The Lake County Board of County Commissioners met in regular session on Tuesday, January 15, 1991, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Catherine C. Hanson, Richard Swartz; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene Foran, Secretary.

MINUTES

Discussion occurred regarding the Special Minutes of December 13, 1990, with the following corrections being made:

Page 2, Line 4, Line 12; Page 10, Line 7 - the name "Roame" was changed to "Roane".

Page 3, Line 25 - delete "Semi-Rural would be designated;"

Page 3, Line 32 - add "performance" after the word "the".

Page 4, Line 10 - the name "McClain" was changed to "McLean".

Page 4, Line 30 - the name "Kirchman" was changed to "Kercher".

Page 5, Line 27 - the name "Brechenn" was changed to "Brecheen".

Page 6, Line 3 - delete "Leesburg" and insert "Yalaha".

Page 8, Line 1, Line 4 - the name "Lewis" was changed to "Bouis".

Page 12, Line 6 - the name "Bowan" was changed to "Bowen".

Page 15, Line 18 - delete "Semi-Rural".

Page 16, Line 1 - delete "the section between the three to five mile radius will be Semi-Rural".

Page 18, Line 6 - delete "Muck" and insert "MUQD".

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the Special Minutes of December 13, 1990, as amended.

Discussion occurred regarding the Special Minutes of January

7, 1991, with the following inserted on Page 3, Line 17: "The Board's consensus was there would be no minimum size for Rural Villages."

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the Special Minutes of January 7, 1991, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:

Accounts Allowed

Request for payment of Warrant No. 130213 through Warrant No. 130509, for the following accounts:

Landfills Pasco Fire District

General Revenue Mosquito Control

Countywide Fire District County Transportation Trust

Aquatic Weed Private Industry Council

South Lake Fire District Capital Outlay

Bassville Fire District Animal Shelter Trust Fund

Northwest Fire District Mt. Plymouth Fire District

Miscellaneous/Gas Fund Resort & Development Fund Tax

Commissary Trust Fund Countywide Library

Emergency 911 Fund Paisley Fire District

Section 8 Northeast Ambulance

Northwest Ambulance Law Library

Bonds-Contractors

New:

4925-91 Charles O. Comstock

4926-91 Leon Williams

4927-91 Roddy Michael Russell

4928-91 James Alderman dba General Concrete & Masonry

Courts-Judges

Satisfaction of Judgment, Case No. 88-1064-CJ, Martin Mendoza, Guillermo & Kathy Mendoza, in the amount of $50.00.

Contracts, Leases & Agreements/State Agencies

Request approval from the Board of County Commissioners for Interlocal Agreement between the Florida Highway Patrol and Lake County regarding maintenance of Radar Units, in the amount of $2,100.00.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Swartz, seconded by Commr. Hanson and

carried unanimously the Board approved the following requests:

Budgets/Bids

Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.

Resolutions/Mosquito-Aquatic Plant Management

Request for authorization by Mosquito-Aquatic Plant Management to prepare a resolution opposing reductions in State funding for Mosquito Management activities, with a letter from the Chairman to the legislature expressing concern.

Accounts Allowed/Contracts, Leases & Agreements/Mosquito- Aquatic Plant Management

Request for authorization by Mosquito-Aquatic Plant Management to enter into a lease agreement between Lake County and Linde Gases of Florida, and encumber funds at a cost of $90.00 per year.

Subdivisions/Zoning

Request for preliminary plat approval of Arrowhead Subdivision, with the PUD Ordinance calling for sidewalks, and the developer being made aware that this is a requirement of the PUD Ordinance. (63 lots in District 3)

Subdivisions/Zoning

Request for preliminary plat approval of Bristol Subdivision. (25 lots in District 5)

Subdivisions/Zoning

Request for preliminary plat approval of Wedgewood Club, Phases VI - IX. (159 lots in District 5)

Public Works/Roads - County & State

Request to change the following road names as follows:

Lake Drive to Fountain Lake Boulevard;

Lake Circle to Fountain Lane;

Lakeview Avenue, East Lake Court and West Lake Court to Lake Drive.

Bonds - Mobile Home

Request for authorization to accept mobile home bond and two travel trailers for Christos Anthony, Montverde area, District 3.

Bonds - Mobile Home

Request for authorization to cancel and reapply mobile home bond for Max Sonntag, Sorrento area, District 4.

Public Works/Right-of-Ways, Road and Easements

Request to accept the following Drainage Easement:

Aaron C. Edge and Annie Louise Edge, Dona Vista Park

Road Closings - Permission to Advertise

1. Request to advertise Road Vacation Petition No. 624 by Billy Martin to vacate portion of road, Old State Road 42, Deland area.

2. Request to advertise Road Vacation Petition No. 635 by B.A.W., Inc. to vacate portion of road, Plat of Dundee, Lady Lake area.

3. Request to advertise Road Vacation Petition No. 636 by Helen Knapp to vacate road, Plat of Ocala Forest Campsites #4, Altoona area.

4. Request to advertise Road Vacation Petition No. 637 by Jeanine Andrews to vacate easement, Silver Oaks Subdivision, Bassville Park area.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

JAILS/CORRECTIONS DEPARTMENT

Mr. Mike Anderson, Capital Improvements Director, appeared before the Board and presented an update on the progress and schedule of the Main Jail and the Courts Building.

