The Lake County Board of County Commissioners met in regular session on Tuesday, January 3, 1995, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Rolon W. Reed, Interim County Attorney (A.M. Only); Mr. Timothy Hoban, Senior Assistant County Attorney (P.M. Only); Peter F. Wahl, County Manager; Mary Shell, Executive Assistant to BCC Office Manager; Neil Kelly, Chief Deputy, Administrative Services Department; and Marlene S. Foran, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for approval of Budget Transfers and For Your Information Item from the Finance and Audit Department, as follows:
BUDGET TRANSFERS
Fund: Solid Waste
Department: Solid Waste Disposal Operations
From: Contingency $ 129,551.00
To: Machinery & Equipment $ 129,551.00
Transfer No: 95-048
Justification: 2 tankers approved by Board on 7/5/94 were not purchased in Fiscal Year 93/94 and rolled into contingency at year end. Requesting money from contingency for these items in Fiscal Year 94/95.
Fund: General
Department: Planning and Development/Community Services
Division: Planning Services
From: Professional Services $ 23,572.00
To: Contractual Services $ 23,572.00
Transfer No: 95-038
Justification: Monies that were budgeted for microfilming in Planning Services Professional Services account will be more conveniently placed under Community Services Records Management account.
Fund: County Transportation Trust Fund
Department: Public Services
Division: Special Services
From: Contingency $ 1,920.00
To: Machinery & Equipment $ 1,920.00
Transfer No: 95-049
Justification: Funds needed to purchase computer software due to a carry forward situation from Fiscal Year 93/94. The above mentioned item was not received and invoiced before the close of Fiscal Year 93/94.
Fund: General
Department: Sheriff - Corrections
From: Contingency $ 10,000.00
To: Corrections - Equipment $ 1,000.00
Corrections - Other Expenses $ 9,000.00
Transfer No: 95-050
Justification: Monies needed for purchase and restoration of bus for weekend work program. Last year the Sheriff's Office collected and paid to the Board $12,446.00 from this program.
Fund: General
Department: Sheriff - Law Enforcement
From: Contingency - Sheriff $ 10,000.00
To: Law Enforcement - Capital $ 10,000.00
Transfer No: 95-052
Justification: Pursuant to F.S.30.49, the Sheriff is requesting that $10,000.00 be transferred from the Sheriff's contingency money into Capital Outlay.
FOR YOUR INFORMATION ITEM
In accordance with Board direction, the attached items were approved by the County Manager based on a policy adopted by the Board on March 1, 1993, increasing the transfer limit of the County Manager from $10,000.00 to $25,000.00.
Accounts Allowed/Assessments
Request for approval of Satisfaction of Assessment Liens, as follows:
Mt. Plymouth Subdivision
David & Debra M. Donn $2,493.00
David & Debra M. Donn $2,500.01
Haines Creek Heights
Jean & William Hetherington $1,166.25
Dorothy E. Lake $1,378.56
Allen Road
Steven J. Lamons & Brenda M. Lamons $1,264.25
Ocala Forest Campsites
Reva J. & Reba J. Sova $1,455.70
Thomas M. Penny $ 479.94
Wayne Road
Alvin F. & Amy S. Eckenrode $1,894.41
Lake Eustis Village Subdivision
James F. and Ena L. Blair $ 497.24
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Bobby Scott Anderson, Case No. 89-1025-CJ, in the amount of $50.00.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Robert Scott Anderson and Richard and LaDonna Anderson, Case No. 89-1025-CJ & 89-1151-CJ, in the amount of $50.00.
Bonds - Contractor
Request for approval of Contractor Bonds, New, Cancellations, and Reinstatements, as follows:
NEW
165-95 Harvey L. Spears dba Harvey L. Spears Construction
1638-95 Victor L. Fugate (Electrical)
4214-95 Elgenia Insalaco (Residential)
4565-95 Timothy C. Carstens (Aluminum Siding & Screen Rooms)
4651-95 Chinchor Electric, Inc. (Electrical)
4890-95 Thomas Eidson dba Eidson Electric
5178-95 Thomas W. Beasley (Plumbing)
5207-95 Beard Industries, Inc. dba Pinch A. Penny (Pools)
5338-95 Whiteco Metrocom Division of Whiteco Industries, Inc. (Sign Contractor)
5339-94 Waters Plumbing, Inc.
5340-95 Robert Knight (Electrical)
5341-94 Lee Edwards (Residential Contractor)
5342-95 Gary T. Butler (Dock Contractor)
5343-95 Brad Hussung dba Hussung Construction, Inc.
5344-95 Sierra Homes, Inc. & Wescar, Inc.
5346-95 Ronald G. Caruthers (Aluminum Installation Contractor)
5347-95 Eugene Jones dba Jones Electric
5348-95 Richard L. Poppa dba D.P. Electric
5349-96 John E. Haseltine dba Haseltine Electric
CANCELLATION
1062-94 Rayburn B. Jones
4938-94 Theodore Augutus Mapes
5171-94 Nutting Electric Company, Inc.
5251-94 C.A. Long Masonry, Inc.
5255-94 Peterson Electric, Inc.
5256-94 Roofing by Stuart Douglas Harvey
5080-94 Robert L. Pope, Jr. dba Myco of Pinellas, Inc.
5266-94 Dwayne Schwarz/Power Electric
5297-94 Robert L. Mott dba Mott, USA
5315-94 Peter Stafki dba Central Roofing
Reinstatements
1588-95 John Davis dba John Davis Electric
5158-95 Randall G. Forth dba Better Living Builders
Accounts Allowed
Request for approval of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Accounts Allowed/Reports
Request to acknowledge receipt of monthly distribution of revenue, Traffic/Criminal Cases month ending November 30, 1994. Disbursements: $117,086.23; Same Period Last Year: $115,571.01.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Prehearing Conference before the Florida Public Service Commission to Southern States Utilities, Inc., Office of Public Counsel, Hernando, Hillsborough, Polk, and Sarasota Counties, All Other Florida Counties, The Florida Association of Counties and All Other Interested Persons, Re: Docket No. 930945-WS, Investigation into Florida Public Service Commission Jurisdiction over Southern States Utilities, Inc. in Florida. Notice is hereby given that a prehearing conference will be held before Commissioner Julia L. Johnson, as Prehearing Officer, on December 15, 1994, at 9:30 a.m., Room 106, Fletcher Building, Tallahassee, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice before the Florida Public Service Commission, In Re: Application of Southlake Utilities, Inc. for Amendment of Certificates Nos. 533-W and 464-S to Add Territory in Lake and Orange Counties, Order Amending Certificates to Include Additional Territory and Closing Docket.
