A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 27, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, November 27, 2007, 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; Elaine Renick; and Linda Stewart. Commissioner Debbie Stivender was not present due to illness. Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Niki Booth, Office Associate, County Manager’s Office; and Susan Boyajan, Deputy Clerk.

INVOCATION AND PLEDGE

Reverend Paul Guthrie, from the North Point Fellowship in Umatilla, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Cadwell announced that they had a special guest, Ms. Annacelia Gander, Director of Community Health Center and former Chairman and current member of the Comprehensive Health Care Committee, who was doing an internship for Lake County Leadership Day.

Ms. Cindy Hall, County Manager, informed the Board that they had one addendum under the County Manager’s reports at the end of the meeting to discuss the land acquisition applications.

Commr. Cadwell stated that he wanted to add under his business discussion regarding preparation of a resolution or proclamation for the recognition of the Piney Grove Missionary Baptist Church in Umatilla.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board moved to place that item on the Agenda under Commr. Cadwell’s reports.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 6, as follows:

Community Services

Request for approval of recommended library closings for calendar year 2008.

Request for approval of adoption of the FY 07/08 Annual Plan of Service and Combined Budget for the Lake County Library System.

Request for approval to renew a host agency agreement between Experience Works and Lake County Board of County Commissioners as host agency.

Public Works

Request for authorization to release a maintenance bond in the amount of $67,887.25 posted for Orange Tree Phase 6. Orange Tree Phase 6 consists of 44 lots and is located in Section 14, Township 24 South, Range 26 East. Commission District 2.

Request for authorization to release a performance bond for construction of improvements in the total amount of $1,880,388.00 that was posted for Bella Collina East. Bella Collina East consists of 84 lots and is located in Section 12, Township 22 South, Range 26 East, Commission District 3.

Request for authorization to release a maintenance bond in the amount of $35,000.00 posted for Pillars Landing. Pillars Landing consists of 22 lots and is located in Section 11, Township 23 South, Range 25 East. Commission District 2.

COUNTY ATTORNEY’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 7, a request from the County Attorney for approval of the Letter of Termination for the lease with Summer Bay (Edens & Avant) for the Citrus Ridge Library located at the Summer Bay Shopping Center in the Four Corner area in Clermont.

PRESENTATION

PROGRESS OF UCF COLLEGE OF MEDICINE

Dr. Deborah German, Dean of the College of Medicine at University of Central Florida (UCF), thanked the Board for their generosity which made the College of Medicine possible and assured them that it was being put to very good use. She commented that people wanted and felt there was a need for more and better-trained doctors in the area as well as research in biotechnology and the economic diversity that that kind of industry would bring to our region and opined that they were building a full service medical school. She reported that they currently had about 45 faculty and a total of about 100 employees, and they were growing quickly, were in the process of construction of their buildings and hiring of their faculty, had built their curriculum, and were ready for their site visit. She explained that they were partnering with local hospitals. She also noted that for the first class of 40 students, they had started a scholarship campaign so that every student in that class would have full tuition and living expenses paid and would graduate without student debt.

Commr. Cadwell related that they had forwarded the request regarding the scholarship from the College of Medicine to their local hospitals with a letter from the Board endorsing participation in that.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

GROWTH MANAGEMENT

IMPACT FEE REFUND APPEAL FROM CAMBRIDGE HOMES

Ms. Angie Thompson, Impact Fee Coordinator, explained that the request before them was an appeal from Cambridge Homes for a permit that was cancelled and then another permit that was pulled and fully paid, resulting in a double payment. She related that Cambridge Homes requested the refund on the cancelled permit, but they had missed the deadline for cancellations and the deadline for double payment by four business days, so they had appealed to the Board for a determination.

Commr. Hill commented that they had been discussing the institution of a new ordinance extending that time frame, but this had occurred before that ordinance had been approved. She related that the Board had approved others in the past for an extension, but she did not know how much leeway they wanted to give in this case.

