The Lake County Board of County Commissioners met in regular session on Tuesday, March 19, 1996, 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, Office Manager, Board of County Commissioners; and Sandra Carter, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Hanson requested to place on the Agenda, for approval, under her Commissioner's Business, two Proclamations.
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 Commissioner Hanson's Business, a Proclamation proclaiming April 1-30, 1996 as Environmental Awareness Month in Lake County and a Proclamation proclaiming April 1-30, 1996 as Keep America Beautiful Month in Lake County.
Ms. Sue Whittle, County Manager, requested to pull Tab 34, under the County Manager's Departmental Business, a request from Solid Waste for approval to award a construction contract, for the Lady Lake Landfill Closure; authorization for the Chairman to execute said contract; and approval to encumber and expend funds, in an estimated amount of $2,280,000.00, subject to review and approval by the County Attorney, until a later date.
Commr. Good requested to place on the Agenda, for approval, under his Commissioner's Business, an appointment to the Lake County Charter Development Committee.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to withdraw Tab 34, under the County Manager's Departmental Business, and to place on the Agenda, for approval, an appointment to the Lake County Charter Development Committee.
STUDENT GOVERNMENT DAY IN LAKE COUNTY PROGRAM
EDUCATION/MISCELLANEOUS
Commr. Cadwell introduced those students from various high schools in the County who would be participating in the Student Government Day in Lake County Program, noting which Constitutional Officers and Department Heads they would be replacing for the day, as follows:
Mr. Sandy Minkoff Michael Patterson
County Attorney Leesburg High School
Ms. Sue Whittle Amy Stone
County Manager Umatilla High School
Commr. Rhonda Gerber Elizabeth Meade
District 1 Commissioner Leesburg High School
Commr. Bill Good Adrian Manley
District 2 Commissioner South Lake High School
Commr. Richard Swartz Todd Westrick
District 3 Commissioner Tavares High School
Commr. Catherine Hanson Jennifer Romer
District 4 Commissioner Mt. Dora High School
Commr. Welton Cadwell Stephanie Finger
District 5 Commissioner Eustis High School
Mr. Jim Stivender Laura Harper
Director, Public Services Tavares High School
Chief Craig Haun Jeffrey Deardorff
Director, Fire & Emergency Services South Lake High School
Mr. Don Post Brennan Taylor
Director, Solid Waste Management Mt. Dora High School
Mr. Fletcher Smith Amanda Morehead
Director, Community Services Eustis High School
Mr. Mike Anderson Stacy Gaskins
Director, Facilities & Cap. Imp. Umatilla High School
MARCH OF DIMES CAMPAIGN FOR 1996
MISCELLANEOUS/PUBLIC HEALTH
Commr. Cadwell noted, for informational purposes, that the March of Dimes Campaign had raised a total of $3,532.00 through the various functions that were held in the County, such as the Jail and Bail Project, the Blue Jeans Project, and the Olive Garden Celebrity Waiters Project. He noted that the Walk-a-Thon is the project that usually raises the most amount of money and it has yet to be held. He thanked those people who participated in the projects for their participation.
MINUTES
Regarding the Minutes of February 6, 1996, the following was requested:
On Page 12, Lines 29-33, Commr. Hanson requested clarification regarding the issue of aggregation in the Urban Node in the Wekiva Basin.
On Page 33, Line 30, change precedent to present.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of February 6, 1996 (Regular Meeting), as corrected.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of February 20, 1996 (Regular Meeting), as presented.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
COUNTY FINANCE/CLERK/REPORTS
Mr. John Vodenicker, Partner, Ernst & Young, appeared before the Board and presented the County's 1995 Comprehensive Annual Financial Report (CAFR). He stated that the audit went extremely well, probably the best audit that he had ever participated in, with respect to Lake County. He stated that the County had had good audits, from year to year, however, felt that this audit was exceptional, at which time he noted that the County had received the Distinguished Budget Award from the Government Finance Officer's Association.
Mr. Vodenicker read into the record Ernst & Young's opinion of the County's financial statements, then reviewed, in detail, a handout (Financial Overview for the year ended September 30, 1995) that had been distributed to the Board, for their perusal. He stated that the County ended this year with a net income of $6,066,000.00 versus a net loss last year of $7,242,000.00. He reviewed several charts which compared Lake County's finances with those of Seminole, Marion, and Polk counties, noting where Lake County stood in said comparisons, at which time he answered questions from the Board regarding same. He stated that the County had a good financial operating year.
Mr. James C. Watkins, Clerk, recognized those employees from the Clerk's Office who put the report together, being Ms. Donna Collins, Mr. Simon Guzman, Ms. Louise Kicklighter, Ms. Karen Huffman, Ms. Vicki Tubbs, and Ms. Linda Lorentz (not present).
Commr. Cadwell commended the County Finance Office staff and Ms. Sue Whittle, County Manager, for a job well done.
PUBLIC HEARING
ORDINANCES/PLANNING AND DEVELOPMENT/ZONING
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance Amending the Lake County Land Development Regulations on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE; PROVIDING FOR AMENDMENT TO CHAPTER III, ZONING DISTRICT REGULATIONS, SECTIONS 3.00.00 THROUGH AND INCLUDING 3.10.00, TO RENAME THE "R-8" ZONING DISTRICT TO THE "R-7" ZONING DISTRICT; PROVIDING FOR THE DELETION OF SUBSECTION 3.01.04(7) (B) (2) WHICH REQUIRES THE MINIMUM HORIZONTAL DIMENSION OF THE MAIN BODY OF A MOBILE HOME IN THE ZONING DISTRICT TO BE NOT LESS THAN TWENTY (20) FEET; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Ms. Sharon Farrell, Interim Director, Development Regulation Services, appeared before the Board stating that this Ordinance was two-fold, the first being that it was renaming the R-8 zoning district to R-7, to more closely reflect the future land use densities, and the second being that it was to eliminate the requirements for a property owner to have to place a double wide mobile home on his/her parcel. She stated that there has been much discussion, over the past two years, with the Board of Adjustment, the Planning and Zoning Commission, and the Board of County Commissioners, as to the merits of that requirement. She distributed hunnicutt maps, indicating the number of R-8 zoning district parcels the County has, for the Board's perusal.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Mr. Minkoff, County Attorney, informed the Board that this was the first of two public hearings to be held, regarding this ordinance, noting that the second hearing was scheduled for April 2, 1996, at 5:05 p.m.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Ordinance amending the Land Development Regulations, to rename the R-8 zoning district to R-7, as read on its first reading, by title only, with the second reading and adoption of the ordinance to be held April 2, 1996.
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 requests:
Bonds - Contractor
Request to approve Contractor Bonds, New, as follows:
165-96 Harvey L. Spears d/b/a Harvey L. Spears Construction, Inc. (General)
4701-96 Floyd J. Bradshaw (Electrical)
5443-96 Michael L. Hayes (Electrical)
5444-96 Alstar Roofing, Inc.
5445-96 Robert F. Peck, Individual
(Building and Plumbing)
5446-96 Stanley A. Boyett (Electrical)
5447-96 Walter D. McQuaig, Jr. (Concrete Specialty)
5448-96 Roberts Roofing & Consulting of Florida, Inc.
Clerk/County Finance/Reports
Request to acknowledge receipt of 1995 Comprehensive Annual Financial Report (CAFR).
Committees/Meetings
Request to acknowledge receipt of Notice of North Lake County Hospital District's annual meeting, held January 7, 1997.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending February 29, 1996, in the amount of $136,652.13. Same period last year: $123,901.47.
Reports/State Agencies
Request to acknowledge receipt of reports from Southwest Florida Water Management District, as follows:
Comprehensive Annual Financial Report for the fiscal year ended September 30, 1995
Supplementary Grant Financial Statements Pursuant to OMB Circular A-128 for the year ended September 30, 1995
Management Letter Pursuant to the Rules of the Auditor General for the State of Florida
Annual Local Government Financial Report - Fiscal Year 1994-95
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.
Municipalities/Ordinances
Request to acknowledge receipt of copy of Ordinance No. 96-01, from the City of Eustis, adopted by the Eustis City Commission on February 15, 1996, with an effective date of February 15, 1996, annexing into the corporate limits of the City of Eustis, 30 acres of vacant land, located on the southeast corner of South Grove Street and South Avenue, subject to the Land Use Map designation of "Urban", pursuant to Statute 171.062, with a proposed land use designation of "SR-Suburban Residential", to be assigned, following review by the State of Florida Department of Community Affairs.
Municipalities/Ordinances
Request to acknowledge receipt of copy of Ordinance No. 96-05, from the City of Leesburg, adopted by the Leesburg City Commission on February 26, 1996, with an effective date of February 26, 1996, annexing certain property owned by B. Murray Tucker, Jr. and Charles B. Tucker, said property being generally located east of County Road 468, west of Montclair Road, and north of Main Street, lying in Section 21, Township 19 South, Range 24 East, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg.
Municipalities/Ordinances
Request to acknowledge receipt of copy of Ordinance
Nos. 290-M, 292-M, 294-M, 296-M, 298-M, and 299-M, from the City of Clermont, adopted by the Clermont City Council on February 13, 1996, with an effective date of February 13, 1996, providing for the annexation of certain parcels of land contiguous to the present city boundaries of the City of Clermont.
Municipalities/Ordinances
Request to acknowledge receipt of copy of Ordinance No. 96-01, from the City of Fruitland Park, adopted by the Fruitland Park City Commission on February 22, 1996, with an effective date of February 22, 1996, providing for the annexation of property generally located on the east side of Crystal Lake, Fruitland Park, and generally known as the west property, providing for R-1 (Single Family Low Density Residential) zoning and providing for a residential Comprehensive Plan land use designation for the property.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Cadwell recognized those individuals who were present in the audience from Austin-Giles Post 21 of the American Legion, with regard to a request from Public Services for approval and execution of a lease agreement with same, relating to the Umatilla American Legion Hall.
Commr. Swartz requested that Tab 18, a request from Public Services for approval to appoint members to a Citizens Review Committee for the East Lake County Traffic Study and Eustis By-Pass Corridor Study, be pulled and discussed separately.
