, Public Works Director, stated that the Board had accepted the Lake County Trails Master Plan a couple of months ago and that Mr. David Graber, Consultant from Inwood Consulting Engineers, was here to provide updates to the Plan.

Mr. David Graber addressed the Board stating that they had previously presented The Trails Master Plan to the Board and because of public comments at that time they had made some revisions and proceeded to present an update of the modifications that had been made to the Plan.  He stated that the two major additional alternatives to trails were for the Gardenia and Lake Wekiva Trails.  He commented that the modifications for the Gardenia Trail were put into the Revised Master Plan because the PD&E study for this trail was further along than when they originally prepared the Master Plan.  He stated that they took updates from that PD&E study and incorporated them back into their report and added one alternative which had not been selected as a preferred alternative, but it was their lead candidate.  He commented that they wanted to make sure this alternative was in the Master Plan in order to incorporate it into Graphical Information Services (GIS).  He explained that there were some ideas discussed at the last presentation for Lake Wekiva Trail which were to use the railroad grade through Rock Springs Run as an alternative to cross the Wekiva River and join up with the Seminole County Trail.  He commented that they thought that was a very good idea and was one that had been around for awhile but had been taken out of the Master Plan simply because they thought it was not environmentally feasible.  He stated, however, that based on their recent public input it was added back into the Plan.  He stated that the rest of the modifications to the Master Plan Report were for text changes to reflect those modifications.  He mentioned that a lot of figures were changed to reflect the new lines within the maps. He stated that the next step would be approval by this Board at which time the electronic copies would be distributed to the municipalities, different cities and towns, stakeholder groups, and also different Lake County Departments.

Commr. Stewart commented that she noticed one of the alternatives on the Lake Wekiva Trail was that the trail went straight to the river and would require building a new bridge.

Mr. Graber stated that was correct and that it was an extremely sensitive area.  He commented that it would just be one alternative that would be looked at during a PD&E study to evaluate a bridge, talk to the stakeholders, and make sure that there was a consensus on alignment.

Commr. Stivender stated that as the liaison to this committee she wanted thank the staff, Mr. Graber, and all the cities and other entities that took part in this process.  She commented that it took a long time, but that everyone was able to provide their input and it went very well.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the Lake County Trails Master Plan.



            Mr. Sandy Minkoff, County Attorney, stated that Tab 29 was a joint effort from the property section of his office and other county departments, particularly Public Safety.  He stated that occasionally and even more recently, they had requests from cell phone carriers to use portions of County property for cell phone towers.  He commented that with the construction of all the towers for the radio system they anticipated that these requests would increase because the towers were designed to co-locate other users on them.  He explained that while the Department would not be ready to co-locate until the system was up and running, but at some point they would desire to do so.  He stated that the County owns a cell tower in Paisley adjacent to the fire station on the property they had purchased and that recently the tower company offered the County $125,000 cash to get out of their monthly rental.  After meeting with the County Manager and her staff, he stated that they thought they were not equipped to valuate how much rent to charge if they elected to go forward with the tower since it was a specialized business operation.  He commented that they had reviewed a report prepared by a consultant for Sarasota County and thought that if the Board wanted them to pursue co-locations and/or the use of County properties for towers; they would want to find someone to advise them on the amount to charge.  He stated, however, before thinking about getting a consultant they wanted to make sure the Board was comfortable with moving ahead with co-location leases and possible leases of other County properties for tower sites as they become available.

Commr. Cadwell stated that in the County Ordinance they encourage companies to co-locate and thought this should be done.  He questioned the amount Sarasota paid for the consultant.

Mr. Minkoff stated that Sarasota had the consultant look at several towers and the amount charged was $7,000 - $8,000.  He commented that he did not know if they were thinking of hiring someone to do that now, but would possibly like to hire a consultant to establish proper amounts to be charged for the tower.  From reading their report, he stated that the leases apparently go based on how desirable the tower sites are - the more rural a site, the less valuable it would be and the more urban it was, the more valuable it would be.

Commr. Stewart commented that she had no problem with co-location but had a concern about the neighbors surrounding other County-owned property who may object to a tower on that property.

Mr. Minkoff stated that they would be required to follow all zoning rules and to obtain the applicable permits to meet the spacing requirements for other towers, so the County would be just like any other owner if that were the case.  He commented further this was a Board policy decision that they did not necessarily want to make.

Commr. Cadwell mentioned that he initially thought they should not consider County- owned property, but there could be a situation where it would make sense for us and for them.

