NOVEMBER 15, 1990

The Lake County Board of County Commissioners, as the Local Planning Agency, met in special session on Thursday, November 15, 1990, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; and Marlene Foran, Secretary.

Commr. Gregg led the Pledge of Allegiance.


On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request for bonds for newly elected Commr. Don Bailey and Commr. Catherine Hanson.

Commr. Bakich, Chairman, announced that the Board of County Commissioners has been asked to participate in a discussion with the County's legislative delegation on December 10, 1990. It was the consensus of the Board that they would have a luncheon meeting.


Ms. Annette Star Lustgarten, County Attorney, advised the Board of a suit involving Penndarvis Asphalt, which was settled in an emergency hearing on Tuesday. The insurance company issuing the surety bond, that was submitted by Penndarvis Asphalt, was not listed with the Department of Insurance; therefore, the performance bond was rejected. The contractor filed suit for a mandatory injunction, and the County was successful in getting the motion denied.


Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present the Traffic Circulation Element.

Mr. Swanson called to the attention of the Board one major change in the reclassification of certain routes from Level Service B to Level Service C, which is not reflected in the document at this time.

Mr. Swanson stated that the Public Hearing process for the Traffic Circulation Element and the Conservation Element has been scheduled for November 29, 1990 at 9:00 a.m.

Discussion occurred regarding who determines the level of service and how the classification is determined.

Mr. Alton Roane, Development Services Coordinator, City of Eustis, appeared before the Board. Mr. Roane presented a letter from the Cities of Eustis, Umatilla, and Mount Dora, addressed to the Board of County Commissioners, regarding additional policies to the proposed Traffic Circulation Element which insure acquisition of the needed rights-of-way, and the subsequent construction of the third leg, also known as the Eustis By-pass.

Commr. Bakich, Chairman, directed staff to look into the policies stated in the letter and notify the Board of any concerns.

Larry Kirch stated that Mr. Roane was present at the Executive Committee meeting, and based on his input at that meeting, a policy has been added that addresses the use of traffic impact fees for the purchasing of rights-of-way. The policy states that Lake County shall designate right-of-way revenues collected via the Traffic Impact Fee Ordinance.

Commr. Swartz asked Mr. Roane for a clearer understanding of the wording in the memo that says "provides for Land Use along the Corridor". Mr. Roane stated the intent was to mean the road provides access to the adjacent land uses, with further discussion from the Board regarding the suggested policies.

Commr. Swartz suggested that the staff create a policy that would address the issue of land access along the corridor with wording such as limits, controlled or managed.

Mr. Hal Turville, resident, appeared before the Board to address the issue of the level of service from Level B to Level C. Mr. John Swanson discussed the level of service changes, which are to be made by the Department of Transportation in January, with discussion from the Board.

Mr. David Dunlap, consultant from Orlando, appeared before the Board and presented a study of the capacity comparison for various types of two lane roads. The table in the study shows the characteristic of the road, and a comparison of the Ideal Level, the DOT Level, and Lake County Level calculations. The table also shows a comparison of the various levels of service during peak hours.

Ms. Eloise Fisher, member of the Traffic Circulation Committee, appeared before the Board to discuss the level of service, and changes to be made by the Department of Transportation in January. Ms. Fisher stated that the level of service is a major issue in achieving the type of growth the County wants.

Ms. Cynthia Shumaker, League of Women Voters, appeared before the Board with a concern that the residents of the County are not being given an explanation regarding the changes that are being made, and requested that the Board be sure the citizen involvement communication process remain as open as possible.

Mr. Edward Burgman, Jr., realtor and a member of the Transportation Citizens Advisory Committee, appeared before the Board to give some insight into the workings of the Transportation Citizens Advisory Committee. Mr. Burgman read, into the record, a letter addressed to Commr. Gregg. Mr. Burgman stated in the letter his concern about several of the Goals, Objectives and Policies of the Traffic Circulation Element. Enclosed with the letter are also several proposed revisions from Mr. Jim Bible, for the Board's consideration.

Mr. Jim Bible, Greater Construction Company, appeared before the Board to discuss the proposed revisions. The proposed revisions are as follows:

Policy 2-1.9: "Using traffic impact fees for non-motorized transportation improvement may be illegal". Delete or revise to read, "By February 1992, Lake County will evaluate the possibility of amending the Lake County...."

Policy 2-1.10: Delete "The County's development review process shall also require developments to obtain a development order from the County prior to obtaining curb cut permits from the Florida Department of Transportation."

