The Lake County Board of County Commissioners met in regular session on Tuesday, July 9, 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; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

Mr. Thelen gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.

MINUTES

Discussion occurred regarding the Minutes of June 11, 1991 (Regular Meeting), at which time, Commr. Swartz requested wording, on page 7, Line 10, which states "The Chairman called for a vote on the motion", be deleted.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of June 11, 1991, as amended.

Commr. Hanson requested clarification be made on the Minutes of June 4, 1991 (Regular Meeting), regarding wording on page 21, Line 30.

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. 137389 through Warrant No. 137650, for the following accounts:

County Transportation Trust South Lake Fire District

General Revenue Paisley Fire District

Pasco Fire District Animal Shelter Trust Fund

Landfills Capital Outlay

Countywide Fire District Bassville Fire District

Aquatic Weed Miscellaneous/Gas Fund

Commissary Trust Fund Revenue Sharing

Resort & Development Fund Tax Northwest Fire District

Private Industry Council Mosquito Control

Emergency 911 Fund Road Impact

Countywide Library Mt. Plymouth Fire District

Northeast Ambulance Northwest Ambulance

Criminal Justice Trust Fund

Courts-Judges/Accounts Allowed

Request for approval of Satisfaction of Judgment for Gracie Nicholson, Case No. 90-1095-CF, in the amount of $250.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Leonard A. Knight, Juvenile, and Ronald A. Knight, Sr., Parent, Case No. 89-1093-CJ, in the amount of $50.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Leonard A. Knight, Juvenile, and Ronald A. Knight, Sr., Parent,, Case No. 90-112 & 113-CJ, in the amount of $50.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Leonard A. Knight, Juvenile and Ronald A. Knight, Sr., Case No. 89-1093-CJ, in the amount of $50.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Diane Mantel, Case No. 90-2540-MMA 0101 Count III, in the amount of $35.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Diane Mantel, Case No. 90-2540-MMA 0101 Count IV, in the amount of $35.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Jimmy Griffith, Case No. 87-757 CF, in the amount of $250.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Sean Lee Fenby, Juvenile, and Linda Fenby, Parent, Case No. 87-996 & 1241 & 88-1307-CJ, in the amount of $50.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Sean Lee Fenby, Juvenile, and Linda Fenby, Parent, Case No. 87-996 & 1241 & 88-193-CJ, in the amount of $50.00, and authorized proper signature on same.

Request for approval of Satisfaction of Judgment for Gregory Masters, Case No. 88-432-CFB-01 H, in the amount of $250.00, and authorized proper signature on same.

COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding the request for a 25% restocking fee for return of Reader Printer, by Lanier World Wide, Inc. Commr. Swartz suggested staff to notify Lanier World Wide, Inc., in the interest of continuing a business relationship, that the County feels a 10% restocking fee is a reasonable amount, and, if 10% cannot be negotiated, Lanier World Wide, Inc. will be removed from the County's bidder list. At this time, Mr. Bob McKee stated that the Clerk of Courts office will address a letter in support of the County's request for a 10% restocking fee.

At this time, Tab 1 was pulled from the County Manager's Consent Agenda.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests, consisting of Tabs 2 through 6, with the exception of Tab 1.

Accounts Allowed/Budget Transfers/Resolutions/Contracts,

Leases & Agreements

Request for transfer of funds in various departments, approval of resolution requesting that the budget be amended to increase it by $663.00 from unanticipated funds received from the Comprehensive Self-Insurance Fund, and authorization for the Chairman to execute the 500 line advertising contract with the Orlando Sentinel, as alluded to in documentation included with this request.

Right of Ways, Roads and Easements

Request to accept non-exclusive easement dedication:

For Large Lot Waiver

Hughie Stiefel, Mascotte area, District 2

Municipalities/Roads - County & State

Request, from the City of Leesburg, for the temporary closing of Main Street from Canal Street to 7th Street on Saturday, September 21, 1991, for the 5th Annual Autofest.

Municipalities/Roads - County & State

Request, from the Mount Dora Center for the Arts (MDCA), for the temporary closing of Old 441 (5th Avenue) from Baker Street to Alexander Street from 6:30 p.m., Friday, January 31, 1992 to 8:00 p.m., Sunday, February 2, 1992, for the 17th Annual Mount Dora Arts Festival.

Accounts Allowed/Contracts, Leases & Agreements/Tourist

Development Council

Request for approval of a contract agreement between Husebo Advertising & Public Relations, Inc. and Lake County, for tourist development advertising services, at a cost of $60,000.00, and authorized proper signatures on same.

Administrative Services-Budget/Bids/Budgets

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, with the condition that negotiations be made with Lanier World Wide, Inc. for a 10% - 15% restocking fee, and, if that fails, pay the 25% fee and remove Lanier World Wide, Inc. from the County's bidder list.

The Requisitions for the Corrections Division have been processed in the same manner as they were done prior to Lake County Board of County Commissioners assuming responsibility. At present, the Jail Administrator is in the process of bringing these procedures in compliance with County purchasing policy and procedures. Request permission to waive the bid and quote process at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Mr. Mike Anderson, Capital Improvements Director, appeared before the Board to present a request for approval of Change Orders 5 and 6 to Scheveling Construction Company, in the amount of $1,118.74, for the Woodlea Road Health Clinic, and to present an update on the construction of said clinic.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request as stated above.

ENVIRONMENTAL SERVICES/LANDFILLS

Commr. Swartz presented a report on the June 6, 1991 site visit to the Collier Landfill Mining and Reclamation Project in Collier County, which was made by Mr. Bill Cummins, Director of Solid and Hazardous Waste Management and himself. At this time, a video tape presentation was made on the project.

Commr. Swartz stated that the purpose of their visit was to look at the cost savings for mining landfill areas rather than going through the normal closure process. Commr. Swartz stated that construction demolition debris is brought into the Collier site at $22.00 a ton, sorted, and taken out at $22.00 a ton, resulting in a net wash.

Mr. Cummins stated that the largest concern with the project in question is not knowing the hazardous and toxic materials that may be found in existing landfills.

Discussion occurred regarding the role of the Department of Environmental Regulations (DER) in the mining and reclamation project, with Commr. Swartz stating the DER has been supportive up to this point.

It was the consensus of the Board to direct staff to look at the feasibility of a landfill mining and reclamation project in Lake County.

Commr. Swartz was not present for the discussion or vote.

CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to explain this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of the John's Lake Developer's Agreement between Lake County and McKinnon Groves, Grafton Groves, Inc. and Ms. Anna Akerman.

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES/WATER RESOURCES

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to explain this request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the request to amend the existing agreement with the St. John's River Water Management District for land use mapping of Lake County.

Commr. Swartz was not present for the discussion or vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS/TOURIST DEVELOPMENT COUNCIL

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to state that this request was a joint application between Environmental Services and Planning & Development to request $14,005.00 from the General Fund Contingency to provide assistance in the preparation of EDA Grant Pre-Application for infrastructure improvements at the County's industrial park property, located at Hwys. 27/19 and the turnpike.

Mr. Al Thelen, County Manager, stated that proposals for assistance were solicited from Post, Buckley, Schuh & Jernigan and The Land Planning Group. He stated the County has contracts with both firms and the existing contracts could be amended without going through the formal Request For Proposals.

Discussion occurred regarding a funding source to match the grant funds, with Mr. Thelen stating that funding could be provided through special assessment bonds against the property.

Commr. Swartz stated that there is a lot of criticism, at this time, regarding the spending of General Fund money for water and wastewater systems, and suggested continuing to utilizing the Tourist Development Funds, with the intention to reimburse the funds on a pro-rated basis.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the staff request to amend the Land Planning Group contract, in an amount not to exceed $14,005.00, to provide assistance in the preparation of EDA Grant Pre-Application for infrastructure improvements at the County's industrial park property; and that the funds be allocated from Tourist Development Funds, on a pro-rated share basis, to be paid back through future land sales.

COUNTY ATTORNEY'S MATTERS

MUNICIPALITIES/SUITS AFFECTING THE COUNTY

Commr. Bailey introduced Mr. Lee Hokr, City Commissioner and Mr. John Lynch, City Manager, from the Town of Lady Lake.

