A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 9, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, April 9, 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; Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.

Commr. Good gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Sandy Minkoff, County Attorney, requested that a report on the Deer Island Development; and a report on a Special Master Mediation be added to the Agenda under Reports. He further request that approval of the continuation of the Scripps Howard Lake County Cable Company Franchise be added to the Agenda under Reports.

On a motion by Commr. Swartz seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to place a request for approval of the continuation of the Scripps Howard Lake County Cable Company Franchise on the Agenda under Reports.

Commr. Gerber stated that she would be requesting status on the appointments to the Lake County Charter Development Committee under Reports.

CLERK OF COURTS' 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:

Contracts, Leases & Agreements



Request for approval of the contract with Rene Bates Auctioneers, Inc. for the annual auction of surplus government property, to be held June 29, 1996, at the Lake County Fairgrounds; subject to final review and approval by the County Attorney.





Accounts Allowed/Budget Transfers



Request for approval of Budget Transfers from County Finance, as follows:



BUDGET TRANSFERS



Fund: General

Department: Constitutional Officer - Property Appraiser

From: Contingency $2,500

To: Attorney Legal Fees $2,500

Transfer #: 96-127



Justification: Transfer needed from contingency to pay legal fees encountered for the lawsuit of Scripps Howard v. Havill.



Fund: General

Department: Constitutional Officer - Sheriff

From: Contingency - Sheriff $10,000

To: Transfer - Law Operating $10,000

Transfer #: 96-128



Justification: Pursuant to F. S. 30.49, the Sheriff is requesting that $10,000 be transferred into Law Operating.



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.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Gerber requested that Tab 3, approval of reclassification of two positions in Public Services; and approval of one title change in Agricultural Education Services, be pulled for discussion.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 3:

Resolutions



Request for approval and execution of Proclamation No. 1996-58 proclaiming April 23 to May 1 as Teen Pregnancy Prevention Week in Lake County.



Contracts, Leases & Agreements/Communications



Request for acceptance of termination of the Lake County Franchise Agreement with Central Florida Satellite Cable, Inc.



Committees/Resolutions



Request for approval and execution of Resolution No. 1996-61, amending Resolution No. 1995-72 creating the Lake County Cultural Affairs Council to stagger the term of office of members initially appointed to the Council.



Deeds/Rights-of-Way, Roads & Easements



Request for acceptance of a public Non-Exclusive Easement Deed from Dale Bartch.



Bids/Contracts, Leases & Agreements/Road Projects

Roads-County & State



Request for approval to award Countywide Resurfacing Project No. 1-96, Bid No. B-6-6-12, to C.A. Meyer Paving and Construction Company in the amount of $617,371.18; authorization to encumber and expend funds from the Transportation Trust Fund (TTF) in the amount of 346,546.36; and authorization for the Chairman to execute Interlocal Agreements with the municipalities of Eustis, Leesburg, Montverde, Mount Dora, Tavares, and Umatilla for payment of their roads included in this bid.



Deeds/County Policy



Request for approval of appointment of Right-of-Way Specialists as agents of the Board of County Commissioners for purposes of recording deeds.



Resolutions/Roads-County & State



Request for approval and execution of Resolution No. 1996-62, authorizing the posting of speed limits on the following roads in the Mt. Plymouth/Sorrento area: Palmetto Drive (#4-3786), Azalea Avenue (#4-3786A), Orange Avenue (#4-3786B), Palm Avenue (#4-3886A), Magnolia Avenue (#4-3886B), Sundance Drive (#4-4086), Sunset View Drive (#4-4086A), Eastridge Terrace (#4-4086B), Westridge Terrace (#4-4086C), Ridgecrest Terrace (#4-4086D), Oak Tree Drive (#4-4186), Golden Lane (#4-4186A), S. Coronada Drive (#4-4083A), Oak Avenue (#4-4485), Lake Avenue (#4-4485A), Sixth Avenue (#4-4486C), Paul Street (#4-4487), Carroll Avenue (4-4387); Mt. Plymouth Loop (#4-4488); Scenic Ridge Court (#4-4783A), Cougar Court (#4-4783B); Windy Oak Street (#4-4987A); Glen Oak Avenue (#4-4987B), Stallion Drive (#4-4784A), Integrity Way (#4-4886), and Swan Road (#4-4084).