State Agencies/Utilities
Request to acknowledge receipt of Notice before the Florida Public Service Commission, In Re: Application for transfer of Certificate No. 522-W from Lake Griffin Utilities, Inc. to Harbor Hills Utilities, L.P. in Lake County, Order Approving Transfer and Notice of Proposed Agency Action Order Establishing Rate Base for Purposes of the Transfer.
Municipalities/Ordinances/Resolutions
Request to acknowledge receipt of Town of Lady Lake Ordinances and Resolution, as follows:
Ordinance No. 94-15, annexing certain contiguous property upon voluntary application by the property owners, Great Lakes Carpet and Tile, Inc.
Ordinance No. 94-18, annexing certain contiguous property upon voluntary application by the property owners, The Villages of Lake-Sumter, Inc.
Resolution No. 94-115, vacating a portion of certain property located within the town limits of The Town of Lady Lake, Florida, whereas, The Villages of Lake-Sumter, Inc. presented a petition to close and vacate described property.
Contracts, Leases & Agreements/Municipalities/Meetings
Request to acknowledge receipt of City of Mount Dora Written Notice of Intent to Annex Enclaves pursuant to that certain interlocal agreement between Lake County and the City of Mount Dora relating to the annexation of enclaves - Public Hearing on the annexations will be held at the City of Mount Dora Community Building on December 20, 1994 at 7:30 p.m.
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of November 15, 1994 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the Minutes of December 6, 1994 (Regular Meeting), as presented.
EMPLOYEE AWARDS
At this time, Commr. Gerber presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:
Presentation of Plaques to Employees with Five, Ten and Fifteen Years of Service
Five Years of Service
Harryette J. Hannah, Database Coordinator, County Manager Information Service Division/E-911 Services (Not Present for Presentation)
Robert A. Johnston, Survey Party Chief, Non-Registered, Public Services Engineering Division Technical Support
Kathleen L. Padgett, Building Technician, Planning and Development Building Service Division (Not Present for Presentation)
Ten Years of Service
Malissa B. Haben, Executive Secretary, Planning and Development Services/Development Regulations Service Division
Ava K. Kronz, Office Manager, BCC Administrative Support (Not Present for Presentation)
Fifteen Years of Service
E. David Walker, Maintenance Specialist II, Facilities and Capital Improvements/Facilities Management Section Building Maintenance Services (Not Present for Presentation)
Presentation of Plaque and Bond to Employee of the Year - 1994
D. Rene' Segraves, Animal Control Officer, Animal Control Division, Department of Fire and Emergency Services, Date of Hire: November 12, 1991
AGENDA UPDATE
At this time, it was noted that there were no revisions to the agenda.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, noted that the Board has been provided information on the review and evaluation of the submittals for the selection of the Design/Build team for the development of the Astatula Intermediate Storage and Transfer Facility in regard to Tab 30.
Commr. Swartz requested that Tab 29, approval and authorization for the Chairman to execute Addendum No. 6 to the existing Agreement for Management Services between Lake County and SCS Management Services for the Waste Generation Study, be pulled for discussion; and that Tab 30, approval of the selection of the Design/Build team for the development of the Astatula Intermediate Storage and Transfer Facility, be pulled for discussion.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the following request, with the exception of Tab 29 and Tab 30:
North Central Florida Health Planning Council
Contracts Leases & Agreements
Request for approval and signature on the Agreement Between Lake County and North Central Florida Health Planning Council, Inc. for services rendered during Fiscal Year 1994-1995.
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for approval and signature on the Annual Grant Funding Contract Between Lake County and the following local service agencies: Anthony House, Haven of Lake/Sumter Counties, Inc., Lake Community Action Agency, and Mid-Florida Community Services, Inc.
Contracts, Leases & Agreements/State Agencies
Request for acceptance and approval of the first amendment to the contract between the Department of HRS Lake County Public Health Unit (CPHU) and the Board of County Commissioners.
Accounts Allowed/State Agencies
Request for approval of first quarter payment to LifeStream Behavioral Center for Fiscal Year 1994-1995. Total Expenditure of $42,000.00 pursuant to Florida Statute 394.76.
Contracts, Leases & Agreements/State Agencies
Emergency Management
Request for approval and authorization for the Chairman to sign Modification No. 1 to the Statewide Mutual Aid Agreement.
Human Resources/County Employees
Request for approval of certificates for employees with one year of service.
Human Resources/County Employees
Request for approval of certificates for employees with three years of service.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of Statutory Conservation Easement Deed from Rinker Materials Corporation for the 474 Sand Mine.
Deeds/Rights-of-Way, Roads & Easements/Zoning
Request for acceptance of a Non-Exclusive Easement Deed from Larry Puttman for the creation of two lots in Agricultural zoning on an easement off of Ag Road (#2-1311) in Commissioner District 2.
Accounts Allowed/Subdivisions
Request for final plat approval of Greater Pines, Phase 2; and acceptance of a Performance Bond, in the amount of $778,821.00; subject to final review and approval by the County Attorney, 186 lots - Commissioner District 2.
Committees/Resolutions
Request for approval and signature on Resolution No. 1995-1, amending Resolutions No. 1990-78, No. 1992-199, and No. 1994-3 relating to a change in membership and duties of the Lake County Transportation Disadvantaged Coordinating Board.
Appointments-Resignations/Committees
Request for approval of the appointment of Mr. John Askew, Executive Director, Sunrise ARC, to fill the newly created position representing the Association for Retarded Citizens on the Transportation Disadvantaged Coordinating Board.
Accounts Allowed/Road Projects/Roads-County & State
Request for approval and execution of Change Order No. 1 to C-488 Widening and Resurfacing Project No. 8-94 for the installation of additional guardrail and end anchor assemblies in the amount of $8,560.00 - Commissioner District 3.
Contracts, Leases & Agreements/State Agencies
Request for approval of a License Agreement between Lake County and the Governing Board of the St. Johns River Water Management District to construct and monitor a surficial well at McTureous Park in Altoona.
Committees/Roads-County & State/Road Projects
Request for approval of the Selection and Negotiating Committee for Eustis By-Pass Corridor Study Project No. 3-95, as follows:
Selection Committee:
District 4 Commissioner - Catherine C. Hanson or designee
County Manager - Pete Wahl or designee
Senior Director of Public Services - Jim Stivender, Jr.
City Manager, City of Eustis - Mike Stearman or designee
City Manager, City of Mount Dora - Bernice Brinson or designee
City Clerk, City of Umatilla - David Hanna or designee
County Engineer - Don Griffey, Engineering Director
Representative of User Department - Fred Schneider, Engineer III
Negotiating Committee:
County Attorney - Rolon W. Reed or designee
County Manager - Pete Wahl or designee
Senior Director of Public Services - Jim Stivender, Jr.