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to request authorization from the Board to give notice of intent to file suit against the Town of Lady Lake for failure to collect traffic impact fees.

Ms. Lustgarten stated that Chapter 164 requires that the County give notice to the City of Lady Lake at least 45 days in advance of filing suit. She stated that upon receipt of the notice of intent to file suit, the city is required to hold a public hearing, with the governing bodies of the city and county, within thirty days (30) of receiving notice. Ms. Lustgarten stated that the purpose of the meeting is to try to settle any controversy that exists prior to a suit being filed.

Commr. Gregg stated that he has met with the officials of Lady Lake, and they are fearful that the impact fees will stop the growth in Lady Lake, forcing future growth into Sumter County. He stated that Lady Lake has invested in a new sewage treatment plant, with anticipated future growth to pay for this investment. Commr. Gregg stated that it will be worthwhile to look at Lady Lake's numbers and the County's numbers, based on what they would generate in impact fees, and determine if a solution might be reached.

Commr. Gregg made a motion, which was seconded by Commr. Bakich, to approve authorization to give notice of intent to file suit against the City of Lady Lake for failure to collect traffic impact fees.

The County Attorney reiterated the City of Lady Lake is required to hold a public hearing within thirty (30) days of receipt of notice, with direction from the Board that notice be given in August so that a public hearing will be held in September.

The Chairman called for a vote on the motion, which was carried unanimously.

COMMISSIONERS

Ms. Annette Star Lustgarten, County Attorney, distributed a memo to the Board addressing the issue of redistricting and the effect redistricting will have on Commission districts and the election of Commissioners.

Ms. Lustgarten stated that the County Commissioners, elected in 1990 to a four (4) year term, are not required to run for re-election in 1992, as a result of redistricting.

Ms. Lustgarten stated that the U. S. Supreme Court has upheld a 10% population difference, but the opinion of experts, in the voting rights field, is that the U. S. Supreme Court will no longer tolerate a range of populations as large as ten (10) percent, and their recommendation is for the Florida Legislature to strive for a zero (0) range in populations.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

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

LANDFILL/ENVIRONMENTAL SERVICES

Commr. Bailey brought up for discussion the issue of the Solid and Hazardous Waste Management Program, stating that he has received numerous comments on the issue of the incinerator, and the possibility of abandoning the incinerator.

Commr. Bailey stated he would like direction from the Board regarding contacting the County's Financial Advisory, Mr. Rick Patterson, representing Public Financial Management, Inc., for the purpose of reviewing the feasibility of forming a committee or group to do an independent study on the numbers and legal ramifications of making a change in the contract with Ogden Martin Systems of Lake County, Inc., and to review the cost of such a study to the County.

Commr. Bakich stated that he would not support the idea of revisiting the issue, due to the fact that this action would be moving further away from accomplishing what the Board wants to accomplish, and due to the expense of a study.

Commr. Gregg stated that he would support the idea of revisiting the issue only if the overall Comprehensive Solid Waste Management plan were studied. He stated that the study should include looking at the consequences over the long range period.

Commr. Bakich stated that he would possibly reconsider his support of a study, if a total assessment is made of the overall Solid and Hazardous Waste Management plan, not just the incinerator, and if the cost of a study could be ascertained.

Mr. Al Thelen, County Manager, stated, in September, the County is contemplating issuing a bond for the landfill site; at which time, long term projections will be needed for tipping fees, recycling hazardous waste, and all other elements. Mr. Thelen stated that he had previously contacted Ogden Martin for figures on the cost of severing the County's relationship with them. Mr. Thelen stated that Public Financial Management would be able to provide that dollar amount.

Commr. Hanson stated that she feels the public should have the opportunity to know the numbers and she supports a study that will look at the numbers objectively.

Commr. Swartz stated that he recommends Public Financial Management study the project, and suggest the best way to look at the project from the legal side. Commr. Swartz stated that numerous studies have been made on the collection side of the Solid and Hazardous Waste Management Program and feels collection should not be revisited.

Commr. Swartz stated that after a study has been completed, and the numbers come back to the Board, the Board's responsibility should be to the taxpayers of Lake County to renegotiate a contract with Ogden Martin that we can live with, if we have to live with the incinerator. Commr. Swartz referred to a letter received from Ogden Martin, dated May, 1989, which is a commitment that Ogden Martin will negotiate, in good faith, the restructure of the service agreement, if deemed necessary. Commr. Swartz encouraged the Board to notify Ogden Martin that the contract is not working for the citizens of Lake County, and the County must negotiate a better deal.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, for approval of the recommendation made by the Chairman to consult with Public Financial Management for the purpose of preparing recommendations and cost to reconsider the issue as discussed by the Board members.

Commr. Gregg stated that the Board needs to keep in mind that the County has a contract with Ogden Martin, and negotiation would be in good faith on their part. Commr. Gregg stated that he feels the Board owes it to the taxpayers to look at all of the available options regarding the Solid Waste Management program.

Commr. Bakich stated that he will support the motion, as made by Commr. Swartz, contingent on the cost proposed by Public Financial Management.

The Chairman called for a vote on the motion, which was carried unanimously, as stated above by Commr. Swartz.

APPOINTMENTS-RESIGNATIONS/ENVIRONMENTAL SERVICES/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the appointments to the Natural Resources Advisory Committee, with their terms to expire July 9, 1993, as follows: Mr. Will Davis and Ms. Elizabeth Barker, representing the Environmental Sciences category; Mr. Bill Ray and Mr. Terrell Davis, representing the Agricultural or Development Community category; Mr. Donald Miller, Mr. E. F. (Rick) Miller, Mr. Joe Branham and Mr. Spencer Pettit, representing the Private Citizens category; Mr. Jim Connor and Mr. Fred E. Cross, III, representing the Institutions or Agencies category; and Mr. James Gregg and Mr. Sam Wiggins, representing the Business Community category.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Mr. Howard Edwards, representing the Aluminum category, to the Board of Building Examiners, with term to expire January 14, 1995.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the appointments of Mr. Ed Holder, to replace Richard Edgerton; Mr. Kendall Spencer, to replace Dr. Carl Anderson; Mr. Claude Smoak, to replace Mr. Richard Huff; and the reappointment of Mr. F. Browne Gregg to the Industrial Development Authority, with their terms to expire March 10, 1995.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Ms. Jean Karr, representing the Realtor category, to the Code Enforcement Board, with term to expire October 31, 1993.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Commr. Richard Swartz, representing the Board of County Commissioners, to the Natural Resources Advisory Committee, with term to expire July 9, 1993.

RECESS AND REASSEMBLY

At 10:40 a.m., the Chairman announced that the Board would recess and reconvene at 10:55 a.m.

COURTHOUSE/JAILS

Mr. Mike Anderson, Capital Improvements Director, appeared before the Board to present a project update on the Criminal Justice Facility; at which time he reviewed the Project Financial Status Report showing budgeted vs. actual costs and current/future cash flow projections for the Prelude, Main Jail and Courts Building.

Mr. Anderson stated that the bridge connecting the Main Jail to the Courts Building will be installed on Friday, July 12, 1991, and a portion of Main Street will be closed on said date.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

OUTDOOR RECREATION/WATER AUTHORITY

Mr. Chuck Pula, Parks & Facilities Director, appeared before the Board to present the request for discussion of Lake County Parks Maintenance of the Lake County Water Authority (L.C.W.A.) Hickory Point Park site for twenty (20) years, in exchange for the use of sixteen (16) acres, on the site, to be used for Lake County Recreational Facility Development.

Mr. Pula stated that staff is proposing the funding of Hickory Point grounds maintenance, in the amount of $24,407.00, from the FY 91/92 budget, and the development of an interlocal agreement with the L.C.W.A. to provide Hickory Point Park maintenance in exchange for the use of sixteen acres on the site.

Mr. Pula stated that the facility will be the largest facility of its kind in the State, with twelve (12) boat ramps, a pavilion, nature walks, boardwalks, a swimming beach, a fishing pier, a playground, and over 800 plants and trees.

