Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

Assistant County Attorney Steven Lee

Deputy Clerk Sandy McCann

Absent: Commissioner Dick Van Der Weide (District 3)

Pastor Hezekiah Ross, West Sanford Free Will Holiness Church, gave the Invocation.

Commissioner McLain led the Pledge of Allegiance.

The Chairman announced that Commissioner Van Der Weide will not be in attendance for several meetings as he has had heart bypass surgery and is now at home recovering.

Commissioner Morris read into the Record a letter from Sue Lewis commending Harry Hagle.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-85, as shown on page ________, in recognition of Harry Hagle's service to Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented Mr. Hagle with the Resolution.

Mr. Hagle addressed the Board to express his appreciation to the Board and to the Commissioners who, in the past, appointed him to the various committees he served on.

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Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-84, as shown on page ________, in support of the Florida World War II Veterans Memorial Act.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-86, as shown on page __________, proclaiming the week of April 30 through May 6, 2000 as "Law Week" and May 1, 2000, as "Law Day" in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Judge Marblestone, who accepted the Resolution on behalf of the judiciary and court, and he expressed thanks for same.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:

Districts 1, 2, 4 and 5 voted AYE.

DCM, Cindy Coto, addressed the Board to give an update of the County's Legislative Program. Based on the final General Government Conference Committee the status is as follows: Little Wekiva River Restoration - $2,500,000; U.S. Highway 17-92 Drainage - $350,000; and Florida National Scenic Trail - $50,000. She discussed the following new issues: Simplified Tax Permit Fee/Right-of-way; Libraries/Software/Obscenity; and State Prisoners in County Jails. Issue Paper regarding same was received and filed. She stated there has been quite a bit of movement on the County Revenue Sharing issue and it is still a concern to staff, as well as the Article V issue. She also advised that an additional issue, HB 2335, (copy received & filed) deals with Growth Management. She said this proposal raises a host of issues regarding impact fees. She added that staff will continue to monitor the bill.

Commissioner Morris suggested sending a notice to the County's Legislative Delegation listing all these issues, but highlighting the Simplified Tax Permit Fee, the County's Revenue Sharing, and Article V.

Commissioners Henley, McLain and Maloy supported sending a letter as suggested by Commissioner Morris and directing staff to draft the letter with all Commissioners to sign same.

Chairman Henley advised Items #9 and 35 have been withdrawn from the agenda.

Commissioner Maloy pulled Item #8, Jobs Growth Incentive Program, for a separate vote.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Maloy discussed Item #8, Jobs Growth Incentive Program. He said when the program was created, during the recession, it was supposed to "jump start" the economy. He said he questions when the day of reckoning is because there are a lot of other priorities this money could be used for.

Commissioner Morris stated this is a reauthorization of the program which has no money attached to it. He said the program had little to do with the recession; but had to do with trying to have the right type of industry along the I-4 Corridor. The program has been very successful with a very low initial cost. He further said he believes the program needs to stay in place in case there is a need for it in the future.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-100, as shown on page _______, reauthorizing the Jobs Growth Incentive Program.

Under discussion, Chairman Henley stated he would support the motion to reauthorize the program because, at this time, they are not dealing with dollars - that will be reviewed during budget.

Districts 2, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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Commissioner Maloy stated with regard to Item #35, M-148-00/BJC, Professional Engineering Services for Chapman Road, he would like to have a briefing on the changes to the road.

Commissioner Morris stated he supports Commissioner Maloy because it has been a long time since the design was approved.

Mr. Grace advised staff will give a full presentation to the Board.

Section Chief, John Dwyer, addressed the Board to present the Final PUD Master Plan and Developer's Commitment Agreement for Oregon Trace located south of Orange Blvd., and west of Oregon Avenue, Rink Development.

Commissioner Maloy stated that when the public hearing was held for this, there was discussion about the entryway and how it would look with the trail.

Don Fisher, representing the applicant, addressed the Board to advise they are working with Comprehensive Planning on the design.

Mr. Dwyer advised the design for the trail will be done with the development of the preliminary subdivision plan.

Mr. Fisher concurred, stating there will be another Board review when the preliminary plan comes back for review.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the Final PUD Master Plan and Developer's Commitment Agreement, as shown on page _______, for Oregon Trace located south of Orange Blvd., and west of Oregon Avenue, Rink Development.

Districts 1, 2, 4 and 5 voted AYE.

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County Engineer, Jerry McCollum, addressed the Board to give a brief history of the Chapman Road Project, advising that in 1992 the Board approved the final alignment and typical section with the condition that the project would not go to construction until 20,000 cars a day traveled the road. He said 20,000 cars was an arbitrary number. He briefly reviewed the litigation between the County and Florida Power Corporation dealing with the placing of transmission poles along Chapman Road.