City Manager, City of Eustis - Mike Stearman or designee
City Manager, City of Mount Dora - Bernice Brinson or designee
City Clerk, City of Umatilla - David Hanna or designee
County Engineer - Don Griffey, Engineering Director
Representative of User Department - Fred Schneider, Engineer III
Accounts Allowed/Bids/Road Projects/Roads-County & State
Request for approval to advertise for bids for Road Improvement Project No. 7-94 relating to Lake Griffin Road (CR #5-7611), Griffin View Drive (CR #5-7212), French Road (CR #5-7611A) and Richardson Road (CR #A5-7612) at an estimated total cost of $602,000.00, Benefit District 3 - Commissioner District 5.
Accounts Allowed/Bids/Road Projects/Roads-County & State
Request for approval to advertise for bids for Rose Street (City of Umatilla) Widening and Resurfacing Project No. 4-95, at an estimated cost of $187,000.00, from the Road Impact Fee Fund, Benefit District 2 - Commissioner District 5.
Accounts Allowed/Bids/Road Projects/Roads-County & State
Request for approval to advertise for bids for CR-561 Widening and Resurfacing Project No. 6-95 at an estimated cost of $700,000.00 from the Road Impact Fee Fund, Benefit District 2 - Commissioner District 3.
Bids/County Property
Request for approval to declare the Tangerine Clay Pit Property as surplus and advertise for bids.
Deeds/Rights-of-Way, Roads & Easements
Request for approval and execution of Quit-Claim Easement Deed to Mark Saunders for access to his property, across County owned property previously railroad (Carolina Avenue, Sunnyside area).
Deeds/Rights of Way, Roads & Easements/Roads-County & State
Request for acceptance of the following deeds:
Statutory Warranty Deed:
Vista Vision, Inc.
CR 455 at SR 19
Edward Koch, Jr. and Susan M. Koch
Lake Nellie Road - #2-0542
Genevieve B. Vason
Wolfbranch Road - #4-4583
JCD Enterprises, Inc.
C-44
John M. Kennedy and Winifred C. Kennedy
Webster Hill Road - #5-7873
James M. Paquet and Theresia Paquet
Webster Hill Road - #5-7873
Drainage Easement:
Nancy Carolyn Thompson
off Royal Oak Road - #5-6711
Non-Exclusive Easement:
Austin C. Wagner and Elaine C. Wagner
C-42 Cross Access
JCD Enterprises, Inc.
C-44 Cross-Access
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservation:
Deed No: 733
Applicant: Vera Johnson
Location: Clermont Farms, Section 1-23-25
South Clermont area
Recommend: Reserve 33 feet from centerline of Bronson Road (#2-1038)
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservation:
Deed No: 2521
Applicant: Joyce Sparks and Danny Sparks
Location: Lakeview Park Subdivision, Lake Kathryn area
Recommend: Reserve 50 feet from centerline of County Road 42
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservation:
Deed No: 2776
Applicant: Andrew and Jane Slade
Location: Mount Plymouth, Section "A", Lot 25 in Block 80
Recommend: Reserve 25 feet from centerline of Baird Avenue
(#4-4090A) and reserve 25 feet from centerline of Biltmore Street (#4-4190)
Bids/Budgets/Public Services/Solid Waste
Request approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
C) Award Bids, and Proposals, and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
PUBLIC SERVICES $90,000.00
Vulcan Signs, Universal Signs, Municipal Supply, 3M Company, Pave Mark Corporation, John M. Warren/Authorization to award Bid #B-4-5-05, Traffic Sign Materials and issue Purchase Orders within budgeted funds. The recommended award is as follows:
Awarded Vendor Items
Vulcan Signs Part I, Sec. 2 & 3
Part II, III, & IV, Sec. 1
Universal Signs Part I, Sec. 1, Part XI,
# 6,7,8,9
Municipal Supply Part IX, X, XI, # 2, 10-23
3M Company Part IV, Sec. 2, Part V, VI, VII & VIII
Pave Mark Corporation Part XII, Sec. 2
John M. Warren Part XI, # 1,3,4,5
It is also recommended that the Board reject the low bid of Municipal Supply for items in Part VI, #8 and #16 due to noncompliance of the required bid specifications. We have used Municipal's bid items in the past and they do not work for our needs; the material is too flimsy and it stretches and tears easily. Also, reject the low bid of Vulcan Signs for Part IX, they did not bid on twelve of the thirty-one items in this part of the bid. We recommend awarding this bid to the apparent overall low bidder per each Part and Section, except Part XI, Miscellaneous Options. The bid was set up in Parts and Sections to keep like materials grouped together for ease of ordering. Part XI is awarded line item low because it consists of miscellaneous sign materials that may be needed during the year but do not fit any of the other groups in this bid.
D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or cooperative Bids.
DIVISION AMOUNT
SOLID WASTE $30,000.00
Robinson Equipment Company, Inc./Authorization to purchase off of the G.S.A. Contract #GS07F-352, Four Wheel Drive All Terrain Mower and issue a Purchase Order within budgeted funds for one each VTR, Model 9400 Four Wheel All Terrain Mower.
PUBLIC SERVICES $59,483.00
Fields Equipment/Authorization to purchase off of Florida State Contract #765-900-600, Wheel Tractor and issue a Purchase Order within budgeted funds for three each John Deere, Model 6300 Wheel Tractor at $19,827.55 each.
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DIVISION AMOUNT
HUMAN SERVICES $53,550.00
Dr. Shutze/Authorization to issue a Change Order to increase the encumbered amount to $175,550.00 for Dr. Shutze's Contract. Funds need to be added to the original encumbered amount to cover the costs for Histology, Toxicology and Utilities Services, these services are already have been included in the contract's original scope of services which was Board approved November 15, 1994 for $122,000.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and explained that the Board had directed staff to eliminate or reduce the cost of the Waste Generation Study and said cost could be reduced to an amount not to exceed $8,000.00 by redirecting staff duties and performing said study using County staff. He stated that it would be feasible to have a third party review the calculations from the Waste Generation Study.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for approval and authorization for the Chairman to execute Addendum No. 6 to the existing Agreement for Management Services between Lake County and SCS Management Services for the Waste Generation Study; and approval to encumber and expend funds in an amount not to exceed $8,000.00; subject to final review and approval by the County Attorney.
COMMITTEES/SOLID WASTE/COUNTY BUILDINGS
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present the request for approval of the Design/Build Team of Hunter-Nelson, Inc. for the development of the Astatula Intermediate Storage and Transfer Facility. He stated that the adjusted alternate cost proposal was in the amount of $1,132,879.00.
Commr. Swartz noted that the Hunter-Nelson, Inc. proposal was the lowest adjusted base cost proposal, however, was more than what had been budgeted for the project.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved the Selection Committee Report for the Intermediate Storage & Transfer Facility, Design/Build Project No. P-5-5-1; and authorization to enter into negotiations with Hunter-Nelson, Inc., the Design/Build team for the development of the Astatula Intermediate Storage and Transfer Facility.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, Commr. Gerber announced that time had arrived for the Citizen Question and Comment Period and indicated that this was the appropriate time to present questions, comments and concerns of those present in the audience. It was noted that no one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY PROPERTY/COMMUNITY SERVICES
Mr. Pete Wahl, County Manager, presented this request.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the request to donate one of the surplus copiers to the Lake County We Care, Inc. program.