Mr. Pula stated that L.C.W.A. is reviewing three options, one option being a proposal from Lake County to maintain the property, the option to contract out the maintenance of the park facility, or for L.C.W.A. to control their own maintenance of the park. He stated that he would like direction from the Board whether he should continue negotiations for the maintenance of the park with the L.C.W.A.

Commr. Bakich stated that the Hickory Point Park facility will have a positive impact on the County, but stated he could not support maintaining the park, since it is a Lake County Water Authority project.

Mr. Will Davis, representing the Lake County Water Authority, appeared before the Board to state that the L.C.W.A. Board has not been clear on the issue of maintenance of the park. Mr. Davis stated that the L.C.W.A. Charter does not provide for the Water Authority to be involved in active recreational uses, which will be an important part of the park. Mr. Davis suggested one option would be for the County to lease the property at the park for thirty (30) to fifty (50) years, the County build the facilities, and the L.C.W.A. would then require those using the facilities to enter through the gate, generating revenue through use of the facilities.

At this time, Mr. Davis stated that, if the Board supports the option of using the gate fees, making visitors utilize the facilities through the gate, he will work with Mr. Pula to prepare usage numbers, and will generate interest from the L.C.W.A. board. He stated that, at this time, a committee is reviewing the fees for entry into the park, with the possibility of Lake County residents having the option of purchasing a yearly sticker for their car or paying a $2.00 gate fee, with non residents paying a larger fee.

Mr. Davis stated that a large portion of the park will be completed by June, 1992.

RECESS & REASSEMBLY

At 11:30 a.m., the Chairman stated that the Board would recess for lunch and reconvene at 2:00 p.m. for a workshop on Non-Ad Valorem Assessments.

ENVIRONMENTAL SERVICES/LANDFILL/FIRE PROTECTION

Mr. Don Findell, Executive Director, Environmental Services Department, appeared before the Board to present the Non-Ad Valorem Assessment workshop and discussion on the Solid and Hazardous Waste Management budget.

Mr. Findell stated that he will be reviewing areas of the Solid and Hazardous Waste Management budget that differ from the previous budget. He stated that there has been an elimination of $450,000.00 in equipment costs by negotiating for a computer clone for the landfill, eliminating the transfer trailer, and leasing heavy equipment rather than purchasing it.

Mr. Findell stated that they have reapportioned, to a minor degree, waste-to-energy related costs vs. land disposal costs; increased waste-to-energy related costs by about $300,000.00, to account for the unanticipated increase in property taxes for waste-to-energy facility property; increased the waste disposal operations utility budget to account for a budget error; prepared separate waste tonnage projection scenarios; prepared ramifications of the Construction, Demolition and Land Clearing Debris tipping fee being set at $20/ton for FY 91/92; reduced recycling budget cost by about $120,000.00, by purchasing recycling bins in FY 90/91 rather than FY 91/92; prepared separate methods of calculation of Construction, Demolition and Land Clearing Debris disposal costs for FY 90/91 and FY 91/92; and prepared impacts of preliminary options that might be considered to raise revenues or reduce tipping fee impacts.

Mr. Findell reviewed the Waste Disposal Operations budget stating that a Waste-To-Energy Bond Reserve Replenishment Fund has been added to cover the anticipated cost of the replenishment of the reserve fund, and is estimated to be approximately $500,000.00.

Mr. Findell stated that the Solid and Hazardous Waste Management Program and the Recycling Program have been reduced approximately $400,000.00, for a total of $13,217,372.00. He stated that there is a slight increase in the amount allocated for Waste-to-Energy and a decrease allocated for Land Disposal operations.

Mr. Findell stated that he has prepared three estimates of the tonnage assumptions and calculations for FY 91/92 for in-county waste. At this time, he reviewed the low estimate, based on April 1990 through March 1991 tonnage disposed of at the County facilities. Mr. Findell stated the total tonnage for FY 91/92 would be 124,174 tons, based on assuming a 2.0% tonnage increase with population growth, a 5% increase in the unincorporated areas with mandatory collection, 20% of total cities tonnage will be lost to recycling and composting, and 400 pounds per household per year of total unincorporated area tonnage lost to recycling.

Mr. Findell reviewed the middle estimate, which was based on the same time period as stated above. He stated the total tonnage for FY 91/92 would be 133,770 tons, assuming a 3.5% tonnage increase with population growth, a 10% increase in the unincorporated area with mandatory collection, 15% of total cities tonnage will be lost to recycling and composting and 345 pounds per household per year of total unincorporated area tonnage lost to recycling.

The high estimate, Mr. Findell stated, was based on annualized October 1990 through June 1991 in-County tonnage disposed of at County facilities. He stated the total tonnage, based on assuming a 3.5% tonnage increase with population growth, a 15% increase in the unincorporated area with mandatory collection, 10% of total cities tonnage lost to recycling and composting, and 345 pounds per household per year of total unincorporated area tonnage will be lost to recycling, would be 149,156 tons for FY 91/92.

Mr. Findell stated that the County needs to modify the franchise agreement so that the point of origin of waste can be determined, stating that he is not totally comfortable with the numbers being presented, without the point of origin being determined.

Mr. Findell briefly reviewed budget summaries for each of the above mentioned estimates, based on the various tonnage scenarios, with tipping fees of $80.00 per ton for other waste and $20.00 per ton for construction and demolition debris. He stated that, based on the projected tonnage of 124,174 tons, there would be a budget shortfall of $1,525,732.00; based on 133,770 tons, there would be a shortfall of $1,089,576.00; and based on 149,156 tons, there would be a shortfall of $374,532.00.

At this time, discussion occurred regarding the Construction/Demolition/Land Clearing Debris disposal costs.

Mr. Findell stated that there are budget options available for cost reduction or revenue generation. He stated that options, for consideration, are an increase in the Construction & Demolition/Land Clearing Debris disposal cost, the elimination of Contingency Reserve funds, reduction of service fee costs with Ogden Martin Systems of Lake County, Inc., and the elimination of recycling, which is not grant supported. Mr. Findell stated that Ogden Martin's estimated service fee for the next year will be $7,767,272.00, based on their operating expenses, taxes, interest rates, energy revenues, and on what they will receive in outside waste.

Commr. Gregg brought up for discussion the use of compactors and recycling by department stores and grocery stores, stating that the tonnage numbers should be utilized and applied as credit toward the 30% recycling rate mandated by the State, with Mr. Brad Bauserman, Recycling Coordinator, responding that the tonnage numbers will be credited toward the 30% goal.

Mr. Bauserman stated a letter is being prepared for mailing to businesses in the County requesting information regarding their recycling tonnages.

At this time, discussion occurred regarding the use of green boxes in rural areas for recycling and solid waste disposal, and the cost for this service in lieu of curbside disposal. Commr. Swartz stated that his calculations indicate an approximate cost of $7.20/per household per year for the use of green boxes in the rural areas.

In answer to a question presented by Commr. Gregg regarding the impact of allowing individuals to carry their own solid waste to the recycling center or to the landfill, Mr. Findell stated that those who have their own collection method will not have any effect on the program; however, the County would have to renegotiate rates with the waste haulers, if a large number of individuals chose their own collection method.

Commr. Swartz stated recycling costs could be cut substantially, providing for a more efficient method of collecting, if once a week pick up areas were designated as rural areas, if recycling boxes were placed at fire stations, with a cost of approximately $10.00 per household per year, and an exemption be provided for collection and recycling for those who are willing to self haul.

Commr. Gregg stated green boxes should be offered for disposal and recycling, with the net effect possibly being a better rate to the haulers. He stated that the main goal is not to provide customers to the haulers, but to get the material to the incinerator.

Commr. Hanson brought up for discussion the reduction of the Contingency, stating that it was not her intent to leave the Construction Disposal Cost tipping fee at $20.00 per ton.

Mr. Findell stated that if the tipping fee for Construction and Demolition Disposal is moved back to $40.00 per ton, more revenue would be generated and would be consistent with what was charged last year; however, this may result in a loss of 200 to 300 tons per month on net revenue.

