The Lake County Board of County Commissioners met in special session on Tuesday, June 16, 1992, at 5:30 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; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; and Marlene S. Foran, Deputy Clerk.

Those present from the Town of Lady Lake were: Lee Hokr, Mayor; Robert Q. Williams, City Attorney; Storm Kern, City Commissioner; Yvonne I. Knudson, City Commissioner; Rick Colpitts, Acting Town Manager; and Ellie Whigham, Town Clerk.

PLANNING & DEVELOPMENT/PUBLIC WORKS/SUITS AFFECTING THE COUNTY

ORDINANCES/MUNICIPALITIES

Mr. Robert Williams, Attorney for the Town of Lady Lake, appeared before the Board and announced that Mr. John Lynch, Town Manager, was unable to attend the meeting this evening due to an important family commitment but does recognize the importance of this meeting.

Mr. Williams stated that, following the last meeting between the City and the Board of County Commissioners, the Town of Lady Lake staff identified three major issues of concern regarding the road impact fee program. He stated that the first issue of concern is the definitions of site-related and nonsite-related improvements; the need to provide a procedure for determining whether or not a particular improvement is site-related or nonsite- related; and the need to specify that nonsite-related improvements can be eligible for credits against road impact fees.

Mr. Williams stated that the second issue of concern is the perception that Town of Lady Lake dollars would be used to fund

road projects in other Road Benefit Districts. He stated that they have devised a formula that codifies the procedure for spending road impact fees in the form of an Ordinance, before the Board this date, which sets forth a procedure by which a percentage (based on a ratio as stated in the Ordinance) of the road impact fees that are collected in a specific municipality are earmarked for that municipality for a period of three (3) years. If they are not spent within a three (3) year period, they are then combined into a district fund to be spent throughout the district.

Mr. Williams stated that the third issue of concern is the effective date of the Ordinance and the Interlocal Agreement between the County and the Town of Lady Lake as to when Lady Lake would start the collection of road impact fees.

Mr. Williams further stated that County staff and the Town of Lady Lake staff have developed definitions of site-related and nonsite-related improvements and the provision for determination of same, and it is anticipated that this language will be included in an ordinance amendment. He further stated that the second issue of concern, which addresses the issue of the allocation based on the formula of funds that will remain in Lady Lake, will also be addressed in the same ordinance amendment. He stated that staff has discussed an effective date of January 1, 1993, at which time the Town of Lady Lake would begin to collect road impact fees on all projects permitted in Lady Lake. He stated that they are prepared to enter into an interlocal agreement with the County this date and sign said agreement, with an effective date of January 1, 1993, as soon as it is prepared.

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to address questions pertaining to the above issues and stated that he has worked closely with the County and Town of Lady Lake staffs in preparing the language addressing site-related and nonsite-related improvements.

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that staff will prepare and present to the

Board for their review and approval an ordinance amending the code, which will include a section incorporating the definitions presented this date, and an amendment to the existing interlocal agreement with the Town of Lake Lake regarding impact fees.

At this time, discussion occurred regarding the definitions of site-related and nonsite-related improvements and language in the proposed ordinance, at which time Commr. Swartz questioned if the cities have had any input relative to the proposed changes in the ordinance. Mr. Stivender responded that the changes proposed this date are very close to the concerns that have been expressed by the cities and what their understanding is of what was to take place regarding this issue.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to instruct the County Attorney to draft necessary amendments to the ordinance regarding road impact fees, and the interlocal agreement between the Town of Lady Lake and the County regarding impact fees, and to bring them back before the Board for their review and approval.

Under discussion, Commr. Bakich expressed his gratitude to all those who willing worked in a spirit of cooperation to resolve this issue.

The Chairman called for a vote on the motion, which was carried unanimously.

At this time, Mr. Hokr expressed his gratitude to the Board and to Mr. Pete Wahl and his staff for their work in resolving this issue, and the spirit of cooperation that has been involved. He further commented that the Town of Lady Lake is very pleased with the outcome of this program.

On a motion by Commr. Kern (Lady Lake Commissioner), seconded by Commr. Yvonne Knudson (Lady Lake Commissioner), and carried unanimously, the Town of Lady Lake moved for approval of the Ordinance regarding road impact fees, and approval of the Interlocal Agreement between the County and the Town of Lady Lake,

with an effective date of January 1, 1993, when final documents are prepared and presented to the Town of Lady Lake Commission.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:55 p.m.

________________________________ G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

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