The Lake County Board of County Commissioners met in regular session on Tuesday, December 19, 1995, 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, BCC Office Manager; and Sandra Carter, Deputy Clerk.
Ms. Jean Kaminski, Executive Director of the Home Builders Association of Lake County, gave the Invocation and led the Pledge of Allegiance.
The Chairman announced that Ms. Peggy Berry, from the Leadership Lake County class, would be spending the day with the Board, at which time he introduced Ms. Berry to those present.
AGENDA UPDATE
Commr. Hanson stated that she would like to add to the Agenda, under her Commissioner's Business, the issue of the Anthony House, noting that last year the Board funded approximately $2,500.00 for it; however, the funds were cut from the budget and she would like to bring it back before the Board, for further discussion, because of some problems that they currently face.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda, under Commr. Hanson's business, the issue of the Anthony House.
Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that State Representative Stan Bainter would not be making a presentation before the Board this date, as scheduled.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz requested that Tab 7, a request from the Office of Tourism for approval and execution of Agreement between Lake County and Orlando Area Sports Commission, for a period of one year, and approval to encumber and expend funds, in the amount of $50.000.00, as membership fees, be pulled and discussed separately.
Commr. Hanson requested that Item I. B., on Addendum No. 2, a request from Public Services for approval and execution of a Resolution, which will request the transfer of State of Florida Murphy Road Reservations to the County, for the paving of roads in the unrecorded plat of Hazzard's Homestead, in the Eustis area, be pulled and discussed separately.
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
Contracts, Leases and Agreements/Grants
Request from Community Services for approval and execution of Agreement between Lake County and Children's Home Society of Florida, for annual grant funding (Baby Dangerfield Program), and approval to encumber and expend funds, in the amount of $35,000.00.
Accounts Allowed/Community Services
Contracts, Leases and Agreements/Grants
Request from Community Services for approval and execution of Agreement between Lake County and Sunrise ARC, for annual grant funding, and approval to encumber and expend funds, in the amount of $70,000.00.
Accounts Allowed/Community Services
Contracts, Leases and Agreements/Grants
Request from Community Services for approval and execution of Agreement between Lake County and Childhood Development Services, Inc., for annual grant funding, and approval to encumber and expend funds, in the amount of $55,000.00.
Community Services/Contracts, Leases and Agreements
Request from Community Services for approval and execution of Agreement between Lake County and Mid-Florida Community Services, Inc., for grant funding related to transportation services for senior citizens.
Contracts, Leases and Agreements/Economic Development
Request from Economic Development for approval and execution of Amendment to Agreement regarding Declaration of Restrictive Covenants for Lake County Central Park and an Option Agreement for Marriott Distribution Services.
County Employees/Human Resources
Request from Human Resources for approval of group life and accidental death and dismemberment insurance recommendations for Calendar Year 1996; authorization for Chairman to execute applications and policies related to the recommendations; and approval to encumber and expend funds, subject to review and approval by the County Attorney.
Contracts, Leases and Agreements/Economic Development
Request from Economic Development for approval for Chairman to execute Memorandum of Lease and Expansion Right Agreement, for the purpose of recordation, regarding Robert A. Mantovani and Marriott Distribution Services, Inc.
County Employees/Human Resources
Request from Human Resources for approval of an exception to the Lake County Personnel Policy Manual, Section 400-04A-05, Solicitation/Acceptance of Gifts, Gratuities, Benefits, or Things of Value, and Promoting Private Business, to allow William Hechler to accept a contribution from the Home Builders Association of Lake County.
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 request:
Accounts Allowed/County Finance
Request from County Finance for payment to the City of Mt. Dora, for the Redevelopment Districts, as follows:
General Fund - Community $123,000.00
NE Community $ 9,946.00
Ambulance Fund - Community $ 5,542.00
NE Community $ 448.00
Total Request: $138,936.00
MINUTES
Regarding the Minutes of November 16, 1995, the following was requested:
On Page 8, Line 5, insert the word that after the word suggest.
On Page 5, Line 21, change relay to relate.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 16, 1995 (Special Meeting), as corrected.
