A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 25, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, June 25, 1996, at 9 a.m., in the Board Meeting Room, Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Rhonda G. Gerber; G. Richard Swartz, Jr.; and Catherine C. Hanson. Commrs. not present at the meeting: Commr. Good (due to illness). Staff members present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava Kronz, BCC Office Manager; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

It was noted that there were no changes to be made to the agenda.

MINUTES

Discussion occurred regarding the Minutes of May 28, 1996, with the following amendments being made:

Page 42, Line 3 - Add: "without prejudice"

Line 6 - Add: "and if another site can be located, to allow the fees that have been paid on this site to be used with another site during the next year."



On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Minutes of May 28, 1996, Regular Meeting, as amended.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 4-0 vote, the Board approved the Minutes of June 4, 1996, Regular Meeting, as presented.

Commr. Good was not present for the meeting.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, with Commr. Good not being present for the meeting, the Board approved the following requests:



Accounts Allowed/Bonds/County Employees/Human Resources

Request for approval of reclassification/upgrade of the position of Sign/Striping Supervisor to Area Maintenance Supervisor in the Department of Public Services, Engineering Division, Traffic Operations, at a fiscal impact of $8,296.00.



Accounts Allowed/Human Resources



Request for approval of transfer of funding for the position of Human Services Coordinator from the Department of Community Services, Human Services Division, Administration to the Department of Community Services, Human Services Division, Americorps Lake at a fiscal impact of $33,438.00.



ADDENDUM NO. 1

REPORTS - COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, informed the Board that the Powell vs. Lake County trial had begun in Jacksonville. He stated that the County had paid all that it could pay in the case. The insurance company, who was now responsible for the rest of the attorney's fees and any damage award should it come from the court, had requested that the Board give them the authority to settle during the trial, if they determined it was in their best interest to settle. He noted that this was the case where the Board had so far refused to extend any offers. Mr. Minkoff felt it would be prudent to allow them to settle the case with their money, if they felt they could get a favorable settlement, or the trial had gone very badly for the County's position.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4-0 vote, the Board approved the recommendation from the County Attorney, which would give the insurance company the authority to settle during the trial of Powell vs. Lake County.

Commr. Good was not present for the meeting.

REPORTS - COUNTY ATTORNEY

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PROPERTY APPRAISER

Mr. Sandy Minkoff, County Attorney, informed the Board that the Value Adjustment Board (VAB) would be handled a little differently this year. The homestead and agricultural exemption denials would be heard on August 1 and 2, 1996, and on October 2, 3, and 4, 1996, the property assessments would be heard. The Board needed to appoint three Board members to sit on the VAB. Last year there had been some discussion about charging a $15 filing fee on the valuation petitions. The Clerk and Property Appraiser were not in favor of charging the fee feeling that it would cost almost as much to collect and administer it, as it would net from it. Mr. Minkoff noted that the VAB would determine if there would be a fee, not the Board of County Commissioners.

Mr. Ed Havill, Property Appraiser, addressed the Board and stated that the Florida Statutes required that a $15 fee be charged to people who filed late for homestead, and agriculture exemptions. He recommended that the VAB not charge anyone to be heard by the VAB outside of the requirements of State law.

Mr. Minkoff stated that last year there were approximately 200 petitions, and the County would have collected approximately $3,000. The law provides that, if the Board overturned the exemption, or reduced the assessment, the $15 fee would be refunded. The mechanism and the expense of collecting it would outweigh any financial benefit that the County would get from collecting it.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved August 1 and 2, 1996, as dates for the Value Adjustment board to hear requests regarding agricultural and homestead exemptions.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the appointment of Commr. Good, Commr. Cadwell, and Commr. Hanson to the Value Adjustment Board.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved October 2, 3, and 4, 1996, as dates for the Value Adjustment Board to hear requests regarding property assessments.

Mr. Havill discussed the applications that were filed last year by tax representatives and how their appearances had been scheduled before the VAB. He recommended that the VAB not charge any fee outside of the State law requirement.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved to recommend to the Value Adjustment Board not to charge any fee above what was required by State law.