Commr. Renick commented that the double payment was not in dispute, and felt that even with the new ordinance there might still be those that would just miss the deadline, so they may need to come up with a way to deal with that such as a fine for each day after the deadline. She stated that in this case she would make a motion to approve.

Commr. Stewart stated that she hoped they could come up with a way that the County could realize when there was a double payment made and to let the applicants know.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the impact fee refund to Cambridge Homes for the double payment.

CONTRACT WITH REAL ESTATE RESEARCH CONSULTANTS

Mr. Brian Sheahan, Director of Planning and Community Design, explained that this was a request for approval to execute a contract with Real Estate Research Consultants in order to do population projection analysis for the proposed Comprehensive Plan, if those services were needed.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the request from Growth Management for approval to execute the contract with Real Estate Research Consultants consistent with the attached Scope of Services to perform population projection analysis for the proposed Comprehensive Plan as required pursuant to Rule 9J-5 and Florida Statutes.

Commr. Renick commented that Mr. Sheahan was currently very short of staff.

Commr. Stewart opined that this was a huge and very important responsibility, and they needed to make sure they did it right.

GRANT FUNDING TO CITY OF CLERMONT FOR INLAND GROVES PROPERTY

Mr. David Hanson, Public Lands Manager, informed the Board that they had a request from the City of Clermont for grant funding to help acquire Phase II of the Inland Groves property. He explained that last year the City acquired 100 acres to the south, and now they desired to acquire 100 acres to the north. He specified that the grant request was for $2.5 million, which was the same as last year. He commented that he thought there should be a discussion about this because of their efforts to obtain the best properties that they could with the monies they had left. He hoped that they might be able to recycle some funds later on through grants of their own, but he wanted to bring this before the Board.

Commr. Cadwell inquired what other leverage money the $2.5 million would produce from the State.

Mr. Hanson replied that it could be leverage money for Florida Communities Trust Grant, and it would decrease the maximum that they would probably request from the State, which would give them extra points on the grant application.

Mr. Wayne Saunders, City Manager, City of Clermont, related that they were successful last year pursuing the purchase of the south half for $8,250,000. He specified that the County granted $2.5 million toward that, the City of Clermont put in a little less than $3 million, and they received a $3.3 million grant from Florida Communities Trust. He commented that it was a very competitive program, but they were hoping to do the same thing with Phase II. He noted that the County Selection Committee moved this one ahead, and that this would save the County some money by sharing the burden to purchase this property. He stated that the significance of this property was shown by the fact that only three out of 118 applications statewide that were sent in to Florida Communities Trust scored higher than this project, and there were about 25 to 30 criteria they looked at in scoring these projects.

Commr. Renick commented that if all of the PLAAC (Public Lands Acquisition Advisory Council) money could be spent on pieces of property that were a partnership like this with the City, State, and County, imagine how much more property could be purchased and how much farther their money could go. She praised Clermont for pursuing the purchase and being willing to help purchase it.

Commr. Cadwell commented that they previously had seen the significance of this project and looked at the whole piece. He added that they assumed that it was all going to be bought and that it would be a shame to let it go. He also noted that they needed to put money into pieces of property that would generate some more money in leverage.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved granting $2,500,000 to the City of Clermont for the acquisition of Phase II of the Inland Groves property from the Public Lands bond monies – Commission District 2.

PUBLIC HEARINGS

NECESSARY PUBLIC SERVICES AND FACILITIES ORDINANCE

Mr. Sandy Minkoff, County Attorney, explained that this would be the first reading of an ordinance that would not be final today; but if it was approved, it would be heard at 5:05 p.m. on December 11. He then placed the proposed ordinance 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 CHAPTER V-A ENTITLED

NECESSARY PUBLIC SERVICES AND FACILITIES, SECTION 5A.01.02

ENTITLED APPLICABILITY, TO EXTEND THE EXPIRATION DATE;

PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN

THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Minkoff commented that this was one of the easiest ordinances that they had prepared, because it just changed one date in the Code to extend the interim school concurrency process that they had for an additional year until the Comprehensive Plan could be completed.

