A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 19, 2009

The Lake County Board of County Commissioners met in regular session on Tuesday, May 19, 2009 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Jimmy Conner; Elaine Renick; and Linda Stewart. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; Neil Kelly, Clerk of Court; and Susan Boyajan, Deputy Clerk.

INVOCATION

Dr. Thomas Jamieson, First Baptist Church of Mount Dora, gave the Invocation and led the Pledge of Allegiance.

Agenda update

Ms. Cindy Hall, County Manager, stated that she wanted to pull and postpone for two weeks the request for authorization to move forward with a solar panel project with a grant that was part of the stimulus package in Tab 6, so that they could do more due diligence regarding the costs and return on investment. She mentioned, however, that the parking garage was erected with solar panels in mind, so much of that was already in place.

Commr. Cadwell suggested that Ms. Hall discuss the job creation element of this with the Economic Development Advisory Committee when it meets this week.

Commr. Hill mentioned that the EDC (Economic Development Commission) has partnered with Alachua and Lake County to encourage a local Central Florida company to open a solar battery plant that was erected years ago but never opened. She was concerned that they pulled Tab 6, since she discussed that with the EDC this week and was concerned about meeting the June 25 deadline.

Mr. Hall commented that she believed they would have enough time before the deadline. She also related that she also wanted to postpone Tab 15, which was the issue regarding funding projects for affordable housing that were recommended by the Affordable Housing Advisory Committee to see if they could come up with some ideas for that funding. She stated that she handed out two separate letters to Governor Crist that she would like to add under her business for discussion and possible action.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to add a discussion of those letters to the Agenda under the County Manager’s business.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to add the report of the Impact Fee Committee from last week and a request from Cagan Crossing to the Agenda.

Commr. Renick stated that she wanted to discuss under her business the Comp Plan process for next Tuesday.

Commr. Stewart mentioned that she had something to discuss regarding the Wekiva Parkway that she believed would not require a vote, but possibly consensus.

MINUTE APPROVAL

On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 14, 2009 (Regular Meeting) as presented and April 21, 2009 (Regular Meeting) as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 4, as follows:

List of Warrants

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) 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.

Central Lake CDD Proposed Budget for Fiscal Year 2010

Request to acknowledge receipt of copy of Central Lake Community Development District’s proposed budget for Fiscal Year 2010, in accordance with Chapter 190.008(2)(b), Florida Statutes.

Ordinances from the Town of Lady Lake

Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows;

Ordinance No. 2007-02 (Voluntary Annexation)

Ordinance No. 2007-03 (Comprehensive Planning)

Ordinance No. 2007-12 (Redesignating Zoning Classification)

Ordinance No. 2007-34 (Voluntary Annexation)

Ordinance No. 2007-35 (Comprehensive Planning)

Ordinance No. 2007-36 (Redesignating Zoning Classification)

Ordinance No. 2008-17 (Voluntary Annexation)

Ordinance No. 2008-18 (Comprehensive Planning)

Ordinance No. 2008-19 (Redesignating Zoning Classification)

Ordinance No. 2008-29 (Amending Code of Ordinances)

Ordinance No. 2008-31 (Permitting Additional Uses under Planned Commercial)

Ordinance No. 2008-32 (Permitting Additional Uses under Planned Commercial)

Ordinance No. 2009-01 (Adopting 7th Amendment to Amended DRI Development Order)

Ordinance No. 2009-02 (Amending Comprehensive Plan)

Ordinance No. 2009-03 (Amending Water Conservation Rule for Landscape Irrigation)

Ordinance No. 2009-04 (Amending Code for Water/Wastewater/Reclaimed Water Impact Fees)

Country Club of Mount Dora CDD Proposed Operating Budget for Fiscal Year 2010

Request to acknowledge receipt of Country Club of Mount Dora Community Development District’s Proposed Operating Budget for Fiscal Year 2010 in accordance with Chapter 190.008(2)(b) of the Florida Statutes, and notice of the public hearing for August 6, 2009 at 8:30 a.m. at the Country Club of Mount Dora Community Center, 1400 Country Club Blvd., Mount Dora.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 12, pulling Tab 6, as follows:

Community Services

Request for approval of the agreement between Mid Florida Community Services, Inc. and the Lake County Board of County Commissioners for the provision of transportation services.

Request for approval for staff to submit an application for the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant Program for FY 09-10 as well as the supporting Resolution No. 2009-68.

