A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 18, 2000

The Lake County Board of County Commissioners met in regular session on Tuesday, January 18, 2000, 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; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Melanie Hicks, Assistant County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Cadwell informed the Board that he would like to add to the Agenda a request for approval of a Resolution to be presented to Mr. Fujio Cho, the President of Toyota, who will be visiting the Maritec/Toyota boat manufacturing plant in Groveland this week, welcoming him to Lake County.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to add said item to the Agenda.

Commr. Cadwell noted that there was an Addendum No. 1 to the Agenda, as well. He then stated that he would be pulling Tab 18, under Reports, a request for approval of the annual reappointments of liaisons for boards and committees, until a later date.

MINUTES

Regarding the Minutes of October 26, 1999, the following change was requested:

On Pages 2 through 5, change any reference to water treatment system to wastewater treatment system.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board reapproved the Minutes of October 26, 1999 (Regular Meeting), as amended.

Regarding the Minutes of December 14, 1999, the following changes were requested:

On Page 14, Line 18, change Bard to Barry.

On Page 18, Line 1, change Commr. Good to Commr. Gerber.

On Page 7, Line 27, add the language of depth of lot after the word feet.

On Page 9, Line 22, change lasts to latest.



On Page 8, Line 30, change one-fourth of Lake Dora to one-fourth of the shoreline.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of December 14, 1999 (Regular Meeting), as corrected.

CLERK OF COURTS' CONSENT AGENDA

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

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.



Audits/Reports/Economic Development Commission



Request to acknowledge receipt of Economic Development Commission of Mid-Florida, Inc.'s Financial Statements for the Years ended September 30, 1998 and 1999; Supplemental Schedule for the Year Ended September 30, 1999; and Independent Auditors' Reports.



Audits/Reports/Industrial Development Authority



Request to acknowledge receipt of Lake County Industrial Development Authority's Financial Statements for the Years ended September 30, 1998 and 1999; and Independent Auditors' Reports.



Education/Reports/State Agencies



Request to acknowledge receipt of State of Florida Auditor General Report No.13553, from the Florida Education Finance Program (FTE Students and Student Transportation Data) of the Lake County School District, for the fiscal year ended June 30, 1998.



COUNTY MANAGER'S CONSENT AGENDA



Ms. Sue Whittle, County Manager, informed the Board that Tab 8, under the County Manager's Consent Agenda, a request for authorization for the Chairman to sign a three month Lease Agreement between Lake Square Mall and Lake County, for space in the Mall for public education about recycling; and to encumber and expend funds necessary, in the amount of $300.00, for three months, has been changed from a Lease Agreement to an Application for Permit to Use Common Area. She noted that, originally, the cost of said space was to be $300.00; however, there is now no cost involved.

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

Accounts Allowed/Community Services/Committees/Grants/Libraries

Contracts, Leases and Agreements



Request from Community Services for approval and signature on grant agreement with the Lake County Cultural Affairs Council and the Lake County Library System, in the amount of $500.00.



Accounts Allowed/Budgets/Fiscal and Administrative Services/Funds/Sheriff



Request from Fiscal and Administrative Services - Budget, for approval of Check Request (Direct Pay) from the Lake County Sheriff, for payment for Smith & Wesson, 9mm,with laser sights (213), from the Law Enforcement Trust Fund. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $68,287.47.



Accounts Allowed/Bonds/Contracts, Leases and Agreements/Public Works

Resolutions/Roads-County and State/Subdivisions



Request from Public Works for authorization to release a Letter of Credit, for Performance, in the amount of $318,846.55, for Greater Pines Phase 6 Subdivision; execute a Developer's Agreement, for Maintenance of Improvements, between Lake County and the Greater Construction Company; accept a Maintenance Bond, in the amount of $25,525.00; and execute Resolution No. 2000-8, accepting the following roads into the County Road Maintenance System: Scottish Pine Lane "Part" (2-1153), Pine Cone Trail "Part" (2-1153C), Pine Arbor Drive "Part" (2-1153TG), and Greater Pines Boulevard "Part" (2-1253). Subdivision consists of 45 lots - Commission District 2.