Mr. Minkoff stated that the County receives approximately $950 per month on the Paisley lease and that some of the leases in more urban areas go as high as $2,000 - $3,000 per month.  He explained that towers were handled in different ways.  For example, in some cases where a tower is built the government owns the tower, the contractor puts it up, gets the right to stay on it, but gives the County the tower to sell the co-location; other times it would be a straight lease of the ground - there were different ways the arrangements could be structured.  He commented that he thought the Department was interested in leasing with a caveat making certain that the radio system was operating correctly before adding other people to the County towers.

Commr. Cadwell asked if through the discussions on this issue, Mr. Minkoff had clear direction on how to proceed.

Mr. Minkoff responded affirmatively and stated that he would move forward working with Procurement to hire a consultant to assist with structuring the leases and bring them to the Board on a case-by-case basis.



            Ms. Cindy Hall, County Manager, distributed a map of Clermont to the Board for review during this discussion.   She stated that Mr. Wayne Saunders, City Manager, Clermont, was here today and that they had been working in regard to the first response issues in Clermont (the City).  She referred to the map which designated areas, highways and roads going through the City and stated that those portions of the roads highlighted in red had not been annexed.  She commented that one of the issues discussed concerned the coverage of first response on those portions of the roads that were not yet part of the City.  She explained that it was the City’s desire to be compensated for providing first response to those roads in view of the fact that they were located closer to them.  She mentioned that the areas on the map circled with diagonal lines were neighborhoods in the unincorporated part of the County that were somewhat contiguous to the City.  She stated that the suggestion was to share half of the County’s fire assessment with the City and in return the City would provide first response coverage to those neighborhoods in the circled areas.  She went on to say that an ancillary discussion was that the east side of the City was underserved because the closest stations were in Ferndale which was further north and Clermont as identified on the map.  She reported that they had discussed finding an area on East SR 50 to locate a station in order to provide better coverage in that area.  As an update to the Board they had GIS provide an estimate of how many homes were in those areas collectively, noting that the Orange Trailer Park and the center of the City were not included in the figures.  She stated that GIS identified 1519 homes which would calculate to just under $133,000 which is half of next year’s $175 dollar assessment based on that idea.  In addition, Mr. Gary Kaiser, Director of Public Safety/Fire Chief, had identified an area on East SR 50 to locate a station, perhaps on leased space, and was talking to the property owner about the possibility of moving a modular building, currently owned by the County, to that property in order to provide better service to homes in that entire area as well as areas circled on the map.  She explained that those discussions were going well, however, they were not prepared to give the entire specifics at this time but wanted the Board to know they were progressing in that light.  She stated that these facts were being brought to the Board for direction on how to proceed on either of these ideas.

            Commr. Cadwell requested a report within the next 30 days covering a period of one year which would represent an estimate of costs of getting a station up, running, and manned on SR 50; the number and type of calls received in that area, such as house calls and roadway calls, as well as how many roadway calls were vehicle accidents; and whether the accidents were on City or County roadways.


            Ms. Hall asked Mr. Jerry Smith, Director of Emergency Management, to report on the County’s eligibility for Federal Emergency Management Agency (FEMA) disaster assistance.

            Mr. Smith stated that Ms. Hall was referring to a Memorandum of Understanding with FEMA to open a Disaster Recovery Center at the Fairgrounds.  He stated that while they did not receive any direct effects from the winds of Hurricane Fay that with the Astor flooding, washout of the roads, and through the efforts of Sean Loughlin, Disaster Assistance Coordinator, the County had been declared eligible for public and individual assistance from FEMA.  He explained that when individual assistance comes about the County would be required to open a center for people to speak with FEMA representatives.  He mentioned that because of Hurricane Ike they were somewhat delayed with regard to when the center would open since FEMA had withdrawn many of their staff from Florida and sent them to assist in Texas and Louisiana.  He stated that they were still negotiating as to when the center would open, but the plans were to try to open this week.  He commented that they were requesting citizens call the toll free number for FEMA to get registered and into the process.

            Commr. Cadwell stated that they assumed most of the citizens needing help were in the northeast part of the County and wondered if it would be better to locate the disaster center further north.

            Mr. Smith agreed that most of them were in that part of the County but those people had already registered.  He stated, however, it was their goal to get the people in the Astor area to register since mold and mildew could occur from the water in their yards that may have seeped into their homes.  He mentioned that they were working with the Transportation Disadvantaged Program (TDP) so that once they do open the center the TDP number would be advertised as they have offered to transport anyone in need.  He stated that they were working with Public Works to get public assistance funding and commented that the fairgrounds staff had bent over backwards to get this up and running.

