A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 24, 2009

The Lake County Board of County Commissioners met in regular session on Tuesday, March 24, 2009, 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; Jimmy Conner; 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; and Ellie McDonald, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Sandy Minkoff, County Attorney, noted that at the end of today’s meeting he would like to hold a short closed session to discuss the union negotiation. He also commented that he had a slight change to Tab 10.

Commr. Stewart stated that she had asked Averett Septic Tank Company (Averett) from Lakeland to make a presentation during her business. She stated that misinformation had been given regarding septic systems with exaggerated costs and that Averett sells both conventional and newer type septic systems. She commented that they were unbiased and had nothing to gain, but that there had been some meetings in the community and information on several websites that have not relayed the proper information. She explained that for the benefit of the Commission and the citizens of Lake County, many of whom would attend the meeting today, she would like to have the facts presented.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Cadwell stated that the County Manager’s Consent Agenda consisted of Tabs 1 through 9.

Commr. Hill stated that she would like to pull Tab 2 for discussion.

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 9, pulling Tab 2 as follows:

Growth Management

Request for approval to advertise proposed ordinance regarding Amateur Radio Towers and Receive Only Antennas.

Procurement

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

Request for approval to award Lime Rock Term and Supply contract with multiple vendors, Diamondback Mining, Dixie Lime & Stone and Bedrock Resources.

Request for approval to award ITB# 09—0809 for two each 2500 gallon water tanks for the amount of $48,000 to Great Southern Construction Equipment, Orlando, FL.

Public Works

Request for authorization to release a letter of credit for performance in the amount of $11,716.10 posted for Sunrise Plaza North. Sunrise Plaza North consists of 5 lots and is located in Section 26, Township 24 South, Range 26 East. Commission District 2.

Request for approval of Amendment #4 to the Hollondel Road Regional Pond Contract for plan changes based on public meeting and post design services. Commission District 3.

Request for authorization to award #3125 Hollondel Road Regional Stormwater Pond Project No. 2009-05, Bid No. 09-0023, to WLW Construction, Inc. in the amount of $816,643.60 and encumber and expend funds in the amount of $816,643.60 from the Stormwater Management Fund. Also, request authorization to execute agreement with the Lake County Water Authority for the Stormwater Grant Program Agreement to Fund Lake County’s Hollondel Road Regional Stormwater Pond. Commission District 3.

Tourism

Request for approval of issuance of Purchase Order to Pride Enterprises, Inc. for printing job.

Commr. Hill referred to Tab 2 to advertise a proposed Ordinance regarding open air vendors in all non-residential zoning districts and asked that the Community Facility District “CFD” be included in the advertisement. She stated it could be amended or removed after it had been advertised if necessary.

Mr. Minkoff stated that the Ordinance before them was the Local Planning Agency’s (LPA) recommendation in which CFD was removed. He commented that since it has not yet been advertised he thought the staff recommendation was to include it. He mentioned that on the draft it had been stricken under Section 2. A. but that it remained in the title of the Ordinance.

On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved to advertise the proposed Ordinance regarding open air vendors in all non-residential zoning districts including CFD in the title and body of the Ordinance.

COUNTY ATTORNEY’S CONSENT AGENDA

Mr. Sandy Minkoff, County Attorney requested a change at the request of a Commissioner in Tab 10 which was to reduce the rates on rental agreements with Best American Storage stating that the 10’ x 20’ unit would be $150 per month and the five 10’ x 10’ units would be reduced to $75 per month which results in a reduction of approximately $98 per month. He recommended approval of the agreement at these new rates.

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tab 10, as follows:

Request for approval of rental agreements with Best American Storage for storage units for the State Attorney’s Office records for two 10 foot x 10 units to $75 per month which results in a reduction of approximately $98 per month.

Commr. Hill expressed her appreciation to Ms. Quinnette Durkin, Property Manager/Legal Office Manager, for her efforts in obtaining a reduction in the rates.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES

GRANT APPLICATION TO FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED FOR BUDGET YEAR 2009-2010

Mr. Fletcher Smith, Director of Community Services, stated that Tab 11 was a request for approval of a grant application to the Florida Commission for the Transportation Disadvantaged for budget year 2009-10 to use grant dollars to purchase two (2) Para Transit vehicles which requires a match on the County’s part of $15,258. He explained that coupled with grant dollars they would be budgeting $152,578 for the purchase of these vehicles. He mentioned that these vehicles with wheelchair lifts would replace two (2) high mileage vehicles without wheelchair lifts.