Request for approval of the FDOT Section 5311 American Recovery and Reinvestment Act Grant Award of fourteen (14) paratransit vehicles and authorization to purchase the vehicles under the State of Florida Trip Program and its supporting Resolution No. 2009-69.

Procurement

Request that the Board 1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.

Public Works

Request for approval to advertise for bids for CR-437 Intersection with #4583 Wolf Branch Road Project No. 2009-09 at an estimated cost of $788,569.00 from Road Impact Fees Benefit District 2 Fund. Commission District 4.

Request to advertise for bids for #5771 Bates Avenue Project No. 2009-08 at an estimated cost of $1,570,000.00 from Road Impact Fees Benefit District 2 Fund. Commission District 4.

Request for authorization to release a letter of credit for maintenance in the amount of $44,259.00 posted for Eagles Point Phase II. Eagles Point Phase II consists of 24 lots and is located in Section 7, Township 19 South, Range 26 East. Commission District 5.

Request to approve and accept the attached list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects (Commission Districts 4, 5).

Request to approve and execute a purchase agreement with Uniflora Overseas Florida, Inc./Holiday Foliage, Inc., for the purchase of a parcel of land for a water retention pond and right of way, in conjunction with the CR 470/48 Road Project in the Leesburg area. Commission District 3.

COUNTY ATTORNEY’S CONSENT AGENDA

On a motion by Commr. Renick, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 13 and 14 as follows:

Request for approval of Mediated Settlement Agreement with Robert D. Waite and Marsha G. Waite for needed right-of-way for the completion of CR 466-Segment B Road Widening Project and Chairman to execute necessary closing documents. Commission District 5.

Request for approval of letter of termination regarding the Parking Agreement with St. John Free Methodist Church for the Church's parking lots located on Bloxham Avenue and Maud Street. Commission District 3.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

community services

application for neighborhood stabilization program 2

Mr. Bill Gearing, Community Enhancement Coordinator, stated that the Neighborhood Stabilization Program 2 was just announced on May 4, and the purpose was to assist in the redevelopment of abandoned and foreclosed homes. He pointed out that this program was totally competitive, with all of the cities, counties, and nonprofits eligible to apply for part of the $1.9 billion program that is available. He related that there were certain thresholds that an application had to meet to apply, one of which was the requirement to complete at least 75 eligible housing activities under the plan in the last two years. Another requirement was that an applicant had to have a need score of at least 18 in any of the census tracts that the funding would be applied to. He specified that Lake County scored 28 out of 31 census tracts in the County, and only one of those tracts does not have an 18 in at least the foreclosure or the vacancy scores. He commented that HUD was recognizing that almost all of Lake County was an area of greatest need. He stated that the three areas that they were looking to use their NSP1 funding in, which were Clermont, Leesburg, and Eustis were still there, plus they have some new high-scoring areas of greatest need, including the Umatilla/Altoona Area, Bassville Park, Sorrento, Mount Plymouth, and Mount Dora. He explained that if their request to submit an application for this funding was approved, they would form a partnership with Habitat for Humanity, Homes in Partnership, and the Eustis/Leesburg Housing Authorities to submit their application. He specified that the minimum application had to be for $5 million to redevelop 100 homes, and they were sure they would be able to do that. He noted that this application was due July 17.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 16, the request from Community Services for approval to submit an application to the U.S. Department of Housing and Urban Development to receive funding under the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment Act of 2009.