Commr. Good was not present for the meeting.

PUBLIC HEARINGS/TIMES CERTAIN

ROAD VACATIONS

PETITION NO. 805 Raymond & Betty Richardson - Wildwood Street)

Mr. Jim Stivender, Director of Public Services, briefed the Board on the history of this particular request for vacation. He stated that staff had previously been opposed to the vacation of Wildwood Street, due to the access to the Lady Lake area. He explained that the rights-of-way for Wildwood Street and Lakeview Street extended to Rolling Acres Road. The other road in question was West Lady Lake, with all three roads running east and west. If at some time in the future, the Town of Lady Lake was interested in extending its pavement to Rolling Acres Road, because it was a parallel road, it could qualify for impact fees. Mr. Stivender stated that he had a letter from the Town of Lady Lake indicating no opposition to the closing of Wildwood Street, as long as Lakeview Street remained opened. He noted that letters of opposition had been received from Clark and Sara Parker, Phil and Linda Anderson, Arthur Lent, Vernon Goney, Vernon Ray Goney, and phone calls in opposition had been received from Mary Grinstead, Janene Miller, and Earl Windsforst. A letter in favor of the request was received from James Tyler, and a phone call had been received from Crown Place, National Crown Enterprises, in favor of the request. The subdivision was serviced by utilities and pavement from the Town of Lady Lake. Based on the planning area of Lady Lake and the letter received from the Town of Lady Lake, staff was recommending the vacation of Wildwood Street, with Lakeview Street remaining open.

Commr. Swartz questioned the public purpose for closing the road, with Mr. Stivender responding that he had discussed with Mr. Bob McKee, Town Manager, the duplication of parallel roads that were in such close proximity to one another.

Discussion occurred regarding the Lake County property that was located in the same proximity of the property in question, which was being used by the public for dumping of garbage.

Commr. Cadwell opened the public hearing portion of the meeting.

Mr. Steve Richey, Attorney representing the applicant, addressed the Board and explained that, if the Board did not approve to vacate, and the applicants were to move their fence to the property line, the Board was going to have a dangerous situation, because the easement that would remain would cause any vehicular traffic to be precarious, with regard to the County's land. The burden would then be on the County to spend substantial sums of money to stabilize and preclude this kind of public danger. By vacating and precluding utilization of it, from the County's perspective, would be minimizing the public danger. The second reason for vacating would be to minimize the dumping of garbage on the applicants' property, as well as on the County's property. Mr. Richey informed the Board that Mr. Richardson, the applicant, was present in the audience.

Mr. Arthur Lent addressed the Board and presented a map, which showed his four homes, and the access to each one. Mr. Lent explained that he had not been in opposition to Mr. Richardson building a house on his property two years ago, as long as Wildwood Street was still passable and was not damaged. Mr. Lent's main concern were the roads and access to his property. He explained the difficulty in receiving fire and emergency services, due to conditions of access roads.

Mr. Stivender explained that the lots that currently exist would have no legal access, after the vacation of Wildwood Street, and the lots would be vacated as part of the plat. Mr. Lent would retain ownership, but there would no longer be individual lots in the plat. He further explained that none of the roads were County maintained.

Mr. Lent explained that all four lots had the same ingress and egress from Wildwood Street and Groveview Street to Lakeview Street. He noted that Lot #4 faced Highland Street and Lot #3 faced Wildwood Street. Mr. Lent stated that he discussed the vacation with the Town of Lady Lake, who had not been informed of the entire situation about the homes.

Commr. Cadwell stated that Mr. Richardson would be moving his fence, no matter what action was taken today, and this would cause a very serious safety problem at the beginning of Rolling Acres Road.

Mr. Baggett addressed the Board and stated that he owned Baggett Estates, which was located east of the proposed closing. He stated that there were two subdivisions in this area, Baggett Estates and Crestwood Manor, and if Wildwood Street was closed, there would be no bypass going north or south. Mr. Baggett also consulted with the Town of Lady Lake regarding the proposed vacation.

