A REGULAR MEETING OF THE BOARD OF
October 6, 2009
The Lake County Board of
Pastor Paul Guthrie from North Point Fellowship gave the Invocation and led the Pledge of Allegiance.
Commr. Cadwell stated that the termination of the
Mr. Sandy Minkoff,
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to add those items to the Agenda.
Commr. Stewart mentioned that she would like to discuss with
the Board an item that may require a vote regarding a Resolution for Bicycle
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board moved to add that item to the Agenda.
On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 18, 2009 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Ordinance from the City of
Request to acknowledge receipt of copy of Notice of Public Hearing for Annexation regarding Ordinance No. 2009-10-38, from the City of Groveland, extending and increasing the corporate limits of the City of Groveland, by annexing 277.25+/- acres of land contiguous to and not embraced within the present limits of the City of Groveland.
The proposed Ordinance will be considered at the following public meetings:
The meetings will be held at the
Resolution from the Estates at Cherry Lake Community Development District
Request to acknowledge receipt of copy of Resolution No. 2009-11, from the Estates at Cherry Lake Community Development District, identifying its Board of Supervisor’s Meeting Schedule for Fiscal Year 2009/2010, as follows:
October 5, 2009
November 2, 2009
December 7, 2009
January 11, 2010
February 1, 2010
March 1, 2010
April 5, 2010
May 3, 2010
June 7, 2010
July 12, 2010
August 2, 2010
September 13, 2010
All meetings will convene at 2:00 p.m., at the office
of Booth, Ern, Straughan & Hiott, Inc.,
Budget for the Village Center Community Development District
Request to acknowledge receipt of copy of adopted Budget for the Village Center Community Development District for the Fiscal year 2009/2010, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.
Public Meeting Schedule for Country Greens Community Development District
Request to acknowledge receipt of copy of Notice of
Public Meeting Schedule for Country Greens Community Development District, in
accordance with Chapter 189, Florida Statutes, which are held on the fourth
Wednesday at 10:00 a.m., at the Hampton Inn,
October 28, 2009
January 27, 2010
March 24, 2010
May 26, 2010
July 28, 2010
September 22, 2010
Notice before the
Request to acknowledge receipt of Notice before the
Florida Public Service Commission, in re: Application for general rate increase
in water and wastewater systems in
Notice is hereby given by the Florida Public Service Commission that the action discussed herein, except for the reduction in rates in four years and proof of adjustment of the utility’s books and records, is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code.
Notice from Southwest Florida Water Management District
Request to acknowledge receipt of Notice from Southwest Florida Water Management District regarding Public Input Meetings for Update to Schedule for Establishment of Minimum Flows and Levels.
The Southwest Florida Water Management District invites your participation in the process to update its Priority List and Schedule for the establishment of Minimum Flows and Levels (MFLS). MFLs are the limits set by the District Governing Board for surface waters and groundwater intended to prevent significant harm to the water resources or ecology of an area caused by withdrawals.
Public meetings have been scheduled for 6:00 p.m. on the following dates:
· Tuesday, October 6, 2009, at the District’s Bartow Office (170 Century Blvd.)
· Tuesday, October 6, 2009, at the District’s Tampa Office (7601 Hwy. 301 N.)
Thursday, October 8, 2009, at the Brooksville
Thursday, October 8, 2009, at the District’s
Sarasota Office (
Mr. Sandy Minkoff,
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 15, pulling Tab 4 as follows:
Request for approval of the following Unanticipated Revenue Resolution and Check Request (Direct pay):
1. Resolution No. 200-144 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2008-09 in the amount of $50,013 deposited into State Alien Assistance Grant and provide appropriations for the disbursement for Contractual Services. Lake County has received its 2009 award of the State Criminal Alien Assistance Program (SCAAP) from the United States Department of Justice, Bureau of Justice Assistance, provided to states and localities and to be expended for correctional officer salary costs associated with incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least four consecutive days.
2. Approval of request from the Sheriff’s Office for
reimbursement from the 2nd $ Education Fund for allowable
educational and training expenses. The request exceeds the
Request for approval of the amended FY 2007-09 SHIP Annual Report; to direct the Department of Community Services to submit report to the Florida Housing Finance Corporation; and to authorize the Chairman to sign the amended SHIP Annual Report Certification and the SHIP Regulatory Certification.