Accounts Allowed/Contracts, Leases and Agreements/Public Works/Resolutions

Roads-County and State/Subdivisions



Request from Public Works for authorization to release a Letter of Credit, for Performance, in the amount of $434,368.00, for Siena Ridge Phase 1 & 2 (Lots 1-94) Subdivision; execute a Developer's Agreement, for Maintenance of Improvements, between Lake County and Siena Home Corporation; accept a Letter of Credit, for Maintenance, in the amount of $57,193.85; and execute Resolution No. 2000-9, accepting the following roads into the County Road Maintenance System: Margaux Drive "Part"(2-0358), Lalande Loop "Part"

(2-0358A), and Lafite Lane (2-0358B). Subdivision is located in Commission District 2.



Municipalities/Public Works/Resolutions/Roads-County and State



Request from Public Works for approval of Resolution No. 2000-12, transferring a portion of West Skyline Drive (5-7672), from Pine Street to Skyline Drive, into the jurisdiction of the City of Umatilla.



Solid Waste



Request from Solid Waste Management for authorization for the Chairman to sign an Application for Permit to Use Common Area, between Lake Square Mall and Lake County, for space in the Mall for public education about recycling.



PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCE

PRESENTATION - AMERICAN CANCER SOCIETY'S RELAY FOR LIFE

SHERIFF'S OFFICE

Lake County Sheriff George Knupp, Honorary Chairman for the American Cancer Society's Golden Triangle Relay for Life, to be held March 31, 2000, addressed the Board and challenged them, as well as all county employees, to put together more teams and raise more money than his office, for said cause. He stated that it was a very worthy cause and something that affects a lot of people in their everyday lives. He stated that he hopes some day, through research, the world will be rid of cancer.

At this time, a brief video explaining the event was shown to the Board.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCE

PRESENTATION - KIRKPATRICK DAM AND RODMAN RESERVOIR

GROWTH MANAGEMENT/PLANNING AND DEVELOPMENT

Mr. Mike Murtha, from Senator George Kirkpatrick's Office, representing Mr. Ed Taylor, President, Save Rodman Reservoir, Inc., addressed the Board stating that Mr. Taylor could not be present at this meeting, due to having contracted the flu; however, he would try to address any concerns the Board had regarding the issue of the Kirkpatrick Dam and the Rodman Reservoir. He stated that the Board should have received a packet of information from Mr. Taylor, prior to this meeting, regarding the issue; however, it was noted that the Board had not received said information, they had only received a letter.

Mr. Murtha stated that the Board had before them a request for approval of a resolution in support of the restoration of the Ocklawaha River, however, noted that said resolution was only an opinion by the Board of County Commissioners and he hoped the individuals who would be making the decision regarding it in Tallahassee would take that fact under consideration. He stated that the Putnam County Board of County Commissioners supports the Rodman Reservoir, as well as Senator Anna Cowin, who represents Lake County in the State Senate. He stated that Senator Cowin supports the position of maintaining the Rodman Reservoir, because she feels it is a wonderful place to visit and enjoy, in fact, noted that she is one of the reservoir's staunchest supporters. He stated that a lot of people have questioned what this issue was doing before the Lake County Board of County Commissioners and he feels it is due to the nexus that has been created between the Rodman eco-system and Lake Griffin.

Commr. Cadwell interjected that, if the Rodman Reservoir affects any of the Ocklawaha River, he feels this Board has the right to say something.

Mr. Murtha informed the Board that, other than the fact of preserving the fishing at the reservoir, there are 74 more bird species at the reservoir than at the Ocklawaha River. He stated that there is boating, hiking, bird watching, hunting, and camping, as well, along with the fishing, and there are bald eagles that will die, if the dam is removed, because they will have to go somewhere else to forage. He stated that this is not an issue of who is bad and who is good, it is whether the people involved want a restored river, or a reservoir eco-system, and whether they are willing to do what it takes to get to that point.