community development block grant recoverY act funding

Mr. Gearing explained that their Community Development Block Grant (CDBG) Recovery Act funding was an additional allocation to their normal CDBG entitlement allocation for this year, which was coming from the American Recovery and Reinvestment Act. He stated that HUD was requiring that the normal amendment process was followed to add these funds to their CDBG program, but at a much accelerated pace. He reported that the notice was released on May 5, and the required advertisement was scheduled for Sunday, May 24 in the Orlando Sentinel, so that it is available for public comment for at least seven calendar days. They planned on having the public hearing and the final approval from the Board for this plan on June 2, and the amended plan has to be at the HUD Jacksonville office by June 5. He explained that the normal CDBG rules would apply, except that the projects must also achieve the Recovery Act purposes and to be quickly implemented. He related that they had until September 30, 2012 to expend the entire allocation, and HUD would take back anything that the County did not expend. He went over the projects that the allocation of $263,083 would be used for, and stated that the Camp Challenge sewer line project was actually a Community Enhancement Area project application, but it fit those guidelines perfectly. He specified that they would replace over 3,000 feet of deteriorating sewer lines that ran between the buildings, and they wanted to open the facility up for use more to the County and the local communities there. He stated that the Astor Road paving project was also a Community Enhancement Area application, but it was part of the infrastructure issues that were documented by Public Works in the Astor Flood Study. He noted that the initial design was already done, and they already have a St. John’s Water Management District permit that would be needed to do this project. He informed the Board that the Women’s Wellness Center allocation was additional funding needed to move the currently rented facility in Leesburg into the former Leesburg Health Clinic on Griffin Road, which was a County-owned building. He mentioned that the Board has already authorized them to move some of their CDBG allocation from last year of uncommitted CDBG funds to this project. He also reported that the City of Tavares wanted to develop a community park; Lady Lake was looking to continue some road resurfacing that they were already doing with their regular CDBG allocation for this year; Montverde was looking to do improvements in Kirk Park; and Astatula wanted to put in some new sidewalks. He pointed out that he has budgeted 7 percent for administration costs, but they were allowed to use up to 10 percent of their allocation. He estimated that these projects would retain about 66 jobs in the County and would probably create three new jobs, and he commented that these projects should all be done by the end of 2011.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 17, the request from Community Services for approval of proposed uses of Community Development Block Grant – Recovery Act funding and for Community Services staff to advertise the proposed uses for public comment.

return of unencumbered tornado/disaster assistance funds

Mr. Fletcher Smith, Community Services Director, explained that Tab 18 concerned the return of any unencumbered funds that they received in October of 2007 to provide services for the victims of the Groundhog Tornado. He related that they had to have those funds encumbered by the end of June 2008, and they have been able to expend and encumber a little over $2.8 million, but they still had $345,000 that they were still spending on several projects that should be finished by the end of June, which was their deadline for expending the funds that were previously encumbered. He reported that the State has asked them to return the unencumbered portion which was a little over $1.7 million that it could be redistributed statewide, and they will know the final amount to be returned by the end of June after taking into consideration administrative costs.

Commr. Conner inquired about the necessity of reconciling program and administrative funds.

Mr. Smith responded that when they began the program, they hired staff to contact the 226 homeowners that received damage from the tornado and had four public meetings. He mentioned that they were able to replace 17 houses, do five housing rehabilitations, and assist three home owners with the insurance deductible. He stated that it appears that they overexpended their administrative dollars by about $50,000 to $70,000 over what they were allowed to use based on the funding that was encumbered and expended, which was $2.8 million.

Commr. Renick commented that there should be some kind of policy in place to ensure in the future that the administrative fees would stay in line with what they were able to encumber.

Mr. Smith apologized for the overexpenditure and explained that the problem was caused by a failure to communicate between the Division Director who was tracking the expenditures and the program manager who was running the program. He also pointed out that it was a requirement of the State that they have a policy and established procedures for that in place.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 18, the request from Community Services for authorization to return unencumbered Tornado/Disaster Assistance Funds in the amount of $1,665,193 to the Florida Housing Finance Corporation.

growth management

advertising of revisions to lcc, chapter 22, impact fees

Ms. Angi Thompson, Development Processing Manager, stated that this agenda item was approval for a request to advertise an ordinance that primarily changes administrative provisions in Chapter 22, which governs impact fees.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 19, the request from Growth Management for approval to advertise revisions to LCC, Chapter 22, Impact Fees.

other business

appointments to parks, recreation and trails advisory board

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board appointed the following individuals to upcoming vacant positions on the Parks, Recreation and Trails Advisory Board to serve two-year terms beginning May 20, 2009, as follows:

District 1 – Mr. Hugh Davis (reappointment)

District 3 – Mr. David Clutts (reappointment)

District 4 – Mr. Kenneth “Skip” Weld (reappointment)

District 5 – Mr. Todd Luce

REPORTS – COUNTY MANAGER

proclamation in support of the 2010 census

Ms. Hall commented that they have a very active committee representing those throughout the entire community serving on this committee to promote awareness of the census that will be coming on April 1, 2010.

Commr. Hill expressed concern that there was a low participation in the census and stated that it was important for the County to have a greater amount of participation and be proactive in this effort, because a lot of the funding and the grants were dependant on it.

