A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 20, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, February 20, 1996, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Office Manager, Board of County Commissioners; and Sandra Carter, Deputy Clerk.

A video was shown, regarding the March of Dimes campaign, in place of the Invocation.

Commr. Cadwell led the Pledge of Allegiance.

Commr. Cadwell informed those present that Mr. Tommy Hayes' Economic Class from Umatilla High School was present in the audience and that Ms. Carol Meadows, from the Leadership Lake County class was present, as well.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, requested that Tab 3, under the County Manager's Consent Agenda, a request from the Office of Agricultural Extension Service for approval and authorization for the Chairman to execute an Agreement between K. C. Walker, D.B.A. Heaven's Gate Productions, and the Lake County Cooperative Extension Service (an agency of Lake County), for the promotion and production of a bull riding fund raiser event, be pulled for discussion, and that Tab 5, a request from Community Services for approval and execution of a Resolution amending the General Fund, in order to receive unanticipated revenue, in the amount of $19,587.00, from the Federal Emergency Management Agency (FEMA), and Tab 18, a request from Public Services for approval to appoint members to a Citizens Review Committee, for the East Lake County Traffic Study and Eustis By-Pass Corridor Study - Public Involvement Plan, be withdrawn.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to pull Tab 3, for discussion, and to withdraw Tabs 5 and 18, from the County Manager's Consent Agenda, as requested by the County Manager.

Mr. Sandy Minkoff, County Attorney, requested that Tab 6, under the County Manager's Consent Agenda, a request from Community Services for approval of a lease between Lake County and the City of Eustis, in the amount of $5,661.00, for office space for the AmeriCorps Program, and authorization for the Chairman to execute the lease, be pulled, to be discussed separately, and that Tab 26, with regard to the proposed Special Master Ordinance, be postponed until March 19, 1996, at 9:00 a.m., due to the fact that it had not been before the Planning and Zoning Commission, as required.

It was the consensus of the Board to do so.

MINUTES

Regarding the Minutes of January 9, 1996, the following was requested:

On Page 31, Line 11, delete the words one and, before the words "a half million", so that the sentence reads "approximately a half million dollars..."

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 9, 1996 (Regular Meeting), as amended.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 16, 1996 (Regular Meeting), as presented.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 22, 1996 (Special Meeting), as presented.

Regarding the Minutes of January 23, 1996, the following was requested:

On Page 23, Line 35 change governing to community association.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 23, 1996 (Regular Meeting), as corrected.

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Accounts Allowed/Bonds/County Finance/Landfill



Request to acknowledge receipt of the calculation of arbitrage rebate on the $69,615,000 Lake County, Florida Resource Recovery Industrial Development Refunding Revenue Bonds (NRG/Recovery Group Project), Series 1993A.



Accounts Allowed/County Finance/Reports



Request to acknowledge receipt of the arbitrage rebate report for the $9,000,000 Solid Waste Line of Credit Revenue Note, Draw Number 2, for the September 30, 1995 computation date.



County Finance/Bonds/Reports



Request to acknowledge receipt of the final report for the defeased 1987 Tax Revenue Bonds and payment to the Internal Revenue Service for arbitrage rebate.



Accounts Allowed/County Finance/Reports



Request to acknowledge receipt of Spending Exception Report for the $10,000,000 Lake County, Florida Line of Credit Revenue Note, Draw Number 1.



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.



Ordinances/Municipalities



Request to acknowledge receipt of Copy of Ordinance No. 95-40, from the City of Eustis, adopted by the Eustis City Commission on January 4, 1996, with an effective date of January 4, 1996, annexing into the corporate limits of the City of Eustis 23.1 acres of vacant land, located on the northeast corner of U.S. Hwy. 441 (S.R. 500) and Old Mount Dora Road (District Road 4-4767), subject to the Land Use Map designation of "Urban", pursuant to Florida Statute 171.062.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending January 31, 1996, in the amount of $127,465.54. Same period, last year: $153,897.31.





Utilities



Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission To All Investor-Owned Electric and Gas Utilities and All Other Interested Persons - Docket No. 960001-EI- Fuel and Purchase Power Cost Recovery Clause and Generating Performance Incentive Factor; Docket No. 960002-EG - Conservation Cost Recovery Clause; Docket No. 960003-GU - Purchase Gas Adjustment; Docket No. 960007-EI - Environmental Cost Recovery Clause. Notice is hereby given that a prehearing conference on the above noted dockets will be held on February 12, 1996, at 9:30 a.m., and a public hearing will be held February 21 through February 22, 1996, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.



Utilities



Request to acknowledge receipt of Notice Before the Florida Public Service Commission - In Re: Application for rate increase and increase in service availability charges by Southern States Utilities, Inc., for Orange-Osceola Utilities, Inc., in Osceola County, and in Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Duval, Highlands, Lake, Lee, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Washington Counties, Order Granting Request for Interim Rates and Denying Office of Public Counsel's Motion to Dismiss and Motion to Cap Interim Rates.



Utilities



Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Notice of Hearing and Prehearing to Florida Power Corporation and Panda-Kathleen, L.P. and All Other Interested Persons - Docket No. 950110-EI - Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Qualifying Facility Between Panda-Kathleen, L.P. and Florida Power Corporation, 9:30 a.m., Monday, February 19, 1996, 4075 Esplanade Way, Room 148 - Betty Easley Conference Center, Tallahassee, FL.



Ordinances/Municipalities



Request to acknowledge receipt of Copy of Ordinance No. 95-17, from the City of Minneola, approved by the City of Minneola Council on January 9, 1996, abandoning a portion of Railroad Avenue, Central Avenue, Oak Street, and Beach Street (all undeveloped road rights-of-way originally located in Lake County F.L. Chases addition, recently annexed into the City of Minneola), located in area to be platted as High Pointe, Phase I and Phase II.



COUNTY MANAGER'S CONSENT AGENDA



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Community Services/Contracts/Public Health/State Agencies



Request from Community Services for acceptance and approval of the first amendment to the CPHU contract, between Lake County and the Department of Health and Rehabilitative Services. Fiscal Impact: $89,470.00





County Employees/Human Resources



Request from Human Resources for approval of cost schedule, effective January 1, 1996, for maintenance of the County's Classification and Compensation Plan, by David M. Griffith & Associates, Ltd. Fiscal Impact: $2,000.00 estimated



Information Services/Communications



Request from Information Services for approval of rate increases, based on information provided by the affected companies as to justification for same. The provided information indicates that the rate increases meet, or are below, the "Benchmark" rates set by the Federal Communications Commission (FCC).



Accounts Allowed/Contracts, Leases and Agreements

Public Services/Subdivisions



Request from Public Services for acceptance of Final Plat for The Grove at Harbor Hills (aka Harbor Hills, Tracts "J" and "A"); authorization for Chairman to execute Developer's Agreement for Construction of Improvements between Lake County and Harbor Hills Development, L.P.; and acceptance of a Letter of Credit, for performance, in the amount of $644,172.92, Section 13, Township 18 South, Range 24 East - Commissioner District 1.