Mr. Anderson explained the request to allow Barton-Malow to expand the scope of services of certain existing critical subcontractors presently working on the Main Jail to include the Courts Building. Mr. Anderson stated that, due to several factors, the schedule for completion and occupancy of the Main Jail will be moved ahead by three months and that completion of the Courts Building could be moved ahead of schedule by approximately five (5) months, if they would be allowed to negotiate the Courts Building contracts directly with certain subcontractors presently working on the Mail Jail. Mr. Anderson further stated that the five (5) months would generate an additional savings of $718,000.00 in cost.

Mr. Michael McCabe, Barton-Malow, appeared before the Board and introduced Mr. Andy Brooks, Assistant Project Manager and Mr. Johnny Vernan, General Superintendent. Mr. McCabe gave a brief presentation on the Prelude project.

Mr. Vernan presented charts comparing the original construction schedule to the current schedule, stressing the importance of continuity and flow between the Main Jail and the Courts Building. Mr. Vernan stated that the Courts Building and the tunnel leading to the Courts Building from the Main Jail, are fed from the central energy plant located in the Main Jail.

Discussion occurred regarding the bidding process, time delays involved in the bidding process, and the advantages of negotiating with certain subcontractors presently working on the Main Jail.

Commr. Swartz stated that, if the request is approved as stated, Commr. Gregg should stay involved through the negotiation phase to determine whether or not there might be a situation where the County is not getting the prices that should be quoted.

On a motion by Commr. Gregg, seconded with Commr. Bakich and carried unanimously, the Board approved the request to allow Barton-Malow to expand the scope of services of certain existing critical subcontractors presently working on the Main Jail to include the Courts Building, with Commr. Gregg's involvement through the negotiation phase.

BONDS - MOBILE HOME

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board moved for reconsideration of the request to accept a Mobile Home Bond and two travel trailers for Christos Anthony, Montverde area, District 3, which was previously approved within the County Manager's Consent Agenda.

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board to explain the request from Christos Anthony, Montverde area, to accept a Mobile Home Bond and two travel trailers.

Mr. Stubbs stated that the property in question is an island, and the applicant has plans to build a single family dwelling and a guest house. Mr. Stubbs further explained that presently there is a mobile home and two connected travel trailers on the property.

Mr. Stubbs stated that staff approved the expansion of the guest house from 300 square feet to 600 square feet, subject to posting a bond for the removal of the mobile homes.

Mr. Christos Anthony, the applicant, appeared before the Board, and presented pictures of the two travel trailers, stating that the trailers are connected with a screened in porch and there is one cooking facility.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the use of the two mobile homes that are connected, but limited to one dwelling unit, are not to be used as two dwelling units under any circumstance, and that the applicant post two bonds, indicating it is under the above stated conditions.

Commr. Swartz directed the County Attorney to look into the action taken by the Planning & Zoning Commission regarding this request.

PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 630 - Charles and Shannon Schell - Fruitland Park Area

Mr. Larry Taylor, Attorney, representing the applicants, appeared before the Board to explain the reason for this request, stating that there have been numerous break-ins on the petitioner's property, and the closing will afford a more reasonable access to the property of Mr. Eddie Boston, the only property owner affected by the closing of the roads in question.

Mr. Archie Lowery, Attorney, representing four property owners in the area, appeared before the Board in opposition to the request.

Discussion occurred from the Board regarding the legal access to the property of Mr. Boston and Mr. Barry and their property rights.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to postponed this request until February 19, 1991.

PETITION NO.632 - N. R. Bridges - Montverde area

Ms. Letha Vanning, representing the petitioner, appeared before the Board to discuss this request.

Ms. Vanning stated that the house has been on the property for 45 years, and the reason for the action to close the road is because of the code enforcement action against them, due to the fact that the house intrudes into the existing right-of-way.

Mr. Bill Harrington, representing Steve Kozachyn, appeared before the Board stating that Mr. Kozachyn opposes the closing. Mr. Harrington stated that a survey has been done, which shows that the petitioner's property is nine feet onto Mr. Kozachyn's property. Mr. Harrington stated that Mr. Kozachyn offered to give

Mr. Bridges the property if Mr. Bridges would pay the legal fees involved.

Discussion occurred from the Board regarding the exact location of the property in question, with staff stating that several surveys have been conducted with each survey varying as to the location of the house.

Mr. Warren Cheever, owner of lot No. 47 and No. 48, appeared before the Board in opposition to the request. Mr. Cheever stated that if he sells lot No. 47, there would be no access to the lot. Mr. Chever stated that he sent a registered letter to Mr. Stivender and wished for the letter to become a part of the record.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board moved to postpone action on this request until February 19, 1991, with staff directed to make a determination, either through working with the surveyor or the property owner, of the exact location of the house.

PETITION NO. 633 - John McNamara - Lady Lake area

Ms. Debbie Stivender was present representing the petitioner.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved Petition No. 633, John McNamara, to vacate plat, roads and lots, Harbor Hills, Unit 1, Lady Lake area, as advertised.

COMMITTEES/HEALTH & GENERAL SERVICES/RESOLUTIONS

Ms. Jerri A. Blair, Attorney, appeared before the Board to present a request to create a committee for the purpose of determining the feasibility of the creation of a Children's Services Council in Lake County.

Ms. Blair stated she was asked by the Florida Bar Commission for Children to present this proposal before the Board. Ms. Blair stated that the County is better able to determine its special needs for children, and that early intervention can reduce delinquency, dependency, and reduce the cost to the criminal justice system.