            Mr. Minkoff explained that the County Manager discussed with him and authorized the Agreement for the use of the fairgrounds, but requested Board approval since it would be a temporary license.  He noted that the County would not charge FEMA for the use of the fairgrounds and that they would provide their own security and pay their own expenses.  He stated he would like to add that to the agenda and get it approved.

            On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the placement of this item on the Agenda.

            Commr. Stivender made a motion which was seconded by Commr. Hill to approve the use of the Lake County Fairgrounds by FEMA for a Disaster Recovery Center.

            Under discussion, Mr. Smith informed the Board that because the river in the Astor area was at about 3 feet 1 inch high that they may not be able to open river traffic until after the weekend.  He commented that the Parks & Recreation Department had been great in helping them close down the boat ramps.

            The Chairman asked for a vote on the motion which carried unanimously by a 5-0 vote.


            Commr. Stivender explained that Tab 30 was a request to proclaim October 5 through October 11, 2008, as Colonial Heritage Week by the National Society of Colonial Dames whose membership is comprised of descendants of this Country’s earliest land owners and public office holders.  She mentioned that the Society preserves historical sites and colonial records, offers scholarships for students of American history and to Native Americans to study nursing.  The State and National Society of the Colonial Dames were getting the public interested in our past and current history.

            On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2008-142, proclaiming October 5th through October 11th, 2008, as Colonial Heritage Week.


            Commissioner Stewart encouraged everyone to sign up for the Second Annual New Vision Walk for Independence at Lake-Sumter Community College on Saturday October 11, 2008, to raise funds for rehabilitation services for adults in Lake and Sumter County who are blind or visually impaired.  She stated that anyone interested could call New Vision for Independence for more information at 352-435-5040.


            Commr. Cadwell stated that he had scheduled a discussion of the County Manager and County Attorney’s evaluations but was not yet ready to do so and therefore it would be placed on the Agenda at a later date.


            No one present wished to address the Board.


            At 9:45 a.m. the Chairman announced that the Board would recess for approximately ten minutes.


            The Chairman reconvened the meeting at 10:00 a.m. at which time he stated that they would go into the Workshop Session.

            Commr. Cadwell stated that when they had the presentation for the Landscape Ordinance by staff it was clear that additional information was needed, together with professional assistance, in determining what would be best in the long-range for the Ordinance.  He commented that they had requested several individuals in the landscape business to make presentations today.  He noted that this was not a public hearing but the Board was interested in the information they could provide.  He stated that another workshop would be scheduled to provide staff with direction after they digest the information presented.


            Mr. Brian Sheehan, Director of Planning and Community Development, stated that staff provided the Board with an update on the direction that was given at the last workshop.  He commented that after the Proposed Landscape Ordinance Memorandum was distributed an error was discovered on page 2, Item 4.  The sentence “Bahiagrass, Zoysiagrass, or other drought tolerant turf shall be used” was inadvertently shown as stricken, and since they did not have direction from the Board to strike it, that sentence will remain in the Ordinance.  He explained that presentations related to the Landscape Ordinance would be made by those in the Sod Industry as follows: Mr. David Dymond, General Manager of H and H Sod Co, Inc., representing Florida Sod Growers; Mr. Keith Truenow representing Lake Gem Farms, Inc., a local sod grower; Mr. Jim Spratt, Director of Government Affairs representing the Florida Nursery Growers & Landscape Association (FNGLA); and Dr. Richard Tyson, Ph.D., Extension Agent IV, Seminole County, representing Florida Cooperative Extensive Service.

