The Lake County Board of County Commissioners met in regular session on Tuesday, July 2, 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 (arriving at 10:00 a.m.); 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 Toni Austin, Deputy Clerk.

Commr. Bakich gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved the Minutes of May 23, 1991 (Townhall Meeting - Mascotte), as presented.

Commr. Hanson was not present for the vote.

Discussion occurred regarding the Minutes of June 4, 1991. Ms. Lustgarten requested that the following be amended:

Page 10 - Lines 10 & 11 - The motion include: "The letter will provide notice that the County was not going to invoke the automatic extension clause of the agreement, and the contract will be open for negotiation."

Commr. Swartz requested that the following be clarified:

Page 16 - Line 20 - Add: "...Mr. Dave Burkhart, as recommended by Commr. Bailey, Chairman, replacing...".

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried, the Board approved the Minutes of June 4, 1991, as amended.

Commr. Hanson was not present for the vote.

Commr. Bailey requested that the Minutes of June 11, 1991, be postponed for further review.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

COUNTY EMPLOYEES/PERSONNEL

Commr. Bailey made the following presentations:

Presentation of Plaques for Five and Ten Years of Service to:

Five Years Service

Randy A. Powers - Equipment Operator III, Maintenance Area III (Mr. Jim Stivender accepted the plaque in his behalf)

Ms. Linda R. Springston - Executive Secretary, Planning & Development

Ten Years Service

James Stivender - Executive Director, Public Works

Employee of the Month for July 1991:

Quinnette Durkin - Legal Secretary, County Attorney's Office

Presentation of check for $1,000 for savings on medical bill:

Mr. Gerry Jacobs, Risk Management, presented Mr. Franklin McKinney, Corrections, with the Employee Audit Award, a check in the amount of $1,000.00.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

Commr. Bakich made a motion, which was seconded by Commr. Gregg, to approve the following requests on the Clerk's Consent Agenda.

Ms. Linda Rosar appeared before the Board to discuss the resolutions filed by the cities, which condemn racial hate crimes, and stated that she wanted to caution the mayors, and the Board, and to go on public record saying that she hoped there would be other ways to achieve the type of continuity in the community, rather than these types of resolutions and ordinances.

The Chairman called for a vote on the motion, with the motion being carried.

Commr. Hanson was not present for the vote.

Accounts Allowed

Request for payment of Warrant No. 136783 through Warrant No. 137388, for the following accounts:

Landfills County Transportation Trust

General Revenue Mosquito Control

Northwest Fire Department Private Industry Council

Countywide Fire District Aquatic Weed

Bassville Fire District Mt. Plymouth Fire District

Commissary Trust Fund Capital Outlay

Countywide Library Special Assessments

Revenue Sharing Emergency 911 Fund

Section 8 South Lake Fire District

Northwest Ambulance Northeast Ambulance

Resort & Dev. Fund Tax Animal Shelter Trust Fund

Pasco Fire District Paisley Fire District

Miscellaneous/Gas Fund Law Enforcement Trust Fund

Law Library

Accounts Allowed/Deeds

Request transfer of $4,583.27 of unclaimed excess proceeds due landowners on applications for tax deeds from the Clerk's Account to the Board of County Commissioners' Account.

Bonds - Contractor

Request for approval of the following Contractor Bonds:

New

1649-91 Charles D. Walters d/b/a Walters Electric

4973-91 Marco Polo Builders, Inc. (General Contractor)

4976-91 Barry W. Nicholson d/b/a Ace Air Control

4977-91 Paul G. Crow (Residential Building Contractor)

4978-91 Richard P. Kofke d/b/a Kofke Plumbing

4979-91 William Blackwelder d/b/a Artdev Corp. (Electric Signs)

4980-91 Affordable Contracting, Inc. (Building)

4981-91 Arnett Electric, Inc.

4982-91 Richard Waters

4983-91 George W. Heymann d/b/a Elite Electric of Central Florida, Inc.

4984-91 Eddie T. Palmateer d/b/a Ace Heating & Air Conditioning, Inc.

4985-91 Robert T. Taylor d/b/a Freedom Electric Company, Inc.

4986-91 Alan Jay Green (Residential Pool Contractor)

4987-91 William Earl Fika (Aluminum Specialty)

4988-91 Clexton Williford (Plumbing)

4989-91 Jerry W. Smith (Electrical)

4990-91 George D. Rerecich d/b/a G D R Contracting (General)

1086-92 Don Walters Refrigeration (Air Conditioning Contractor)

3051-92 Rick Cunningham d/b/a All Phase Electric, Inc.

Cancellations

4793-91 Bruce Baumgardner

4941-91 Ronald Charles Torri

Municipalities/Resolutions

Acknowledge receipt of Resolutions as follows:

Resolution No. 4461 from the City of Leesburg condemning racial hate crimes.

Resolution No. 91-11 from the City of Tavares condemning racial hate crimes.

Resolution No. 128 from the City of Mascotte condemning racial hate crimes.

Resolution No. 129 from the City of Mascotte, designating the 4th of July, 1991, as a day of honor to honor members of the Armed Forces of the United States of America who participated in Operation Desert Storm and any other wars of armed conflicts.

Environmental Services/Committees/Meetings

Acknowledge receipt of the Notice from the Land Acquisition Advisory Council to all interested parties of a public hearing to be held in Tallahassee on June 28, 1991, at the Department of Environmental Regulation Twin Towers Office Building, for the purpose of discussing the Preservation 2000 Program and issues pertaining to it.

Accounts Allowed/Reports

Acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending May 31, 1991, in the amount of $145,531.79.

COUNTY MANAGER'S CONSENT AGENDA

PLANNING & DEVELOPMENT/SUBDIVISIONS

Mr. Al Thelen, County Manager, informed the Board that Tab 11, regarding a request for final plat approval of Skiing Paradise, Phase II had been pulled from the agenda.

Ms. Annette Star Lustgarten, County Attorney, stated that her comments in her memorandum dated June 25, 1991, regarding the above issue, have not been addressed, and resubmitted to her office for review.

Mr. Donald Allen, Jr., Allen-Madden Engineering, appeared before the Board and stated that the comments have been addressed.

Mr. Thelen suggested that the Board sign off on the plat, subject to the approval by the County Attorney.