Judge Hugh S. Glickstein, founder and Chairperson of the Children's Services Council Committee of the Florida Bar Commission for Children, appeared before the Board to present a brief history of the Children's Services Council.

Judge Glickstein stated that one function of the Council is to serve as a "Needs Assessor", having a county-wide overview of the needs of the County's children, and how individual programs fit into that overview.

Judge Glickstein stated that the council would have authority to levy an ad valorem tax, not to exceed one-half mill, which would produce $1,666,956.61, based on the 1989 tax roll, to be used for children's prevention and treatment programs each year in Lake County.

Mr. Darryl Edwards, Board of Directors, Boys and Girls Club of Lake County, Inc., appeared before the Board to present a "Proclamation" in support of the Children's Services Council.

Ms. Cynthia Schumacher, League of Women Voters, appeared before the Board in support of the Children's Services Council.

Ms. Nora Thompson, a resident of Leesburg, appeared before the Board in support of the Children's Services Council Committee, stating she has worked for forty years in child development, and would like to volunteer her services to the committee in question.

Mr. Gary Petty, representing the Christian community, appeared before the Board in opposition to the Children's Services Council Committee, expressing concern for all children in the community. Mr. Petty stated that the Christian community feels that the Council is a good thing but that the wording is detrimental to the family unit.

Ms. Bonnie Root, a volunteer guardian with the Fifth Judicial Circuit Court, appeared before the Board in support of the Children's Services Council Committee, stating that she works with children that have fallen through the cracks, and there is a need for this service.

Mr. Roland Lewis, a resident of Okahumpka, appeared before the Board, in opposition of the Children's Services Council Committee, stating that there is a need to get involved with what is already available and not create another agency. Mr. Lewis encouraged the Board to study the statistics of the Children's Services Councils in other counties before making a decision on the formation of such a council.

Dr. Al Jacobson, a resident of Leesburg, appeared before the Board in support of the Children's Services Council Committee, stating that all agree on the basics that our children and our families are what is most important, and the goal is to form a committee so that the opportunity to control the County's own dollars is not lost.

Ms. Linda Rozar, a member of the Concerned Citizens of Florida Commission, appeared before the Board in opposition to the formation of a Children's Services Council, stating that programs should be directed at educating parents. Ms. Rozar named numerous support groups that are currently available to the children of Lake County, stating that, if the County has extra funds available, these funds should be used to help families with urgent health needs, food and shelter.

Ms. Andrea Bruno, Program Director for the Early Prevention Program, appeared before the Board stating that the Early Prevention Program currently serves fifteen children, and there are many more children that need services. Ms. Bruno stressed the lack of support services for families in Lake County.

Mr. Paul Harsh, a local resident, appeared before the Board in opposition to the formation of a Children's Services Council Committee, stating that he adamantly opposes Florida Statute 125.901, believes that the bill is bad for the family unit, and the formation of a committee would be a waste of time.

Mr. George Russ, Attorney, appeared before the Board in support of the formation of a Children's Services Council Committee, stating that the programs currently available in Lake

County are not meeting the needs of the majority of people and their greatest single problem is funding. Mr. Russ stated that the Children's Service Council is a proposed way to collect money at the local level, to determine the needs at the local level, to use local people to connect the resources with the needs and to solve the problems in Lake County.

Ms. Joyce Alderman, a local resident, appeared before the Board in opposition to the proposed Children's Services Council Committee, stating that she does not feel that the Council is "pro family", and further stated that the key word is not "children" but is "families".

Ms. Linda Sellers, a local resident, appeared before the Board in opposition of the proposed Children's Services Council, stating that the County is creating a new agency to collect more taxes.

Mr. Dale Kinsey, a resident of Clermont, appeared before the Board in opposition to the proposed Children's Services Council Committee stating that, if this bill is designed to help and strengthen the family, why is there no reference to the consent of the parents or the guardian to allow their child's involvement in the services of the Council.

Ms. Juanita S. Lebarron, a resident of Mt. Dora, appeared before the Board in support of the proposed Children's Services Council Committee, stating that she feels confident that only those who ask for help will be helped.

Ms. Louise Brown, a resident of Mt. Dora, appeared before the Board in opposition to the Children's Services Council Committee, stating that she has no confidence in those who are advocates of children's rights, further commenting that they should concentrate on cleaning up television programming, pornography, etc.

Ms. Paulette Alexander, a resident of Mt. Dora, appeared before the Board in support of the Children's Services Council Committee, stating that there are no services or funding available in Lake County for the abused child or for the family of the abused child.

Ms. Lynn McClure, a local resident, appeared in opposition to the proposed Children's Services Council Committee, stating that Florida Statute 125.901 takes away the rights of the parents.

Mr. Roger Conner, a resident of Tavares, appeared before the Board and asked how the Children's Services Council would be funded, stating that Bible reading and prayer should be put back into our schools, and we must get back to basics.

Ms. Blair responded to the question of funding, stating that in addition to ad valorem taxation, funding through grants from federal or state government could be made available.

At this time, petitions were presented to the Board in support of and in opposition to the proposed Children's Services Council.

Commr. Bakich stated that if the Board should decide to approved the formation of a Children's Services Council Committee, a committee will be appointed to study the need for a Council in Lake County, they will then present their study to the Board, at which time the Board will determine whether to put the issue on the ballot for support. Commr. Bakich stated that the intent of the Council will be to provide additional funding and to address some of the problems of the County through various support groups.