Mr. Richey stated that, in his discussions with the Town of Lady Lake, it was determined that less people would be disturbed, if the northern road was the route to Rolling Acres, which was one of the reasons why it did not oppose Wildwood Street being closed. Mr. Richey stated that there were signs posted for 30 days regarding the vacation. He further stated that the applicant had no desire to interfere with Mr. Lent getting to his lot. If the Board vacated only a portion of it, to provide him access into his lot, and the County maintained it, it would be all right with the applicant. He stated that there would be no interference with anyone moving in and out of the lots.

Mr. Richardson, applicant, addressed the Board and explained that his nephew has the fence that was setback from the line of the property. He explained that he had been cleaning garbage along the roads since he has owned the property, and there was no access to any home off of Wildwood Street. All of Mr. Lent's property accessed off of Groveview Street. Mr. Richardson explained that, because of the condition of Lakeview Street, there was no way that an emergency vehicle could travel down it, nor Wildwood Street. The two subdivisions, as referred to by Mr. Baggett, access to the highway from Lady Lake Boulevard. Mr. Richardson informed the Board that there were weapons being fired in the County's pit.

Commr. Cadwell called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Hanson stated that the Board could vacate all of Wildwood Street, because Mr. Lent would own one half of it, and he would be able to give easement rights back to Lot #3.

Commr. Cadwell stated that, if the Board did not close the road, it should consider closing it to vehicular traffic, because of the continued dumping, and when Mr. Richardson moves his fence, there was going to be a safety problem, in regards to the County's borrow pit. He stated that there were safety problems and health problems with the dumping, so as long as the County could assure Mr. Lent of the 30 feet off of the right-of-way, he could provide access to Lot #3. The request was in his district, and he felt the Board should approve the closing.

Commr. Swartz questioned the public purpose for the closing, with Mr. Stivender responding that there was duplication of services, because of the two parallel roads.

Commr. Swartz stated that the County had closed enough of Highland Street that it was impassable, and there were problems on Groveview and Lakeview. He did not like to see the Board close roads, even if they were not necessarily perfect roads, because there may be a need for future use of those roads. If there was a problem with land that the County owned that posed any type of safety hazard, he would have assumed that Public Services would have brought it to the attention of the Board, with or without closing the road. Commr. Swartz stated that this area was going to continue to develop, and he did not like to see the County close roads that provided cross connections.

Commr. Gerber stated that she had inquired about the cleanup of the County property, and there seemed to be no mechanism in place to do the cleanup.

Mr. Sandy Minkoff, County Attorney, explained that, when there was dedicated right-of-way and all the County vacated was the public right, private owners who have been using it would still have a private right, even after the County vacated, but they would have to establish this in court.

Commr. Hanson questioned what the public good would be to leave the road open, when dumping was the major reason for the vacation. The public good would be, if Groveview was impassable, it would offer an alternative in high water.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 3-1 vote, the Board approved Road Vacation Petition No. 850 by Raymond and Betty Richardson to vacate road (Wildwood Street), Lee and Stevens Addition to Lady lake, Sec. 20, Twp. 18, Rge 24, Lady Lake area - Commissioner District 5.

Commr. Swartz voted "no", and Commr. Good was not present for the meeting.

RECESS & REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would recess for ten minutes.



REPORTS - COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/UTILITIES

Mr. Sandy Minkoff, County Attorney, addressed the Board to discuss and determine the contribution to be made by Lake County, in regards to the Public Private Partnership Agreement between the County and Lake Groves Utilities, for outstanding invoices, and to request approval to transfer funds from Contingency to Department of Growth Management for payment of outstanding invoices. Mr. Minkoff pointed out that there were two parts to the request, the budget transfer, which was separate and independent from the question, and the question of how much a reimbursement was the County to get from Lake Groves Utilities. These were financial management legal and engineering services authorized by the County, in connection with the public private partnership, which had been planned in south Lake County. Because of the Internal Revenue Service ruling, the partnership could not go forward and the agreement was terminated. The three consultants were entitled to be paid at this point. Initially the discussion with Lake Groves Utilities and Mr. Bob Mandell indicated that they would be responsible for a portion of the costs for the consultant services. Mr. Minkoff stated that, after looking through the County files and reviewing the minutes, there was never a written agreement. After consulting with Mr. Bob Mandell, his recollection was that they would pay one half of the costs up to a maximum of $37,500. Some of the County's notes had indicated that Lake Groves Utilities would pay one half of the costs.