Ms. Hall responded that they have a number of subcommittees that were formed at the suggestion of the census people, and they are actively looking at ways that they can promote the census and create awareness, and she would bring those ideas back and present them to the Board once they have a solid understanding of what the subcommittees would be promoting.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2009-70 in support of the 2010 Census.

letter regarding senate bill 2080

Commr. Renick commented that she believed that Governor Crist has been very vocal in terms of wanting transparency in government, but Senate Bill 2080 takes the power away from the governing board and the people to be heard before the governing board and delegates that to staff. She opined that Senate Bill 2080 originally was a great bill, until that was inserted.

Mr. Sandy Minkoff, County Attorney, added that it would be delegated to staff only for approvals, but denials would still go to the governing board. He related that the current Statute authorizes the governing board to do this delegation, but the change in the law would require them to do the delegation. He noted that it was not just for consumptive use permits, but also for the stormwater permits, and would allow people to get stormwater permits without going to the Board, which would shorten the process to some extent.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved for the County Manager to send the letter regarding Senate Bill 2080 to Governor Crist.

letter regarding senate bill 360 and house bill 227

Ms. Hall related that Senate Bill 360 has to do with transportation concurrency, and House Bill 227 would put the burden of proof on local governments related to impact fee costs.

Commr. Cadwell commented that he did not agree with the threshold that was set in Senate Bill 360.

Mr. T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization (MPO) stated that Senate Bill 360 would very detrimentally affect the two-year transportation concurrency system that they have in place that was working in Sumter County, Wildwood, and all the Lake County municipalities. He commented that even though some of their communities were moving in a more urban direction, communities such as Tavares were forming their own TCEA (Transportation Concurrency Exception Area) in an appropriate location in their downtown core, but not in the entire municipality. He stated that with this bill one city would have to be subject to concurrency, but a neighboring city would not because of a ratio of population. He mentioned that several other counties have also opposed Bill 360, as well as the Florida Association of Counties and the Department of Community Affairs Secretary Tom Pelham.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved for the County Manager to send the letter regarding Senate Bill 360 and House Bill 227 to Governor Crist.

workshop regarding JUDICIAL center construction

Ms. Hall suggested that the Board have a workshop on June 16 for a presentation regarding prices for the Judicial Center construction, when they could bring everything to the Board, including different options for financing.

Commr. Conner commented that he believed they should have a stand-alone workshop on the financial plan for the Judicial Center as soon as possible.

Commr. Cadwell directed Ms. Hall to schedule a workshop for June 9 to discuss the financial component.

Ms. Hall stated that perhaps she would schedule another workshop for June 16 for the information related to the cost of the Judicial Center.

REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1

IMPACT FEE LEGISLATION AND UPDATING OF STUDIES

Commr. Hill reported that last week the Impact Fee Committee discussed some legislation that was being proposed that would affect impact fees. One of those was that the calculation of impact fees must be based on the most recent and localized data; the other was requiring the government to prove any action challenging an impact fee by a preponderance of evidence. Commr. Hill inquired whether they should go ahead and start with the new studies. She stated that the last transportation study that was completed was in 2007, but the Board did not adopt any part of it, and the last transportation study that was adopted was in 2002. She asked if they wanted to take into consideration the Transportation Task Force recommendations and change those assumptions.

Commr. Cadwell opined that if the Governor signs the bill into law, they would have to do the study again.

Commr. Hill pointed out that they would be doing a full-blown study, because the Task Force did look at other funding mechanisms that they could use other than impact fees that play into that methodology to come up with a final figure for transportation dollars. She also noted that if they used an MSTU, the cities would have to cooperate with that.

Commr. Cadwell pointed out that the Board has not shown to be in favor of any funding other than what they currently had, so he thought the study needed to be based on their current funding.

Mr. Minkoff stated that the strong recommendation that they have given to the County Manager and the department is that they need to update the studies in both transportation and schools, and that would be especially true if the bill was passed. He also pointed out that it was possible to charge less than 100 percent of what the study states is the cost. He opined that it was very important to use the latest data in order to have the basis for the fee, and related that the Public Works Department has already started preparing for the study. He noted that the School Board was looking at that, but he has not heard back exactly what their position is. He commented that the transportation data at this point is fairly old, and the circumstances have changed which probably undermines the data that was the foundation of the school fee because of the change in growth patterns. He also stated that they would require consultants for both of those studies.

Mr. Stivender stated that one of the Task Force’s discussions on impact fees was that the construction estimates were substantially lower, which would therefore change the whole fee structure. They have a lot more data in the last three or four years that can document a lower construction value which would therefore change the structure of the fees. He emphasized that the Board did not have to adopt it at 100 percent.