HUMAN RESOURCES/COUNTY POLICY
Mr. Pete Wahl, County Manager, presented this request.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved the revised Personnel Rules and Regulations Policy, Section 19-10, Family Employment Restrictions to be effective upon approval; subject to final review and approval by the County Attorney.
PLANNING/RESOLUTIONS
Mr. Mark Knight, Chief Planner, Planning and Development Services, presented this request.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved Resolution No. 1995-2, amending the Lake County Affordable Housing Incentive Plan; authorization for the Chairman to execute said plan; and providing for an effective date.
MUNICIPALITIES/PUBLIC SERVICES
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the request to co-sponsor the Spring Bicycle Rally on March 4, 1995 with the Mount Dora Chamber of Commerce.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the reappointments of the following individuals to vacancies on the Board of Building Examiners, with terms to expire January 14, 1999:
Mr. Monty Gatch
Mr. A. Lenial Wilkerson
Mr. Cliff St. Louis, Jr.
Mr. William Lawson
REPORTS
COUNTY ATTORNEY
COUNTY POLICY/STATE AGENCIES
Commr. Hanson made a motion, which was seconded by Commr. Cadwell (for the purpose of discussion), to postpone until January 17, 1995 the request for policy guidance in regard to the Department of Community Affairs v. Don and Mary Ann Bailey, and the Department of Community Affairs v. A.E. Langley.
Commr. Gerber stated that Mr. Bailey was unable to appeared before the Board to present his case due to illness.
Mr. Rolon Reed, Interim County Attorney, stated that postponing the requests for policy guidance, in regard to the above noted cases, until January 17, 1995 would have no legal ramifications.
The Chairman called for a vote on the motion, which carried unanimously.
COUNTY ATTORNEY/COMMITTEES
Mr. Pete Wahl, County Manager, presented this request.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the recommendation to terminate the Dangerous Animal Control Board of Appeals.
ADDENDUM NO. 1
REPORTS
COUNTY ATTORNEY
ORDINANCES/PLANNING
Mr. Rolon Reed, Interim County Attorney, presented this request and referred to a memorandum, dated December 23, 1994, outlining proposed changes to Sections 6 and 8 of the Lake County Vegetation Abatement Ordinance to ensure that said ordinance would be enforced on a complaint-generated basis. He brought up for discussion proposed language in Section 8 which indicates that the Division shall notify the record owner or owners of the lot by registered or certified mail, return receipt requested, or by hand delivery.
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board to discuss the current notification procedure and explain that the record owner receives a number of letters prior to a hearing date, which are delivered by regular U.S. Mail; however, the record owner is notified by certified mail of the hearing date, and all other correspondence thereafter are sent by certified mail.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board authorized staff to revise Lake County Vegetation Abatement Ordinance No. 1994-5, to include language making said ordinance citizen complaint driven; to modify the notification requirement to be consistent with notification requirements in other ordinances; and to advertise for public hearing.
REPORTS (CONTINUED)
COUNTY ATTORNEY
PLANNING/STATE AGENCIES
Mr. Rolon Reed, Interim County Attorney, presented the request to adopt a statement of policy concerning application of the timeliness requirements of Policy 1-1A.1 (Suburban) to Planned Unit Developments (PUDs) and Planned Mixed Unit Developments (PMUDs).
Commr. Gerber clarified that the issue before the Board at this time was whether timeliness was applicable in Suburban and Transitional land uses for PUDs, as well as all other forms of residential development.
Commr. Good stated that there were 33,000 acres of Suburban and 12,000 acres of Green Swamp Transition, and the question was whether the Lake County Comprehensive Plan establishes long range maximums in terms of intensity and use. He stated that the timeliness criteria should be delineated clearly, and indicated that he was not comfortable with exempting PUDs.
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to respond to a question presented by Commr. Hanson and explained that a substantial distinction was not made between the PUDs and standard development at the time that the population projections and land use were being corresponded to the Department of Community Affairs. Commr. Hanson stated that discussions occurred with Mr. Jacob Varn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., regarding an incentive for PUDs within other areas, to which Mr. Knight responded that the timeliness factor, at that point in time, was twenty-five (25%) percent and fifty (50%) percent, and the Settlement Agreement was changed to indicate a timeliness factor of forty (40%) percent and sixty (60%) percent.
Mr. Reed suggested that consistency would require for the County to have the same policy for the Transition category and the Suburban category since timeliness requirements in each category are identical.
Commr. Hanson stated that, if there were no allowances and incentives for the Suburban area, Suburban would be left rural at one (1) unit per five (5) acres because it would be a long time before those areas would meet the timeliness criteria. She stated that PUDs would provide an incentive to cluster in an upscale community or small village, and the incentive would be to have a quality upscale subdivision in a Transition or Suburban area to provide an alternative to the five acre tract.
Commr. Cadwell stated that timeliness was the tool to slow down growth. He stated that the Suburban areas surrounding the cities will exhibit the cities' ability to expand utilities.
Commr. Swartz stated that the timeliness criteria was not designed to slow growth but to convey that growth with increased densities would have to meet the criteria for development under the timeliness criteria, which was clearly stated in the Lake County Comprehensive Plan and was how it had been interpreted until the time of recent correspondence. He suggested that the concept of incentive was, in fact, in the Comprehensive Plan and explained that, if a development can meet the timeliness criteria, and the developer determines to do a PUD, development can be enhanced up to three (3) dwelling units per acre as opposed to one (1) dwelling unit per acre. He stated that the issue of five (5) acre tracts was an issue that the Board should consider because five (5) acre tracts are creating significant problems. He further stated that it should be made clear that it was the intent of the Board to enforce the Lake County Comprehensive Plan, which includes the application of timeliness requirements as outlined in the December 15, 1994 memorandum from Mr. Reed.
On a motion by Commr. Swartz, seconded by Commr. Good and carried, the Board approved to instruct staff to implement a statement of policy; and to notify the Department of Community Affairs that the interpretation of timeliness was as stated in the Lake County Comprehensive Plan, that Planned Unit Developments and Planned Mixed Use Developments are required to meet the same timeliness criteria as all other residential developments.
Commr. Hanson and Commr. Cadwell voted "No".
Commr. Hanson stated that her reason for voting no was because it was not her understanding that PUDs would be under the timeliness criteria.
