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We have a very exciting season ahead of us. We have some great programs set up, some important projects to participate in and the return of many of our traveling friends. Many of us attend so many meetings that the Summer hiatus for LCCC’s regular meetings is welcomed. But by August the third Thursday seems to be missing something. What is missing is you. The people of LCCC make our meeting a bright spot on the calendar.
Be sure and check out our line up of meetings! We have some outstanding meetings planned. There are also several important items moving through various government agencies including Harbor Hills, sand mines, threats to the Wekiva, water mining, and an unprecedented water transfer. Check the website for the latest meeting notices and information. If you are able to keep an eye on our government by attending meetings please contact me.
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About a month ago an organization calling itself Florida Hometown Democracy, Inc, began circulating petitions to amend the Florida state constitution. It seems an astute lawyer in New Smyrna Beach has come up with an interesting strategy in the growth management wars. He wants the voters of Florida to pass an amendment that would mandate a referendum each and every time a change is made to an area’s Comprehensive Plan.
Government scholars would say that, in general, amending a constitution is a bad way to conduct political business. In ideal representative democracy, elected officials need flexibility to create the laws and regulations that their constituents need and an overly amended constitution limits that flexibility. But those of us who have watched the dilution of Florida’s Comprehensive Plans as the term “Growth Management” evolved into a license to sprawl, can be forgiven if we’ve reached the conclusion that what our elected officials really need is a little less flexibility.
After discussion, LCCC’s Board of Directors decided to support the Florida Hometown Democracy initiative. We’re including a copy of the petition to place the amendment on an upcoming ballot in this newsletter and we encourage our members to sign it and send it back.
Collecting the 500,000 signatures isn’t going to be hard part of this campaign. The opposition is lying low until the proposal is on the ballot and then they’re planning to empty their war chests . Some of what they say will be true: government by constitution amendment is not the best government, but if the amendment passes, then every elected official, lobbyist, and developer will have been served notice that the people of Florida care deeply about the future of this state.
Hopefully, the people of LCCC also care deeply about the lakes that give our county its name. There’s a second flyer included in this newsletter that invites everyone to help clean up our lakes on September 20 as part of the Ibini Tera project. (Ibini Tera, I’ve learned is a Timuacuan Indian phrase meaning “clean water.”) LCCC urges everyone who can volunteer to volunteer. Good works will be done, and the barbecue sounds pretty good too.
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Background for LCCC’s Upcoming General Meetings
At our September 18 general meeting Donna Morris will talk to us about the ways in which her passion for the environment dovetails with her love of animals. Donna Morris is a native Floridian who grew up in Lake County. Over 20 years ago she and her family founded and continue to operate Uncle Donald’s Farm as a public attraction in Lady Lake. The Farm features close association with domestic animals as well as native Florida wildlife.
One of Donna's specialties at the Farm is healing sick and injured animals. As a wildlife rehabilitator she has treated a wide variety of creatures including bobcats, raptors (hawks, owls , and eagles), snakes, alligators, turtles, and many songbirds. She has lots of stories to tell.
Donna helped restart LCCC in the 1980's and is a past President. She is a renowned cook and serves as a field editor for “Taste of Home” magazine.
Donna will bring some of the interesting animals from the Farm to her program
The speaker at our October 16 general meeting will be John Hankinson. John’s topic will be Federal Role in Environmental Protection.
John Hankinson served with distinction as the Regional Administrator of Region IV, United States Environmental Protection Agency from 1994 until 2001. John directed a staff of 1200 while managing a budget of $ 500 million. He administered EPA’s complex mission in the fast growing southeast region comprised of eight states and a population of nearly 50 million people.
His highest priority was working directly with states and communities to protect health, clean up contaminated land, and to give citizens a voice in environmental decision-making.
Trained as an environmental attorney, John served as a Staff Director in the Florida Legislature overseeing utility and energy regulation, and worked for Governor Bob Graham on growth and coastal issues. Significantly, while with the St. Johns River Water Management District he led efforts to acquire over 200,000 acres of conservation lands under Florida’s Save Our Rivers Program.
Currently John consults with both corporate and non-profit organizations on a variety of issues including environmental permitting, and brownfields redevelopment.
On November 20 the general meeting speaker will Lauren Ritchie. Ms Ritchie was born near Pittsburgh, Pennsylvania. She has a Bachelor of Science degree in journalism from Northwestern University. She started her journalism career at the Bradenton Herald in Bradenton, Florida. After a year she came to the Orlando Sentinel in 1980. At the Sentinel she has covered the courts, law enforcement, and government over the years.