PUBLIC HEARING
ROAD VACATION
PETITION NO. 806 - MIKE AND DONNA HALL - LEESBURG AREA
Mr. Jim Stivender, Jr., Director, Public Services, appeared before the Board and explained this request, stating that it was a request to vacate a road in Cisky Park (Lake Park Drive), Plat 2, Section 31, Township 19, Range 25, Leesburg area - Commissioner District 1. He stated that the portion of Lake Park Drive to be vacated runs from Sunnyside Drive, which is on the east side, to what is called Cisky Loop. He stated that both roads are county maintained. He discussed some safety issues involved with the road and noted that the County had received a letter (distributed to the Board for their perusal) from Mr. William McBride, an adjacent property owner, expressing his concerns about the situation. He stated that he felt the County could immediately address the stormwater drainage issue, by constructing a berm along the edge of the shoulder of the road. He noted that the County had also received a letter from Ms. Beverly Smith, an adjacent property owner, in favor of the road closing.
The Chairman opened the public hearing.
Mr. Bob Williams, Attorney, representing the Petitioners, Mr. and Mrs. Mike Hall, appeared before the Board stating that the section of Lake Park Drive that the petitioners are seeking to vacate is a section that abuts four properties. He stated that all of the abutting neighbors have signed the petition and have joined in with the petitioners in having the road closed. He stated that they were seeking to close only that portion of Lake Park Drive that goes from Sunnyside Drive to the intersection of Central Drive, a portion of which has also been closed.
Mr. Williams stated that the Halls are the only people who access their home from Lake Park Drive. He stated that the road is an unimproved road, full of ruts, and that there have been no improvements to the road, since the Halls purchased their property in 1982. He stated that the road is not in the County Maintenance System and there are no plans to bring it into the system. He then reviewed a plat and displayed several pictures of the property in question, as well as the surrounding area, at which time he answered questions from the Board regarding same.
Mr. William McBride, the owner of Lakeside Apartments, an adjacent property owner, appeared before the Board in opposition to the request. He stated that he had submitted a letter to the Board, prior to this meeting, noting his concerns about closing the road in question. He stated that the drainage problem has increased over the years and that he has tried to get the people who live on the street and the County to solve the problem. He stated that he was the recipient of all the water runoff, at the bottom of the hill, and that his tenants' ingress and egress was hampered by the runoff. He stated that he discussed the matter with the County, however, did not receive any help. He then answered questions from the Board regarding the matter.
Commr. Swartz suggested vacating the road as a right-of-way, but maintaining a drainage easement, so that the County could put in a workable stormwater retention area. He stated that he would hate to see the County give up footage that might help alleviate the stormwater problem and not ensure that it does, therefore, feels that the County needs to ensure that that occurs, somehow.
Mr. Williams, Attorney, representing the petitioners, stated that the County's concerns are exactly the same as the Halls and that he did not feel they would mind conditioning the road closing on them bringing the road up to grade and doing what they need to do, to prevent the drainage problem.
Commr. Swartz suggested closing the road in such a way that the closing will not occur until such time as the improvements are made and Public Services signs off on it.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved Road Vacation Petition No. 806, by Mike and Donna Hall, to vacate Lake Park Drive, Cisky Park, Plat 2, Section 31, Township 19, Range 25, Leesburg area - Commissioner District 1, contingent upon the applicant meeting the County Engineer's recommendation to ameliorate the drainage problem.
PUBLIC HEARING
ASSESSMENTS/RESOLUTIONS/SOLID WASTE
Mr. Don Post, Director, Solid Waste, appeared before the Board and explained this request, noting that it was a legal formality that the County has to go through at the end of the calendar year, in order to have the opportunity for the Board to adopt the Resolution next summer, for the rates for the various Municipal Service Benefit Units (MSBUs). He stated that the actual rates will be established next summer.
The Chairman opened the public hearing.
Mr. Murphy Cameron, a local resident, appeared before the Board and questioned whether they were getting ready to assess residents of the County with more fees.