Commr. Hanson questioned the status of the Murphy Act State Road Reservation releases and was informed that the County Attorney's Office had prepared an ordinance regarding same and that the County Attorney would be reviewing it, for advertising, in the near future.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Community Services/Contracts, Leases and Agreements
Request from Community Services for approval and execution of 60 month Lease Agreement for 20 HMU4 electronic monitoring units and approval for Digital Products Corporation to provide centralized monitoring service for HMU4 units in use. Fiscal Impact: $25,211.00
Community Services/Resolutions
Request from Community Services for approval and execution of Proclamation declaring the month of March, 1996, as Professional Social Workers Month.
Community Services/Public Health
Request from Community Services for additional funding, from Contingency, for Medical Examiner's operating budget, for purpose of providing medical bio-hazard waste disposal at morgue, for remainder of Fiscal Year 1995-96, beginning at mid-year. Fiscal Impact: $1,800.00
Community Services/Resolutions/Public Health
Request from Community Services for approval of Resolution amending fees to be charged by Lake County Public Health Unit, which replaces and updates Resolution 1996-26.
Contracts, Leases and Agreements
Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval and execution of Change Order to Simpson & Associates, Inc.'s contract for asbestos abatement work in round Administration Building. Fiscal Impact: $3,706.50
Contracts, Leases and Agreements/State Agencies
Fire and Emergency Services
Request from Fire and Emergency Services for approval and execution of Agreement between Lake County and State of Florida Department of Community Affairs for State and Local Assistance for Fiscal Year 1995-96. Fiscal Impact: $6,800.25
County Employees/Human Resources
Request from Human Resources for approval of one-time waiver of County Rules and Regulations, Section XI, 11-05, C., allowing employee Jerry Weed to receive donations of leave time from
co-workers, prior to completing initial six month probationary period.
County Employees/Facilities and Capital Improvements
Human Resources
Request from Human Resources for approval of reclassification of one Maintenance Worker I, in Solid Waste Management, and deletion of one Maintenance Specialist II, in Facilities and Capital Improvements. Fiscal Impact: ($10,836) net annual salary impact only.
Information Services/Resolutions/E9-1-1
Request from Information Services for approval and execution of Resolution to continue to collect fifty cent fee for E9-1-1 services for Fiscal Year 1996-97.
Contracts, Leases and Agreements/Building Department
Planning and Development/Subdivisions
Request from Planning and Development for approval and execution of Agreement between Lake County and Leisure Communities, Ltd., relating to issuance of additional six building permits, prior to acceptance and recordation of final plat - development consists of 117 units in Section 19, Township 19 South, Range 24 East - Commissioner District 1.
Contracts, Leases and Agreements/Planning and Development
Zoning
Request from Planning and Development for acceptance and execution of Agreement between Lake County and Larry and Nancy Miller, for Temporary Non-Conforming Zoning Use, to place travel trailer on property located on SR 19, while conventional home is being built - Commissioner District 3.
Contracts, Leases and Agreements/Planning and Development
Zoning
Request from Planning and Development for acceptance and execution of Agreement between Lake County and John and Lori Jones, for Temporary Non-Conforming Zoning Use, to place travel trailer on property located on Coconut Avenue, Lot 14, Block 4, Royal Trails, Unit 1, while conventional home is being built - Commissioner District 4.
Deeds/Rights-of-Way, Roads and Easements
Planning and Development
Request from Planning and Development for acceptance of public Non-Exclusive Easement Deed from Franklin and Shirley Fender.
Accounts Allowed/Contracts, Leases and Agreements
Public Services
Request from Public Services for approval and execution of Agreement between Lake County and Dyer, Riddle, Mills & Precourt, Inc., for consultant services, for SR 19 Stormwater Management Feasibility Study, Project No. 12-95, RPS-2-5-09; and authorization to encumber and expend funds, in amount not-to-exceed $196,308.95, from Road Impact Fee Fund, Benefit District 2 - Commissioner Districts 3 and 4, subject to review and approval by County Attorney.
Contracts, Leases and Agreements/Public Services
Request from Public Services for approval and execution of Lease Agreement with Austin-Giles Post 21, American Legion, relating to Umatilla American Legion Hall. Fiscal Impact: $3,900.00
Public Services/Subdivisions
Request from Public Services for acceptance of Final Plat for Toby's Ridge Subdivision - subdivision consists of 7 lots off Douglas Road (2-1805), Section 9, Township 22 South, Range 26 East - Commissioner District 2.
Public Services/Subdivisions
Request from Public Services for acceptance of Final Plat for Pennbrooke Fairways Phase 1-H Subdivision, Section 19, Township 19 South, Range 24 East - Commissioner District 1.
Deeds/Public Services/Roads-County and State
Request from Public Services for acceptance of following deeds:
Statutory Warranty Deeds
Family Bible Church, Inc.
Merry Road (3-4455)
Family Bible Church, Inc.
Merry Road (3-4455)
Brownlee M. Bowen, Trustee
East Lake Seneca (4-6084)
Lake Seneca (4-5983)
Alan Mielke
Lake Seneca (4-5983)
Quit Claim Deeds
Alexander R. Carusone, Sr. and Lorraine A. Carusone
Return property granted in Non-Exclusive Easement, recorded in ORB No. 1236, Page 2479
Leslie S. Jenkins and Eleanor A. Jenkins
Return property granted in Non-Exclusive Easement, recorded in ORB No. 1236, Page 2478
Deeds/Roads-County and State/Public Services
Request from Public Services for approval of following recommendations on release of Murphy Act State Road Reservations:
Deed No.: 1226
Applicant: Rodney L. Reynolds and Billie Kay M. Reynolds
Location: Parcels in SE 1/4 of Section 8, Township 18 South, Range 27 East
Recommend: Reserve 33 feet from each side of centerline of Saltsdale Road (5-7776) - 66 feet total width.
Deeds/Roads-County and State/Public Services
Request from Public Services for approval of following recommendations on release of Murphy Act State Road Reservations:
Deed No.: 2506
Applicant: Darrell A. Trippe and Theresa A. Trippe
Location: Lots 4 and 5, Block 149, First Addition to Astor
Recommend: Reserve 33 feet from centerline of West Loyd Street (not county maintained), along northerly boundary of subject property.
Deeds/Roads-County and State/Public Services
Request from Public Services for approval of following recommendations on release of Murphy Act State Road Reservations:
Deed No.: 2525
Applicant: Gerald P. Scheidel and Alice D. Scheidel
Location: Lots in Watson's Subdivision, City of Tavares
Recommend: Reserve 35 feet from centerline of New Hampshire Avenue (reserve platted right-of-way)
Deeds/Roads-County and State/Public Services
Request from Public Services for approval of following recommendation on release of Murphy Act State Road Reservations:
Deed Nos.: 2259, 2260, 2011
Applicant: Donald J. Welke and Mariann Welke
Location: Hannum Heights, Topside Subdivision, Eustis
Recommend: Reserve 33 feet from centerline of Cliff Avenue and 30 feet from centerline of Fahnstock Street, per letter from Michael G. Stearman, City Manager, Eustis
Accounts Allowed/Bids/Public Services/Roads-County and State
Request from Public Services for approval to advertise for bids for Countywide Sidewalk Project No. 3-96, at estimated cost of $90,000.00, from Transportation Trust Fund - Commissioner Districts 1, 3, 4 and 5.
Accounts Allowed/Bids/Public Services/Roads-County and State
Request from Public Services for approval to advertise for bids for Pitt Street (2-1350), East Jacks Lake Road Improvement Project No. 5-96, at estimated cost of $700,000.00, from Road Impact Fee Benefit District 5 Fund - Commissioner District 2.
Accounts Allowed/Bids/Public Services/Roads-County and State
Request from Public Services for approval to advertise for bids for CR 48 (3-3123A) Palm Drive Intersection Improvement Project No. 7-96, at estimated cost of $60,000.00, from Road Impact Fee Benefit District 4 Fund - Commissioner District 3.
Accounts Allowed/Bids/Public Services/Roads-County and State
Request from Public Services for approval to advertise for bids for CR 44 (5-6335) Emeralda Avenue Intersection Improvement Project No. 8-96, at estimated cost of $55,000.00, from Road Impact Fee Benefit District 3 Fund - Commissioner District 5.
Assessments/Roads-County and State/Solid Waste
Request from Solid Waste for approval and execution of Satisfaction of Assessment Liens (34), as follows:
Assessment No. Name Date Paid
661152 Homer & Hazel Geoghagan 01/30/96
661454 Carven D. Angel 02/05/96
663029 Richard Spears/Linda Edwards 02/22/96
677003 Dawn Case 02/29/96
682009 Thomas B. Adair 02/05/96
682012 Larry R. Adams 02/12/96
682014 Joseph & Florence Dicken 02/06/96
682015 Joseph & Belinda Jacobs 01/31/96
682017 David & Susan Narrow 02/12/96
682026 Thomas & Willa LaMotte 02/09/96
682028 Robert Hulcher 02/22/96
682029 Angela Maria Gabos 02/23/96
682030 Robert & Leona Downs 02/02/96
682031 Gary & Elizabeth Fausnaugh 02/06/96
683003 Philip J. Keck, Jr. 02/14/96
683005 Jerry & Mary Soulliere 02/08/96
683007 Richard McGlasson 02/07/96
683008 Virga Lee McGlasson 02/05/96
683009 Jessee & Lillian Chandler 02/13/96
683012 James Bridges & Jayme Bonar 01/30/96
683016 James P. Stutzman 02/07/96
683017 James & Mary Huey 02/14/96
683018 Robert & Betty Slayback 02/13/96
683019 Ada Crabtree/Howard Crabtree Estate 02/15/96
683021 Angela Pergande 02/20/96
683022 Arthur Drozek 02/08/96
683023 Charles & Irene Patrick 01/30/96
683024 Everett & Daisy Flint 02/08/96
683025 Donald & Carole Boyle 01/31/96
683027 Lila Rita Lubrecht 02/16/96
683029 Pauline Beford 02/12/96
683030 R. M. & Fannie Bontrager 02/14/96
683034 Christopher & Crystal Speirs 02/08/96
772025 William M. Ingwerson 02/05/96
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)
Contracts, Leases and Agreements/County Manager
Request from County Manager for approval and execution of Interlocal Agreement between Lake County, Orange County, Seminole County, and Sumter County for Central Florida Training Consortium, subject to review and approval by County Attorney.
Community Services/Resolutions
Request from Community Services for approval and execution of Proclamation proclaiming March 25-29, 1996 as Juvenile Justice Week in Lake County.
Community Services/Resolutions
Request from Community Services for approval and execution of Proclamation proclaiming April 3, 1996 as Children's Day in Lake County.