Mr. McCollum advised that Aloma Avenue and Alafaya Trail are both scheduled in the fall for four-laning and six-laning, respectively. An upgraded north-south set of roadways will then exist and both will terminate at Mitchell Hammock Road and this will create additional traffic on Chapman. He further advised that in trying to avoid the cost of litigation with FPC, a settlement has been proposed which requires the County to set a construction date for Chapman Road with the intent that FPC will place their transmission poles at the future 4-lane right-of-way line, which avoids placing them on the unimproved 2-lane road.

Commissioner Maloy stated one of the big concerns centers around Oviedo's serious traffic circulation problems and it will only get worse as time goes on. However, he said there are some concerns from Lutheran Haven regarding their parcel to the south for future development and how they would cross to get to the community center. The other concern is that the County is not purchasing right-of-way very aggressively at this time and some of the property owners are in limbo.

Mr. McCollum advised staff has met with Lutheran Haven and will continue to meet with them.

Motion by Commissioner Maloy, seconded by Commissioner Morris to direct the Engineering Division staff to schedule a date for construction for the improvements to Chapman Road (approximately 18 months from now), with the project to be designed as neighborhood-friendly as possible; and to direct the County Attorney's office to finalize the agreement with Florida Power Corporation based on items listed in Attachment "A", and bring the final agreement back to the Board for consideration.

Under discussion, Commissioner Maloy stated the staff especially needs to take into account Lutheran Haven.

Districts 1, 2, 4 and 5 voted AYE.

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Ms. Coto advised the Board authorized staff to negotiate with Ajax Building Corporation for the Juvenile Justice Center on March 28, 2000. She said at that meeting there were a number of issues brought forth by the six tenants of the center, including not agreeing on the design which would meet their needs. On the basis of that information as well other information, staff proceeded with further evaluation and has come up with the following issues: (1) Whether any of the proposals fully and completely meet the design criteria; (2) Whether the design criteria itself needs to be modified, in light of the users' additional needs discovered during the valuation process; (3) Whether a design can be crafted to meet all of the users' needs using the Design-Build process; (4) Whether the proposed contract contained in the RFP adequately serves the County's interest under the expanded design criteria; and (5) Whether the current evaluation process was flawed in its execution.

Ms. Coto advised the County has received a protest from Metric Constructors on March 31, 2000 and an amended protest on April 11, 2000. She further advised staff feels it is in the best interest of the County to reject all proposals on this project and to develop a building and RFP criteria that meet the needs of all six users through the traditional method of Design-Bid-Build.

Motion by Commissioner Morris to reject all proposals associated with DB-604-99/BJC, Design-Build Services for the Juvenile Justice Center in accordance with Purchasing Code Section 220.43-Cancellation of Invitations for Bids or Requests for Proposals.

The Chairman called for a second to the motion three times, whereupon, he surrendered the gavel to the Vice Chairman for that purpose.

Under discussion of the motion, Commissioner Henley advised Metric Constructors asked for an opportunity to speak to the Board; and, as Chairman, he denied the request. He said the Board is not discussing Metric's allegations at this time. He further said he concurs with staff's recommendation because he is concerned about the process. He stated there are so many users and they could not come to agreement on the design. He added that based upon the review of the process, he believes this is the cleanest way to go.

Commissioner Maloy questioned what kind of delay will this be; and he expressed concern about the cost increasing. He said he would like to see if some of this work could be salvaged before everything is scrapped.

Commissioner Henley stated that would not help in alleviating some of the flaws uncovered in the process.

Commissioner Morris stated the process was not followed that should have been followed.

Commissioner McLain expressed his concern that the first budget for the center was $3.5 million and then the Board approved $4 million. He said it also concerns him about the language in the staff report stating, "...design can be crafted to meet all of the users' needs".

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Morris stated for a number of years the Board has argued that the County should move to the Design-Build concept. However, the prior administration did not concur with that logic. He said he believes the Design-Build is a more efficient process and leads to better outcomes. He stated the users did not agree with staff's recommendation to go with Ajax. He said the staff needs to learn from this and he believes the Board should rebid this under the Design-Build concept. He also believes the amount should be capped.

Commissioner Henley stated he is comfortable with either process (Design-Build or A/E) as long as the users provide their input to make sure that the facility allows them to do what they need to do.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize staff to rebid under the Design/Build concept for the Juvenile Justice Center in an amount not to exceed $4 million.

Under discussion, Commissioner Morris stated it seems to him that the County does not have the expertise on staff to do what so many other entities are doing and that is design/build.

Districts 1, 2, 4 and 5 voted AYE.

The gavel was returned to the Chairman.