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the grant application to the Florida Commission for the Transportation Disadvantaged for the Shirley Conroy Rural Capital Assistance Grant Program for Fiscal Year 2009-10 and Resolution No. 2009-34 supporting said application.

GROWTH MANAGEMENT

ORDINANCE CREATING PROCEDURE FOR CONTINUANCES

Mr. Brian Sheahan, Growth Management Planning Director stated that Tab 12 was a request to schedule a Public Hearing for consideration and adoption of the Ordinance creating a procedure for granting continuances. He stated that this Ordinance codifies the procedure as they have adopted it.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved to schedule a Public Hearing for consideration and adoption of the Ordinance creating a procedure for the granting of continuances.

IMPACT FEE DEFERRAL AGREEMENT FOR INDUSTRIAL PROJECT

Ms. Angi Thompson, Impact Fee Coordinator stated that Tab 13 was a deferral request for an industrial project in the Christopher C. Ford Commerce Park. She explained that staff recommended approval of the deferral based on the capital investment in the County and the number of jobs that would be created.

On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the execution of the Impact Fee Deferral Agreement for the industrial project known as Lakeview Distribution Center.

PUBLIC HEARINGS:

PUBLIC WORKS

ROAD VACATION PETITION NO. 1150

Mr. Jim Stivender, Public Works Director, stated that Tab 14, Vacation Petition No. 1150, requested approval and execution of a Resolution to vacate Tracts and Rights of Way in two (2) Plats of the Lake Highlands Co., located in Sections 25 and 26, Township 22 S, Range 26 E. in the Clermont area, Commission District 2. He explained that this was SR 50 near the Orange County line and displayed on the monitor the realignment of Hartle Road reflecting a new development. He commented that the old 10-acre tracts and rights of way associated with them were to be vacated eliminating the underlying plat. He stated that a future plat is in preliminary review.

The Chairman opened the public hearing.

The Applicant was present and agreed to staff’s recommendation.

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

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Tab 14, to approve Vacation Petition No. 1150, and to execute Resolution No. 2009-35 to vacate Tracts and Rights of Way in two Plats of Lake Highlands Co., located in Sections 25 and 26, Township 22 S, Range 26 E. in the Clermont area.

ROAD VACATION PETITION NO. 1134

Mr. Stivender stated that Tab 15 regarding Vacation Petition No. 1134 required a small change in the request for approval and execution of a Resolution to vacate and cease maintenance on South Steve’s Road and a portion of Steve’s Road, located in Sections 29 and 32, Township 22 S, Range 26 E in the Clermont area, south of SR 50 near Steve’s Road. He explained that the original road was Steve’s Road, a dead end clay road; and South Steve’s Road stubbed out from there. He commented that Steve’s Road has been paved and constructed with numerous cars going through it as the development was built out. He stated that they would like to cease maintenance on South Steve’s Road. He commented that part of the original vacation was to clean up title for excess pieces of right of way leftover that would not be part of the development plan, part of which was along the south side of Steve’s Road. He explained that based on guesstimates of how it splits up, this property would end up going to the property owners to the north. He stated that they had an agreement, but apparently it did not work out; therefore, they are reducing the request for vacation to include the South Steve’s Road area only and this right of way would remain and would provide additional right of way for Steve’s Road allowing for ingress and egress if driveways were needed. He explained that it was a small piece of right of way for them, which was acceptable, and would make it easy to maintain that portion of Steve’s Road. He recommended approval as described.

The Chairman opened the public hearing.

The Applicant’s representative was present and agreed with staff’s recommendation.

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

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2009-36 for Vacation Petition No. 1134 to vacate and cease maintenance on South Steve’s Road only. Commission District 2.

CHILDREN’S SERVICES COUNCIL

Commr. Cadwell stated that Tab 16 requested approval to remove Ms. Lalenya Robertson from her current District 5 seat on the Children’s Services Council and to appoint her to the vacant Member-at-Large seat.