Ms. Lustgarten stated that the issues may have been addressed, but have not been received in her office for review. Therefore, the request can be approved subject to final review by the County Attorney's Office.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, with Commr. Hanson not being present for the vote, the Board approved Tabs 1 through 19, with the exception of Tab 11, under the County Manager's Consent Agenda, for the following requests:

Administrative Services/Budget

Accounts Allowed/Budgets

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

Accounts Allowed/Budget Transfers/Mosquito-Aquatic Plant

Management/Resolutions

Request for transfer of funds in various Departments and other budget related items, as follows:

a. Approval of Budget Transfers

1. Fund: General

Department: Sheriff

From: Contingency-Sheriff $15,000.00

To: Law Enf.-Other Expenses $15,000.00

Transfer #: 91-0255

2. Fund: Sales Tax Bond Construction

Department: Capital Improvements

Division: Main Jail

From: Operating Expenses $35,000.00

To: Operating Expenses $35,000.00

Transfer #: 91-0257

b. Approval of Annual Work Plan Budget for projected expenditures for each phase of the Mosquito Management operations.

c. Approval of Resolution requesting that the Mosquito Control budget be amended to increase it by $3,750.00 from unanticipated funds received from the Department of Health and Rehabilitative Services due to the State I Allocation for FY 1990-91 being increased from $11,250.00 to $15,000.00.

County Employees

Request for approval and signature on certificates for employees with one and three years of service.

PLANNING & DEVELOPMENT

Right-of-Ways, Roads & Easements

Request for acceptance of non-exclusive easement dedication as follows:

FOR LEGAL ACCESS TO EXISTING LOT OF RECORDS:

District #3

Clifford L. and Barbara C. Suton

FOR LARGE LOT WAIVER:

District #3

William B. McLean, Jr.

Gregory L. Homan

Gregory L. and Suzanne Homan

Right-of-Ways, Roads & Easements

Request to accept non-exclusive easement dedication as follows:

FOR LARGE LOT WAIVER:

District #3

a. W. Franklin Cappleman, Jr., et al

This easement benefits the Bradford property which

is currently involved in lawsuit.

b. M. Wade Bradford

This is the alternate easement to the Bradford

properties. It is dependent on the Cappleman

easement above.

Right-of-Ways, Roads & Easements/Subdivisions/Accounts Allowed

Resolutions/Bonds

Request for final plat approval of Lake Nellie Oaks; accept an environmental easement; accept a maintenance bond in the amount of $13,718.00; and accept the following road into the County maintenance system: Nellie Oaks Bend (3-0640A). (26 lots in District 3).

Right-of-Ways, Roads & Easements

Request to accept non-exclusive easement dedications as follows:

District #3

George E. Hovis

George E Hovis

James C. and Kathryn T. Granoff

This easement is dependent upon BCC approving Lake Nellie Oaks Subdivision for final platting and recording.

Accounts Allowed/Bonds/Subdivisions/Resolutions

Roads-County & State

Request to accept a maintenance bond, in the amount of $8,170.20, for Lake Ridge Club, First Addition and accept the following roads into the County maintenance system: Lake Ridge Circle Extension (3-1043); Hilltop Drive (3-1043A); Overlook Drive (3-1043B); Ridge View Circle (3-1043C). (70 lots in District 3).

Planning & Development/Subdivisions

Request for preliminary plat approval of Greater Groves, Phase I (99 lots in District 3).

Accounts Allowed/Subdivisions/Resolutions/Roads-County & State

Request for final plat approval of Brightstraw Acres; accept an Irrevocable Standby Letter of Credit for maintenance, in the amount of $18,300.00; and accept the following roads into the County maintenance system: White Cypress Road (3-2646); Straw Flower Drive (3-2647) and Meadowlark Terrace (3-2647A). (30 lots in District 3).

Accounts Allowed/Bonds/Subdivision/Roads-County & State

Request for final plat approval of Eagles Landing; accept a maintenance bond in the amount of $4,470.00; and accept the following roads into the County maintenance system: Eagle Drive (5-6442A) and Nest Court (5-6442B).

Subdivisions/Right-of-Ways, Roads & Easements/Resolutions

Contracts, Leases & Agreements

Request for final plat approval of Palisades Country Club, Phase I; acceptance of an environmental easement from Palisades Golf Partners; acceptance of an environmental easement from Canam Palisades, Ltd.; acceptance of a Septic Tank Drainage Field Ingress and Egress Easement Agreement; acceptance of the following streets into the County maintenance system: Palisades Blvd. (3-1736), Eagle's Bluff Ct. (3-1736A), Crystal Ridge Ct. (3-1736B), Rockwell Heights Ln. (3-1835D), Springs Lake Dr. (3-1835), Majestic Ct. (3-1736D), Smokerise Ln. (3-1736C). (127 lots in District 3).

Bonds - Mobile Home

Request to accept the following mobile home bond:

Aldon & Glorida Sayles, Mt. Plymouth-Sorrento area,

District 4

Bonds - Mobile Home

Request to cancel the following mobile home bond:

Jane Smart, Fruitland Park area, District 1

PUBLIC WORKS

Accounts Allowed/Contracts, Leases & Agreements

State Agencies

Request to execute a Railroad Reimbursement Agreement and Resolution with the Florida Department of Transportation for one-half of the annual maintenance cost at Lakeshore Drive Crossing and to encumber and expend funds in the amount of $1,058.50 per year.

Deeds/Planning & Development/Roads-County & State

Request to accept the following Statutory Warranty Deeds for site plans and lot approvals:

The Board of Trustees of the Church of God -

Pine and 10th, Umatilla area

Ronald Zimmer and Elaine S. Zimmer, his wife

Meyers Road #1-7507

John C. Lory

Bronson Road #3-1038

Samuel A. Greco, Jr., a single man, and Betty F. Greco,

a single woman

County Road 25, Lady Lake area

Roy M. and Mary A. Franklin, his wife

Tex Allen Merritt and Julia Ann Merritt, his wife

Loop Road, District #2

For Subdivision Variance Case No. 21-91-2

Deeds/Roads-County & State

Request to release the following Murphy Act State Road Reservations:

Deed No. 145, William and Patricia Kohler, Carlton Village:

Reserve 33 feet from center line of Gray's Airport Road

#1-7310.