The Chairman opened the public hearing.

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

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the first reading of the proposed ordinance, as read by title only, amending Chapter V-A, Land Development Regulations, entitled Necessary Public Services and Facilities.

HART AND CORBETT PARCELS STIPULATED SETTLEMENT AGREEMENTS

Mr. Minkoff stated that this was approval of the partial settlement agreement for what were known as the Hart Parcel and the Corbett Parcel. He explained that these were a result of Comprehensive Plan amendments that were adopted by the Board back in 2004 and had been involved in administrative litigation with the Department of Community Affairs (DCA). He mentioned that they had settlement agreements in front of them that had been agreed to by DCA and the property owner.

Commr. Cadwell related that he had relayed a letter he received from the applicants to Mr. Minkoff asking for a delay until there was a full Board, and this particular project had mixed reviews by the Board during the closed session. He felt it would be fair on this particular matter to grant the postponement. He commented that the only people who would suffer from a delay would be the people who owned the property, and they were the ones were who asked for it.

The Chairman opened the public hearing regarding the postponement.

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

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board moved to postpone the public hearing for approval of the Partial Stipulated Settlement Agreements for the Hart Parcel and the Corbett Parcel – Commission Districts 2 and 3.

VACATION PETITION NO. 1117 – ARTHUR O. NEAF – GROVELAND FARMS

Mr. Jim Stivender, Jr., Director of Public Works, stated that this was Vacation Petition No. 1117 by Arthur and Mary Neaf to vacate rights of way in the Plat of Groveland Farms, located in Sections 16 and 21, Township 23 S, Range 25 E, south of the Groveland area. He pointed out that Florida Boys Ranch Road was along the north side of the property and Bogaert Drive, which was a non-County maintained road with an existing right of way, was on the east side. He explained that the request was to vacate the areas in red on the map, which went through marshes, to clear up title on ten-acre tracts and to put a new easement in place to allow ingress and egress to one of the property owners. He recommended approval.

Commr. Stewart commented that it looked like this vacation would reduce the impact to the wetlands.

Mr. Stivender responded that that was correct, since they would be getting rid of public rights of ways across wetlands.

Commr. Cadwell opened the public hearing.

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

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Vacation Petition No. 1117 by Arthur O. Neaf and Mary Neaf, to vacate rights of way in the Plat of Groveland Farms, in the Groveland/South Clermont area and the approval and execution of Resolution No. 2007-184.

VACATION PETITION NO. 1118 – ALBERT AND ROSALIE VANZEYST –

HEATHROW COUNTRY ESTATES

Mr. Stivender stated that Vacation Petition No. 1118 was brought by Albert and Rosalie VanZeyst from Heathrow Country Estates and that there was a drainage and utility easement involved. He explained that they had gone through a design to relocate drainage in the area, and the old drainage pipe ran on the easement. He further explained that they were constructing a segment to put the pipe in and around to get to the retention pond to solve the drainage issue. He commented that this was not one that was just a paper easement, but that it actually had a drainage issue associated with it. He related that with the requirement to retrofit the drainage system, they recommended approval of vacating this easement for the replacement easement.

The Chairman opened the public hearing.

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

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Vacation Petition No. 1118, from Albert and Rosalie VanZeyst to vacate a drainage and utility easement in the Plat of Heathrow Country Estates, located in Section 21, Township 19 S, Range 28 E, in the Sorrento area and approval and execution of Resolution No. 2007-185.

VACATION PETITION NO. 1120 – SHADGETT/LITTLE – BLACKWATER OAKS

Mr. Stivender stated that Vacation Petition No. 1120, by John and Diane Shadgett and John and Barbara Little, Plat of Blackwater Oaks Subdivision to vacate a utilities and drainage easement in Section 21, Township 18 S, Range 29 E, east of Eustis was a tricky one. He explained that the existing easement went through the house that he pointed out on the overhead map and that they relocated their property line and/or the easement. He summarized that they were vacating an easement that went in one location and relocating the utilities and drainage easement in another. He recommended a vacation of the old one and acceptance of the new one.