Ms. Cecelia Bonifay, Attorney, appeared before the Board and requested permission to discuss the issue of the timeliness requirements of Policy 1-1A.1 to PUDs and PMUDs. She stated that there were three legal opinions indicating that the Lake County Comprehensive Plan was not clear and stated, for the record, that the interpretation made by the Board this date was meaningless until such time that the Board amends the Lake County Comprehensive Plan to clarify the intent of the Board.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the following request:
Planning/Committees
Request for approval and execution of revised By-Laws and Grievance Procedures of the Lake County Transportation Disadvantaged Coordinating Board.
REPORTS (CONTINUED)
COUNTY MANAGER
Mr. Pete Wahl, County Manager, informed the Board that a ceremony was scheduled on January 5, 1995, at 11:00 a.m., at the Lake County Judicial Center for the Submarine Veterans of World War II to be saluted on lost boat days during 1995.
COMMISSIONER GOOD - DISTRICT NO. 2
COMMISSIONERS/COUNTY POLICY
Commr. Good brought up for discussion County policy in regard to office security for the offices of the Board of County Commissioners and indicated that on December 22, 1994 an attorney involved in litigations against the County was in a Commissioner's office for the purpose of using the telephone. At this time, he requested input from the Board whether it was County policy to allow citizens access to a Commissioner's office in their absence.
It was noted that Commr. Good would discuss this issue with Ms. Ava Kronz, BCC Office Manager, and Mr. Pete Wahl, County Manager.
COMMISSIONER HANSON - DISTRICT NO. 4
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved Proclamation No. 1995-3, establishing a commemorative period for World War II.
COUNTY ATTORNEY
Commr. Hanson requested that Mr. Rolon Reed, Interim County Attorney, submit a resume indicating his history of employment for the Board's review.
ADDENDUM NO. 1
REPORTS (CONTINUED)
COMMISSIONER RHONDA H. GERBER - CHAIRMAN AND DISTRICT NO. 1
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the appointment of Ms. Katherine McDonald for a second two year term as Lake County's Representative to the Health and Rehabilitative Services District 13 Nominee Qualifications Review Committee.
APPOINTMENTS-RESIGNATIONS/COMMISSIONERS/COMMITTEES
Commr. Gerber presented the request for approval of the liaison appointments and memberships for 1995.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following liaison appointments for 1995, as amended:
Liaison Appointments (Non-voting)
Agriculture Advisory Committee - Commissioner Hanson
Capital Improvements - Commissioner Swartz
Citizens Commissioner for Children - Commissioner Gerber
Constitutional Officers - Commissioner Gerber
Courts/Law Library
Property Appraiser
Clerk of Courts
Sheriff
Supervisor of Elections
Tax Collector
County Library System - Commissioner Gerber
Economic Development Council - Commissioner Cadwell
Fairgrounds - Commissioner Good
Health Care Committee - Commissioner Hanson
Historical Society - Commissioner Gerber
League of Cities - Commissioner Cadwell
Memberships (Voting privileges)
Affordable Housing Task Force - Commissioner Good
Industrial Development Authority - Commissioner Cadwell
Juvenile Justice Council - Commissioner Hanson
(Commissioner or designee)
Tourist Development Council - Commissioner Hanson
Natural Resources Advisory Committee - Commissioner Gerber
Rails to Trails - Commissioner Swartz
Regional Planning Council - Commissioner Good
Commissioner Cadwell
Solid Waste - Commissioner Good
Transportation Disadvantaged
Coordinating Board - Commissioner Cadwell
Law Library Board - Commissioner Gerber
Personnel Committee - Commissioner Gerber
Other
Animal Control Ordinance Study
Committee - Commissioner Swartz
RECESS & REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would recess, and reconvene at 2:00 p.m. for a workshop on Impact Fees.
TIMES CERTAIN
WORKSHOP - IMPACT FEES
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to present the workshop on Impact Fees, and stated that staff, at the request of the Board, had a workshop with the groups that were involved with paying the impact fees and have addressed their comments in the Lake County Comprehensive Impact Fee Study. He noted that a memorandum, dated December 15, 1994, had been distributed to the Board prior to the start of the meeting this date, which includes a letter from Reynolds, Smith and Hills, Inc., and identifies the changes from the previous study to the existing study. He stated that the workshop this date was for the purpose of finalizing what fees are to be adopted, at what percentage rate to adopt said fees, and to discuss the study. He stated that there was a substantial concern in regard to the impact fees in other counties in the area and how Lake County was comparing to those counties with respect to gas taxes, the percent adoption, and the net cost for the individual homebuilder and the individual developer. He referred to a memorandum from Mr. Barry Brown, Planner I, Planning and Development Services, dated December 29, 1994, regarding a Comparative Impact Fee Summary which identifies the counties of Alachua, Brevard, Broward, Citrus, Lee, Marion, Orange, Osceola, Pasco, Polk, Sarasota, Seminole, and Volusia and indicates the impact fees, the credit given for gas tax payments, the percent of adoption, and identifies other fees. Mr. Knight discussed the Transportation Impact Fee and noted that concerns had been expressed regarding the adjustment factors in the Institute of Transportation Engineers (ITE) Manual and those concerns have been incorporated into the Transportation Impact Fee. He stated that concern was expressed in regard to the potential future deficiencies in roadways that were utilized for the development of a cost per lane mile, and which County and State facilities to incorporate. At this time, he referred to the Review of Proposed Impact Fee Schedules, which had been prepared for The Home Builders Association of Lake County by Mr. David W. Gray, Jr., Florida Regional Econometrics, which expresses concern with regard to which roadways are potential future deficiencies and incorporated into the study to develop a cost per lane mile. Mr. Knight discussed the Estimated Construction Costs for New System Capacity, Table 1-6, Comprehensive Plan Impact Fee Study, and indicated that the section titled Roadway Segment identifies roadway sections that are identified to be deficient, which are not covered in the Florida Department of Transportation (FDOT) five year program or in the County five year program. He stated that the section titled Lake County Road Program identifies the new County roadway projects under the five year program, and identifies a lower cost per lane mile. He stated that the concern was to incorporate State road facilities in the cost of construction because of the concurrency management adoption. He explained that, if a State roadway becomes deficient, the County was obligated through concurrency management to uphold the level of service; therefore, the County would be into a moratorium situation versus an impact fee adoption situation if State funding was not available to improve said roadway. Discussion occurred regarding the ITE Trip Generation Study, at which time Mr. Knight stated that the methodology being used incorporates the ITE Trip Generation rates in the ITE Trip Generation manual, which was a national trip generation study. Discussion continued regarding the ITE Trip Generation rates for Sarasota County.
Commr. Cadwell expressed concern that the numbers indicated in the Transportation section of the Comprehensive Impact Fee Study were not correct and suggested that County staff perform a Transportation Impact Fee Study to verify the numbers in the areas that are questionable. Mr. Knight interjected that it would take approximately three to six months to perform a study to identify a general adoption.
