DECEMBER 16, 1991

The Lake County Board of County Commissioners met jointly, in a special meeting with the Lady Lake Town Council, on Monday, December 16, 1991, at 7:30 p.m., at the Town Hall Council Chambers, Lady Lake, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Catherine Hanson; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; Jim Stivender, Executive Director of Public Works; John Swanson, Executive Director of Planning and Development; Pat Mayhill, Transportation Planner, Planning and Development; and Sandra Carter, Deputy Clerk.

Members of the Lady Lake Town Council that were present were: Mayor Lee Hokr, Ward 5, Chairman; Storm Kern, Ward 1; Joanna Perrigo, Ward 2; Yvonne Knudson, Ward 3; Ottis Birge, Ward 4; and John Lynch, Town Manager.

An invocation was given by Rev. Paul Tresse, followed by the Pledge of Allegiance.

The Chairman of the Lady Lake Town Council, Mayor Lee Hokr, introduced the County Commissioners that were present. He then read a letter from City Commissioner Este Kern, Ward 1 (who could not be present at this meeting), expressing her feelings about the Road Impact Fee Program.

Ms. Phyllis Gray, Assistant to the Town Clerk, acting as Recording Secretary for the Town Council, read the Minutes of the past Town Council Meeting, which were approved, as amended.

Mr. Mike Anderson, Interim County Manager, gave a brief presentation regarding the Town of Lady Lake not participating in the Lake County Road Impact Fee Program.

Mr. John Swanson, Executive Director of Planning and Development, gave a brief overview of the Road Impact Fee Program. He stated that the theory behind road impact fees is to serve the

infrastructure for new developments. He stated that, first of all, impact fees shift the fiscal burden from existing taxpayers to new developments, and secondly, they synchronize the construction of facility capacity with new developments. He stated that impact fees collected within the six benefit districts in the County would be spent for the mutual benefit of those areas. He then discussed credits for industrial land uses, noting what power the Board of County Commissioners has regarding them, and credits for planned on-site or off-site improvements. He stated that the Road Impact Fee Ordinance stipulates that any roadway or intersection improvements required to accommodate the impact of a proposed project shall be in compliance with the Lake County Comprehensive Plan. He then reviewed charts indicating trips generated within Lady Lake, as well as trips generated from Lady Lake to various other parts of the County. He then answered questions from the Town Council.

Ms. Pat Mayhill, Transportation Planner, Planning and Development, appeared before those present and stated how the County staff came up with the traffic counts being discussed this date, noting that the numbers represent a yearly average - they are not seasonal, but merely an average. She stated that the figures represent trips that either originated in Lady Lake, or ended in the Lady Lake area. She then answered questions from the Town Council.

Mr. Jim Stivender, Executive Director of Public Works, appeared before those present to discuss the Lake County Road Program. He stated that the County is just getting started for next fiscal year, at which time he discussed how the program will work. He stated that each city will receive a memo from the County requesting their priorities, and then a meeting will be scheduled with each city in March, to discuss the matter and set priorities for the whole County. He stated that this will not involve state roads, only local county roads. He briefly discussed the east-west connector, the six-laning of several portions of Hwy. 441, and

a western by-pass which would come just inside the Sumter County line and run from Lady Lake to Hwy. 44, west of Leesburg. He noted that the western by-pass is only conceptual, but is something that could be a very viable option.

Ms. Mayhill reappeared before those present and reviewed a chart indicating what it would cost, in road impact fees, to build a two and three bedroom home in Lake County, using the approximate five mills, and a chart indicating what the cost would be, as it pertains to commercial property. She then answered questions from the Town Council.

Mr. Anderson reappeared before those present and read a memo he had written to the Board stating the issues involved with Lady Lake's decision not to collect road impact fees, and staff's recommendations concerning the matter.

Mr. John Lynch, Lady Lake Town Manager, stated that he feels there is room for further discussion between the respective commissions, with the possibility of a mutually acceptable outcome. He stated that he felt if they do otherwise, they will be making a major mistake.

Ms. Joanna Perrigo, City Commissioner, Ward 2, stated that her main concern is that the Town of Lady Lake be given the assurance that the monies they collect will be used in the Town of Lady Lake and not elsewhere. She stated that she is concerned about the fact that the ordinance states that the monies collected shall be used in the district in which the funds are collected, or can be used for projects and other road benefit areas, noting that she feels this could mean that the monies might be used in neighboring districts. She stated that she would like to see an amendment to the ordinance, and questioned whether the Board would be open to a guarantee that a certain percentage of monies collected in each city would be used in said cities.

Ms. Annette Star Lustgarten, County Attorney, responded, stating that monies can only be used in another road benefit district, if it benefits the district from which the monies were

collected. She stated that, after the committee has reviewed the projects to be constructed in a particular district, the matter has to come before the Board of County Commissioners for final approval, and there will have to be an actual finding by the Board of County Commissioners that there is a direct benefit to the district in which the funds were collected, before said funds can be used in another district. She stated, however, that the ordinance could be amended to require a majority vote of the committee.

Mr. Lynch, Lady Lake Town Manager, reviewed some charts indicating the number of single family residence building permits that have been pulled for the Town of Lady Lake, compared to all the other cities in the County, noting that Lady Lake represents 62.24% of all the permits pulled.

Ms. Lustgarten, County Attorney, stated that said monies will be returned to the Town of Lady Lake, in six years, if it is not used within that period of time.

A brief discussion occurred regarding said matter.

Mr. Ottis Birge, City Commissioner, Ward 4, stated a concern he had that the Town of Lady Lake will be building roads for Leesburg. He then questioned the retroactive issue.

Further discussion occurred regarding the issue of monies being spent in the cities in which they are collected, at which time Mayor Hokr questioned whether it was possible to amend the ordinance and insert a statement indicating that a certain percentage of the monies collected must be spent in the city in which it is raised, to which Commr. Bakich stated that the Board would be willing to look at that possibility.

Commr. Gregg stated he is concerned that the money is not going to be spent where it has the most impact, and also that he could not support a recommendation that a fixed percentage be spent within the municipal boundaries, as he feels the committee should be the one to make that decision.

A brief discussion occurred regarding a request for an additional 30% in road impact fees, to be used for road acquisition, and some problems it has caused the County.

After further discussion, it was the consensus of the Town Council and the Board of County Commissioners to try to work out a mutual solution to the road impact fee problem, and, if possible, to do so within 60 days, as time is of the essence, and that the last resort would be to go to court.

At this time staff answered questions from individuals in the audience.

There being no further business to be discussed with staff or the Board of County Commissioners, this portion of the meeting was adjourned at 8:45 p.m.