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for approval of the following deeds:



STATUTORY WARRANTY DEEDS



Town of Lady Lake

Rex Road

Ray C. Greenaway and Lida M. Greenaway

Lake Seneca #4-5983



Nannie S. Floyd, Trustee

Dewey Robbins #2/3-2729



Carolyn Perry and Vestine Perry

An unnamed road in Caronel Acres



Dale E. Bartch, Trustee

Lane Park Road #3-3637



Robert H. Blair and Marion G. Blair

East Dewey Robbins #2/3-2729





NON-EXCLUSIVE EASEMENT DEEDS



Arthur E. Roberts and Marie R. Roberts

Loop Road (not County maintained)



Merrell S. Beebe and Ann O. Beebe

Park Avenue #4-5075 and

East Lake Joanna Drive #4-5175



Jessie J. Silas and Faye T. Harrison

Elsey Street



Trustees of the Zion Hill Missionary Baptist Church

Elsey Street



Willie Jones Jr. and Mattie Jones Williams

Virginia Avenue

Mattie Jones Williams and Junior Williams

Virginia Avenue



Deed River Marina, Inc.

US 441/SR 500 - Cross Access



QUIT CLAIM DEEDS



Jessie J. Silas and Faye T. Harrison

Elsey Street



Ellis Young

Johnson Street



Mary L. May, Guardian of Mayme T. Johnson

Lane Park Road #3-3637



John W. Johnson and Joan J. Edmiston

Lane Park Road #3-3637



ADDENDUM NO. I



COUNTY MANAGER'S CONSENT AGENDA



Insurance/Risk Management



Request for approval and authorization for the Chairman to execute Questionnaire for Railroad Protective Operations for renewal of the current insurance policy; subject to final review and approval by the County Attorney.



Accounts Allowed



Request for approval of payment of monthly Medicaid Hospital bill, in the amount of $33,174.94; and the Medicaid Nursing Home bill, in the amount of $37,512.48, for the month of February, 1996.



Accounts Allowed/Resolutions/State Agencies



Request for approval and execution of Resolution No. 1996-64, providing for authorization for Social Services to apply for a Federal Emergency Management Agency (FEMA) grant, in the amount of $25,456.00, for emergency shelter and utilities.



Appointments-Resignations/County Manager



Request for approval of appointment of Sue B. Whittle, County Manager, as Custodian of Public Records for the Lake County Board of County Commissioners except for those records which are legally maintained by other governmental agencies.



HUMAN RESOURCES/COUNTY EMPLOYEES

Mr. Jim Stivender, Senior Director, Public Services, appeared before the Board and explained that the Right-of-Way Technician was a vacant position that was being upgraded.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved a request for approval of reclassification of two positions in Public Services; and approval of one title change in Agricultural Education Services.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

ORDINANCES

Commr. Cadwell stated that the time had arrived for the continuation of the public hearings that were held on March 19, 1996 in regard to impact fees.

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, creating Section 15.00.01 providing for Definitions used relating to Impact Fees, on the floor for its final 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.

At this time, Commr. Cadwell opened the public hearing portion of the meeting for the purpose of discussing the recommendations by the Planning and Zoning Commission.

Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board and noted that a draft copy of the April 3, 1996 Planning and Zoning Commission Minutes had been distributed to the Board prior to the start of the meeting this date. He stated that the recommendations by the Planning and Zoning Commission were as follows:

1. Change C. Membership, f. (2) of the ordinance to one member of the Board of Education rather than from the Countywide Citizen Advisory Committee.

2. Include a member of the Planning and Zoning Commission on the Impact Fee Evaluation and Review Committee.

3. Membership on the Impact Fee Evaluation and Review Committee shall be changed from nine (9) to ten (10) members.

Discussion occurred in regard to the recommendation to change the membership of the Lake County Impact Fee Evaluation and Review Committee, at which time Commr. Swartz suggested that the membership include the Superintendent and/or his designee rather than a member of the Lake County School Board. He suggested that the Superintendent and/or designee, and one representative from the Economic Development Commission of Mid-Florida be moved from the category of four (4) citizens at-large, which would increase the Lake County Impact Fee Evaluation and Review Committee to eleven (11) members. He further suggested that language in regard to the County/City Impact Fee Committee be changed to indicate "who is an elected official and represents the League of Cities".

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved changes to C. Membership, as follows:

Page 9, Line 31 - change "nine (9)" to eleven (11).

Page 10, Line 3 through 16 - delete all language and insert the following:

c. One (1) member of the County/City impact fee benefit district committee who is an elected official and represents the League of Cities.

d. One (1) member of the Home Builders Association.

e. One (1) member of the Lake County Conservation Council.

f. One (1) representative from the Economic Development Commission of Mid-Florida.

g. The superintendent of schools or designee.

h. Four (4) citizens at-large.