Director of Environmental Services, Bob Adolphe, addressed the Board to introduce Bruce Pastor and Hugh Sipes of Environmental Services. He requested authorization for the purchase of a 14-acre tract for the future Paola/Northwest Regional Water Treatment Facility.

Commissioner Morris questioned how many of the 14 acres are useable. Whereupon, Mr. Adolphe advised all of them.

Hugh Sipes, Environmental Services Engineer, addressed the Board to advise staff has not scaled the property yet, but the majority of the 14 acres, he feels, will be useable and buildable. He added that there are no wetlands on the property.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the Chairman to execute Option Contract, as shown on page _________, for the purchase of a 14-acre tract for the future Paola/Northwest Regional Water Treatment Facility; and to waive the competitive bidding process allowing the Department of Environmental Services to procure well drilling services for purposes of analyzing groundwater quality, in a timely manner.

Districts 1, 2, 4 and 5 voted AYE.

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At the request of Commissioner Morris, Mr. Adolphe briefly discussed the Eastern Regional Water Conservation Project/Orange and Seminole Counties' Reuse System. Copy of information regarding same was received and filed.

Upon inquiry by Commissioner Maloy, Mr. Adolphe advised this program will take approximately 6 million gallons a day of reuse from Iron Bridge and distribute it over to UCF, along the SR 434 Corridor and into Oviedo.

Commissioner Morris commended Mr. Adolphe for his vision.

Tom George, Road Operations, addressed the Board to give a briefing on the first six months of the Unpaved Road Program. He advised they had targeted surfacing 41.35 miles with 118 roads. At the mid-year point, they have actually surfaced 28.06 miles with 63 roads. Also, they had planned to permit 118 roads in one year and have permitted 101 in six months. He introduced Principal Engineer, Kimberly Dixon, and Program Manager, Skip Groeneveld, who have been working on this program. He further advised that the estimated cost per mile was $65,000 to $81,000. The actual cost per mile for the first six months is slightly higher at $73,000 to $84,000. He explained that is because of the following: additional stabilization needed, additional relocation within right-of-way, learning curve, and applying the "worst first strategy". He outlined some of the problems they have encountered such as: requests for acceptance of private roads; requests to move roads up in schedule; right-of-way acquisition complications; resistance from homeowners regarding requests for paving private drives; and permitting concerns in certain drainage basins.

Mr. George advised 50% of the roads have been completed in District 1, with 48% of Year 2 roads finished. All designated roads for Year 1 were finished in Districts 2 and 3; and 78% of the designated roads for Year 1 were finished for District 5. He reviewed the projections for the remaining six months as outlined on slides (copies were received & filed).

Upon inquiry by Commissioner Maloy, Mr. George advised they have held neighborhood meetings and have worked with traffic engineering on safety issues. He also advised that when the program was first introduced to the Board, staff told them that they would delete one position and one grader per year. He said the first grader will be surplused and will not be replaced, which will save $240,000. He also said he anticipates having a vacancy in May and he will not fill the position.

Commissioner Maloy stated he has heard nothing but good comments about this program.

Mr. George explained they pave back to the right-of-way line and cannot pave the driveway aprons. However, he said they will work with the property owner and put them in touch with vendors who do that work.

Commissioner Morris commended staff for their work on this program.

Traffic Engineer, Bob Zaitooni, addressed the Board to introduce Fred Ferrell of TEI Engineers & Planners, consultant who prepared the Traffic Calming Study (copy was received & filed). He requested direction with regard to Raymond Avenue and North Street based on the results of the completed traffic study. He gave a brief history, advising residents of both streets have complained about cut-through traffic and speeding.

Commissioner Morris left the meeting at this time.

Fred Ferrell, TEI Engineers & Planners, addressed the Board to summarize the results of the study, including the traffic volumes, spot speed study, crash records, and origin & designation.

Upon inquiry by Chairman Henley, Mr. Ferrell advised 48% of the traffic is cut-through traffic.

Commissioner Morris re-entered the meeting at this time.

Mr. Zaitooni stated one of the things they looked at is if these problems are significant and whether there have been a high number of accidents. He said Raymond is a straight road and vehicles tend to go faster on it. He stated there are several ways to deal with speeding. He advised there have been crashes historically related to speeding; except for the intersection of Raymond Avenue and North Street. He briefly reviewed the four alternative actions as listed on page 26. He advised that currently there are 18 projects and of which, only 9 are funded. He said this project has not been prioritized. There are a lot more projects that have more significant crash histories than this one. Therefore, he would recommend Alternative #2, which is installing a three-way stop at Raymond Avenue & North Street and coordinating selective enforcement of speeds with law enforcement.