Request for approval of annual grant funding for ten
(10) children’s service providers who have submitted applications for 2009-2010
County funds through the Children’s Services Council Request for Proposal (RFP)
process; request authorization for signatures on subsequent agreements
Request for retroactive approval of the FY 2008-09 SHIP and Hurricane Housing Recovery (HHR) Annual Reports; to direct the Department of Community Services to submit reports to the Florida Housing Finance Corporation; and to authorize the Chairman to sign the SHIP and HHR Annual Report Certifications and the SHIP Regulatory Certification.
Request for approval to accept the award for the Edward Byrne Memorial Bureau of Justice Assistance Technology Enhancement Project in the amount of $89,380. Designate Detective Corporal Todd Rowley as the Program Contact person and Allison Thall as alternate program contact person designated by the Board to serve as day-to-day contact on program related matters, including completing this application, accepting the grant award, reporting and other activities related to this grant. (This Program Contact person and alternate have the ability to bind Lake County to all terms and conditions related to this grant, including report requirements.) Authorize the Chairman to sign any related documents (as may be required) and approve the corresponding unanticipated revenue resolution.
Request for approval to continue the direct pay process for Fiscal Year 2009-2010 for the recurring Medicaid Nursing Home and Hospital invoices, Health Care Responsibility Act (HCRA) invoices, and inmate medical expenses.
Request for approval of Resolution No. 2009-146 adopting Lake County Health Department Fee Schedule for Fiscal Year 2009-2010
Request for approval and authorization of the Chairman of the Board of County Commissioners signing the contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department contract effective 10/1/2009 through 9/30/2010.
Request for the Board to approve and authorize the Chairman to sign the Second Amendment to the FY 2007-08 CDBG Partnership Agreement between the Altoona Charter School Inc. and the County.
Request for approval of School Impact Agreement between Shanti Niketan Developers, L.C.C. and Lake County, Commission District 3.
Request for the Board to approve the award of a Term & Supply contract to Loomis Armored US Inc., for the provision of armored car services.
Request for the Board to approve the award of a contract to Embarq Corporation for the networked upgrade of E911 IP equipment and services.
Ms. Kasie McAdams, Employee Services, presented the employee awards, commenting briefly about each employee’s service to the County.
Cindy Davis, Right-of-Way Agent II
Paul Doran, Stormwater Inspector
Dominic Zawilski, Park Specialist (not present)
Public Resources/Parks & Trails
Steven LaFleur, Fire Lieutenant/Paramedic
Public Safety/Fire Rescue
Robert “Harry” Romine, Equipment Operator III
Public Works/Road Operations/Maintenance Area III (Umatilla)
PRESENTATION OF RESOLUTION TO RICHARD OLSON
Mr. Jack Fillman, Lake County Fire Department, related that in 2005, the Lake Katherine Volunteer Fire Department was eliminated. He stated that Mr. Richard Olsen, a former member of the Volunteer Fire Department, was then contacted by Bank of America and informed that there were funds available in an inactive account leftover from before the organization ended, whereas Richard Olsen contacted the Department of Public Safety for assistance in tracking down previous members of the old Lake Katherine Fire Department and none were located. Mr. Richard Olsen then placed advertisements in two different papers in an effort to locate the previous members but no one replied to the advertisements, so he donated the funds in the amount of $8,453.15 to the Department of Public Safety Fire Rescue Division and asked that they be used for Lake County Fire Station #13 in Paisley. Mr. Jack Fillman stated that Richard Olsen has provided a great service to Lake County as a citizen. He expressed that the Board wished to recognize and applaud Mr. Olsen for this very generous donation to Lake County and its citizens. They also commended him for his humanitarianism and his integrity.