Commr. Swartz questioned whether those people involved could not recognize the fact that there would be some economic benefit, as well as other benefits, even to Marion and Putnam counties, of having a restored Ocklawaha River, the way it was prior to the Rodman Reservoir.

Mr. Murtha stated that that would be the case, if the Ocklawaha River was restored to its original state, however, noted that it will not be restored to its original state. He stated that, when the river reaches the dam, there will be a muck farm. He stated that it would cost millions of dollars (determined in 1996 to be approximately $40 million) to restore it to its original state and questioned who would pay the bill - the SJRWMD or the local people. He stated that, if the river is to be restored, Putnam County wants a great restoration - they do want to be left with a muck farm. He suggested that the Board view the site, before making a decision regarding it.

Mr. Howard Grisham, Chairman, Putnam County Board of County Commissioners, addressed the Board stating that he has been a protector of the natural waters of Florida for quite a number of years. He stated that the real problem with the Ocklawaha River, as a natural body of water, is that it was destroyed when the State started building the Cross-Florida Barge Canal. He stated that he looks at the Rodman Reservoir in a different manner than those individuals who look at it for fishing, bird watching, etc. He stated that the real value of the reservoir is the billions of gallons of water behind the dam. He stated that he was the first one to talk about coming up with a process to purify it and pump it to those counties around it that are running out of potable water, such as Nassau, Clay, and Jacksonville counties. He stated that he wanted the Board to think about the real issue, which is Putnam and Marion counties and preserving what is there, rather than trying to restore the river.

Mr. David White, Attorney, representing Florida Defenders of the Environment, a group of individuals who are in favor of restoring the Ocklawaha River, addressed the Board and discussed some of the issues that were raised. He stated that the issue about a water supply was a non-issue, because water can be supplied from the river or the reservoir. He stated that the SJRWMD has looked into the matter. He stated that, because the reservoir is so big and shallow, 3% of the water evaporates off, which is enough to supply water to the City of Gainesville . He stated that, with regard to the wildlife issue, Mr. Murtha had suggested that the eagles will die, if the dam is destroyed, however, noted that the Fish and Wildlife Service is responsible for maintaining the status of eagles. He stated that there are over 150 active eagles nests within 25 to 30 miles of the Rodman Reservoir. He stated that the State issued a study on the eagles and have determined that the restoration would not have any adverse impact on them. He stated that the reservoir is not, never has been, and never will be an important habitat for eagles.

Mr. White questioned why, if the restoration of the river was going to be bad for the birds and wildlife, the National and Florida Audubon Societies and the National Wildlife Federation support the restoration of it. He stated that Mr. Murtha had suggested, if the river was restored, that hunting, fishing, hiking, and bird watching in the area would be lost, however, noted that that was not true. He stated that the gradual transformation from an impoundment to a natural forested eco-system would actually create 9,000 more acres for hunting, hiking, fishing, etc. He stated that it would, in fact, create a 60 mile canoeing area from Silver Springs to the St. Johns River. He stated that, with regard to the cost of restoring the river, a study that was conducted by the Department of Environmental Protection concluded that the Rodman Reservoir has a negligible impact on the economy of Putnam County and, when looking at the larger regional economy of Marion and Putnam counties, that impact becomes microscopic. He stated that the study concluded that not everyone who cannot fish in the Rodman Reservoir will not fish anymore, but would, instead, move to some of the other 200,000 acres of open fishing habitats, located within 20 miles of the reservoir, therefore, the revenue would not be lost. He stated that they also stated that the revenue would be offset by the number of people who would be attracted to the area for canoeing, camping, hiking, and all the increased recreational opportunities, including the 20 natural artesian springs. He stated that every state and federal natural resource agency that has looked at this issue, costing approximately $1.5 million over the course of five years, half of it being paid by the Environmental Protection Agency, have concluded that the Rodman Reservoir is degrading the ecological integrity of not only the Ocklawaha River valley, but the St. Johns River, as well.