Commr. Swartz indicated that he had no opposition to the Board determining the cost to perform a study; however, suggested that, in the interim, the Board adopt something in regard to the new education and road impact fees. He explained that, if the proposed study indicates that the fees are not appropriate, the Board can then reevaluate said fees. He brought up for discussion the Comparative Impact Fee Summary for Transportation, at which time it was noted that there was no true rationale in determining the appropriate numbers for impact fees.
Commr. Good questioned if the Board has discussed the millage rate on property tax, sales taxes and other taxes in conjunction with impact fees when making a comparison with other counties. He stated that, in reviewing the documents, he has seen no indication of a comparative of population, taxable property values, millage rate, or sales tax of the counties addressed in the comparison study. He expressed concern that Lake County not price itself out of the market place when other revenue sources are not taken into consideration that are available in Lake County.
Mr. Andrew Wheeler, Reynolds, Smith and Hills, Inc., appeared before the Board to address the impact fee credit analysis and stated that it would be inappropriate to look at the financial mechanisms that other counties employ because Lake County was the only jurisdiction that would implement fees unique to Lake County. Commr. Swartz explained that staff has encouraged the Board to adopt three (3) cents of the new authorized five (5) cents of gas tax. He stated that the County has been using three (3) cents of the nine (9) cents gas tax to subsidize the impact fees used in impact fee projects and, as a result, the County now has a shortage in the road construction program. He noted that the Board was discussing continuing to subsidize the Transportation Impact Fee with three (3) cents which does not really exist.
Mr. Jim Stivender, Senior Director, Public Services, verified that County staff could provide data for an additional impact fee study performed in-house.
Commr. Cadwell expressed concern with the impact fee schedule for Parks and Recreation because the impact fee would be for the purchase of additional land, and the County, at this time, has difficulty developing the parks that are currently owned by the County.
Mr. Craig Haun, Director, Fire & Emergency Services, responded to questions pertaining to impact fees for Fire Protection, and explained that the impact fee recommendations are not actually based on the difficulty to suppress a fire in any one type of building but more on the calls for service, and the cost of the capital investment. He further explained that the calls for service, as shown in the study, indicate that there are more calls for service on single family site built homes than on mobile homes.
Ms. Wendy Breeden, Library Services Manager, appeared before the Board and explained that there was not a specific capital improvements plan for facilities for Public Libraries, although various member libraries are in the planning or building process. She discussed the Collection Development Policy which provides for the purchase of books and for developing collections.
At this time, the Chairman called for public comment on the Lake County Comprehensive Impact Fee Study.
Mr. Joe Morrin, Mayor of the Town of Montverde, and President of the League of Cities, appeared before the Board and stated that the majority of the members of the League of Cities were not in favor of the proposed impact fees. He discussed the Transportation Impact Fees, and the proposed three (3) cents gas tax revenue and questioned why the County was considering an additional gas tax.
Commr. Swartz responded to Mr. Morrin's question and stated that the Board should not enact new gas taxes as long as the County continues to spend approximately one-third (1/3) of the County Transportation Trust Gas Taxes to subsidizes the Transportation Impact Fees.
Mr. Morrin expressed concern that there were many individuals living in Lake County on fixed incomes and suggested consideration be given to impact fees on an incremental basis augmented over a period of three years. He stated that he would prefer to pay ten (10) cents in gas tax in lieu of the proposed impact fees.
Mr. Mark Cechman, City Planner, City of Tavares, appeared before the Board and stated that emphasis has been placed on generation trip rates and noted that an important factor in the equation was trip lengths. He explained that the study indicates that an urban development would have the same trip length as a rural development, and the study should look at the difference in the trip length between rural development and urban development. He noted that the study does not provide a break to the smaller commercial property, and suggested that the urban and rural areas have separate impact fee schedules.
Ms. Jean Kaminski, Executive Director, Home Builders Association, appeared before the Board to discuss issues of concern regarding the total projected cost including the cost per lane miles, the lane capacity number, and the trip generations as far as primary and diverted trips in regard to non-residential. She discussed the County construction program, which identified certain projects as impact fee qualifying, and stated that State and Federal roads are not an appropriate use of local county impact fee money. She discussed lane capacity and stated that the current set of figures indicate the lane capacity of 5,580; however, the methodology and the studies done in 1989, on which the current fees are based, indicate the lane capacity of 6,855, which was a more appropriate number. She discussed the ITE Trip Generation rates and indicated that the cost per lane mile would be lowered if the inappropriate State and Federal roads were removed and if the more appropriate figure for lane capacity were used to derive a more equitable fee. She discussed the implementation and methodology of the Education Impact Fee in Lake County and stated that she does not agree with using the present value discount rate of four and one-half (4.5%) percent rather than seven (7%) percent. She discussed the Library Impact Fee and noted that building costs are not appropriate costs.
Mr. Wheeler responded to the concerns expressed by Ms. Kaminski regarding State and Federal roadways, lane capacity, ITE Trip Generation rates, and the Education and Library Impact Fees. He stated that he has reviewed the material prepared by David W. Gray, Jr., Florida Regional Econometrics, and stated that he has philosophical differences with Mr. Gray's understanding of discounted cash flow analysis and would be happy to meet with Ms. Kaminski and Mr. Gray to discuss this issue and why the County has included the inflationary considerations in the nominal rate.
RECESS & REASSEMBLY
At 3:30 p.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 3:40 p.m.
WORKSHOP - IMPACT FEES (CONTINUED)
Mr. John Pringle, Pringle Development, appeared before the Board and expressed concern that the County only spent approximately fifty-six (56%) percent of the $13,000,000 collected, since impact fees were first collected in 1986, and noted that those who have been paying the impact fees would be watching to assure that the impact fees are being allocated. He stated that he has performed a study of what the upcoming needs, costs, and impacts were going to be and distributed a copy of the report for the Boards' review. He directed the Board's attention to the spreadsheet titled Lake County Traffic Projections, and noted that the first three pages of the report were attached as background to said spreadsheet. He stated that he has listed the road segment in the same sequence as the Comprehensive Impact Fee Study and noted that the study indicates that the estimates of traffic were overstated by the theoretical consultants and questioned the accuracy of the theoretical estimation of traffic, costs, and impact. He stated that his proposal was to view this process as a three step process to include a theoretical calculation as to the dollar impact of the new residence business, as submitted by Reynolds, Smith and Hills, Inc.; an estimate of revenues over a five year or ten year period of time; and to correlate that to a budget.
Mr. Tim Sullivan, President, Leesburg Area Chamber of Commerce, appeared before the Board and stated that the Chamber of Commerce has scheduled a forum on impact fees, sponsored by the Leesburg Regional Medical Center, on January 6, 1995, from 7:30 a.m. to 9:00 a.m. He requested that the Board provide a staff person and a consultant to attend the forum to provide the business community an update on where the impact fees are going and what has been proposed. He stated that the Leesburg Area Chamber of Commerce would reimburse the County for the expenses associated with the consultant.