Deed No. 2519, David C. and Maxine Driggers, Lake Kathryn

Heights: Reserve 25 feet from center line of Oak Street.

Deed No. 2542, Frances L. Carter, Mt. Plymouth: Reserve

25 feet from center line of Westward Ho Avenue #4-4288A.

Accounts Allowed/Contracts, Leases & Agreements/Tourist

Development

Request to execute advertising agreement with TL Enterprises, Inc. for advertising in the Trailer Life campground and RV Services Directory, and to encumber and expend funds in the amount of $5,057.00.

PLANNING & DEVELOPMENT/SUBDIVISIONS

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the request for final plat of Skiing Paradise, Phase II, contingent upon the County Attorney's final review.

Commr. Hanson was not present for the vote.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES/BUDGET

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board approved the following, in regards to the Surety (Insurance) Substitution for the Debt Service Reserve Fund Sales Tax Bonds, Series 1987:

a. A Resolution, Debt Service Reserve Fund Policy

Agreement, Insurer's Consent and Acknowledgement and

Tax Certificate.

b. Authorization for the Chairman to execute documents.

c. Funds in the amount of: $126,230.00 Premium for Debt

Service reserve insurance policy; and attorney's fees

(Bond Counsel) not to exceed $7,000.00; and $20,000.00

for Financial Advisor, Public Financial Management, Inc.

Commr. Hanson was not present for the vote.

COUNTY MANAGER

PLANNING AND DEVELOPMENT

Ms. Jean Kaminski, Executive Director of the Home Builders Association, appeared before the Board to discuss the request for a letter of support of an increase in the HUD mortgage limits.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the request, as stated above by Ms. Kaminski.

Commr. Hanson was not present for the vote.

ACCOUNTS ALLOWED/JAILS

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried, the Board approved the request of GTE's proposal for $17,493.44 for prewiring the telephone service in the new jail and to encumber and expend funds.

HEALTH & GENERAL SERVICES/VETERANS SERVICE/CLERK

Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board to discuss the request made by the Florida Freedom Festival in Tallahassee for Honor Guard participation from Lake County. He stated that most of the volunteers have commitments made for the upcoming July 4, 1991,

events in Lake County. He further stated that donations will voluntarily be made by the different groups.

Commr. Swartz made a motion, which was seconded by Commr. Bakich, to approve the request by staff to try and find an Honor Guard to participate in the event in Tallahassee, as discussed by Mr. Strickland.

Ms. Linda Rosar appeared before the Board and commended the community's response to Desert Storm, and the inclusion of the Vietnam Veterans in the festivities.

The Chairman called for a vote on the motion, with the motion being carried.

Commr. Hanson was not present for the vote.

PLANNING & DEVELOPMENT

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES/WATER RESOURCES

It was noted that the request to amend the existing agreement with the St. Johns River Water Management District for land use mapping of Lake County has been pulled from the agenda.

COMMITTEES/OUTDOOR RECREATION

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to reduce the Level of Service in County parks, as recommended by the Parks and Creation Impact Fee Committee, from 5.9 acres/1000 population to 2.9 acres/1000 population. Mr. Swanson stated that the 2.9 acres have been adjusted, and requested that the actual figure be representative of the figure (1.7) in the Comprehensive Plan. Mr. Swanson presented the background history, which determined the 2.9 figure.

Ms. Debbie Stivender appeared before the Board and presented an explanation of the Committee's study, with the recommendation from the Committee being 1.5 to 1.7 acres.

Commr. Gregg made a motion, which was seconded by Commr. Bakich, to approve the request to reduce the Level of Service, to reflect the Comprehensive Plan figures, 1.5 to 1.7.

Under discussion, Commr. Bakich stated that he is concerned with the reduction being from 5.6 to 1.5 to 1.7, with no funding mechanism. He stated that he will support the reduction, until such time as a funding mechanism is developed, with the level being increased to 2.5, as discussed.

Commr. Swartz stated that the Board has chosen not to use the financing mechanism, the impact fee, for the Parks and Recreation. He stated that he will vote against the motion, because the wrong approach is being taken to the concept of the Comprehensive Plan. He further stated that growth should pay for itself, and the concept to reduce the acres per 1,000 was to reduce the fee that would come from the impact fee, which was reduced by 50%, and this is still being ignored with the acreage still declining.

Commr. Bailey stated that priorities need to be established, and that the timing is not right for the impact fees.

The Chairman called for a vote on the motion, with the motion being carried by a 3-1 vote. Commr. Swartz voted "no", and Commr. Hanson was not present for the vote.

COUNTY POLICY/TOURIST DEVELOPMENT/COMMITTEES

Mr. Dave Warren appeared before the Board to discuss the request for the approval of the Tour and Travel Policies and Procedures for the Lake County Tourist Development Council. Mr. Warren stated that this would put Lake County in a competitive position with other Tourist Development Councils in the State.

Commr. Gregg addressed Page 3, VIII. Transportation, A.2.a., which pertained to first class travel. At this time, he requested that this portion be deleted from the Travel Policies and Procedures.

Commr. Swartz addressed Page 2, VII. Rates of Payment, B. Actual Meal Expense for Domestic Travel, which allows for reimbursement for meals.

Commr. Bailey discussed the possibility of writing the Policies and Procedures in the same fashion as the County's policies.

Mr. Thelen, County Manager, suggested that the Policies and Procedures be approved for a six month period, to include a sunset clause, and then have these submitted to the Board one month before the sunset date, with Mr. Warren presenting a report.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the Lake County Tourist Development Travel Policies and Procedures, with the amendment, to delete the first class rates, as stated above, and with a six month sunset clause.

COUNTY ATTORNEY'S MATTERS

PLANNING & DEVELOPMENT/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a lawsuit has been filed in the rezoning of the AuClair property. To date, the only individual who has been served is Commr. Swartz, with all Commissioners and the County being named in the suit. Ms. Lustgarten stated that the County will be opposing the lawsuit in court, and that the suit is a challenge to the rezoning that occurred. She stated that she will update the Board on this issue.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

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

PLANNING & DEVELOPMENT/ROADS-COUNTY & STATE

Commr. Bailey informed the Board that he and Commr. Hanson both served on the committee which discussed the beltway through Lake County.