Mr. White stated that the reservoir provides more fish bio-mass, which he noted means more pounds of fish, however, the sacrifice for that is the elimination of 18 different species of fish from the Ocklawaha River that used to come into Silver Springs and some of the other springs to spawn, breed and carry out their life cycle. He stated that bio-diversity is being sacrificed - the number of species, which he noted is often the indicator of the health of a system, with bio-mass, which he noted is the number of pounds of fish per unit acre.

Mr. Jerry Clutts, retired District Ranger for the Ocala National Forest and a resident of Lake County, addressed the Board stating that the Forest Service has been involved in the Rodman Reservoir since it began and is now taking a position that having a restored eco-system of the natural river is preferable to what is in place at the present time, which is an impoundment. He stated that, from a personal standpoint, he feels there are enough lakes and open water fishing in the State of Florida that it does not have to be created. He stated that what the State does not have are very many miles of what he calls "old Florida rivers". He stated that to him the beauty is in that, not in impoundment. He stated that he feels the dam should be destroyed and he does not agree with state studies that state it will cost approximately $40 million to restore the river, noting that nature is very quick to heal the damage that is done to her through natural processes. He stated that he feels the State should restore the river, noting that it would be doing nature and the citizens of Florida a favor, by taking the dam out and going back to a natural river.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS

A motion was made by Commr. Hanson and seconded by Commr. Pool to approve Resolution No. 2000-10, in support of the restoration of the Ocklawaha River.

Under discussion, Commr. Pool informed those present that the vote being taken this date was a symbolic vote, noting that it indicates how the Board feels about the issue. He stated that it will be the legislators and other officials who will be making the final decision, not this Board. He stated that he feels the end result will be what everybody wants.

Mr. John Russell, a resident of Tavares, addressed the Board stating that he feels the County should have an objective hearing about the Rodman Reservoir and discuss the science behind it. He stated that the Board should take a hard look at the issue, which he does not feel they have done. He stated that he did not see how Lake County could advise Marion and Putnam counties what to do with their waterways, when it has not set a sterling example itself. He stated that the Rodman Reservoir has become a healthy eco-system and supports a great diversity of wildlife and he feels, if the dam is taken out, it will be at least 20 years before anyone will be able to enjoy the area. He stated that he enjoys visiting the reservoir and invited each of the Board members to take a personal assessment of it and the wildlife in the area and then draw their conclusions. He stated that he does not think the Board has given it a fair chance and asked that they do so.

Commr. Cadwell stated that all the Board members have done research on this issue, individually, and noted that he has personally visited the site, to get a feel for what is there, and he feels the Board is making an educated decision about it.

Commr. Swartz stated that he feels the issue is a statewide issue - one which all counties and jurisdictions should take to heart and express an opinion. He stated that it is an issue that has been going on for 32 years, since the impoundment began. He stated that the residents of the State of Florida have been paying for and will continue to pay for the environmental destruction and devastation that has been created over the years, whether it be the diking of Lake Apopka, or the dam and impoundment of the Ocklawaha River, and he, for one, is willing to pay whatever it takes to restore some of what is left of natural Florida. He stated that he would hope that other counties and cities would take up this issue, as well, and that the Legislature would listen to their wishes.

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

INTRODUCTION

The Chairman introduced to those present Ms. Susan Blair, Assistant Vice President for Marketing, United Southern Bank, noting that she was serving an internship from Leadership Lake County.

RECESS AND REASSEMBLY

At 10:15 a.m., the Chairman announced that the Board would recess for fifteen minutes.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Sharon Germ, a resident of Mt. Dora, addressed the Board and discussed what she felt was the lack of a quality management system within the County's offices. She stated that she is concerned about the matter, at which time she offered her services to the County, to deal with said problem, noting that she is a quality management professional.

Commr. Hanson stated that she feels, within the County's organization, there is not enough bottom up management, which she feels is what quality control is all about - bottom up rather than top down management.

Commr. Cadwell stated that the County is in the process of implementing the Sterling Program and suggested that Ms. Germ meet with staff and obtain information about what it is doing. He stated that she may be able to offer some suggestions. He stated that he would have staff call Ms. Germ and set up a meeting.

