Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)(Late)

Acting County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Pastor E. A. Reuscher, Lutheran Church of the Redeemer, gave the Invocation.

Acting County Manager, Cindy Coto, led the Pledge of Allegiance.

Commissioner McLain entered the meeting at 9:37 a.m.

Chairman Henley advised that the Resolution commending the Seminole High School Dazzler Dance Team will be deferred to the 1:30 p.m. meeting today.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt appropriate Resolution #99-R-49, as shown on page __________, commending Edward L. Boehm, Parks & Recreation Division, for twelve years of service to Seminole County upon his retirement.

Districts 1, 2, 3, 4, and 5 voted AYE.

Commissioner Van Der Weide presented the Resolution to Mr. Boehm, who expressed his joy at working 12 years at Red Bug Park and expressed his appreciation to the Board.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #99-R-44, as shown on page __________, proclaiming the week of April 11 – 17, 1999 as "National Library Week".

Districts 1, 2, 3, 4, and 5 voted AYE.

Commissioner Maloy presented the Resolution to Sandy Gallagher, Libraries Public Services Manager, and Elizabeth Harper, President, Friends of the Library, who expressed appreciation for being recognized for their hard work.

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Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt appropriate Resolution #99-R-45, as shown on page __________, proclaiming the week of April 18 – 24, 1999 as "National County Government Week".

Districts 1, 2, 3, 4, and 5 voted aye.

Commissioner Morris presented the Resolution to Lori Thomas, who expressed comments on reaching the goals of the National Association of Counties to promote the education of the public on government.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #99-R-46, as shown on page __________, recognizing the talent and contribution of the students of Lake Brantley High School in support of "The Counties Creating the Arts" celebration in association with County Government Week.

Districts 1, 2, 3, 4, and 5 voted AYE.

Commissioner Maloy presented the Resolution to Lake Brantley High School students, Corry Arnold, Dan Waters and Justin Cole.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt appropriate Resolution #99-R-48, as shown on page __________, proclaiming April 20, 1999 as "Seminole County Volunteer Appreciation Day".

Districts 1, 2, 3, 4, and 5 voted AYE.

Commissioner Van Der Weide presented the Resolution to Administrative Aide Annette Hatch, who expressed her thanks to the Board on behalf of the volunteers of Seminole County.

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Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt appropriate Resolution #99-R-47, as shown on page __________, proclaiming the week of April 25 – May 1, 1999 as "Crime Victims’ Rights Week".

Districts 1, 2, 3, 4, and 5 voted AYE.

Commissioner McLain presented the Resolution to Ron Clark, representing State Attorney Norman Wolfinger, and representatives for Witness Advocates.

Mr. Clark, on behalf of the State Attorney, extended sincere appreciation to the Board and invited them to the AAA Complex on April 27 for a luncheon.

Mr. McMillan requested approval to advertise, set public hearing date and related staff direction for Ordinance relating to the regulation of towing services. He advised this Ordinance is very similar to the one adopted in Orange County.

Commissioner McLain said he thinks it might be appropriate to invite someone from AAA to come and make comments at the public hearing. Whereupon, Mr. McMillan said he will contact someone and make sure they have a copy of the proposed ordinance.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain, to authorize staff to advertise a public hearing date for May 11, 1999, to consider adoption of Ordinance relating to the regulation of towing services.

Districts 1, 2, 3, 4, and 5 voted AYE.

The Board had no objections to the hearing being held at 7:00 p.m.

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Mr. McMillan requested approval to advertise, set public hearing date (May 11, 1999) for Ordinance adopting a new Land Development Code. He explained that there is no substantial change to the Code, but this action is for recodification of what is already on the books in the Code, including those ordinances that were not codified.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to authorize staff to advertise the public hearing date of May 11, 1999, for consideration of the Ordinance adopting a new Land Development Code.

Districts 1, 2, 3, 4, and 5 voted AYE.

Regarding the title loan issue, Mr. McMillan advised that, apparently, several of the Central Florida counties have been urged to move forward and adopt an ordinance. He asked the Board if they were interested in taking that more aggressive stance, along with Orange and Osceola counties.

Commissioner Morris discussed Senator Jennings’ position and his concern that the counties would be making the industry’s case for them by adopting these ordinances.

Mr. Groot said he thinks it would be very appropriate for the Board to redraft something to the Legislative Delegation and Chairman of the Committee indicating their personal commitment on this issue.

Commissioner Van Der Weide said he could not support a bill like the Childers’ bill. He said he thinks the Board should send at least another resolution defining their opposition. They don’t want to give up their home rule rights but need to set some guidelines such as a maximum interest. He suggested the Chairman work with the County Attorney to set some parameters they can agree on and mail this, not only to Seminole County’s Legislative Delegation, but to anyone else of interest.

Commissioner Morris recommended the strongest language be used in a letter and that all the Commissioners sign it.

Commissioner McLain said he supports the comments by Commissioners Morris and Van Der Weide.

Commissioner Maloy said he thinks this is abuse of the citizens. He said if the Legislature doesn’t do a good job, he thinks the Board should attack the problem themselves.

Chairman Henley summarized the Board will send a letter (copy received and filed) to the Legislative Delegation.