Commissioner McLain stated this has been a process the County has been going through for some time now and he has met with some of the people in the community. He advised he received a fax yesterday from two ladies who indicated they were unable to meet with him, but wanted to give their thoughts on the study. He asked Debbie Croissart to summarize why she does not believe the study is going to address the problem.

Debbie Croissart, area resident, addressed the Board to advise she is in favor of installing speed humps and chokers. She said she is also in favor of lowering the speed limit to 25 miles an hour. She expressed her concern about the cut-through truck traffic from the industrial park, and said she does not feel that 13-ton trucks are an appropriate restriction for a residential area.

Commissioner Morris suggested putting a sign going westbound saying "strict enforcement area".

District Commissioner Henley recommended Alternative #2, installing a 3-way stop at North & Raymond. He said he is not prepared to go with the chokers at this time because he feels this might force traffic to other routes. He requested staff to move post-haste in dealing with the 3-way stop and to continue to monitor this to see the effect of same.

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize staff to implement Alternative #2 for Raymond Avenue & North Street, as follows: (1) Modify the intersection of Raymond Avenue and North Street and install a 3-way stop; and (2) Coordinate with law enforcement for selective enforcement of speeds.

Under discussion, Commissioner McLain requested staff to investigate the chokers further and to bring back findings to the District Commissioner.

Districts 1, 2, 4 and 5 voted AYE.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve and authorize the following:

Districts 1, 2, 4 and 5 voted AYE.

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The Board noted, for information only, the following Clerk's "received & filed":

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The meeting was recessed at 12:25 p.m., reconvening at 1:30 p.m., with all Commissioners and Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to authorize filing the proofs of publication for today’s scheduled public hearings.

Districts 1, 2, 4, and 5 voted AYE.

Continuation of a public hearing from April 11, 2000, to consider vacating and abandoning a portion of a 15-foot wide drainage easement on Lot 20, Bolling Farms; as described in the proof of publication, Hagen Custom Homes.

Mahmoud Najda, Planning & Development Director, addressed the Board to state staff received a fax yesterday from the applicant showing a different version of the plan than submitted before. The orientation of the house that was to be built on Lot 20 indicates there will be no need to vacate the easement at this point and the encroachment will no longer exist. Therefore, staff feels comfortable with the plan and is requesting the item be withdrawn from the Agenda.

Upon inquiry by Commissioner Morris, Mr. Najda advised the applicant requested a withdrawal via a phone call and said he would fax a letter to staff. Whereupon, Commissioner Morris said if the applicant has not faxed the letter yet, the Board should go ahead and turn the request down.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to deny request to vacate and abandon a portion of a 15-foot wide drainage easement on Lot 20, Bolling Farms; based upon the Board’s belief that this is the intent of the applicant, who is not present today; as described in the proof of publication, Hagen Custom Homes.

Districts 1, 2, 4, and 5 voted AYE.

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a portion of a public right-of-way located at the most southerly end of Dovera Drive and intersection of Vidina Place for Lowe’s Home Center, Inc., Michael W. Reynolds, received and filed.

Matt West, Principal Planner, addressed the Board to state there are no objections from staff or any of the utility companies affected.

Roger Stocora, consultant for Lowe’s Home Center, Inc., addressed the Board to state they agree with staff on this request.

No one spoke in support or in opposition.

The Written Comment Form for Mayor Mary Lou Andrews was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-95, as shown on page __________, vacating and abandoning a portion of a public right-of-way located at the most southerly end of Dovera Drive and intersection of Vidina Place for Lowe’s Home Center, Inc.; as described in the proof of publication, Michael W. Reynolds.

Districts 1, 2, 4, and 5 voted AYE.

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning the southern 10 feet of a 25-foot wide drainage and utility easement located in Sanlando the Suburb Beautiful, Palm Springs Section, north of Oakhurst Street, John and Barbara Barnecott & Dale Jones of The 4E Corporation, received and filed.

Mr. West stated that currently there are no drainage facilities in the easement. Staff is recommending adoption of the resolution vacating and abandoning the southern 10 feet of the 25-foot wide drainage easement. In the possibility the County might need to put in a drainage facility in the future, the County will retain the northern 15 feet.

No one spoke in support or in opposition.

District Commissioner Henley stated he will be supporting the vacate.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt appropriate Resolution #2000-R-96, as shown on page __________, vacating and abandoning the southern 10 feet of a 25-foot wide drainage and utility easement located in Sanlando the Suburb Beautiful, Palm Springs Section, north of Oakhurst Street; as described in the proof of publication, John and Barbara Barnecott & Dale Jones of The 4E Corporation.

Districts 1, 2, 4, and 5 voted AYE.

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a right-of-way consisting of a cul-de-sac; described as located at the end of Clifford Avenue and south of Florida Avenue, included as part of the Watson Subdivision, Robert J. Maksimowicz, received and filed.