Ms. Ritchie came to Lake County and served as the editor of the Lake Sentinel from 1996 to 2000 until her promotion to regional editor. She returned to Lake County and the Sentinel this year to write the popular and much discussed column entitled “Lake Front.”
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Not long ago, approximately May 2002, Lake County was in the midst of the worst drought ever recorded. At times the rainfall deficit exceeded 55 inches. Prognosticators, such as the Anonymous Limnologist, predicted a long recovery, especially in the Clermont Chain where it was thought to take 2 to 3 years before we could realistically see water levels return to normal. But then something unexpected happened… Rain! Lots and Lots of Rain!
In the 110-year period of record for Lake County, the highest annual rainfall was 68.09 inches recorded in Clermont in 1959. However last year, two of the Lake County Water Authority rain gage sites in the Green Swamp recorded over the record amount. The highest rainfall amount of the two, 84.47 inches, was recorded near the intersection of Highway 27 and County Road 474.
The record high rainfall resulted in the saturation of the wetlands in the Green Swamp and in high stream flows entering the Clermont Chain. The end result was the rapid recovery of water levels that no one, not even the Great Anonymous Limnologist, would have predicted.
Events such as these cause the Anonymous Limnologist to ponder. Hmmm… I wonder if some of the residents in some of the flood prone areas are aware of how fortunate they are to have a record drought preceding a record rainfall year. If it were not for all the additional flood storage that resulted from the drought, probably half of their homes would be fish attractors. Since some of the same people that called me with complaints during the drought are calling me now with flooding complaints, I doubt that they truly appreciate the fact that if it were not for the drought, they would probably be sharing a room with SeZor Shad.
Respectfully,
Anonymous Limnologist
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Member to Member
Quasi-Judicial Proceedings Defined & Explained
In dealings with state and county officials and procedures, citizens frequently find themselves dealing with quasi-judicial proceedings. Longtime member Dr Mary Anderson approached Melanie Marsh, an Assistant County Attorney in Lake County for a definition of “quasi-judicial”.
In 1993 the Florida Supreme Court clarified that local government boards sometimes act in a quasi-judicial capacity when approving development orders and permits. An indication that the board is acting as a quasi-judicial body is where the board is making a decision based upon the application of a particular regulation to a particular piece of property, rather than enacting a new regulation that affects all members of a community in essentially the same manner. As part of the quasi-judicial process, additional due process requirements come into play.
Generally, due process for quasi-judicial hearings includes proper notice of the hearing and an opportunity for the property owner or developer to be heard during the hearing. Part of providing due process historically included a prohibition against any ex parte communication between the board and the parties. Ex parte communications are generally defined as communications between the decision maker and a party outside the presence of the opposing party, or without copying the opposing party if the communication is in written form. However, in 1995 the Florida legislature enacted Section 286.0115 of the Florida statutes, which stated that ex parte communications may be allowed at the local govt level upon the adoption of local law incorporating the provisions set out in the statute. Such provisions include disclosing the substance of oral communications at the time of the hearing before a final decision is made, or by including a copy a written communication in the record of the hearing prior to the final decision.
On April 3, 2001 the Lake County Board of County Commissions (BCC) adopted such an ordinance allowing for ex parte communication between BCC members and interested parties to a quasi-judicial proceeding. The ordinance became effective on April 10, 2001. Therefore, the members of the BCC may discuss with individual parties to a case the merits of the case or the position of the party outside the presence of the opposing party. However, the BCC members must follow the statutory guidelines and disclose such communications at the time of the hearing, prior to a final decision being rendered. The ex parte allowance only applies to the BCC and not to any other board or commission under jurisdiction of the BCC.
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Noted Expert on Pollution-Linked Illness
Speaks at Lake Sumter Community College
In July of this year, The Harris Chain of Lakes Restoration Council invited Dr. Ritchie Shoemaker to speak about pollution-linked illnesses. Ann Griffin, a member who also sits on the Lake County Water Authority board, reports on Dr. Shoemaker’s speech.
Dr. Ritchie Shoemaker, M.D.–a family practice physician from the Chesapeake Bay watershed– is an expert on the human health effects from pfiesteria, a toxic algae, and other toxins. He graduated magna cum laude from Duke University with a B.S. in molecular biology , and later graduated from Duke Medical School. Dr. Shoemaker has written two books about pollution-linked illnesses–Pfiesteria, Crossing the Dark Water, and Desperation Medicine. He has said that “The ever-increasing use of chemicals in our contemporary lifestyle and change in landscape has helped to create new habitats for toxin-linked microorganisms.”