Commr. Bakich stated his concern that supplementing the budget with Contingency gives a false sense of security. He stated that with so many uncertainties, he would not support depleting the Contingency.

At this time, discussion occurred regarding the reduction of tipping fees and the reduction of the service fee with Ogden Martin Systems of Lake County, Inc.

COMMISSIONERS' BUSINESS

MEETINGS/LANDFILLS/FIRE PROTECTION

The Chairman brought up for discussion the agenda for the July 11, 1991 public hearing, on non-ad valorem assessments for Fire Protection and Solid and Hazardous Waste Management.

It was the consensus of the Board to present a six (6) minute staff presentation on Fire Protection and Solid and Hazardous Waste Management, with open comments by individuals limited to three (3) minutes.

Mr. Thelen stated that staff will be available, in a separate meeting room, to help those individuals who may have a problem with an individual issue, such as land data.

Ms. Annette Star Lustgarten, County Attorney, stated, if the Board chooses to take final action at the public hearing, there will be a variety of actions to be taken, as follows: Resolution adopting the non-ad valorem assessment for Fire Protection; resolution adopting the non-ad valorem assessment for Solid and Hazardous Waste Management; and a Resolution regarding Mobile Home Park Owners, which is a government mandated special assessment.

Ms. Lustgarten stated that if the Board chooses to continue the public hearing on July 18, 1991, the public hearing will be considered a continuation of the July 11, 1991 meeting.

RECESS & REASSEMBLY

At 4:05 p.m., the Chairman announced the Board would recess and reconvene at 4:20 p.m.

MEETINGS/BUDGETS

It was the consensus of the Board to hold a budget workshop meeting on July 25, 1991 from 9:00 a.m. to 1:00 p.m.

LANDFILL/ENVIRONMENTAL SERVICES/FIRE PROTECTION (Continued)

Mr. Al Thelen, County Manager, presented a memorandum to the Board, containing information regarding Fire Protection and Solid and Hazardous Waste Management, for their review prior to the public hearing on July 11, 1991. Mr. Thelen stated that this memorandum includes information on fire/rescue service, a summary of expenditures and revenues from FY 85/86 through FY 91/92 as relates to fire rescue service, and a copy of the Minutes of the July 31, 1989 public hearing.

Discussion continued regarding exemptions for solid and hazardous waste, with Commr. Bakich stating that each time an exemption is made, the cost will be passed on to someone else. He stated that low income would be one possible exemption.

Commr. Bailey stated that he feels unaccessible roads should be addressed.

Commr. Swartz stated that the ramifications of offering exemptions have not been properly considered. He stated that those individuals who commit to self hauling, should be made to show that they are properly carrying their waste to a proper disposal facility. He stated that the problem with the low income exemption is that it is only available to the land owner and not to those in rental property.

It was the consensus of the Board to offer the ability, to the individual, to haul their own garbage and do their own recycling; at which time, discussion occurred regarding the method of charging for self hauling.

Mr. Thelen advised the Board that staff recently meet with mobile home owners; at which time, they voiced their objection to the 40% occupancy rate to be used regarding the fire assessment tax. He stated that a recent survey showed a 69% occupancy of R.V. Parks, which is an increase over the previous 40% occupancy rate. He stated it is the recommendation of staff to allow mobile home park owners the opportunity to file with the County the number of occupancies for January and July, averaging these numbers, thus providing a current and accurate percentage of occupancy.

Mr. Thelen stated that during the last five years billings have gone to the individual tangible owners of a mobile home, but it has been determined that the County has no authority to place a special assessment on tangible property. He stated that a resolution is in the process of being drafted to aid the mobile home park owners with this issue.

Commr. Gregg brought up for discussion a memorandum, received from Mr. Thelen, regarding Ogden Martin's negotiations with Flagler County. Commr. Gregg stated that he was in support of pursuing negotiations, if there was a possibility of reducing tipping fees. It was the consensus of the Board to draft a letter in support of Ogden Martin Systems of Lake County, Inc. pursuing negotiations with Flagler County.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.

_______________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

_____________________________

JAMES C. WATKINS, CLERK

msf/7-9-91/7-16-91

The Lake County Board of County Commissioners met in special session on Tuesday, July 9, 1991, at 5:05 p.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; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Marlene S. Foran, Deputy Clerk.

PLANNING & DEVELOPMENT

COMPREHENSIVE PLAN

Commr. Bailey opened the meeting with welcoming comments and introduced Mr. Mike McDaniel, Community Program Administrator and Ms. Carmon Bishop, Planner IV, with the Department of Community Affairs (DCA).

Mr. John Swanson, Executive Director, Planning & Development, appeared before the Board to acknowledge (for the record) letters that have been received from Mr. Joseph S. Pluchino, Ms. Catherine P. Pluchino, Mr. Edward C. Simmons, Ms. Eloise Fisher, Ms. Audrey Reed, Ms. Jane S. Kramer, Ms. Tracy M. Kramer, Mr. William C. Kercher, Jr., Mr. Greg A. Beliveau, Mr. James J. Bible, Mrs. Robert B. Kent, Ms. Patricia S. Leonard, Ms. Allison Bibler, Ms. Marilyn Bainter, Ms. Janet Brady, Friends 1000 Florida, and the Lake County Conservation Council Board.

Mr. Larry Kirch, Director of Comprehensive Planning, appeared before the Board to review specific comments made at the July 2, 1991 public hearing, to review revised policies and to present additional maps that have been added into the Future Land Use Map Series for inclusion in the Goals, Objectives and Policies of the Comprehensive Plan.

Mr. Kirch stated that clarification and review has been made to Policy 1-2.1: Wetlands; Policy 1-2.2: Floodplains and Stormwater

Management; Policy 1-2.6: Vegetative Communities and Wildlife Habitats; Policy 1-11.18, Protection of Environmentally Sensitive Resources; and Policy 7-17.3, Land Management to Enhance Wildlife.

Mr. Kirch stated that a revision was made to Environmentally Sensitive language which now states: "Environmentally sensitive lands include, at a minimum, rivers, streams, lakes, springs, sinkholes, wetlands, floodplains, high recharge areas, and habitat inhabited by designated species".

Mr. Kirch stated that a review has been made of comments regarding water and waste water, and staff does not recommend making changes to the policies in question.

Mr. Kirch stated that Policy 7-2.14: Septic Tanks, requires clarification relating to limiting development on severe soils to one acre lots, and the placing of septic tanks on severe soil. He stated that the last sentence should read: "The development of density shall not exceed one unit per acre with soils with severe septic tank limitations by the Soil Conservation Service".

At this time, Mr. Kirch presented policies covering areas that were not previously reviewed or which provide clarification to Plan policies. He reviewed Policy 1-15.3: Material Referenced in Comprehensive Plan Goals, Objectives, and Policies, which states: "Any reference to documents, rules, regulations, codes or statutes in the Comprehensive Plan, whether an explicit citation or not, shall be considered to be that which was in existence July 9, 1991".

Mr. Kirch stated that Policy 1-20.18: Review of the Lake County Comprehensive Plan and Land Development Regulations in the Wekiva River Protection Area is a new policy relating to the review of the Lake County Comprehensive Plan and the Land Development Regulations as they pertain to the Wekiva River Protection Area. He stated that, at the Board's direction, by 1996 the County will review the Comprehensive Plan and the Land Development Regulations for the Wekiva River Protection Area for their effectiveness in meeting the criteria for the Wekiva Protection Act.

Mr. Kirch reviewed Policy 1-20.3: Vested Development and Density Exceptions within the Wekiva River Protection Area, stating that language has been inserted, based on the discussion presented by the County Attorney at the Public Hearing on July 2, 1991. Mr. Kirch stated that B. Density Exceptions, Number 3. states "A complete application for site plan approval or an application for preliminary plat approval was filed prior to the effective date of the Ordinance adopting this Comprehensive Plan, is approved by Lake County and development has commenced within two (2) years for a site plan or eighteen (18) months for a preliminary plat, from the effective date of the Ordinance adopting this Comprehensive Plan".