Contracts, Leases and Agreements/Grants/Economic Development
Request from Economic Development for approval and execution of Job Growth Incentive Grant Agreement between Lake County and Beverage Body and Trailer Service, Inc.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
PLANNING AND DEVELOPMENT
Mr. Jack Bragg, Building Official, Building Department, appeared before the Board and explained this request, stating that it was a request for approval to move the South Lake Annex, in Clermont, to a location next door to the present office, due to the need for additional space.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Planning and Development for approval and authorization for the Chairman to execute a Relocation/Lease Agreement between Lake County and Sunnyside Plaza, in Clermont, at a cost of $1,600.00 per month.
Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that staff was looking at the needs of the County's operations in south Lake County and would be bringing a proposal before the Board, in the near future, regarding same.
COMMITTEES/PUBLIC SERVICES/ROADS-COUNTY AND STATE
Mr. Jim Stivender, Jr., Director, Public Services, appeared before the Board and explained this request, stating that staff had compiled a list of recommended positions and individuals to fill those positions, for the Citizens Review Committee for the East Lake County Traffic Study and Eustis By-Pass Corridor Study - Public Involvement Plan, which he reviewed with the Board.
Discussion occurred regarding the Committee, at which time Commr. Swartz suggested adding Mr. Gene Webb's name to the list, noting that, since his background was in engineering, he felt he would be a good member.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request to appoint the following individuals to the Citizens Review Committee for the East Lake County Traffic Study and Eustis By-Pass Corridor Study - Public Involvement Plan:
Technical
Ms. Patricia Mayhill, City of Eustis
Mr. David Hanna, City of Umatilla
Mr. Bob Beaugrand, City of Mount Dora
Mr. Donald A. Griffey, P.E., Engineering Director, Lake County
Small Business
Ms. Barbara Howell, Quality by Design, City of Eustis
Mr. Matt Newby, North Lake Outpost, City of Umatilla
Mr. Atul Patel, Econo-Lodge, City of Mount Dora
Capt. Barry McKie, Fiddlers Green Ranch, Lake County
Large Business
Mr. Jerry Brown, Florida Foods, City of Eustis
Mr. Greg Nelson, United Southern Bank, City of Umatilla
Mr. Robert Simpson, Sandy Ridge Crossing, City of Mount Dora
Mr. Martin Stephens, Senior Vice President, Golden Gem Growers, Lake County
Homeowner
Mr. Samuel Gaskin, City of Eustis
Mr. Richard Large, City of Umatilla
Mr. Earl Stiffler, City of Mount Dora
Mr. Skip Babb, Public Defender, Lake County
Mr. Gene Webb, Lake County
School Board (Technical)
Mr. Tom Winn, Transportation Director, Lake County
Florida Department of Transportation
Mr. John Kuhl, Design Traffic Coordinator, Lake County
Trucking Industry
Mr. Carroll Fulmer, Carroll Fulmer Trucking, Lake County
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Ms. Karen Jones, Deputy Chief, Fire and Emergency Services, appeared before the Board and answered questions regarding this request.
It was noted that, on January 17, 1996, the Board expanded the membership of the Lake County Fire Rescue Advisory Board from nine (9) to eleven (11) members, thereby creating two (2) at-large positions.
Discussion occurred regarding appointments to the two (2) at-large positions, at which time Commr. Hanson questioned why District 4 was not represented and was informed that no one from that district applied for the positions. She stated that she would like staff to make sure that there was no interest from the Astor area, because that was the driving force in adding the additional positions to said Board, to make sure that Astor and some of the more rural areas of the County had representation.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board appointed Mr. Robert Duty to one of two vacant At-Large positions on the Fire Rescue Advisory Board.
REPORTS
COUNTY ATTORNEY
BUILDING DEPARTMENT/CONTRACTS, LEASES AND AGREEMENTS
CODE ENFORCEMENT
Mr. Sandy Minkoff, County Attorney, explained these requests.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of an Agreement between Lake County and Blair & Reed, relating to outside legal services for the Code Enforcement Board; and approval and execution of an Agreement between Lake County and Gary J. Cooney, P.A., relating to outside legal services for the Board of Building Examiners.
REPORTS
COUNTY ATTORNEY
COMMISSIONERS/ZONING
Mr. Sandy Minkoff, County Attorney, explained this request, stating that he felt it would be appropriate for the County to only swear in witnesses upon request, which would give due process, but that the Board not do it as a matter of course. He stated that the question would not have to be asked each time, noting that it would be in the Procedures, so, if someone did not request it, it would not be done.
Discussion occurred regarding the matter.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to swear in witnesses at public hearings only at the request of those parties being represented and not do so as a matter of course and that said provision be added to the quasi-judicial rules regarding same, which puts said rules into the Code.
REPORTS
COUNTY MANAGER
COURTHOUSE/COUNTY BUILDINGS AND GROUNDS
Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that tours would be given of the Historic Courthouse on Saturday, March 23, 1996, from 9:00 a.m. until
2:00 p.m.
REPORTS
COMMISSIONERS' BUSINESS
ASSESSMENTS/FIRE AND EMERGENCY SERVICES
Commr. Gerber brought up for discussion the issue of inequity in fire assessments and noted that she felt it was something that needed to be looked into.
A brief discussion occurred regarding the matter, however, no action was taken at this time.
REPORTS
COMMISSIONERS' BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Good recommended that Mr. Steve Kesterson, Sr. be appointed to the Lake County Charter Development Committee, noting that he had a variety of experience, which he felt would lend expertise to the Committee.
Commr. Hanson stated that she could not support the nomination.
On a motion by Commr. Good, seconded by Commr. Swartz and carried, by a 4-1 vote, the Board appointed Mr. Steve Kesterson, Sr. to the Lake County Charter Development Committee, representing the At-Large position for District 2.
Commr. Hanson voted "No".
REPORTS
COMMISSIONERS' BUSINESS
RESOLUTIONS
Commr. Swartz informed the Board, for informational purposes, that the 27 Germans who were touring the County from Hanover, Germany, were enjoying their tour and that they appreciated the Resolution from the Board welcoming them to the County, as part of a cultural exchange.
REPORTS
COMMISSIONERS' BUSINESS
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a Proclamation proclaiming April 1-30, 1996 as Keep America Beautiful Month in Lake County; and a Proclamation proclaiming April 1-30, 1996 as Environmental Awareness Month in Lake County.
REPORTS
COMMISSIONERS' BUSINESS
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution honoring Mr. Rick Tesch for his personal and untiring efforts to the Economic Development Commission of Mid-Florida, Inc., the Industrial Development Authority of Lake County, and to Lake County, in achieving our goal of an elevated economic development atmosphere.
REPORTS
COMMISSIONERS' BUSINESS
COMMISSIONERS
Commr. Cadwell thanked those members of the Board and staff who participated in the March of Dimes Campaign for their participation in same.
REPORTS
COMMISSIONERS' BUSINESS
COMMISSIONERS
Commr. Cadwell informed the Board, for informational purposes, that he had received a FAX from Ms. Caroline Carter, in Leesburg, requesting the Board's acknowledgement of and/or participation in a 725 mile six week "Walk for the Earth: A Journey for Future Generations" through the State of Florida, from the Everglades to Tallahassee, beginning February 24, 1996 and ending April 13, 1996.
It was noted that Commr. Good would participate in the walk, on behalf of the Board.
RECESS AND REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would recess for lunch, with the students participating in the Student Government Day in Lake County Program, to be held in the Board of County Commissioner's Conference Room, and would reconvene at
2:00 p.m. for the Public Hearing regarding Impact Fees.
PUBLIC HEARING
IMPACT FEES
ORDINANCES/PLANNING AND DEVELOPMENT/ZONING
Mr. Sandy Minkoff, County Attorney, informed the Board that they had before them seven (7) proposed ordinances, for action, however, noted that he had sent them a memorandum March 5, 1996, stating that he saw some problems with the Law Enforcement and Library Ordinances, in meeting the dual rational nexus test, which he noted is the legal test that is required for the imposition of impact fees, principally because of interaction with the cities and the countywide, or non-countywide, nature of those fees. He stated that he had written them regarding the Emergency Medical Services (EMS) Ordinance, as well, indicating that adoption of same would require amendments to the current ambulance contract that the County has with Florida Regional Emergency Medical Services. He recommended that said ordinances not be adopted at this time.
The Chairman opened the public hearing regarding the Emergency Medical Services, Law Enforcement, and Library Ordinances.
There being no one present who wished to address the Board, regarding said Ordinances, the Chairman closed the public hearing.
Commr. Swartz suggested that staff work with the Sheriff and the cities, with regard to the Law Enforcement Ordinance; with the County's Library System, with regard to the Library Ordinance; and with the cities and the County's ambulance carrier, with regard to the Emergency Medical Services Ordinance, to determine if there is a way to modify the fees and bring them into compliance with what the law requires, regarding same, and, if so, to bring them back to the Board, at a later date.
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance Establishing Emergency Medical Services Impact Fees on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING EMERGENCY MEDICAL SERVICES IMPACT FEES; PROVIDING FOR IMPOSITION OF IMPACT FEES ON LAND DEVELOPED IN LAKE COUNTY FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES CAPITAL FACILITIES NECESSITATED BY NEW DEVELOPMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AUTHORITY TO ENACT THE ORDINANCE; PROVIDING FOR APPLICABILITY WITHIN UNINCORPORATED LAKE COUNTY AND ALL MUNICIPALITIES WITH LAKE COUNTY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR PAYMENT OF EMERGENCY MEDICAL SERVICES IMPACT FEES; PROVIDING FOR THE COMPUTATION OF EMERGENCY MEDICAL SERVICES IMPACT FEES AND PROVIDING A FEE SCHEDULE; ALLOWING FOR A DEVELOPER FEE STUDY; PROVIDING FOR ESTABLISHMENT OF EMERGENCY MEDICAL SERVICES IMPACT FEE DISTRICTS; PROVIDING FOR ESTABLISHMENT OF AN EMERGENCY MEDICAL SERVICES IMPACT FEE TRUST FUND; PROVIDING FOR USE OF TRUST FUND MONIES; PROVIDING FOR REFUND OR UNEXPENDED FEES PAID; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CREDITS; PROVIDING FOR A PENALTY AND LIEN; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board declined implementation of the Emergency Medical Services Impact Fee Ordinance, at this time.