Mr. Jack Fillman, Lake County Fire Department, proclaimed that the Lake County Fire Department has teamed up with the National Fire Protection Association to initiate Fire Prevention Week of 2009, being held October 4, 2009 through October 10, 2009. He explained how the Great Chicago Fire began on October 9, 1871 and destroyed many structures. He expressed that the purpose of Fire Prevention Week is to remind everyone of the devastation that fire can cause and the simple actions everyone can take to make their homes safer. He stated that this year’s theme is “Stay Fire Smart and Don’t Get Burned” and this theme focuses on ways to keep homes fire-safe and prevent painful burns. In addition to this, fire safety educators will be teaching local residents how to plan and practice escape if a fire occurs in their home. He thanked the Board for recognizing fire safety week and for the support the Board has given to the Lake County Fire Department fifty-two weeks a year.
On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2009-136, proclaiming Fire Prevention Week 2009; October 4, 2009 through October 10, 2009.
Commr. Hill welcomed Ms. Candy Royce, BPW/North Lake President, and Ms. Nancy Hurlbert, Public Policy Chair, BPW/North Lake. Commr. Hill then proceeded to read the Domestic Violence Proclamation No. 2009-147. She stated that the Board has adopted this Proclamation in the minutes and she presented Ms. Candy Royce with the Proclamation.
Ms. Candy Royce thanked the Board for the Proclamation on behalf of the Florida Federation of Business and Professional Women.
RESOLUTION NO. 2009-148 HOUSING TRUST FUNDS
Commr. Renick stated that it seemed as though the legislature put a cap in place as they were preparing their budget. She expressed that she felt this was not an issue because there was no money available.
Commr. Cadwell explained that the fund was established to bring in money with dock stamps when houses were being sold. He opined that a trust fund was established and if this had been done locally somebody would be thrown out of office because money was being taken off the top. He mentioned that the trust fund was designed to build up a great amount of money so that when times were hard there would be more money to help people buy houses. He expressed that now that we need the extra money, which should be available to help people buy houses and help the real estate market, the money is being put into a general fund, where it is being taken off the top to balance the budget.
Commr. Renick questioned if this was something all counties were doing.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 4, Resolution No. 2009-148 supporting the elimination of the cap on the State and Local Housing Trust Funds and supporting full appropriation of the Housing Trust Funds for housing programs for FY 2010-2011.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
Clerk of the Court finance
Mr. Doug Krueger, Lake County Budget Director, asked the Board to authorize the Clerk of the Court to continue paying on the purchase orders that are rolled over from FY 2008-09 to FY 2009-10 until staff can get the adjustment to the Board appropriating the rollover purchase orders. He stated that it will be in the magnitude of twenty-seven million dollars before the fiscal year closed. He expressed that there may be some adjustments to that figure because the actual purchase orders that roll over may be different, but the goal is to allow the Clerk to continue paying those purchase orders so that vendors can get paid in a timely fashion. Mr. Krueger mentioned that this will also allow the Clerk of the Court to administratively adjust the account numbers on the purchase orders that will no longer exist in this fiscal year because of the reorganization and allow the moving of those purchase orders into the proper accounts. He noted that the Agenda item will not be presented to the Board until mid-November.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 19, authorizing the Clerk of the Court Finance to pay FY 2009-10 invoices related to FY 2008-09 carry-forward PO’s and any additional FY 2008-09 PO’s approved in accordance with County Policy and Procedures, from the FY 2009-10 adopted budget until such carry-forward funds become available. The Board also approved the Clerk of the Court Finance to administratively process PO change orders and budget transfers to place funds in proper accounts due to reorganization.
INTERLOCAL AGREEMENT BETWEEN MPO AND BCC
Mr. Ken Harley, Public Transportation Director, requested to enter an agreement with the Metropolitan Planning Organization in an effort to establish joint planning projects. He stated that the funding from these projects would come from the Federal Transit Administration. He mentioned that one of the projects would include an American Disabilities Act study updating the Transit Development Plan as well as an update to a Transportation Disadvantage Service Plan.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 20, approving the Interlocal Agreement between the Lake-Sumter MPO and the Lake County Board of County Commissioners for a regional transportation planning partnership for general transit planning services.
RESOLUTION 2009-149 UNANTICIPATED FUNDS
Mr. Ken Harley, Public Transportation Director, requested approval to accept approximately 2.2 million dollars from the Federal Transit Administration under the American Recovery and Reinvestment Act (ARRA) to help create and provide transportation services. He explained that in the current proposal, the funds were to be used to implement a van program, but after speaking with Commr. Conner, they are interested in utilizing a portion of the money for shelters as well as additional paratransit vehicles. He asked that the van program be delayed at this time.