Commr. Hanson discussed Section 15.00.03, B. Waiver of Impact Fees and stated that the Affordable Housing Committee had recommended to waiver only the very low and the low income housing, and not the moderate income housing. She stated that she would not be in support of a waiver or deferral for moderate income housing.

Mr. Knight explained that moderate income housing was removed from the Housing Assistance Plan and Program; however was not addressed in the impact fee section.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to change Section 15.00.03 to eliminate moderate income under B. Waiver of Impact Fees, and D. Defer Payment of Impact Fees.

Commr. Cadwell brought up for discussion the purpose and duties of the Impact Fee Evaluation and Review Committee and suggested a thirty (30) day window to provide for a review of the impact fees, and provide the Board the opportunity to vote on said fees for each year.

Commr. Swartz stated that the purpose for phasing in the fees for the transportation ordinance was to accommodate and recognize the concerns individuals had about the increase, and not to create a situation where the Board would revote on those fees. He stated that he would not support a built-in factor that states that the Board would revote on the impact fees each year.

Commr. Gerber stated that she envisioned that the Impact Fee Evaluation and Review Committee would meet quarterly, review the project, evaluate the expenditure of funds, address specific issues, and make a yearly report to the Board on specific issues. COMMISSIONERS

At this time, the Chairman, Commr. Cadwell, passed the gavel to the Vice Chairman, Commr. Good.

ORDINANCES (CONTINUED)

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to require the Impact Fee Evaluation and Review Committee to report to the Board thirty (30) days prior to the implementation date relating to impact fees, and to allow a yearly vote on impact fees by the Board of County Commissioners.

Commr. Swartz stated that a thirty (30) day window would create more uncertainty in the process, and he would not support continued delays and an effort to not recognize the Fee Study prepared by Reynolds, Smith & Hill, Inc, dated December 1994.

Mr. Minkoff explained that the ordinance currently requires that the Impact Fee Evaluation and Review Committee make a recommendation to the Board by July 1 the first year and thereafter on October 1 to coincide with the budgetary year. He further explained that the proposed change in the Road Impact Fee Ordinance would require an affirmative vote of the Board of County Commissioners after receiving said report.

The Vice Chairman called for a vote on the motion, which carried by a 3 - 2 vote.

Commr. Gerber and Commr. Swartz voted "No".

COMMISSIONERS

At this time, the Vice Chairman, Commr. Good, returned the gavel to the Chairman, Commr. Cadwell.

ORDINANCES (CONTINUED)

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 3 - 2 vote, the Board approved Ordinance No. 1996-31, an Ordinance creating Section 15.00.02 providing for Definitions used relating to Impact Fees, as read on its final reading, by title only, as amended by the above noted motions.

Commr. Gerber and Commr. Swartz voted "No".

ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending School Impact Fees, on the floor for its final reading, by title only, as follows:

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.

At this time, the Chairman opened the public hearing portion of the meeting for the purpose of discussing the recommendations by the Planning and Zoning Commission.

Mr. Mark Knight, Chief Planner, Planning and Development Services, directed the Board's attention to the Planning and Zoning Commission recommendations, as follows:

1. A maximum of four (4) years should be allowed to collect and spend the fund with a one year grace period.

2. The five year 95 percent of rate basis should be used.

3. The Board of County Commissioners must vote to increase the funds each year.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-32, an Ordinance amending School Impact Fees, as read on its final reading, by title only.

ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending Road Impact Fees, on the floor for its final reading, by title only, as follows:



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.

Mr. Minkoff stated that the amendment adopted earlier in the meeting would be added to the Fee Schedule.

At this time, the Chairman opened the public hearing portion of the meeting for the purpose of discussing the recommendations by the Planning and Zoning Commission.

Mr. Mark Knight, Chief Planner, Planning and Development Services, directed the Board's attention to the following recommendations by the Planning and Zoning Commission and stated that the original motion by the Planning and Zoning Commission had been amended to exclude Condition No. 3, an administrator should be appointed to oversee the collection and disposition of the funds in a position comparable to a county administrator:

1. A maximum of four years should be allowed to collect and spend the funds with a one-year extension.

2. The single-family residential rates should be based on square footage.

4. The five-year 95 percent of need figure should be involved as recommended by the Leesburg Area Chamber of Commerce.

5. The Board of County Commissioners must vote to increase the funds each year so it is not automatic.

There being no further public comment, the public hearing portion of the meeting was closed.