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance Establishing Library Impact Fees on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING LIBRARY IMPACT FEES; PROVIDING FOR IMPOSITION OF IMPACT FEES ON LAND DEVELOPED IN LAKE COUNTY FOR THE PROVISION OF LIBRARY CAPITAL FACILITIES NECESSITATED BY NEW DEVELOPMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AUTHORITY TO ENACT THE ORDINANCE; PROVIDING FOR APPLICABILITY WITHIN UNINCORPORATED LAKE COUNTY AND SPECIFIED MUNICIPALITIES WITHIN LAKE COUNTY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR PAYMENT OF LIBRARY IMPACT FEES; PROVIDING A LIBRARY IMPACT FEE SCHEDULE; PROVIDING FOR A DEVELOPER FEE STUDY; PROVIDING FOR ESTABLISHMENT OF LIBRARY IMPACT FEE DISTRICTS; PROVIDING FOR ESTABLISHMENT OF LIBRARY IMPACT FEE TRUST FUNDS; PROVIDING FOR USE OF TRUST FUND MONIES; PROVIDING FOR REFUND OF UNEXPENDED FEES PAID; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CREDITS; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board declined implementation of the Library Impact Fee Ordinance, at this time.
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance Establishing Law Enforcement Services Impact Fees on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING LAW ENFORCEMENT SERVICES IMPACT FEES; PROVIDING FOR IMPOSITION OF IMPACT FEES ON LAND DEVELOPED IN LAKE COUNTY FOR THE PROVISION OF LAW ENFORCEMENT SERVICES CAPITAL FACILITIES NECESSITATED BY NEW DEVELOPMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AUTHORITY TO ENACT THE ORDINANCE; PROVIDING FOR APPLICABILITY WITHIN UNINCORPORATED LAKE COUNTY AND ALL MUNICIPALITIES WITH LAKE COUNTY WHICH HAVE ENTERED INTO AN INTERLOCAL AGREEMENT WITH THE SHERIFF FOR PRIMARY LAW ENFORCEMENT SERVICES; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR PAYMENT OF LAW ENFORCEMENT SERVICES IMPACT FEES; PROVIDING A LAW ENFORCEMENT SERVICES IMPACT FEE SCHEDULE; PROVIDING FOR A DEVELOPER FEE STUDY; PROVIDING FOR ESTABLISHMENT OF LAW ENFORCEMENT SERVICES IMPACT FEE DISTRICTS; PROVIDING FOR ESTABLISHMENT OF LAW ENFORCEMENT SERVICES IMPACT FEE TRUST FUNDS; PROVIDING FOR USE OF TRUST FUND MONIES; PROVIDING FOR REFUND OF UNEXPENDED FEES PAID; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CREDITS; PROVIDING FOR A PENALTY; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board declined the Law Enforcement Impact Fee Ordinance, at this time.
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance Creating Section 15.00.00 of the Land Development Regulations; the proposed Ordinance Amending School Impact Fees; the proposed Ordinance Amending Road Impact Fees; and the proposed Ordinance Establishing Fire Services Impact Fees on the floor, for their first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 15.00.01 WHICH PROVIDES FOR DEFINITIONS TO BE USED IN CONNECTION WITH CHAPTER XV, RELATING TO IMPACT FEES; CREATING SECTION 15.00.02 WHICH PROVIDES RULES OF CONSTRUCTION TO BE USED IN CONNECTION WITH CHAPTER XV RELATING TO IMPACT FEES; CREATING SECTION 15.00.03 WHICH PROVIDES FOR WAIVERS FOR VERY LOW, LOW AND MODERATE INCOME HOUSING FROM CHAPTER XV RELATING TO IMPACT FEES; CREATING SECTION 15.00.04 WHICH PROVIDES WAIVERS FOR INDUSTRIAL USES FROM CHAPTER XV RELATING TO IMPACT FEES; CREATING SECTION 15.00.05 WHICH ALLOWS FOR PREPAYMENT OF IMPACT FEES; CREATING SECTION 15.00.06 WHICH ESTABLISHES THE LAKE COUNTY IMPACT FEE EVALUATION AND REVIEW COMMITTEE, DUTIES AND RESPONSIBILITIES; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SCHOOL IMPACT FEES; PROVIDING FOR AMENDMENT TO LEGISLATIVE FINDINGS; DELETING RULES OF CONSTRUCTION; DELETING DEFINITIONS; PROVIDING FOR AMENDMENT TO DEDICATION OF LAND OR PAYMENT OF SCHOOL IMPACT FEES; PROVIDING FOR AMENDMENT OF DEDICATION OF LAND; PROVIDING FOR AMENDMENT TO THE FEE SCHEDULE; PROVIDING FOR FEES FOR ADULT ONLY DEVELOPMENT; AMENDING PROCEDURES FOR UNSPECIFIED USES, CHANGE OF USE OR DENSITY AND DEVELOPER FEE STUDIES; DELETING WAIVERS FOR VERY LOW, LOW AND MODERATE INCOME HOUSING; PROVIDING FOR DELETION OF DEDICATION OF LAND OR PAYMENT OF FEE PRIOR TO BUILDING PERMIT; ATTACHING A MAP WITH DESCRIPTIONS OF SCHOOL IMPACT FEE DISTRICTS; PROVIDING FOR AMENDMENT OF SCHOOL IMPACT FEE TRUST FUNDS; PROVIDING FOR AMENDMENT TO THE USE OF TRUST FUND MONIES; PROVIDING FOR AMENDMENT TO REFUND OF FEES PAID; PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING FOR A PENALTY AND LIENS; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING ROAD IMPACT FEES; RENUMBERING ARTICLE 15.00.00 TO ARTICLE 15.00.02; DELETING DEFINITIONS; DELETING RULES OF CONSTRUCTION; AMENDING PENALTY AND LIEN SECTION TO ALLOW ENFORCEMENT BY THE LAKE COUNTY CODE ENFORCEMENT BOARD; AMENDING THE FEE SCHEDULE; AMENDING PROVISIONS RELATED TO DEVELOPER PROVIDED FEE STUDY; DELETING WAIVER FOR VERY LOW, LOW, AND MODERATE INCOME HOUSING; DELETING WAIVER FOR INDUSTRIAL USES; PROVIDING FOR AMENDMENT TO EXEMPTIONS; PROVIDING FOR AMENDMENT TO USE OF FUNDS; PROVIDING AMENDMENT TO REFUND OF FEES PAID; DELETING TRAFFIC STUDIES; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING FIRE SERVICES IMPACT FEES; PROVIDING FOR IMPOSITION OF IMPACT FEES ON LAND DEVELOPED IN LAKE COUNTY FOR THE PROVISION OF FIRE SERVICES CAPITAL FACILITIES NECESSITATED BY NEW DEVELOPMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AUTHORITY TO ENACT THE ORDINANCE; PROVIDING FOR APPLICABILITY WITHIN UNINCORPORATED LAKE COUNTY AND ALL MUNICIPALITIES WITH LAKE COUNTY WHERE LAKE COUNTY PROVIDES PRIMARY FIRE PROTECTION; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR PAYMENT OF FIRE SERVICES IMPACT FEES; PROVIDING FOR THE COMPUTATION OF FIRE SERVICES IMPACT FEES AND PROVIDING A FEE SCHEDULE; PROVIDING FOR A DEVELOPER FEE STUDY; PROVIDING FOR ESTABLISHMENT OF FIRE SERVICES IMPACT FEE DISTRICTS; PROVIDING FOR ESTABLISHMENT OF A FIRE SERVICES IMPACT FEE TRUST FUND; PROVIDING FOR USE OF TRUST FUND MONIES; PROVIDING FOR REFUND OF UNEXPENDED FEES PAID; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CREDITS; PROVIDING FOR A PENALTY AND LIEN; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
Dr. Thomas Sanders, Superintendent, Lake County Schools, appeared before the Board stating that he was speaking in his capacity as Superintendent of Schools, not on behalf of the School Board, and that he would be speaking for educational impact fees only. He discussed the need for impact fees for education, at which time he reviewed a chart indicating a rapid increase in the number of students coming into Lake County in the 1990s. He noted that there was an increase of almost 500 students in 1993-94, almost 1,000 students in 1994-95, over 1,100 students this year, and that they project an increase of over 1,200 students next year. He stated that they predict, in the next five years, the County is going to need another high school, another middle school, and three or four additional elementary schools. He stated that they feel the present fee structure, as it is designed, is one that should be considered.
Mr. Sanders stated that, in the next five years, they are projecting, according to projections given to them from the State, from all revenue sources for capital outlay purposes that there will be approximately $77.7 million available, however, in that five years the projects that have been scheduled will total to $35 million. He stated that that will leave a balance of $42.7 million. However, the needs for Lake County for the next five years will amount to approximately $184,100,000.00, a deficit of $141,400,000.00 that the School System does not have a projection for any revenue to meet. He requested the Board to consider the impact fee for education, at the 95% rate.
Mr. Tom Chapman, a member of the Lake County School Board, appeared before the Board stating that he did not want to pay more taxes, but feels that he has an obligation to the County to support impact fees for education. He stated that the tremendous growth that the County is experiencing brings with it children that the School Board is obligated to educate. He discussed the needs of the School System, noting that they are needs, not a "wish list". He stated that he does not feel every citizen in the County should have to pay for the growth, but feels that those who create it should be responsible for their part. He stated that the School Board has told the Board what their needs are and when they need it and that he feels it is now up to the Board to assist the School Board in finding a common sense solution to meeting those needs. He urged the Board to think about the County's students and what is going to be best for them, when they vote on the issue of impact fees for education.
Mr. Robert Moore, Vice-President, Lake County League of Cities, appeared before the Board stating that he was representing the League of Cities, as well as the City of Tavares. He stated that the cities believe impact fees are a necessary component of what the County has to do to provide the services that they are required to provide to the public, so he was not present to talk against impact fees, however, did want to point out some realities, with regard to the potential impact that they have on a community. He stated that the League of Cities sent the Board a letter pointing out the fact that they are concerned about the economic impact that the fees will have and encouraged the Board to phase them in.