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Mr. Groot advised a resolution is included in the Board’s packet regarding House Bill 1453 on Video Lottery which they could send to the Legislative Delegation and beyond opposing this legal lottery legislation. He explained this would permit slot machines.

Commissioner Van Der Weide stated based on what’s in the County’s charter, they certainly don’t want to give up home rule, and they should call this bill what it really is.

Commissioner McLain reported that at the CALNO meeting, this issue was discussed in detail and those present unanimously supported a letter by the Chairman opposing this and encouraging the Board of County Commissioners to move forward with this action.

Commissioner Morris said he thinks this is going nowhere and the Chairman’s letter already sent will suffice very well.

Commissioner Maloy said he still would like to support the resolution as he thinks it goes a little further.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #99-R-58, as shown on page __________, with amendments to read that this legislation is unconstitutional in the State of Florida Constitution, and this does not provide revenue for increased County services and Seminole County is not limited.

Under discussion, Chairman Henley said he agrees with Commissioner Morris that the issue is dead, but he doesn’t think it would be reason enough for the Board not to move forward; and he would like the Board to say they are opposed to any expansion of any type of gambling.

Commissioner Maloy said he agrees with that addition to the Resolution.

Districts 1, 2, 3, 4, and 5 voted AYE.

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Mr. Groot stated Senate Bill 1370 is a bill that relates to the regulation of solid waste management services, but it does not define those services which leaves areas of concern. He reviewed two issues which the Environmental Services Department has concern with: (1) This legislation takes the anti-trust exemption away from local government to provide solid waste management services beyond their jurisdiction (but it is not defined what that means); (2) If a local government were to displace a private provider, it requires five years notice or payment of 12 months gross receipts to that provider. Mr. Groot suggested the Board express their concern to the Legislative Delegation.

Environmental Services Director, Bob Adolphe, addressed the Board to state the bill handicaps local government in what they are trying to do to provide services to the community and is a special interest bill. He discussed some of the features of the bill and said he feels local governments need flexibility to control the marketplace so they can establish the best and most cost-effective waste management system for the citizens.

Mr. McMillan pointed out that one of the problems of this bill is that it is not perfectly clear.

Mr. Groot suggested the Board send a letter voicing their concern as to the vagueness of the bill.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve the recommendation of counsel to send a letter (copy received and filed) to the Legislative Delegation expressing concerns with Senate Bill 1370.

Districts 1, 2, 3, 4, and 5 voted AYE.

Mr. McMillan advised, for information only, the Board has prevailed with regard to Binford v. Board of County Commissioners of Seminole County.

Mr. McMillan briefed the Board on the status of the County Manager position search. He clarified that there will be no committee meeting and no committee has been appointed, as was reported in the newspaper. He said Mr. Slavin thinks he will know by Friday the 10 or 15 names of applicants and he will do a background analysis to provide the Board with the five names for their review and consideration.

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Mr. McMillan said there has been a lot of discussion on eminent domain settlements. He extended an invitation to each Commissioner to meet with his staff and, if interested, identify parcels on road projects in their districts and actually go through the eminent domain process and maybe sit in on a mediation. He said this would be a learning process of all the factors that go into the eminent domain issues.

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Upon inquiry by Commissioner Maloy regarding Binford v. Board of County Commissioners of Seminole County, Mr. McMillan advised the Board that this is not being appealed, but if it should be, he will come back to the Board for authorization to defend.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize the following:

Districts 1, 2, 3, 4, and 5 voted AYE.

County Finance Director Bob Wilson and Auditor Ron Conrad, Deloitte & Touche, addressed the Board to present the Comprehensive Annual Financial Report for the year ended September 30, 1998 (copy received and filed). Mr. Wilson noted that this report, referred to as the Auditor General Report, includes individual statements of the Board of County Commissioners, Clerk, Sheriff, Tax Collector and Property Appraiser, along with the Port Authority and Law Library, and some other reports. Mr. Wilson introduced Ron Conrad, Deloitte and Touche, and the Audit Team Manager. He advised that Tom Kuhn also participated in the audit but is not represented today, and said Clerk Maryanne Morse is out of town.

Mr. Conrad presented some highlights of the audit as detailed in the handout (copy received and filed). He briefly noted that the auditors are not issuing opinions regarding Year 2000. He stated there were no material compliance errors noted on compliance matters and no material weaknesses or reportable conditions noted on internal control. He said there are some comments in the Management Letter as required by statutory requirements.

Commissioner McLain requested staff to comment on the County’s position and what has been done to prepare for Y2K.

Commissioner Morris left the meeting room at this time.

Mr. Conrad reviewed the information on General Fund Operations. He said basically, he sees a healthy County, and the County is in a very good economic environment. He said the fund balances are in good shape and there was a nice increase in revenues which were used to further other objectives of the County.

Upon inquiry by Chairman Henley, Mr. Conrad said he will find out if the Tax Collector had included the Oviedo Mall in the information provided.

Mr. Conrad reported that the Internal Service Fund Operations balance is where they want it to be, and they see a strong balance in the Enterprise Funds Operations. Further, he said the solid waste landfill is in good shape and he is seeing some growth in the overall use in water and sewer systems.

Greg Holcomb and Al Hill, Information Technologies, addressed the Board to speak to the County’s position on Y2K. Mr. Holcomb said they have taken some pretty advanced steps to ensure compliance.