Dr. Shoemaker has worked with Dr. Ken Hudnell of the USEPA. Hudnell develiped the use of a Functional Acuity Contrast Test for detecting pollution-linked, neurotoxin-based illness, which Dr. Shoemaker uses for diagnosis of pollution-linked illnesses. Shoemaker has also developed a treatment for these illnesses, based on an FDA-approved substance called Cholestyramine.
Dr. Shoemaker said the first step for persons who think they have a pollution-linked illness is to see their private physician. A team of private physicians is needed to diagnose and treat such patients. Once the patients have been found, the next step is determining where their illness is coming from, whether it be from a lake or from another area. Then the source of the pollution can be remediated.
Dr. Shoemaker’s office address is: Dr. Ritchie Shoemaker, M.D., 500 Market Street, Suite 102, Pocomoke City, MD 21851-1171.
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Update on Toxic Algae
In the Harris Chain of Lakes
As part of the November 2002 newsletter we published an article about toxic algae in the Harris Chain of Lakes. At that time everyone was hoping that when rainfall returned to normal, contaminates and nutrients in the lakes would be diluted and that the toxic algae problem would disappear. That did not happen.
Along with the increased rainfall that began last fall, we have experienced some of the most significant harmful algal blooms since the monitoring started in September 2001 during the drought. Such major blooms occurred in Lakes Beauclair, Eustis and Yale. Some of these blooms lasted longer than blooms that had occurred during the drought.
Since last winter microcystin values in our lakes have reached the highest levels we have seen so far. You may remember from the previous LCCC article that microcystin is a liver toxin that also promotes tumor development. The toxic blue-green algae/ cyanobacteria Microcystis thrived during the cold weather and caused significant bloom events in some of our lakes. Populations of other kinds of blue-green algae including potentially toxic Cylindrospermopsis, which previously had dominated the Harris Chain, declined when the cold conditions started. The toxin cylindrospermopsin can attack several major organs of the body.
We need to correct some common myths about toxic algae in the Harris Chain of Lakes, so a true/false test is provided below to help update your knowledge of toxic algae:
TRUE OR FALSE?
- 1. The Harris Chain has extremely high levels of potentially toxic algae, but generally low levels of the toxins.
ONLY PARTLY TRUE…. We do have extremely high levels of potentially toxic algae, and often measurements of the associated toxins in the Harris Chain are near the World Health Organization’s guideline for drinking water. That guideline is one microgram per liter (or one part per billion.) However, measured values of the toxin microcystin in the Harris Chain sometimes have been 500 times the World Health Organization’s (WHO’s) guidelines for drinking water. - Actually, we do not really know what the highest values might be or how long the elevated levels of toxins persist. We just know what the toxin levels are at the discrete points in time when the water samples were collected. In part, this is because analyzing for these toxins is expensive. Under the Lake County Water Authority monitoring contract with Green Water Laboratories (aka CyanoLab, Inc.), algal toxins are not measured frequently enough to characterize the levels or persistence of toxins in our lakes. Within available funds Green Water Laboratories is able to analyze for toxins every other month—approximately 25 percent of all samples-- with a few extra measurements during some blooms. As we know from high school biology, populations of microorganisms can change dramatically on a daily basis depending on conditions.
- 2. The highest potential for adverse health effects is from exposure to toxic blue-green algal blooms/scums.
TRUE. Such scums are not rare in the Harris Chain of Lakes – especially along the shorelines. The following information is excerpted from a poster titled “Have you been slimed?” The Florida Harmful Algal Bloom Task Force developed the poster in cooperation with the Florida Fish and Wildlife Conservation Commission. In part, the poster says, “Contact with a toxic blue-green algae can make you sick…. Swimming in water with a toxic algae bloom can cause skin rash, runny nose, and irritated eyes… .Swallowing such water can cause vomiting or diarrhea, affect your liver, and poison pets….Never allow children or pets to play in or drink scummy water….Do not water ski or jet ski over algae mats….If you think you have symptoms that may be related to contact with blue-green algae contact your doctor or the Poison Information Hotline at (888) 232-8635.”
- 3. High values of algal toxins have not been found from one two-week monitoring period to the next.
FALSE…. This was true during the first year of monitoring, but recently harmful algal blooms and high levels of toxins occurred during consecutive two-week monitoring periods.
- 4. The toxins in Florida are different from those in other parts of the world.
FALSE…. The toxins found here are the same as those found in other parts of the world, and, if present, they are just as potentially harmful. Green Water Laboratories uses state-of-the-science protocols and standards developed by internationally recognized experts to monitor for algal toxins in Florida. Green Water Laboratories is an internationally recognized company and works on a daily basis with leading researchers in the USA and other countries.