Commr. Gregg stated that he has questions regarding the 1990 Supplement to Statute 125.901, which indicates that the Board has the right to veto, in some cases, or override the budget, and directed the County Attorney to provide insight into this issue.

Commr. Gregg stated that, if the Board should approve the formation of a Children's Services Council Committee, a "Sunset" within twelve (12) months should be included and that members selected to the committee represent a cross section of the community. Commr. Gregg further stated that the Board then has the right to decide whether to put this issue of a Children's Services Council on a referendum.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to establish a committee in Lake County, with staff directed to prepare a Resolution outlined

as follows: 1) assess the needs of children and families in Lake County; and that in the assessment of the needs, there will be held, by this committee, public hearings and public meetings; 2) committee will review the existing programs and services that are available to families and children in Lake County, whether they be State Agencies, Federal Agencies, Local Agencies, Private Agencies, or Church Agencies; 3) committee will determine what needs are not being met, where there is overlap, is there a better way to coordinate the existing services, and the committee will then examine the alternatives, address those needs as identified and an examination of those alternatives would not be specifically oriented in Florida Statute 125.901, but would include analysis of that statute, both from the standpoint of an independent district or a dependent district, and the committee will look specifically at other programs, both dependent and independent, and look further at whether or not a special act of the legislature would create what is needed to serve the needs of our children and families in Lake County; 4) committee will be a citizen's panel of eleven (11) members, two (2) members appointed from each County Commission District, Chaired by Commr. Catherine C. Hanson; 4) All meetings will be public meetings, and tape recorded, and will allow for public comment and there will be public hearings; 5) with a time-frame of six (6) months, subject to staff review; and 6) committee will provide analysis of funding/other resources.

Commr. Swartz suggested that the County advertise for people who are interested in serving on the Children's Services Council Committee, with Mr. Al Thelen, County Manager, stating that the Resolution will be brought back before the Board on February 12, 1991 for consideration.

EDUCATION/RESOLUTIONS

Mr. Lonnie Strickland, Director, Health and General Services, appeared before the Board and read a Proclamation on Martin Luther King Day.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the request for acceptance of a Proclamation on Martin Luther King Day.

Mr. Harley Herman, Chairman of the Martin Luther King Planning Committee, appeared before the Board and recognized members of the committee that were in the audience. Mr. Herman extended an invitation to the Board of County Commissioners to join them on Saturday, January 19, 1991 for the presentation, which is to be in front of the "Old" Courthouse.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)

ACCOUNTS ALLOWED/GRANTS/ENVIRONMENTAL SERVICES

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signatures on grant agreements with the Department of Environmental Regulations for FY 1990/91 Recycling and Education Grant, in the amount of $283,425.00, and FY 1990/91 Waste Tire Grant, in the amount of $81,874.00.

Commr. Gregg was absent for the vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES LIBRARIES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signature on the Interlocal Agreement between the Lake County Board of County Commissioners and the City of Tavares, relating to provisions of administrative services for the Lake County Library System, and to encumber funds in the amount of $13,275.00.

Commr. Gregg was absent for the vote.

PUBLIC WORKS/MUNICIPALITIES

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to advertise an exchange of properties in Okahumpka.

Commr. Gregg was absent for the vote.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to authorize and award Project #9-91 Bridge Repairs on Lakeshore Drive, in Eustis, and Lakeshore Drive, in Clermont, to Superior Asphalt Company, Inc., and to encumber funds out of CTT funds, in the amount of $101,109.00.

Commr. Gregg was absent for the vote.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the ratification of financial items which needed to be paid prior to the Board meeting.

Commr. Gregg was absent for the vote.

APPOINTMENTS-RESIGNATIONS

It was the consensus of the Board to advertise the expired terms of members of the various Lake County Boards and Committees up for reappointment.

RESOLUTIONS/EDUCATION

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the Proclamation declaring January 18, 1991 as Lake County Arbor Day.

Commr. Gregg was absent for the vote.

RESOLUTIONS

It was the consensus of the Board to postpone action on the approval of a resolution on the Blue Belt Amendment.

RESOLUTIONS

It was the consensus of the Board to postpone action on a format for an Agricultural Task Force.

COUNTY ATTORNEY'S BUSINESS

SUITS AFFECTING THE COUNTY

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to retain the firm of Eubanks, Hilyard, Rumbley, Meier and Lengauer, and to notify other

Lake County members of the Bar, that specialize in personal injury, that they will be added to the list.

Commr. Gregg was absent for the discussion and vote.

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a motion has been filed to dismiss the petition, regarding the Wekiva River Administration Hearing, which was scheduled for January 23 - 25, 1991. Ms. Lustgarten stated that the motion to dismiss the petition has been granted, with a sixty (60) day time period for an amended petition to be filed.

OTHER BUSINESS

ZONING

Mr. Al Thelen, County Manager, distributed a copy of a letter received from the representative of Bronson Farms, asking for a delay in the public hearing that is scheduled for January 22, 1991. It was the consensus of the Board not to postpone the hearing.

RECESS & REASSEMBLY

At 12:50 p.m., the Chairman announced that the Board would adjourn and reconvene at 5:00 p.m. for the Public Hearing on the transmittal of the Comprehensive Plan.

COMMITTEES/PLANNING & DEVELOPMENT

LAND USE ELEMENT OF THE COMPREHENSIVE PLAN

The Chairman, Commr. Bailey, stated that the Public Hearing would be on the transmittal of the Lake County Comprehensive Plan, and called for a moment of silent prayer for those serving our country in the Middle East.