Commissioner Morris returned to the meeting room at this time.

Mr. Hill reviewed some of the things the County has done, such as replacing noncompliant software and hardware, and outsourcing of Information Services to HTE of Lake Mary primarily to replace the legacy software AS 400 which was noncompliant with modern, up-to-date software. He said staff has tried to be proactive in notifying the public by having a WEB Page as disclosure statements identifying departments and divisions that are completely compliant and providing public information issues of concern. He said they are also having monthly meetings of departments, divisions, and Constitutional Officers to ensure nothing has been omitted, and they are conducting testing and contingency plans. Staff is looking to have some type of public forum on a regular basis to have major representatives of the County service providers and allow the public to ask questions.

Commissioner Van Der Weide stated the Board has suggested the formation of an advisory committee, and he would like to have some experts on this committee to review and support the County’s different systems.

Upon inquiry by Commissioner Van Der Weide, Mr. Hill stated the Clerk’s Office uses Pentamation, which to their knowledge has not yet been certified compliant. Whereupon, Commissioner Van Der Weide requested a report from the Division Heads on which software system they are using (Pentamation or AS 400). He said the Pentamation system was sold on the idea that everyone was going to be able to use it and that has not been the case, and this had to have an impact on the money spent for two systems.

Chairman Henley stated he has spoken with Ms. Coto and some of the departments earlier and he thinks it would be appropriate to ask the County Manager to do some surveys among all the users of the two systems to identify what problems exist so they can look to see if there are solutions for all of them. He said as software changes rapidly and the County has had these systems for quite some time, he thinks it is appropriate for all the governmental and Constitutional Officers to take a look at where they are, particularly in view of the Y2K problems and see if they need to get on a uniform system that would meet the needs of all the County and Constitutional Officers.

Commissioner Van Der Weide asked to include identifying which system is being used and the reason why.

The Board had no objections.

Commissioner McLain stated this issue has been one highly debated and he recommends the first step is for the Chairman to personally meet with the Clerk and make sure she is up-to-speed on the intentions of this evaluation, because she is the one on Pentamation and the Board wants to maintain good relations and not make her feel like the Board is trying to usurp her responsibilities to the constituents. Chairman Henley said he has no problem with meeting with the Clerk. He stated there may not be a problem.

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Dave Grovdahl, MetroPlan Director of Transportation Planning, and County Engineer Jerry McCollum addressed the Board for a verbal presentation by Mr. Grovedahl on Air Quality.

Commissioners McLain and Van Der Weide left the meeting at this time.

Mr. Grovdahl reviewed from a slide presentation the air quality situation within the three-County region (Orange, Osceola, and Seminole), the existing problems and sources of those problems. He stated generally things have been pretty good over the last 20 years for air quality, but the standards recently changed.

Commissioner Van Der Weide reentered the meeting at this time.

Mr. Grovdahl stated all four stations in the region exceeded the national standards last year. He explained if it cannot be demonstrated that vehicle emissions can be kept within the established pollution standards, the counties can lose federal funds for highway projects.

Commissioner McLain reentered the meeting at this time.

In summary, Commissioner Morris noted that it is actually the sun that creates this form of pollution. Mr. Grovdahl affirmed that is correct and said not all of the pollution dissipates overnight and it starts over again the next day with a balance.

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Ray Rivera, representing Republic Services, addressed the Board to discuss DisposAll’s customer complaints as directed by the Board at the BCC meeting of March 23, 1999. A copy of the memorandum from Bob Adolphe to the Board was received and filed.

Mr. Rivera stated in the last week, they have completed two acquisitions of companies that service residents in Seminole County, Sure Sanitation and DisposAll. He said none of the information about complaints was released by the owner prior to acquisition, and he had no indication there had been the history which he saw today.

Shawn McFadden, Residential Manager, addressed the Board to state he has been operating Sure Sanitation since the mid 1980’s and they hope to turn around the service level 180^o for DisposAll. He reviewed the changes they have made and said the DisposAll trucks did not fit the routes and the workers were spending too much time going to and from the transfer stations. Mr. McFadden said he has ordered 10 new trucks.

Commissioner McLain stated he feels very confident these men are going to turn this service around.

Commissioner Morris stated he is pleased with the responsiveness the men have shown to be present today and make this type of presentation, and he is pleased with the way this management team is being formed. He asked Mr. Rivera if he would be willing to take three or four months to implement the changes and come back and give a summary report to the Board on the improvements. Mr. Rivera said he thinks six months would be ideal in terms of having all their equipment.

Chairman Henley stated he is very comfortable after meeting with Mr. Rivera; and after hearing the changes they were going to implement, he is comfortable that they will improve the service.

Commissioner Van Der Weide stated he doesn’t want anyone to think there is not accountability in the contract and that needs to be met and, hopefully, exceeded.

Commissioner Maloy asked if he was planning to send a note to the DisposAll customers. Mr. McFadden said what matters most to the customers is that garbage is picked up. The changes in management won’t matter to them. He asked for six months to get a track history and report back in October.

Commissioner Maloy reiterated the need for a card to the customers. Mr. Rivera said he will work on that with Mr. Adolphe. Whereupon, Commissioner Maloy asked him to put the changes in bullet form so they can have this information when people call the Commissioners.