Mr. West advised staff is opposed to this vacate. He said Clifford Avenue is an unimproved right-of-way. He stated if staff ever wanted to improve or pave Clifford Avenue, or create any turnaround at the end, by vacating this, they would make the right-of-way more substandard than it already is.

District Commissioner Morris said he drove to this particular street the other day. He asked if this was in the City limits of Longwood. Mr. West answered he does not believe it is, but that the road shows on the tax rolls as coded to Seminole County. Commissioner Morris discussed with staff that there is no ingress/egress from 17-92 to the property. Mr. West responded that the issue is if the applicant builds something on the site, the opportunity for any adequate turnaround at the end of the road would be eliminated.

Mr. Najda added that in case the right-of-way is to be developed in the future, there would be a need for a turnaround and a 50-foot right-of-way is not sufficient for a turnaround. He said to vacate the head of the street would make it substandard. If this were developed, the County would have to go back and purchase land to create a turnaround.

Mr. West described the neighborhood as a mix of single family duplexes.

John Reynolds, American Civil Engineering, representing the applicant, addressed the Board to state the City of Longwood has approved their site plan. He distributed copies of the plan (received and filed) to the Board for review. He explained that the applicant has bought the single-family house located on the east side of Clifford Avenue.

Upon Commissioner Morris’ request, the Board recessed at 1:48 p.m. to allow staff to review the site plan submitted by Mr. Reynolds. Chairman Henley reconvened the meeting at 1:59 p.m.

Mr. West said staff is checking to verify whether the subject property has been annexed into the City of Longwood. He advised, however, that the right-of-way is still in the County. He said according to the applicant, the two lots would still be in unincorporated Seminole County.

Mr. Najda recommended that the vacate be denied. He said the County is not in the business of creating substandard roads, and to vacate this would create a substandard road.

Commissioner Maloy stated there are a lot of unanswered questions and maybe, instead of turning the request down, they can wait for a better report on what the answers are.

Mr. Reynolds said the reason they would like to abandon the cul-de-sac is so that the middle building can go back to a normal setback with the other buildings. He said now the middle building has to sit 25 feet off the cul-de-sac. Further, the City of Longwood is requiring the applicant to build an 8-foot high block wall along Clifford Avenue up to the cul-de-sac. He explained if the cul-de-sac remains in its current condition, it is just an unimproved, blighted junkyard. Once the wall is built, the cul-de-sac would remain in the current condition or be worse. He advised Commissioner Morris that the two residences looking out to the wall are rental properties with occupational permits. He stated they received no objections to the site plan at the public hearings with the City. Mr. Reynolds said he doesn’t think this road will ever be improved. He stated in getting the zoning change approved by the City, the applicant stipulated that he would have only one access into the site. He explained if they wanted to access the site on Clifford Avenue, they would have to improve it.

Commissioner McLain discussed with staff the County’s requirements for a building setback from a cul-de-sac.

No one spoke in support or in opposition.

District Commissioner Morris stated it is unfortunate that the site plan didn’t have the involvement of County staff when it was before the City of Longwood. He said the issue is fairly clear to him. He said if Clifford Avenue was not put on the County’s paving list, it should be because the County does maintain the road. If it is not on the list, it will go on and that would be improving the road. If there was a question of improving the road to have the turnaround, that is probably what the County would recommend instead of just maintaining the short portion of the road. That would then potentially give the applicant access to phase two of his site plan approval from Longwood, which might give him a better saleable property.

He asked staff if under the condition that the County were to improve the road, would that be an ingress/egress point for the western portion of the applicant’s site plan. Mr. Najda answered yes. Commissioner Morris said, recognizing the confusion, he would recommend denying the request with comment.

Motion by Commissioner Morris, seconded by Commissioner McLain, to deny the request to vacate and abandon a right-of-way consisting of a cul-de-sac; described as located at the end of Clifford Avenue and south of Florida Avenue, included as part of the Watson Subdivision; as described in the proof of publication, Robert J. Maksimowicz.

Under discussion, Commissioner Morris stated Clifford Avenue is being looked at now to determine if it is on the list for paving or if it was omitted because it was thought to be a private road, and that is the issue. He thinks the road is going to be paved anyway.

Commissioner Maloy stated it depends on what type of classification the road is given. He doesn’t believe the road paving program is paving the emergency-only maintained right-of-ways.

Upon the receipt of a phone call message via Administrative Aide, Mary Mantzaris, Commissioner Morris advised the answer from staff is that Clifford Avenue is a non-maintained road and is not scheduled for maintenance. Staff maintains it only on an emergency basis. Commissioner Morris recommended that Clifford Avenue be added to the paving list and, at a minimum, before it is added that the County put in the appropriate turnaround at the end.