Mr. Robert Mandell was present to discuss the request, and to extend appreciation to the Board members for their participation.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the request from Mr. Robert Mandell to adopt the name "Central Florida Greenway" for the beltway as it goes through Lake County.

The motion was carried by a 3-1 vote, with Commr. Swartz voting "no", and Commr. Hanson not being present for the vote.

RESOLUTIONS/WATER RESOURCES

Commr. Bailey stated that a request has been made by the West Orange Chamber of Commerce for a resolution calling for action by appropriate authorities to achieve clean water in Lake Apopka by 2000. He stated that he would support the Board approving this request.

Commr. Gregg made a motion to approve the above request.

Under discussion, Commr. Swartz suggested the Board ask the St. Johns River Water Management District to appear and explain this issue, and why the rule is being reconsidered.

Commr. Gregg withdrew his motion and stated that he has no problem with the request by Commr. Swartz.

At this time, it was noted that the Board will request St. Johns River Water Management District to appear before the Board for an explanation of the above issue.

RECESS & REASSEMBLY

At 9:45 a.m., the Chairman announced that the Board would take a recess until the 10:00 a.m. public hearing.

COMMISSIONERS

At 10:00 a.m., Commr. Hanson appeared for the conclusion of the meeting.

PUBLIC HEARINGS/TIMES CERTAIN

PLANNING & DEVELOPMENT/SUBDIVISIONS

Ms. Annette Star Lustgarten, County Attorney, presented the following amendments to the MSBU for Greater Groves:

On Page 1, Line 3 - Insert after "transportation", maintenance of open space and common areas,

On Page 3, Line 15 - Insert after "transportation", maintenance of open space and common areas,

On Page 3, Line 26 - Insert after "transportation", maintenance of open space and common areas,

On Page 4, line 20 - Insert after "transportation", maintenance of open space and common areas,

On Page 5, Line 4 - Insert after "transportation", maintenance of open space and common areas,

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the above amendments to the MSBU for Greater Groves, as presented by the County Attorney.

Commr. Swartz made a motion, which was seconded by Commr. Gregg, to approved the MSBU for Greater Groves, as amended above.

Under discussion, Mr. Al Thelen, County Manager, clarified the issue of parks and recreation, street lights, sidewalks, and storm drainage, and a phrase in the MSBU that states "and other essential municipal services". Questions have been asked from the people in Greater Hills whether or not their MSBU is going to provide them with fire service and/or solid waste service. He stated that the answer was "no", and a challenge has been made on this language.

Mr. Bob Mandell, President of Greater Construction Company, appeared before the Board and stated that there is no intention of having these ordinances provide anything other than the items specified in the ordinance.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the ordinance has been amended to authorize the use of non ad valorem assessments, which cannot be done until the County has gone through the public hearing process and adopt a resolution in December, 1991.

Mr. Al Thelen, County Manager, informed the Board the budget from Greater Groves has been received and will be presented to the Board today along with the County budget.

The Chairman called for a vote on the motion, with the motion being carried unanimously.

RECESS & REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would recess until 11:00 a.m. for the next public hearing.

PUBLIC HEALTH/REPORTS

Ms. Allison Thall, Health Services Coordinator, appeared before the Board and introduced Mr. Don Dixon, District III HRS Mental Health Council.

Mr. Dixon stated that he is before the Board to request approval of the 1991-1993 HRS District III Alcohol & Drug Plans. Mr. Dixon stated that the request does not require additional funding at this time, but basically assesses the district's needs, and compares the needs with available resources.

Mr. Dixon discussed a request that had been made by the Board to add a statement concerning Certificates of Need. He stated that the statement will be included, as requested.

At this time, Mr. Dixon discussed the statistics involving mental health and substance abuse, and answered questions regarding the consideration that is being given to reorganize these districts and make them the same as the Regional Planning Council districts. He stated that there are a number of proposals being made, including one that suggests reorganizing the district according to the judicial circuit.

Mr. Al Thelen, County Manager, stated that Mr. Lonnie Strickland, Director of Health and General Services, now sits on the subcommittee, after attending the Regional Planning Council meeting, and he has requested that Mr. Strickland prepare a memorandum as to the position being taking for the redistricting, which would involve moving the HRS District from Gainesville to Orlando. Mr. Thelen stated that the necessary information will be provided to the Board for consideration, in order for the Board to take a position on the issue.

Mr. Dixon stated that one of the items being considered on this issue is the population distribution, urban versus rural, with the intent being to reduce the size of the service areas. At this time, Mr. Dixon introduced Ms. Trudy Blackstone, Client Manager, who is assigned to the Lake and Sumter areas.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the HRS District III Alcohol & Drug Plans, 1991-1993, contingent upon the amendment for the Certificates of Need.

RECESS & REASSEMBLY

At 11:15 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for the budget workshop.

PLANNING & DEVELOPMENT

Commr. Bailey discussed the agenda prepared for this evening on the Comprehensive Plan. He stated that the Land Use Element is scheduled to be heard last, and suggested that this be made the first item for discussion.

PLANNING AND DEVELOPMENT

Discussion occurred regarding the request made by Ms. Jean Kaminski this morning, in regards to the increase in the HUD mortgage limits.

Ms. Kaminski clarified that the request was actually to have the Board make the request as the Board of County Commissioners, for this increase.

At this time, it was noted that the Board will direct a letter in this form, as requested by Ms. Kaminski.

BUDGETS

Mr. Al Thelen, County Manager, spoke on some of the major issues of the budget, and reported that the overall budget is down a little over 16 1/2 million dollars over last year's budget, which is $127,351,263.00 as compared to $144,012,854.00. He stated that most of the decreases are due to the reduction in the Capital Fund for the Justice System. At this time, he reviewed several of the different major funds, including the General Fund, which sets the mill levy, and reflects an expenditure of $37,854,865.00, which is approximately a 1.3% decrease from the adopted budget last year. At this time, he discussed the 4% increase in the budget, and the Corrections budget. Mr. Thelen summarized the budget, and stated that it meets the goal of the Board, and holds the line on the property taxes, at the mill levy rate of 4.938. He continued to review the information in the Executive Summary presented to the Board. Mr. Thelen stated that 11 new positions are being proposed other than Corrections, with detailed information provided in the budget.