He was informed that they were not.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste for authorization to execute the Notice of Intent of Use of the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Municipal Service Benefit Units (MSBUs) Resolution, subject to review and approval by the County Attorney, and authorized proper signatures on same.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, informed the Board that the agreement before them, this date, was an outgrowth of the recent Value Adjustment Board hearings, noting that the Astor-Astor Park Water Association, Inc. applied for a tax exemption for their system; however, it was denied. He stated that the agreement requires that, when all the debts of the Association are paid, the water system will be transferred over to the County and that it was written in such a way as to allow the Association to do what they need to do, for expansion and replacement of the system. He stated that, hopefully, it will remain a private system, but, if it ever ceases to be a private system, it will come under the County, rather than being sold to another utility provider.
Commr. Hanson stated that she felt this was a positive resolution to a long standing issue.
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 County Attorney for approval to execute Interlocal Agreement between Lake County and Astor-Astor Park Water Association, Inc., for transfer of corporate assets, upon dissolution of debts.
PUBLIC HEARINGS
REZONING
At this time, the following members of staff were sworn in by the Deputy Clerk, Sandra Carter.
Ms. Sharon Farrell, Interim Director, Development Regulation Services
Mr. Jeff Richardson, Planner II, Development Regulation Services
PETITION NO. CUP95/12/1-5 - CUP IN RM - CLIFFORD AND MARY JUDY
Ms. Sharon Farrell, Interim Director, Development Regulation Services, appeared before the Board and explained this request, stating that it was a request for a Conditional Use Permit (CUP) in an RM (Mobile Home Residential) zoning district, to construct a single family homesite. She stated that the subdivision in question is known as the Bar-Bel Subdivision. She stated that there is a double wide mobile home currently on the property and that it is located in the Urban Expansion land use category. She stated that, in visiting the site, and in review of the application and all applicable codes and policies, staff was recommending approval of the CUP. She noted that staff had a video of the property in question, for the Board's review. She stated that staff had received two letters of support, one containing three signatures, and two letters of opposition, as well as one phone call in opposition. She submitted, for the record, four (4) pictures (County Exhibit A) that staff had taken of the property in question, as well as the surrounding area, and three (3) pictures (County Exhibit B) of the property and mobile home in question that was submitted by the applicant at the Planning and Zoning Commission Meeting.
At this time, the Board reviewed the video from staff.
The Chairman opened the public hearing.
Ms. Mary Judy, Petitioner, appeared before the Board and was sworn in by the Deputy Clerk, Sandra Carter. She stated that some of her neighbors were present, in support of her request, and that she also had a note, signed by six (6) additional people in the neighborhood, in support of her request. She stated that she and her husband were planning to remove the mobile home presently on the site, off the site, due to the fact that it is beyond repair. She stated that they were aware of the fact that their taxes would be increased, by constructing a home, but were not aware that their neighbors taxes would be increased, as well. She stated, however, that they feel the best action for them, as well as their neighbors, is to have a house constructed on the property. She noted that there is currently one additional conventional home in the subdivision. She submitted, for the record, a picture of the home that she and her husband are planning to construct, as well as a petition containing three signatures, in support of the request.
Ms. Elaine Albritton, a resident of Bar-Bel Mobile Home Village, appeared before the Board, in opposition to the request, and was sworn in by the Deputy Clerk, Sandra Carter. She stated that she did not feel the two-story home that the Judys were planning to construct would fit into the neighborhood. She stated that she would like to see the home be constricted to a one story conventional dwelling, or a modular home.
Ms. Virginia Linville, a resident of Bar-Bel Mobile Home Village, appeared before the Board, in opposition to the request, and was sworn in by the Deputy Clerk, Sandra Carter. She, too, stated that she felt a two-story residence would be out of place in the park.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that she felt any time someone was going to upgrade their property that, if they meet the setbacks and other requirements, it should be allowed, without requiring them to come before the Board, but that it was something the Board would have to decide.
Commr. Gerber stated that she had a problem with issuing a CUP for a building permit, noting that she did not think it made sense. She stated that it will put the petitioner under the new CUP procedure, requiring them to be checked out every year.
Commr. Swartz stated that he did not feel the home that was shown to the Board was going to be compatible with the mobile homes that are in the park and that, if the County feels they are going to be seeing more of this type of thing, then they need to modify the Code - not to eliminate the requirement for the CUP, but to look at rezoning the whole area, to allow it.