COMMISSIONERS

At this time, the Chairman, Commr. Cadwell, passed the gavel to the Vice Chairman, Commr. Good.

ORDINANCES (CONTINUED)

Commr. Cadwell made a motion, which was seconded by Commr. Good, to reconsider his previous motion which would allow for a 30 day review, and a yearly vote on the impact fees by the Board of County Commissioners.

Commr. Gerber stated that she would be more in favor of a five year phasing process, if it would provide a broader basis of community support, than having the Board go through approval on a yearly basis, which is a negative situation for the Board.

Commr. Good stated that an annual assessment of impact fees would be the most flexible way to make impact fees work. He stated that he could not support moving toward a phase in when the need was immediate.

The Vice Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Good voted "No".

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried by a 4 - 1 vote, the Board approved to withdraw the original motion for a 30 day window, and a yearly vote on impact fees by the Board of County Commissioners.

Commr. Good voted "No".

COMMISSIONERS

At this time, the Vice Chairman, Commr. Good, returned the gavel to the Chairman, Commr. Cadwell.

ORDINANCES (CONTINUED)

Discussion continued in regard to the recommendation by the Planning and Zoning Commission that the five-year 95 percent of need figure should be involved as recommended by the Leesburg Area Chamber of Commerce. Commr. Gerber stated that she would support a five-year plan because of a broader basis of support.

Commr. Good stated, for the record, that he did not feel that a five-year schedule was the right thing to do, and that it was giving in to the minority of the population which does not want to pay for the impact that they create on the community.

Commr. Hanson stated that she would not support a three-year or five-year plan for Road Impact Fees at ninety-five (95%) percent, and further stated that the gas tax was a better way to provide funds for the roads. She expressed her appreciate to staff for providing the projections on the Road Impact Fees, which were distributed prior to the start of the meeting, and stated that said projections would provide a benchmark as the Impact Fee Evaluation and Review Committee evaluates and makes recommendations.

Mr. Jim Stivender, Senior Director, Public Services, appeared before the Board and explained that the first example under Estimate of Road Impact Fees represented no increase in growth with the fees in place at 57.4% for 1996/97, 74.5% for 1997/98, 91.6% for 1998/99, and 95% for 1999/2000 over a three-year schedule. He stated that this was a very conservative approach to growth in Lake County, and the revenue generated by that growth in impact fees. He explained that the second example illustrated the twenty (20%) percent reduction based on the report that housing starts would be reduced initially due to the impact fees and then factored in the percentages over the three-year schedule.

At this time, Commr. Swartz distributed copies of an article that appeared in the Orlando Sentinel Newspaper in regard to the Economic Index for Lake County and Central Florida. He explained that the index was designed to reflect increases or decreases in economic activity, and that the article illustrates an index of 143.53 for January 1996 and an April 1996 projection of 140.96. He stated that the charts illustrate that the Lake County Economic Index has grown second in the region to Osceola County since 1987. He stated that he does not see the economic forecast that suggest that growth would decline.

Commr. Gerber made a motion, which was seconded by Commr. Hanson, to approve the recommendation of the Planning and Zoning Commission, as follows: 4. The five-year 95 percent of need figure should be involved as recommended by the Leesburg Area Chamber of Commerce.

Mr. Minkoff informed the Board that, if the Board approves the Planning and Zoning recommendation for a five-year schedule, language on Page 7 of the Ordinance, addressing impact fee calculations, would require a change, as follows:

58.8% through 09/30/97;

69.2% from 10/01/97 through 09/30/98;

79.4% from 10/01/98 through 09/30/99;

89.7% from 10/01/99 THROUGH 09/30/01; and

95.0% from 10/01/01 and beyond



Commr. Swartz stated that he would not support the motion for a five-year schedule for Road Impact Fees.

The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.

Commr. Good and Commr. Swartz voted "No".

COMMISSIONERS

At this time, the Chairman, Commr. Cadwell, passed the gavel to the Vice Chairman, Commr. Good.

ORDINANCES (CONTINUED)

Commr. Gerber made a motion, which was seconded by Commr. Cadwell, to approve Ordinance No. 1996-33, amending the Road Impact Fees, as read on its final reading, by title only, as amended to include the above noted motions.

Commr. Gerber stated that, when there were opportunities to come to a middle ground, the Board should take those opportunities in order to get the consensus of a community that has been in turmoil over impact fees, and to have a plan that would automatically continue for five years that was sustainable because the greatest number of people have supported it.