Commr. Hanson stated that she feels, even though the County has the Sterling Program, it should walk the walk and talk the talk. She stated that she feels it is sometimes helpful to bring an outside person in, to objectively evaluate its programs.

Mr. Travis Whigham, a resident of the Forest Hills/Lake Mack area, addressed the Board stating that he does not feel the residents of Lake County are being represented as they should be by the Board, other branches of government, or by the Sheriff's Office, because he feels they are not holding themselves accountable for what is going on in their communities. He addressed some concerns he had about the roads in the County and some issues involving the Department of Children and Families, as well. He stated that he feels the people in the County need to be listened to and thoroughly represented.

Commr. Hanson responded to the issues Mr. Whigham brought to the attention of the Board, noting that some of them are under the jurisdiction of the State, such as the Department of Children and Families. She stated that, with regard to the issue of law enforcement, it is difficult for them to respond to calls, when they have to deal with roads that have not been brought into the County Maintenance System, for access purposes, to protect the residents that live on such roads and help them take care of their properties.

Commr. Cadwell informed Mr. Whigham that the Board would make the Sheriff's Office aware of his concerns and try to get him some assistance.

Mr. Whigham further stated that he had a concern about a road located in the Royal Trails Subdivision that has been designated to be closed. He stated that said road needs to remain open for public safety purposes, noting that law enforcement and emergency services uses said road to access his community.

It was noted that the Board would have Mr. Jim Stivender, Jr., Senior Director, Public Works, check into the matter.

Mr. Bob Erickson, a resident of Eustis, addressed the Board regarding a problem he is having with squirrels destroying parts of the roof on his house and the fact that he can no longer shoot at them with his scatter gun, because the County has adopted an ordinance preventing anyone from shooting a weapon within 150 yards of another residence.

Commr. Cadwell informed Mr. Erickson that staff would be glad to meet with the Sheriff, to see if there can be some relief for him.

It was recommended that Mr. Erickson acquire a trap to catch the squirrels, or contact Animal Control, for any suggestions they may have to resolve his problem, as well.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ECONOMIC DEVELOPMENT/STATE AGENCIES

Mr. Bruce Duncan, Economic Development Director for Lake County, addressed the Board and explained this request, stating that a number of years ago the State bought the Apopka farms and, as a result of that, legislation was passed that provided that the counties that were impacted by the buyout would receive funds that were generated from the sale of equipment that had been taken by the State of Florida. He stated that Lake County's share was 15%, which amounted to $639,997.00. He stated that he has been working with the Office of Tourism Trade and Economic Development for approximately 15 months, trying to obtain said funds. He stated that there are statutory limitations on how the funding can be spent, which he broke down for the Board (contained in their backup material). He stated that 20% of the funding is for training, 33% for business incentives, and 43% for infrastructure, with a 4% fee set aside for administration. He noted that said percentages were maximum amounts. He stated that he went through the Economic Element of the Comprehensive Plan, recognized the policies that tie in with each of the three areas where the funding can be spent, and made a proposal to the Board indicating that the training funds be set up in a fund and to work with Lake Sumter Community College and Lake County Vo-Tech, as well as the high schools in the County, to provide the training necessary for the farm workers and other individuals in the County to obtain some of the jobs that are being created in the area. He stated that he felt the County could take the 33% for business incentives and subsidize it so that, in the future, the Board could spend that portion of the fund elsewhere within the County. He stated that, with regard to the issue of infrastructure, additional infrastructure is necessary at the industrial park, in order to open up additional acreage in the future for development, as well as some infrastructure improvements that may be necessary in other areas throughout the County, including the farm area. He requested approval of the request, or direction from the Board, if they wanted to head in another direction.

Commr. Gerber stated that the biggest problem in dealing with the farm people is the language barrier. She suggested implementing a program to teach them to speak English, noting that they can be trained on the job, if they can speak the language. She questioned whether such a program would be covered under said funds.