Commr. Hanson stated that she had a problem with not allowing a neighborhood to upgrade.
Commr. Cadwell stated that, if someone wants to put a mobile home, or manufactured home, in a subdivision, it has got to look as much like a conventional home as possible, yet, the petitioners are wanting to put a conventional home in a subdivision and the County is telling them "No". He stated that he was in favor of the request.
Commr. Good stated that, after the CUP is on the ground, it will be subject to a yearly review, which could be revoked, and he had a problem with subjecting the petitioners to that process. He questioned whether there was some action that the Board could take, to provide the petitioners with relief from that situation.
Ms. Farrell stated that there was, that the Board could approve an R-8 zoning for the request.
Mr. Minkoff, County Attorney, interjected that CUPs are not revocable at will, unless the terms of the CUP state that the County can take action. He stated that it takes a violation of the terms, for the County to take action.
On a motion by Commr. Good, seconded by Commr. Hanson and carried, by a 4-1 vote, the Board approved Ordinance No. 1995-54, with regard to a request for CUP (Conditional Use Permit) in RM (Mobile Home Residential), for construction of a single-family residence, instead of the placement of a mobile home on Lot 21 and the south 20 feet of Lot 22, in the Bar-Bel Subdivision, in the Lake Eustis area (Section 18, Township 19, Range 26).
Commr. Swartz voted "No".
RECESS AND REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would take a fifteen minute recess.
REZONING (CONT'D.)
Ms. Sharon Farrell, Interim Director, Development Regulation Services, informed the Board that Tab 3 (Case No. 48-95-5 - Jerry and Nancy Newton) and Tab 4 (Case No. CUP95/9/1-5 - Jerry and Nancy Newton) of the Zoning Agenda had been withdrawn, as requested by the petitioners.
PETITION NO. 99A-90-3 - AMENDMENT TO ADD LAND TO EXISTING CFD ORDINANCE NO. 36-90 - FLORIDA/GEORGIA DISTRICT OF THE LUTHERAN CHURCH
Ms. Sharon Farrell, Interim Director, Development Regulation Services, explained this request, stating that it was a request from the Florida/Georgia District of the Lutheran Church to add an additional 25 acres, owned by said church, to the Woodlands Lutheran Camp, located in the Montverde area. She stated that the original camp came about in 1971, under a CUP, and that, in 1990, it was rezoned to PFD and additional land was added at that time. She stated that staff found no evidence of code violations on the site and found it to be in compliance, therefore, were recommending approval of the request. She stated that the County had not received any letters for or against the request and noted that, at such time as the camp begins improvements on the site, it will have to go before the Technical Review Committee, for a full site plan review.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that the 25 acres being requested to be added is for the purpose of improving the equestrian program for handicapped children. He requested approval of the request.
At this time the Senior Pastor, Assistant Pastor, and Camp Manager, who were present in the audience, introduced themselves to the Board.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1995-55, with regard to a request for an amendment to add land to existing CFD (Community Facility District) Ordinance No. 36-90 (Public Hearing No. 99-90-3), to add additional land, owned by the church, to the Woodlands Lutheran Church, located in the Montverde area, for the purpose of improving the equestrian program for handicapped children.
CITIZEN QUESTION AND ANSWER PERIOD
Mr. Robert Gracie, a resident of Leesburg, appeared before the Board and requested an update on the issue of the Here and There Palm Shores Resort. He stated that he had been before the Board before, regarding this matter, and was aware that staff was working on it. He noted that he had spoken with Ms. Sharon Farrell, Interim Director, Development Regulation Services; Mr. Greg Stubbs, former Director, Development Regulation Services; and Mr. Paul Bergmann, Senior Director, Planning and Development on several occasions, regarding the matter.
Commr. Cadwell stated that he felt the easiest way to handle the matter would be for the Board to request something in writing from staff and, if the Board feels that it is an item that needs to be agendized, they will act on it at that time.
Mr. Gracie stated that the last time he addressed the Board, regarding the matter, he was told that there would be a public hearing concerning it in approximately 90 days; however, it has now been 114 days and the matter has yet to be addressed.