Commr. Swartz made a motion to amend the motion on the floor to create a four-year schedule identical to that which was before the Board at this time.

COMMISSIONERS

At this time, the Vice Chairman, Commr. Good, returned the gavel to the Chairman, Commr. Cadwell.

ORDINANCES (CONTINUED)

Commr. Good seconded Commr. Swartz's motion to amend the motion on the floor to create a four-year schedule.

Commr. Cadwell urged the Board to remain with the five-year schedule.

Commr. Gerber requested that the motion be tabled to allow the Board time to consider the motions on the floor at this time.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:40 a.m.

ORDINANCES (CONTINUED)

Commr. Hanson stated that her concern was with the demonstrated need and the needs of Districts, and that the areas in which the impact fees dollars would be spent, would be annexed by the municipalities in the near future. She stated that the County was not providing a source for dollars for the roads in the very rural areas where the major needs are in her District.

At this time, Mr. Knight presented on the monitor the calculations for the five-year schedule and a four-year schedule.

The Chairman called for a vote on the motion to amend the motion to a four-year schedule, which failed by a 2 - 3 vote.

Commr. Cadwell, Commr. Gerber and Commr. Hanson voted "No".

COMMISSIONERS

At this time, the Chairman, Commr. Cadwell, passed the gavel to the Vice Chairman, Commr. Good.

ORDINANCES (CONTINUED)

The Vice Chairman called for a vote on the motion to approve Ordinance No. 1996-33, which carried by a 4 - 1 vote.

Commr. Hanson voted "No".

COMMISSIONERS

At this time, the Vice Chairman, Commr. Good, returned the gavel to the Chairman, Commr. Cadwell.

ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, establishing Fire Service Impact Fees, on the floor for its final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING FIRE SERVICE 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.

At this time, Commr. Cadwell opened the public hearing portion of the meeting for the purpose of discussing the recommendations by the Planning and Zoning Commission.

Mr. Mark Knight, Chief Planner, Planning and Development Services Department, appeared before the Board and presented the recommendations by the Planning and Zoning Commission, as follows:

1. A maximum of four years should be allowed to collect and spend the funds with a one year grace period.

2. The five year 95 percent of rate basis should be used.

3. The Board of County Commissioners must vote to increase the funds each year.

Mr. Knight stated that the Planning and Zoning Commission further recommended a change in date to reflect an effective date of the Ordinance on the date of adoption, and to reflect an effective date of July 1, 1996 for the fee schedule.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Swartz, seconded by Commr. Good and carried by a 4 - 1 vote, the Board approved Ordinance No. 1996-34, an ordinance establishing Fire Services Impact Fees, as read on its final reading, by title only; to reflect a Fee Schedule effective date of July 1, 1996.

Commr. Hanson voted "No".

ORDINANCES/PUBLIC SERVICES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, establishing the Adopt-A-Park Program, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO CREATION OF AN ADOPT-A-PARK PROGRAM; PROVIDING FOR ESTABLISHMENT OF THE ADOPT-A-PARK PROGRAM; PROVIDING FOR THE RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SERVICES; PROVIDING FOR CONDITIONS OF PARTICIPATION; PROVIDING FOR THE REMOVAL OF LITTER BY THE DEPARTMENT OF PUBLIC SERVICES IN UNUSUAL CIRCUMSTANCES; PROVIDING FOR THE FORM OF THE ADOPT-A-PARK PERMIT; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Chuck Pula, Recreation Director, appeared before the Board to present this request. In response to a question presented by Commr. Gerber, Mr. Pula explained that the permitting for the Adopt-A-Park Program was a one page form submitted by each organization with no permitting fees.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Ms. Mariam Hanson, Commander, Post 21, American Legion Umatilla, appeared before the Board to express her appreciation for the Adopt-A-Park program and the support of American Legion, Post 21.

Mr. Randy Torrance, representing the Greater Altoona Society, appeared before the Board to express the support of the Greater Altoona Society on behalf of the Board of Directors.

Mr. Tommy Hite, a resident of Mt. Plymouth, appeared before the Board to express support of the Adopt-A-Park Program.

Mr. Jack Linady, a member of the Astor Lions Club, appeared before the Board to express appreciation for the cooperation and assistance the Board has provided in the past, and expressed the support of the Astor Lions Club.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1996-35, an ordinance establishing the Adopt-A-Park Program, as read on its final reading, by title only.