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Chairman Henley advised the Add-on Briefing Item for the Wekiva River Protection Plan Amendments will be postponed until the 1:30 p.m. meeting.

Commissioner McLain questioned if there will be a new open enrollment period for additional coverage regarding Item #18, renewal of contract with Trans General Life Insurance Company and Zurick Insurance Company.

Human Resources Director, Nancy Tallent, addressed the Board to state she will report back to the Board this afternoon with this information, whereupon, Item #18 was pulled at this time.

Commissioner Maloy asked about the cost estimates for Item #12, Approve the termination of FC-139-98/BJC. A brief discussion ensued with Assistant County Engineer/Transportation Frank Van Pelt and the Board.

Commissioner McLain suggested allowing the District Commissioner to meet with staff to see if they can work this out. Whereupon, he suggested this item be pulled from this morning’s agenda for discussion at the 1:30 p.m. afternoon meeting.

Commissioner Maloy questioned Item #19, Public Hearings for adoption of Amendments to Chapter 40 and Chapter 85 of the Seminole County Building and Fire Code.

Planning and Development Director, Frances Chandler, addressed the Board to advise these amendments were State-initiated and have already been adopted by local jurisdictions surrounding Seminole County.

Upon inquiry by Commissioner Van Der Weide, Commissioner Morris suggested the Board can authorize scheduling the public hearing and can make changes at the public hearing.

Commissioner Morris requested Item #21, Authorize an additional $20,000 (for a total of $60,000) for construction of a restroom facility at the County’s Black Hammock Trailhead, be pulled for the afternoon meeting for staff to do more research.

Commissioner McLain discussed briefly Item #2, Assignment of Seagate Software Jobs Growth Incentive Agreement to Veritas Holding Company. He asked staff to look into this, and requested the item be pulled for a separate vote.

Chairman Henley clarified that Items #1, 2, 3, 12, 18 & 21 are pulled for discussion at the afternoon meeting.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize the following:

Budget

Districts 1, 2, 3, 4, and 5 voted AYE.

property located at 169 Manor Avenue, Altamonte Springs, Bruce Bouton and Pamela H. Davis, Case #98-02-CEB, as show on page _________.

Districts 1, 2, 3, 4, and 5 voted AYE.

Motion by Commissioner Morris, seconded by Commissioner McLain to approve Variances requested for two waivers: (1) to permit a 6’ high wooden fence, rather than a brick or masonry wall, along the rear of Lots 8 – 22 of Huntington Pointe Subdivision, and (2) to permit the depth of Lots 1 – 7 and 10 – 12 to be a minimum of 130’, rather than the 150’ required for double frontage lots; for property located east of I-4 and south of Emma Oaks Trail; Pulte Home Corporation.

Districts 1, 2, 3, 4, and 5 voted AYE.

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

The Board noted, for information only, the following Clerk’s "received and filed":.

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

Districts 1, 2, 3, 4, and 5 voted AYE.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve and authorize the Chairman to execute the Seminole County Sheriff’s Office, United States Department of Justice, Troops to COPS 99 Grant Application, as shown on page __________, in an amount not-to-exceed $45,000.

Districts 1, 2, 3, 4 and 5 voted AYE.

The Board, thereupon, recessed at 12:08 p.m., reconvening at 1:35 p.m., this same date with all Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, that were present at the Opening Session.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

Districts 1, 2, 3, 4, and 5 voted AYE.

Continuation of a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception for an Alcoholic Beverage Establishment (a package store) proposed for an existing beverage store located at the southwest corner of SR 46 and Upsala Road, as described in the proof of publication, Mita Patel.

Current Planning Manager, John Dwyer, addressed the Board to advise he is in receipt of a request from the appellant's attorney, Clay Simmons, for a continuance in order for him to be able to meet with staff. He added that staff would like to meet onsite with the applicant.

No one spoke in support or in opposition.

District Commissioner McLain stated he has no objection to the continuance.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue until May 11, 1999 at 1:30 p.m., or as soon thereafter as possible, consideration of an Appeal against the Board of Adjustment in denying a Special Exception for an Alcoholic Beverage Establishment (a package store) proposed for an existing beverage store located at the southwest corner of SR 46 and Upsala Road, as described in the proof of publication, Mita Patel.

Districts 1, 2, 3, 4 and 5 voted AYE.

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to vacate and abandon a portion of the drainage easement along the western boundary line of Lot 12 of Kingston Oaks Cove Subdivision, located west of Alafaya Trail and north of McCulloch Road, Viren and Prity Patel, received and filed.

Senior Planner, Gary Schindler, addressed the Board to present the request and to answer questions.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #99-R-55, as shown on page _______, vacating and abandoning a portion of the drainage easement along the western boundary line of Lot 12 of Kingston Oaks Cove Subdivision, located west of Alafaya Trail and north of McCulloch Road, as described in the proof of publication, Viren & Prity Patel.

Districts 1, 2, 3, 4 and 5 voted AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 Agriculture to PCD Planned Commercial Development for property located on the east side of C-15 (Upsala Road), south of Maronda Way and north of Iowa Avenue, Maronda Homes, received and filed.