Commr. Swartz stated that, in the March 25, 1994 memorandum attached to the backup material, it indicated that Greater Corporation had agreed to pay 50 percent of the costs, and the Board had a maximum liability of 50 percent. He did not recall any cap in the discussion for Greater Corporation. Commr. Swartz stated that he did not support the project largely for the reasons the IRS denied it, and he believed the County's obligation was 50 percent.

Mr. Minkoff stated that the County's obligation was to pay the entire bill. The County contracted for the services, so the only issue was the obligation of Lake Groves Utilities to the County.

It was noted that there was no one present at the meeting from Lake Groves Utilities.

Commr. Swartz stated that a motion to authorize that the County expend the sum of money to pay those who contracted up to 50 percent would accomplish payment up to 50 percent. He questioned how the County obtained the obligations that were before the Board, because he did not remember any contract coming back to the Board.

Mr. Minkoff explained the contracted obligations and stated that the issue was on the agenda, because he had no way to resolve it without bringing it to the Board's attention.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 4-0 vote, the Board authorized staff to pay those bills that had been properly contracted for and had been reviewed for their correctness, and to advise, by letter or other means, Lake Groves Utilities of the 50 percent balance due to the County.

Commr. Good was not present for the meeting.

PUBLIC HEARINGS - REZONINGS

Ms. Sharon Farrell, Sr. Director, Department of Growth Management, informed the Board that there had been a request this morning for a postponement of Case MSP#96/3/4-2, Schoolhouse Lake Groves Inc., and staff was in favor of the request. A FAX had been received from the engineer requesting a postponement, so that he could return to the Technical Review Committee (TRC) with an amended plan and provide additional information to the Environmental Management review staff. Ms. Farrell stated that the request had been presented to the Planning and Zoning Commission, but there was still some information pending, and staff was not

comfortable with their access, and they were going to come back and change the application to meet some of the concerns. Staff had not changed its opinion of the request, as far as whether it was going to recommend denial or approval, but it did want to postpone the request today and have a chance to take it back to staff and Planning and Zoning.

CASE: BCC Variance PH#32-96-5 United States Postal Service

Robert D. Hoenshel

Mr. Don Griffey, Director of Engineering, addressed the Board and explained the request for a variance of Section 9.05.05 (B) "Minimum Connection Spacing and Median Openings - Other Access Management Techniques" driveway spacing section of the access management requirements. He stated that County Road (CR) 25 was classified as a major collector, and therefore, it fell under the County's access management standards. He further stated that staff had been working with the post office representatives, but their wishes could not be resolved. Mr. Griffey reviewed the site plan that had been submitted to staff, and the access points designated for customers and employees, and stated that the spacing standards and the speed limits that would be posted required 440 feet of spacing for driveways, and this plan could not meet the spacing criteria. Staff had proposed an alternative that would utilize the area where the railroad used to be, in an attempt to limit the number of connections and provide a cross access to the adjoining properties to the north and south. Mr. Griffey stated that staff suggested taking the same layout and shifting it to the west and putting in a frontage type road with a single access off of CR 25, with the accesses being segregated off of the frontage road. The proposed post office would be comparable in size and scope to the one in Leesburg.

Mr. Jim Stivender, Director of Public Services, stated that, if the applicant could develop an access as part of the master planning of the site, it would help the City Hall, the post office, and anyone in the general area in keeping traffic off of CR 25.

Commr. Cadwell opened the public hearing portion of the meeting. It was noted that no one present wished to speak in opposition to the request.