TIMES CERTAIN

WORKSHOP

ORDINANCES

Mr. Bruce Duncan, Assistant County Attorney, appeared before the Board to present the workshop on the Ordinance amending Chapter 4, Lake County Code, Relating to Animals; and Ordinance amending the Lake County Land Development Regulations, amending Chapter II, Definitions, Regarding the Definition of Kennel. He distributed a copy of the Animal Control Ordinance and noted that said copy contained minor grammatical changes. It was noted that the Board would work from the ordinances in the backup and not from the copy distributed this date.

At this time, Commr. Swartz recognized Ms. Marie Zaman, Ms. Jennie Troesch, and Ms. Janine Peters, members of the Animal Control Study Committee, who were present in the audience.

Discussion occurred in regard to the definition of a Commercial Kennel or Cattery and a Noncommercial Dog or Cat Fancier. Commr. Swartz explained that the Commercial Kennel and Cattery clearly outlines a commercial endeavor and would place it only in specific zoning classifications. He discussed the intent of the definition for Noncommercial Dog or Cat Fancier and explained that the concern was to not create an ordinance that would put legitimate, small time dog and cat fanciers in a position of having to meet the requirements of a commercial kennel or cattery. He expressed concern that the definition of Noncommercial Dog or Cat Fancier would allow five (5) or more dogs over the age of six (6) months, or five (5) or more cats over the age of six (6) months into any zoning district.

Ms. Janine Peters, a member of the Animal Control Study Committee, appeared before the Board to address the number of dogs or cats allowed under Noncommercial Dog or Cat Fancier and explained that the issue was the quality of care and not the number of animals. She discussed the need for a large number of animals in a conscientious breeding program, and the difference between a breeding program and a commercial program. She suggested that one option would be limiting the number of litters per year. She further suggested that language on Page 8, Line 19 be changed to indicate in or adjoining the owner's residence.

Ms. Janet Brady, a resident of East Lake County, appeared before the Board to discuss the issue of noise nuisance from dogs and the current ordinance in place at this time. She stated that the current ordinance addresses the numbers in the definition of a kennel and suggested that definition did not need to be changed. She stated that the proposed definition of a Commercial Kennel or Cattery did not cover issues such as training kennels and suggested that language be added to the definition to include training. She noted that training was in the current definition but had been removed in the proposed ordinance.

Discussion occurred in regard to the training and the boarding of animals, at which time, Ms. Peters stated that the reason that training had been removed from the definition of a Commercial Kennel or Cattery was because the Committee separated that from boarding. She explained that if they keep the dog overnight, that becomes boarding.

It was the decision of the Board to add "training" to the definition of Commercial Kennel or Cattery on Page 6, Line 3.

Ms. Brady discussed the definition of Noncommercial Dog or Cat Fancier and expressed concern that said definition was unenforceable, and that commercial kennels have been masquerading as noncommercial kennels in Lake County for many years.

In response to a question presented by Commr. Swartz, Mr. Duncan stated that a definition of a "research facility" would be included in the ordinance which would preclude commercial kennels masquerading as noncommercial kennels. At this time, he read suggested language to address "research facility", as follows: "Research Facility means any school except elementary or secondary institution or person who uses or intends to use live animals in research, tests, or experiment and who purchases or transports live animals as a commerce or receives funds under a grant, award, loan, or a contract".

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to direct staff to develop language for the Board's review prior to the public hearing that would either define research facility and those associated uses within an existing definition or create a new definition so that it could clearly be differentiated and provided for.

Ms. Brady expressed concern that dog fanciers were being allowed in all zoning districts. She discussed the definition of "Cruelty" and stated that "death of the animal" should be added on Page 6, Line 6. Ms. Frankie Thorpe, Animal Control Director, responded that Section 4-102. Animal Cruelty or Neglect addresses death of the animal. Ms. Brady suggested that the following language be added under "Nuisance": "Animals running at-large, chasing persons or vehicles, destroying property of others, molesting garbage or property of others, causing serious annoyance and preventing other property owners from reasonable use of their property". She expressed concern that, if Lake County allows dog and cat fanciers with unlimited numbers of dogs in residential areas, complaints would be made when people started abusing and claiming noncommercial status.

Commr. Swartz directed the Board's attention to Section 4-37. Injury to Persons, Animals and/or Property, and requested that staff review said language to determine if the language should be modified to address the nuisance animal that may be out of voice command.

Ms. Holly Greene, a resident of Mt. Plymouth, appeared before the Board to address a concern in regard to a Conditional Use Permit (CUP) that had been approved by the Board of County Commissioners on March 26, 1996.