Mr. Moore requested the Board to retain the gas tax credit as a component of the Transportation Impact Fees. He discussed the Fire Protection impact fees, with regard to the methodology used for calculating same, noting that it fails to take into consideration unrealized capacity within the County's current infrastructure, which he elaborated on. He stated that it also applies to EMS, because the methodology is the same. He thanked the Board for declining the Emergency Medical Services, Library, and Law Enforcement Ordinances, due to some issues with the cities regarding same. He stated that the cities have a significant interest in maintaining a dialogue with the County, as the issues are processed through the system and reconfigured. He stated that, with regard to the additional fees, the League would like to see more specific distribution criteria. He stated that a five year plan on any and all fees helps the cities and the public to understand them. He stated that, if the County is going to levy a new fee on the public, it is nice to know how that fee is going to be used.
Mr. Mark Schneider, representing the Lake County Conservation Council, appeared before the Board stating that he felt the County should phase out the "phantom" gas tax and that three years would be the proper phasing period to do so. He stated that he felt the provision that will allow interest on impact fee collections to be used for business incentives is practical and a responsible way to encourage business in the County, noting that across the board subsidies to every business would make the taxpayers a partner in every venture, whether it is to their benefit or not, and that review by the elected officials to determine the cost ratio of a business venture is a much more pragmatic method of deciding if a venture should receive a subsidy. He stated that the taxpayers will see that this saved them from large tax increases and had no ill effect on business.
Ms. Jean Kaminski, Executive Director, Home Builders Association of Lake County, appeared before the Board stating that the figures before them were based on accepted methodology and did not come to the Board as a recommendation, by any means. She stated that the Home Builders Association does not believe that there is any justification for an increase in the fees, however, knowing that the Board will make a decision regarding the matter, they recommend that the Board go with Alternative B and further recommend that the Board review it annually - that it not be an automatic escalation. She stated that, whatever the Board calls it, it is a tax, and the Board should face the people that they are taxing every year when it goes up, if it goes up, and to verify that, in fact, it is a need, before it goes up.
Ms. Kaminski requested the Board to delete the annual adjustment factor, even though Public Services suggested that it not be deleted. She stated that the Home Builders Association supports broad based funding for schools, because they believe education is important, but, feel that impact fees are not the answer, noting that the proposed fees amount to a 129% increase. She suggested that, if the Board decided to increase the Education impact fees, that they use the same percentages found in Alternative B, for the Transportation impact fees. She requested the Board to give adequate lead time with whatever they did, noting that there are many things in the pipeline that have to be accounted for. She stated that she felt the logical time for a change would be October 1, 1996, which is the beginning of the County's fiscal year; however, if that is not acceptable, she requested that, at a minimum, no change be made before July 1, 1996.
Mr. David Mann, President, SunTrust Bank of Lake County, appeared before the Board stating that he was present representing Mr. Carl Lunderstadt, the Chairman of the Lake County Industrial Development Authority (IDA), of which he is a member. He read a letter regarding the IDA's position on the changes in the impact fees into the record, noting that the Board of Directors of the Lake County Industrial Development Authority, being a unanimous voice, oppose the imposition of new or increased impact fees being levied against the citizens of Lake County.
Mr. Tim Sullivan, Chairman of the Leesburg Area Chamber of Commerce's Impact Fee Committee, appeared before the Board stating that, after studying the issues, both positive and negative, listening to a number of proposals, and working to mitigate the impact the Committee feels the new fees will have on economic diversity, it recommends, with the exception of Education impact fees, that the Board implement the current fees, plus 20% of the difference between the current fees and the proposed fees, over a period of five (5) years.
Mr. Sullivan reviewed various slides showing a comparison between the County's proposed impact fees and the Committee's recommended fees. He stated that, looking at the charts, one can tell what an impact the fees will have on medical offices and day care centers, which may become even more of an issue, as the County moves into the age of welfare reform and the area of light/industrial. He stated that the Committee's proposal of 20%, over a five year period, should also be linked to a specific evaluation program each year, to determine the effect of the new increases. He stated that the specific things to be evaluated are the number of units platted, the number of building permits pulled, and the number of one bedroom homes. He stated that the Committee would also like to have commercial/industrial evaluated on 1,000 square feet of new construction each year.
Regarding the issue of educational impact fees, the Committee feels the Board should implement them at 95% of the proposed fee, noting that economic diversity cannot be achieved without a strong public education system. He stated that, in terms of concurrency, they feel that Lake County's schools are way behind. He stated that the Committee feels their 20% proposal, with an evaluation system for all fees and 95% of the educational fees, strongly supports the Board's own economic diversity programs. He stated that the Committee supports the Board's continued efforts and hopes that it will support their proposal to mitigate and evaluate the proposed fees.
A video from Mr. John Pringle, Pringle Development, was then shown, in which he requested the Board to consider three aspects of the impact fee issue, which he discussed at length, as they debate the matter, the first being that the Board needs to take a look at the five year plan and ensure that the County has a realistic schedule to actually use the fees, as opposed to simply having a theoretical estimate as to what the impact on government might be; the second being that it is a transition and requested the Board to phase it in, so that the transition enables 30% of the population to help bear the load; and the third being that the impact fees come on the heels of a long list of changes and additional fees already imposed.
A video from Mr. Greg Beliveau, a member of the Leesburg Area Chamber of Commerce, was also shown, in which he addressed the issue of what other jurisdictions are doing, both in this vicinity and in the State, with regard to impact fees. He stated that the Chamber of Commerce contacted the Florida League of Cities and received a list of several local governments who are in the process of repealing, or reducing, their road impact fees, such as Leon, Alachua, Brevard, and Volusia counties. He stated that the City of Tallahassee is currently looking at repealing its Transportation Impact Fees and they have heard that two other counties are looking at doing the same, one being Seminole County.
Mr. Beliveau compared the method that Volusia County is using with Lake County's method and suggested that the Board look at Volusia County's method. He questioned the fact that, with Volusia County reducing their fees, Seminole County considering whether to repeal or reduce theirs, and Sumter County currently having no impact fees, where it places Lake County in the competitive edge for economic development. He stated that it would appear to put the County at a disadvantage. He stated that with Volusia County having reduced fees, Seminole County looking at reducing fees, and Sumter County having no fees, it leaves Marion, Polk, and Orange counties as the only other adjacent counties that have impact fees that Lake County needs to stay competitive with. He stated that he felt it would be prudent for the Board to look at this very closely and only go with the 20% increase that the Leesburg Area Chamber of Commerce is recommending, for transportation.
Ms. Leslie Little, Economic Development Director for the City of Leesburg and a member of the Leesburg Area Chamber of Commerce, appeared before the Board and addressed the issue of economic development needs and the diversification and balance that the City of Leesburg has been striving to create, during the past three years. She displayed and reviewed a chart pertaining to retail and service jobs, which she discussed at length. She stated that 3% of the land use in the County and in the City of Leesburg is developed in some kind of industrial form and that approximately 28% is currently developed in some kind of commercial use.
Ms. Little then discussed the amount of vacant industrial space that the surrounding counties have, compared to Lake County, which she noted has literally nothing. She stated that, with the industrial sector being so sensitive to lease rates and construction rates, this is not the time to be taking chances with the job creation environment, noting that she feels it would be the sector that would suffer the most. She stated that the County has a natural market in its residential sector and, to a great extent, has one in its commercial sector, however, it does not have one in its industrial sector, otherwise, there would be spec buildings on the ground at the present time.
Ms. Little addressed the issue of welfare reform, noting that it is coming to Lake County and that it will limit welfare benefits to two years. She stated that the national equivalent wage for the typical welfare wage earner is $8.00 per hour, which means that the County is going to have to provide approximately $8.00 per hour, after taxes, to those individuals who are currently getting some type of assistance from welfare. She stated that the welfare reform system is going to be in Florida within the next 18 months to two years and that economic development efforts are going to be examined carefully, to pick up the slack for what the welfare system has been bearing in the past, and the County needs to take that into consideration.
Mr. Tim Scobie, Executive Director of the Eustis Chamber of Commerce, appeared before the Board stating that the Eustis Chamber of Commerce represents many of the businesses in the golden triangle area. He stated that it is the primary effort of the Eustis Chamber of Commerce to enhance economic growth now and in the future, so that its youth, present and future, will have a wonderful place to live and work. He stated that it is also their desire to enhance development to the point where there are plenty of jobs available, in the community, as well as throughout the County. He stated that, at the present time, approximately 25% of the work force lives in the County, but works outside the County, because there are not enough jobs available in the County. He stated that, if the Board approves the proposed impact fees, the County will lose its opportunity to bring, or develop, businesses and jobs that are so badly needed. He stated that the Chamber of Commerce requests the Board, if there is an increase in the fees, to phase them in over a period of at least five years and to review the effects each year. He noted that the Chamber supports school impact fees. He asked the Board to remember that, if the County fails to increase its business diversity, its economy will be stymied and the residents will end up paying taxes through increased property taxes, to pay for the services that they now have.
Mr. Ron Rose, Mt. Dora Area Chamber of Commerce, appeared before the Board stating that they participated in the Leesburg Area Chamber of Commerce's Impact Fee Task Force and that they support their position. He stated that, as an advocate of educational excellence, they support some school impact fee increases, however, feel that the County must keep balance in mind. He stated that, if sharp increases in road and other proposed impact fees drive new business and industry away and send the County's youth elsewhere to find jobs, there will be no need for new schools. He stated that agriculture is no longer the driving force behind the economy of Lake County, therefore, the County needs new jobs, new business, and new industry. He urged the Board to use caution when they vote on this matter.
Mr. Nick Aramino, Tavares Area Chamber of Commerce, appeared before the Board stating that, like the other Chambers of Commerce, the Tavares Area Chamber of Commerce opposes unnecessary increases in the County's impact fees. He stated that, not only would the fees chase new businesses and jobs from the County, but they would discourage the expansion of existing businesses and possibly even force some to expand elsewhere, or consider going outside the County to relocate, rather than expand within the County. Mr. Aramino stated that there is no question that new growth must pay for itself and that some impact fees may be necessary, however, no matter what they are called, impact fees are nothing more than additional taxes.
Mr. Aramino stated that government interference and over regulation of business is already a major problem, noting that it is at the point where entrepreneurs are questioning whether it is worth their taking the risk of enduring additional fees, making it that much more difficult to get into business in Lake County. He stated that children graduating from Lake County schools will probably not live in the County near their parents, because the opportunities are not here, at the present time, and he would like to see that change. He stated that Lake County already has a lot of catching up to do with other counties and, to raise the impact fees to the levels that are being proposed, will put the County even further behind, in fact, the County may be put in a position to where it can never catch up.