Ms. Annette Star Lustgarten, County Attorney, stated that discussion occurred regarding conforming language to the balance of the Comprehensive Plan and retaining the prior existing density intensity exceptions.

Commr. Bakich stated that he does not recall changing the original vesting language submitted, with Ms. Lustgarten responding there is a difference between vesting and density exceptions. She stated that the language regarding vesting exempts an individual from the Comprehensive Plan, and was added to conform to the statutory requirement.

Commr. Hanson stated that direction was not given, from the board, to insert language addressing two (2) years for a site plan or eighteen (18) months for a preliminary plat. She stated that said language puts a time frame on site plan approval.

Commr. Gregg stated that the Board had previously indicated that they did not want any changes made to the Wekiva River Protection Area other than typographical errors and technical changes.

Ms. Lustgarten stated that the language addressing time frames, as stated above, would be removed from Policy 1-20.3 Density Exceptions.

Commr. Bakich questioned the deletion of language pertaining commercial and industrial vesting, with Ms. Lustgarten stating that

commercial and industrial land use designations are now shown on the map as land use designations that exist, and do not have to be vested because they are permitted uses.

Mr. Kirch reviewed Policy 1-12.2: Interpretation of Residential Density Designations, which addresses the maximum allowable units which may be constructed on the gross land area.

Mr. Kirch stated that Policy 8-1.6: Mandatory Dedication of Land for Recreation; Policy 8-1.10: Designation of abandoned Rail Corridors for Recreational Purposes; and Policy 8-2.3: Use of Impact Fees for Recreation require modification due to the change in the adopted level of service for recreation.

At this time, Mr. Kirch presented fourteen (14) maps for inclusion in the Goals, Objectives and Policies of the Comprehensive Plan as the Future Land Use Map Series. Mr. Kirch gave a brief description and review of Map I-1, Future Land Use Map; Map I-2, Conservation Areas with Existing and Planned Waterwells; Map I-3, Wekiva River Protection Area Future Land Use; Map I-4, Wekiva River Protection Area Zoning March 12, 1990; Map I-5, Wekiva River Protection Area "Exhibit A"; Map I-6, Floodplains; Map I-7, General Minerals & Mining Operations; Map I-8, General Soils & Topograph; Map I-9, Historic Resources; Map II-1, Future Traffic Circulation Map Functional Classifications 2005; Map II-2, Future Traffic Circulation Map Number of Lanes 2005; Map IV-1, Future Conditions Map Leesburg Municipal Airport-Airport Improvements Through 2005; Map IV-2, Future Conditions Map Umatilla Municipal Airport-Airport Improvements Through 2005; and Map VIII-1, Generalized Location of Recreation Facilities.

The Chairman opened the Floor for public comment on all Elements of the Comprehensive Plan.

Mr. Paul Bethune, a resident of the Minneola area, appeared before the Board to state that he is opposed to irresponsible growth and stressed the importance of developing property responsibly and well, without destroying the surrounding areas.

Ms. Eloise Fisher, a resident of Eustis, appeared before the Board to state that growth does not pay for itself, expressing concern that the Comprehensive Plan does little to preserve the quality of life. She stated that the present plan has insufficient protection for wetlands and county roads, and does little for water resources. Ms. Fisher stated that the Parks and Recreation requirements are not satisfactory at 1.5 acres per thousand residents and should be restored to 5.95 acres per thousand residents.

Ms. Mary Smith, President of the League of Women Voters, appeared before the Board to state that the Board's indication that they do not intend to cooperate with DCA indicates that one group of citizenry, the large landowners, the citrus growers, the developers, and the realtors have more rights than the majority of the taxpayers that voted them into office. She stated that the League supports planned growth, and they feel it would be valuable to cooperate with the DCA, and to explain to them the County's special problems.

Ms. Marilyn Bainter, a local resident, appeared before the Board in opposition to the Comprehensive Plan as submitted to the Department of Community Affairs. She strongly urged the Board to comply with the objections and recommendations received from DCA. At this time, Ms. Bainter read from the Constitution of the State of Florida, Article 2, Section 7, Natural Resources and Scenic Beauty, which states: "It shall be the policy of the State to conserve and protect its natural resources and scenic beauty". She also referred to Article 2, Section 5, Public Officers, which is the oath taken by Public Officers.

Ms. Cathleen Cook, a local resident, appeared before the Board in support of the Department of Community Affairs' Objections, Recommendations and Comments Report (ORC) on the Comprehensive Plan. Ms. Cook questioned the quality of life in the County, and the quality and quantity of our water in the years to come. She stated that she previously expressed her objection of the inflated

population projection of 407,000, which has been reduced by 85,000, but still leaves a projection of 331,000. Ms. Cook stated that growth can take place, but should be wisely and thoughtfully planned and managed to accommodate all of the people of Lake County.

Mr. Harold Lehner, a resident of Howey-in-the-Hills, appeared before the Board to state there are more compelling reasons, such as our health, our safety, and quality of life, for proper zoning regulations for land use, other than aesthetic purposes. He stated that he would hope the Board would consider the health, the safety and the quality of life not only for the majority of the constituents but also for future generations.

Mr. Jay VanderMeer, a resident of the Green Swamp area, appeared before the Board to address Private Property Rights stating that the value of land can be devalued with over restrictions. He stated that DCA has too much power, and the County should remove these powers by going to the State Senate and House of Representatives. Mr. VanderMeer requested that the Board not lose sight of the fact that Private Property Rights is the one thing that has made our Country strong.

Ms. Carmon Bishop, Department of Community Affairs, appeared before the Board to express her thanks for the opportunity to attend the public hearing and presented a letter, from Mr. Robert Pennock, Chief, Bureau of Local Planning, in response to Commr. Bailey's request to send a representative to participate in the public hearing to adopt the proposed Lake County Comprehensive Plan. She stated that Mr. McDaniels and she are authorized to restate DCA's position as expressed in the May 14, 1991 Objections, Recommendations and Comments Report.

Mr. Hal Turville, President of the Lake County Conservation Council and a resident of Clermont, appeared before the Board to state that the Comprehensive Plan should encompass a planning period that is adequate to foresee problems and deal with them. He stated that the Plan should reflect legitimate population

projections, stating bad projections mean bad land use allocations, and bad land use allocations reflect higher cost of providing services. Mr. Turville stated the plan should determine what land is most suitable for development and should direct growth in those areas. He stated that when level of service is cut, the burden of the costs for maintaining quality of life and quality of service is being moved from the developer and new residents to the tax payers. Mr. Dale Ladd, a local resident, appeared before the Board to stated that the County's local officials know what is best for the County and not DCA.

Mr. Richard Serone, a resident of Tavares, appeared before the Board to state that there appears to be an open attempt to flaunt the law by defying the State requirements by DCA to conform with the intent of the Growth Management Act. Mr. Serone stated that the residents of Lake County have been saddled with paying taxes to offset the cost of development placed on the community by the failure of the Commission to enact appropriate impact fees as well as other financial responsibilities, such as the incinerator, solid waste, and the new jail and courts building. Mr. Serone stated that ownership of property does not give licenses to imperil, threaten, or disturb the well being of others.

Mr. Ray Watson, a local resident, appeared before the Board to stated that there is no section in the plan for resource protection or for aquatic resources. He stated that water is a major reason people move into the County, and the plan does not protect the lakes from further pollution. Mr. Watson stated that he does not support fighting DCA.

Mr. Kent Wimmer, representing Friends 1000 Florida, which consist of fifty members who live, own property and operate businesses in Lake County, appeared before the Board to review the evaluation, which was sent to Commr. Bailey, dated June 11, 1991. He stated that the Comprehensive Plan lays a good foundation on which the County's significant natural resources can be protected, but falls short in describing how the County will protect the

qualities of the environment, which is what makes Lake County distinctive and a desirable place to live. He stated the Plan must chart a strategy which includes more specific control over where growth will occur and the intensity of growth. He stated that the goals, objectives, and policies do not go far enough to establish a clear strategy for protecting the County's groundwater resources, its lakes, rivers, or wetlands. Mr. Wimmer addressed the issue of the patterns of growth, the impact of planned transportation developments, the proposed Northwest Beltway, protection of the environmental resources of the Green Swamp Area of Critical Concern, and the Level of Service Standards.