On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved the removal of Ms. Lalenya Robertson from her currently held District 5 seat on the Children’s Services Council and appointed her to the vacant Member-at-Large seat. Ms. Robertson’s District 5 seat expires May 14, 2010 and the vacant Member-at-Large seat expires on the same date.

PUBLIC HEARINGS:

REZONING

REZONING CONSENT AGENDA

Mr. Brian Sheahan, Director of Planning and Community Design, reported that all items on the Consent Agenda had been noticed and remain on the Agenda without changes. He requested that the Board approve the Consent Agenda.

The Chairman opened the public hearing on the Consent Agenda which consisted of Tabs 1, 2 and 3.

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

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved the Rezoning Consent Agenda, Tabs 1, 2, and 3, as follows:

Tab 1 - Ordinance No. 2009-12

James C. Harris, III Trustee/James C. Harris, III

James Harris Mini Storage

Rezoning Case No. PH #74-08-4

Request approval to rezone property from the Rural Residential (R-1) Zoning District to the Light Industrial (LM) Zoning District.

Tab 2 - Ordinance No. 2009-13

Ralph K. Jones/Leslie Campione, P.A.

Rezoning Case No. PH #73-08-4

Request approval to rezone 7.9 acres from Agriculture (A) and Medium Residential District (R-3) to Rural Residential District (R-1)

Tab 3 – Ordinance No. 2009-14

Cagan Crossings, Ltd/William J. Deas, Esq. /Cagan Crossings

Florida Quality Development (FQD)

Rezoning Case No. PH #72-08-2

Request amendment to Ordinance No. 2003-94 to allow additional signage and to allow for a farmer’s market as a temporary use.

REZONING REGULAR AGENDA

REZONING CASE NO. PH #65-08-2 - JACK AMON

Ms. Karen Block, Senior Planner, Case Manager for PH #65-08-2-Jack R. Amon, stated that Tab 4 was a request to rezone 33 acres located in the east Clermont area on the north side of Old Highway 50 at the Lake County / Orange County line. She reported that the property is within the Agriculture (A) Zoning District and Urban Expansion Future Land Use Category. The Applicant is requesting a zoning change to Planned Unit Development (PUD) for a residential community development consisting of 13 town homes and 53 single family homes for a total of 66 dwelling units. The Comprehensive Plan indicates that land within the Urban Expansion Future Land Use Category may be developed to a maximum gross density of four dwelling units per acre. She reviewed the Summary of Analysis and stated that staff recommended approval for a Planned Unit Development.

The Chairman opened the public hearing.

The Applicant, Mr. Jack Amon, stated he would be happy to answer any questions.

Commr. Cadwell asked if Mr. Amon also owned the property across the turnpike and if so, wanted to know his plans for same.

Mr. Amon stated that at the present time they were going through the final development plan process for similar project units per acre. He commented that they have a sewer plant approved on that particular project and hoped that when the market turns around they would be able to discuss with the County about providing utility services to that property as well. He explained that there were no eminent plans for the property other than to try to get it vested and approved.

Mr. James Hitt, Planning and Zoning Director for Clermont, stated that as was mentioned by Ms. Block on March 20, 2009, the City Council, recommended that the project be postponed until such time that they have an approved utility agreement. He explained that a few things were not in any type of reviewable site plan. He stated that at present there were items on the plan which were not consistent with Clermont’s developments. He remarked that one of the items on that plan was 60 foot wide streets rather than 50 foot wide streets and were submitted for approval. He commented that Clermont was essentially recommending postponement of the project until they have a reviewable site plan and an approved utility agreement.

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

Commr. Renick stated that they had all read the backup and that both Clermont and Orange County had concerns. She commented that they were all very aware of the impact of SR 50. She opined that the language was not strong enough to actually protect The Scenic Byway. She mentioned that Plaza Collina already has 200 multifamily units approved. She recommended denial of the PUD.

On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board denied Tab 4, Rezoning Case No. PH #65-08-2, to rezone 33 acres from Agriculture (A) to Planned Unit Development (PUD) for a residential community having 13 town homes and 53 single-family homes (66 total units) at a density of 2.0 DU/gross acre.