Commissioner McLain stated he thinks the point is well made that the County needs to maintain the circular traffic movements for the future. He thinks the applicant’s site plan for circular movement is difficult for public safety.

Chairman Henley stated he agrees that it is a strong possibility that the two lots listed as residential with the home occupations will become too commercialized to stay there. The Board will complicate a problem down the road if they relinquish control of that.

Commissioner Morris asked if staff could find out why the Property Appraiser does not know that this property is in the City of Longwood. He said the County probably needs to facilitate better the annexation requests. The Board briefly discussed how annexation requests are handled.

Commissioner Morris asked staff to work with the applicant and to work closely with the City of Longwood. He commended the applicant on this economic redevelopment, stating this is exactly what the Board is hoping to happen in the area.

Districts 1, 2, 4, and 5 voted AYE.

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a right-of-way consisting of a portion of the Mellonville Avenue and Airport Boulevard intersection, located east of Linz Drive, Kevin J. Spolski, received and filed.

Mr. West stated staff does not object to the request subject to the following conditions: (a) Provide a 25-foot radius right-of-way dedication in the southwest corner of the new intersection per the City of Sanford; (b) Dedicate 15 foot wide City of Sanford City Services Easements along both Airport Boulevard and Mellonville Avenue rights-of-way per the City of Sanford; and (c) Provide utility easements for existing facilities for BellSouth and Florida Power & Light Company, utilizing Seminole County approved forms. He added that the applicant would be responsible for the new intersection improvements.

Kevin Spolski, applicant, addressed the Board to state the existing turn radius was never improved or modified to meet the minimum standards. He said they have met with Engineering and have coordinated a configuration that saves about 20-24 trees over 100 years old in the right-of-way. They will be greatly improving the intersection, bringing it up to today’s standards. They will also bring the radius up to standard.

Jerry Holloway, 3311 Scarlet Drive, representing Crystal Park Homeowners Association, addressed the Board to state the only thing they are opposed to is taking away the curve now for people going south on Mellonville. He thinks there should be a turn lane on the south side of Mellonville allowing people to get off so the through traffic does not back up going west or east on Airport. He said everything else in the plan is very good.

Upon inquiry by Commissioner Maloy, Mr. Najda said this issue is currently being reviewed under a separate right-of-way application permit for a right turn lane into Mellonville. Discussion ensued with the Board on a deceleration lane.

No one else spoke in support or in opposition.

The Speaker Request Form for Mr. Holloway was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-97, as shown on page __________, vacating and abandoning a right-of-way consisting of a portion of the Mellonville Avenue and Airport Boulevard intersection, located east of Linz Drive; with the three conditions stated; as described in the proof of publication, Kevin J. Spolski.

Districts 1, 2, 4, and 5 voted AYE.

Continuation of a public hearing from March 14 and April 11, 2000 for consideration of request to rezone from A-1 (Agriculture) to C-2 (Retail Commercial); property located on the south side of Red Bug Lake Road just west of the GreeneWay; as described in the proof of publication, Aaron Gorovitz on behalf of the George Jakubcin, Jr., Family Trust and BP Amoco Corporation.

Senior Planner, Gary Schindler, addressed the Board to advise staff recommends the rezoning. He noted that the date of the Ordinance should read April 25, 2000 and not March 14, 2000.

Aaron Gorovitz, Lowndes, Drosdick, Doster, Kantor, and Reed, addressed the Board to state they agree with staff.

Commissioner McLain left the meeting at this time.

Mayor Mary Lou Andrews, City of Oviedo, addressed the Board to state from the City’s point of view, they are asking that the Board do everything creatively they can to make sure traffic continues to flow as much as it can down Red Bug and Mitchell Hammock because it is such a congested area. She said also on Vidina Place (Item #64), she hopes the Board can keep the congestion and negative impact to a minimum.

No one else spoke in support or in opposition.

The Speaker Request Form for Mayor Andrews was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to adopt Ordinance #2000-23, as shown on page __________, rezoning from A-1 (Agriculture) to C-2 (Retail Commercial); property located on the south side of Red Bug Lake Road just west of the GreeneWay; as described in the proof of publication, Aaron Gorovitz on behalf of the George Jakubcin, Jr., Family Trust and BP Amoco Corporation.

Districts 1, 2, and 4 voted AYE.

Commissioner McLain was absent at the time of voting.

Commissioner Maloy stated the Board would be happy to work with the City in getting some of the transportation issues resolved.