Commr. Cadwell opined that the shelters were a good idea to increase ridership.
Commr. Renick commented that she believed it would be difficult to get the ridership if there were no shelters. She questioned if there were van pools that support the Lynx bus. She expressed her concern about the van pools and hopes they will not go away.
Commr. Conner remarked that in the Agenda, it is stated that “if the Board opts not to implement the van pool program then it is recommended that the funds be used to purchase additional paratransit vehicles and shelters.” He asked Mr. Harley if they were purchasing only shelters with the money or paratransit vehicles also.
Mr. Harley replied that they would be purchasing shelters and paratransit vehicles.
Commr. Cadwell noted that there was some available money for shelters already.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 21, approving to accept the American Recovery and Reinvestment Act (ARRA) funding the Federal Transit Administration and authorization to purchase the paratransit vehicles off of the State Bid List and authorization to purchase the transit vehicles from off of the State Bid List and the Lynx Bid. The Board also approved Resolution No. 2009-149 for Unanticipated Funds.
2010 COMPREHENSIVE PLAN AMENDMENT CYCLE
Ms. Amye King, Growth Management Director, reported that recently staff has been contacted in regards to comprehensive planning amendments, and in order to process those amendments, the Board is required by statute to adopt cycles for 2010. She expressed that staff has prepared a resolution and submitted it to the Board in their agenda packet. She mentioned that she received an email from the Department of Community Affairs (DCA) stating, “they find that no circumstances have changed since their resulting letter and their position of the prohibition of Lake County documenting the amendments to the Comprehensive Plan until your year based amendments for the first year have been adopted.” She explained that until the Comprehensive Plan is adopted, DCA still finds that there is a prohibition of Comprehensive Plan amendments to the adopted plan. She recommended that the cycles be adopted until the new Comprehensive Plan is adopted.
Commr. Cadwell commented that at this time no action would be taken.
AWARD RSQ 09-0028
Mr. Jim Stivender requested RSQ 09-0028 for on call services pertaining to contracts for various transportation services, signal design, and traffic studies in general.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 23, awarding RSQ 09-0028 for the on call continuing engineering services for transportation and traffic planning to GMB Engineers & Planners, Inc., HNTB Corporation, Kittleson & Associates, Inc. and Tindale-Oliver & Associates.
EMERGENCY OPERATIONS CENTER (EOC) CONSTRUCTION SITE
Mr. Jerry Smith, Emergency Management Director, expressed that he would like to discuss with the Board three possible Emergency Operations Center (EOC) construction sites. He asked the Board for advice on choosing one of the sites as an EOC construction site and asked for direction from the Board as to the proposals for architects to be able to use the state grant funding of $1,176,000 before the grant expires in June 2010.
Commr. Conner mentioned that he had a meeting with Mr. Smith on this issue and relayed that he did remember discussing site location but not architects.
Commr. Cadwell explained that Mr. Smith is asking for direction today on the architects.
Commr. Conner expressed that he would like preparation on that issue.
Mr. Sandy Minkoff, County Manager, noted that in order for him to move this project forward, the decision as to how big the building is would need to be determined to make sure that it fits on the chosen EOC construction site. He stated that unfortunately, the building is too large so it would be a requirement to go through Competitive Consultants Negotiations Act (CCNA). He explained that the request is to start the CCNA process so an architect can be obtained. He mentioned that more time needs to be spent with the Board to discuss what is in an EOC and to give some background before the County proceeds further.
Commr. Conner expressed that before direction is given to hire an architect, he would like for staff to make sure that the funding is in place to complete the project or at least have an anticipation of the money. He stated that he supported the project but wanted to make sure that if architects were hired, he would like evidence of the funding in place for the new building. He mentioned that he is not against giving authorization today to move forward with the architects if there was a time constraint but wanted to make sure that the project could be brought to the completion that is needed or at least have a game plan so that Step 2 is defined before Step 1 is completed.
Commr. Cadwell explained that this is what Mr. Minkoff would like also.
Mr. Minkoff expressed that the County does not have the architects to complete the program, but the estimated costs are needed so they can be compared to the dollars on hand.