Ms. Rosemary Bennett, Vice-Chairman of the Lake County Affordable Housing Advisory Committee, appeared before the Board stating that said committee is an advocate for the County's low income households. She stated that 52% of the County's residents make less than $24,000.00 per year, which, according to the Federal scale, qualifies them close to the poverty level. She stated that the Committee is concerned that the immediate housing needs of the County's human population is not taking precedence over uncertain forecasts of future infrastructure needs that may never fully materialize. She stated that the Committee recommends, if the Board increases the impact fees, that they at least allow a 90 day grace period, before the fee schedule is implemented, which she noted will keep the home buyers that are currently in the loan application process from being knocked out of financing, because of the jump in price of their homes.
Mr. Mike Cox, representing the Lake County Affordable Housing Advisory Committee, appeared before the Board and suggested that they devote the same time and effort that was exerted on the impact fee issue towards development regulation that lowers housing costs. He also suggested a deferment, noting that it would be a lien on the property and would have to be paid back, however, there would be no interest on the loan.
Ms. June Noblitt, President of the Four Corners Regional Council, which represents property owners and homeowners in the four corners area, where Lake County meets Polk, Orange, and Osceola counties, appeared before the Board stating that she was present on behalf of the children of Lake County. She stated that the schools in Lake County are so far behind other counties that she does not know if they will ever get caught up and, if the Board continues to approve large developments, the County will never catch up and it is the children that suffer. She stated that the County has to plan for the future and its children is its future.
RECESS AND REASSEMBLY
At 3:35 p.m., the Chairman announced that the Board would take a ten minute recess.
PUBLIC HEARING
IMPACT FEES
ORDINANCES/PLANNING AND DEVELOPMENT/ZONING (CONT'D.)
Mr. Ron Phillips, Supervisor, Seat 1, Lake County Soil and Water Conservation District, appeared before the Board stating that the Conservation District had some concerns about the issue of impact fees, one being that it is a governmental entity that helps and assists farmers in the agricultural community and they are concerned about the fact that the Board is dealing with a community that is in transition. He stated that the County has suffered tremendous disasters over the past 20 years and those disasters have caused a restructuring of business and industry in Lake County, as a whole. He stated that they do not want to see the County rob itself of its future, at the expense of trying to resolve a problem of the present.
Mr. Phillips stated that the future of Lake County still has a strong agricultural tie and those people are struggling to stay in business and, by staying in business, they have parceled their land off, to keep their family agricultural units going and, as the Board adds impact fees to the current price of land, what they are doing is actually laying a county mortgage upon the land, before it is ever developed. He stated that impact fees is a politician's tax. He stated that, if the Board is going to talk about the County's future, its education, where it needs to be, and its employment base, it should look at what it now has, before it starts mortgaging its future. He stated that the Soil and Water Conservation District feels the Board should look at other options, before making a decision, regarding this matter.
Doctor Ed Schlein, City Commissioner, City of Leesburg, appeared before the Board stating that they were taxing future people coming to Lake County and future industry, for today's babies. He stated that they really want to pass a head tax on newborns, but are afraid to say it. He stated that the County has not planned well for the increase in population, but he does not think it is the fault of people moving into the County, it is the fault of the County. He stated that he is in favor of a broad base tax and does not feel that the County should start imposing unrealistic fees on newcomers, to support the head tax on newborns, they should tax the producers. He stated that the County should consider what it is doing to the future of Lake County. He stated that, if the Board passes the impact fees, it is going to doom the County to more retirement communities - industry will not come to the County, even light manufacturing.
Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board and discussed the fact that impact fees have had a negative effect on other counties throughout the State, with regard to affordable housing, rental units, etc., which he elaborated on.
Mr. George Pringle, a local resident, appeared before the Board stating that he felt government, at all levels, needs to look at what it can cut and start doing it. He suggested that the Board go slow with the impact fees, because he felt that, unless they can find ways to curb growth and cut back, this is just going to be the next stage in a bunch of new revenue producing measures that the County is going to have to come up with. He stated that the County is going to have to start reversing the amount of money that it spends and what it spends it on.
Mr. Chris Floyd, City Commissioner, City of Leesburg, appeared before the Board stating that, if they implement the impact fees, it will hurt the smallest segment of the County's economic base, which is industrial development. He stated that it will also cause a lot of individuals his age (23) to move out of the County, noting that some are already doing so. He urged the Board to consider that fact, before voting on the matter.
Mr. Bob Chapman, a developer in south Lake County, appeared before the Board stating that, if the County hired the best economists in the world and asked them to design the worst way to finance improvements, infrastructure, schools, and roads, he doubted they would come up with a worst way than impact fees. He stated that developers, business people, and entrepreneurs do not pay impact fees, they are paid by residents, customers, and consumers. He stated that the County is stealing from itself and suggested that, rather than stealing from itself, it should find ways to finance its infrastructure efficiently. He stated that the worst way to do it is to tax people who are not present, or represented, noting that that is taxation without representation. He stated that impact fees is a bad idea all the way around. He stated that there are efficient ways to do it and, if the Board would take the time to look at it, they could come up with ways to do it and do it efficiently, so that the County does not shortchange itself.
Mr. Luke Smith, General Manager, Romac Lumber & Supply Company, appeared before the Board and gave three examples of how transportation impact fees alone will affect construction in Lake County. He stated that Romac Lumber is considering building a new 16,000 square foot warehouse in Leesburg and, if said impact fees are passed, they will add over $20,000.00, or 14%, to the cost of constructing the warehouse; $10,000.00, or 9.5% to the cost of constructing a 2,500 square foot office; and $23,000.00, or 21%, to the cost of constructing a 2,500 square foot day care center. He stated that he felt that was too high today and would be too high four years from now, if the fees are phased in over four years.
Mr. Jimmy Crawford, Attorney, with Steve Richey's Office, in Leesburg, appeared before the Board stating that he was present representing Pringle Development, Hewitt Contracting, Florida Hospital-Waterman, and Harbor Hills, which he noted have been great contributors to Lake County in the past and, hopefully, will be in the future. He referred to Page 11 of the School Impact Fee Ordinance, noting that it states, for a one bedroom home, the impact fee is going from $41.00 to $558.00, if the County chooses to go with a 95% increase; however, if one takes that same bedroom and attaches it with a wall to another wall, the impact fee will go from $86.00 to $63.00. He stated that he felt that was a bad policy decision.
Regarding the Transportation Impact Fee Ordinance, Mr. Crawford stated alternative studies have been done in three categories, being convenience stores, fast foods, and service stations, and, in the current ordinance, those three are the only ones that have gone down, which he noted is due to the fact that all three of those categories did their own studies and showed that their impacts were greatly over estimated. He stated that they showed they are not trip generators, they are trip capturers. He stated that he felt there were other categories that were just like that, an example being a medical office, which needs to be addressed. He stated that he felt the differences between individual categories has not yet been challenged.
Mr. Crawford stated that he supported the arguments made by Mr. Greg Beliveau, a member of the Leesburg Area Chamber of Commerce, and Ms. Leslie Little, Economic Development Coordinator for the City of Leesburg, regarding industrial development. He stated that he felt the County could greatly increase its light industrial and manufacturing base, in the future, however, enacting the impact fees at this point in time is a giant step backward.
Mr. Mark Hasty, a local resident, appeared before the Board stating that he has six children who do not impact the schools in Lake County, because his wife teaches them at home; however, his children will grow up some day and, if they want to build a house, the impact fees are going to be a mortgage on their future. He stated that he felt there were other ways to handle the situation. He questioned the fact that, if it is unconstitutional to tax people that are not currently in the County with a car impact fee, how can it be constitutional, or legal, to enact the proposed impact fees.
Mr. Don Braksick, a resident of Leesburg, appeared before the Board stating that his family is in the construction business and, if the Board approves the impact fees, it is going to kill their business. He stated that builders cannot continue to pass increases for a government that is out of control onto residents that want to build in Lake County. He stated that the answer is not on the backs of builders, it has to be somewhere in a tax that is fair for everybody. He stated that the Board should call impact fees what they are, a tax. He stated that Lake County needs to grow, however, if the Board approves the impact fees, a lot of builders are going to go to neighboring counties to build and questioned where that is going to leave Lake County ten to fifteen years from now.
Marco Vigara, a businessman in Lake County, appeared before the Board stating that, before he opened his business here in January of 1995, his friends tried to tell him that, between impact fees and the anti-growth sentiment in the County, he was stupid to do so and he feels that maybe they were right. He stated that he has been able to manage, noting that his business is growing and he has had a good year, but would have to advise anybody wanting to come to Lake County to second or third guess themselves. He stated that the County needs to stimulate growth throughout the community, not in any one segment, be it retirees, or people in the retail service industry. He stated that the County has the opportunity to make Lake County the gem of Central Florida, by making it a pro-responsible growth community - a community that encourages diversity and rewards hard work, that gives people incentives to hire more employees to live in the County. He stated that he felt the County should more evenly distribute the impact fees and have everyone pay their fair share, then everybody will have a little less of a tax burden to bear.
Mr. R. H. Herndon, a local resident, appeared before the Board stating that he felt, aesthetically, Lake County was a great county to live in, however, was concerned about the direction that the County wan moving in. He stated that he felt new and expanding firms will increase per capita income in the County and result in an expanded tax base and create more income for the County. He stated that, after economic damage has been done to the County, it will be a painful and long process to restore its health. He stated that the Board cannot jump start the economy, in hopes of recovering lost investment dollars that have gone to other counties. He requested the Board to help market Lake County, by helping to attract new businesses with higher paying jobs, not help lock out expanding businesses, which could be an asset in the future.
Mr. Lee Johnson, a resident of Tavares, appeared before the Board stating that impact fees is just another source of revenue, but one that has been sugar coated for public appeal. He stated that the Board tells the residents of Lake County not to worry, that they are making the newcomers pay the fees, yet they fail to tell the current residents what the impact will be on them. He stated that one needs only to look at Hillsborough County to see just what effect impact fees have had on them, which he elaborated on, noting that between 1990 and 1995 Hillsborough County lost over $525 million in revenue. He stated that their region now ranks last in the State and fiftieth in the Nation, in terms of small business growth. He stated that they have the second highest property taxes in the State and their water and sewer rates are 59% higher than the statewide average. He stated that their successes in attracting new business and new job creation have been minimal, in fact, new companies seeking to locate in Florida do not even consider Hillsborough County. He stated that, in 1991, they showed a net loss of 12,000 jobs, while Duval County, which has no impact fees, showed a net gain of 6,000 jobs. He stated that they lost $5.00 in ad valorem taxes, for every $1.00 raised by impact fees.