Mr. Robert Hoenshel, an architect from Jacksonville representing the post office, addressed the Board and stated that there was a 35 foot drop across the rear of the site. There was a concern that this could be a potential sink hole and additional borings would have to be done, if the construction had to be moved. In the communication between Mr. Griffey and Mr. Hoenshel's office, it was noted that, because of the way the post office worked, they did not feel there was a danger in the community with the two driveways, because the postal trucks that deliver the mail, and the postal carriers, would be coming to the facility during off hours of the night. He noted that the post office box lobby would be open 24 hours a day. Mr. Hoenshel stated that the illustration from the Department of Transportation (DOT) showed the turning radius for a 55 foot trailer truck that would be delivering the mail. In order for this to work into the scheme offered by Mr. Griffey's office, it would require more than the 17 foot roadway easement widening, and the 24 foot service road being proposed. Mr. Hoenshel discussed the proposed plan prepared by the engineer and stated that, by putting in the single driveway, it would require the post office to give up approximately 110 feet of property on the frontage to allow the access road to be installed, and to get the proper turning radius for a truck coming south on CR 25 to make the U-turn to come back to go into their access drive in the back. Mr. Hoenshel explained that other alternatives were discussed and stated that he only had conversation with the County, not the Town of Lady Lake. He noted that, on July 11, 1996, the project would be going to bid, with construction beginning a month afterwards.

Commr. Swartz stated that, after the outcome of the meeting today, it was important that the post office contact the Town of Lady Lake to try and make some planning for the proposed road for access, and he felt that there might be other alternatives, some of which might involve adjacent property owners, or redesigning, and it might not be what staff had recommended.

Commr. Cadwell called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Cadwell stated that the request was in his district, and he was not in favor of the variance.

Commr. Gerber made a motion, which was seconded by Commr. Swartz, to deny the request for a variance of Section 9.05.05 (B) "Minimum Connection Spacing and Median Openings - Other Access Management Techniques" driveway spacing section of the access management requirements.

Under discussion, Commr. Swartz reaffirmed that it was important that the County work with the applicant, the post office, and the Town of Lady Lake to try and figure out something that would work best for the long term.

The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.

Commr. Good was not present for the meeting.

CASE: MSP#96/3/4-2 MSP to R-1 Schoolhouse Lake Groves

Mike Mahoy

Ms. Sharon Farrell, Sr. Director, Department of Growth Management, presented the request for a Mining Site Plan in R-1 (Rural Residential) for excavation as a soil borrow pit. She reiterated that there had been a request for a postponement received earlier this morning from the applicant. Ms. Farrell noted that the applicant and engineer were aware of the scheduled meeting today. Staff had informed them that it would be in their best interest to postpone the request and take their plans back to the Technical Review Committee (TRC).

Commr. Cadwell opened the public hearing portion of the meeting. It was noted that the applicant, nor his representative, was present for the meeting.

Mr. Jimmy Crawford, Attorney, addressed the Board and stated that he was present in behalf of Mr. Bob Davis and several of his partners that owned a proposed subdivision that was annexed in the City of Minneola approximately 1 1/2 miles to the south on Apshawa Road. Mr. Crawford stated that he was not opposing the postponement, but he wanted to point out that, if the Board decided, in its discretion, to grant the postponement, it would be above and beyond the call of duty. The application had been filed months ago; the County had requested additional information, which they failed to supply and the County postponed the request; and the request went to the Planning and Zoning Commission without the sufficient additional information, and they failed to appear, and they had received a recommendation for denial. A letter was sent informing them of the recommendation, as well as a request for additional information, and they failed to respond, until a faxed letter was received yesterday afternoon asking for a postponement.

Mr. Robert O'Connor, Assistant Superintendent of the Lake Correctional Institution, addressed the Board and explained that he did not want to speak for or against the issue, but to explain his posture in the request. Mr. O'Connor stated that the applicant had represented from the beginning that he was seeking the sand mine in order to supply fill to the Institution. He explained that he did not know this person and had no connection with him, and the Institution did not need a million yards of fill. Mr. O'Connor stated that the Institution was in the process of re-permitting some buildings to be built on the property, which would require no fill. He explained that the owner and his partner had approached them last week and informed them that they had lost their zoning request and asked if they wanted to buy the property from them.