Commr. Conner questioned if EOC sites were being built across the state.
Mr. Minkoff mentioned that the goal is to get someone who will take the County through the whole process, but the only task they will be given initially will be to work on the programming until the County knows how much money is available and what can be afforded so they can move forward.
Commr. Conner stated that he read there were many EOC sites being built in Florida. He noted that if some of those sites were identified, staff may be able to use a prototype and lower design fees substantially rather than having a redesign done. He asked that staff look into this and expressed that it would be wise to do the redesign if it is possible.
Mr. Smith explained that Osceola County, Marion County, Polk County, Martin County, St. Lucie County, and Hernando County have all recently gone through this process.
Commr. Cadwell expressed that he appreciated Mr. Smith’s comments and that the Board would comply with exactly what he was asking for. He noted the importance of this project and stated that when the last two hurricanes caused damage in Lake County, they shut down its EOC operations and now is the time to move forward.
Commr. Renick reported that the County has grant money for this project and she believes that an EOC site should have been built in 2008 after Governor Christ’s visit and his comments about the sky lights. She expressed that she understands the importance of this first step.
Commr. Stewart stated that some grant money has been lost and is currently in the appeals process, but the County does not wish to lose anymore.
Mr. Smith clarified that the hardening funds are currently under the appeal process at the FEMA Region in Atlanta, and having a site would allow for the County to have a defensive position for the appeal that would go to Washington.
Commr. Cadwell stated that the head of FEMA has visited the building in Lake County before.
Commr. Renick expressed that the current proposal is for a good site.
Commr. Hill commented that she appreciates Commr. Conner’s thoughts and explained that the funds have to be identified so the County does not lose $3.6 million in funding. She noted that it is extremely important to pick a site today so the process does not slow down. She mentioned that this would show the State that Lake County is ready to proceed, and picking a site that could be utilized very quickly was one of her major points with the first site selection. She described the proposed site, explaining that there are many pros to building an EOC there. She opined that the proposed site is a good site to lay the groundwork because it is ready to go and the building fits. She questioned where the communication tower was located.
Mr. Smith answered that it is located at the Water Tower System in Tavares.
Commr. Hill stated that downtown would be a plus for the site but she thinks the proposed site is an excellent site and expressed her concern for losing the funding we currently have. She expressed that she understands the County is required to have an EOC.
Mr. Smith reported that it is a requirement within the State Comprehensive Emergency Management Plan that the County has an EOC that is able to activate within one hour.
Commr. Hill explained that it would be cheaper to use another county’s plans but that staff should first identify Lake County’s needs because other counties utilize their EOC differently. She mentioned that analyzing current design plans will give staff an idea of cost ranges.
Mr. Smith clarified that he has been searching to find a site that would be adaptable to the County’s needs and has located a couple of different options.
Commr. Stewart commented that the EOC would need to be fully functioning within one hour. She expressed that the room that is now being used takes hours to be fully functioning, so moving forward with the EOC is critically important to the county.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0 vote, the Board approved Site A on Tab 24, directing staff to return before the Board with relevant information on the process.
VACATION PETITION #1124
Mr. Jim Stivender, Public Works, explained that Vacation Petition #1124 was previously approved regarding a fifteen foot easement granting access to a particular piece of property. He noted that the original road vacation included a large area that encompassed road rights-of-ways and the old underlying lot. He stated that the Board previously approved a fifteen foot easement that follows the county road, the alignment of the rights-of-ways, and the deviation of the property line to access the corner of that property.
Commr. Renick commented that the lot would never be a buildable lot, but she was trying to preserve the ability for Mr. and Mrs. Ector to have access to the lake.
Mr. Minkoff stated that he spoke with Mr. Ector last week and discussed that this would be a temporary easement. He reported that the intention is for the easement to disappear once the road is open to the public and at that time the only portion that would be left would be a portion that all properties could use because the County would be in charge of the rest.
Commr. Renick questioned if Mr. and Mrs. Ector would still have access to the lake.
Mr. Minkoff answered that they would still have access to the lake.
Commr. Hill clarified that the County is only doing a temporary easement for the Ectors and that they would have no entitlements to having a buildable lot.