Mr. Minkoff stated that the above mentioned Conditional Use Permit (CUP) would fit within the Noncommercial Kennel or Cattery and, therefore, a CUP would not be needed, and the stipulations of the CUP would not apply once the ordinance before the Board at this time was adopted.

Mr. Bill Tenhoopen, Wolfbranch Road, appeared before the Board to present comments in regard to the Ordinance before the Board at this time. He stated that the requirement for a 200 foot setback did not work in the best interest of the animals or the owners of the animals. He discussed Section 4-33. Entry Powers of Animal Control Officers, and expressed concern that the Animal Control Officers have authority to enter onto private property with or without the consent of the owner or other authorized individuals. He suggested that a search warrant should be required. It was noted that this issue would be reviewed. Mr. Tenhoopen expressed concern with language under (e) Surcharge, which states that "Any civil penalty paid or imposed pursuant to this chapter shall include a surcharge of five dollars ($5.00)...".

Mr. Jimmy Crawford, Attorney, representing Cheryl Willacker, appeared before the Board and stated that his client was an owner of a hobby kennel that was a legally existing nonconforming use in North Lake County. He expressed support of the proposed ordinance and requested that the Board recognize the work of the Animal Control Study Committee.

Ms. Tammy Frank von Frankenstein, a resident of Howey-in-the-Hills, appeared before the Board and stated that she was a victim of a kennel adjacent to her property. She stated that she would be a witness for Lake County Animal Control for a dog barking claim and suggested that said case would be a test case the way the Ordinance before the Board at this time was written.

Commr. Swartz requested that staff review other commercial uses that are not defined under the definition of Kennel, Commercial Kennel or Cattery, and Noncommercial Dog or Cat Fancier and define all land uses that would be allowed.

Commr. Hanson addressed A.- Classification of Uses and questioned if the Wekiva River Basin and the Green Swamp Area of Critical State Concern were included under all agricultural zoning; at which time staff was directed to review this issue.

It was noted that a workshop on the Ordinance Amending Chapter 4, Lake County Code, Relating to Animals, and the Ordinance Amending the Lake County Land Development Regulations amending Chapter II, Definitions, regarding the Definition of Kennels, would be schedule.



CITIZEN QUESTION AND COMMENT PERIOD

It was noted that no one wished to address the Board under the Citizen Question and Comment Period.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

REPORTS

Ms. Sue Whittle, County Manager, presented the discussion on the START Report, which had been distributed prior to the start of the meeting this date, and explained that one of the Board's short term goals was the development of a Master Plan on how to reach the overall automation of the County. She stated that the START Team (Short Term Automation Resources Team) was organized to develop a Computer Automation Plan, and the report before the Board at this time was an interim report. At this time, she reviewed the Team Objectives as listed in the report. She directed the Board's attention to Appendix B, Configuration and Compatibility Guidelines for existing PC's, New Purchases, and Networks, and explained that the guidelines establish the levels for use and purchase of equipment. She stated that the report also provides Projected Upgrade Needs for the next three years; Cost of Purchase of State Bid; Graphic Computer System Presentation and Detail Recommendation on the 1995/96 Purchases. She noted that the members of the START Team were Mr. Tom Elmore, Mr. Chris Greco, Mr. Andrew Morales and Mr. Brent Holladay. She expressed appreciation to Mr. James C. Watkins, Clerk, for allowing the Clerk's Office to be involved in this process. She noted that, during the budget process, she stated that she was freezing all purchases of equipment pending this report and recommendation.

Commr. Swartz stated that the criteria for freezing the purchase of equipment has been met and that the County Manager had the authority to purchase and upgrade those pieces of equipment.

Ms. Whittle stated that further discussion would occur on the START Report during the Special Meeting on April 15, 1996.

No action was taken at this time.

PLANNING

Ms. Sue Whittle, County Manger, presented the request for acceptance of the LUFNET Process as a success and direction to staff to implement same or similar application to address the Suburban land use category in areas where land use designations supported by municipalities conflict with staff recommendations.

Commr. Hanson stated that she would support the LUFNET Process in those areas where there was conflict; however, she stated that the County needs to move forward in the Suburban land use category areas where there was no conflict with the cities and with staff.

Commr. Swartz made a motion to accept the LUFNET Process for the success in the Highway 19/U.S. Highway 27 area; ask staff to use the LUFNET Process in other areas where it might help to resolve conflicts; and for the Board to discuss the whole issue of the Suburban land use category and some of the considerations, before staff negotiates a position that may not be the Board's position.