Mr. Duncan stated that it would. He stated that something he learned during this process is that farm labor is a way of life for migrants and what they prefer to do, however, noted that the County could tie parameters to the funding, to say that an English speaking program must be implemented, to teach the migrants to speak English.

Commr. Gerber stated that she felt it was absolutely essential and urged the Board to make sure that such a parameter be included in the request for approval.

A motion was made by Commr. Pool and seconded by Commr. Hanson to approve a request from Economic Development for approval of a proposal to the Office of Tourism Trade and Economic Development, regarding how funds received from the State as part of the Apopka farm buyout will be allocated.

Under discussion, Commr. Gerber stated that she would like to have some sort of parameter included, as part of the motion, that would allow an English speaking program to be implemented as part of the training.

Commr. Pool included said stipulation as part of the motion, which was seconded by Commr. Hanson.

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

CONTRACTS, LEASES AND AGREEMENTS/ECONOMIC DEVELOPMENT

IMPACT FEES

Mr. Bruce Duncan, Economic Development Director for Lake County, addressed the Board and explained this request, stating that it was an agreement that the Industrial Development Authority (IDA) was proposing to the Board, between Lake County and Goodyear Tire and Rubber Company. He stated that Goodyear has conducted a study that the County has looked at, however, it has not formally adopted the procedure, so the IDA is asking Goodyear to pay the County the full impact fee of $326,841.80 up front, which he noted is the Transportation Impact Fee that has been estimated, pursuant to County parameters. He stated that they will be allowed to conduct a study, within 12 months of the opening of the facility, at which time a traffic analysis will be presented to the County, in accordance with its procedures, which he noted are attached to the agreement. He stated that Goodyear has been made aware of the procedures, as well as their traffic engineers. He stated that, if there is a discrepancy in the amount that Goodyear has paid up front, versus what the traffic study generates, the County will reimburse Goodyear for the difference between the amount paid and the amount actually due, pursuant to the study. He noted that the County is waiving the 5% administrative fee in this case, which he elaborated on. He informed the Board that there is a new category under the Institute of Transportation Engineers (ITE) manual, which is a high cube warehouse category, that will require an impact fee considerably less than what the County is asking Goodyear to pay, that has been adopted by the ITE, but not yet accepted by Mr. Fred Schneider, Engineering Director, Public Works. He stated that it possibly will be by the time Goodyear is open for business.

Commr. Cadwell informed the Board that this request, as well as the prior request, had been before the Industrial Development Authority and they had recommended approval.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval of an agreement between Lake County and the Goodyear Tire and Rubber Company, in reference to the payment of transportation impact fees, as indicated.

It was noted that this would be Mr. Duncan's last meeting as a county employee, due to the fact that he was leaving the County to pursue a political career.

The Board thanked Mr. Duncan for the job he did for the County and wished him well in his future endeavors.

CONTRACTS, LEASES AND AGREEMENTS/IMPACT FEES/PUBLIC WORKS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it pertained to impact fee credits being sold to other entities, or groups in the general area, so that they could be traded back and forth, at which time he discussed how it would work. He stated that it would benefit the County, because impact fee credits would get used faster, so there would be no credits lagging around on a development that may be six or seven years old. He stated that a concern the County has is with the issue of monitoring; therefore, if the Board approves to go forward with it, something will have to be worked out between Growth Management and Public Works so that, in fact, the credits are being given to the right person at the right location.

Commr. Swartz questioned what basis would be used for determining where the credits will be used or sold.

Mr. Stivender stated that that would come down to the road projects in the area and whether they are on the County's road program or not.