Mr. Johnson questioned why, as many other counties in Florida are either revisiting, reducing, or eliminating impact fees, Lake County is moving forward with hefty increases. He questioned whether it would not be better to learn from other's mistakes, than make our own. He stated that Lake County does not have a revenue problem, it has a spending problem and enough is enough. He stated that the Board should not pass any more taxes, or fees, until it can prove to the residents that what they have been given they are using wisely.
Ms. Cecelia Bonifay, Attorney, McGuire, Voorhis & Wells, appeared before the Board stating that she was representing a number of her private sector clients. She noted that she was not representing the School Board. She stated that she was a member of the Impact Fee Advisory Council and that said Council had looked at the Reynolds, Smith & Hills study over two years ago and a number of the members had questions regarding it. She stated that some of the same legal issues that Mr. Sandy Minkoff, County Attorney, had alluded to at the beginning of this meeting, as reasons not to enact the Emergency Medical Services, Library, and Law Enforcement impact fees still hold true for the Fire Protection impact fees, as well, in terms of the establishment of a rational nexus and the potential for dual taxation with the municipalities.
Ms. Bonifay stated that, with regard to the Transportation impact fees, she was somewhat stunned when going back and looking at the increase that said fees represent, as proposed, at 95%, over what the County has today. She stated that the Board cannot look at impact fees in isolation, noting that they must look at the cumulative effect of what the County has enacted over the last several years, in terms of a new comprehensive plan, very expanded rules and regulations, through the County's Land Development Regulations, and some of the toughest standards, in terms of criteria, that industry moving to Lake County has to meet. She reviewed increases in impact fees that are being proposed for various entities in the County and noted that they do not seem to be credible.
Ms. Bonifay stated that she did not feel the Board could adequately look at the dramatic increase that they represent and think that business is going to locate in a county with 160,000 people, when they can go to counties with a larger economic base and pay much less in impact fees. She asked the Board to either increase the impact fees by a percentage across the board, such as 20% to 30%, or do a phasing, however, felt that phasing was going to be very difficult, in terms of putting someone on notice that moves into the County. She stated that, since the County has a prepayment provision in the ordinances, urged the Board to not make them effective for at least three to six months, because she felt that a number of her clients would like to prepay the impact fees, if they still want to do business in Lake County.
Mr. Angel Mendez, a resident of Mt. Dora, appeared before the Board stating that he decided to build a new home adjacent to his present home and give his old home to his daughter, however, found that it was going to be a costly endeavor to do so. He noted various fees that he is going to have to pay to have his new home built. He stated that he knows the County needs money for schools, but feels that impact fees is not the way to do it. He stated that he felt all the fees one has to pay to build a new home in Lake County is pathetic. He stated that the whole tax system is wrong.
Mr. Jim Martin, a private investor and resident of Eustis, appeared before the Board stating that he felt the impact fee issue was a strong pivotal post for the future and vision of Lake County. He stated that he feels impact fees are fiscally counterproductive, as proven in several of Florida's counties, and noted this date. He stated that they would slow growth and create an unhealthy climate that would necessitate raising ad valorem taxes to keep abreast of the required county expenditures. He stated that he was in favor of impact fees for education, however, urged that all fee categories be reevaluated annually, to determine the true impact on all people in the County.
Mr. Greg Greutzmacher, the owner of Classique Bowling Center, in Tavares, appeared before the Board stating that his business has been reasonably accepted by the community and that he has been very successful, to a point where he could use another eight lanes at his center, however, with the proposed impact fees, it will be too costly for him to do so. He further elaborated on the matter.
Ms. Angela Hanson, a resident of Eustis, appeared before the Board stating that she came from an area where taxes are really taxes. She suggested that the Board use incentives, rather than impact fees, noting that they work.
Mr. Tom Miller, a local resident, appeared before the Board stating that they need to look at what they are going to do to the economy of Lake County, by approving the impact fees before them, noting that he was aware of several projects in the County that have been canceled, due to impact fees, or the Board dragging its feet.
Mr. Billy Spikes, a resident of Eustis, appeared before the Board stating that he was told by Mr. Carl Ludecke, a local builder, that approximately $8,000.00 has to be paid, up front, before he can begin constructing a home. He stated that the Board is not taxing new people coming into the County, they are taxing the young people who are presently in the County, noting that they are the ones that are going to suffer. He stated that he was totally against impact fees, as a way of doing business. He stated that there was a better way of doing it and that the Board was going to do damage to the County that the taxpayers will not be able to overcome.
Mr. Steve Richey, Attorney, representing Mr. Bob Schneider, President, Florida Hospital-Waterman, appeared before the Board and read a statement into the record, on behalf of Mr. Schneider, who could not be present at this meeting, in which he stated that the hospital is concerned about the adverse effect of the proposed fee schedule for transportation and how it may affect the hospital's future plans. He stated that the hospital prepaid to the County, several months ago, a total of $68,273.00 in road impact fees; however, the proposed fee schedule will increase that figure to $462,320.00, which they feel is disproportionate to the impact that the hospital provides to the County and the roads that serve the area. He stated that the hospital is concerned about its ability to expand and provide health care in Lake County with those kinds of fees, in that it is concerned that the proposed fee schedule will preclude them from going to later phases and providing the quality medical care that all residents of the County want to promote and encourage.
Doctor Ed Schlein, City Commissioner, City of Leesburg, and a local physician, reappeared before the Board stating that the County will not be able to get many doctors to come to the County and rent, or build, offices that have that kind of tag on them. He stated that doctors are facing managed care and decreasing reimbursement, therefore, will not be able to bear that burden. He stated that it is harder and harder to make ends meet. He stated that the fees are outrageous and that the County is going to lose its medical care.
Mr. Norman Cummings, Attorney, appeared before the Board stating that he was present representing several builders and developers in south Lake County, being Mr. Carl Cerilli, developer of Bay Ridge in Mascotte; Mr. Kevin Olesen, developer of the Cardinal Plaza, in Mascotte; and builders Mr. Jerry Kozielko, Mr. Herb Smith, and Mr. Jon Jones. He stated that said builders and developers are primarily involved in affordable housing; however, if the Board adopts the new fee schedule, they are going to do away with affordable housing in south Lake County. He stated that one of the Board's mandates is that they want affordable housing, but they are doing the very opposite, by increasing the impact fees to such a large degree.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
RECESS AND REASSEMBLY
At 5:10 p.m., the Chairman announced that the Board would take a five minute recess.
PUBLIC HEARING
IMPACT FEES
ORDINANCES/PLANNING AND DEVELOPMENT/ZONING (CONT'D.)
Commr. Cadwell informed those present, for informational purposes, that the Leesburg Area Chamber of Commerce's proposal is for a 20% increase per year, with a yearly review; education at 95%, over a five year period; and industries that qualify under the County's job incentive fund will not pay impact fees, they will be paid for out of the interest from said fund.
Commr. Hanson stated that the environment has changed, regarding impact fees, since she has been on the Board, noting that, when she first became a member of the Board, it was very pro impact fees. She stated that everybody believed they were the answer to a lot of the County's revenue problems, however, she feels that people are now seeing that they probably are not the answer. She stated that she was glad to see that the Emergency Medical Services, Fire Protection, and Library impact fees have been eliminated, noting that some of the Commissioners had voted against them over a year ago.
Commr. Hanson stated that she supports the 95% impact fee for education, noting that it should give the schools approximately $1 million extra per year, which would put Lake County in line on school impact fees with Orange, Osceola, Seminole, and Volusia counties. She noted that Sumter County does not have impact fees.
She stated that she felt there should be at least 90 days before the impact fees are enacted, noting that she felt July 1, 1996 would be a good date. She stated that she was not in favor of any increases in impact fees for roads, noting that she felt they should remain as they are, and that she was not in favor of phasing in the impact fees.
Commr. Hanson stated that she felt the Board should look at the proposal from Public Services of implementing a five cent increase in gas tax, noting that she felt it would be a more stable revenue source and would not be as dependent upon the conditions of the economy, therefore, would be a better way to go. She stated that that is a true user fee. She stated that she felt interest on impact fees is a credible option, however, does not believe in having high impact fees and using that interest to subsidize business. She stated that she felt the answer was to have lower impact fees and then one would not have to subsidize them. She stated that the effect the proposed impact fees will have on affordable housing is a very real concern, noting that the County has worked very hard to have a good affordable housing program.
Commr. Hanson stated that, if the fees are adopted, she hoped the Board would consider the recommendation by the Affordable Housing Advisory Committee to defer at least a portion of the impact fees on those that qualify for affordable housing. She questioned the legality of impact fees, noting that she feels the County will see a time in the not-to-distant future where all impact fees will be ruled unconstitutional. She stated that, when the Board adds the proposed impact fees to the County's current high fee costs and the Land Development Regulations costs, it will be pricing its homes out of the reach of many people who are coming to Lake County, as well as people who live here now. She reiterated that she would vote for the 95% education impact fee, but would not vote for an increase in the transportation impact fee and that she would recommend a five cent gas tax increase.
A motion was made by Commr. Good and seconded by Commr. Swartz to adopt the fee schedules for the ordinances before them this date, at 95%, to present them to the Planning and Zoning Commission, for their input.
Under discussion, Commr. Good stated that he agreed with Mr. George Pringle, that the Board should put the responsibility of impact fees on businesses and that is what he intended to do, with his motion, noting that the business community is strong, wise, skilled, competent, and can do what the County needs for it to do and help fund a quality of life that will enhance what the County has and attract more success.
Commr. Cadwell stated that he felt his plan was a reasonable, business-like approach, would let the people in business understand what was happening down the road, and would give the County a window of opportunity to look at the effects of the increase each year, therefore, would not support Commr. Good's motion.
Commr. Swartz stated that the Real Estate Research Consultants, Inc. study is the one that the Leesburg Area Chamber of Commerce asked the Board to fund, along with the League of Cities; however, it did not come out the way that the authors of it expected it to. He further elaborated on the matter, noting that the study indicated that impact fees would not bring the gloom and doom that has been expected from them. He further discussed the study, at which time he reviewed figures contained in same.