Commr. Cadwell inquired whether they would have nonconforming lots.

Mr. Stivender replied that they shaped the lots and that it had a frontage and access.

The Chairman opened the public hearing.

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

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Vacation Petition No. 1120 by the Shadgetts and the Littles,

in the Plat of Blackwater Oaks Subdivision to vacate a utilities and drainage easement and approval and execution of Resolution No. 2007-186.

PUBLIC HEARINGS

REZONING

REZONING CONSENT AGENDA

Mr. Brian Sheahan, Director of Planning and Community Design, Department of Growth Management, stated that they had several items on the Consent Agenda, one of which was PH38-07-2, Woodcrest Center PUD Amendment. He informed the Board that this ordinance had some minor changes that staff discovered after the Agenda packets were prepared, and a memo detailing these changes had been distributed for the Board’s review. He related that staff would like the Board’s approval to leave this on consent with the changes spelled out in the memo.

Commr. Renick stated that on page 2 of the new ordinance, it stated that the minimum lot size shall not be less than 3800 square feet, and on page 3 where they crossed out “the minimum lot width requirement shall be 40 feet” was exactly the language that was in the original 2004 ordinance, so she did not understand how it could be a scrivener’s error.

Mr. Sheahan explained that in this case the applicants had received an approval at the rezoning level and then received site plan approval as multi-family through the County’s process, but when the applicants came in to receive building permits, they decided to plat the project instead of going through a site plan. He pointed out that in order to do that, they revised their PUD ordinance yet again to comply with their plat. He related that this ordinance needed to be amended because their site plan was inconsistent with some of the platting requirements and with the originally approved site plan regarding the lot lines that had been placed on to the site. He also stressed that this was an extremely unusual situation and that they did not normally have an applicant go all the way through the site plan process and then decide to plat the property.

Commr. Cadwell commented that since that was an anomaly, they had to make sure they had new rules in place that would catch that next time.

Mr. Sheahan assured Commr. Cadwell that was something he would ensure.

The Chairman opened the public hearing for Consent Agenda Items 1, 2, and 3.

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

Commr. Hill stated that she wanted to pull Tab 1 from the Consent Agenda.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Tab 2 and 3 of the Consent Agenda, pulling Tab 1, as follows:

Tab 2 – Ordinance No. 2007-51

Ultimate Developers, LLC

Lake County

Rezoning Case No. 48-07-2

Request to amend Ordinance No. 2004-60 to correct a scrivener’s error related to the minimum lot size and width.

Tab 3 – Ordinance No. 2007-52

Mark Gould

Debra Granger

Rezoning Case No. 34-07-5

Agriculture (A) to CFD (Community Facility District) to allow a religious retreat and conference center subject to all conditions set forth in the attached ordinance.

CONSENT AGENDA (CONT’D)

REZONING CASE NO. PH38-07-2 – WOODCREST CENTER PARTNERS

Commr. Hill requested clarification regarding the effect of the frontage road design and whether that would affect the design of what the County was planning to do down Highway 27 with accesses.

Ms. Stacy Allen, Senior Planner, stated that Public Works did that review, and she thought that they had required a traffic analysis.

Mr. Jim Stivender, Public Works Director, stated that this was an extension to what was like a reverse access road, so they had an alternate to get on and off Highway 27 and traffic could use the rear drive to go to each signal.

Commr. Renick wanted Ms. Allen to point out the changes between this and the original one. She pointed out that she was more comfortable if there was a significant change that the item was pulled, but if they were just talking about one change, she would not have a problem with it.

Ms. Allen explained that in the attachments to the ordinance that the Commissioners received in their packets, the Amended Determination of Vested Rights dated November 13, 1996 should not have been included and was removed. She also stated that she was advised by the County Attorney’s Office to remove the special master exhibit and just make reference to it in the whereas clauses.