Ms. Farrell clarified that a letter was sent to the applicant last week indicating that staff would be presenting the request today, and it would be in their best interest to appear at the public hearing.

Commr. Cadwell called for further public comment. There being none, the public hearing portion of the meeting was closed.

Ms. Farrell noted that the request for postponement would be for 30 days.

Commr. Swartz addressed the cover sheet of the agenda, which indicated that the request had been originally scheduled for March 26, 1996. In reading the staff review, from a land use perspective, Commr. Swartz stated that he did not see a reason to postpone a decision on the case, and he would like to hear it.

Mr. Jeff Richardson, Planner III, Development & Regulation Services Division, addressed the Board and stated that the applicant, prior to the Planning and Zoning Commission meeting, had submitted the additional environmental information. The Environmental Management Department had not had a chance to review it; however, from the previous month, there had been a recommendation for denial, so it was brought to the Planning and Zoning Commission with an incomplete information packet from Environmental Management. He stated that, since that time, Environmental Management had reviewed the information and had found it to be sufficient to this point; however, from a land use perspective, staff was still looking at it as an inappropriate use.

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant, nor a representative, was present in the audience.

Mr. Jimmy Crawford, Attorney, addressed the Board and stated that, for the record, he would stand on the Planning and Zoning Commission minutes. He understood that the environmental concerns might have been addressed, but the land use concerns still remained.

Commr. Cadwell called for further public comment. There being none, the public hearing portion of the meeting was closed.

Mr. Sandy Minkoff, County Attorney, clarified that staff had recommended that the applicant had asked for a postponement, and the applicant failed to appear. Therefore, he did not feel it would cause a problem with due process.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board upheld the recommendation of staff, as well as the Planning and Zoning Commission, and denied the request for a Mining Site Plan in R-1 (Rural Residential), for the excavation as a soil borrow pit.

Commr. Good was not present for the meeting.

OTHER BUSINESS

The Board acknowledged the issuance of the following vested rights determinations:

Ordinance No. 78-87 (American Seagull, Inc.)

Vested Rights Issued 6/04/96



Lake County denies any vested rights associated with Ordinance 78-87 (Public Hearing No. 173-87-1)



ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENT BUSINESS

EDUCATION/PLANNING & DEVELOPMENT

Ms. Sue Whittle, County Manager, discussed the issue regarding the school impact fee associated with a "retirement community" before and after July 1, 1996. Ms. Whittle explained that the past impact fee ordinances had a $43 rate for single family, $90 for multifamily and $8 for mobile homes in retirement communities. The new impact fee ordinances did not set a figure, so as of July 1, 1996, there would not be an established figure. The language indicated that the school impact fee would be set based upon information supplied by the developer, approved by the County Manager, with input from the School Board. She felt it would be desirable to have a set fee and suggested that a $63 rate be set for multifamily and $77 for single family and mobile homes. She stated that this would be the new one bedroom rate for multifamily and mobile homes respectively.

Mr. Sandy Minkoff, County Attorney, clarified that this would be a type of default action where anyone could choose to pay the rate, or they would have the right to do a study and prove some other rate for their particular development. This would eliminate their requirement to do a study to get a lower rate.

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.

Ms. Cecelia Bonifay, Attorney representing Lennar Homes, addressed the Board and stated that Lennar Homes was developing a project, Kings Ridge, and it was a unique situation in that, although they were originally approved by the County, they were now in the City of Clermont. The County collects all of the impact fees in that area and issues all of the building permits. It had been clarified that these rates would be used, unless an applicant came in and wanted to undertake a study, to be presented to the County and approved by the County Manager and County Attorney. She stated that her client would probably utilize this option and prepay a number of their permits. However, they currently had 26 permits pending in the process. They had submitted their deed restrictions, as required by the ordinance, which have to be approved by the County Attorney. In March, when they did the plat, there was some confusion about the restrictions being forwarded to the County Attorney for his review, and instead they were filed as part of the platting process. She asked that the County look at any prepayments that had been done at a higher rate, in terms of a credit, and to allow them to look at this with the County Attorney's Office and perhaps a credit could be given on the others that they were going to prepay. On the 26 pending permits, the County had wanted some additional language in the deed restrictions, which she has been discussing with her client, in order to expedite the language. She suggested that age restriction, instead of being in the master documents, be an amendment that could be done as each plat for each neighborhood came in. Ms. Bonifay noted that Mr. Sal Orlando and Mr. Bing Hacker were present in the audience.