Mr. Dwyer presented the request, advising the rezoning is to allow for expansion of the adjacent truss plant/industrial operation. The site will be used primarily for support offices, parking and interim open storage. He further advised the staff has no objections to the rezoning to allow support office uses with required parking and interim open storage associated with their existing industrial uses to the west and northwest subject to the following: (1) Additional landscaping to be planted adjacent to the interim open storage area consisting of a double row of trees; (2) Dedication of right-of-way for the Maronda Way extension; (3) Use of billboards is not recommended within the PCD; and (4) Industrial traffic should be permitted to only proceed to the north of Upsala Road until future improvements are completed on the southern portion of Upsala Road. He added that the Planning & Zoning Commission recommended the rezoning with staff recommendations.

Upon inquiry by Commissioner Morris, Mr. Dwyer briefly discussed the additional landscaping required. He advised that when the final site plan comes back, staff will establish the size and type of trees to be planted. Commissioner Morris suggested using cedar or something besides oak trees.

Randy Kirkwood, Planner with Harling & Locklin, addressed the Board to advise they are in agreement with the staff report and the conditions of approval.

No one else spoke in support or in opposition.

District Commissioner McLain recommended approval.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #99-9, as shown on page _______, rezoning from A-1 Agriculture to PCD Planning Commercial Development for property located on the east side of C-15 (Upsala Road), south of Maronda Way and north of Iowa Avenue, as described in the proof of publication, Maronda Homes, subject to staff comments and approval of Development Order, as shown on page ________.

Districts 1, 2, 3, 4 and 5 voted AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider a transfer of ownership and control from TCI TKR of Central Florida, Inc., to Time Warner Entertainment-Advance/Newhouse Partnership, received and filed.

Cable Coordinator, Matt Chesler, addressed the Board to present the request, advising an FCC Form #394 was received and has been reviewed by the County Attorney's Office. He added that staff is recommending approval of the transfer.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-56, as shown on page ________, transferring ownership and control from TCI TKR of Central Florida, Inc., to Time Warner Entertainment-Advance/Newhouse Partnership.

Districts 1, 2, 3, 4 and 5 voted AYE.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-50, as shown on page _______, commending the Seminole High School Dazzler Dance Team for their award-winning performance at the National Marching Auxiliary competition in San Antonio, Texas.

Districts 1, 2, 3, 4 and 5 voted AYE.

The Resolution was presented to Maureen Maguire, Dance Team Instructor, who addressed the Board to express her appreciation.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize release of budgeted funds in the amount of $17,500 for future funding for The Seminole Vision.

Under discussion, Commissioner Maloy stated that according to his records, the County has spent $51,500 for this program and he believes that is more than enough to develop a vision for the County. Therefore, he will be voting in opposition to the motion.

Chairman Henley stated he shares Commissioner Maloy's concern about the money. He said he believes this organization needs to move toward not having to depend upon government to support it. He further said there is a move under way to get more participation from the business industry. He stated, therefore, that he will be voting in support of the motion in order to give them an opportunity to become self-sufficient.

Commissioner McLain concurred with the Chairman.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Morris, seconded by Commissioner McLain to approve the Assignment of Jobs Growth Incentive Economic Development Agreement, as shown on page _______, assigning Seagate Software Network JGI Agreement dated June 5, 1996 to Veritas Holding Company.

Under discussion and upon request by Commissioner McLain, Planner, John Jones, addressed the Board to give a brief explanation of the request. Mr. Jones advised that if Veritas Holding Company does not satisfy the terms of the agreement dated June 5, 1996, they will be required to repay any incentive dollars in the amount of non-conformity.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Jobs Growth Incentive (JGI) Program reauthorization request was presented for action.

Chairman Henley stated he asked this item to be pulled from the Consent Agenda because he wanted to make sure the Board was not appropriating funding out of next year's budget. He said staff has clarified that the resolution does not authorize any funding. Whereupon, Mr. McMillan confirmed that it would not approve any additional funds. It only allows the Ordinance to exist for another year.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-57, as shown on page _______, reauthorizing the Jobs Growth Incentive (JGI) Program.

Under discussion, Commissioner Maloy stated he will be voting against the motion because the number one complaint he hears from citizens is the issue of growth. He said with the County growing so quickly and people moving to the County, he does not see a need for government to have a program to subsidize growth. He added that he believes this is a program that should fade away.

Commissioner Morris stated this is not unplanned growth.

Chairman Henley stated he will be supporting the motion in order to keep this option available. He said he would like to see this correspond to the fiscal year. Whereupon, Mr. McMillan advised the sunset provision is set forth in the ordinance; therefore, the ordinance would have to be amended.

Commissioner Van Der Weide agreed to leaving the option open. He stated he believes the number one wish, if there were a wish list, is to have a major employer, and not necessarily a high-tech employer, which would lift up the wages considerably higher than minimum wage. He said he believes that should be the County's next target.

Commissioner McLain stated he believes that each dollar expended on this program has been well calculated and well planned. He further stated that the program has done what the Board intended it to.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted Nay.

Revised agenda item for request to terminate FC-139-98/BJC, Howell Branch Road Landscape Project with Sterling Silverscape & Sod, Kissimmee, was received and filed.