Mr. Sandy Minkoff, County Attorney, explained that there were some typographical type changes where they had changed the names of the departments and other things, but the only substantive change was to grant the additional right-in and right-out, and everything else was identical to what was there. He related that this project was originally a vested project back in 1996, but when the vested rights application was acted on, the applicant appealed it, and there was a settlement agreement that changed it slightly. He added that Ms. Allen had given the Board all that back up and that it really was not relevant to this change today.

The Chairman opened the public hearing.

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

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Tab 1 of the Consent Agenda, with the corrections to the ordinance, and execution of Ordinance No. 2007-53, as follows:

Tab 1 – Ordinance No. 2007-53

Woodcrest Center Partners, LLC

John W. Kidd, AICP, Senior Planner with Avid Group

Rezoning Case No. 38-07-2

Request to amend ordinance No. 2001-106 to change the intersection on US 27/SR25 north of Woodcrest Way from a right in only design to a right-in/right out design.

STAFF INITIATED REVOCATIONS OF CONDITIONAL USE PERMITS

The Chairman opened the public hearing regarding the staff-initiated revocations of Conditional Use Permits, which was Agenda Item 4.

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

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Rezoning Agenda Tab 4, staff initiated revocations of Conditional Use Permits and the execution of Ordinance No. 2007-54, as follows:

CUP#86/4/3-4 George R. Turner (Current Owner)

CUP#90/3/8-4 Elizabeth Salter (Current Owner)

CUP#91/3/3-3 Phillip J. Schacht (Current Owner)

CUP#426-1 Thomas and Jody Williams (Current Owners) and

Don Rutherford (Previous Owner)

CUP#497-3 Thomas and Margaret Hussey (Current Owners) and

Gerald White (Previous Owner)

CUP#688-2 David and Sue Jenkins (Current Owners) and

Bernard Morse (Previous Owner)

CUP#726-4 First Chicago Group Inc. c/o James Byerly (Current

Owner) and David R. Strickland (Previous Owner)

CUP#439A-3/CUP439-3 Green Swamp Wildlife Mgmt/Division of Forestry

(Current Owner)/Charles Root (Previous Owner)

CUP#480B-1/CUP#480-1 Hartmann Golf Management Inc. (Current Owner)

Henry Faber, Jr. Representative for Silver Golf Course

and William Herlong (Previous Owners)

VOLUNTARY REVOCATIONS OF CONDITIONAL USE PERMITS

The Chairman opened the public hearing regarding the Voluntary Revocations of Conditional Use Permits, which was Agenda Item 5.

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

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the voluntary revocations of Conditional Use Permits, Rezoning Agenda Tab 5, and the execution of Ordinance No. 2007-55, as follows:

CUP#494-5 Robert Jeffrey Gonzales and Beverly Jane Swank (Current

Owner)/Frank Simar (Previous Owner)

CUP#88/6/6-5 Joseph and Betty Rawson

CUP#93/6/2-2 David M. Smith

REZONING CASE NO. PH31-07-5 – AKRON MEADOWS LLC

Mr. Sheahan explained that the applicant in Rezoning Case PH31-07-5, Akron Meadows LLC had filed a request for a continuance until the January 22, 2008 BCC meeting and the January 3, 2008 Zoning Board meeting.

Commr. Renick stated that the County had a piece of property next to this property and that PLAAC was seriously looking at this. She commented that she did not see why they could not go forward at this point to decide this issue and for it to still keep going through the PLAAC process.

Commr. Cadwell was concerned that this rezoning could add value to that property.

Commr. Renick asked if they were seriously going to consider up-zoning this property if it was environmentally sensitive. She was concerned that it was already postponed twice.

Commr. Cadwell stated that he understood her logic, but since it was assumed that this would be postponed, some people that might have an opinion on this issue were not present, and he would feel uncomfortable hearing that today.