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board with comments regarding the Transmittal Hearing for the Lake County Comprehensive Plan, and reviewed the procedures set forth for the transmittal of the Plan.

Mr. Swanson presented a chart and reviewed the many stages that will take place between now and when the Comprehensive Plan is adopted.

The Chairman opened the floor for public comments on the Future Land Use Element.

Ms. Dory Hostettler, representing Lake County Coalition, appeared before the Board in opposition to the Future Land Use Element, stating that the County Commissioners have the power to let Lake County live in peace and prosperity, and requested that the Commissioners throw out the plan.

Mr. Hal Turville, member of the Lake County Conservation Council, appeared before the Board in opposition to the Future Land Use Element and presented a list of objections that address all of the issues of the Comprehensive Plan.

Ms. Pat Leonard, member of the Conservation Element Committee, appeared before the Board in opposition to the Future Land Use Map, stating that the map was drawn up with disregard to the Conservation Element, further stating that the Future Land Use Element is to be dependent upon the Conservation Element to provide information and guidelines for suitability of lands for development. Ms. Leonard further commented that the map is promoting one great city.

Ms. Rosemary Purdum, a local property owner, appeared before the Board expressing her concern for the Employment Center located near the Leesburg airport system, with a brief discussion from the Board regarding the Employment Center in question.

Mr. Steve Knowles, representing the Lake County Farm Bureau, which is comprised of more than 2,000 families, appeared before the Board in support of the Future Land Use Element and presented a letter from the Directors of the Lake County Farm Bureau in support of the Lake County Comprehensive Plan.

Mr. Leo Steinmets, a resident of Lady Lake, appeared before the Board and addressed the issue of vesting plats prior to 1976, with the County Attorney stating that plats recorded prior to January 1976, for which building permits have not been issued, are not vested; if any permits have been issued and development is started, that plat would be vested.

Ms. Cynthia Schumacher, President of the Lake County League of Women Voters, appeared before the Board to express concerns and objections to the Future Land Use Map. Ms. Schumacher stated that, on behalf of the members of the League, they are very pleased to see the citizen involvement that has taken place in the governmental process. Ms. Schumacher further expressed concern that the various elements do not appear to be interconnected.

Ms. Noelle Valentine, a resident of Leesburg, representing the Voices for Animals, appeared before the Board in opposition to the Future Land Use Element, stating that the plan does not leave enough open space for wildlife, thus being responsible for several endangered species, such as the Florida Panther and the Black Bear. Mr. Ed James, representing the Young Farmers and Ranchers of Lake County Farm Bureau, appeared before the Board in support of the Comprehensive Plan, and presented a letter stating that the Young Farmers and Ranchers support the Plan because it protects the value of agricultural lands to insure their continued ownership for investment, it protects the value of agricultural lands to allow leveraging of these properties to produce necessary operating capital, protects the fragile environment, and provides incentives to continue agricultural activities by protecting capital investments at personal risk.

Ms. Melanie Peter, a local resident, appeared before the Board in opposition to the Future Land Use Element and asked that the Board carefully consider their vote, and use their power to deliver a pleasant and environmentally sound future for Lake County.

Mr. Buddy Graham, a resident of Lake Yale, appeared before the Board to discuss the vesting issue and stated that the time limit of eighteen (18) months is not sufficient time to summit a preliminary plat. He further stated that he feels property owners with zoning in place should be given five years (5) to summit a preliminary plat.

Mr. Jay VanderMeer, a local resident, appeared before the Board in support of the Future Land Use Element, stating that the

plan will help the economy of Lake County and will support private property rights.

Mr. Frank Gaylord, Board of Trustees, Stetson University, appeared before the Board and presented a map that represented a tract of land at Hwy. 42 and Hwy. 44 that Stetson University is interested in developing into a possible Rural Village.

Mr. Mark Whitaker, Vice President of Stetson University, appeared before the Board and requested, on behalf of the Board of Trustees, the Board's consideration to allow them to designate the 900 acre tract of land at Hwy. 42 and Hwy. 44 into a Rural Village Concept.

Ms. Gena Swartz, member of the Executive Committee, appeared before the Board and stated that the major flaw of the Future Land Use Element is the assumption that it will create land development regulations that will provide for orderly growth. Ms. Swartz stated that the plan needs policies and objectives which are measurable, stated in a specific, unconditional manner and a description of the activities, programs, and land development regulations that will implement the plan.

Ms. Jennifer D. McMurtray, a resident of Eustis, appeared before the Board in opposition to the Future Land Use Map, stating that the map encourages too much growth, further stating that the policies and objectives in the Conservation Element are not reflected on the map.

Ms. McMurtray, also representing the Friends of Wekiva, stated that they want to go on record in opposition to the Future Land Use Map and would like to see the rural character of the County and the County's natural resources protected.

Mr. Wayne Scott, a local resident, appeared before the Board in opposition to the Future Land Use Element, reflecting on the freedom that our forefathers enjoyed and their ability to do with their land as they wanted, further commenting that freedom will be taken away, unless the people mandate the rules for a better nation.

Mr. Dale Ladd, a local resident, appeared before the Board stating that the plan is increasing greatly the cost of living and not favoring developers.

Ms. Kathleen Cook, Lake JoAnna Drive, appeared before the Board in opposition to the Future Land Use Map, stating that the map, as is drawn, is encouraging growth, which will result in Lake County becoming a suburb of Orlando, with the rights of the people not being considered.