            Mr. Keith Truenow of Lake Gem Farms, Inc., and Director of The Florida Sod and Garden Association, addressed the Board and shared their views on Turf grass and water conservation.  He mentioned that the following individuals were in the audience on behalf of Turf grass and water conservation:  Mr. Billy Butterfield from FNGLA; Mr. Jimmy Granger from Lake Gem Farms, Inc.; Mr. Tommy Gardner from Lake Gem Farms, Inc.; Mr. Ted Geltz from Atlantic Blue; Mr. Joshua Craft from Florida Farm Bureau; Mr. Ralph White, Turf Grass Consultant; Mr. Rodney Weekly from R & W Sod Farms; and Mr. Hank Scott from Scott Farms.  He stated they would be discussing what they considered the root of the problem facing Turf grass applications under two basic categories – “species” which includes several varieties of Turf grass, and “users” which include planners, caretakers and Best Management Practices (BMP).  He then offered a slide presentation showing examples of Turf grass commonly used throughout Central Florida.  He explained that Celebration Bermuda Turf grass was good for sports areas because it was durable and was used in high wear areas; Bahiagrass was propagated by seed and which makes it ideal for use in landscape medians, shoulder right of ways, and lawns in Florida, however the greatest disadvantage of Bahiagrass were the tall seed spikes produced in summer months which have a tendency to decline after a few years when the seed production does not meet the demand of re-growth.  He commented that Zoysiagrass was used where drought resistance was required and aesthetics were important and was an excellent alternative for St. Augustine grass, but was not considered a shade tolerant grass.  St. Augustine grass contains several varieties and each has its own distinct aesthetics and application - for example, for shade tolerant grasses they could be found in Seville, Palmetto and Bitter Blue.  He mentioned that St. Augustine was not as good as Bermuda or Zoysia when seeking grass for water tolerance.  As members of Florida Sod Growers Cooperative, he stated that they were committed to solving today’s landscape and water conservation issues by working diligently with educators and experts within the Turf grass industry to educate professionals and lawn maintenance personnel.  He mentioned that they present a Turf grass and ornamental maintenance workshop once a year with Lake Gem and the community to assist users, explaining that beautiful landscapes could be had through education, proper planning, and best management practices.  He discussed water conservation and growing the right plant in the right place, and that without proper maintenance or BMP’s the desired goal would not be reached.  He stated that the goal could be achieved with St. Augustine grass if properly maintained.  He commented that in Florida- Friendly Landscape Designs Standards, it states that where wear tolerance is poor, such as sidewalks with heavy pedestrian traffic, St. Augustine grass was not the right plant and that a Bermuda grass would be better suited.  He explained that St. Augustine grass was better suited for shady applications, aesthetics, and soil erosion over any other Turf grass.  He stated that BMP’s were important to landscaping to reduce leaching of contaminants through sod; to reduce soil erosion and surface runoff; for dust stabilization; heat, noise and glare reduction; air pollution control; and for reducing fire hazards. He indicated that the incentives to landscapers, builders, users, developers, and caretakers should be based on BMP’s.

            Mr. Truenow presented slides provided by The Lawn Institute covering the benefits of Turf grass.  He commented that under environmental benefits, Turf grasses were relatively inexpensive, durable groundcovers protecting nonrenewable soil resources from water and wind erosion; and also helps reduce runoff losses from the vegetative portion of a developed watershed to almost nothing.  He went on to say that it was a great water filter, recharges groundwater aquifer, serves to prevent disease, helps with the decomposition of organic pollutants and provides a means for soil restoration improving the soil by adding organic matter.  He stated that another often overlooked benefit of Turf grass was a decrease in noxious pests, allergy-related pollens and human disease exposure and also minimizes allergy-related pollens that can cause human discomfort and potentially serious health concerns to susceptible individuals, as well as playing a role in serving as a fire barrier.  He mentioned that in addition to creating a sense of pride; the community also benefits economically, noting that Turf grass, trees and shrubs have been shown to add from 6 to 12 percent to the base value of a home according to a study conducted by Bridget Behe, Professor of Horticulture at Michigan State University.

            Mr. Truenow stated that at a time when our environmental issues such as global warming and greenhouse gases continually grab the headlines, fertilizers or even Turf grasses, will have an impact on our environment and our lives.  He stated that getting the message out on all the benefits Turf grass has to offer would benefit everyone.  He explained that by implementing BMP’s, information techniques and technologies would basically reduce the amount of water used daily.