REZONING CASE NO. PH #62-08-5 - HARBOR HILLS AND REZONING CASE NO. CUP #08/9/1-5 - HARBOR HILLS DEVELOPMENT, LP

The Chairman noted that there would be two separate votes on these cases, but because they were intertwined they would be presented as one.

Mr. Rick Hartenstein, Senior Planner, Planning and Community Design, stated that the cases before the Board were PH #62-08-5 which is a rezoning request from R1 to Ag; and CUP #08/9/1-5 which was a request for a Conditional Use Permit (CUP) for an RV and boat storage facility to be used by the residents of Harbor Hills subdivision only. He noted that Mr. Steven J. Richey represents Harbor Hills Development who owns both properties. He displayed a picture showing both were properly posted. He commented that the rezoning is in compliance with the Comprehensive Plan and the Land Development Regulations and that staff recommends approval. He explained the reason the CUP was being brought back was that it had a three year sunset clause which has expired, but because they still need the temporary use they were asking for a renewal. He stated that staff has found that it is in compliance with the Comprehensive Plan and Land Development Regulations. He displayed a view of their proposed site plan which laid out the existing facility and stated that staff recommends approval.

The Chairman opened the public hearing.

Mr. Steven J. Richey, attorney, represented the Applicant and addressed the Board noting that this was not on the Consent Agenda because they had met with staff to discuss the buffering. He explained that there was a requirement that they put in a Class A Buffer around the five acres which is completely surrounded by 1500 acres of Harbor Hills. He requested that the Board waive the buffer requirement because the property cannot be seen off property and because of the topography they would be buffering from themselves. He also stated that there was no water available there so any farming and buffering would be short lived unless another well was installed to provide a source of water. He remarked that this CUP has been there since 2005; the staff has received no complaints on the use of the property; that it cannot be seen offsite from their property; and, therefore, requests the Board waive the provision in Landscape/Buffers, Section B. of the Ordinance and ask that it be deleted. He explained that the reason for continuing this case was due to the fact that a neighbor who uses the private easement which runs across their parcel was concerned that if they began development behind their piece of property the residents would be riding by this RV Storage facility. He commented that the storage facility was temporary and would be removed when the 1500 acres was developed. He stated that its Comprehensive Plan is zoned for five acre tracts. He reported that they had entered into a private agreement with the property owner which basically says if they pull any permits or do any platting on their property, that his client would put up a berm, which would exceed any of the Class A buffers included by staff. He requested that the Board waive the provision in Landscape/Buffers, Section B. of the Ordinance and ask that it be deleted. He commented that the facility has already been built, and they will continue to operate it on a temporary basis until the next piece of property is developed.

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

On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2009-15, Rezoning Case No. PH #62-08-5 to rezone five acres from Rural Residential District (R-1) to Agriculture (A).

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2009-16, Rezoning Case No. CUP #08/9/1-5 for a Conditional Use Permit (CUP) in the Agriculture Zoning District to permit an RV and Boat Storage Facility on approximately five acres to be utilized by the residents of the Harbor Hills Subdivision only, and to waive the provision in Landscape/Buffers, Section B. of the Ordinance and ask that this provision be deleted.

BOARD AGENDA (CONTINUED)

REPORTS - COUNTY ATTORNEY

CR 466 SEGMENT B ROAD WIDENING PROJECT

Mr. Sandy Minkoff, County Attorney, stated that on the Addendum they have the last two pieces of property on CR 466 and that they were asking for Resolutions beginning eminent domain. He stated that the reason these two Resolutions were separate was that staff had been working to reduce the taking to avoid the cost. He explained that these properties were the Kangaroo at the corner on CR 466 and US 441/27, and Anchor Coating on the south side of CR 466. He recommended approval of these Resolutions.

On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2009-37 instituting eminent domain proceedings for acquisition of property located on the CR 466 - Segment B Road Widening Project - Parcel 218, and Resolution No. 2009-38 instituting eminent domain proceedings for acquisition of property located on the CR 466 - Segment B Road Widening Project - Parcel 134/534/734.

