MARCH 3, 1992

The Lake County Board of County Commissioners met in special session on Tuesday, March 3, 1992 at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; and Catherine Hanson. Commr. Swartz was not present due to other commitments. Others present were: Annette Star Lustgarten, County Attorney; Pete Wahl, County Manager; Ava Kronz, Assistant to the County Manager; and Marlene S. Foran, Deputy Clerk.


Commr. Bakich opened the first public hearing on the proposed Ordinance Amending Road Impact Fees, Section 17-26, Computation, To Delete The October 1, 1991 Thirty Percent (30%) Increase In Right-Of-Way Acquisition.

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that this is the first of two public hearing on a proposed ordinance, which eliminates the thirty percent (30%) additional road impact fee for road acquisition, and sets forth current fees that went into effect on October 1, 1991. She stated that the Board of County Commissioners have been in negotiations with the Town of Lady Lake for the purpose of resolving an ongoing dispute regarding the Town of Lady Lake's unwillingness to participate in the Lake County road impact fee system, and the draft ordinance, before the Board this evening, addresses issues

raised by members of the Town of Lady Lake Commission. Ms. Lustgarten stated that the Board has the option of splitting the Ordinance into two ordinances; one addressing the reduction of the thirty percent (30%) increase in fees for right-of-way acquisition, with a second public hearing scheduled on March 17, 1991; and one addressing the use of funds within the Road Benefit Districts, thus giving the Town of Lady Lake adequate time to review said ordinance and allowing time for further negotiations.

Commr. Bakich stated that the draft ordinance is proposing language that would clean up issues that have been addressed in negotiations with the Town of Lady Lake, at which time he requested input from the Board as to whether they feel the negotiation team is going in the right direction.

Commr. Bakich stated that, based on comments from the Board, the consensus of the Board is that the thirty percent (30%) increase in right-of-way acquisition, and the negotiations with the Town of Lady Lake are to be handled as separate ordinances.

Mr. Jim Stivender, Director of Public Works, appeared before the Board to address issues pertaining to negotiations with the Town of Lady Lake.

At this time, Commr. Bakich opened the floor for public comment.

Mr. Steve Richey, Attorney, appeared before the Board and stated that he expressed concerns, at the time the original Road Impact Fee Ordinance was passed, that the implementation of the thirty percent (30%) increase for right-of-way acquisition was inequitable and unfair to the citizens of Lake County. He further stated that extracting right-of-way and making people pay the thirty percent (30%) impact fee is not in the tradition of fair and equitable treatment. On behalf of the citizens of Lake County, Mr. Richey expressed his appreciation to the Board for their actions, at this time, in providing fair and equitable treatment regarding the road impact fees.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Amendment No. 1, striking through lines 30 through 33, on page 1, of the proposed ordinance.

Ms. Lustgarten reviewed changes as listed in Amendment No. 2 as follows:

Page 2, Lines 1 and 2 - delete "in order to resolve the issues raised by the members of the Town of Lady Lake Commission" and insert after "WHEREAS", it has been determined.

Page 2, Line 13 - insert after "fees" that went into effect on October 1, 1991, based upon the Florida Department of Transportation Construction Index,.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the board approved Amendment No. 2, as stated above.

At this time, Mr. Stivender noted that a meeting with the Town of Lady Lake has been tentatively scheduled on March 12, 1992, at which time language will be available addressing the position of the County on the issues involved. He stated that, on March 5, 1992, he will be attending a meeting with the majority of the cities regarding impact fees, and at this meeting insight will be provided into the direction in which the cities are leaning toward. He stated that the Board will be in a position to decide the direction in which they wish to go by the March 17, 1992 meeting.

There being no further business to be brought to the attention of the Board, the public hearing adjourned at 5:20 p.m.