            Mr. David Dymond, Turf grass producer from Osceola County, member of the Board of Directors of Florida Sod Growers Cooperative, Inc., and the Florida Turf Grass Association addressed the Board and offered some solutions to consider for the Landscape and Turf Ordinances.  He stated that the main purpose of the Ordinance was to save water.  He explained that the Ordinance deals with many different issues and after 30 years in the industry he had watched thousands of landscapes thrive and fall.  He commented that it was clear when it comes to conservation that it was not a plant variety issue, it was a usage issue since people over water their landscapes.  He explained that all plants, trees, shrubs, flowers, and turf use water to stay green and all the varieties of turf produced in the State of Florida need supplemental, not year round, irrigation.  He mentioned that even Bahia, Zoysia and Bermuda grasses will go dormant, or turn brown, without water and studies have shown that when this happens people end up using more water to make it green again.  He suggested that the Board focus more on technology, design and installation of irrigation systems when considering the Landscape Ordinance.  He explained that the use of technology, such as rain sensors for existing older landscapes, as well as soil and moisture devices such as potentiometers, can save 30 to 40 percent of water usage on individual homes.  He commented that there are more sophisticated levels of irrigation such as a new product out called Evapotranspiration Controllers (ET) which work on the basis of the temperature, time of year, amount of sunlight, and amount of existing soil moisture.  He stated that if an ET Controller is set to irrigate and senses there is plenty of moisture in the area it will not come on and that these type controllers can save 40 to 50 percent usage.  He distributed a research document from WeatherTrak which showed smart irrigation solutions had outperformed all other irrigation controllers for areas around the country and had reduced water usage by as much as 42 percent in those areas.  He commented that the use of pressure regulated heads equalizes the pressure in the irrigation system which makes an efficient distribution of water and that another new system for existing areas was the use of individually bound irrigation heads which have a diaphragm in them so that if one gets run over and the head breaks, the sprinkler shuts off rather than shooting water up in the air.  He stated that there are master controllers for large areas such as new developments, which control a cluster home section, or apartment complex all with one controller.  He suggested that another point to be considered was to make better landscape design a part of the Ordinance by taking into consideration the irrigation zones of plants of “like” water usage.   He stated that flowering areas need water more often, but less at a time; shrubs might need water less frequently; and turf areas need a better distribution of water and if done properly leads to much more efficient irrigation.  He also suggested that the Board consider putting that concept in the Building Code in order to save water.  He went on to say that education was key to saving water and that all people in existing and new homes should be taught how, when, and how much to irrigate and this information should be included in the Ordinance.  He stated that enforcement of water usage was another area where water could be saved and could be done by locating the abusers, or to provide tiered pricing for those that abuse to encourage them to use less.  He also stated that incentives could be given to those with existing homes to retrofit some of their systems to these better or modern designs, better controllers, and/or soil tensiometers to improve their water efficiency which would lead to a much more monumental savings than new construction.  He asked that the Board review their goal for the Ordinance.  He thought that plant mix without some kind of consideration for irrigation design, education, and enforcement will not save much water.

            Mr. Jim Spratt, Director of Government Affairs for the Florida Nursery Growers and Landscape Association (FNGLA), thanked the Board for giving all those from the sod industry an opportunity to speak today.  Before getting into the specific Ordinance he shared some the following facts:  that in the State of Florida in 2005, The Nursery Landscape and Sod Industry was a $15.2 billion industry and provided over 293,000 jobs; and that specifically in Lake County, landscape, retail and wholesale growers brought in $458 million in total sales and provided approximately 9,900 jobs which puts Lake County in the top 15 nursery and landscape producing counties in the State.  He stated that they realize in Florida competition for water resources continues to go up as more people move to the State.  It puts more pressure on its natural systems, the ability to create alternative water supplies, and a true dynamic between homeowners, development, residential and commercial landscapes, which may affect Florida’s potable water supply and quality.  He stated that they already have many of the answers and Florida-Friendly Landscaping concepts, the Florida Yards Neighborhood Program which includes the whole idea that the plant palette should include putting the right plant in the right place for turf, landscape plants, and annual beds.  Secondly, he stated that there were some very clear guidelines for training which could be found in the Florida Green Industries Best Management Practices Manual, and was supported by many of the groups in attendance today.  He commented that it was a child of the Florida Department of Environmental Protection, or professional associations such as FNGLA and others, who have certification programs for landscape professionals.  The guidelines give maintenance professionals, and individuals maintaining landscapes, the tools they need - BMP’s - putting the right plant in the right place.  Public behavior needs to be changed by training and the importance of the Florida Yards & Neighborhoods Program cannot be overemphasized.  He stated that the County should follow the invasive plant list that was housed by the Florida Department of Agriculture and includes the weed, aquatic and invasive plant list.  He commented that he could provide the Board with a statutory reference and the list at their request.  He discussed plant specifications stating that as a typical industry standard it really needs to go back to the architect and that the County should be a guide to their overall goal and let the plants be selected appropriately.  Lastly, he commented that he would like everyone to consider the fact that since the housing market was at low right now, the quickest way to add 10-15 percent to home values was to update landscaping.  He stated that they had the tools and professionals to do it and hoped that the County would continue to engage the Green Industry in their Ordinance.