REPORTS - COMMISSIONER HILL - DISTRICT 1

ECONOMIC DEVELOPMENT ADVISORY COMMITTEE

Commr. Hill distributed information regarding the Economic Development Advisory Committee. She stated that she attended their meeting last week and the Committee was on track putting a lot of time and expertise into economic development for the County and expressed her appreciation for all their hard work. She commented that the Committee falls under the Metro Orlando Economic Development Commission (Metro Orlando EDC) and is not a Sunshine committee. She cautioned members of the Board who wished to attend the quarterly meeting to let either Ms. Dottie Keedy, Economic Growth & Redevelopment Director, or Ms. Shelly Weidenhamer, of Metro Orlando EDC, know in advance to ensure that two Commissioners were not there at the same time. She distributed a handout including Ms. Weidenhamer’s contact information, the sub-committees, and reflected the structure of the Advisory Council by way of an organizational chart. She reported that the Metro Orlando EDC would make a presentation to the Board after they complete their work. She mentioned that there were many businesses and citizen groups who would like to discuss the Compensation Plan with the Commissioners, and if they thought that there were any questions pertaining to any of the sub-committees, they should contact Ms. Weidenhamer who facilitates those committees, so she could arrange an opportunity for them to provide their input at those meetings.

ECONOMIC DEVELOPMENT COUNCIL AWARDS CEREMONY

Commr. Hill stated that she attended the Economic Development Council (EDC) Awards Ceremony and they had some wonderful recipients although none were from Lake County. She expressed her appreciation for their efforts. She mentioned that they recognized Blue Earth Solutions as well as the new Green Bus Stop in Eustis in their program.

REPORTS - COMMISSIONER RENICK - DISTRICT 2

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Commr. Renick reported that she would be on the St. Johns Agenda for their May meeting and would be meeting with their Chairman, Ms. Susan Hughes in Jacksonville prior to that meeting.

REPORTS - COMMISSIONER CONNER - DISTRICT 3

ECONOMIC DEVELOPMENT COUNCIL AWARDS CEREMONY

Commr. Conner reported that he attended the Economic Development Council Awards Ceremony and expressed his appreciation to Commr. Hill for the excellent job she does as Liaison to the Committee.

ONSITE BUSINESS VISIT

Commr. Conner reported that he was part of an onsite business visit at Van Gannaway Chevrolet which was set up by the Lake-Sumter Business Resource Center and the County’s Economic Development Department. He remarked that it was a worthwhile opportunity to ask what the government could do to assist their business.

JUDICIAL CENTER FINANCIAL OPTIONS

Commr. Conner mentioned that they had all received their Financial Plan for Phase II of the downtown construction last week. He stated that due to his concern about paying for Phase II, he set up a meeting with the County Manager, the Budget Director and Mr. Gary Akers, of First Southwest. He encouraged everyone to review the report carefully because it was based on an inaccurate assumption that they would not require any funds in excess of the $47 million until April 2012. He explained that the move-in date has been scheduled for January 2012 so there would be a huge gap. He commented that he had told them that this Financial Plan was not realistic or valid. He stated that although he voted for First Southwest, his confidence has been shaken by their first report because if this Financial Plan was adopted there would be serious ramifications later.

Commr. Cadwell stated that at his first review of the document he had some questions as well. He commented that because they were in the early stages of this process, there may come a point that they may need to readdress the financial advisor. He agreed that everyone should carefully review the Financial Plan.

REPORTS - COMMISSIONER STEWART - DISTRICT 4

ROBOTICS TEAM

Commr. Stewart mentioned that last week one of the County’s Robotics teams made the National finals and were trying to raise enough funds to have all team members attend. She stated that they were doing very well and encouraged anyone interested in making a donation to the team should make their check payable to the Educational Foundation of Lake County and forward it by mail to them. She remarked that the donation was tax deductible and would be very much appreciated to provide a rewarding experience for the team.

DEPARTMENT OF HEALTH RULE

Commr. Stewart stated that she had invited citizens to attend the meeting today at 10:00 a.m. to hear the presentation on septic tank systems and clear up any misinformation they had received. She requested that the Board go forward with the closed session now since it was 9:40 a.m. and the citizens were not expected until 10:00 a.m. She commented that if they postponed the presentation until 10:00 a.m. the citizens would be present and would be able to hear correct information regarding this issue.

Commr. Cadwell remarked that this would not be a public hearing.