The Chairman opened the public hearing regarding the postponement.

Mr. Steve Richey, the applicant’s representative, explained that based on the process they were going through, it was suggested to them that they continue the case until that process was finished before they came forward. He explained that they requested a continuance until January, because they did not think that the amount of time until the next December BCC meeting was enough to continue the process they were working on with regard to the purchase. He pointed out that they already had notified some people they were continuing it, and he thought it was fair that those parties had a chance to be there.

There being no one who wanted to speak in opposition to the postponement, the Chairman closed the public hearing.

On a motion by Commr. Hill, seconded by Commr. Cadwell, who passed the gavel, the Board voted 3-1 for approval of the request for postponement of Rezoning Tab 3, Case No. PH31-07-5, Akron Meadows, LLC until January 22, 2008, with Commr. Renick voting “no.”

Mr. Minkoff explained that if they could not get a motion to postpone this case passed, it would still be on the Agenda to be heard today.

However, subsequently after some discussion of the logistics and ramifications of having to hear the case today, Commr. Renick stated that since it was a bigger problem than she thought to postpone this, she would vote in favor of the postponement.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the request for postponement of Rezoning Tab 3, Case No. PH31-07-5, Akron Meadows, LLC until January 22, 2008, and the Rezoning Meeting of January 3, 2008.

REGULAR REZONING AGENDA

Mr. Sheahan informed the Board that Rezoning Case No. PH50-06-2, Clonts Grove, Inc., Agenda Item 8, had withdrawn. He also stated that Case No. PH7-07-4 was scheduled for hearing and the applicant was there today; however, they had submitted a new plan.

REZONING CASE NO. PH7-07-4 – EAGLE DUNES II, LLC – JOHN GRAY, JR.

Mr. Sheahan reported that in Rezoning Case No PH7-04-4, Eagle Dunes II, LLC and John Gray, Jr., staff received a compromise plan that they were working out with some property owners in the City represented by Ms. Leslie Campione. He explained that they had reached a tentative settlement and had submitted a revised site plan as well as a revised ordinance, which staff had received Wednesday of last week, but they had not had sufficient time to review those changes. He related that staff would request that it be routed back to the Zoning Board for the January hearing in order to allow staff to consider those changes to make sure they were consistent with the Comprehensive Plan and the Land Development Regulations.

Commr. Cadwell inquired whether it was that substantially different than what it was.

Mr. Sheahan replied that this was not a minor change, and they were proposing it as a drastically different plan. He also believed that the Zoning Board deserved the opportunity to review it as a new application. He clarified that staff was not asking that they resubmit, but that they simply go back to the Zoning Board for a hearing with a new staff report.

The Chairman opened the public hearing regarding the postponement and sending the case back to Planning and Zoning.

Ms. Cecilia Bonifay, Akerman Senterfitt, a representative of the applicant, stated that they had discussed this with staff and that they had originally asked for a 60 day continuance because they knew they would be interrupted by the holidays, but the Board saw fit not to grant them that at that time. She stated that she supported what staff has said, and she wanted this resolved and wanted an ordinance that everyone could sign off on and a new plan. She also added that as long as everyone was focused on moving forward, they were fine with the January date.

Ms. Leslie Campione stated that although she was concerned about hitting another holiday season on the next round of hearings, she would be agreeable to go with the January hearings. She also added that they were hopeful based on the plans that they had seen and the meeting that they have had with the developer, that they were very close to having an ordinance that both parties would be alright with. She related that they were going to try in the next week to two weeks to get all of their issues worked out, and they supported staff’s request.

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

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the request to send Tab 7, Rezoning Case No. PH7-07-4, Eagle Dunes II, LLC, John Gray, Jr., back to Planning and Zoning and the postponement to January 22, 2008.