Public Services/Subdivisions



Request from Public Services for acceptance of Final Plat for Pine Verde Subdivision. Subdivision consists of 3 lots off Fosgate Road (2-1860), Section 3, Township 22 South, Range 26 East - Commissioner District 2.



Public Services/Subdivisions



Request from Public Services for acceptance of Final Plat for The Plantation at Leesburg, River Crest, Unit 1 (Pod "A"), and for The Plantation at Leesburg, Waterbridge Village (Pod "N"), Section 26, Township 20 South, Range 24 East - Commissioner District 2.



Public Services/Deeds



Request from Public Services for acceptance of the following deeds:

Statutory Warranty



Robert Martin, Trustee

Lake Yale Road (5-7753) and W. Lake Yale Road (5-7848)



George M. Lunsford

E. Eldorado Lake Drive (4-6480)



Karin E. Stockmann

Lake Griffin Road (5-7611)



James L. O'Berry

John's Lake Road (2-1158)



Douangsy Vanhphene

C-455



Nac Souvanna and Kongma Souvanna

C-455



Bridges F. Barry, Sr.

Micro-Racetrack Road (1-6202)



Caroline M. Hold, individually and as guardian for Lee N. Holt

Swift Road (4-7798B)



Stokes Groves of Eustis, Inc.

Merry Road (3-4455)



Richard Bryan Ferguson and Linda R. Ferguson

Lake Seneca Road (4-5983)



Non-Exclusive Easement



Doris L. Makares

East Cove Drive (3-3147A)



Joe Swiderski

US 441 Cross Access Easement



Quit Claim



The following roads are for the Community Block Grant, in Sorrento:



Ommie Dale

Unnamed road in Caronel Acres



Rosie Mae Wright

Unnamed road in Caronel Acres



George Perry and Bertha Mae Perry

Unnamed road in Caronel Acres



Opal F. Farrace

Unnamed road in Caronel Acres



Public Services/Roads-County and State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed No.: 2710

Applicant: Gary W. Richter and Vickey L. Richter

Location: Lots in Block 39, Mt. Plymouth, Section "A"

Recommend: Reserve 25 feet from the centerline of Flossmoor Street (4-4188D) and 25 feet from the centerline of Westward Ho Avenue (4-4288A).



Public Services/Roads-County and State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed No.: 2808

Applicant: Penne M. Westgate

Location: Lots in Block 53, East Umatilla Subdivision

Recommend: Reserve 33 feet from centerline of each of the following three roads: West 4th Avenue

(5-7876C), West 5th Avenue (5-7876B), and West 6th Street.



Public Services/Resolutions/Roads-County and State/Signs



Request from Public Services for approval and execution of Resolution to post "No Truck" signs on the 0.53 mile paved portion of Libby No. 3 Road (2-2233), in the south Lake County area.



Public Services/Roads-County and State/Road Vacations

Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 778, by Jim Stivender, Jr., Senior Director, Public Services, to vacate road, revised plat - part of Parkdale, Section 11, Township 21, Range 25, Howey-in-Hills area - Commissioner District 2.



Public Services/Rights-of-Way, Roads and Easements

Roads-County and State/Road Vacations/Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 815, by Frank H. Haas, Leisure Communities, Ltd., to vacate drainage easement, Pennbrooke, Phase 1-D, Section 19, Township 19, Range 24, Leesburg area - Commissioner District 1.



Accounts Allowed/Contracts, Leases and Agreements

Public Services/Subdivisions



Request from Public Services for approval and authorization for Chairman to execute an Agreement between Lake County and the Villages of Lake-Sumter, Inc., relating to First Street (Rex Road), in the amount of $506,152.07, from the Road Impact Fee Benefit District 3 Fund - Commissioner District 1.



Public Services/Resolutions/Roads-County and State



Request from Public Services for approval and execution of a Resolution accepting Nashua Boulevard (4-6088) and Derby Drive

(4-5687) into the County Road Maintenance System.



Accounts Allowed/Contracts, Leases and Agreements

Roads-County and State/Subdivisions



Request from Public Services for approval and authorization for Chairman to execute a Developer's Agreement for Construction of Improvements between Lake County and Lennar Homes, Inc.; and acceptance of a Letter of Credit, for performance, in the amount of $997,227.08, for Devonshire at Kings Ridge and Huntington at Kings Ridge (King's Ridge, Phase 2).



Purchasing



Request from Purchasing for 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; and approve and execute contracts and encumber funds, as follows:



C) Award Bids, and Proposals, and Issue Purchase Orders and/or Contracts.



DIVISION AMOUNT



SOLID WASTE $23,533.20



Vann Gannaway Chevrolet/Authorization to award Bid

No. B-2-6-07, one new One Ton Cab, chassis and body, 4 X 4, gasoline engine and issue a Purchase Order within budgeted funds. This award recommendation is to the second lowest bidder. It is recommended that the Board reject the low bid of Prestige Ford, Inc., at $22,752.00, for the following reasons:



1. Specification number 2B required a heavy duty 100 amp alternator, with two 100 amp hour batteries, with 570 cold cranking amps minimum. Prestige Ford bid a single 72 amp alternator, with 650 cold cranking amps. Solid Waste needs the two battery system, because this vehicle will be used for pulling a 20 foot Tri-Axel trailer. The two batteries will provide a constant supply of power and amperage to maintain truck, trailer, radio communications and accessories.



2. Specification number 6A required GVWR-12000 lbs minimum. Prestige Ford bid a 11,000 lb GVWR.



Funding for this vehicle is from Account

No. 420.4569100.534.8600640.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



SOLID WASTE $151,634.00



Ringhaver Equipment/Authorization to waive bid requirements and sole source the rebuild of Solid Waste's 1989 Caterpillar D7H Dozer (Property No. 12165). Ringhaver is the only authorized Original Equipment Manufacturer (OEM) for the Lake County area for Caterpillar Equipment. Per Lake County Policy LCC-18, OEM repairs can be exempt from the competitive bid process; however, repairs over $25,000.00 require Board approval. Solid Waste originally received Board approval during the FY 94/95 Budget, for replacement, at a budgeted cost of $250,000.00, but it is recommended by Solid Waste that the D7H Dozer be rebuilt, instead of purchasing a new dozer at a savings of $99,366.00.



Funding for this is from Account No. 420.4569100.534.8600640.



SOLID WASTE $189,461.00



Ringhaver Equipment/Authorization to waive bid requirements and sole source the rebuild of Solid Waste's 1990 Caterpillar 826C Compactor (Property No. 13500). Ringhaver is the only authorized Original Equipment Manufacturer (OEM) for the Lake County area for Caterpillar equipment. Per Lake County Policy LCC-18, OEM repairs can be exempt from the competitive bid process; however, repairs over $25,000.00 require Board approval. Solid Waste originally received Board approval during the FY 94/95 Budget, for replacement, at a budgeted cost of $216,100.00, but it is recommended by Solid Waste that the 826 C Compactor be rebuilt, instead of purchasing a new compactor, at a savings of $26,639.00.