Chairman Henley stated he agrees it is going to take a joint effort to deal with the problems in the area. He is willing to listen to what the City comes up with and do what the Board can to help expedite solutions to the problems.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from R-1A (Single Family Dwelling) to OP (Office Professional) and approve development order placing staff-requested conditions upon the rezoning approval; property located on the north side of Highland Street between Douglas Avenue and I-4, Sharon and Gary Coatoam, received and filed.

Mr. Schindler stated subsequent to the Board receiving their agenda packets, staff received a new site plan showing several changes and a letter (copy received and filed) requesting 9-foot wide parking spaces based upon the fact that would result in saving trees.

Commissioner McLain reentered the meeting at this time.

Mr. Schindler reviewed the changes in the site plan, stating the size of the building has been reduced by several hundred square feet and no parking spaces have access from Lot 16. He explained that with the revised plan, there is no longer a need for any access for parking spaces on Lot 17 via Lot 16. To get the full number of parking spaces required, the four parking spaces above the minimum needed for Lots 15 and 16 are dedicated for the development on Lots 17, 18, and 19. Therefore, staff has recommended a development agreement between the owners of Lot 16 and Lots 17, 18, and 19 in the development order.

Mr. Schindler discussed the request for waiver of 14 feet from the required 25-foot wide landscape buffer. He said the 9-foot wide parking spaces allow the applicant to save significantly more trees. As staff is recommending approval of the reduction in the buffer along Highland, this gives some additional landscape buffering along Highland. Also, the reduction in the size of the building and the fact the building is somewhat shifted to the east allows for greater tree retention in the area west of the building on Lot 17. He stated if the Board approves the 9-foot wide parking spaces, Condition C in the development order should be revised to read, "a waiver of the minimum size parking spaces from 10 feet to 9 feet." Condition D should now read that there are four parking spaces on Lot 16 to count toward the development.

Upon inquiry by Commissioner Maloy, Mr. Schindler stated that based upon the revised site plan, staff believes that substantially more trees are being saved; and, therefore, is in support of the reduced width of the parking.

Commissioner Morris stated he remembers the Board had a long discussion and was unanimous before on no reduction in the parking width, except in extraordinary cases on retail. He asked staff to be sure to keep the two issues separate with regard to office and retail.

Jim Garrison, representing Sharon and Gary Coatoam, addressed the Board to state they have worked hard with Dr. and Mrs. Coatoam to meet all the requirements. He thinks they have a very good site plan and have met all the issues. Mr. Garrison said they are in agreement with the staff comments and conditions.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt Ordinance #2000-24, as shown on page __________, rezoning from R-1A (Single Family Dwelling) to OP (Office Professional); property located on the north side of Highland Street between Douglas Avenue and I-4; as described in the proof of publication, Sharon and Gary Coatoam, and approval of Development Order, as shown on page __________, with staff-requested conditions and inclusive of the conditions identified today.

Districts 1, 2, 4, and 5 voted AYE.

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of Budget Amendment Resolution to reconcile all fund balances from FY 98/99 to FY 99/00.

Ginger Barrett, Budget Manager, addressed the Board to request authorization for the Chairman to execute the Budget Amendment Resolution.

Commissioner Morris discussed the rapid increase in the Court Appointed Attorney funding. He stated this amount has gone from $200,000 to $800,000 in just two years.

Upon inquiry by Commissioner Morris, Fiscal Services Director Cindy Hall addressed the Board to state the court appointed attorneys have been to indigents and there was a change in the law in 1998 that expanded this support.

Chairman Henley said he thinks it is important that the Board ask the Budget Office and Chairman to meet with the Judges to discuss this, because it is a significant increase and there doesn’t seem to be any end to it. He said he would like to know more about it and why.

Commissioner Morris said he asked staff to check with the Florida Association of Counties to see if they can get some answers and see if Seminole County is alone in this.

Commissioner McLain stated he spoke with Ms. Hall earlier about this. He said the local bar association is aware of this problem and has agreed to work with the County to try to find a way to reduce the hourly rate. He thinks the Board also needs to communicate with the local bar association and work with them.

Ms. Hall stated staff is working with the Court Administration and will come back to the Board with some recommendations.

County Manager Kevin Grace stated he will also get involved personally to find out what’s causing these costs to go up.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Budget Amendment Resolution #2000-R-98, as shown on page __________, reconciling all fund balances from FY 98/99 to FY 99/00; as described in the proof of publication.

Districts 1, 2, 4, and 5 voted AYE.

The following Communications and/or Reports were received and filed:

Chairman Henley stated he received a letter from Dr. Leslie Beach, Assistant State Health Officer, that the Florida Department of Health will be conducting a nation-wide search for a new director for the Seminole County Health Department, as a result of Dr. Pokowski’s impending retirement. They have asked if the Chairman, County Manager, and Phil Stalvey will serve on the Selection Committee. Chairman Henley stated he has agreed to serve and is in the process of notifying Dr. Beach that their request will be honored.