Ms. Janet Brady, a local resident, appeared before the Board to state that the development community in Lake County believe they have unlimited development rights and property rights. Ms. Brady referred to Policy I-20.12, which states: "Industrial development shall be prohibited within the Wekiva River Protection Area" and questioned staff if that was true.

Ms. Lustgarten responded to Ms. Brady's question, stating that new industrial development is not permitted, existing industrial development is permitted to continue as reflected on the Future Land Use Map.

Ms. Brady stated that Policy 7-15.12, of the Conservation Element, does not reflect the true words of the cited Statute, which prohibits industrial waste disposal in septic tanks. The Statute reads, "No construction permit may be issued for an on-site disposal system in any area zoned or used for industrial or manufacturing purpose or its equivalent". Ms. Brady requested the policy reflect the words of the Statute. She stated that various references are made, in the Conservation Element, to hazardous, bio-hazardous and industrial waste disposal identification, and management. She further stated that she supports responsible growth that will not drive taxes up to an unaffordable and intolerable level, will not destroy our essential drinkable water and endanger quality of life.

Mr. William A. Ray, a resident in the Clermont area, appeared before the Board to state that there has to be growth, or taxes will go up. He stated that he has the right to do with his property as he sees fit, providing it does not harm the public's health, safety and welfare, and it is the Board's responsibility to protect the individual's right to live where and how they wish. He stated that transportation moves growth, and growth is expanding to Lake County, urging the public to plan for this growth. Mr. Ray stated that a free society means government can be challenged and charged the Board to support the Plan that is before them.

Ms. Charlotte Lehner, a resident of Howey-in-the-Hills, appeared before the Board and told a story about how cooperation, instead of confrontation between developers, land owners and government can generate and promote industry, business, jobs, and revenues, as well as the opportunity for wholesome living. She expressed the importance of cooperation to bring to Lake County the glory and prosperity that it deserves.

Ms. Ruth Yancey Ray, a resident of the Green Swamp area, appeared before the Board to state that she is in support of the recommendations made by DCA regarding affordable housing. She urged the Board to hold fast to the Comprehensive Plan that has been submitted on behalf of the citizens of the County.

Ms. Audrey Reed, a resident of Howey-in-the Hills, appeared before the Board to elaborate on a letter that she had previously mailed to Commr. Bailey. She stated that she wished to appeal and protest the change of the number of acres of park and recreation land as designated in the revised Comprehensive Land Use Plan. She stated that, as population grows, more parks will be needed, and these parks should be a part of the impact fees on new development. Ms. Reed asked that the DCA representatives take note of the fact that there are approximately 117 linear miles of abandoned rail lines, duly noted on the map, however, not one segment of rail lines is currently in use as a recreational trail. Ms. Reed stated

that she strongly protests the decision to cut the number of acres per thousand population.

Mr. Mark Carson, a developer in the Wekiva Basin area, appeared before the Board to state that the Wekiva River Protection Area is protected by many groups, and a project can take up to five years before completion, due to mandates and compromises. Mr. Carson asked for clarification of language in Policy I-20.3, stating he is in the process of construction, and it is not clear if he has to build under the current Wekiva Comprehensive Plan regulations. At this time, Ms. Lustgarten responded to Mr. Carson's question. Mr. Carson stated that this issue is not clear and language should be clarified.

Ms. Susie Bergman, President of Leesburg Board of Realtors, appeared before the Board to state that the Leesburg Board of Realtors support private property rights for every American, and to express their concern with the environment. Ms. Bergman read a resolution (for the record), adopted by the Board of Realtors, opposing the proposed changes to the Lake County Comprehensive Plan by the Department of Community Affairs, urging the Board to stand firm, and thanking the Board for their commitment to the democratic process, to economic stability and to private property rights.

Ms. Jonnie Hale, President of the Lake County Association of Realtors, appeared before the Board to read a resolution adopted by the Lake County Association of Realtors, supporting the thousands of hours of work invested by private citizens, elected officials and staff; supporting private property rights; and supporting the strongest effort of the County Commissioners to secure approval of the Comprehensive Plan as it stands.

Mr. Carl Ludecke, a local resident, appeared before the Board to speak for the residents of Lake County who want and need affordable housing available to them. Mr. Ludecke stated that the County needs to help these people, through less bureaucracy and not more. Mr. Ludecke stated that there is a place for every type of housing in the County.

Mr. Bob Huffstetler, a local resident, appeared before the Board to state that he feels Lake County has reached the middle ground in the compromise, and it is now time for DCA to meet the County halfway.

Ms. Rosemary Bennett, a local resident, appeared before the Board to state that there are a lot of people who do not like what is in the Comprehensive Plan, but we can compromise, we can live with it, we can adjust it, and we can go forward because we need a tax base.

Mr. Daniel Olson, a local resident, appeared before the Board to state he appreciates what the Department of Community Affairs is trying to do, but we must do what is right for Lake County. Mr. Olson stated that it is not possible to legally farm if every regulation has to be abided by. He stated that the appropriate levels of services will have to be decided in the future.

Ms. Jamie Seymour-Nye, a resident of the Wekiva Basin area, appeared before the Board to state that she opposes the use of golf courses as open space and that golf courses are a business arrangement and with only a select few utilizing these courses. Ms. Seymour-Nye stated that the County needs industry, not necessarily development because development will follow industry. She stated that Lake County has significant natural resources but, if we continue to strip and contaminate the land and water for monetary purposes, there will be higher taxes and fees for the purpose of replenishing the natural resources. She addressed the issue of vesting rights in the Wekiva River Protection Area, stating that the amendment and the Plan say two different things. She stated that to ensure the future of our children, we must plan for the future and must make sacrifices.

Mr. Bill Damer, a local resident, appeared before the Board to express his concern with the strong suggestion, from the residents appearing before the Board, to side step government. Mr. Dameron stated that the Comprehensive Plan is a workable plan and has flexibility. At this time, he asked the Board to protect his

rights as a land owner and citizen of Lake County and, more importantly, his constitutional right to a government by elected officials.

Mr. Mark McLean, a local resident, appeared before the Board to state that, based on principles, the plan runs over individual property rights and individual freedom of opportunity. He stated that he has taken part in the political process, became a part of the political process, and through that process, the Plan has been adopted by a majority vote. At this time, Mr. McLean told how his parents have lost their right to develop their property in Lake County, and how the Board's endorsing the plan will result in his father having to work until he dies.

Mr. Dick Wells, representing Ivey, Harrison & Wells, located in Orlando, and several property owners in the County, appeared before the Board to state that he has had the opportunity to work with the Department of Community Affairs, and it has been his experience that DCA has proven to be dogmatic, uncompromising and virtually lawsuit proof. Mr. Wells stated he supports the adoption of the Plan, and recommends that the negotiation process with DCA take place in Tavares and not Tallahassee.

Mr. Greg Beliveau, The Land Planning Group, representing BMK Ranch, appeared before the Board to address the issue of vesting, stating that the interpretation, given at the public hearing tonight, is inconsistent with the interpretation previously made at a Board of Zoning Appeals (BZA) meeting. Mr. Beliveau stated that the BZA interpretation was, if a preliminary plat was filed previous to the date of adoption, you were vested not only for density but also for the development criteria that was in effect prior to that date. He stated that there has been interpretations and actions taken prior to the public hearing today where the language in the Wekiva Amendment did vest development criteria as well as density.

Responding to Mr. Beliveau's comments, Ms. Lustgarten stated that the language in the amendment is clear, and is the same

language that is in the Plan that has been submitted. She stated that the vesting is for density only, which is essentially the language contained in the original amendment and what is contained in the Land Development Regulations that implemented the Land Use Plan Amendment. She stated that it has always been the intent of the Land Use Plan Amendment and the intent of the Land Development Regulations that density only was being vested. She stated that the BZA decision was a one time decision on one particular parcel of property.