Commr. Stewart explained that the reason she wanted the citizens here was because a lot of misinformation was put out to the community to create hysteria and it worked.

Commr. Renick commented that she had seen the emails and opined that if they discussed the matter prior to their arrival it would appear that it was done on purpose.

Commr. Cadwell asked the County Attorney the particulars on the closed session and whether they needed to make the normal announcement.

Mr. Minkoff stated that they would be discussing union negotiations and that they had wide latitude on when and how it was done. He commented that they did not have to make the same announcement in this particular instance.

RECESS AND CLOSED SESSION

At 9:40 a.m. the Chairman announced that the Board would go into a Closed Session to discuss union negotiations and would reconvene at 10:00 a.m.

RECONVENE

The meeting reconvened at 10:00 a.m.

The Chairman mentioned that under Commr. Stewart’s business she had brought forth a Resolution today and had asked for a five minute presentation by a septic tank company.

REPORTS - COMMISSIONER STEWART - DISTRICT 4, (CONT’D.)

RESOLUTION REQUESTING THE FLORIDA DEPARTMENT OF HEALTH AMEND THE PROPOSED RULE REQUIRING INSTALLATION

OF PERFORMANCE BASED TREATMENT SYSTEMS IN THE WEKIVA STUDY AREA

Commr. Stewart stated that there had been a great deal of misinformation disseminated to the citizens of Lake County regarding the required installation of septic tanks before 2012 and had been informed that the costs of the septic tanks would range from $15,000 - $30,000 together with an annual inspection and maintenance fee ranging from $1,000 - $4,000. She commented that she understood the panic of the citizens because they had not heard the other side. She stated that for this reason she had invited Mr. Sam Averett and Mr. Steve Meints from Averett Septic Tank Company, Inc., (Averett) in Lakeland, Florida, to present the facts about the septic system situation. She stated that their company sells both types of systems and was not partial to either. She commented that they would find that the new systems were more expensive in some instances, but they were not nearly as expensive as the citizens have been made to believe.

Mr. Sam Averett, owner of Averett addressed the Board stating that there had been some rumors about the systems costing $30,000. He reported that their company installs the “Hoot System” which is an advanced wastewater treatment system and a cost effective way to clean wastewater to less than 5 TGSS, 5CBOD, and 10 total nitrogen which results in 100 percent of the wastewater being recycled. He explained that they have installed this system in several Lakeland subdivisions because it was less expensive than standard mound systems. He then gave a slide presentation on the Hoot System explaining that it is a three compartment tank consisting of a pretreatment tank which works like a standard septic tank, after which it goes into the aeration chamber where the work takes on in the system, and finally goes into the clarifier which gets clean water into the lift station. He explained that the lift station holds the water while it is pumped out to a drip field onsite by using drip irrigation which is the benefit of this system. He stated that each tube allows only one gallon of water per hour, per hole in the system, to be released and is designed to run fifteen minutes per hour spreading the water over the entire drip system in a slow period of time. He reported that after reviewing four different installers in the State, the average cost of this system was from $9,400 to $14,000 with maintenance of $400 - $650 for a two year period. He commented that by Code, installers must include the first two years of maintenance in the sales price of the system therefore, the costs ranging from $9,400 - $14,000 include engineering, permitting and the first two years of maintenance on the system.

Commr. Renick inquired about the cost of a regular system.

Mr. Averett stated that in-ground regular systems would cost approximately $3,500 - $4,000, and a mounded system would be approximately $7,000.

Commr. Stewart stated that due to the new regulations for the standard septic tank there is a requirement to be a certain distance above the ground water, and that most of the septic tanks in the Wekiva Basin require mounding. She commented that a standard septic tank for a three bedroom, two bath home requiring five loads of fill plus the dig-out would cost approximately $6,700.

Mr. Averett stated that the drip system allows a lower floor height of the house. He provided actual quotes from several septic companies ranging from Rob’s Septic for $9,400 which includes the first two years maintenance; Metro Environmental for $14,700; Abel for $13,000 installed with the first two years of maintenance being $500; All American Septic Tank $15,434; and the Averett system installed in Lakeland for $9,715 including tax. He stated that his system had been installed in a subdivision where the builder decided to go with the Hoot System and drip irrigation because it was less expensive than a conventional system.