County Engineer, Jerry McCollum, addressed the Board to advise Silverscape Sod was asking for $43,000 of the remaining balance and staff has negotiated that down to $18,000. In return, Silverscape has agreed not to pursue any litigation or claim.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the termination of FC-139-98/BJC, Howell Branch Road Landscape Project with Sterling Silverscape & Sod, Kissimmee.

Districts 1, 2, 3, 4 and 5 voted AYE.

Life & AD&D Renewal with Trans-General Life Insurance Company was presented for action.

Commissioner McLain advised they have agreed to have an open enrollment for the employees.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize renewal of Contract with Trans-General Life Insurance Company and Zurich Insurance Company, effective May 1, 1999.

Districts 1, 2, 3, 4 and 5 voted AYE.

Planner, Kathy Fall, addressed the Board to advise staff has received a request from the City of Winter Springs for an additional $20,000 (total amount of $60,000) for construction of a restroom facility at the County's Black Hammock Trailhead.

Kipton Lockcuff, Public Works Director for Winter Springs, addressed the Board to display a plan (not received & filed) for the building. He said he does not believe the City is willing to spend the money to make up this difference.

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to briefly discuss the history of the restroom facility.

Upon inquiry by Commissioner Morris, Mr. Lockcuff advised the City did not bid this project. Commissioner Morris said the original understanding was that the County would build the facility and the City would maintain it. Discussion ensued.

Commissioner Van Der Weide left the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner McLain to continue consideration of request from the City of Winter Springs for an additional $20,000 for construction of a restroom facility at the County's Black Hammock Trailhead, in order to allow staff to resolve issues dealing with design, maintenance and costs.

Under discussion, Commissioner Maloy stated if the County is paying for the facility, he would like to have staff explore what it would cost for the County to build it themselves.

Commissioner McLain stated the County may want to build this inhouse and since other trail restrooms will be built, they need to feel comfortable that this is the design they want to have.

Commissioner Van Der Weide re-entered the meeting at this time.

Districts 1, 2, 3, 4 and 5 voted AYE.

Commissioner Morris left the meeting at this time.

Director of Planning & Development, Frances Chandler, addressed the Board to request direction with regard to the settlement proposal from the Department of Community Affairs (DCA) concerning the Astor Farms and CFG Real Estate Group Planned Amendments.

Deputy County Attorney, Lonnie Groot, addressed the Board to advise the options are laid out in the Briefing Paper (copy was received & filed).

Commissioner McLain left the meeting at this time.

The Chairman recessed the meeting at 2:55 p.m., and reconvened the meeting at 3:05 p.m., with all Commissioners, except for Commissioner Morris, in attendance.

Ms. Chandler stated staff believes the DCA has submitted this proposal in good faith in order to create an effective and positive solution. She said staff recommends Option 3.

Bill Poe addressed the Board to state they could live with an expedited process.

Commissioner Van Der Weide stated he would like to see an agreement between the property owners, the East Central Florida Regional Planning Council (ECFRPC) and the County on the calendar of events relative to carrying out this issue and identifying the cost of the study with who will be paying what.

Ms. Chandler advised that the ECFRPC Executive Director, Sandra Glenn, has said they will bid this study out and will not do it inhouse.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize staff to move jointly with DCA to abate litigation for a period not to exceed the end of this year or the completion of phase one of the East Central Florida Regional Planning Council study, whichever occurs earlier; but if the study does not commence by July 1, 1999, the County has the unilateral right to set the hearing date; and to direct the Department of Planning & Development to continue to negotiate an interlocal agreement with all parties for funding of the study which will be brought back to the Board.

Under discussion, Commissioner McLain stated the Board, with this action, is stepping back and allowing the process to move forward.

Districts 1, 3, 4 and 5 voted AYE.

The Chairman presented request for a temporary salary adjustment for Acting County Manager, Cindy Coto.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve a 10% salary adjustment for Acting County Manager, Cindy Coto, effective April 3, 1999, bringing her salary to $116,527, with the adjustment to end on the date the new County Manager takes Office.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Van Der Weide left the meeting at this time.

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

1. Copy of letter dated 3/26/99 to Steve Seibert, Secretary-Fla. Department of Community Affairs from Frances Chandler, Planning & Development Director and Lonnie Groot, Deputy Co. Attorney re: Meeting on 3/24/99. (cc: BCC, Acting Co. Manager, Bobby Brantley-Legislative Consultant)

 

2. Copy of letters dated 3/25/99 to members of the Seminole County Legislative Delegation (with attached Resolution) from Lonnie Groot, Deputy Co. Attorney re: Preservation 2000 Resolution adopted by Board. (cc: BCC, Deputy Co. Manager, Bobby Brantley-Legislative Consultant)

 

3. Letter dated 3/29/99 to Chairman from James Berko, Executive Director-Seminole Community Mental Health Center re: Seminole’s equity and detoxification for mental health and substance abuse state dollars. (cc: BCC, Kathy Moghadas, President-SCMHC)

 

4. Letter dated 2/26/99 to Governor Bush from Chairman re: Fiscal impacts upon counties. (cc: BCC, Deputy Co. Manager, Fiscal Services Director, Deputy Co. Attorney, Bobby Brantley-Legislative Consultant)

 