Funding for this is from Account No. 420.4569100.534.8600640.



F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.



SOLID WASTE $4,442.77



SCS Engineers/Authorization for the Chairman to sign the Change Order for an additional $4,442.77, to provide raw data entry and to compile the final report for Addendum #6 (Third Party Review of Solid Waste Generation Study and Franchise Hauler Disposal True-Up Procedures).





This service was originally planned to be done with in-house staff. However, due to the shortage of staff, it was decided that SCS Engineers would complete the work. The BCC approved Addendum No. 6 on January 3, 1995, for $8,000.00. This Change Order amount is for $4,442.77, making the new total for Addendum No. 6 $12,442.77.



Funding for this is from Account No. 420.4569100.534.8300340.



SOLID WASTE $160,000.00



Laidlaw Environmental Services (TS), Inc./Authorization to award Proposal No. P-6-6-05 to the number one ranked vendor (Attachment I), for the collection, transportation and disposal of Household Hazardous Waste/Chemicals, encumber funds and execute a contract, pending the County Attorney's approval. Selection criteria ranking was based on plans and procedures, vendor qualifications and experience, number of years in business, vendor references, personal experience, training, resumes, disposal facilities, equipment list, and pricing. The Selection Committee ranked Laidlaw Environmental Services number one, based on the fact that they were the most responsive vendor and provided competitive pricing (see Attachment I & III).



Funding for this is from Account No. 420.4562100.537.8300340.



Assessments/Solid Waste/Roads-County and State



Request from Solid Waste for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for 22 road assessments, as follows:



Assessment No. Name Date Paid



652025 Stephen A. Neiford 01/17/96

653009 Mary S. Franklin 01/05/96

661027 Laurence Turner, Et Al 12/15/95

661558 Stephen C. Aman 01/02/96

663033 Bardel Emling 01/02/96

679110 Mary R. and Joseph H. Swan 01/22/96

681006 John H. McCormick 01/10/96

681007 John H. McCormick 01/16/96

682002 Garland & Catherine Bartling 01/25/96

682003 Garland & Catherine Bartling 01/25/96

682007 James Harper/Elizabeth Nesbit 01/24/96

682019 Betty Sue Chapman 01/25/96

682024 Loqusta Poole 01/25/96

682027 Mark D. Miller 01/17/96

683004 Arthur W. Kaercher 01/29/96

683010 Charlie & Dorothy Dean 01/23/96

682011 Robert & Marjorie Lovett 01/23/96

683015 Claude H. Spencer, Et Al 01/29/96

683026 Wanda Jean Austin 01/29/96

683038 James A. Tedder (Life Estate) 01/25/96

684010 Robert L. Rimoldi 01/18/96

798001 Linda A. Lawrence 01/11/96

Office of Tourism



Request to acknowledge receipt of update, from the Office of Tourism, on activities regarding the Tourism Research Study for Lake County, being provided and coordinated by Cramer-Krasselt.





PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

RESOLUTIONS/LAWS AND LEGISLATION

Mr. Don Braksick, Chairman, Massing of Colors, World War II Commemorative Committee, presented Commr. Cadwell, Chairman, on behalf of the Board of County Commissioners, with a Florida Senate Proclamation honoring the Veterans' Day Massing of the Colors in Lake County, which he read into the record. He then gave a brief statement regarding same, noting that the Proclamation was being given to Lake County, as well as various other organizations involved in the Massing of the Colors.

The Board thanked Mr. Braksick for his presentation and for a job well done, at the Massing of the Colors ceremony that was held on Veterans' Day.

It was noted that Lake County set a state record, for the Massing of the Colors, with more than 35 color guards participating in the ceremony.

PUBLIC HEARING

ORDINANCES/COMMITTEES/OUTDOOR RECREATION/PUBLIC SERVICES

Mr. Sandy Minkoff, County Attorney, informed the Board that they had before them an Ordinance amending the Parks and Recreation Advisory Board, which he read into the record, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, CHAPTER 16, ARTICLE II, PARKS AND RECREATION ADVISORY BOARD, SECTION

16-27, QUORUM; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Minkoff stated that the purpose of the Ordinance was to change the quorum requirements from six (6) to a majority of the members of the Committee.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

A motion was made by Commr. Swartz and seconded by Commr. Good to approve Ordinance No. 1996-14, Amending the Parks and Recreation Advisory Board, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, CHAPTER 16, ARTICLE II, PARKS AND RECREATION ADVISORY BOARD, SECTION

16-27, QUORUM; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Under discussion, Commr. Hanson stated that she felt the same needed to be done to all the Boards and assumed that the County was moving forward with the matter.

The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

ORDINANCES/LAWS AND LEGISLATION/COMMISSIONERS

Mr. Sandy Minkoff, County Attorney, requested that action regarding the Special Master Ordinance be postponed until the Board Meeting of March 19, 1996, at 9:00 a.m., due to the fact that it had not been before the Planning and Zoning Commission.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding the Special Master Ordinance until the Board Meeting of March 19, 1996, at 9:00 a.m.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PLANNING AND DEVELOPMENT/ZONING

Mr. Paul Bergmann, Director, Planning and Development, appeared before the Board and explained this request, stating that the petitioner, Mr. Napoleon Ulloa, requested a voluntary revocation of his Conditional Use Permit (CUP), because he had been unable to get his project going.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Planning and Development for approval of the revocation of Conditional Use Permit No. 94/5/2-2, granted to Mr. Napoleon Ulloa.

PLANNING AND DEVELOPMENT/ZONING

Mr. Sandy Minkoff, County Attorney, informed the Board that this matter came before them at the previous meeting and they postponed it, until this meeting.

Mr. Paul Bergmann, Director, Planning and Development, appeared before the Board and explained this request, stating that it was a request for approval to advertise proposed changes to the Lake County Code, Appendix E, Land Development Regulations, Chapter VI, Resource Protection Standards 6.06.01.F.2, noting that staff was getting a list together, for dispersement to all engineers, consultants, etc., in Lake County, for comment.

A brief discussion occurred regarding the matter, at which time Commr. Swartz stated that he felt, before the Board approved an ordinance for advertising, they should have a rough draft of it, therefore, recommended that this request be further postponed, until such time as a draft of the Ordinance is available, for the Board's perusal.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding a request from Planning and Development for approval to advertise proposed changes to the Lake County Code, Appendix E, Land Development Regulations, Chapter VI, Resource Protection Standards 6.06.01.F.2, until a later date, and directed staff to meet with the appropriate parties, look at the provisions of the Ordinance and make sure that they make sense and accomplish the goals that the Mining Ordinance had intended, and bring back to the Board, as soon as possible, a proposed draft of the Ordinance, for advertising.



PUBLIC SERVICES/ORDINANCES/OUTDOOR RECREATION

Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board and requested approval to advertise the Lake County Adopt-a-Park Program Ordinance. He stated that a copy of said ordinance was contained in the Board's backup material, as well as the rules, safety guidelines, and reporting procedures. He stated that, at the present time, Lake County has 29 public parks, located on approximately 150 acres, from Astor to Palatlakaha River Park to Lake Mack to Carlton Village. He stated that there are various citizen groups that are currently cleaning up the parks, that the County would like to recognize. He stated that said groups have been a great benefit to the County's maintenance crews.