- 5.Lake Griffin is the most contaminated lake in the Harris Chain.
FALSE….Water quality conditions in Lake Griffin actually improved late last year. The shad harvesting appears to have been beneficial.
- 6. Florida is the only state in the country that is experiencing toxic algae problems.
FALSE…. Green Water Laboratories has compiled data on the presence of cyanotoxins in 16 other states from coast to coast. Most of these toxins were microcystins. Other laboratories around the country are doing similar work, so the total number of states may be higher.
- 7. Blue-green algae have always been present in the environment, so this is nothing new.
PARTLY TRUE. Blue-green algae have been present in the environment for eons, but the incidence of harmful algal blooms has been increasing over the last decade or so. There are probably multiple causes of this increase in harmful algal blooms—for example global warming, population growth, encroachment into natural buffer zones, and higher levels of nutrients, pesticides and other contaminants in runoff from the land surface.
- 8. Red Tides are marine forms of toxic algae.
TRUE…. Floridians living along the coasts also are exposed to toxic algae.
- 9. There is no need to take action to officially warn the public when toxic algae blooms are present or to take other management actions because of potential adverse health effects from algal toxins in the Harris Chain of Lakes. FALSE….Responsible agencies including the Health Department do need to take appropriate action. The Centers for Disease Control and the USEPA are both concerned about the potential problems related to toxigenic blue-green algae. They are currently studying this subject. A table based on WHO guidelines for recreational exposure to water with blue-green algae (cyanobacteria) is shown below:
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Comparison of WHO Recreational Guidelines
With Conditions in the Harris Chain of Lakes
September 2001 -- Present
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* The WHO guidelines state that the actual action taken should be determined in light of extent of use and public health assessment
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There is currently a petition being circulated concerning changing the way County Commissioners are elected in Lake County. The change sought is to go back to what is known as single member districts. As it stands now we have what is known as At Large districts, where a County Commissioner must live in the District they represent but be elected by a majority of electors(registered voters) county wide. In Single Member Districts a County Commissioner must live in the District they represent but be elected by a majority of electors living in the same District.
For example next year Districts 1,3 and 5 are up for election. District 3 which includes Tavares will be elected by a majority of the 139,000 registered Lake County voters who actually vote. If the election is changed to Single Member then the District 3 seat will be decided by a majority of the 28,000 registered Lake County voters living in District 3.
In a Representative form of government we are organized into groups by political boundaries, we choose one among us to represent our interests as part of a governing body. During the civil rights era it became clear that At Large elections were a very effective tool for preventing the election of minority candidates. The result being that there were many elected bodies which lacked the diversity of the communities they were supposed to represent. Frequently it took a court order, but many elected bodies were changed from At Large to Single Member. This change resulted in the election of many minority candidates.
During the 1980’s a referendum was placed on the ballot in Lake County to change from At Large to Single Member and it passed easily and with little fanfare. A few years later the question was back on the ballot there was a well funded campaign and the voters decided in favor of At Large elections.
Personal contact is less expensive than mass media and offers the chance for real communication on the relevant issues. The other group is campaign contributors. If campaigns are expensive, and the money comes from outside the district, then the representative is responsive to the needs of those outside the District. To win a District election a candidate must be more responsive to the needs of those within the District than to those outside the District. Viewed mathematically it is easy to see the inequity of the At Large system. If the voters in a District want one person to represent them, they are only 1/5 of the electorate, therefore the other 4/5ths will decide the outcome. Who will best represent the district?
Despite the flip/flop on this issue, Single Member District election deserves careful consideration. However first it must win a place on the ballot. The petition currently being circulated can do that. Once on the ballot the real debate will begin. For additional information contact Mary Sharpe at 352-753-4086.
Why revisit this issue? There are three reasons cost, diversity, and representation. The first effect of going back to At Large Commissioners was a rapid increase in the cost of running a campaign. A county wide campaign has to reach voters from Astor to Mabel. This has meant a reliance on mass media and multiple direct mailings. The result has been that a campaign that used to cost $25,000 now routinely costs $75,000. Single Member Districts reduce both the geographical area that needs to be covered as well as the number of people that have to be reached.
The second benefit of Single Member Districts is the opportunity for diversity. Our diversity of ideas, experience and heritage has been the greatest strength of our nation. Few could argue that the experiences of Clermont over the last 12 years have been quite different than those of NE Lake County. A successful candidate for District 1 (North Lake County) cannot spent much time on the experiences of those living in Paisley, after all the greater number of votes come from Clermont, Leesburg and Tavares, (Districts 2, 5 and 3 respectively). A champion of innovative solutions may be able to prevail in a District election, but the daunting task of campaigning county wide discourages many from even trying. We all lose when fewer ideas are debated. Single member Districts provide the greatest opportunity for diversity.