Commr. Cadwell requested the County Manager, Ms. Sue Whittle, to get something in writing from staff, regarding the matter, for the Board's perusal.
Mr. Steve Richey, Attorney, representing the Here and There Palm Shores Resort, appeared before the Board and cautioned them to be careful, with regard to potential Snyder problems, involving this case. He stated that he was not aware of any 90 day deadline that required his client to do anything. He stated that Code Enforcement has been investigating the matter and that he and his client had met with them and were trying to resolve it. He stated that, if staff reported back to the Board, in writing, regarding the matter, as had been requested, the Board may prejudice themselves.
Commr. Cadwell requested the County Manager to give the report from staff to the County Attorney and let him decide what the Board should and should not address.
Mr. Gracie stated that he is a member of the organization that Mr. Richey represents, however, it seems that he gets no information, or help, unless he addresses the Board, thus, the reason for his being before them this date.
No action was taken at this time.
OTHER BUSINESS
ACCOUNTS ALLOWED/MISCELLANEOUS
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request to participate with the United Chambers of Commerce as a sponsor for Lake County Day, in Tallahassee, and to encumber and expend funds, in the amount of $150.00.
COUNTY MANAGER'S CONSENT AGENDA
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
OFFICE OF TOURISM
Commr. Swartz stated that he requested that this tab be pulled and discussed separately, because he did not support the Board's previous action, regarding the matter, and he did not want to have to vote against the entire County Manager's Consent Agenda. He asked that it be pulled, so that the Board could have an independent vote on it.
Commr. Good stated that he did not have the chance to vote on this matter, when it originally came before the Board, but, would recognize the vote, which was in favor of the action. However, he wanted to be on record that he feels the $50,000.00, for membership fees, could have done an awful lot for childrens' programs, or some other more humane action.
Commr. Hanson interjected that said funds cannot be used for anything but tourist related programs, however, she feels that they will be dealing very much with young people in the County, as they are involved in sports.
A motion was made by Commr. Hanson and seconded by Commr. Gerber to approve a request from the Office of Tourism for approval and execution of Agreement between Lake County and Orlando Area Sports Commission, for a period of one year, and approval to encumber and expend funds, in the amount of $50,000.00, as membership fees.
Under discussion, Commr. Gerber reminded the Board that they have been promised an annual report from the Sports Commission, therefore, she is very comfortable with this arrangement.
Commr. Hanson stated that she had a very strong feeling that the Sports Commission will do everything they can to see that Lake County reaps the benefits that it should. She stated that she felt it was very important that the County move forward in this area, as the County exploits it eco-tourism, as part of this request.
The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.
Commrs. Swartz and Good voted "No".
ADDENDUM NO. 2
COUNTY MANAGER'S CONSENT AGENDA
PUBLIC SERVICES/RESOLUTIONS/ROADS-COUNTY AND STATE
MUNICIPALITIES
Commr. Hanson stated that she had asked Mr. Jim Stivender, Jr., Director, Public Services, to look into the possibility of lifting the State of Florida Murphy Road Reservations throughout the County.
Mr. Sandy Minkoff, County Attorney, stated that staff had already done a resolution on this issue, however, discovered one additional property involving a reservation and wanted to include it with the others that the Board had previously approved. He stated that staff was looking at setting up a procedure where the actual releases do not have to come before the Board, but where staff can administratively do them. He stated that he had been working with Ms. Sally Stoddard, Public Services, and, hopefully, would be bringing a resolution before the Board that would give staff the authority 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 and execution of a Resolution, which will request the transfer of State of Florida Murphy Road Reservations to the County, for the paving of roads in the unrecorded plat of Hazzard's Homestead, in the Eustis area, subject to review and approval by the County Attorney.