Mr. Minkoff related that their plan was to have the study done in a way that would enable them to plug in numbers in the future on an annual basis as the costs change, so they would be able to update it themselves on a regular basis.

There was consensus to give direction to move forward with looking into doing those studies, and they would bring that back as an agenda item once they find out the costs for the studies.

payment plan option for commercial development impact fees

Commr. Hill also reported that the Impact Fee Committee discussed consideration of some options for the purpose of stimulating the economy, and their recommendation on a 7-1 vote was for Option 1, which was to collect commercial impact fees using the payment plan that was mentioned at the last Board Meeting in the form of a special assessment which could be spread over a number of years based on the dollar amount of the assessment. She related that four other options were discussed, which were all opposed by the committee. She inquired whether they would put that policy in the form of an ordinance to include payment plans for commercial.

Mr. Minkoff responded that based on the Board’s direction from the last meeting, they have already started working on that. He mentioned that the committee requested that that ordinance come back in front of them, so he believed they would have that back to the Board in about 45 to 60 days.

deferral of impact fees for cagan crossing

Commr. Hill recapped that the Board previously had granted a referral for Cagan Crossing housing project for a payment that was due at the time of the Certificate of Occupancy (CO) for the buildings. She stated that they were requesting some additional short-term extension on the payment of that deferral for the Board to complete the payment plan policy. However, she pointed out that the payment plan only applies to commercial development at this point, but the Cagan Crossing project was a multi-family rental apartment, which may not fall into the traditional commercial project category. She also inquired whether there was a legal instrument that would give them the assurance that the payment will be paid at that time.

Mr. Minkoff commented that one question that they needed to think about was whether they were anticipating this payment plan only for commercial and industrial type developments. If that was the case, they would need to question whether they would do it on an interim basis for a residential project. He informed the Board that he could come up with a legal instrument that would protect them. He pointed out to the Board that residential development also involved school fees, and he thought they should have a discussion with the School Board as to whether they were going to allow their fees over time.

recess and reassembly

At 10:15, the Chairman announced that there would be a ten-minute recess.

deferral of impact fees for cagan crossing (con’d)

Commr. Cadwell commented that he thought they should give Cagan Crossing another extension and continue to work through this and to talk with the School Board.

Mr. Minkoff noted that there were a lot of administrative issues regarding this deferral that they would have to discuss with the cities as well. He commented that there could be a problem with just treating rentals differently, and they might have to exempt all multi-family development as opposed to rentals as they go forward. He also mentioned that it was a lot more complex once they got out of the realm of just the transportation fee.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved a four-month continuance of the deferral of impact fees for Cagan Crossing. There was also direction for the staff to set up a discussion with the School Board and to bring back some staff ideas as they went forward.

reports – commissioner renick – district 2

discussion regarding comp plan process

Commr. Renick stated that she thought they needed to break down the discussion of the Comprehensive Plan into more manageable parts and have public input at each of the workshops. She commented that there were some changes in the plan that people would want to know about, and they were trying to make this as open a process as they possibly could. By doing it this way, she also believed that they would get immediate feedback for the Board to be able to make the best decisions. She thought that by deciding the issues that would be discussed at the workshops ahead of time, it would be easier for people to know the days to attend for a specific issue.

Commr. Stewart commented that public trust was important and that they needed to do everything they could to establish that trust during discussions of this Comp Plan.

Commr. Renick also suggested inviting a couple of key people, such as Ms. Rebecca Jetton from DCA (Department of Community Affairs) to objectively answer questions for them while they were looking at some of those particular issues.

Commr. Conner commented that he wanted to hear from all sides, but he wanted to do it in a time-efficient manner. He believed all the Commissioners cared about land use and had very similar philosophies. He also stated that he did not think they would change in any significant way the integrity of what the LPA submitted to them.

Commr. Renick stated that she thought it would be more efficient to discuss the Comp Plan in the manner she suggested rather than to try and go over it again at one time at the end.

Commr. Cadwell suggested having an allotted time at the end of each workshop of about 30 minutes for public comment.