Mr. Tom Neumayer, Corrections Department, appeared before the Board to discuss the information provided on the Corrections Department. Mr. Neumayer stated that he is of the understanding that there has been a great deal of concern with other departments regarding the anticipated amount of increase in the Corrections' budget. At this time, Mr. Neumayer presented an overview of the information provided to the Board.

Mr. Neumayer stated that the average daily population figures have not approached the number that was anticipated by the consultants when the jail was planned, which was a County inmate population of 486 for the year, which also incorporated 150 leased beds for the June through September period. Mr. Neumayer stated that a difficult area was the leasing of the beds, with the County being able to accommodate 128 leased beds, or below, which will permit the County not to utilize levels three and four of the new facility. The utility savings would be significant. The leasing of the beds from June to September would provide an anticipated amount of revenue of a little over 1/2 million dollars, at $50.00 per day. There has been no actual commitments for beds made from other agencies.

Mr. Neumayer discussed the staffing of the new facility, and stated that the staffing proposal, in the realm of security personnel, is still subject to approval by the State Department of Corrections. He went on to discuss the utilization of the main jail.

In summary, Mr. Neumayer stated that the net increase of approximately $955,000.00, deducting the offset for the anticipated revenue from the leasing, is a substantial amount of increase. He stated that the budget of $8,093,416.00 would allow the opportunity to deliver the required level of service to the community.

Commr. Gregg stated that, during the Jail Task Force meetings, the projected inmate population was being considered, with both judicial and law enforcement indicating 600 inmates the day the jail opened, with Mr. Neumayer's projection being substantially lower. This included the leasing of 300 beds. At this time, he discussed other alternatives for the leasing of the additional beds.

Mr. Neumayer stated that some staff and transition team members are still housed in the temporary jail, and that it is strictly being used for training.

Discussion occurred regarding the possible sale of the temporary buildings, with Mr. Thelen indicating that the property was purchased through the infrastructure tax. Discussion continued regarding the authorization by the State to close the temporary facility, and the possibility of auctioning off the building.

Mr. Thelen discussed the population projections, with Mr. Neumayer presenting figures for 1989-1991, including the number of inmates, and population rates that were projected during those years by the County and the State. He stated that there are presently about 100 beds available.

Mr. Thelen stated that the projection for 1992 involves the leasing of most of the available spaces.

Commr. Hanson questioned the need for more personnel when the higher number of prisoners are not being projected. After continued discussion, she stated that she would like to see Mr. Neumayer continue to work on his budget, and save in the administrative and clerical areas, based on the figures presented, and that she feels there should be no increases in personnel, other than what has been mandated in this particular area.

ASSESSMENTS/ENVIRONMENTAL SERVICES/PROPERTY APPRAISER

Ms. Terri King, Special Revenue Technician, appeared before the Board to discuss the proposed non-ad valorem assessments for fire/rescue and solid waste. She presented the Board with a package, which included the form letters being sent to the general public, the inquiries that have been made (phone calls, letters, and average walk ins), and the special issues, including the errors in the original data base, aggregating, and the exemptions for solid waste. Ms. King stated that the biggest problem involves incorrect addresses.

Discussion occurred regarding aggregating property for the determination of fire tax, with an explanation being given that an individual will pay $34.68 for up to one acre of property, and for every acre beyond the one acre that can be aggregated, the individual will pay $.41 an acre, but that staff will need the assistance of the public in coming forward with this information.

Mr. Thelen discussed the legality of sending individual notices to each individual in mobile home and RV parks. He also discussed the proposed aggregation of vacant lots in established parks, and newly developed parks that may have only 10% of the area developed and occupied.

Ms. Annette Star Lustgarten, County Attorney, stated that there is no authority to impose special assessment on tangible personal property, because a special assessment is imposed on real property. She stated that Chapter 723, which controls the operation of mobile home parks, requires that, if there is an increase in fees for a variety of reasons, that they have to give 90 days notice to the residents. There is statutory language that provides for a "pass through" increase in fees, which is effectively a government increase. The Commission could possibly adopt a resolution making it clear that this is a government non ad valorem assessment, and is a government cost and would be viewed as a "pass through" cost. This would assist the residents with one of their concerns. She stated that the resolution can be made available for the public hearing.

Discussion occurred regarding the exemptions for solid waste, including alternate disposals such as dumpsters, with Mr. Don

Findell, Director of Environmental Services, discussing the monitoring factor. Discussion continued regarding affidavits to be signed by property owners, in order to receive the exemptions. Mr. Findell stated that he is seriously concerned about getting a lot more exemptions than originally anticipated.

Mr. Findell stated that a budget was presented to the Board in May that was predicated on an $80.00 tipping fee, which included construction demolition debris at $80.00 a ton, and if the County maintains the tipping for construction demolition debris at $20.00 a ton, as it is currently doing, there will be a 1 1/2 million dollar deficit from the budget that was prepared. He stated that he has approximately two million dollars less in revenues than what had originally been presented in the budget.

Mr. Findell stated that 6.5 million dollars has been projected to be generated through the special assessments in the unincorporated area, for collection and disposal.

Commr. Swartz stated that there is also the possibility that the cities do not provide what they have indicated, which will present more of a revenue shortfall. He went on to discuss the disposal rate, commercial and residential.

Commr. Gregg stated that he is concerned with the rates being discussed, because a lot of the residents cannot afford to pay it.

Commr. Hanson stated that she would like to see the County end up with a $60.00 tipping fee, rather than $80.00, which has been projected, with Commr. Bailey stating his concerns for the high rates being projected for residents.

Commr. Gregg questioned whether or not the County has worked with Ogden Martin on outside sources for solid waste, with Mr. Findell stating that the County has pursued this issue, along with Ogden Martin aggressively pursuing reducing their shortfall payment that they would have to make.

Commr. Gregg stated that he feels that the "green box" needs to be investigated, because of areas where special assessments cannot be applied. He stated that there is going to be a problem with the people in these areas not being able to afford the rates, and a problem with the deterioration of the roads that are not maintained, with the trucks not being able to get down the roads. He stated that alternatives need to be developed, not only exemptions.