Mr. Minkoff stated that the easement is temporary and eventually the easement would disappear but not to their property.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 25, approving a 15 foot wide ingress, egress and utility easement from Lake 64, LLC to Kris and Nancy Ector, which was a condition of approval of Vacation Petition #1124.
2009 WOMEN’S HALL OF FAME
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 26, the ratification of Doris Ragan and Alta Trask as the 2009 Women’s Hall of Fame inductees as selected by the Women’s Hall of Fame Committee.
REPORTS – COUNTY MANAGER
Mr. Sandy Minkoff explained that Tab 27 pertains to a policy change regarding limits on who can use the training room. He noted that the intent of the policy change is to ensure that the County will be able to get the EOC operating much more quickly if it is located off-site.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 27, approving updated Policy LCC-67 pertaining to the use of the Training Room.
BOARD OF COUNTY COMMISSIONERS MEETINGS
Mr. Sandy Minkoff recommended that the Board cancel its December 22, 2009 Regular Meeting due to Christmas and move its Zoning Meeting to December 15, 2009, having only two meetings in the month of December.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a vote of 5-0 vote, the Board approved Tab 28, to cancel the December 22, 2009 Board of County Commissioners meeting and move Zoning to the December 15, 2009 meeting.
HEALTH DEPARTMENT SELECTION COMMITTEE
Mr. Sandy Minkoff expressed that the Board has been asked to have a Commissioner participate in the Health Department Selection Committee Interviews. He mentioned that the interviews were to be held on October 21, 2009 and October 22, 2009 in the chambers. Mr. Minkoff requested that the Board nominate Jerry Smith to serve as staff liaison.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 5-0 vote, the Board selected Commissioner Stewart to serve on the Health Department Selection Committee and for Jerry Smith to be the staff liaison for the commissioner.
Mr. Sandy Minkoff stated that the new library branch manager has recommended a few site changes to the library hours in Astor and Paisley. He explained that Astor would close on Tuesday and Thursday at 8:00 p.m. rather than 7:00 p.m. and Paisley would open Monday and Thursday at 9:30 a.m. instead of 10:00 a.m., increasing their schedules by two hours per week. He mentioned that Cagan’s Crossing would also like to adjust their hours to add weekend hours. He noted that they would continue to remain open fifty hours per week but would close at 7:30 p.m. rather than 8:00 p.m. and would now open on Friday and Saturday from 10:00 a.m. until 4:00 p.m. Mr. Minkoff clarified that there is no budget impact with this issue.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a vote of 5-0 vote, the Board approved to adjust the operating hours for the Astor, Paisley and Cagan’s Crossing Libraries.
REPORTS – COMMISSIONER renick – district 2
HAINES CREEK RETESTING
Commr. Renick commented that she would like for the Board to give some type of direction as to retesting Haines Creek to ensure that the results no longer contain E. Coli. She stated that staff has taken steps to correct the problem but hopes the water authority can help out with this issue. She asked that staff bring something back to the Board in terms of whether or not it is possible to retest Haines Creek.
It was a consensus of the Board that they would like staff to present information to them regarding the retesting of Haines Creek.
FLORIDA FOREVER RESOLUTION
Commr. Renick stated that she has received a copy of a resolution from another city in favor of Florida Forever. She mentioned that she would like for Mr. Gregg Welstead to return with an example of a resolution for the Board to consider adopting.
It was a consensus of the Board that they would like to consider the adoption of the Florida Forever Resolution.
REPORTS – COMMISSIONER conner – DISTRICT 3
Commr. Conner stated that he wished to commend Commr. Hill for her outstanding speech at the grand opening of the Cooper Taylor Memorial Library. He mentioned that she acknowledged that the Library was built with taxpayer money and thought that was a very appropriate message.
Commr. Conner thanked Wendy Breeden and Greg Welstead for their oversight of the transition with the Museum to the Historical Society. He thanked Wendy Breeden for her attempts to obtain a replica of the medal of honor.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
Commr. Stewart asked that staff prepare official notification to the Sheriff in regards to the Historical Courthouse.