Commr. Swartz stated that he felt it would be premature to approve this request, since the Impact Fee Evaluation and Review Committee is requesting approval to conduct a study to better allocate impact fee funds. He stated that, without the study in question and without some very clear indication that this is going to be better for the County, he was not sure he could support the request. He stated that it is going to require the County to spend a lot of time administrating who has the credits, where the credits are sold, and looking at where the credits are proposed to be sold, and he does not feel that that will be time well spent. He stated that he was also concerned that the credits will end up being spent on roads that may be on the list, but not necessarily high on the list. He stated that the County has insufficient impact fee funds, as it is, which do not even provide money for right-of-way acquisition; therefore, he is afraid that, if this request is approved, it will allow funds to move to projects that are lower on the list. He stated that they may be beneficial to the developer, to provide better roads, but it may not necessarily be the roads that need to be the most improved and have the highest priority, to provide better roadways and traffic in the County, as a whole, and certainly in the impact fee district. He reiterated the fact that he felt to approve this request would be premature, given the fact that the same committee is recommending that the County do a study to better allocate impact fee funds.

Commr. Hanson stated that she felt time was of the essence, therefore, would be supporting the request.

Commr. Swartz questioned whether the Public Works Department recommended approval of the policy or not.

Mr. Stivender stated that his only concern is keeping track of things and making sure they are done properly. He stated that the logic of doing it, trading it, getting more roads built, and getting the credits used up faster is the plus side.

It was noted that, if the Board approved the request this date, staff would work with the County Attorney's Office to come up with something to deal with the issue.

Commr. Cadwell stated that he felt this request would give the County a vehicle to do projects faster than it can at the present time.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried, by a 4-1 vote, the Board approved a request from Public Works for approval of an amendment to the Road Impact Fee code, to allow developers to use impact fee credits outside the development that generated the credits, to be accomplished on a project basis, with a written agreement approved by the Board and with the credits being used in the same benefit district and possibly within a smaller area than the entire benefit district.

Commr. Swartz voted "No".

COMMITTEES/IMPACT FEES/PUBLIC WORKS

Commr. Gerber informed the Board that she would recommend redoing the Impact Fee Study, including all aspects of impact fees that the County currently has, adding Libraries and Recreation to it. She stated that Law Enforcement could be added, as well.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval for the Lake County Impact Fee Evaluation and Review Committee to conduct a study to better allocate impact fee funds, with regard to all aspects of impact fees that the County currently has, and to add the issues of Libraries, Recreation, and Law Enforcement to the study, as well.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Ms. Mary Link Bennett to the vacant position of A Person Over 60 Years of Age Representing the Elderly of the Service Area, on the Lake County Transportation Disadvantaged Coordinating Board; and designated Ms. Helen Elleck as a Citizen Advocate Representative.

REPORTS

COUNTY ATTORNEY

ORDINANCES

Commr. Hanson informed the Board that they had asked that a meeting be held with all parties involved with Silver Glen Springs Run and come back to them with a recommendation to deal with the issue of alcoholic beverages at said location. She stated that, overwhelmingly, the people involved with the matter recommended a ban on alcoholic beverages in Silver Glen Springs Run.

Ms. Sue Whittle, County Manager, informed the Board that the proposed Ordinance mirrors an ordinance that Marion County recently adopted.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an Ordinance Relating to the Possession of Alcoholic Beverages in Silver Glen Springs Run.

ADDENDUM NO. 1

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/EDUCATION

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the appointment of Ms. Susan Ryan as the Lake County Schools Representative on the Environmental Protection Advisory Board.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2000-13, proclaiming February 10, 2000, as Child Watch Visitation Day in Lake County.

REPORTS

COMMISSIONER POOL - DISTRICT 2

COMMITTEES

Commr. Pool congratulated the East Lake Chamber of Commerce for their annual banquet, noting that it was a wonderful event and he enjoyed being a part of it.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Cadwell informed the Board that he was pulling a request to make the annual reappointment of liaisons for Boards and Committees, until a later date. He requested the Board members to get their lists turned in to him as soon as possible, so that he can act on them.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

RESOLUTIONS

Commr. Cadwell informed the Board that the President of Toyota would be visiting the Maritec/Toyota boat manufacturing plant in Groveland, along with members of the Industrial Development Authority, who will be giving him a token of their appreciation, and that he would like to present him with a Resolution welcoming him to Lake County

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2000-11, welcoming Mr. Fujio Cho, the President of Toyota, to Lake County.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.

__________________________________ WELTON G. CADWELL, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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