REPORTS – COUNTY ATTORNEY

CASH ESCROW AGREEMENT ASSOCIATED WITH STEVE’S ROAD

Mr. Sandy Minkoff, County Attorney, explained that Tab 17 was a routine agreement, but that it was on the Regular Agenda because of the amount involved. He stated that this was in connection with Steve’s Road where they had a Developer’s Agreement, and as part of that they were giving the County a cash escrow in the amount of $2,591,049 for construction of the road. He related that this would cause impact fee credits to be released for them when they started their development. He recommended approval.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Cash Escrow Agreement associated with the Steve’s Road Developer’s Agreement – Commission District 2.

REPORTS – COUNTY MANAGER

ADDENDUM NO. 1-I

DISCUSSION OF PLAAC ISSUES

Ms. Cindy Hall, County Manager, related that they had a discussion at the last meeting about issues that Commr. Renick had brought up following a PLAAC meeting, which were whether or not they should continue to accept applications for lands since they had so many of them and were getting backlogged right now and another item which involved prioritization of the properties that they currently had. She wanted to get consensus from the Board as to how to direct staff to proceed.

Commr. Cadwell commented that he was concerned about sending much of a message at all to PLAAC, because it was designed to insulate the Board from that process, but he opined that they should stop sending any more property to PLAAC, because they already had 37 being offered now. As far as prioritizing, he thought they should give Mr. Hanson authority to pick another three or four to at least go through that process through PLAAC.

Commr. Renick stated that she agreed that they had a wealth of properties, and she was ready to make a motion regarding that issue.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to recommend that the County discontinue forwarding properties for consideration to PLAAC.

Commr. Renick noted that they had seven properties that had appraisals and were ready to go through the process, and the remainder had not gotten to that point yet. She related that as far as the prioritization of the remainder of those properties, she wondered whether the Board should do that prioritization because there were things that they were considering that PLAAC had not necessarily been charged to do. She also mentioned that there was a Phase II that they were going to move on to, which was for PLAAC to come up with some management plans to get some of those properties open for the public.

Commr. Cadwell was concerned that it would be difficult for a large 11 member group to come up with a management plan and suggested that they had a sub-committee of about three to four professionals that would be on that. He also brought up that Mr. Hanson had three or four more properties that he felt were worth going to the next phase of doing the appraisals and being included with the seven already being looked at, and then letting PLAAC members give their preferences on all of those properties.

Mr. Hanson commented that those properties were relatively recent applications and that he believed that the value of those properties should elevate them into the upper group to be considered.

Commr. Renick was concerned that there were already a number of people on the list that have had their appraisals, had been waiting since July, and were in a situation where they might have to sell to another buyer if too much time went by.

Mr. Hanson mentioned that they made all the sellers aware that they were free to sell the property to another buyer if they chose. He also specified that the appraisal took about 45 days to complete, and the entire process usually took about a year from beginning to end, although it was hard to predict an exact time frame.

Mr. Hugh Kent, a resident who lived on County Road 44A in Eustis, stated that he was one of the property owners that fell into the category that Commr. Renick was referring to. He explained that his property was approved for purchase by PLAAC on July 5 by an enthusiastic, unanimous vote. He was concerned that after that, the process changed, and it was not until mid-October that appraisals were even ordered for his property. He stated that he was in a difficult position where he watched this process move forward and properties move ahead from the sidelines. He also was concerned that giving Mr. Hanson the authority to make the decision to move the three or four other properties forward was taking away some of the decision making from PLAAC, which had already done a lot of work and knew all of the details.

Commr. Cadwell stated that since those seven had all been approved by PLAAC already to move forward and did not come back to PLAAC after due diligence was done, he thought those seven ought to just come directly to the Board, and he decided against having Mr. Hanson choose the three or four properties that had been discussed.

Commr. Renick mentioned that that was what she was thinking also. She also noted that they would always have the knowledge that there were 30 more properties to choose from if the properties they currently were looking at did not work out.