Commr. Stewart presented questions to Mr. Averett she had received from citizens as follows: Does it use chemicals? (No, just air); Is nasty fluid sprayed out on the grass? (No, the water coming from these systems is crystal clear and there is no visible difference between it and tap water if placed in a glass. It is all underground, there is no spray irrigation - it goes through the drip tubes.); Does it require a separate electric meter? (No - his system uses 2 kilowatts per day which is about $.25 to run the system daily.); Are there cheaper systems available besides Hoot? (Yes, there are other Aerobic Treatment Systems out there that cost less.); Does it take up a lot of space in the yard? (No, drip irrigation can put a lot of water through it and use a very small area or you can spread the water out and irrigate a much larger area.); and, Is it effective in reducing the nitrogen down to the levels that are acceptable? (Yes, his system reduces the nitrogen level down to about 10 and then they are putting that lower nitrogen effluent in the roots of the plants where the plants will then take up the additional nitrogen at the 10 level. He commented that this is 10 mg. per liter, 10 parts per million, which is a very large difference.).

Commr. Stewart explained that she wanted the citizens who attended the meeting to know that while it does cost more in some cases the expense was not as dramatic as the figures they were given. She emphasized that the cost was not $15,000, $20,000, or $25,000.

Commr. Cadwell stated that the Resolution states that the Florida Legislature appropriated $1 million to the Department of Health (DOH) to obtain a multi-year study to evaluate cost effective nitrogen reduction systems and wanted to know why they were not just waiting until the study was completed.

Commr. Stewart explained that the reason they did not want to wait was that the DOH is moving forward right now with a rule change which says citizens will be required to install the new performance based treatment system septic tanks for all new construction, for all systems being modified or repaired, and for any real estate transactions. She stated that she was against this rule. She commented that she was definitely for protecting the environment and protecting the Wekiva River, but opposed to the proposed rule as it is written. She stated that the new systems are more expensive, not as drastically as citizens were told, but for them to have to replace septic tanks for so many different reasons would be a hardship and they could not price citizens out the right to live in, or sell their homes in the Wekiva Study Area (WSA) because of this rule. She explained that she was bringing this Resolution forward today because the Department of Health (DOH) is moving forward with it. She mentioned that the WSA is protected and in 2004 the Florida Legislature passed the Wekiva Parkway Protection Act (Act) which authorized building the parkway and provides protection to the Wekiva River system as well as requiring that a comprehensive approach be used to protect the river involving local governments, state agencies and the St. Johns Water Management District. She stated further that the Act also requires that the DOH address nitrogen reduction through appropriate onsite disposal standards. During that time, she reported that Orange, Seminole and Lake Counties were in agreement with it. She reported that nitrogen inputs to the WSA come from many different sources and equals about 6,500 tons per year going into the WSA. She commented that fortunately there have been some wastewater treatment facilities that have come up in the WSA that actually had met restrictive nitrogen treatment standards and accounted for nitrogen reduction in the area. For this reason, she stated that the wastewater systems which are in effect have helped improve the nitrogen going into the system, but it is still not enough. She explained that without those wastewater treatment facilities an additional 1800 metric tons of nitrogen could be put into the system annually.

Commr. Cadwell inquired as to how much of that figure was attributed by science back to the current septic tanks.

Commr. Stewart stated that the conventional septic tanks account for 12 percent of that nitrogen, but unfortunately that was not the whole story because the effectiveness of soil in getting nitrogen out of the system must be considered. She explained that when the treatment effectiveness of soil was considered, the percentage of nitrogen septic tanks put into the system goes up dramatically. She commented that when high water application is involved, as is in conventional septic tanks, the soil does not do a good job of removing the nitrogen and when that is considered, contributions to the nitrogen loading of ground water for septic tanks shot up to 39 percent. She explained that when all water, including ground water, in the WSA are considered the relative contribution to the total nitrogen load for septic tanks is 20 percent which is much higher than any other source of nitrogen in the WSA. She stated that these facts were not presented to the public at the meetings and could be found on the DOH website.

Commr. Renick stated that the big misunderstanding was that people think the County is passing a Resolution in support of the DOH’s request.