RESOLUTION NO. 2009-150
Commr. Stewart mentioned that efforts should be supported toward improving bicycle safety because they play an important role in the economy by bringing revenue into the County. She presented Resolution No. 2009-150 to support the efforts of Lake County and other local stakeholders to improve bicycle safety in Lake County.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a vote of 5-0 vote, the Board approved Resolution No. 2009-150, approving to support the efforts of Lake County and other local stakeholders to improve bicycle safety in Lake County.
Commr. Stewart announced that Mr. Mike Woods from Lake Sumter Metropolitan Planning Organization (LSMPO) was present.
Mr. Woods stated that the Lake County Bicycle Alliance is Saturday, October 10, 2009 at the Chamber of Commerce in Mount Dora as part of the Mount Dora Bikefest.
REPORTS – COMMISIONER CADWELL – CHAIRMAN AND DISTRICT 5
COMPREHENSIVE PLAN MEETING
Commr. Cadwell requested that next week’s workshop on the economic development portion of the Comprehensive Plan be rescheduled for the following meeting because the economic element is not yet completed.
Commr. Cadwell requested that the Board provide Mr. Minkoff with direction to bring back the options on the search processes for the County Manager position.
RECESS AND REASSEMBLY
The Chairman announced that there would be a ten-minute recess at 9:57 a.m.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COMPREHENSIVE PLAN – MINING
Ms. Amye King, Growth Management Department, stated that she would like to introduce the discussion, which was a continuation of the Mining Policy discussion, and turn it over to Mr. Rob Kelly, Ms. Peggy Cox, and Ms. Terry Godts.
Commr. Cadwell noted that the Board would absorb the information presented and then decide later on the issue.
Ms. Peggy Cox, resident of Lake County and member of the Audubon Society, thanked the Board for letting her express her remarks in defense of the proposed comprehensive plan conservation element and Green Swamp policies that prohibit any new sand mines within the boundaries of the Green Swamp Area of Critical State Concern (GSACSC). She noted that she is a rural resident of the Green Swamp, a representative of the Audubon Society Chapters in Lake County, and the Alliance to Protect Water Resources in South Lake County. She described the history of the Green Swamp and how important all of its resources are. Ms. Cox mentioned that the rivers that arise from the Green Swamp supply part of the water supply for Central Florida along with the Florida Aquifer. She commented that the GSACSC is the heart of the Green Swamp Ecosystem, and the 295,000 + acres in Polk and Lake Counties were designated in 1974 as an area of critical state concern, which is the heart of the Florida Aquifer. She reported that in addition to the state designation of an area of critical state concern, there are comprehensive state and county regulations to maintain the hydrologic integrity of the functions of the area of critical state concern. She explained that the area has been recognized as an important water supply since the 1950s, and wildlife has found a welcoming home in the vast rural acreage and undeveloped marshes and woods of the Green Swamp. She expressed that biologists consider the Green Swamp a wildlife corridor of importance and there are currently an estimated three hundred thirty species that populate various parts of the swamp. Ms. Cox noted that although sand mining may not greatly harm the aquifer, the process does change the typography and the hydrology of the site by destroying uplands, creating lakes, and leaving the land in a different natural state than what it began once the sand mines are gone. She expressed that the Green Swamp supplies the Clermont Chain of Lakes, which is of great importance in economic and environmental value to South Lake County and the City of Clermont. She remarked that in addition to the changes to the natural state of land, sand mines bring heavy equipment and large trucks rumbling into rural and natural areas, leaving more impacts that are not needed or wanted in the GSACSC. She explained that the future also holds other projected impacts that will effect not only our water supply from the aquifer and the rivers that arise in the GSACSC, but associate impacts to our local lakes and native vegetation from expected water withdrawals and changing land uses. She presented graphs from the St. John’s River Water Management District’s Water Supply Plan 2010 Technical Methodology Workshop and mentioned that most of Lake County is a Priority Water Resource Caution Area. She stated that she was deeply concerned about the importance of maintaining the GSACSC from future development impacts of all kinds.