It was noted that the $1,500.00 being requested would cover the costs of trash bags and the tipping fees for disposal of the trash.

Commr. Cadwell stated that the Recreation Committee was excited about the Ordinance and felt that it would be a chance for people to get involved that may not have another vehicle to do so.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Public Services for approval to advertise the Lake County Adopt-a-Park Program Ordinance. Fiscal Impact: $1,500.00

PUBLIC SERVICES/ROADS-COUNTY AND STATE/SUBDIVISIONS

Mr. Jim Stivender, Jr., Director, Public Services, appeared before the Board and explained this request, stating that staff had looked at this request and found that property owners to the east of the property line have legal access to the road in question (Arthur Road), however, property owners to the west of the property line do not. He stated that he had requested that the legal access issue of the Werre property (10 acre tract) be rectified, prior to Mr. Smith going through with the vacation. He stated that, due to the fact that the matter has not been rectified, to date, by Mr. Smith, staff was requesting that the vacation be denied, until such time as the matter is rectified. He then answered questions from the Board regarding same.

Mr. Robert Smith, Petitioner, appeared before the Board stating that he was informed, before he applied for the road vacation, that, if he was landlocking anybody, it would be useless to apply for the vacation, therefore, he had the property in question surveyed. He stated that he had spoken with Ms. Werre and offered her a piece of his property for a piece of her property, thereby, enabling her to have access to her property, should Arthur Road be vacated; however, she declined his offer.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Public Services for approval to advertise Road Vacation Petition No. 804, by Robert Smith, to vacate Arthur Road, Cypress Haven, Unit 2, Section 2, Township 19, Range 25, Leesburg area - Commissioner District 5.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT

COUNTY BUILDINGS AND GROUNDS

Ms. Sue Whittle, County Manager, informed the Board that, by awarding the bid for this request and transferring one of the County's two-man maintenance crew to another department and maintaining the other position to supervise the vendor, as well as assist the building maintenance crew in preventative maintenance, the County will realize a savings of $26,000.00, on an annual basis.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Planning and Development for approval for countywide landscape/ground maintenance service, for specific county facilities, at an estimated cost of $41,000.00.



PLANNING AND DEVELOPMENT/RESOLUTIONS/STATE AGENCIES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Planning and Development for approval and execution of a Resolution amending the Housing Assistance Plan that governs the Affordable Housing Program.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/OUTDOOR RECREATION

Mr. Craig Willis, Alternative Transportation Specialist, appeared before the Board and answered questions regarding this request.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed the following individuals (9) to serve on the Lake County Bicycle Pedestrian Advisory Committee (two individuals to complete terms ending March 2, 1997 and seven individuals for terms ending March 2, 1998):

Mr. John Elder (City) - District 1

Dr. Larry L. Oexner (City) - District 2

Mr. Elbert Stevenson (City) - District 2

Ms. Hope Lamb (County) - District 2

Mr. Fred Sommer (County) - District 2

Ms. Lucille M. Espey (County) - District 3

Dr. June M. Atkinson (City) - District 4

Ms. Judy Smathers (City) - District 4

Ms. Patricia Carter (City) - District 5



It was noted that the terms for Dr. June Atkinson and Ms. Judy Smathers would end March 2, 1997 and the remaining individuals' terms would end March 2, 1998.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS

TOURIST DEVELOPMENT COUNCIL

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution appointing the following two (2) individuals to serve on the Lake

County Tourist Development Council:

Ms. Ann Knowles, Super 8 Motel, replacing Mr. Ken Jones,

in the position of Owner/Operators



Mayor David L. Connelly, City of Leesburg, replacing Ms. Sanna Henderson, in the position of Elected Municipal Officers



COUNTY BUILDINGS AND GROUNDS/MISCELLANEOUS

TOURIST DEVELOPMENT COUNCIL



Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that over 950 people visited the Welcome Center during the recent three day weekend, which she noted Mr. Dave Warren, Tourist Development Director, attributes to the change in the turnpike entrance, which is bringing a lot more people into the Welcome Center than before.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding the appointment of individuals (15) to serve on the Lake County Charter Development Committee, until the Board Meeting of February 27, 1996.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/CODE ENFORCEMENT

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board gave direction regarding the length of terms for Ms. Bonnie Roof and Mr. Daniel Tarry, previously appointed to the Code Enforcement Board, as follows:

Ms. Roof's term will end October 31, 1996

Mr. Tarry's term will end October 31, 1997



COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

OFFICE OF AGRICULTURAL COOPERATIVE EXTENSION SERVICE

CONTRACTS, LEASES AND AGREEMENTS

Ms. Melinda Hogan, Lake County Agricultural Cooperative Extension Service, appeared before the Board and explained this request, stating that it was a 4-H fund raiser. She stated that the Lake County Cooperative Extension Service was contracting with Mr. K. C. Walker, D.B.A. Heaven's Gate Productions, and that he would be putting on the fund raiser and the County would be raising the sponsorships, from which it receives a percentage, as well as a percentage of the proceeds from the gate. She stated that Mr. Walker would be responsible for putting on the event and would assume any liability.

It was noted that the split would be 80-20, with the County receiving 20% of the proceeds.

Ms. Hogan informed the Board that the event would be held at the Lake County Fairgrounds, September 14, 1996, and that the County anticipates its share of the proceeds to be approximately $4-6,000.00.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from the Lake County Office of Agricultural Extension Service for approval for the Chairman to execute an Agreement between K. C. Walker, D.B.A. Heaven's Gate Productions, and the Lake County Cooperative Extension Service, for the promotion and production of a bull riding fund raiser event.

RECESS AND REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would recess until 10:30 a.m.

CITIZEN QUESTION AND COMMENT PERIOD (CONT'D.)

Mr. Steve Richey, Attorney, appeared before the Board and suggested that they direct staff, as they do the LUFNET (Land Use Forum Network, Inc.) study, with regard to the U.S. 19/27 and the turnpike corridor, to study the effect that the new turnpike exchanges constructed in that vicinity are having on Lake County, if it can be done cost effectively, and bring a recommendation back to the Board, at the meeting scheduled for February 27, 1996.

It was the consensus of the Board to do so.



ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

MUNICIPALITIES/COUNTY BUILDINGS AND GROUNDS

Mr. Sandy Minkoff, County Attorney, informed the Board that this request involves an agreement between Lake County and the City of Eustis, for office space for the AmeriCorps Program. He stated that the agreement requires the County to have an insurance policy, however, it does not have such a policy, since it is self-insured. He stated that this request would allow the County to change the agreement to include its self-insurance.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of lease between Lake County and the City of Eustis, in the amount of $5,661.00, for office space for the AmeriCorps Program, and authorization for the Chairman to execute the lease, as amended by the County Attorney.