5. Letters dated 3/26/99 to members of the Seminole County Legislative Delegation from Chairman re: House Bill 925-Proposed Committee Substitute for Senate Bill 1352. (cc: BCC, Pat Novy, Chairman-Hernando Co. Commission, Deputy Co. Manager, Environmental Services Director, Bobby Brantley-Legislative Consultant)

 

6. Letters dated 3/26/99 to members of the Seminole County Legislative Delegation from Chairman re: Support for sales tax exemption for publicly funded sponsors of athletic events. (cc: BCC, Acting Co. Manager, Tourist Development Director, Economic Development Director, Bobby Brantley-Legislative Consultant, John Saboor, Central Fla. Sports Commission)

 

7. Letters dated 3/26/99 to members of the Seminole County Legislative Delegation from Chairman re: Cuts in intangible tax. (cc: BCC, Deputy Co. Manager, Fiscal Services Director, Deputy Co. Attorney, Bobby Brantley-Legislative Consultant)

 

8. Memorandum dated 3/25/99 to BCC and Cindy Coto, Acting Co. Manager from Lonnie Groot, Deputy Co. Attorney re: Legislative Appropriations. (cc: County Engineer, Comprehensive Planning Manager, Stormwater Manager)

 

9. Copy of letter dated 3/24/99 to Women of the Moose from J. Suzy Goldman, Library & Leisure Services Director re: Appreciation for recent donation. (cc: BCC)

 

10. Letter dated 3/23/99 to Chairman from D. Ray Eubanks, Community Program Administrator-Department of Community Affairs re: Proposed Comprehensive Plan amendment submission. (cc: Planning & Development Director, BCC, Co. Manager, Deputy Co. Manager)

 

11. Letter dated 3/22/99 to Chairman from Nancy Christman, Intergovernmental Coordinator-St. Johns River Water Management District re: Upcoming presentation to BCC. (cc: Co. Manager, BCC)

 

12. Memorandum dated 3/23/99 to BCC, Gary Kaiser-Co. Manager, Cindy Coto-Deputy Co. Manager, Department Directors, Division Managers (with attachments) from Colleen Rotella, Comprehensive Planning Manager re: Information on Natural Gas Pipeline construction in Seminole County. (cc: Deputy Co. Attorney, Assistant Co. Attorney, Planning & Development Director, Development Review Manager, Current Planning Manager, Acting Building Official, Planner)

 

13. E-mail dated 3/24/99 to BCC from Keith Schue, Wekiva Issue Chair – Sierra Club Central Fla. Group re: Thank you for recent action.

 

14. Notice/Agenda for upcoming City of Oviedo Special meeting 3/29/99.

 

15. E-mail dated 3/24/99 to BCC from John, Janet, Amy Jamie & John, Jr. Kaplan re: Lafayette Forest Subdivision.

 

16. Facsimile dated 3/23/99 to BCC from Wanda Pile re: Opposition to Brooks Lane rezone. (cc: Co. Manager, Deputy Co. Manager, Current Planning)

 

17. Facsimile for Public Record from John & Leslie Puik re: Opposition to change Comprehensive Plan. (cc: BCC, Co. Manager, Deputy Co. Manager, Current Planning)

 

18. Facsimile dated 3/23/99 to BCC from Michelle Bryant & Jerry Bryant re: Opposition to Plan Amendment in the Orange Boulevard area. (cc: Co. Manager, Deputy Co. Manager, Current Planning)

 

19. E-mail dated 3/22/99 to BCC from William & Linda Rhoden re: Opposition to rezone on Red Bug Lake Road. (cc: Co. Manager, Deputy Co. Manager, Current Planning)

 

20. E-mail dated 3/22/99 to BCC from John and Janet Kaplan re: Lafayette Forest Subdivision. (cc: Co. Manager, Deputy Co. Manager, Current Planning)

 

21. Minutes from Development Advisory Board meeting 3/1/99.

 

22. Facsimile dated 3/23/99 to BCC from Susan Kairys-Courech re: Suburban Estate definition clarification. (cc: Co. Manager, Deputy Co. Manager, Current Planning)

 

23. Contracts for services, as shown on page _________, between Seminole County Parks & Recreation and the following: David Mease (Field Supervisor), Chris Kelley (Slow Pitch Scorekeeper), Mark Thaens (Slow Pitch Scorekeeper), Richard Oswald (Tennis Instructor), Heath Cohen (Tennis Instructor), and Louis Massino (Slow Pitch Umpire.)

1. Letter dated 3/30/99 to Chairman from Ann Drawdy, Legislative Assistant-Senator Daniel Webster re: Response to Support of Funding letter. (cc: BCC)

 

2. Copy of memorandum dated 3/29/99 to D. Ray Eubanks, FDCA-Planning Manager & James Stansbury FDCA-Community Program Administrator (with attached letter dated 3/4/99 to Frances Chandler) from Sandra Glenn, Executive Director-East Central Fla. Regional Planning Council re: Comp Plan Amendment. (cc: BCC, Co. Manager, Planning & Development Director)

 

3. Letters dated 3/31/99 to the Mayors of all Seminole County cities (with attached draft resolution) from Chairman re: Enacting similar ordinances relating to impact fees. (cc: BCC, Deputy Co. Manager)

 

4. Letter dated 3/30/99 to BCC from Joan Thompson, Executive Director-Missing Children Center re: Gratitude for support.

 

5. Copy of memorandum dated 3/29/99 to Recording Secretary from Kathryn Brown, Senior Planner re: Submissions into County Records. (cc: Co. Manager, BCC)

 

6. Memorandum dated 4/1/99 to Acting Co. Manager and BCC (with attached letters from Nancy Kay Grady, Senior Account Manager-United Health Care and Mark English, Administrator-George Pyke Family Practice) from Nancy Tallent, Director-Human Resources Department re: United Healthcare-Dr. Pyke.