Commr. Stewart commented that citizens have been told that she supports this Resolution and that is absolutely not true. She explained that in February of this year the DOH announced the rule change language for the WSA which she explained earlier in the meeting. She stated that in March, after a lot of debate and much public comment, the Technical Review and Advisory Panel (TRAP) voted to table the issue pending completion of the study of the current pass of nitrogen reduction systems to new septic tanks. She went on to say that even though they voted to table it, the Chairman reminded everyone that TRAP is advisory only and that DOH may proceed with the rule making and has done just that. As she stated earlier, she opposes the rule change as it is written and Orange County Commissioners voted against it. She opined that this was not the best way to proceed because by saying “no” they would not have any input into what that rule should be, and it ignores the point that Orange, Seminole and Lake Counties committed to supporting nitrogen reduction in the WSA in 2004. She also pointed out that if there is going to be a rule change, it needs to be addressed. She quoted the words of Mr. Gerald Briggs Chief of the Bureau of Onsite Sewerage Programs for the DOH who, at Governor Crist’s request, responded to an email from a Sorrento/Mt. Plymouth resident which stated: “I have been asked to reply to your email to Governor Crist in regard to the Department’s proposed Wekiva Rule. The Department’s position is that the 2004 Wekiva Parkway and Protection Act requires the Department to promulgate a rule to achieve nitrogen reduction standards protective of water quality in the Wekiva Study Area. The Department stands behind both our 2005 and our 2007 reports on this issue. The science in both of these studies is sound. Onsite systems are a significant source of nitrogen in the Wekiva Study Area and the means exists to reduce this nitrogen load. While the current technology to reduce this nitrogen load is more expensive, it is effective. While the legislature has authorized additional studies it has taken no action to delay implementation of these standards.” Commr. Stewart explained that she wanted to have a means of negotiating with the DOH so they would know what she wants and they can get the best possible deal for the protection of citizens’ wallets and for the environment. She explained that her Resolution basically states that conversion to the new system will be required only for new construction or on the rare occasion when a conventional system fails. She mentioned that she would also ask that in the Resolution a reminder of the words in the Wekiva legislation be added stating that the DOH will provide a program for funding inspection and maintenance for those who must convert to the new system. She stated that Senator Lee Constantine has a Bill in the Legislature that would provide funding for those at, or below, 200 percent of the poverty level. She explained that Senator Constantine is working on financial help for those Lake County families of four with an annual income of $44,112 or less.

Commr. Renick explained that the Resolution was asking that they limit this for new development or in the event of system failure. She emphasized that they were talking about the whole system failure, not repairs, replacing a line, or having the septic tank pumped.

Commr. Cadwell noted that most of the rules and the mitigation of the Wekiva Protection Act were done in Lake County, not Orange and Seminole. During those discussions, knowing that the septic tank system was going to be an issue, Lake County assumed that when this day came there would also be some financial assistance tied to it. He stated that if they send this Resolution with Commr. Stewart’s Sections 1 through 4, there should be another Section added to say that since DOH is moving forward anyway, they should not continue spending $1 million on the study. He opined that they should stand together with the other counties after the study was done to promulgate a rule.

Commr. Stewart stated that she believed the studies were already done. She commented that she did not believe DOH would wait for the research to come in, but if they did postpone it and did not take an action, then this Resolution means nothing; however, if they were going to pursue it then at least they have had some say.

Commr. Renick stated that she thought they needed to revise the Resolution to add something about the study. She also was concerned that failure could be interpreted as just repairs since it did not say “complete system failure.” She suggested that they postpone the approval of the Resolution and come back with language which would make it very clear that they were not just talking about repairs, but that it would be a complete system failure before the new technology would be required. She also suggested talking to the DOH to share their concerns.

Commr. Cadwell was concerned about homeowners who could lose their house because they could not afford a septic tank, and opined that they needed some strong language regarding funding assistance.

Commr. Stewart also wanted to make the wording in that clause stronger and exact for it to be effective.

Commr. Hill pointed out that by State rules a full cost analysis is done, and that the study should include an economic impact assessment and perhaps a full cost analysis of the changes.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved postponing the Resolution at this time in order to revise the language as discussed.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:50 a.m.

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WELTON G. CADWELL, CHAIRMAN

ATTEST:

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NEIL KELLY, CLERK