Mr. Findell stated that he is seriously concerned with the establishment of the equity for the system, and that concerns have been expressed by people who even resent the fact that the County is even considering exemptions for low income people.

Commr. Swartz discussed the information he has been provided, in regards to what people are presently doing with their garbage. He proposed that those people who have a problem in terms of costs, about one-half of the cost is associated with the collection and recycling costs. If you give to those people who are going to the landfill the alternative of saving their money for the collection (self hauler) and only charge them for the disposal part, the County will cover what it costs to operate the system; no one is having to subsidize their haul rate; and they will have to show that they haul it and dispose of it properly, in order to receive a credit on the next year.

Commr. Bailey and Commr. Hanson supported the County investigating the use of the "green box".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:45 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA\BOARDMIN\7-2-91\7-25-91

The Lake County Board of County Commissioners met in special session on Tuesday, July 2, 1991, at 5:05 p.m., at the Agricultural Center, 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; and Marlene S. Foran, Deputy Clerk.

PLANNING & DEVELOPMENT

COMPREHENSIVE PLAN

Commr. Bailey, Chairman, opened the meeting with welcoming comments, stating that those in the audience would have the opportunity to comment on each individual Element or may make general comments on the overall Comprehensive Plan.

Mr. John Swanson, Director of Planning and Development, appeared before the Board to read (for the record) a letter addressed to him, dated June 17, 1991, from Ms. Robert B. Kent (Barbara), 619 Cayuga Heights Road, Ithaca, New York. Ms. Kent's letter addressed listing of her property, known as King Grove, on the Master Site File; a request to remove wording from Policy 2-3.5 on page II-8, regarding a line drawn through the middle of one of King Grove's underground irrigation systems; the addition of King Grove to the list of "Historically Significant Housing"; and the addition of the King Grove 1875 farmhouse on Map 5-3.

Mr. Paul Bethune, a resident of the Minneola area, appeared before the Board to state his support of impact fees and expressed his concern that residents, in developments with septic tanks, are not paying their way. He stated the general population of Lake County should have some assurance that they are not putting money in the pockets of developers. Mr. Bethune further stated that no resident of the County should lose money because of surrounding development depreciating their property.

Ms. Charlotte Lehner, a resident of Howey-in-the-Hills, appeared before the Board to address the issue of taking private property and quoted a portion of the Fifth Amendment of the United States, which states that "No person shall be deprived of life, liberty, or property without due process of law, nor shall private property be taken for public use without just compensation." Addressing the issue of Transfer of Development Rights (TDRs), Ms. Lehner stated that the Florida Administrative Code Policy specifically encourages the use of TDRs, or any other legal means, in order to help solve the problems, conserve natural resources, and protect the environment in conservation and wetland areas.

Mr. Carl Lindstrand, a resident of Tavares, appeared before the Board in support of the Comprehensive Plan, stating there have been few changes made in the Future Land Use Map since the presentation of the first map. Mr. Stratton expressed his concern that a "world city" is evolving in order to provide a big tax base and increase the size of County government, which will result in an increase in taxes. Mr. Stratton stated he regrets that the growth plan was turned down by the State, but appreciates the comments made by the Department of Community Affairs.

Ms. Jamie Seymour-Nye, a resident of the Wekiva River Basin area, appeared before the Board and questioned if the vesting language, being referred to in the Comprehensive Plan, will affect the Wekiva River Protection Area.

Ms. Annette Star-Lustgarten, County Attorney, responded that the provisions in the Wekiva River Protection Area, regarding plats that are vested, with the exception of the Comprehensive Plan, have not changed. Ms. Lustgarten stated that the language Ms. Nye is referring to is general vesting language pertaining to the remainder of Lake County.

Mr. Jim Rogers, representing Mid Florida Lakes, appeared before the Board to commend the Board of County Commissioners on the good job they have done in presenting the Comprehensive Plan to the State.

Ms. Ruth Yancy Ray, a resident of the Green Swamp area, appeared before the Board to express her appreciation for the excellent job that has been done by the Board and staff in preparing the Comprehensive Plan, encouraging the Board to stand firm. Ms. Ray stressed the importance of becoming a more self sufficient county, and not relying on the government or State.

Mr. Hal Turville, President of the Lake County Conservation Council and a resident of Clermont, appeared before the Board to state the key is affordable when addressing the issue of the cost of the Comprehensive Plan. Mr. Turville stated that sprawling development is the most expensive way to develop the County. He further stated that he does not support spending his tax dollars to fight the DCA.

Ms. Audrey Reed, a resident of Howey-in-the-Hills, appeared before the Board to express her concern that it is not possible to identify specific areas on the maps that were presented to DCA due to their size, questioning if they will remain in the same scale as was presented.

Mr. Larry Kirch, Director of Comprehensive Planning, responded that a series of maps, consisting of approximately seven maps, will be prepared for final adoption, and the final display of the map series will be 24 feet by 36 feet in size.

Referring to the Recreation and Open Space Element and the Capital Improvement Element, Ms. Reed expressed her concern for the lack of agreement between the various elements in the Plan.

Mr. Swanson responded that staff would welcome comments from Ms. Reed regarding the lack of agreement between the elements in question; at which time, they would review her comments and make the necessary corrections.

Ms. Jackie Putnal, Executive Officer of the Lake County Association of Realtors, appeared before the Board representing Mr. Johnny Hail, President of the Association. At this time, Ms. Putnal read (for the record) a resolution passed by the Lake County Association of Realtors expressing their support of the Comprehensive Plan. Ms. Putnal commended the Board and staff for their patience and fortitude in preparing the Plan.

Mr. Buddy Graham, a resident of Lake Yale, appeared before the Board and requested clarification of language that states a residential area will be vested for eighteen months if a preliminary plat has been submitted, even though it is inconsistent.

Responding to Mr. Graham's request for clarification, Ms. Lustgarten stated he would be entitled to that density, as reflected on that plat, with construction started within eighteen months.

Ms. Ronnie Caggianno, a resident of Lake County, appeared before the Board to state that when construction stops, growth stops. She expressed her support of the Plan, stating that there is a lot of support from the community in support of the Plan.