REPORTS

COUNTY ATTORNEY

COMMISSIONERS/ORDINANCES

Mr. Sandy Minkoff, County Attorney, informed the Board, with regard to a request from him for approval to advertise the Ordinance removing presumption of prejudice from ex-parte communications and approval to adopt quasi-judicial rules of procedure, by ordinance, that Section 2 of the Ordinance, which begins on Page 3, merely adopts those quasi-judicial rules that the Board had previously adopted and puts them into the Code. He stated that, when Ms. Annette Star Lustgarten, former County Attorney, presented them to the Board, they were adopted, however, were never included in the Land Development Regulations (LDRs). He stated that the LDRs conflicted with those quasi-judicial rules, so Section 2 merely puts those rules in the Code. He stated that it will not change said rules.



Discussion occurred regarding the Ordinance and how it will affect the Commissioners and their constituents, as well as how it has already affected them.

Commr. Swartz stated that he saw no harm in going ahead with the advertising of the Ordinance, which codifies what the County has been doing, and get it into the Code.

Commr. Cadwell stated that he was hesitant about moving forward with it, this date, and noted that he would like to have time to study it further.

Commr. Hanson stated that she felt it was a step forward and that she would like to see the County advertise it.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding a request from the County Attorney for approval to advertise the Ordinance removing presumption of prejudice from ex-parte communications and approval to adopt quasi-judicial rules of procedure, by ordinance, and directed staff to take the matter before the League of Cities, for input, and bring it back to the Board at a later date.

REPORTS

COUNTY ATTORNEY

DEEDS/MUNICIPALITIES

Mr. Sandy Minkoff, County Attorney, stated that the request before the Board this date was a request that came from a local attorney, Mr. Buzz Bowen, III, dated January 23, 1996, regarding some title work that he was doing for some clients, Mr. and Mrs. Lance Wilson. He stated that it involved an old deed, from 1963, and the Chain of Title, which had an ambiguity in the legal description. He stated that Public Services reviewed the matter and had no objection to the Board granting a Quit Claim Deed, with reservations, as stated in a memorandum from them to the County Attorney, dated February 2, 1996.



On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a Quit Claim Deed, to clear up a title problem, regarding property owned by Lance and Nancy Wilson.

REPORTS

COUNTY MANAGER

MISCELLANEOUS

Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that the Veterans would be holding their annual Poppies for Veterans sale on Friday, March 8, 1996.

REPORTS

COMMISSIONERS' BUSINESS

MISCELLANEOUS

Commr. Good stated that he would like to thank the community for its support of the St. Johns River Celebration and that he would like to recognize the efforts of Ogden Martin, who will be picking up the tipping fees for the event, which means that the County will not have to waive the fees, which helps the Solid Waste Program.

REPORTS

COMMISSIONERS' BUSINESS

RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Proclamation designating the month of February as Viola Days.

REPORTS

COMMISSIONERS' BUSINESS

UTILITIES/MISCELLANEOUS

Commr. Swartz referred to Item 11 of the Clerk of Court's Consent Agenda, a request to acknowledge receipt of Notice Before the Florida Public Service Commission - In Re: Application for rate increase and increase in service availability charges by

Southern States Utilities, Inc., for Orange-Osceola Utilities, Inc., in Osceola County, and in Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Duval, Highlands, Lake, Lee, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Washington Counties, Order Granting Request for Interim Rates and Denying Office of Public Counsel's Motion to Dismiss and Motion to Cap Interim Rates, noting that it has been the topic of considerable meetings, by people who are effected by the rate increases. He stated that the rates are increasing dramatically - some even doubling and tripling. He requested the Board to authorize the County Manager and the County Attorney to contact Southern States Utilities, to determine whether or not they might be interested in having the County take over their wastewater facilities. He stated that he felt having local control of the utilities would be preferable to the citizens of Lake County than having to deal with the State's Public Service Commission. He stated that he was not satisfied that the rate increases are justified and would like to see the County look into it.

Commr. Cadwell suggested enhancing what he, the County Manager, and the County Attorney were given direction on, with regard to the south end of the County.

Commr. Hanson stated that she did not mind having the County look into it, but felt that it should be very cautious, noting that, in a time when it is looking toward privatizing so much, this would be a step in the opposite direction.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to place on a future agenda, for consideration, a discussion with Southern States Utilities, regarding the possibility of the County taking over the utilities.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to expand the authorization that was given to the Chairman and county staff

to expand discussions from the south Lake County area, for utilities, to discussions with Southern States Utilities, as well as any other utility providers that the Chairman and staff deem appropriate.

REPORTS

COMMISSIONERS' BUSINESS

COUNTY BUILDINGS AND GROUNDS

Commr. Hanson stated that she saw, from a newspaper article, that Commr. Gerber was in favor of the County looking at a Juvenile Detention Center, or Juvenile Assessment Center, and that Commr. Swartz had indicated on the radio that he was willing to look at such a facility, as well. She stated that she would support setting up an ad hoc committee to look into a juvenile detention center, juvenile assessment center, or whatever they feel might be beneficial to the community, noting that the County could help fund it, with a one cent sales tax.

A brief discussion occurred regarding the matter, at which time Commr. Swartz stated that, if there was going to be some discussion regarding the matter, he felt the Board should have input from the School Board.

Commr. Hanson stated that she had spoken with the Chairman of the School Board, Ms. Kyleen Fischer, and that she had indicated some interest in the matter, however, did not know if the School Board, as a whole, would be interested.

It was the consensus of the Board to not put the matter on the agenda, at this time.

RECESS AND REASSEMBLY

At 11:20 a.m., the Chairman announced that the Board would recess and reconvene at 2:00 p.m., for the Impact Fee Workshop.



PUBLIC HEARING

WORKSHOP - IMPACT FEES

PLANNING AND DEVELOPMENT/ZONING

Mr. Andy Wheeler, Reynolds, Smith & Hills, Inc., appeared before the Board and gave a brief overview of the study that his firm completed in December of 1994 and brought the Board

up-to-date, regarding his firm's involvement with the Impact Fee Schedule. He stated that Reynolds, Smith & Hills originally contracted with Lake County in late 1989, to up-date the Impact Fee Schedule and provide schedule for eight categories, being Transportation, Education, Fire Protection, Emergency Medical Services, Law Enforcement, Parks and Recreation, Water and Sewer, and Public Libraries. He stated that said study was completed in 1991 and that, upon completion of the study, the Transportation Impact Fees that were already in place were adopted, at 85%. In addition, the Education Impact Fees were adopted for the first time. He stated that, in late 1993, Reynolds, Smith & Hills was contacted again, to up-date the Impact Fee Schedule that they had prepared in 1991; however, they were asked to not reevaluate water and sewer. He stated that that study was completed in December of 1994. He stated that he had prepared copies of the Executive Summary for the Board's perusal.

Mr. Wheeler stated that, in short, the impact fees represent an estimate of demands that are placed on the County infrastructure system by growth, multiplied by the cost to provide those infrastructure items, less the credits that the County might receive, via other forms of payment.

Commr. Cadwell informed those present that the public hearing for the Impact Fee Ordinance is scheduled for March 19, 1996. He stated that that is the date the Board will make a decision regarding same.