            Mr. Timothee Sallin, with Cherry Lake Tree Farm in Groveland stated that when there was less sod on a project there was an opportunity for more trees, but spoke in favor of the sod industry.  He commented that these issues need to be addressed taking advantage of all the information, research, and technology provided by the universities and the industry on the subject.  He stated that there were many environmental and economic benefits of trees such as the fact that they capture storm water and reduce erosion from 7-22 percent after a storm; improve air quality by removing sulfur dioxide, nitrogen oxide, ozone and approximately 60 percent of particulates in the atmosphere.  They also sequester carbon anywhere from 22 – 48 pounds per tree per year depending on the variety; provide cooling benefits by approximately 25 degrees Fahrenheit; absorb about 90 percent of solar radiation; one acre of forest would remove 2.5 tons of carbon per year from the atmosphere; and that in Washington, D.C., a 46 percent tree canopy removed 949 million cubic feet of water volume.  He stated that he understood that the goal was water conservation and felt that changing the varieties of sod at a surface level seemed to address the problem.  He commented that water conservation regarding sod would occur at the maintenance and irrigation level.  He referred to what had been said regarding the BMP's starting with irrigation, irrigation design, irrigation installation and maintenance, the smart controllers, the evaportranspiration clocks, and soil moisture sensors.  He stated that this new technology was not available 5-10 years ago and  now has been tested, researched, proven and documented and saves 40-42 percent of water.  He explained that in order to solve the lawn maintenance problems they were talking about educating the homeowners and themselves, stating that there were several good programs available.  He mentioned that Florida-Friendly Landscapes, Florida Water Star and the Water Management Districts were coming out with an FNGLA Certification Program.  He drew attention to the fact that they were asking their landscape architects, irrigation installers, and pest applicators to be certified and licensed, but were not asking that the people who are installing and maintaining landscapes be certified, and those were the people who had the most impact.  He stated that the County could enforce or recommend that they were all FNGLA certified because those programs had a long track record in the State of Florida.

            Mr. Richard Tyson from the Florida Department of Extension Service spoke about Turf grass.  He commented that he was shocked when he heard that Lake and Orange County governments were considering banning St. Augustine grass.  He distributed a graph titled “Average Turf Quality” which compared the grasses that had been discussed and common grasses in landscape and irrigation research.  He reviewed the graph with the Board and explained the varieties of grasses, their quality ratings and that the percent of evapotranspiration (ET) was the maximum amount of water going through that plant every day.  He explained that 100 percent ET would be close to ideal irrigation practices so one could see how these grasses stack up in terms of quality when grown under ideal conditions.  He stated that the highest quality under ideal irrigation maintenance was Empire and Sea Isle grasses.  He commented that once deficit irrigation is initiated on these grasses they all decline with the largest decline in quality being Empire and Sea Isle grasses and the least decline was in Palmetto St. Augustine grass.  He stated that there were ten different St. Augustine cultivars currently being sold in Florida and thought that the dwarf and semi-dwarf types had a potential for lower maintenance in terms of mowing, fertilizer and irrigation - especially the new dwarf called Captiva which would be available this year and has a darker green color than most grasses and requires no fertilizer to obtain the color.  He commented that he thought it would be ill-advised to ban any grasses from the landscape.  He mentioned that leaving the term “drought tolerant” in the Ordinance was fine, but thought that if research were done it would be found that there were some pretty drought tolerant St. Augustine cultivars available.

            Commr. Cadwell wondered if the ET Controller was new technology and stated that research of other counties had been done where they had tried this several years ago and it failed because it lacked technology.

            Mr. Dymond responded by explaining that the ET Controller was a relatively new and pricey technology and had been used on the West Coast for the past ten years.  He stated that since that time the technology had been perfected and the computerized components had gone down in price.

            A discussion ensued regarding the price of using ET Controllers for simple lots as well as complex areas with the price varying from $150 to thousands of dollars.  It was stated that installing rain sensors which cost much less would be a good idea for people in existing homes, but were not as efficient as ET Controllers.

            Mr. Dymond referred to a study in California where a development of 1,000 houses was built at one time.  He commented that they took the opportunity to design all the landscapes with rain sensors, soil tensiometers, and ET Controllers and had tiered pricing so that if the rain sensor did not work or a sprinkler broke, it forced the homeowner to repair it quickly otherwise they would pay four times as much.  This reduced water usage by 66 percent in that area.  He stated it was all uniform and they were allotted water usage based on the size of the landscape and if they went over that amount they paid more, the less they used, the less they paid.  He commented that because of the allotment people did not water unnecessarily.

            Commr. Cadwell asked for recommendations on handling soil that was not ready for sod.

            Commr. Renick stated that she had spoken with Mr. Dymond about this and there had been a lot of talk about St. Augustine grass as the culprit.  She commented that she thought it would be wise to look at the water conservation issue, but if one parcel was totally inappropriate for St. Augustine and another parcel may be appropriate, a soil test could be performed to find out if the area in question was appropriate for St. Augustine grass and, if so, there should not be a problem if that development wanted to use St. Augustine.