Mr. Minkoff pointed out that the Board might not see any of the seven properties if a contract could not be negotiated and if the land owners were not willing to accept appraised value or Mr. Hanson’s offer, but if they asked for more than the appraised value and Mr. Hanson and Ms. Hall were not comfortable bringing it to the Board, then they would not see that property. He added that they had a good track record of negotiating deals, so hopefully they could bring most of those back to the Board.

Ms. Hall added that the contracts for each piece of property might take a different amount of time, so it was not likely for them to all come at the same time. She did not think there would be the opportunity for the Board to look at all seven at once and prioritize them, because they came sporadically.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board recommended that PLAAC create a subcommittee of members with scientific backgrounds from the current members that would develop a management plan to bring back to the entire PLAAC committee for approval, and to let the current seven properties being considered go through the PLAAC process.

REPORTS – COMMISSIONER RENICK – DISTRICT 2

ZONING CASE POSTPONEMENT LIMITS

Commr. Renick expressed concern that the public perceived the continual postponements of some Zoning cases as a tactic to try to wear the public down and to wait for the opposition to die down, whether it was a fair assessment or not. She related that some people had to take time off from work and lose pay or hire baby sitters to attend the hearings, and that the cost of gas and the shortage of parking also caused inconvenience for many people when cases were postponed. She suggested that they ask staff to bring back language for a new policy to the effect that they would not allow more than two continuances without extreme extenuating circumstances. She commented that she realized there were a lot of postponements, like the one today, that were necessary.

Commr. Cadwell commented that since this was quasi-judicial and not just regular business, they needed to get Mr. Minkoff’s opinion regarding this to make sure that everyone got a fair hearing. He asked Mr. Minkoff if there was an ordinance that could spell out that kind of policy.

Mr. Minkoff stated that he did not see that there would be a legal problem with instituting that kind of policy, and they would have to put it in the Land Development Regulations to restrict continuances.

Commr. Cadwell stated that they could do that by consensus to have staff work on that, and confirmed there was consensus for that.

REPORTS – COMMISSIONER STEWART – DISTRICT 4

RE-EVALUATION OF IDA ROLE

Commr. Stewart stated that at the last IDA (Industrial Development Authority) meeting, the IDA decided that they would like to devote their next meeting to re-evaluating their role, and in the future, they would be requesting to be put on the BCC Agenda to present that to the Board sometime after next month’s IDA meeting.

Commr. Renick stated that she had been contacted by a gentleman who had seen a story in the Lake Sentinel newspaper regarding the alternative transportation task force, who had a relevant background and wanted to be on the committee. She noted that the Board only appointed five members, and there were two more that would be recommended by the IDA. She related that she called Mr. Shannon Elswick, IDA Chairman, who indicated it was alright to pass on his contact information for anyone who still wanted to be on the committee since they had not made their recommendations yet.

Commr. Stewart informed the Board that the IDA decided that it no longer desired to make those appointment recommendations and had requested that the BCC make those citizen appointments instead of them.

Mr. Minkoff informed the Board that they could change some wording of the resolution from “individuals recommended by the IDA” to say “or other members chosen by the Board of County Commissioners” to reflect that change without having to advertise it.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board moved to place the changing of the resolution regarding the alternative transportation task force on the Agenda.

Commr. Cadwell stated that they had to have staff go through the list of interested individuals who would be best for that appointment, such as business people, and to get that out on the web page quickly. Also, he mentioned that they had to get the change made to the resolution.

COMMISSIONER CADWELL- CHAIRMAN AND DISTRICT 5

RECOGNITION OF 102^ND ANNIVERSARY OF PINEY GROVE BAPTIST CHURCH

Commr. Cadwell stated that he had added on the Agenda the discussion of creating a resolution or proclamation celebrating the 102^nd anniversary of the Piney Grove Missionary Baptist Church in Umatilla.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved having staff create a resolution or proclamation celebrating the 102^nd anniversary of the Piney Grove Missionary Baptist Church in south Umatilla.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 a.m.

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WELTON G. CADWELL, CHAIRMAN

ATTEST:

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NEIL KELLY