The Chairman opened the public hearing.



Mr. Greg Gruetzmacher, the owner of Classique Bowling Centers, in Tavares, and a general contractor in Lake County, appeared before the Board stating that he was vehemently opposed to any increase in impact fees. He stated that he has been in the area for nine years and that his bowling center has been well received by the community. He stated that he could use adding an additional eight lanes, however, with the excessive amount of impact fees suggested, the project would probably be scrapped. He stated that there are plans for a batting cage operation to go in beside his bowling center, however, it will probably be scrapped, as well. He stated that he felt the Board needed to look into the impact fee matter more thoroughly, because it is going to hamper businesses in Lake County.

Mr. Tim Sullivan, Chairman of the Leesburg Area Chamber of Commerce Impact Fee Committee, appeared before the Board stating that the Board could sit all day and speak to the statistical analysis and methodology of impact fees, but they all boil down to money and policy. He stated that the Board has shown fortitude in trying to bring increased economic expansion, which in turn, bring economic diversity to the County, while also maintaining a quality of life. He stated that several examples of this includes the Economic Development Commission, Sports Commission, and the Tourist Development Council. He stated that, with economic expansion and diversity a top priority, the County has to question whether now is the time to be imposing greater impact fees.

Mr. Sullivan stated that Concurrency and the Comprehensive Plan have already had an effect and continue to have an effect on what is happening, economically, in the County. He stated that the Board has to question if impact fees are the right way to go. He suggested alternatives to higher impact fees, such as a gas tax or a Mitigation Program, which he elaborated on.

Mr. Sullivan stated that, having spent a great deal of time studying this issue and trying to keep an open mind, during the

analysis of the facts, his committee believes the imposition of higher impact fees would do a disservice to the goals and objectives of more economic diversity for Lake County. He stated that, if the Board feels they have to impose such fees, they ask that it be done on a phased-in basis, over a ten year period, using a 10% per year phase-in. He stated that, combined with this phasing should be a very distinct evaluation program, to determine the effects, positive or negative, on the County's economy, especially in consideration of the County's surrounding and competitive markets. He then answered questions from the Board regarding the issue.

Commr. Swartz addressed Mr. Sullivan's suggestion that the Board look into alternatives, such as a gas tax or a Mitigation Program.

Ms. Susan Thomas, a member of the Leesburg Area Chamber of Commerce Impact Fee Committee, appeared before the Board stating that she was present on behalf of Ms. Leslie Little, Economic Development Coordinator for the City of Leesburg, who was not able to be present at this meeting. She then read an article that Ms. Little had written, regarding the issue of impact fees and how they effect industrial development, into the record.

Mr. John Pringle, President, Pringle Development and a member of the Leesburg Area Chamber of Commerce Impact Fee Committee, as well as the Home Builders Association, appeared before the Board stating that the Committee had asked him to respond to the study that the Conservation Council presented to the Board a few weeks ago. He stated that he had looked at the study and found areas of it to be quite dramatic, however, felt that it was equally flawed, as well. He stated that his biggest objection to the study was that Reynolds, Smith & Hills looked at impact fees in a vacuum, noting that it was as though new residents and businesses bring demands on governmental services and nothing else. He stated that they ignored payment of property taxes, gas taxes, sales taxes,

etc., noting that the general position was that the County either charge the impact fees, or have everybody that is already in the County subsidize them, because they are getting a free ride. He stated that he does not feel it is that way at all.

Mr. Pringle stated that the Committee did a study of the tax rolls and learned that approximately one-third of the citizens in Lake County arrived within the past ten years and that that one-third of the population is paying approximately one-half of the property tax roll, because their assessed values are so much higher, on the average. He stated that he heard newcomers are not paying their way, however, in looking at the tax rolls, they are - they are paying 50% higher taxes, on the average. He stated that he dislikes the term "impact", because he feels that that is a distorted way to look at the whole thing. He stated that he felt a more appropriate term would be "demand", something that takes place over time. He stated that a point the County sometimes overlooks is that the cost to provide government services for an old-timer is exactly the same as it is for a new-comer and that is one of his objections for the overall impact fee philosophy. He stated that it tends to polarize people and put them into two groups - one that is already in the County and has paid for all its demands on government service for all time and then the new-comers who still have to pay, in the form of impact fees. He stated that he does not feel there is anybody in that former group who has paid for all time.

Mr. Pringle stated that the County has studies that were submitted by the firm Reynolds, Smith & Hills and consultants that the Leesburg Area Chamber of Commerce and the Home Builders Association engaged and there are a lot of conflicting recommendations. He stated that he also feels it is misleading in the way that the Lake County Conservation Council's study paints a picture that the sky is falling.



Mr. Mark Schneider, a resident of Clermont, appeared before the Board stating that, at the last public workshop, the Board questioned whether he had read the article titled, "Contribution of Agriculture to Lake County, Florida", produced by the Lake County Soil and Water Conservation District. He stated that said study was in draft form, however, noted that there are portions of it that refer to past studies, which he referenced. He stated that the first study was one conducted by Farming for the Future, Inc., on behalf of American Farmland Trust, for Palm Beach County, and that, it shows that agricultural land uses return more in revenue than what they use in services. He stated that, for every dollar generated in revenue, services only cost 12 cents; however, proposed residential uses in a development plan would cost more than it would contribute, being $1.10 for every dollar produced in revenue. He stated that the studies also found that the annual deficit for delivering public services to each housing unit, of the type proposed in the agricultural reserve, averages $326.00 for the first year, after construction. He stated that the study shows that the deficit increases each year thereafter, reaching $1,058.00 per housing unit, per year, within 25 years.

Mr. Schneider stated that, secondly, a series of twelve Costs of Community Services studies, conducted by American Farmland Trust, that apportion the direct cost of public services for specific land uses found that, in each case, residential demand for services exceeds the revenue it generates, while farm land contributes far more than it demands back in public services. He stated that commercial and industrial development also add more to municipal budgets than they demand in services. He discussed various other studies that had been conducted, with regard to impact fees and how they affect communities, noting that they conclude that growth and population and a tax base results in higher, not lower, tax bills on the medium value home and that, although commercial and industrial developments pay more in taxes

than they cost in services, they often stimulate more residential growth, thereby raising taxes. He stated that it has been an ongoing debate that growth pays for itself; however, there are studies that clearly show that growth does not pay for itself.

Commr. Hanson stated that she did not feel anyone would deny the fact that residential growth and taxes are subsidized by agricultural taxes and by industrial and commercial taxes.

Mr. Schneider stated that studies have shown that industrial development stimulates residential growth, thereby raising taxes.