            Mr. Dymond stated that it would be great if soil could be amended, especially sandy soils like those in Lake County, which would be an additional cost to the homeowner in new construction, but it was something that should be considered as an option to be done ahead of time and would help in the long run.  Addressing the St. Augustine issue he commented that he had been a producer for a long time and knows that given the water management restrictions, St. Augustine grass could be maintained by watering two days a week in dry times, one day a week in winter, and with no irrigation in the summer.  He commented that it may not look perfect, but could be maintained one or two days a week in the dry season.

            Commr. Renick mentioned that if it was important to someone to have St. Augustine grass they would need to be willing to go to the expense of putting down the topsoil needed for it to be appropriate.

            Commr. Stewart stated that the goal was not to ban anything, it was to conserve water and that they would do whatever was needed to do so.

            Commr. Renick commented that she, Ms. Hall, and Mr. Sheahan had discussed this and felt the need to bring the Irrigation Ordinance forward at the same time since they all play into each other.

            Commr. Stewart mentioned that she thought there was very little disagreement about what had been said today and that everything was a part of the picture for water conservation and that education was a key component.

            Commr. Renick expressed her appreciation to Mr. Charles Fedunak, Lake County Extension Agent, who gave her a better understanding regarding the pros and cons of switching from St. Augustine to Zoysia grass.  He explained to her that The Villages had switched from St. Augustine to Zoysia grass which did not result in any water savings as it comes back to irrigation since they wanted to keep the grass green all the time.

            Commr. Cadwell requested that Ms. Hall schedule another Workshop in October so they could give staff line for line direction on the Ordinance itself.  He also asked that a draft of the Irrigation Ordinance be given to them ahead of time so they could discuss all the Ordinances on the same day.


            Ms. Amye King, Growth Management Director, on behalf of the Green Team, addressed the Board stating that the Green Team was partnered with the Lake County Water Authority to bring before the Board a discussion about fertilizers.  She stated that they would like the Board to consider the Florida Department of Agriculture and Consumer Services (FDACS) Model Ordinance which has not yet been prepared for Lake County.  She stated that Mr. Mike Perry, Executive Director, Lake County Water Authority would make a presentation and then Ms. Erica Marie Santella, Region Technical Manager, TruGreen Limited Partnership, would address the Board from the private sector.

            Mr. Perry addressed the Board stating that he was participating in this discussion because they were concerned about the affect of nutrient enrichment in the County’s lakes.  He stated that they have had an experience over the past several years with a nutrient enrichment problem in the lakes.  He commented that the lakes had been over fertilized and the same nutrients which turn grass green fuel algae in the lakes and cause them to go green.  He explained that when the algae concentration in the lake is increased, the light going down to the bottom is lost and prevents growth of vegetation and plants in the lake systems causing an imbalance.  He stated that the topic being discussed today with fertilizer was to limit, or minimize, the amount of fertilizer being added to lake systems from urban areas.  He explained that they had asked the Soil Conservation Service if Lake County lawns had sufficient levels of phosphorus, but there were no statistics available, however, all the improvements indicated that there was plenty of phosphorus in our soil even though it was sandy.  He stated that any application of additional phosphorus was unnecessary.  He reported that they also told him that approximately 75 percent of lawns were fertilized even if it was not needed.  He commented that there were states around the nation that had banned the use of fertilizers.  He explained that the common thread was that if the soils tested needed to be fertilized, they would be allowed to use fertilizers containing phosphorus.  He mentioned that fertilizers were usually used on new lawns and was a one time application.  He reported that the State of Florida had no laws related to phosphate in fertilizers until the end of last year.  It was at that time FDACS implemented a rule for labeling fertilizers to include all information clearly on the bag giving specific information on how to use the fertilizer on a landscape or lawn setting.  At the same time, the Consumer Fertilizer Task Force (CFTF) was created to come up with an idea to address this issue and supported the labeling requirement.  He stated the CFTF felt it appropriate in the commercial landscape maintenance arena to come up with a certification that would allow them to have appropriate training for fertilizing and applying those low or no-phosphate, fertilizers and created the model ordinance presented by Ms. King which gave guidelines on how to prepare an ordinance related to fertilizer containing phosphorus.  He went on to say that they supported additional research because they thought it was important that the public be provided a sufficient amount of information related to the entire issue.  He stated that Sarasota County, Lee County and the City of Naples, have adopted local ordinances related to low or no phosphate fertilizer using the FDACS Model Ordinance and made sure everyone was registered and trained, and specifically identified buffer zones near waterways where they would be either phosphate free or fertilizer free zones.  He commented that within the training, they made sure people understood how to follow the new labeling requirements.  They also adopted penalties for applicators who did not comply with the ordinance.  He commented that there were other communities around the State that had adopted an ordinance in some form related to fertilizers and phosphate and they all vary in their approach.  The ordinance that is specifically identified from FDACS might add some cost to a community related to the bureaucracy involved with trying to go through a certification or training program to ensure those people were properly certified.  He stated that he thought Lake County’s water would benefit if the County were able to restrict excess nutrients added by fertilizers that have phosphorus containing compounds which would be unnecessary because they would run off.  He stated that their recommendation was for the Board to review the FDACS Draft Ordinance to see if it would work for the County, and to consider whether the certification program was needed.  He reported that through a telephone survey of commercial applicators they found out that apparently they do not use any phosphorus in their mix, because they already know it is not needed and it would be an added cost.  He mentioned that they also went through Home Depot and looked at what they were selling and found a lot of no phosphate or zero phosphate fertilizer already in the market.  He explained that if there was a complete ban of phosphate it should be handled carefully as it would eliminate any of the organic fertilizers, black cow, or composting which would put those people out of the market.  He stated that could be related to public information awareness.