Commr. Cadwell suggested that this request be postponed and that the Special Meeting, scheduled with the cities on April 22, 1996 be postponed and rescheduled at a later time.

Ms. Whittle stated that the participants of the LUFNET Process for Highway 19/U.S. Highway 27 have held their first meeting and the residents, developers, and realtors in the area that participated in the week long process would carry the process forward. She stated that the participants would, at some point, come before the Board to discuss their feelings about the process.

At this time, Commr. Swartz withdrew his motion.

The Chairman was directed to cancel the Special Meeting on April 22, 1996 with the cities.

No action was taken at this time.

ACCOUNTS ALLOWED/SOLID WASTE/LANDFILLS

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to award a construction contract for the Lady Lake Landfill Closure; authorization for the Chairman to execute the contract; and authorization to encumber and expend funds in the amount of $1,653,000.00; subject to receipt of permit and final review and approval by the County Attorney.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Ms. Susan Libbert to complete Vivian (Carla) Mitchell's term as a District 3 Representative on the Lake County Citizen's Commission for Children for a term ending May 17, 1996.

COUNTY ATTORNEY

SUBDIVISIONS

Mr. Sandy Minkoff, County Attorney, informed the Board that a meeting was held with representatives of the company proposing to purchase the Deer Island Development for the purpose of discussion of County issues in regard to off-site improvements, the golf course, and setbacks. He stated that discussions would continue in order to aid the company in the purchase and to assure that County codes are enforced.

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, informed the Board that a Planned Unit Development Vested Rights Determination mediation case was heard at a Special Master Hearing on April 8, 1996, which resulted in a proposed Settlement Agreement which would be presented to the Board for approval on April 23, 1996.

CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS

Mr. Sandy Minkoff, County Attorney, presented a request for approval of the continuation of the existing Scripps Howard Lake County Cable Company Franchise for an additional thirty (30) days, which expired on April 6, 1996, to allow further negotiation.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved approval of the continuation of the existing Scripps Howard Lake County Cable Company Franchise for an additional thirty (30) days.

COMMISSIONER SWARTZ - DISTRICT NO. 3

At this time, Commr. Swartz presented a plaque to the Board of County Commissioners from Lake Community Action Agency, Inc. expressing "thanks" to the County Commission.

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of Proclamation No. 1996-63 proclaiming the week of April 21 through 27, 1996 as National County Government Week in Lake County.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved the appointments of Ms. Jean Kaminski, as out of district representative for District No. 5; and Mr. Mike O'Reilly, as representative of District No. 5, on the Lake County Charter Development Committee.

It was noted that the first meeting of the Lake County Charter Development Committee would be scheduled in the near future.

COMMISSIONERS

Commr. Cadwell announced that he would not be present for the Student Government Day Mock Board Meeting due to a commitment in Tallahassee.

RECESS & REASSEMBLY

At 1:10 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.

STUDENT GOVERNMENT DAY MOCK BOARD MEETING

The following students and schools were represented at the Student Government Day Mock Board Meeting:

Sandy Minkoff, County Attorney Michael Patterson

Leesburg High School



Sue Whittle, County Manager Amy Stone

Umatilla High School



Commr. Rhonda Gerber - District No. 1 Elizabeth Meade

Leesburg High School



Commr. Bill Good - District No. 2 Adrian Manley

South Lake High School



Commr. Richard Swartz - District No. 3 Todd Westrick

Tavares High School



Commr. Catherine Hanson - District No. 4 Jennifer Romer

Mount Dora High School



Commr. Welton Cadwell - District No. 5 Stephanie Finger

Eustis High School



Craig Haun Jeffrey Deardorff

Director of Fire & Emergency Services South Lake High School



Russ Giesy Pamela Pell

Ag Extension Agent Lee Education Center



Mike Anderson Stacy Gaskins

Director, Facilities & Capital Improvements Umatilla High School



Jim Stivender, Jr. Laura Harper

Director, Public Services Tavares High School



Fletcher Smith Amanda Morehead

Director of Community Services Eustis High School



Don Post Brennan Taylor

Director of Solid Waste Management Mount Dora High School



The students addressed a Rezoning case, Citizen Question and Comment Period, approval to advertise a proposed Gun Ordinance; and a Road Vacation Petition.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:15 p.m.



___________________________________

WELTON G. CADWELL, CHAIRMAN





______________________________

JAMES C. WATKINS, CLERK



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