Commr. Gerber stated that Mr. Knight, representing the County, and Mr. Wheeler, representing Reynolds, Smith and Hills, Inc., have indicated that they would be available to attend the above noted forum on January 6, 1995.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for authorization for the expenses of Mr. Andrew Wheeler, Reynolds, Smith and Hills, Inc., to be paid by Lake County and reimbursed by the Leesburg Chamber of Commerce for his attendance at the Leesburg Chamber of Commerce forum on impact fees scheduled on January 6, 1995.
Ms. Patricia Mayhill, City of Eustis Development Services, appeared before the Board and stated that the City of Eustis understands the need for road impact fees, which bond the road impact fee program, and the need to have an ad valorem fee schedule which does not overburden the fee payer. She discussed the current legislation that permits the collection of an additional five (5) cents per gallon on gasoline, and the proposal to collect three (3) cents. She stated that the City of Eustis would like to suggest that the remaining two (2) cents be collected and designated as part of the impact fees gasoline gas credit, thus reducing the net impact fee. She further stated that the City of Eustis would like to suggest that the increase in fees be staged over the next five years.
Ms. Mary Scott, representing the Town of Lady Lake, appeared before the Board and stated that the Town of Lady Lake was not comfortable with the adoption of the Transportation Impact Fee increases that are proposed in the Comprehensive Impact Fee Study, and urged the Board to be practical, as well as scientific, in managing growth in Lake County. She suggested that a practical application would be to look at the proposed impact fees on specific types of development and determine which types of growth the County wants to encourage or discourage. She stated that the Town of Lady Lake would urge the Board to evaluate the fee schedules and look at the impact that the fees would have on social economic issues in Lake County as well as all of the other issues that have been raised at the workshop this date. She stated that Lady Lake supports the adoption of impact fees for Fire Protection, Emergency Medical Services, Law Enforcement, Parks and Recreation, Public Libraries and the increase in the Education Impact Fee, and they respectfully request that the Board further study the Transportation Impact Fee.
Ms. Cecelia Bonifay, Attorney, representing a number of clients, appeared before the Board and discussed questions that were raised at the Impact Fee Workshop in September regarding a number of issues. She requested that the Board review the impact of the Education Impact Fee on the retirement community, noting that other counties were not differentiating between the number of bedrooms. She discussed the Transportation Impact Fee and suggested that amending the Lake County Comprehensive Plan was one way to offset the impacts on levels of service. She suggested that, in regard to corridors, the County consider levels of service and what was realistic in urbanized or urbanizing areas in place of having all roads at Level B or Level C. She noted that the value of housing in Orange and Seminole Counties was much higher than the medium value in Lake County, and explained that the County was required to show the nexus between the impact on the service and the person who has to pay the fee. She discussed the issue of Municipal Service Benefit Units (MSBUs) and Municipal Service Taxing Units (MSTUs). She discussed the list of comparables, noting the impact on commercial, retail, and industrial, and stated that, when converting those numbers to an actual user moving to Lake County, it discourages economic development. She expressed concern that Lake County will be at a severe economic disadvantage with the growth in west Orange County and Lake County's impact fees and lack of planning.
Mr. Knight explained that the Education Ordinance provides the County Attorney authority to authorize the use of a single one bedroom exemption for the Education Impact Fees provided adequate information was provided to identify that a community was a retirement community and that there are deed restrictions. He explained that the revised draft of the Ordinance has a simpler method to identify alternative data.
Mr. Tim Hoban, Senior Assistant County Attorney, stated that the Education Ordinance tracks the Federal law that prohibits discrimination against children. He explained that, if you reside in a community that allows discrimination against children, the County allows the exemption.
Mr. H. Bennett Walling, an Engineer and a lifelong resident of Lake County representing his family, appeared before the Board to express concern that the impact fees for industrial and commercial would put him out of business, noting that his engineering practice, located in the City of Leesburg, deals with small site plans for industrial and commercial development. He stated that the proposed impact fees would encourage business to move to other areas, or to renovate existing buildings, which would have a significant impact on his present business. He stated that he had planned to expand his business to a new building; however, the proposed impact fees for his proposed 3,000 square foot building would jump from $1,000.00 to $12,000.00. He suggested that a user tax was the best way to handle the cost of services.
Mr. Steve Richey, Attorney, representing Mr. John McCloud as Trustee for the First Baptist Church of Leesburg, appeared before the Board to discuss how the proposed fees would impact churches and non-profit organizations. He stated that the First Baptist Church has undertaken, as part of its community ministry, the service of the homeless, pregnant teenagers, abused children, foster care and a manifestation of many different issues for disadvantaged people. He stated that there needs to be sensitivity to the fact that some of the non-profit organizations, corporations, and churches are burdened by the proposed impact fee ordinance and would not, in fact, be able to provide the community services that they have envisioned. He stated that the First Baptist Church has embarked on a multi-million dollar facility campaign which would result in tearing down existing buildings and rebuilding, and suggested that the Board be liberal in how assessments are adjusted for those buildings that are torn down. He stated that it needs to be made abundantly clear that those organizations need to be provided a system that provides the utmost credit when they modify, change, or increase their services to the community.
Mr. Richey, representing Florida Hospital Waterman, stated that Florida Hospital Waterman undertook to select a new site for an expanded hospital facility in Lake County; however, late into the process of zoning, land use approval, and engineering, the hospital became aware of the impact fees of Lake County. He stated that, as they began the process, medical facilities were under the current impact fee ordinance schedule of $904.00 per 1,000 square feet and, as they approached the end of said process, the proposed fee schedule would increase said fees to $7,300.80 per 1,000 square feet. He stated that increasing the impact fees was not in Lake County's best interest, and that the economics would not allow Florida Hospital Waterman to build past Phase I. He requested that the Board direct staff that Florida Hospital Waterman has paid their fees based on the current impact fee ordinance pursuant to the ordinances of the City of Tavares; affirm that the County would honor the development process of the cities; and initiate discussions with the cities to assure that the development permitting process would be honored by the County.
Mr. Richey, representing Royal Industries, Inc., explained that Royal Industries, Inc. was in the process of paying for an expansion of facilities in the City of Leesburg and have complied with the City of Leesburg development process. He requested affirmative action from the Board indicating that Royal Industries would not be affected by the Lake County Impact Fee Ordinance.
Mr. Richey, representing Montverde Country Club, discussed the impact fees for golf courses and stated that Montverde Country Club has building plans approved, permitting in place, and has initiated construction. He further stated that the developer has a concern with how the Lake County Impact Fees would affect construction of the golf course.