Mr. John Kauffman, a resident of Grand Island, appeared before the Board in support of the Comprehensive Plan and expressed his thanks to the Board for their support of the Plan. Mr. Kauffman stated he is willing to go to Tallahassee in support of the Plan.

Ms. Nancy Abbott, a local resident, appeared before the Board to state that the residents of Lake County are thinking of themselves only and not thinking of Lake County as a whole. She stated that it is time for the Commissioners to remember the oath that was taken when they were sworn into office, time to remember their obligations to the State of Florida's Constitution, and time to write a Plan that is best for every person in Lake County.

Mr. Newell Cook, a resident of Eustis, appeared before the Board to state the Department of Community Affairs found serious flaws in the Comprehensive Plan. He stated that if the Board does not heed their findings, the quality of life in Lake County will decrease substantially, and will cause distress to future generations.

Mr. Steve Ruoff, a representative of RDL Consultants, located in Maitland, appeared before the Board to state that his firm has been studying population projections over the last few years in Central Florida. Mr. Ruoff stated that no one could have estimated the growth that Disney World has brought to the area, with over 38,000 jobs. He stated that Disney World Enterprises is buying large amounts of land in Lake County, indicating that there will be a tremendous amount of growth in the County. Mr. Ruoff stated

there are growth opportunities in Lake County, and it is important to keep those opportunities in mind as growth projections are made.

Mr. Daniel Singer, with Ameritec Real Estate, located in Maitland, appeared before the Board to state that the decision which will be made on the adoption of the Comprehensive Plan will affect more than just land, it will affect the economy for years to come. He stated that the three basic principals of economics are land, labor, and capitol. Mr. Singer stated the world's capitol markets are driven by emotion and political stability. He stated that with Lake County's political stability, the international venture capitol will be coming to Lake County, and with this capitol will come industry, jobs and prosperity.

Mr. Roger Conner, a local resident, appeared before the Board to reiterate and support comments made by previous speakers. Mr. Conner stated that property rights are one of the fundamental things that make America great, and there has been a direct assault on property rights by government. He expressed the importance for the residents of Lake County to stand behind the Board of County Commissioners.

Mr. Jim Bible, representing Greater Construction Company, appeared before the Board in support of the Comprehensive Plan. Mr. Bible stated his construction company is building communities in Lake County at an affordable price, and the Comprehensive Plan lays out rules and regulations that will enhance the community. Mr. Bible addressed language in Policy 6A-2.5, which states: "...all private treatment systems be joined and hooked to a regional/subregional wastewater system when the regional/subregional wastewater system comes within one thousand (1,000) feet of the private treatment system or any of the central lines of the private treatment system". He stated he would like to see language added that would address this issue on a case by case basis, suggesting language be inserted after the wording "all private treatment systems" as follows: "unless exempted by Lake County". Addressing the issue of Recreation and Open Space, Mr.

Bible stated that the requirement of 25% open space in a development is very significant, suggesting the ability to place recreation as a percentage of the 25% open space be allowed.

Mr. C. A. Vaughn, a resident of Eustis, appeared before the Board to encourage the Board to continue to represent the feelings of the majority and encouraged the residents of the County to continue their support of the Plan that has been submitted to the Department of Community Affairs.

Ms. Cecelia Bonifay, Attorney, representing a number of private sector clients who own property in all areas of Lake County, appeared before the Board to address the issue of vested rights language. Ms. Bonifay questioned why there is only one classification, which is vested rights, and no separate classification for density exceptions vs. vested rights. She stated there is a distinct legal difference. She stated language which has been added in the last revision of the Comprehensive Plan regarding density exceptions, is much more narrow and is not directed at vested rights. She further stated, from her clients' standpoint, (for the record) there is a difference, and if there is not a difference, why are they not all called vested rights. She stated her clients are losing rights under the existing language, and she does not feel that the language is a minor technical variation that has been introduced, but a substantial policy redirection.

Addressing the issue of Parks and Recreation, Ms. Bonifay stated the 5.96 acres per thousand people is inaccurate, flawed and unrealistic, stating she supports 1.5 acres per person.

Ms. Bonifay stated that the Transfer of Development Rights (TDRs) will not work until adequate County staffing is available, stating she is of the legal opinion that TDRs are not private property rights.

Ms. Bonifay stated that development and development costs will increase tremendously with the implementation of the Comprehensive Plan and will not encourage affordable housing. She further stated

the cost of government regulations and pages and pages of Comprehensive Plan does not diminish the cost but only increases the cost.

Mr. Keith Shamrock, a developer in Lake County, appeared before the Board in support of the Comprehensive Plan and to state that determination will be needed to move forward with the Plan. Mr. Shamrock stated that it is simple economics to plan for growth greater than is expected. Mr. Shamrock challenged the Board to stick to their guns, and stated that the majority of the people in the County support the Plan.

Mr. Steve Richey, Attorney, representing clients in Lake County, appeared before the Board to express his concern for vesting language in Policy 1-20.3, Density Exceptions, No. 3, stating that the time limitation of eighteen (18) months for filing a preliminary plat, does substantial harm. At this time, Mr. Richey asked for a clarification on the effective date of the Comprehensive Plan. Mr. Richey stated that it is important to insure that the development regulations, vested wording and the Future Land Use Map provide the ability to enhance the County's economic base. He further stated that the Plan does not have the economic incentive needed on industrial development. Mr. Richey, directing his comments to the representatives of DCA, stated that the Comprehensive Plan has been developed by the people of Lake County and the Plan adequately protects the County, without the Objections, Recommendations, and Comments presented by DCA.

Mr. John Weatherford, Attorney, Chairman of the Recreation and Open Space Element, member of the Citizens Advisory Committee and the Executive Committee, appeared before the Board to address the issue of the level of service for Parks and Recreation, stating that the level of service have has been discussed does not presently cost the County any additional funds, because the numbers for the level of service have been defined at no additional acquisitions. Mr. Weatherford strongly urged the Board to adopt a level of service for parks equal to what is in existence today, so

that we can go forward and acquire additional park lands to meet the additional needs of the citizens of Lake County in the future. He stated if that is not done, he recommends that the Policy regarding mandatory dedication of parks be removed.

Ms. Gena Swartz, a member of the Executive Committee and the Traffic Circulation Element, appeared before the Board to state that the language addressing level of service for Parks and Recreation states that new growth will not pay for additional parks for the citizens, thus lowering the quality of life for those living in the County. Ms. Swartz stated that the same language pertains to the level of service for roads, urging the Board to review the level of service in the Plan. She stated that the comments made in DCA's report are well thought out comments and encouraged those who have not reviewed the report to do so.

Ms. Swartz stated that she opposes the addition of the Northwest section of the Orlando Beltway, in the Traffic Circulation Element, because it is an unfunded project from the Department of Transportation.

Ms. Swartz stated the Conservation Council is supporting Countywide Transfer of Development Rights (TDRs). She stated that TDRs will work if proper planning is in place.

Ms. Barbara Kent, a resident of Eustis, appeared before the Board to present specific issues, in the Comprehensive Plan, that contain inaccuracies and internal inconsistencies. Ms. Kent stated it was her understanding the County was going to protect her property rights, because she made it very clear two years ago that she was interested in the possibility of the County using a portion of King Grove property.

Ms. Kent stated that Lake Lincoln, an eighty (80) acre lake on King Grove property, is not shown on the map, and the Eustis By-Pass is aligned through Lake Lincoln, with Mr. Kirch stating that the policy, which he referred to earlier in the evening, states that the alignment is not a fixed alignment.

In response to Ms. Kent's concern with wording in Policy 2-3.5 addressing a two (2) lane facility from the intersection of County Road 44B and U.S. 441 north to the intersection of County Road 44A and County Road 44A/Estes Road, Mr. Kirch suggested inserting the language such as "the Eustis By-Pass".

The Chairman directed Mr. Kirch to review Ms. Kent's remaining issues with her, and return with her concerns.

Mr. Ron Abbey, Chairman of the Housing Element, appeared before the Board to state that the Comprehensive Plan is not in compliance and expressed his support of many of the comments presented by DCA.