Ms. Terry Godts, resident of Lake County, presented an economic report on the recent crash of Florida’s economy that has contributed to economic diversity, causing the resulting glut of homes sitting empty, and has demand for construction materials like sand so high. Ms. Godts stated that she felt obligated to defend this town’s natural resources and its residents for those who have no voice in these proceedings. She opined that natural resources are extremely valuable to this county, and few in our business community seem to understand this concept and only see the resources as valuable when they can be exploited for personal gain. She expressed that if the county’s natural resources become exhausted, the sand will be gone, mining will end, the natural areas will be destroyed, an unnaturally colored body of water will remain, and the mining company will move on to its next target. She noted that the sand mine that was left between Clermont and Groveland was once the other half of a marsh that naturally filtered clean water into the Clermont Chain of Lakes. She asked that the Board restrict sand mining to what is currently allowed in the area of critical state concern and support the prohibition of new sand mines in the Green Swamp for the benefit of this county’s natural resources.
Mr. Robert Kelly, Citizens Coalition of Lake County and Vice Chair of the Local Planning Agency (LPA), expressed that over the last few years, the LPA has joined efforts with myregion.org and the Metropolitan Center for Regional Studies and identified several jewels in Central Florida with the Green Swamp being recognized as one of them. He explained that Lake County is a major component of beach restoration efforts, thus helping to ensure the continued viability of our shorelines suffering from erosion. Mr. Kelly reported that the LPA is proposing that the current mines continue to operate under valid site plans and expand within the site plans they have. He related that by maintaining the current mines, the County will maintain the job and tax base, and there will be no economic impact. He clarified that this strategy provides a bridge until the economy is diversified, bringing many different types of jobs and moving to different types of industries. He commented that this strategy also provides an eventual phase out of mines in the Green Swamp and opined that this is a fair approach to move forward without impacting jobs or the economy but protecting the area and not expanding the mines. He stated that the current adopted Comprehensive Plan, Policy 7-13.1 states that “Prohibition of mining in specified areas, mineral extraction in the environmentally sensitive areas of the County which cannot be restored shall be prohibited.” He explained that under the policy that LPA recommended, in the second sentence, “Any new mines are prohibited” will be changed to read “All new mines are prohibited”. He noted that the second paragraph under the current policy reads “Sand mines are an allowable use in Transitional, Rural Conservation and Core Conservation land use categories” and this will be changed to “Expansion of existing mining activities within environmentally sensitive areas of the County shall be subject to the provisions of the Lake County Code and the approval of the Board of County Commissioners.” He expressed that the third paragraph in the proposed policy is currently in the policy under the Wekiva area and has worked there, so it might also be beneficial to use it for other sensitive areas. He specified that the current policy’s third paragraph states” Prohibition of new mines in the GSACSC” and will be changed to “The excavation of borrow pits within the environmentally sensitive areas of the County may be permitted only after approval by the Board of County Commissioners.” Mr. Kelly requested that the Board accept the change of the new policy so that there will be no new mines or expansion of the existing ones.
Ms. Linda Nagel, Director of the Home Builders Association, opined that the comments made previously by others were discriminatory and hoped the public officials will look at the facts and not be moved by emotional remarks that only serve to harm other people.
Mr. Michael Berry, Florida Rock Industries, provided a history to the Board regarding the prohibition of mining in Lake County approximately seventeen years ago. He explained that if mining had been prohibited then, the County would not have the critical local resources that are available now. He noted that the GSACSC have Department of Transportation (DOT) sand mines and that it is critical to have sand mines with DOT grade sand. He opined that although the area will change after the sand mine is completed; it will be changed to another type of land use. Mr. Berry asked that the Board consider the issues he spoke on when moving forward.
Mr. Jeff Schaffer, Weaver Voos Consultants, represented various peat harvesters and their concerns regarding the proposed Comprehensive Plan. He presented to the Board images of mines that are currently in progress. He stated that Florida harvests more peat than any other state with Lake County harvesting the majority. He reported that by administrative code and rules of Florida Department of Environmental Protection (FDEP), peat harvesting operations are required to restore the wetlands to a condition that is of higher value than when it was originally encountered. He explained that peat harvesting removes undesirable species and is required to restore desirable species and make a better habitat. He expressed that the peat harvesters only area of concern is the Wekiva Study Area, which is protected under Policy 4-3.5.3. He suggested that if the guidelines with the Department of Community Affairs (DCA) were met, then peat harvesting should be allowed within the Wekiva Study Area.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:05 a.m.
welton g. cadwell, chairman
NEIL KELLY, CLERK