Mr. Mark McLean, a resident of Clermont, appeared before the Board and addressed the issue of the Green Swamp development rules, and asked if the County will be developing their own development rules, with Ms. Annette Star Lustgarten, County Attorney, responding that the State has jurisdiction over site plan review until the Commission adopts those rules into the Land Development Regulations.

Mr. Bill Kercher, with the firm of Glatting Lopez Kercher & Anglin, representing Lykes Development, appeared before the Board stating that Lykes Development would like to request that three sections of land, presently designated as "Snowflakes" on the Future Land Use Map, be designated as Urban Expansion.

Mr. Steve Richey, Attorney, representing a number of Lake County property owners, appeared before the Board in support of the Future Land Use Element, stating that the Future Land Use Map is controlled by the total Comprehensive Plan. Mr. Richey expressed concerned that the wording on the Transportation Corridor, between Leesburg and Tavares along Highway 441, is deficient.

Mr. Richey, representing Carson Groves, presented a map of their Comprehensive Plan showing a suburban designation just north of Lake County's DRI, and suggested that Lake County reincorporate the area into the current Future Land Use Map.

Ms. Lisa Rutzebeck, a resident of Clermont, appeared before the Board in support of the Future Land Use Map, stating that she is a major land owner and feels the County Commissioners have done the best job they can.

Mr. Greg Beliveau, Land Planning Group, appeared before the Board and presented copies of two letters that were addressed to Mr. John Swanson, one of which outlines suggested changes to the point system, and one with suggested changes to the Rural Village draft.

Mr. William (Bill) Ray, representing a number of property owners in Lake County, appeared before the Board in support of the Future Land Use Element, stating that the performance standards in the various elements of the Comprehensive Plan give the safety that is required to insure the public's health and welfare.

Mr. Dick Wells, representing Lykes Development Corporation, appeared before the Board and pointed out an area adjacent to the City of Montverde that was designated Urban and Urban Expansion on Maps 1 through 5 and deleted from Map 6, stating that he feels this is an error and should be corrected due to the density.

Ms. Susie Bergman, a native of Lake County, appeared before the Board in support of the Future Land Use Map, and requested that the Board consider expanding the time period for vesting due to the economic times we are in.

Mr. Tex A. Merritt, a local property owner, appeared before the Board and addressed the vesting issue as it relates to his property, with the Board stating that Mr. Merritt's property is vested with the exception of the property zoned M-1, which is not vested without a site plan.

Mr. Dave Clapsaddle, Springstead & Associates, Inc., appeared before the Board to address the vesting language, which covers PUDs, as stated in the Revised Policies document. Mr. Clapsaddle asked if development must be started on the PUD prior to July or August, and what happens if development is not started. The County Attorney responded that if the PUD is inconsistent with the land use designation, development would have to be started, if the PUD is consistent with the land use designation, the PUD Ordinance would apply to the property and time frames within the Ordinance. Ms. Marian McKinney, representing property owners in the

Lisbon area, appeared before the Board and presented petitions from property owners requesting that the Lisbon area be kept at the status of a Rural Village with four (4) units per acre and with central water.

Mr. Ed Bergman, a property owner in Lake County, appeared before the Board in support of the Future Land Use Map and stated that the map is supportive of private property rights. Mr. Bergman questioned if the west end of the Commercial Corridor on Hwy. 441 ties in with Hwy. 44-C, Leg A, with staff stating that the intent was to go from Hwy. 44-C, Leg A to Tavares City Limits, not west of Hwy. 44-C, Leg A, due to the fact that when the corridor was originally drawn, the commercial area was not legally defined.

Ms. Deborah Shelly, property owner in the Howey-in-the-Hills area, appeared before the Board in support of the Comprehensive Plan, but stated that she objects to the urbanization of the majority of the rural areas in Lake County as depicted on the Future Land Use Map.

Mr. Rex McPherson, representing his family, appeared before the Board in support of the Future Land Use Map, stating that they have either lived or owned property in the County since the 1920s, and feel the map is a fair map. Mr. McPherson stated that they have a piece of property that has three (3) designations within the one contiguous property and requested that the Board address this issue.

Mr. Dick Seron, Tavares, appeared before the Board in opposition to the Future Land Use Map, stating that he feels the map is inadequate and that the conservation and environmental issues were not considered when drawing the colors on the map.

Ms. Julie Faye Rogers appeared before the Board in support of the Future Land Use Map, stating that the map is a good beginning.

Mr. Glenn Tyre, Lake County native and representing Citizens for Positive Growth, appeared before the Board in support of the Future Land Use Map. Mr. Tyre addressed the issue of density, stating that, in developing Sand Hills, the density was far less

after the easements, roads, utilities and wet areas were taken into consideration, than was originally projected.

Ms. Cecelia Bonifay, Attorney, representing a number of clients, appeared before the Board in support of the Future Land Use Element, stating that it is a trade-off between economics and the environment. Ms. Bonifay stated that in Policy 1.11.4, Designation of Rural Villages, the language "or PUD Process" should be added.

Mr. Greg Tigh, a local property owner, appeared before the Board in opposition to the Future Land Use Element, expressing concern for five lakes located in the north section of Lake County, stating that overpopulation in the area will result in disaster to the lakes in question.