Mr. Bill Good, a local resident, appeared before the Board to state that when cooperation fails, politics and lawyers take over, which is evident with the Comprehensive Plan. Mr. Good stated that the ORC report has not been reviewed by the Executive Advisory Committee, asking that DCA review the reports prepared by the minority of the Committee closely in terms of upcoming negotiations and changes in the Plan.

Mr. Good stated that the Comprehensive Plan needs to focus on reducing infrastructure, not by building infrastructure, but by maintaining the existing infrastructure. He stated that the Future Land Use Map is spreading infrastructure, and upgrading roads to spread infrastructure.

Mr. Ed Bergman, a resident of Leesburg and a member of Citizens Advisory Committee for the Transportation Element, appeared before the Board in support of the Plan. Mr. Bergman stated language in Policy 2-1.5: Areas of Special Transportation Concern, addressing the U.S. 441 corridor between the City of Leesburg and the City of Tavares, relates to U.S. 441 only. He requested that language in Policy 2-1.5 be defined as U. S. 27 and U. S. 441 between and through the Cities of Fruitland Park, Leesburg and Tavares, and any areas that are referred to as U. S. 441 be considered U. S. 441 and U. S. 27.

At this time, Mr. Kirch presented, to the Board, the issues of concern that were presented to him by Ms. Kent. He stated Ms. Kent's concerns were: removal of urban density on her property, the insertion of Lake Lincoln on the Future Land Use Map, the Eustis By-Pass language be amended, the map of historic sites include the King Grove 1875 farmhouse, and revised Housing Element policies that relate to Historically Significant Housing.

The Chairman, at this time, closed the public hearing portion of the meeting, with discussion limited to the Board.

Commr. Hanson stated it was her understanding that clear direction had been given that the Wekiva River Protection Area would not be changed and would be resubmitted along with the Comprehensive Plan as it had been approved, stating her opposition to changing the wording in any way so that it could be interpreted in a different way.

Ms. Lustgarten, responding to Commr. Hanson's concern, stated that language on vested development was added to expand the ability to vest property. It was the decision of the Board to delete the added language.

Mr. Kirch, responding to a question presented by Commr. Bakich regarding acreage ratios criteria, as stated in Policy 1-12.2: Interpretation of Residential Density Designations, No. 3, stated that the Board indicated the need for more lakes and wetlands on the Future Land Use map, and if wetlands are to be shown on the map, they need a density associated with them. He stated it will be the Board's decision to choose an appropriate density.

It was the consensus of the Board to use a density of one (1) dwelling unit per five (5) acres of wetlands for all categories.

Discussion occurred regarding the review of specific public comments from the July 2, 1991 public hearing, as alluded to in the Staff Presentation, Items 1 - 4, with the decision of the Board to include the following items in the Comprehensive Plan: Policy 1-2.1; Policy 1-2.2; Policy 1-2.6; Policy 1-11.8; and Policy 7-17.3; the revised definition of Environmentally Sensitive; Policy 6A-2.4,

Policy 6A-2.5, Policy 6D-2.4, Policy 6D-2.5, Policy 6E-1.7 and Policy 7-2.14; and Policy 2-3.5 regarding the alignment of the Eustis By-pass.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to amend the Comprehensive Plan to incorporate the request that a segment of U.S. 441/27, from the south urban limits of the City of Fruitland Park to the south urban limits of the Town of Lady Lake, and a segment of the U.S. 441/27 corridor, between and through the City of Fruitland Park, the City of Leesburg and the City of Tavares be included in Policy 2-1.5.

Under discussion, Commr. Swartz asked for clarification of the criteria for designation as an area of Special Transportation Concern, and how it relates to the level of service that exist or would be maintained, with staff responding to Commr. Swartz's request.

The Chairman called for a vote on the motion which carried as stated above.

Commr. Swartz voted "No".

On a motion by Commr. Gregg, seconded by Commr. Hanson, and carried unanimously, the Board moved to insert language, in Policy 6D-2.5, "unless exempted by Lake County" after the language "potable water systems".

On a motion by Commr. Gregg, seconded by Commr. Hanson, and carried unanimously, the Board moved to add Lake Lincoln to the Future Land Use Map, to add the notation regarding the Eustis By-pass, and to move her house out of the Lake, as alluded to in comments by Mrs. Robert B. Kent.

At this time, Mr. Kirch informed the Board that language, which has been inserted in Policy 7-15.12, relating to septic tanks in industrial parks, is language recommended by the Department of Environmental Regulations (DER), and is consistent with Section 381.272(9) Florida Statutes.

Ms. Lustgarten presented two amendments to the Ordinance adopting the Lake County Comprehensive Plan, as follows: On

Page 2, Line 21, strike January 21, 1991 and insert February 1, 1991; on Page 7, Line 12, strike Section XII: Monitoring and Evaluation Requirements. Ms. Lustgarten stated that on Page 11, Line 7, the Ordinance's effective date should be addressed.

It was the decision of the Board to make July 16, 1991 the effective date of the Ordinance Adopting the Lake County Comprehensive Plan.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously the Board moved to adopt the three amendments as stated above by the County Attorney.

Commr. Gregg stated he could not support and would not support the residents of Lake County turning over, to Tallahassee, their right to decide local land use. He stated that the bureaucracy resulting from the Plan will be tremendous, and during a recession such as now, impact fees and user fees will not pay for regulations that are in the Plan. Commr. Gregg questioned whether affordable housing will be possible with the cost that will be incurred due to items in the Plan, and stated that the regulations will hurt industrial development. Commr. Gregg stated that the Comprehensive Plan meets the letter of the law, and expressed his hope that Lake County can negotiate with DCA, and those negotiations can be done in good faith.

Commr. Gregg made a motion, which was seconded by Commr. Hanson for discussion, to adopt the Ordinance adopting the Lake County Comprehensive Plan, to forward it to the Department of Community Affairs, with the changes and amendments that have been made.

Commr. Hanson stated that she feels the Plan is a good Plan, which will manage growth, allow for growth, and protect natural resources. She expressed her thanks to staff and the Commission for the job they have done in responding to the Department of Community Affair's objections and recommendations. She stressed the importance that the residents of Lake County be in control,

reiterating previous comments that the Plan protects the natural resources and is a Plan for managed growth.

Commr. Bailey stated that the Board has worked hard to provide the residents of Lake County the opportunity to provide their input in the Comprehensive Plan through the public hearing process. He expressed his concern for the Wekiva River Protection Area and the Green Swamp Area.

Commr. Swartz expressed, on behalf of the Board, his appreciation to staff and to the citizens of Lake County who participated in the writing of the Comprehensive Plan. He stated that the Plan, as written by staff, was based on the direction that was given ultimately by the Board.

Commr. Swartz stated his concern that the Plan does not have a vision for Lake County but, if it does have a vision for some, it is not the vision that the County should be choosing as a community. He stated that the policies within the Plan, that were designed to implement the vision that the County has chosen, provide too much of an opportunity to make and repeat mistakes that we have seen in surrounding areas. Commr. Swartz stated that he cannot support the Plan that the County is asking DCA to further review, because he does not feel it is a Plan with vision. He stated that the Plan will cause hardship for many, and there has been no relief provided to those residents. Commr. Swartz stated that he will be voting against the Plan because voting for it would not be representing all of the people of Lake County.

Commr. Bakich expressed his appreciation to the public for their input and involvement in the process of preparing the Comprehensive Plan. He expressed his concern that the laws of the State are totally different from the policies of DCA. He stated that he hopes there will be a spirit of cooperation from DCA, and expressed hope that the representatives present will return to Tallahassee with the message that the people of Lake County want the plan that has been presented. He stated that the Plan is a good plan, it could have been more restrictive, but what we are

embarking upon is much broader and much better for the citizenry of Lake County.

The Chairman called for a vote on the motion which carried as stated above by Commr. Gregg.

Commr. Swartz voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:30 p.m.

______________________________

DONALD B. BAILEY

ATTEST:

____________________________

JAMES C. WATKINS, CLERK

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