ADDENDUM NO. 2
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY MANAGER/PLANNING AND DEVELOPMENT
Ms. Sue Whittle, County Manager, informed the Board that they had recently approved moving forward in developing a plan, with Mr. Karl Kehde, LUFNET (Land Use Forum Network, Inc.), for the unified site plan that is required at the Hwys. 19/27 corridor. She stated that she had discussed with him what process would work best and how to initiate the process and that he had FAXed a letter to her regarding same. She stated that he feels it is extremely important to involve the citizens and the landowners and that he feels the County should invite the city officials, as well, because this will be a far reaching process. She stated that he suggested the County go right into the planning process, with as many people as they can get, at the meeting. She reviewed the schedule that Mr. Kehde had given her, however, noted that staff still had not decided on a location for the meetings. She stated that he suggested holding three (3) meetings per day, one at 10:00 a.m.; one at 2:00 p.m.; and one at 7:30 p.m. She stated that, if the Board was comfortable with this approach, staff would move forward with a letter of intent.
Commr. Cadwell requested the County Manager to give the Industrial Development Authority a presentation, regarding the matter, at their January meeting.
No action was needed or taken at this time.
COUNTY MANAGER/MISCELLANEOUS
Ms. Sue Whittle, County Manager, brought up for discussion the issue of the parking focus committee for Tavares and whether or not Mr. T. Keith Hall, Lake County Tax Collector, would be willing to serve on said committee.
Commr. Cadwell stated that Mr. Hall indicated he would be happy to serve on the committee.
It was noted that Commr. Swartz would serve on said committee as the Capital Improvements Liaison Commissioner and that Mr. Hall would serve as the Constitutional Officer, along with whatever staff members are deemed appropriate.
Ms. Whittle noted, for informational purposes, that the City of Tavares will be discussing the matter on December 20, 1995.
No action was needed or taken at this time.
ADDENDUM NO. 1
REPORTS
RESOLUTIONS/EDUCATION
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Proclamation declaring January, 1996 as School Bus Stop Safety and Awareness Month and proclaiming the colors green and white as awareness colors.
ROAD PROJECTS/ROADS-COUNTY AND STATE
Commr. Swartz brought the Board up-to-date regarding the proposed road project in Tavares/Mt. Dora, which involves Lakeshore Drive, Lake Dora Drive, and Disston Avenue. He stated that it provides for resurfacing and paved shoulders, as well as signage indicating that Lakeshore Drive is a scenic route, as well as some "Stop" signs and "No Thru Truck Traffic" signs.
ADDENDUM NO. 1
REPORTS
COMMISSIONER'S BUSINESS
MEETINGS/MUNICIPALITIES
It was the consensus of the Board to schedule a District 4 Townhall Meeting in Sorrento, on February 8, 1996, at the East Lake Chamber of Commerce Building.
REPORTS
COMMISSIONER'S BUSINESS
MISCELLANEOUS
Commr. Hanson brought up for discussion the issue of funding for the Anthony House, noting that last year the Board funded approximately $2,500.00 for same. She stated that they are having some financial problems, noting that they did not get a grant from the School Board, as they had the year before, therefore, she felt the County should do its part and approve another $2,500.00 this year. She noted that the house serves many children from Lake County.
Commr. Cadwell stated that the needs are great in the community, however, noted that there are organizations in the County that are taking care of some of those needs.
A motion was made by Commr. Hanson for the Board to approve funding, in the amount of $2,500.00, for the Anthony House.
The motion died for lack of a second.
RECESS AND REASSEMBLY
At 11:20 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.
PUBLIC HEARING
WORKSHOP - PROPOSED IMPACT FEES
PLANNING AND DEVELOPMENT
Mr. Steve Richey, Attorney and President of the Leesburg Area Chamber of Commerce, appeared before the Board stating that the Leesburg Area Chamber of Commerce had set up a committee to evaluate the effects of the proposed impact fees; however, it became obvious to that committee that they did not have the expertise to do it, so they came before the Board and the League of Cities and requested that they jointly undertake the hiring of an independent firm (Real Estate Research Consultants, Inc.), to do the evaluation. He stated that said study has been prepared and would be presented at this time.
Mr. Owen Beitsch, Real Estate Research Consultants, Inc., appeared before the Board stating that a lot of information has been collected on the relative cost and benefits of impact fees; however, these costs and benefits have never really been evaluated in a fairly localized context. He stated that that is one thing that causes this report and analysis to be distinguished from lots of other work that has been done. He discussed the following areas, contained in a handout, which he distributed to the Board, for their perusal:
CRITICAL DEFINITIONS
Import Wealth: Brought into the community to support a standard of living. Relatively unbeneficial.