Policy 2-1.15: Revise to read, "To minimize conflicts between motorized and non-motorized transportation modes, Lake County shall coordinate with the Florida Department of Transportation by 1993 or earlier to evaluate the costs and benefits of adding paved shoulders designated for non-motorized transportation to all arterial roads within the jurisdictional limits of the County at the time reconstruction or additional capacity improvements occur, in accordance with the 1983 Bicycle Bill."

Policy 2-1.16: Line 6 - Delete "at a minimum".

Policy 2-1.20: Line 6 - insert the word "plan" after the word "system".

Policy 2-3.4: Line 7 - delete "mandate dedication of right- of-way, or fees in lieu thereof, as a required condition of a development approval associated with Planned Unit Developments, site plans, plats and replats". Insert "provide methods of preserving right-of-way adjacent to or through projects".

Ms. Gena Swartz, Chairman, Transportation Citizens Advisory Committee, appeared before the Board to discuss level of service. Ms. Swartz distributed a map showing the possible Level Service B roadways.

Ms. Marian McKinney, a resident, appeared before the Board and questioned how the Board arrived at the level of service numbers.

Mr. Dick Seron, a resident of Tavares, appeared before the Board to question the criteria used by the Board to arrive at the decision to go from Level Service B to Level Service C, and stated his concern as to the present state of safety along some of the roads, such as faded center lines.

Mr. Jim Stivender, Director of Public Works, addressed Mr. Seron's concern over the safety along County roads stating that there are two contracts, currently in progress, which are striping and installing buttons along the roads.

Mr. Gregg Belliveau, member of the Executive Committee, appeared before the Board with comments regarding possible changes to the Level of Service.


At 11:20 p.m., the Chairman stated the Board would recess for lunch and reconvene at 2:00 p.m. for the Conservation Element.


Mr. Larry Kirch appeared before the Board with opening comments regarding the Conservation Element.

Mr. Kirch stated that Policy 7-6.5, which Commr. Swartz had questioned at an earlier meeting, was deleted and the language was incorporated into Policy 7-6.3.

Mr. Kirch stated the State Statute 373.0395, as quoted in the Regional Policy Plan, does not exist. He further stated that the intent of the policy is to allow no mining in the Aquifer Recharge Areas once the County's prime Aquifer Recharge Areas are defined by the Water Management District.

Ms. Marion McKinney, a resident, appeared before the Board to express her concern over the wetlands in the Lisbon area and asked that the wetlands be listed in the Conservation Element.

Mr. Kirch addressed Ms. McKinney's concern, pointing out that the area in question is addressed on pages 7-192 and 7-193 in the document.

Mr. Hal Turville appeared before the Board, with discussion from the Board regarding Map 7-22, Prime and Unique Agricultural Lands, with emphasis on the designation of agricultural lands.

Mr. Turville stated that Policy 7-6.3 should include the wording "ancient scrub". It was the consensus of the Board that the wording be added in the map series.

Discussion occurred regarding the Green Swamp Wildlife Management Area, as stated in Policy 7-13.1. Commr. Swartz stated that it was his intention, when previously discussed, that "Green Swamp" be used on a broad basis and not a limited basis. Staff was directed to talk with the Department of Community Affairs and the Water Management Districts concerning mining activities in the Green Swamp areas.

Mr. Turville called attention to Policy 7-13.5 with a brief discussion from the Board. Commr. Swartz directed staff to make Policy 7-13.5 consistent with the Regional and State policies so that it recognizes the importance of identifying and providing protection of valuable mineral resources.

Mr. Turville called attention to Policy 7-5.7 with discussion from the Board regarding the use of the word "prohibit" as opposed to "limit" as stated in the policy.

Mr. Bill Ray, member of the Executive Committee, appeared before the Board for clarification on points that had been previously discussed.

Mr. Bill Good, a resident, appeared before the Board to discuss the Traffic Element, and express his concerns with widening of county roads, and the effect of the four and six lane roads on wildlife.

Ms. Cecelia Bonifay, Attorney, appeared before the Board representing a number of clients.

Ms. Bonifay stated that she will be presenting to the Board, specific comments on each element, for their consideration.

Mr. Walter Stouffer, a resident, appeared before the Board to express his concern that property owners who live outside the County are allowed to give input into what is best for the County.

Ms. Barbara Kent, a Eustis resident, appeared before the Board with comments regarding her concerns for the environment.

Ms. Charlotte Lehner, City Council Member, and a resident of Howey-in-the-Hills, appeared before the Board.

Ms. Lehner questioned the Commissioners on how they plan to make public the documents that Ms. Cecelia Bonifay stated she plans to present to the Board for their consideration.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:00 p.m.