Mr. Ben Seabrook, Barnett Bank, appeared before the Board stating that he was present as a member of the Leesburg Area Chamber of Commerce Impact Fee Committee. He read a statement into the record regarding the issue of impact fees and how they will affect the citizens of the County. He stated that the Board needed to take into account the possible adverse impact on Lake County 's economic expansion, noting that the County's competitive position in Central Florida is fostering diverse economic expansion and the development of a capital improvement plan outlining how the funds accumulated should be spent. He stated that, if the County is to continue to develop a diverse economy, it must not make its fees too restrictive. He stated that a diverse economy is important, noting that it provides opportunity and higher paying jobs. He stated that the County must encourage diversity in manufacturing/distribution/medical and high tech service companies, as they provide higher paying jobs, benefits, and generally have employees that participate in the community with both their time and money. He stated that such companies tend to reduce the burden on government services, not add to them and tend to pay much higher property taxes, therefore, helping to shift the property tax burden from the homeowner to the business sector.

Mr. Seabrook stated that repressive fees tend to stifle economic expansion in attracting new businesses, as well as existing businesses. He stated that stifling economic expansion

slows job growth and noted that Lake County has the second highest unemployment rate in the Central Florida MSA, as adjusted for seasonality. He stated that Lake County can ill afford to stifle economic expansion. He stated that the Board, with its stated goal of providing economic opportunity, should live up to their promise and encourage this type of growth, not discourage it. He further elaborated on the matter, noting that it was not his intent to advocate unbridled, unhindered growth. He stated that he believed it was the role of government to foster opportunity and diverse economic expansion.

Mr. Seabrook requested the Board to maintain the County's efforts to expand and diversify its economy and to maintain its competitive position among its neighbors in Central Florida and to develop and stick to a five year capital improvement plan. He stated that he felt, with a plan, the County could prudently apply impact fees, without stifling economic expansion, and, at the same time, would help to foster a diverse economy that would provide opportunity, higher paying jobs, and shift the major part of the tax burden away from the homeowner.

Commr. Swartz stated that the County has its first Five Year Capital Improvements Plan, which he noted was developed by the County Manager, Ms. Sue Whittle, and her staff. He stated, however, that it has yet to be prioritized, noting that some projects may never be done. He further elaborated on the matter.

Commr. Good stated that the County is moving in the direction of trying to bring the Five Year Capital Improvements Plan forward, realizing that, in some cases, there is a deficit of service that the County, somehow, needs to make up for.

Mr. Howard Berry, a resident of Clermont, appeared before the Board stating that he felt it was time for the County to adopt the Impact Fee Ordinance. He read a statement into the record, regarding same.



Ms. Jean Kaminski, Executive Director of the Home Builders Association of Lake County, appeared before the Board stating that, when the Board directed that the impact fees be revised and updated, the Home Builders Association commissioned Florida Econometrics to do an analysis of the impact that they would have on the County. She stated that said report was completed in November of 1994 and that the Board had received copies of same, for their perusal. She stated that the report shows that adopting impact fees, at the proposed level, would result in an 8.6% reduction in new home construction; 249 annual jobs lost in construction; and 291 jobs in other fields would be lost, as well, as a result of the impact fees. She stated that there would be a total wage and salary lost of $63.4 million, over five years, and, because single family properties generate a stream of revenues, over their entire lifetime, there would be a potential loss of $10.6 million accumulative dollars in net present value.

Ms. Kaminski requested the Board to refer back to the summary of the report she alluded to, when they start reviewing all the information that has been supplied to them, noting that it goes hand in hand with a lot of the other information that they have. She requested them to also look at real dollar figures, for new and expanding businesses, noting that the impact fees for a medical office of 10,000 square feet today would be $9,540.00; however, under the proposed fee schedule, the fee would be $73,800.00, a 674% increase. She stated that, for light industry, the impact fees for a 10,000 square foot building would be $3,770.00 today, however, under the proposed fee schedule it would be $20,070.00, a 432% increase. She stated that a 2,000 square foot day care center would go from $7,486.00 to over $18,000.00. She requested the Board to consider affordable housing, questioning where one's children and grandchildren are going to live. She stated that the current fees on a three bedroom single family home are $1,212.00, however, the proposed fee would be $3,000.00, a 148% increase,

which she noted is a lot for a struggling young couple trying to get their first home.

Ms. Kaminski requested the Board to consider the economic contribution of the construction industry, noting that she felt it was important for the Board to know that, in 1993, the new construction value was $131,847,091.00 and, if that were added to the tax rolls, it would probably be a higher value than that. She noted that building fees were over $1 million. She noted what the new construction value was in the County, for the years 1994 ($112.7 million) and 1995 (over $140 million). She stated that that is a lot of tax value added to the County's tax roll, a lot of sales tax on the materials, and a lot of jobs that were furnished. She requested the Board to consider increased impact fees and other government regulations on existing housing and existing businesses, because studies have shown that it tends to artificially inflate those values over the years. She stated that the decision the Board makes will ultimately affect everybody.

Mr. Angel Valdez. a local resident, appeared before the Board stating that he was opposed to the impact fees. He stated that he is currently a homeowner and wanted to build another home, however, it will be too costly to do so. He discussed, in detail, the various costs involved with building homes, in this day and time, in the County. He stated that the impact fees are going to hurt the people of the County, that he feels they are too much, and that it is not a fair way to do it. He stated that he did not feel impact fees were the way to tax people.

Ms. Cecelia Bonifay, Attorney, McGuire, Voorhis & Wells, appeared before the Board and noted those clients that she was present representing. She stated that they were part of an ongoing group that had sought representation, over the last several years, on the issue of impact fees. She referred to the report that the Conservation Council presented to the Board, noting that it contained a couple of things that were troubling to her, one being

that they keep stressing the County's high growth rate and the other being that the report states, until the County had impact fees, no one was paying their fair share - that no development was bearing the cost, that it was spread among the general citizenry. She stated that her clients have been paying more than their fair share of impact fees, which she elaborated on. She stated that the statement in the study that says development does not pay for itself is untrue.

Ms. Bonifay stated that the study also talked about Developments of Regional Impact (DRIs), which she addressed. She stated that legislation had to be passed, regarding DRIs, because they used to get so loaded up with extra exactions. She stated that Chapter 380 was changed to say that the County could not put additional exactions in DRIs than it was doing for normal development. She stated that it is a known fact that DRIs, because of the higher scrutiny, paid a higher proportionate amount. She stated that, if the Board wants to foster planned development, she did not think that impact fees were going to be the issue, because the developers paid them, before there was even a law requiring them, through PUD and DRI exactions. She stated that, if the Board were trying to encourage business and industry, by having disproportionate increases in those areas, it was not enhancing its goals of economic development and economic diversification. She stated that, on the other hand, if the County does not want residential development, because it does not pay its way, then she sees a very dim view for Lake County, in terms of development at all, whether it be industrial, retail, or residential.

Mr. Gene Molnar, representing the Superintendent of Schools, Dr. Thomas Sanders, and the School Board appeared before the Board stating that the School System is in the middle of a study, which he noted will be finalized in March of this year, to determine its needs, on a five year projection. He stated that there is a uniqueness with the School System, in that people can bring their

children in any time they want to and the School System must provide for them, but the School System cannot build a new facility until after the children are in the County. He noted that, according to figures received from the Department of Education, it costs, on the average, $11,812.00 per student, per year, for elementary school students, $13,283.00 for middle school students, and $16,684.00 for high school students.