Mr. Richey noted that during the workshop in September he requested that the Board look at the oppressive nature of the current impact fee ordinance, and suggested that, if the Board was going to impose the impact fees across the board, they need to revise the system of alternate studies to make it equitable and fair. He encouraged that Board to address the proposed language that he had submitted previously addressing what the parameters of studies were for purposes of alternatives. At this time, he briefly discussed the level of service on roads. He suggested that the burden of the impact fees, and the burden of the economic base of Lake County versus the benefit of the impact fees and the burden on Lake County's economic growth have not been addressed in the comparison study with other counties.
Mr. Gene Molnar, Lake County School Board, appeared before the Board to discuss the Education Impact Fees and stated that, for informational purposes, the School Board feels that the data in the section on Education was correct, and factual, and that a decision could be made on the Education Impact Fee portion at this time. He discussed the need for schools, and the overcrowded situation in the school system. He stated that the School Board would like to meet with the Board in a workshop regarding the Education Impact Fees.
COMMISSIONERS
At 4:40 p.m., the Chairman turned the Chairmanship over to Commr. Good, Vice Chairman.
WORKSHOP - IMPACT FEES (CONTINUED)
Ms. Hope Lamb, a resident of Leesburg, appeared before the Board and stated that the proposed impact fees are a tax and expressed concern with the amount of funds that were currently available to distribute in Lake County. She stated that the citizens of Lake County are requesting that the impact fees be fair and equitable.
COMMISSIONERS
At 4:45 p.m., Commr. Good returned the Chairmanship back to Commr. Gerber.
WORKSHOP - IMPACT FEES (CONTINUED)
Ms. Leslie Little, Economic Development Coordinator, City of Leesburg, appeared before the Board and discussed Table 1-6, Estimated Construction Costs for New System Capacity, of the Comprehensive Impact Fee Study and questioned whether they should be listed as part of the total. She discussed economic development issues in the City of Leesburg and noted that the minimum starting wages have expanded from $5.00 per hour to almost $6.00 per hour. She stated that the County and the City of Leesburg have no vacant industrial manufacturing space available, and that the existing industries are in expansion modes and would be looking at incredible fees and/or looking at competitive counties as a relocation opportunity. She noted that businesses must look at being competitive with other regions when they look at the cost of new construction, and the comparison chart indicates that the 100% impact fee for Lake County was well above other counties. She stated that these are issues of concern in looking at diversifying our labor force, and building a more mature labor force in terms of our existing businesses.
Mr. Knight responded to Ms. Little's concerns regarding Table 1-6 of the Comprehensive Impact Fee Study, which identifies State roadways as potential deficiencies, and explained that said roadways were not necessarily the state road facilities that impact fees would be used for, but identifies the differences between where funding was dedicated and were it was not dedicated.
Mr. Greg Beliveau, Land Planning Group, appeared before the Board and stated that the Land Planning Group represents both private and public clients who would be affected by the projected impact fees. He discussed the impact of the proposed fees on businesses wanting to relocate or expand in Lake County and how the proposed fees would affect the employment market, making it non-productive to stay in Lake County. He suggested that the Board consider the new proposed impact fees over a period of time. He requested that the Board utilize and look at urban trips versus rural trips, and explained that urban trips are shorter in duration, they are destination in nature, and tend to be done under systems that are already in effect or under programs to be improved by FDOT. He stated that the impact fee studies have to be based on nexus to provide an actual valid number, and that there seems to be a big discrepancy between Lake County's categories and those of other counties. He encouraged the Board not to adopt the full 100% because of the disparity between neighboring counties.
Mr. George Winters, a local resident, appeared before the Board to speak for the taxpayers and suggested that the Board consider an incremental raise on the impact fees and the implementation of a one and one-half (1.5) cent gas tax. He suggested that the Board consider the issue of impact fees very seriously when addressing the future of Lake County, and the economic growth which was important to the taxpayers, to industry, and to builders.
At this time, the Chairman closed the public comment portion of the meeting.
Commr. Cadwell stated that he would support moving forward on the impact fees at 95% for Fire Protection, Emergency Medical Services, Law Enforcement, Education and Public Libraries, and to direct staff to bring back a time frame, and cost estimate on the local Trip Generation Study for Transportation, and provide information on how to address urban and rural trips.
Commr. Swartz suggested that the Board increase the Transportation Impact Fee and then perform the additional studies to determine how said fee might be adjusted and/or evaluate the urban and rural impact of trip distances.
Commr. Hanson stated that she was not willing to go to a total impact fee that would price Lake County out of the market. She expressed concern that the comparison indicates that Lake County was only concerned with being competitive with the counties to the east and south of Lake County and not with all of the surrounding counties. She stated that the user fees are probably the most important way to go for roads, and Lake County should consider the user fees and gas taxes. She expressed concern that the impact fees would negatively impact the ad valorem taxes that would be generated by prohibiting industry from expanding or locating in Lake County.
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to authorize staff to prepare ordinances for impact fees for Fire Protection, Emergency Medical Services, Law Enforcement, Education and for Public Libraries at the figures that have been supplied at a ninety-five (95%) percent rate; and to authorize staff to schedule and advertise for public hearings on said ordinances.
Commr. Hanson stated that she was not opposed to impact fees; however, was concerned with the total amount of impact fees and how said fees would have a negative impact on young families who may wish to build a house in Lake County.
Commr. Good noted that the Home Builders Association has stated that an increase from $2,000.00 to $4,000.00 would result in approximately a five (5%) percent reduction in building permits, and he questioned what the five (5%) percent reduction would cost in dollars to Lake County. He stated that he would like to look at the positive effects of the impact fees on Fire Protection, Emergency Medical Services, Law Enforcement, Education and Public Libraries and would like to look into the future knowing that the effects from impact fees would be positive. He stressed that the Board must clearly understand the impact of the decision.
Mr. Knight stated that, for clarification purposes, impact fees are to maintain the existing level of service and not to improve the level of service above and beyond what was currently in place.
It was the decision of the Board to schedule a workshop on the Impact Fee Ordinances prior to the public hearing, and that copies of the proposed ordinances would be made available to the public for review.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Hanson voted "No" and noted that she did not support the impact fees as approved at ninety-five (95%) percent.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson and carried unanimously, to directed staff to bring back a time frame and cost estimate on a local Trip Generation Study, and provide additional information on the issue of urban versus rural trips.
Commr. Good requested that the motion be more specific as to the time frame for preparing the Trip Generation Study.
Commr. Gerber brought up for discussion the need for additional staff to perform the responsibilities as a result of the impact fees; at which time Mr. Stivender stated that there would be no need for additional staffing.
The Chairman called for a vote on the motion, which carried unanimously.
Commr. Cadwell clarified that additional discussion on the Transportation Impact Fee would be scheduled as an agenda item on January 17, 1995, at 1:55 p.m.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:50 p.m.
________________________________
RHONDA H. GERBER, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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