Ms. Jamie Seymour-Nye reappeared before the Board to again address the issue of vesting in the Wekiva Basin area. Ms. Seymour-Nye stated that the Board of Zoning Appeals determined that vested properties in the Wekiva Basin area did not have to abide by regulations in the Wekiva, and that it was not just densities that were vested. Ms. Nye questioned what will be done about vesting for the rest of the County.

Ms. Lustgarten responded that the Wekiva amendment is being clarified to state that only density is being vested. Ms. Lustgarten stated the section of the Comprehensive Plan that applies to the Wekiva Protection Area is the same as previously existed, with language being clarified regarding density permitted, based on zoning in place as of March 11, 1990.

Ms. Jennifer D. McMurtray, a resident of Eustis, appeared before the Board to state that the Comprehensive Plan has many excellent features, with several areas that need additional clarification. Ms. McMurtray stated that the population figures are greatly inflated, encouraging unnecessary growth; the level of service for rural highways is increased without justification,

causing urban sprawl; golf courses should not be classified as open space; and the Future Land Use Map is not defendable. Ms. McMurtray stated that she does not support fighting DCA with tax money, and would like to see a change from the philosophy of "anything anywhere" to looking more to protecting resources.

Mr. John Benton, a member of the Lake County Conservation Council, appeared before the Board to address the Recreation and Open Space Element and to state he supports two and one-half (2 1/2) acres per thousand people for open space. Mr. Benton stressed the importance of the quality of life in Lake County.

Mr. William A. Ray, a resident in the Clermont area, appeared before the Board to commend the Board on the excellent job they have done and the stand they have chosen to take. Mr. Ray reviewed changes that he feels should be made in the Replacement Pages, as follows: Page I-6, language should be added to cover Agricultural to the list of Best Management Practices that are to be utilized. Page I-7, Policy 1-2.2: clarification should be made to language which states "shall use the 100 year floodplain for development where no other alternative exists. Page I-11, Policy 1-2.6: define language regarding 25 percent open space being set aside where designated species exists. Page I-25, Policy 1-11.18: define the term "pre-existing" as stated in "pre-existing environmental constraints". Page VII-39, Policy 7-17.3: Land Management to Enhance Wildlife: language should be reworded to incorporate "economic liability and economic feasibility of wildlife management". Mr. Ray stated the importance of protecting his rights, the County's rights and encouraged the support of the Comprehensive Plan in front of them.

Mr. Robert Hester, III, ABC Fruit Company, appeared before the Board in support of the Comprehensive Plan, stating development will flow into areas because there are areas that are more desirable to develop in than others.

Ms. Elizabeth Bethune, a resident of Minneola, appeared before the Board to question why DCA is concerned with urban sprawl and environmental degradation in Lake County, stating it is simplistic to state urban sprawl is synonymous with metropolitan decentralization. Ms. Bethune also questioned why the majority of the Lake County Commissioners are fighting the DCA in protecting urban sprawl and environmental degradation.

Ms. Rhonda Gerber, a resident of Leesburg, appeared before the Board to question what amount of State funding the County will lose, in terms of dollars, if it is the decision of the Board to fight DCA, and the County is found in non-compliance.

Mr. Al Thelen, County Manager, responded the amount of State funding would be approximately $3,000,000.00 to $4,000,000.00, with Mr. Swanson responding the monetary issue of sanctions placed against the County by the State would only go back to the date of non-compliance with the plan.

Mr. Bill Cameron, a resident of Clermont, appeared before the Board to express his support of the position the Board is taking on the current Future Land Use Plan, stating he supports taking a stand now for the rights of the residents of Lake County.

Mr. Frank Bouis, a resident of Leesburg, appeared before the Board to express his support of the Board in their endeavor to represent Lake County in the process of adopting the County's Comprehensive Plan. He stated Lake County needs a new economy that will encourage young people to move into the County, a place for families, careers, opportunities, and also provide a place for senior citizens. Mr. Bouis objected that the Plan does not explicitly state that one of the purposes of the Plan is to provide for a new economy. In closing, Mr. Bouis stated the Board should represent Lake County and Lake County alone and no one else.

Mr. Cliff Whitaker, a County resident, appeared before the Board in support of the Comprehensive Plan as it was sent to DCA. Mr. Whitaker stated that if DCA wants something done, let DCA mandate it; therefore, when the blame comes down, the property owners in Lake County will not file a class action suit against the Commission.

Mr. Claude Smoak, a resident of Clermont, appeared before the Board to state the Comprehensive Plan tries to set a natural changing and flowing capitalistic environment into a written document. Mr. Smoak encouraged the Board to negotiate reasonably but not sell their principles to the Comprehensive Plan. He expressed his support, and the support of the public, to the Board, stating that the residents of Lake County want to see a representative form of government that will listen to the residents.

Mr. Murphy Cameron, a resident of Tavares, appeared before the Board to state it can be agreed that no one is against growth, no one is against making money, and no one is against doing what is right, but there has to be some agreement on how the County is going to work this out. Mr. Cameron stated he cannot support using his money to fight DCA. He further stated he wants responsible government and does not want a government that will not listen.

Mr. Jay VanderMeer, a resident of the Green Swamp area, appeared before the Board to state no plan is perfect. He stated he supports the current Plan, and encourages the Board not to allow DCA to dictate to the County.

Ms. Gena Swartz, a member of the Executive Committee and the Traffic Circulation Element, appeared before the Board to state we should not degrade our environment by having policies that do not accomplish anything but sound good. Ms. Swartz stated that DCA's comment in the Objections, Recommendations and Comments (ORC) report states the preservation of the environment in Florida depends totally on future growth occurring in the areas that are suitable for growth.

Mr. Darryl McAteer, representing a land owner in the County, appeared before the Board in support of the Comprehensive Plan and to state that mitigation is not a profitable undertaking; and expressed his support of the use of impact fees.

Ms. Kathleen Traywick, a resident of the Altoona area, appear before the Board, to commend the Board on the excellent work that they have done, and to state she supports planned growth.

Mr. Steve Richie, Attorney and resident of Lake County, appeared before the Board to state that Lake County needs to look at economic development, and the Board of County Commissioners should become involved only if it deals directly with health, safety and welfare.