Commr. Swartz assumed that the County Attorney's Office, and the County Manager's staff, would review whatever issues Ms. Bonifay raised and would make determinations that would be appropriate, and if they had problems, they would bring them back to the Board.

Mr. Minkoff stated that, with respect to the prepayment, he felt that the County would accept the school prepayment on the basis of it being an approved adult residency even without the documents, if the documents were approved and in place, by the time the actual building permit was pulled.

Mr. Gene Molnar, liaison between the Board of County Commissioners and Lake County Schools, addressed the Board and stated that the School Board had made its position known that its needs were far greater than its means. He stated that the School Board's position was that the Board of County Commissioners would reach as high a level of fees as possible to help the School Board meet its needs. The Superintendent had been on record that he supported the concept of the impact fees. Mr. Molnar explained that any one who moved into an adult community would have the right to participate in all of the activities in the school system, and the School Board would like to see income come in from this. He felt that a $100 fee would be easier for each category. He explained that some of the adult programs were fee based, and the community education concept would continue to grow with technology, and the retirement communities.

Commr. Swartz stated that it may take a study done by the school system to show that fees greater than what was being proposed by staff could be justified based on the utilization of those programs and including those fees collected.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved staff's recommendation regarding the payment of impact fees and retirement community projects ($63 rate for multifamily and $77 for single family and mobile homes, which would be the new one bedroom rate for multifamily and mobile homes respectively), as indicated in the memorandum dated June 20, 1996.

Commr. Good was not present for the meeting.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/FIRE & EMERGENCY SERVICES

COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the appointment of Monica Connolly to replace Ray Gilley as the Business Community representative on the Fire Rescue Advisory Board.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the appointment of Arthur J. Ward to the second at-large position on the Fire Rescue Advisory Board.

Commr. Good was not present for the meeting.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ENVIRONMENTAL PROTECTION

Commr. Cadwell requested that the Board postpone the appointment of individuals to fill the positions of Citizen Representative and Agriculture Representative on the Lake County Environmental Protection Board, until he had the opportunity to speak further with the applicants.

REPORTS - COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, requested that the Board meet in a closed session at the next Board meeting to talk about a settlement offer that had been presented to the County, in the Bass vs. Lake County Workers' Compensation Claim.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved to meet for a closed session on July 9, 1996, at 1:30 p.m.

Commr. Good was not present for the meeting.

REPORTS - Commissioner Gerber - District #1

ELECTIONS

Commr. Gerber commended the Supervisor of Elections, Ms. Emogene Stegall, and her staff on handling the amount of petitions that had gone through her office in the last three or four months during the relocation of her office.

Commr. Swartz requested that the County Manager work on the schedule that was proposed for the Supervisor of Elections, to either speed up the renovations in that area and get her back timely, so that it was satisfactory before the first primary, or move her at such time that it would not impact her during the first or second primaries.

REPORTS - Commissioner Cadwell, Chairman and District #5

COMMISSIONERS/MEETINGS

Commr. Cadwell stated that he would be attending the Clermont City Council meeting tonight representing the Board, in regards to the modular unit.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Cadwell informed the Board that Mr. Dan Lynch had been elected as the new president to the Economic Development Commission of Mid-Florida, Inc. He presented each member with Mr. Lynch's biography.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:35 a.m.



WELTON G. CADWELL, CHAIRMAN

ATTEST:





JAMES C. WATKINS, CLERK

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