Commr. Gerber stated that she felt the Board was going to have a unanimous decision on the 95% for education, therefore, did not feel that it was a problem. She stated, however, that she felt the transportation impact fee was going to be tough. She stated that she agreed with the suggestion of allowing at least 90 days before implementing the impact fees, but could not deny the fact that there are some competitive factors that are going to be at work. She stated that she did not have a problem with anything over 50% for transportation, because it would put the County in line with Orange, Seminole and Volusia counties, which she feels are the counties that Lake County should be looking at.
Commr. Gerber stated that she does not believe Lake County is competitive with Marion, Sumter, and Polk counties, because she feels that Lake County has more to offer than they do, noting that she feels Lake County's land is less expensive and that its ad valorem rate is lower. She stated that she believes in user fees, to a certain degree, and that she feels the County is probably going to have to implement a penney per year gas tax, for the next five years.
The Chairman called for a vote on the motion, which failed, by a 3-2 vote.
Commrs. Good and Swartz voted "Yes".
Commrs. Hanson, Gerber and Cadwell voted "No".
A motion was made by Commr. Swartz and seconded by Commr. Good to adopt the Education and Fire Protection Impact fees at 95% and to adopt Proposal A, which phases in the impact fees over three years.
Commr. Hanson stated that the only difference she saw in Commr. Swartz's proposal and Commr. Cadwell's proposal was a matter of time, noting that Commr. Swartz's proposal was for three years and Commr. Cadwell's proposal was for five years. She stated that a gas tax will hurt businesses and individuals, but it will be spread out over a long period of time; however, impact fees hit a business, particularly a start-up business, when it hurts them the most, in the first few years that they are in business. She stated that she felt Commr. Swartz's proposal would be even more harmful, by doing it in three years, rather than five years, therefore, would not support the motion.
Commr. Cadwell suggested that the Board support Proposal B, noting that the five year phasing would give people a little more time. He stated that he did not have a problem with the education impact fee at 95%, however, felt that the County should pay the impact fees for those industries that qualify under the County's job incentive fund, noting that they could be paid with the interest acquired from the Impact Fee Trust Fund.
Commr. Gerber stated that she liked the five year plan better than the three year plan, but would probably go with the three year plan.
Mr. Sandy Minkoff, County Attorney, was requested to comment on Proposal A. He stated that, assuming the study from Reynolds, Smith & Hills is correct, from a legal standpoint, no matter how the percentages were determined, as long as the County is lower than the maximum numbers that are in the study and as long as the County is consistent within the classifications, he feels that the County can defend it. However, he does not feel that the County can take apart the study and say that one part is good and another part is bad, or that they agree with it and then come to greater numbers than the study, but, as long as the County is less than the study, he is not concerned with the way that the Board gets to its numbers, as long as they stay consistent within the categories. He stated that the Board cannot change the study, or throw out portions of it.
Commr. Gerber clarified that the Board was looking at two different plans - one that starts at 57.4% and one that starts at 58.8% - one that goes to 95% in three years and one that goes to 95% in five years, with a thirty day window for one of them. She stated that she felt, if the Board was going to do any imposing of impact fees, they needed to have a standing committee of individuals from the community that are interested in them, that want to keep up with what the Board is doing. She stated that she had a list of people that she would like to see hold quarterly meetings to review the impact fees.
Commr. Swartz amended his motion to include the suggestion by Commr. Gerber that a committee be formed, consisting of individuals from the community who are interested in keeping up with what the Board is doing, with regard to the impact fee matter, to meet on a quarterly, semi-annual, or annual basis, to review the County's existing impact fees and continue to review and consider updating said fees, as a result of increasing costs, or impacts that may affect the County, as a result of the impact fees being enacted, and that staff bring a Resolution back to the Board establishing said committee.
Commr. Good seconded the motion.
Commr. Cadwell noted that Commr. Swartz's plan does not include the waiving of industrial impact fees.
The Chairman called for a vote on the amendment, which was carried unanimously, by a 5-0 vote.
The Chairman called for a vote on the original motion, which was carried, by a 3-2 vote.
Commrs. Hanson and Cadwell voted "No".
RECESS AND REASSEMBLY
At 6:20 p.m., the Chairman announced that the Board would take a ten minute recess.
PUBLIC HEARING
IMPACT FEES
ORDINANCES/PLANNING AND DEVELOPMENT/ZONING (CONT'D.)
Mr. Sandy Minkoff, County Attorney, reviewed the potential changes in the language to the impact fee ordinances, as contained in a memorandum from Mr. Mark Knight, Chief Planner, Planning Services Division, dated March 15, 1996, with regard to Item No. 1. He stated that the first change pertained to a recommendation to amend Section 15.00.04 (Ordinance providing for definitions, prepayment and waiver), to add language which would allow deferral of the payment of impact fees from the date of issuance of the building permit to the date of issuance of the Certificate of Occupancy for commercial, excluding retail, and industrial development and that, for speculative buildings, to allow deferral until the time of occupancy. He stated that said language was taken directly out of the Comprehensive Plan and that it was staff's recommendation that said language be included in the impact fee ordinance.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to add language to Section 15.00.04 (Ordinance providing for definitions, prepayment, and waiver), which would allow deferral of the payment of impact fees from the date of issuance of the building permit to the date of issuance of the Certificate of Occupancy for commercial, excluding retail, and industrial development and that, for speculative buildings, to allow deferral until the time of occupancy, as indicated in the memorandum from Mr. Mark Knight, Chief Planner, Planning Services Division, dated March 15, 1996.
Mr. Minkoff, County Attorney, informed the Board that they would not need to act on Item No. 2, noting that it was suggested by Public Services. He stated that previous impact fee ordinances had an automatic annual increase and the one for transportation was based on the Florida Department of Transportation's (FDOT) road building costs. He stated that he removed that, because the fees specified in the ordinance were not the fees that the County was charging.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
The Board chose not to take any action regarding Item No. 2, a request by Public Services to not delete the section in the Road Impact Fee Ordinance that provides for an annual adjustment, based on annual increases in the FDOT Construction Index (Page 6 of the Road Impact Fee Ordinance), as recommended by the County Attorney.
Mr. Minkoff, County Attorney, informed the Board that it was not necessary to consider Items 3 and 4 this date, because the Board was not adopting the Emergency Medical Services or Library impact fee ordinances and that, by implication, Item No. 6 was included in the previous motion and staff would put it in the Ordinance. He then requested an effective date.
Commr. Gerber recommended that the Fire Protection, Transportation, and Education impact fee ordinances not take effect until July 1, 1996.
The Chairman opened the public hearing.
Mr. Bob Chapman, a developer in south Lake County, reappeared before the Board and discussed four (4) items of concern he had pertaining to the education; affordable housing; and fire protection impact fees.
Mr. Jimmy Crawford, Attorney, with Steve Richey's Office, reappeared before the Board and discussed the methodology that was used in the study from Reynolds, Smith & Hills, noting that developers seem to be restricted to same and he feels that there are other acceptable methodologies and alternatives that might very well get justifiable results and he would like to see said language loosened up a little, to allow some bridled discretion, in allowing different methodologies for different uses.
Mr. Mark Knight, Chief Planner, Planning Services Division, appeared before the Board and answered questions regarding trip generation rates, with regard to the ordinances before the Board this date.
Mr. Crawford referred to Page 14 of the Education impact fee ordinance, stating that it states that the County Manager does not have to accept the independent study "if it is deemed to be inaccurate, or not reliable" and that he did not feel it gives enough guidelines and discretion to stand up, noting that he felt it might be an invalid delegation of the legislative authority. He stated that there are no standards under which the County Manager's designee might deem it inaccurate, or not reliable, and that that worried him.
Mr. Minkoff stated that said language is the current language that is in the Code, which he noted has existed since at least 1991. He stated that staff tried to change as little of the ordinances, as possible, yet make them simple. He stated that they did not make any substantive changes, therefore, did not address or look very carefully at those provisions.
Commr. Hanson stated that she felt they should have, noting that she felt it was a very good point, on this particular issue. She stated that the wording and the language used is open for discussion.
Mr. Minkoff stated that, in his experience, the fee study has never been a problem, in terms of dealing with people furnishing their own studies. He stated that they have always resolved themselves with the experts.
Mr. Crawford stated that, with regard to road impact fees, if they do not get spent, one gets their money back with 6% interest, however, with regard to school impact fees, if they do not get spent, one gets their money back without interest and questioned the justification for the difference.
Commr. Swartz interjected that the Board controls the money, with regard to road impact fees, however, they do not control the money, with regard to school impact fees.
Mr. Gene Molnar, representing the Lake County School Board, appeared before the Board and discussed language contained on Page 24, Part B (1) of the Education Impact Fee Ordinance. He stated that Ms. Cecelia Bonifay, Attorney, representing the Lake County School Board, did not think that the change in wording was needed.
Mr. Minkoff, County Attorney, suggested deleting the language together with, on Page 24, Line 12, of the Education Impact Fee Ordinance, and insert the word or.
Mr. Molnar stated that he felt, in the second paragraph, the wording should be warranty deed.
Mr. Minkoff stated that said wording was not new language, that it was underlined, but only because staff moved it. He stated that it was exactly the same language that was in the current Education Impact Fee Ordinance.
Mr. Molnar referred to Page 26, Paragraph 3, of the Education Impact Fee Ordinance, under the heading Credits Non-Transferrable, and questioned the language "credit shall not be transferrable from one project of development to another".
Mr. Minkoff stated that he felt the language was to tie the credits, per parcel.
No further change was made in the language.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved to add the language and/or deferral, after the word "waiver", on Page 6, Line 26, under Section E. - Lake County Affordable Housing Advisory Committee.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to delete the language together with, on Page 24, Line 12, of the Education Impact Fee Ordinance, and insert the word or.
It was noted that the Planning and Zoning Commission will hear the ordinances addressed this date, being a General Ordinance, creating Section 15.00.00, to be used in connection with Chapter XV of the Lake County Code, as well as the Education, Transportation, and Fire Protection Ordinances, on April 3, 1996, which will include the fee schedules and language approved this date, and that said ordinances are scheduled to be adopted April 9, 1996.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney that the ordinances addressed this date be effective immediately, with the exception of Fire Protection, and that July 1, 1996 be the effective date for the new fee schedules and the Fire Protection Impact Fee Ordinance.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 7:15 p.m.
_______________________________
WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/3-19-96/4-3-96/boardmin