Mr. Jim Bible, representing Greater Construction, appeared before the Board to state that the Board has taken actions on transportation which should be included in the Plan. He stated that the location of two future interchanges should be placed on the Future Land Use Map, and consideration should be given to placing the Northwest Beltway on the map. He stated that development in the floodplain areas is prohibited, but in many cases they tend to be engineered to a certain extent, and the Plan should contain language which would allow this.

Mr. Greg Beliveau, a Lake County resident, appeared before the Board to address the level of service, on U.S. 441 between Leesburg and Tavares, in the Traffic Element, Policy 2-1.1. Mr. Beliveau stated that the level of service should be maintained at Level of Service D and supports retaining this policy in the plan. He further expressed his support of Policy 2-4.2: Proposed Improvements to State Road 500. Mr. Beliveau stated that the vesting language in the Wekiva River Protection Area allows more rights than the vesting language in the County as a whole. He stated he supports the language in the Wekiva Basin and would support incorporating that language countywide.

Ms. Cecelia Bonifay, Attorney, representing a number of private and public sector clients whose interest would be affected through the implementation of the Comprehensive Plan, appeared before the Board in support of certain elements of the plan. Ms. Bonifay addressed the issue of Open Space, level of service for parks, population projections and concurrency management. Ms.

Bonifay stated that the government that governs best is the government that governs lest. She stated that new growth and development will not support all that is required within the plan. She urged the Board to send the Plan to DCA, with the technical modifications, and to begin, in good faith, a meaningful and serious negotiation process.

Mr. Ed Bergman, a resident of Leesburg, appeared before the Board in support of the Comprehensive Plan, and to state that there are a few technical modifications that should be made, particularly in the level of service on 441 between Lady Lake and Tavares. Mr. Bergman stated that he is completely convinced that the Board must stand fast on the Plan.

Mr. Egor K. Emery, a resident of Lake County, appeared before the board to state that he does not support the 100 year floodplain, and golf courses do not meet the requirements of open space. Mr. Emery stated that DCA's comments are beneficial to the Comprehensive Plan and, rather than fight the State to keep them from doing what will benefit Lake County, he urged the Board to adopt their comments.

Ms. Ruth Yancy Ray reappeared before the Board to discuss language, in the Conservation Element, VII-63 Environmentally Sensitive, which states "recharge areas, and habitat inhabited or potentially inhabited". Ms. Ray stated that "potentially inhabited" language is much too strong and should be deleted.

Mr. Jim Simpson, a resident of Mt. Dora, appeared before the Board to state (for the record) his complaint against the inefficiencies in the urban planning areas, and the delineation of the utilities. He stated ways that have been set up have not been appropriate with overlapping services, resulting in non-efficient utility services being furnished to some areas. Mr. Simpson stated (for the record) his concern that the cities have set aside agricultural areas within their planning areas, which is in conflict with the County plan. He further stated it is inconsistent for the cities to have an urban planning area, yet they are setting aside property as an agricultural classification. He further protested the scheduling of a public meeting, by a city, to work on their planning agreements, which is directly in conflict with the County's public hearing.

Mr. Rex McPherson, a resident of Lake County, appeared before the Board to publicly state that he appreciates the courage and leadership that the Board has shown. He stated that he feels the Plan is a fair plan and urged the Board to adopt it as it was transmitted.

Mr. Larry Gibbons, a resident of Lake County, appeared before the Board to state the community should have a right to determine its future and decide land use issues. Mr. Gibbons stated the Board should not let the motivations of those concerned with only their own welfare influence the Board's ability to enact policies to prevent reckless development.

Mr. Don Warren, a resident of Lake County, appeared before the Board in support of the Comprehensive Plan and to state the Plan should be adopted as it stands.

Mr. Durrell Toole, a resident of Lake County, appeared before the Board to state his support of the Comprehensive Plan.

Ms. Susie Bergman, a resident of Leesburg, appeared before the Board in support of the Comprehensive Plan as it has been presented.

At this time, the Chairman closed the public comment portion of the public hearing.

Commr. Bailey directed staff to prepare, in written form, comments made by the audience for the Board's review.

Ms. Lustgarten made clarification on the vesting language, in the Future Land Use document, I-57 B. Density Exceptions, 2., which should read "A complete application for site plan approval or an application for preliminary plat approval was filed prior to December 21, 1989.", with the remainder of the language in Number 2 becoming Number 3, which shall read as follows: "Development has

commenced two (2) years for a site plan or eighteen (18) months for a preliminary plat, from the effective date of the Ordinance."

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board moved to place the Grassy Lake Road interchange on the Transportation and Future Land Use Maps.

Commr. Swartz voted "No".

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board moved to place the Sumter County, Lake County interchange on the Transportation and Future Land Use Map.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board moved to place the Beltway (Mt.Plymouth/ Sorrento) on the Transportation and Future Land Use Map.

Commr. Swartz voted "No".

In answer to a question presented by Commr. Bakich regarding the 100 year floodplain, Mr. Swanson stated that Policy 1-2.2, page I-7 of the Land Use Element, contains language and clarification which will permit development within the 100 year floodplain.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board moved to permit development in the 100 year floodplain and prohibit development in the floodway.

Commr. Swartz voted "No".

Commr. Bakich made a motion, which was seconded by Commr. Gregg to place the Southlake Development on the Future Land Use Map and acknowledge in text a density of thirteen (13) units per acre as reflected in the Development Order signed by the Department of Community Affairs.

Under discussion, Commr. Swartz asked for clarification from staff if the motion allows an increased density only to the Southlake Development and no other developments, with staff responding that the increased density is restricted to the Southlake development and the order was signed by DCA.

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

Commr. Swartz voted "No".

Commr. Gregg directed staff to prepare, in written form, comments that have been made and have them available for the next public hearing.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board moved to recommend, to the Lake County Board of County Commissioners, approval of the Lake County Comprehensive Plan, with the appropriate amendments.

Commr. Swartz voted "No".

Commr. Bailey stated that the Comprehensive Plan will be presented before the Board of County Commissioners on July 9, 1991, at 5:05, in the Commission Chambers, 5th Floor of the Lake County Courthouse.

There being no further business to be brought to the attention of the Local Planning Agency, the meeting adjourned at 7:45 p.m.

___________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

__________________________

JAMES C. WATKINS, CLERK

msf/7-5-91/7-2-91