Mr. Dick Toole, a resident of Groveland, appeared before the Board stating that he has 350 acres of wetlands that will never be developed, and feels he should be able to develop his land as he wishes.

Mr. Buck Carson, a property owner, appeared before the Board in support of the Future Land Use Element, requesting that consideration be given to restoring the suburban zoning to the "Monterey" area, with Commr. Gregg stating that staff has been directed to take a look at existing DRIs in the "Monterey" area.

Ms. Dorothy Shipes, a property owner in Lake County, appeared before the Board in support of the Future Land Use Element, stating that the plan supports property rights and allows for development of the farm lands that can no longer be productive as farm lands.

Mr. Karick Price, a property owner, appeared before the Board in support of the Future Land Use Plan and stated that the property owners need to have the opportunity to develop their property.

Mr. Bill Dameron, a resident of Clermont, appeared before the Board in support of the Future Land Use Element and the Future Land Use Map. Mr. Dameron stated that there are no guarantees of what will happen in the future, criteria is provided to prohibit random development and the County needs to look at reality and move ahead.

Mr. George Pringle, a property owner, appeared before the Board in support of the Future Land Use Element, stating that the County is faced with growth and growth can not be stopped.

Mr. Frank Bouis, a property owner, appeared before the Board in support of the Future Land Use Element, stating that it is time to stop thinking about ones self and start thinking about Lake County as an organic unity. Mr. Lewis further commented that a petition is being circulated around the room for signatures of those who support the plan and are willing to write letters to the Department of Community Affairs and perhaps go to Tallahassee in support of the plan.

The Chairman closed public comments on the Future Land Use Element.

The Chairman opened the floor for public comments on the Traffic Circulation Element.

Mr. Warren Krughoff, a resident of Leesburg, appeared before the Board in support of the Traffic Circulation Element stating that energy efficiency will need to be addressed in the future, and changing the road designations from Level of Service B to Level of Service C encourages suburban development.

Mr. Greg Beliveau, Land Planning Group, representing the City of Fruitland Park, appeared before the Board in support of U.S. 441 being designated as a Special Corridor for Level of Service D, due to the fact that Fruitland Park will be petitioning that the segment running through Fruitland Park be classified as Urban and not Rural.

Ms. Cecelia Bonifay, Attorney, representing property owners in Lake County, appeared before the Board in support of the Traffic

Circulation Element, stating balance has been achieved in the element.

Mr. Rodney Lyons, a resident of Clermont, appeared before the Board and asked if there were plans to upgrade the bridges in the Clermont area that currently have weight restrictions, with Commr.

Swartz stating that two bridges are currently in the process of being upgraded in the area in question.

The Chairman closed the public comments on the Traffic Circulation Element.

The Chairman opened the floor for public comments on the Mass Transit Element.

Ms. Cecelia Bonifay, Attorney, appeared before the Board stating that the Mass Transit Element works hand in hand with the Future Land Use Element, further commenting that urban nodes and urban areas will have to have sufficient density to support mass transit.

The Chairman closed the public comments on the Mass Transit Element.

The Chairman opened the floor for public comments on the Aviation and Rails Element.

No one wished to comment on the Aviation and Rails Element, at which time the Chairman closed the public comments on the Aviation and Rails Element.

The Chairman opened the floor for public comments on the Housing Element.

No one wished to comment on the Housing Element, at which time the Chairman closed the public comments on the Housing Element.

The Chairman opened the floor for public comments on the Public Facilities Element.

No one wished to comment on the Public Facilities Element, at which time the Chairman closed the public comments on the Public Facilities Element.

The Chairman opened the floor for public comments on the Conservation Element.

No one wished to comment on the Conservation Element, at which time the Chairman closed the public comments on the Conservation Element.

The Chairman opened the floor for public comments on the Recreation and Open Space Element.

Mr. Bill Ray, a local resident, appeared before the Board and stated that the Recreation and Open Space Element states that the County needs approximately sixty (60) more acres of improved parks, further commenting that lakes that have public access and are used for recreational purposes, should be calculated into the recreation criteria, therefore, eliminating the need for additional parks.

Mr. Dave Clapsaddle, Springstead Engineering, Inc., appeared before the Board stating that there are a lot of policies in the Recreation and Open Space Element that refer back to the Land Development Regulations. Mr. Clapsaddle questioned when do the policies, that discuss the Land Development Regulations, go into effect.

Ms. Annette Star Lustgarten, County Attorney, responded to Mr. Clapsaddle's question stating that if the policy is tied to a specific time date, the time date would be the date the plan goes into effect, further stating that once the plan is adopted, no development order can be issued that is inconsistent with the plan; therefore, the overall intent would have to be complied with.

Mr. Bill Kercher, with the firm of Glatting Lopez Kercher & Anglin, appeared before the Board addressing the definition of Open Space, stating that activity based recreation was specifically excluded and asked that the Board change their direction, and make their objective to get more actively based recreation built, thus providing more incentive.

The Chairman closed the public comments on the Recreation and Open Space Element.

The Chairman opened the floor for public comments on the Intergovernmental Coordination Element.

Mr. Greg Beliveau, Land Planning Group, representing the Cities of Umatilla, Fruitland Park and Lady Lake, appeared before the Board, stating that these three cities will be requesting an Interlocal Agreement, after adoption of the plan, which allows the communities to utilize their joint planning area as a full service

area, as stated in Policies and Objectives, Policy 9-1.2, Subsection C.

The Chairman closed the public comments on the Intergovernmental Coordination Element.