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Chairman Henley advised he received a letter and brochure (received and filed) from the Orlando Visitors Bureau which shows they are getting involved in regional advertising as Seminole County is included in areas being advertised.

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Chairman Henley advised of the honor received by Commissioner Morris to be appointed to the Selection Committee for the Economic Development Administration. He said this represents a national effort and he complimented Commissioner Morris for being appointed to such a national committee.

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Chairman Henley distributed a letter (copy received and filed) received from the Woman’s Club of Sanford, President Bettye Smith, regarding public seating throughout the County. They are requesting that the County enter again into a public seating agreement.

Mr. Grace advised he referred this matter to staff to get the history and he has not heard back yet.

Commissioner Morris said he recalled that the Board did renew this agreement in 1995 and was going to do a review during the renewal process. He said the Board was specifically concerned with putting in more professional stops, and concerned with safety issues and messages on the benches in noncommercial areas. He said the Board warned the Jaycees that this could be a program that might be discontinued. He said this issue was brought up by the Board within the last six months discussing Highway 17-92 and bus shelters. He had discussions with the Jaycees about benches in front of the bus shelters which defeats the purpose of public safety. He said he would hope this could be looked at on all issues.

Mr. Grace said he thinks staff is coming back to the Board on the bus stop issue next month. Whereupon, Commissioner Morris said he thinks they can get the Jaycees to pick up the benches now, and that doesn’t need action by the Board. These benches are in the right-of-way and should not be there.

Chairman Henley asked Mr. Grace to come back with stipulations for the Board to enter into an agreement.

Commissioner Maloy said he recalls on public seating along 17-92, part of the discussions was putting the hold on everything and coming back with a comprehensive look as to what the costs were and other options. He thinks there were about three proposals to consider. He also thinks this should be incorporated into this whole perspective. Whereupon, Mr. Grace said he thinks this is tied in and he will report back on both issues.

Commissioner McLain gave an update on the Airport Boulevard dedication. He and Mr. Grace met with Dr. Velma Williams, and he and Dr. Williams issued a joint press release (copy received and filed). The City Commission unanimously approved the concept of dedicating a section of 17-92 to SR 46 as Dr. Martin L. King Memorial Highway with no change to the actual street name, and there will be some form of dedication ceremony. He said he understands there is no controversy and they are all happy to do this. At the first meeting in May, he hopes to bring back a firm proposal on the costs for this project. Discussion ensued.

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Commissioner Morris advised he sent a letter to Winter Springs that Traffic Engineer, Bob Zaitooni, is going to do a minor traffic study. He stated the entrance to Winter Springs High School on SR 434 is a non-signalized intersection at which Winter Springs places two police officers each morning and afternoon. When there are events, there is no one at the intersection. He explained this could be an item for the Board to vote on.

Chairman Henley distributed to the Board copies of the Metroplan Board Meeting Highlights (copy received and filed) for April 12,2000.

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Commissioner Morris reported at the last East Central Florida Regional Planning Council’s meeting he attended with Chairman Henley that Jacob Stuart of the Greater Orlando Chamber of Commerce brought the consultant, Mr. Dallas (who did the planning initiative for Charlotte and Cincinnati) for a full presentation. He commended Chairman Henley for his leadership on this issue. Commissioner Morris said Mr. Stuart is asking that half the money come from the governments and half come from agencies and private sector corporations. They are looking at approximately $2 million to do the study and implement it. He advised that Osceola County has voted to fund the proposal at $150,000 total for three years, conditional upon Orange County participating. The Planning Council was enthusiastic for the concept, but not necessarily for the methodology. The Council determined to show enthusiasm and continued the dialog with Mr. Stuart and his 501C-3 corporation, under the Chamber’s auspices. He will report back in June on what a recommendation would be in defining the role of Planning Council and what economics are involved in financing this initiative, defining "who is driving the wagon." There will be a committee meeting with Mr. Stuart over the next six weeks to define the role and report back to the Commission. He advised Winter Springs Commissioner Blake is the representative for Seminole County, and the other BCC members can contact Mr. Blake. Commissioner Morris said he is concerned that if Seminole County determines to participate in some fashion that it be equal participation by each County. He added he nor Chairman Henley have committed Seminole County’s participation in any way.

Mr. Grace reported he did have discussions with Sanford regarding the Sanford parking issue and the City asked that the County hold off, as they are not planning anything imminently. He stated they would like to have the Mayor and City Manager meet with him and the Chairman before doing a formal presentation to the Board.

Commissioner Morris said, based upon what the City Manager told him, this is the appropriate way to go. This would be more comprehensive than just affecting County employees.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:25 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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