REPORTS – COMMISSIONER STEWART – DISTRICT 4

wekiva parkway tolls

Commr. Stewart stated that she brought up a while back at a Board Meeting her concern about the tolls that were suggested that may be instituted on the Wekiva Parkway. She commented that the citizens of east and north Lake County would have no choice but to use that parkway to get to Sanford, and she did not think in that case that they should have to pay a toll. She believed that the Board adamantly opposed tolls for their citizens, and she thought they should start having meetings with the Expressway Authority and Department of Transportation officials to try to get the record straight, since they were hearing two different things. She did not think they could wait any longer to decide what they want out of that road and to start making the County’s position known. She commented that there were some solutions that they could establish to keep this from happening, but if they did not make their voices heard now, there may be some decisions made that they would not like

Commr. Cadwell asked her to let the Board know how her discussions with the State officials go.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. David Campione, a principal owner of a parcel property in Eustis in which a project was being pursued, informed the Board that his project was a time sensitive matter. He specified that it was a 106-unit senior affordable housing project in the City of Eustis on a six-acre lot. He explained that a component of the development requires paying tax credit financing through the Florida Housing Financing Authority, and initially as part of that application process, they are seeking tax credits of about $9.5 million for a project estimated at over $12 million. He explained that part of the application process with the State of Florida required that they establish a $100,000 contribution from the local level to create a private/public partnership in order to acquire the financing. One of the problems that they have encountered was that the County has historically provided a contribution through impact fee waivers, but they did not have the availability of funds within the trust to work off that interest in order to fund that waiver. He asked the Board to consider making a grant of $100,000 to this affordable housing project and mentioned that they would be submitting applications to the State of Florida for two other projects. He emphasized that the time deadline that they were under was originally May 26, but they have received an extension until mid-June. He understood that there was stimulus fee dollars available to the County, which they could allocate to SHIP funds with the specific instructions to fund a senior or affordable housing project being submitted to the Lake County Financing Housing Authority. He stated that the County could also commit to the funding and grant the $100,000 with the recommendation that they find the funding at the time it would be required, which might not be until 2010. He commented that they would lose the opportunity for a sizeable project that would help fund jobs in Lake County at a time when they needed it the most if they did not support the project.

Commr. Cadwell related that staff was trying to find a solution, and they would re-agendize this to be discussed next Tuesday as a regular agenda item.

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Mr. Jim Stivender, Public Works Director, mentioned that they have had a great deal of rain since Sunday, and north Lake County between Altoona and Astor has had almost ten inches of rain. He reported that the rainfall has caused some problems on clay roads, making them muddy and impassible.

recess and reassembly

At 11:00, the Chairman announced that they would recess until 5:05

public hearing

ordinance amending allowed uses in r-6, r-7 and cfd

Mr. Sandy Minkoff, County Attorney, explained that this was the first of two readings of the proposed ordinance and placed it 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 SECTION 3.00.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED PURPOSE AND INTENT OF DISTRICTS; AMENDING SECTION 3.01.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED SCHEDULE OF PERMITTED AND CONDITIONAL USES; CHANGING CEMETERY FROM A CONDITIONAL USE TO A PERMITTED USE IN THE COMMUNITY FACILITIES DISTRICT (CFD); ADDING MULTI-FAMILY USE AS A PERMITTED USE IN R-6 AND R-7 ZONING DISTRICTS; ADDING GENERAL AGRICULTURE AND NON-INTENSIVE AGRICULTURE AS A PERMITTED USE IN THE CFD ZONING DISTRICT AND REMOVING AS CONDITIONAL USE FROM THE C-2 AND C-3 ZONING DISTRICTS; PROVIDING FOR INCLUDING IN THE CODE; PROVIDING FOR SEVERABILITY; FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Brian Sheahan, Planning Director, Planning and Community Design, explained that this was primarily a change to the zoning matrix and was a staff-initiated amendment. He specified that the first change results in cemetery uses being changed from a conditional use to a permitted use within the Community Facilities District (CFD). He stated that the second change involves adding multi-family to the R-6 and R-7 District, and noted that it would not affect the density at all. He continued to explain that the third change was adding agriculture and non-intensive agriculture to the CFD, which was primarily initiated due to some issues they have had with their own properties, such as wanting to raise cattle on their public lands as a cost-effective means of maintaining the property. He noted that the LPA had recommended on this point to add a required management plan to the matrix, but staff did not think that particular change was necessary, since all management plans would have to come before the Board for approval.

The Chairman opened the public hearing.

There being no one who wished to address the Board, the Chairman closed the public hearing.

Commr. Renick mentioned that PLAAC (Public Land Acquisition Advisory Council) did management plans.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the proposed Ordinance Amending Allowed Uses in R-6, R-7, and CFD (First Public Hearing), and to remove the management plan from the agricultural uses listed on the chart on page 4.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:10 p.m.

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welton g. cadwell, chairman

ATTEST:

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NEIL KELLY, CLERK