The Chairman opened the floor for public comments on the Capital Improvements Element.

No one wished to comment on the Capital Improvements Element, at which time the Chairman closed public comments on the Capital Improvements Element.

The Chairman opened the floor for public comments on the Economic Evaluation Element.

No one wished to comment on the Economic Evaluation Element, at which time the Chairman closed public comments on the Economic Evaluation Element.

Mr. Larry Kirch, Director of Comprehensive Planning, appeared before the Board to give a review of the Citizen Participation Manual, Monitoring and Evaluation Requirements, and Consistency Matrix.

Mr. Kirch stated that in the Citizen Participation Manual, the Board should considered a revision on Page 16, under paragraph one, which states "no sooner than thirty (30) days after the local .....". Mr. Kirch suggested that the Ordinance be changed to read "five (5) days".

The Chairman opened the floor for comments and discussion by the Board on each Element of the Comprehensive Plan.

Commr. Gregg stated that there are several issues that should be addressed, some of which are the PUD process, Policy 1-11.4; the issue of the Rural Villages being contiguous to existing rural villages; map changes; and the "Monterey" project.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the addition of the "Monterey" Development of Regional Impact (DRI) as Urban Expansion.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved change of the Urban Expansion land use

designation for Sections 20, 29 and 32, and the east one-half of Sections 19, 30 and 31 of Township 24S: Range 26E to Suburban, and change of the Semi-Rural/Future Urban land use designation west of U.S. 27 for Sections 4, 9 and 16 of Township 24S: Range 26E, and Section 33 of Township 23S: Range 26E to Urban Expansion.

Commr. Bakich and Commr. Swartz voted "No".

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved change of the Suburban land use designation south of the Town of Montverde, east of County road 455, and north of the Turnpike to Urban Expansion.

Commr. Swartz voted "No".

Discussion occurred regarding suggested policy changes that address the issue of the land owner who is in multiple land use categories so that he would be able to choose the designation that is consistent with at least one of the categories that he is in. Commr. Gregg suggested the following language: "Land uses consistent with those uses allowed in urban, urban expansion, and suburban land use categories are allowable up to thirteen hundred and twenty feet (1,320) into semi-rural, future urban and rural land use categories without a comprehensive plan amendment only where property lies contiguous to an urban, urban expansion or suburban land use category. The owner can insure the provision of appropriate infrastructure and services, and it does not have a substantial detrimental impact on the established nature of the area, and that it be consistent with the development patterns in the area."

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the suggested language as indicated above by Commr. Gregg.

Mr. Swanson stated that he received a phone call from Mr. Chapman, representing the Southlake Project, requesting that the land use classification of 10 units per acre be changed to 13 units per acre because the state is reluctant to process his application at the present classification. Mr. Swanson suggested that a

possible solution would be to create a special district for the Southlake Project, thus creating 13 units per acre. It was the consensus of the Board not to change the density of the area in question.

Mr. Kirch briefly reviewed the Revised Policies document, with special attention to Policy 1-3.10: Vesting of Commercial Enclaves; Policy 1-4.8: Vesting of Industrial Enclaves; and Policy 1-11.14: Expansion or Creation of Rural Village Boundary.

Discussion occurred from the Board regarding the Vesting language with the consensus of the Board to make no changes in the language.

Discussion occurred from the Board regarding compatible land use zoning with Commr. Gregg stating that he would like to see M-1 zoning added to the Urban zoning.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved to add the category of M-1 to Urban zoning.

A motion was made by Commr. Gregg and seconded by Commr. Hanson to approve the transmittal of the Future Land Use Element, which includes the Future Land Use Map, to the Department of Community Affairs.

Commr. Bakich stated that he feels the plan is acceptable, but feels the Future Land Use Map is unacceptable, with Commr. Swartz stating that he cannot support a plan that is unequitable and represents poor planning for Lake County's future.

The Chairman called for a vote which carried 3 - 2.

Commr. Bakich and Commr. Swartz voted "No".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the transmittal of the Traffic Circulation Element, including the revised policies, to the Department of Community Affairs.

Commr. Bakich and Commr. Swartz voted "No".

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the transmittal of the Mass Transit Element to the Department of Community Affairs.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the transmittal of the Aviation and Rails Element to the Department of Community Affairs.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the transmittal of the Housing Element to the Department of Community Affairs.

Commr. Swartz voted "No".

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the transmittal of the Public Facilities Element to the Department of Community Affairs.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried, the Board approved the transmittal of the Conservation Element to the Department of Community Affairs.

Commr. Swartz voted "No".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the transmittal of the Recreation & Open Space Element to the Department of Community Affairs.

Commr. Swartz voted "No".

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the transmittal of the Intergovernmental Coordination Element to the Department of Community Affairs.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the transmittal of the Capital Improvements Element to the Department of Community Affairs.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the transmittal of the Economic Evaluation Element to the Department of Community Affairs.

Commr. Bakich expressed the Board's appreciation to all the citizens who have volunteered their time, to the staff, and to the public who have been involved in the Comprehensive Plan process.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to advertise and hold a second Public Hearing for adoption of the Lake County Comprehensive Plan, as required by Florida Statute.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board approved the transmittal of the Lake County Comprehensive Plan and Support Material to the Department of Community Affairs.

Commr. Swartz voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 8:50 p.m.

______________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

_____________________________

JAMES C. WATKINS, CLERK

MSF/1-15-91/1-23-91