Domestic Wealth: Local serving, locally generated and locally consumed. Relatively beneficial.
Export Wealth: Economic wealth received from other communities. Represents products and services sold for capital to sustain the local community growth. Extremely beneficial.
Demand Elasticity: The degree to which demand is increased or decreased as the result of specific changes in the economic conditions.
Return on Equity: A simple measure of the willingness to make a capital expenditure, i.e., how much money will be earned by an investment?
Distinction between fiscal and economic.
Economic: Jobs/Wages/Production in Private Sector
Fiscal: Government Revenues
ANALYSIS
Interest effect.
Added impact fees similar to increase in interest rate. Used to measure elasticity.
Pricing of housing in this market.
Generally lower cost in relation to incomes.
Sharp price increases, create radical responses.
Business decision making process.
Local businesses.
Regional or national businesses.
Indigenous resource or locality.
Existing vs new businesses.
Quantitative.
Pricing effects.
Housing: Expressed as increased costs, potentially lost production in this jurisdiction.
Business: Expressed as increased cost, potentially lower return, higher rents
All of the above must be considered in market and jurisdictional context.
ECONOMIC CONSEQUENCES
Negligible employment impacts. Services still provide, but in nearby locations outside of jurisdiction.
Negligible production impacts. Primarily lost potential retail sales.
Casts a shadow on economic development efforts.
FISCAL CONSEQUENCES
Immediate Public
Results primarily from lost housing construction.
Increased impact fees offset ad valorem losses.
Immediate Private
Burdens shifted to private sector, primarily homebuyers.
Intermediate Public
Lost sales tax and other secondary sources of revenue.
MITIGATING STRATEGIES
Relate to policy and philosophy as well as fiscal intent.
Objective is to soften consumer shifts that the market will experience in response to significant policy changes.
Focus of these strategies.
Total value of dollars raised.
Location of where dollars should be spent.
Timing of benefits for investing dollars.
Strategy establishes a market context.
Establish growth centers as primary control mechanisms.
Reinforces desired development patterns through incentives, as well as punitive actions.
Calls for phasing of policy changes.
Recognizes that businesses contribute monies that underwrite the services used by residential development.
Mr. Beitsch reviewed a map and various charts, contained in his handout, then summarized his presentation, covering the following points:
. Potential for net increase in ad valorem.
. Little likelihood of jobs lost.
. Gains in ad valorem may be offset by other collections.
. Arguably, tremendous bureaucracy needed to oversee system.
. Burdens shifted to private sector.
. Effects can be mitigated by giving market time to adjust.
Discussion occurred regarding the report, at which time Mr. Beitsch answered questions from the Board, regarding same.
Commr. Good stated that the Board needed to have a clear distinction between economic impacts on growth, which he stated replaces what is lost and promotes health, and economic impacts on development, which changes what one has, which he elaborated on. He stated that he felt it was very important to keep them separated, with regard to this issue.
It was noted that the Board would schedule a time on a future agenda, for further discussion regarding this matter, at which time other entities would have the opportunity to give input regarding same, and then another workshop would be scheduled, where everyone involved would give input.
Commr. Swartz stated that he felt the report before them provided a lot of information and direction, however, noted that it clearly indicates that there will be an increase in ad valorem taxes, even with the reduction of the number of building starts. He stated that there is little likelihood of jobs lost and noted that there will be gains in other taxes, other than ad valorem. He stated that he agrees with the basis of the report and feels that it will be helpful in going forward, without fear that enacting impact fees are going to devastate Lake County's economic growth, or its vitality. He stated that, quite the contrary, it shows that impact fees will have less detrimental impact than to not collect them, across the board. He stated that he appreciated Mr. Beitsch doing the report and was glad that the County spent the money to have him do it.
The Chairman recognized representatives from several cities, who were present in the audience.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:30 p.m.
_______________________________
WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/12-19-95/1-24-95/boardmin