Mr. Molnar stated that the School System has projected that it will need over $66.6 million for new facilities and that they currently need over $20 million for new roofs. He stated that, with reconstruction, renovations, etc., it runs the figure up to $184 million plus, however, their resources over that same period of time will be a little over $50 million, so there is a shortfall. He informed the Board as to what the School System is currently doing and what it has planned for the future, to try to meet the needs of the County's school children, such as portables; year round school; at some point, possibly double sessions; ninth grade centers, so that they can enlarge the high schools; extended days, etc. He stated that the School System has been collecting a little over $1 million a year from impact fees, for schools. He stated that the Superintendent of Schools does not like the idea of imposing impact fees on the population of the County; however, he does not have any alternatives - he has to try to support what he can, to get the types of resources that he can use to meet the needs of the population. He stated that the School System supports the concept of impact fees for education and will not interfere with what the Board is doing with other impact fees and that they will try to be supportive of the Board and its actions.

Ms. Nadine Foley, President, Lake County Conservation Council, appeared before the Board and clarified some issues that Ms. Cecelia Bonifay, Attorney, had brought to the attention of the Board. She stated that, in their first report, dated May, 1995, they stated that they would support impact fees collected at 95% of

the gross and would support broadening the scope of impact fees. She stated that the second report was based on a 100% increase, but they did not recommend it. She stated that she felt it was time to be realistic, noting that there should be equity between the County and the City regions. She stated that the cities have undertaken increasing their fees, because it is easy for them to see how much it costs, but it may not be as easy to see within the County.

Mr. Judson Stringfellow, a resident of Clermont and a builder/developer in Lake County, appeared before the Board stating that he wanted to talk about moderation and common sense, with regard to the issue of impact fees. He stated that he and his brother own Banyon Construction and Development, in Clermont, and that they build approximately 90 homes per year, of which approximately one-half of them are under $80,000.00. He stated that, if the proposed impact fees were to be increased by approximately $1,800.00, he believes it will hurt their business. He stated that no one seems to know exactly what a hugh impact fee increase will have on Lake County, not just in home building, but on the whole economy of Lake County. He stated that everything is based on assumptions. He encouraged moderation, noting that he felt, if the fees were going to be raised, they should be done gradually, over a period of time. He questioned whether the Board could risk throwing Lake County's economy into a tailspin by enacting a hugh one-time increase. He stated that, if the County were going to do one, a gradual increase over time would allow reevaluation along the way. He stated that he felt that was the way to do it.

Commr. Swartz stated that he felt the discussions held this date were the most civil discussions, regarding impact fees, that he could remember, since he has been on the Board, and that he appreciated it. He stated that no one involved has to have "black" hats, just because they are builders, developers, realtors,

bankers, Commissioners, people interested in conservation, etc., they should all be able to talk and work together.

Mr. Dan Eastwood, a resident of Tavares, appeared before the Board stating that he found it very interesting that the County has 70% residential versus 3% industrial and 26% commercial. He questioned whether the County could afford the imbalance between residential and commercial/industrial. He stated that the County has got to slow down the residential explosion, because it is obvious that the costs in government cannot be controlled. He stated that, if the County does not get a handle on some of the costs in government, there is nothing in the world that the citizens are going to be able to do, but be taxed, be it by impact fee, or by taxation. He stated that the County will get to the point where it will be faced with a tax revolt.

Mr. Eastwood stated that the impact fee, itself, is not a sudden death cash hit against the buyer, but, as a consequence, it is still an expensive hit and is even more of an expensive hit, when it is financed. He stated that, if the direction the Board gives is to turn down the heat on the residential explosion, particularly on the older people coming into the County, then it will have to face the music and do something about it, but he warned, if they do, they will be turning off the economic engine that driving the County.

Mr. Hubert Hartman, a retired resident of Lake County, appeared before the Board stating that it bothers him that the County talks about growth and industry, yet it ranks in the upper one-third of all the 67 counties in the State for growth and employment; twenty-third in the labor force growth; twenty-second in the construction employment; twentieth in manufacturing employment; twenty-fifth in trade employment; and twenty-third in service employment. He stated that building permit values in 1993 were $231 million. He stated that Lake County ranked eighteenth in the State in building permits. He stated that the population

increase, from 1980 through 1993, for Florida was 40% and 59% for Lake County. He questioned how much employment and growth Lake County wants and how much it can afford. He stated that the millage rate in Lake County is 80% greater than it was in 1982 and, coupled with that, many homes have had an increase in assessed value. He stated that economists are saying that the country is in a downward trend of eliminating the middle class people in the United States. He stated that the Board needs to get the monkey off the backs of the retired people and put it where it belongs - pass the proper impact fee and place the costs equally on those who use the services and benefit from living in Lake County.

Mr. Todd Smith, a resident of Lake County, appeared before the Board stating that he wants to build a home on property that is owned by his father, however, he cannot do so, without paying $3,000.00 in impact fees. He stated that, if he is going to have to pay impact fees for fire and emergency services, he would like to get the same benefits that everyone else gets. He stated that, like everyone else, he is having trouble coming up with funds to build the home that he wants to build. He stated that, if he did not have to put out $3,000.00 in impact fees, he would be able to do it.

Commr. Hanson stated that, in the November Summary of Current Transportation Impact Fee Rates, it notes that Brevard, Hillsborough, and Volusia counties have either eliminated impact fees, or have decreased them, and requested Mr. Mark Knight, Chief Planner, Planning and Development, to check into the matter.

Mr. Knight stated that staff has the most recent up-date from Volusia County and that its staff submitted a request to have impact fees eliminated, for industrial, and reduced for commercial.

Commr. Hanson requested him to bring the Board up-to-date on those counties that have either eliminated, or reduced, them and where they have reduced them. She stated that the County has analyzed and analyzed and analyzed this issue, however, they have

not analyzed the increase in property value, or assessments, as a result of impact fees, thus, an increase in the County's ad valorem taxes. She stated that the impact fees may, in the long run, increase the County's ad valorem assessments.

Mr. Andy Wheeler, Reynolds, Smith & Hills, stated that his firm was hired merely to provide the County with an impact fee schedule and that is all they provided the County with. He stated that they were not hired to assess the economic impacts associated with implementing the fees, doing any kind of fiscal impact analysis on variations in property assessments, etc.; however, he would look into the matter.

Commr. Cadwell directed staff to bring forward the Impact Fee Ordinance, with the rate schedule, for the public hearing.

Commr. Gerber stated that she would like to see how much impact fees, per house, the County received for education, in the last two to three years.

Commr. Swartz stated that he would like to see staff prepare, aside from the rate chart that the County presently has, a rate chart that provides gross and net fees for transportation, based on pulling out the FDOT costs and phasing out the 3 cents of reduction, or credit, that is given for the gas tax.

Staff was directed to prepare said chart, for the Board's perusal, for the March 19, 1996 Board Meeting.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:20 p.m.





_______________________________

WELTON G. CADWELL, CHAIRMAN





ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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