            A discussion ensued among several Commissioners and Mr. Perry regarding Total Maximum Daily Load (TMDL) regarding phosphorus and other nitrates in Lake County as well as estuary systems on Florida’s coast.

            Ms. King stated that they were extremely concerned about unattended consequences and were exploring ways to address the fertilizer phosphorus issue without having consequences on the worm farms or composting household solid waste to create a fertilizer for flowers.  She explained that those fertilizers generally would not cause the runoff or loading problems thought of when talking about the adopted TMDL’s.  She commented that licensing of commercial applicators is another part of the Model FDACS Ordinance.  She stated that Ms. Erica Santella, Region Technical Manager, TruGreen Limited Partnership, with a Bachelor’s and Master’s Degree in Agronomy, as well as the Co-Chair of the DEP (Department of Environmental Protection) had an interesting prospective from the private side that she would present to the Board.

            Ms. Santella, referred to Best Management Practices (BMP) described earlier in the presentation and distributed a copy of the booklet.  She addressed the Board stating that the BMP booklet was developed for TMDL issues.  She stated that she was here representing the Florida Professional Applicators Alliance who not only support the Green Industry by its managing practices, but support the FDCAS Model Ordinance as written and the Certification Program as a key element.  She mentioned water conservation had been discussed earlier and in this case the discussion was not about fertilizer, but about nutrients and water quality, noting that to focus only on fertilizer was somewhat misplaced.  She commented that the manual talks about clippings and leaf debris on impervious surfaces that get into the waterway essentially becoming fertilizer pellets.  She reported that Jacksonville just passed a Water Quality Ordinance that adopts BMP, and has a Certification Program which they understood to be an all encompassing venture.  She explained that the Certification Program was meant for frontline applicators whether it was Massey, Middleton, TruGreen, Scotts, or whoever, and they would like to see those people certified.  She explained that the Applicators Alliance was four associations and it was important to understand there are basically two different types of lawn and ornamental maintenance companies – one is certified under FDACS which calls for insurance requirements, verifiable training, and roadside audits of vehicles; and others called “chuck-in-a-truck” who were the people they felt should be certified as they may were not sure they even have a driver’s license.  She explained the affordability of testing for certification and where training was held.  Regarding enforcement, she commented they do not expect there to be fertilizer police, but they do expect that if the professionals were being seen as a large factor in this that the Certification Program should be monitored by Code Enforcement.   She commented that the BMP's were now a part of the State exam for pesticide licenses and was being recognized throughout the community.  The ordinances they felt were going to be most effective in the State were the ones that follow the FDACS Model which was based on the Consumer Fertilizer Taskforce and got the highest consensus level of agreement. She encouraged the Board to consider the Certification Program on these BMP’s as a critical role.

            It was a consensus of the Board for Ms. King to continue working with the Water Authority and the private sector to put together an Ordinance tailored for Lake County including the Commercial Applicators’ Certification Program and present the Ordinance to the Board at the next workshop regarding the Ordinances.

            Commissioner Cadwell asked Ms. Hall to schedule a workshop in October to discuss the Landscape, Irrigation and Fertilizer Ordinances in order to direct staff line per line on the final Ordinances.  He also asked that a draft of the Irrigation Ordinance be provided prior to the workshop in order to discuss all items the same day.


            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.



                                                                                                                        WELTON G. CADWELL, CHAIRMAN