The greatest benefit of Single Member Districts is the closer connection between the elected official and the District voter. Elected officials respond to the needs of two sometimes very different groups. One group is the voters. To win an election requires votes and the larger the area and or the population the greater the reliance on money to get those votes. In a smaller area, personal contact becomes more important.
Egor Emery, President
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Lake Legacy
A Land Acquisition for Lake County?
More than ever, Lake County needs an organized, funded program of land acquisition. Our green, rolling hills are being replaced by a sea of rooftops. Scenic rural areas are being lost to annexation and development. Remnants of ancient scrub, with all their unique species, are being scraped clean for strip malls. The paving of Lake County is happening at an alarming rate.
Land acquisition is the only solution. Buying land is the only sure way to save it. Legislators come and go, legislation changes, and regulations can be altered, but land that is purchased for preservation in perpetuity stays that way.
Recently Lake County government and citizens have been investigating land acquisition. On April 8, 2003, the Board of County Commissioners unanimously adopted the recommendations of ELMASC, the 27-member study committee of citizens charged with researching land acquisition.
The recommendations of this study committee include creating a land acquisition program to buy and preserve natural communities, historical sites, upland/water recharge areas, and passive recreational areas, with voter support by referendum and funding from ad valorem taxes. They also include creating a 9-member citizens advisory council to direct the program. This council has been appointed and is composed of citizens with specialties in biology, geology, local history, archaeology, recreation, and local culture.
In addition, the BCC unanimously voted to engage the services of The Nature Conservancy and the Trust for Public Land, two organizations which specialize in land acquisition, to poll the citizens of Lake County about land acquisition. The poll has been funded with citizens' contributions and is being prepared now. We should have the results very soon.
Land acquisition is good for everyone. People want to live near green areas because it makes their properties and their neighborhoods more desirable and valuable. Local businesses benefit when visitors come to Lake County for outdoor recreation, weekend retreats, and eco-tourist activities. Farmers and ranchers benefit from less-than-fee acquisition options that allow them to maintain their agricultural land uses. All residents take pride in a community where natural beauty and local character are preserved.
Perhaps an even greater benefit is for the environment. Natural areas provide wildlife with homes, food and shelter, and corridors of green space provide wildlife with the ability to safely move. Open areas provide water recharge for our lakes, our springs, and the aquifer.
But the most compelling argument for a land acquisition program is to get our share of Florida Forever money. Florida Forever is the state's land acquisition program. It is funded by documentary ("doc") stamps from real estate transactions all over Florida, including from Lake County. Only with a land acquisition program are we eligible to receive matching money from Florida Forever – to get back some of the doc stamp money we send to Tallahassee. Other counties' programs get that money now, doubling their land buying power – and Lake County gets none.
This is a rare opportunity to improve the quality of life in Lake County for everyone – for residents, for the business community, and for visitors who come to Lake County because it's a beautiful place. With our own land acquisition program, we will preserve some of Lake County's legacy for ourselves, our families, and for generations to come.
Terry Godts
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Thursday, September 18, 2003 7:00PM
LCCC General Meeting
Donna Morris, former LCCC president and proprietor of Uncle Donald’s Farm will speak about staying environmentally alert while tending both wild and domestic animals.
Location: The smaller room at the Eustis Community Center, 601 Northshore Drive, (entrance on Bay Street)
Thursday, October 16, 2003 7:00PM
LCCC General Meeting
John Hankinson, former Regional Administrator of the USEPA, Region IV will speak about the Federal role in environmental protection.
Location: The Magnolia Room in the Everett Kelly Conference Center at Lake-Sumter Community College
Thursday, November 20, 2003 7:00PM
LCCC General Meeting
Lauren Ritchie, columnist for the Lake Sentinel edition of the Orlando Sentinel will speak about what’s new on the “Lake Front.” .
Location: The Magnolia Room in the Everett Kelly Conference Center at the Lake-Sumter Community College
Thursday, December 18, 2003 7:00PM
LCCC General Meeting – Evergreen Party
Our annual pot-luck get-together! Please bring an entreé, salad, or dessert to share with your fellow members
Location: The larger room at the Eustis Community Center, 601 Northshore Drive, (entrance on Bay Street)
LCCC Board Meetings are normally held the first Monday of the month in the meeting room at the Lake County Water Authority starting at 6:00 PM. All members are invited to attend the board meetings, but the date sometimes changes. Please contact Egor Emery or Lynn Abbey to confirm the date and time.
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Lake County,
FL