 

7. Notice of Public Hearing to consider a dimensional variance from the City of Sanford. (cc: Current Planning)

 

8. Copy of letter dated 4/2/99 to Stephen Combs from J. Suzy Goldman, Director-Library & Leisure Services re: Thank you for recent donation. (cc: BCC)

 

9. Copy of letter dated 4/2/99 to Cindy Gennell, Deputy Mayor-City of Winter Springs from Cindy Coto, Deputy Co. Manager re: Placing Seminole County on upcoming CALNO agenda. (cc: BCC, Co. Attorney, Environmental Services Director, Planning & Development Director)

 

10. Letter dated 4/1/99 to BCC from Percy Mallison, Director-Division of State Lands re: Clifton Springs. (cc: Deputy Co. Attorney, Kirby Green, John Costigan, Cabinet Aides)

 

11. Copy of letter dated 4/1/99 to Cynthia Coto, Deputy Co. Manager from Eugene Williford, III, City Manager-Oviedo re: City of Oviedo and Seminole County Reclaimed Water Programs. (cc: City Council, BCC, Environmental Services Director)

 

12. Letter dated 4/1/99 to Chairman from Clayton Wilder, Community Program Administrator-Dept. of Community Affairs re: Receipt and Acceptance of financial and programmatic reports for Information System Enhancement Project. (cc: BCC, Fiscal Services, Co. Manager)

 

13. Letter dated 4/1/99 to Chairman from Clayton Wilder, Community Program Administrator-Dept. of Community Affairs re: Receipt and acceptance of financial and programmatic reports for Seminole County Teen Court III. (cc: BCC, Fiscal Services, Co. Manager)

 

14. Letter dated 4/1/99 to Chairman (with attached notice) from James Ely, District Secretary-Fla. Dept. of Transportation re: Public Information Meeting on Western Beltway, Part C. (cc: BCC, Co. Manager, Engineering, Comprehensive Planning-Transportation)

 

15. E-mail dated 3/31/99 to BCC from Mr. & Mrs. Eugene McKay re: Opposition to zoning change.

 

16. Copy of letter dated 3/31/99 to Douglas Elam (with attachment) from Cynthia Hall, Director-Fiscal Services re: Response to Questions. (cc: BCC, Co. Manager, Deputy Co. Manager)

 

17. Copy of letter dated 3/13/99 to Shaw Stiller, Assistant General Counsel-Fla. Dept. of Community Affairs (with attached letter dated 3/26/99 to Ken Wright) from Lonnie Groot, Deputy Co. Attorney re: Meeting of 4/8/99. (cc: BCC, Sandra Glenn, Executive Director-ECFRPC, Acting Co. Manager, Planning & Development Director, Scott Price-Esquire, Ken Wright-Esquire, Bobby Brantley)

 

18. Memorandum dated 3/13/99 to BCC, Co. Manager, Deputy Co. Manager, Department Directors (with attached report) from Cindy Hall, Director-Fiscal Services re: Quarterly Business Report.

 

19. Letter dated 4/1/99 to Chairman from Congressman John Mica re: Update of Transportation Funding. (cc: BCC)

 

20. Copy of letter dated 4/2/99 to Shaw Stiller, Assistant General Counsel-Fla. Dept. of Community Affairs from Lonnie Groot, Deputy Co. Attorney re: Upcoming 4/8/99 meeting. (cc: BCC, Sandra Glenn, Executive Director-ECFRPC, Acting Co. Manager, Planning & Development Director, Bobby Brantley)

 

21. Memorandum dated 4/2/99 to BCC from Greg Hass, Assistant Co. Attorney re: Cable Television Franchise Transfer. (cc: Acting Co. Manager, Information Technologies-Manager, Telecommunications, Franchise Coordinator)

 

22. Notice of Public Hearing-City of Lake Mary for proposed amendment to the Heathrow International Business Center Development of Regional Impact (cc: BCC, Acting Co. Manager, Planning & Development Director, Comp. Planning, Current Planning)

 

23. Letter dated 3/31/99 to Chairman from Joe Garcia, Chairman-Public Services Commission re: Impending changes in telephone service. (cc: BCC, Acting Co. Manager, Information Technology)

 

24. Letter dated 3/30/99 to BCC (with attached statute) from Gregg Caro, FDOT Project Manager re: Notice of upcoming studies on SR 434. (cc: BCC, Acting Co. Manager, Co. Attorney, Public Works Director, Co. Engineer)

 

25. Letter dated 3/19/99 to Chief Elected Official from J. Thomas Beck, Director-Dept.. of Community Affairs re: Inclusion of school location criteria in comprehensive plans. (cc: BCC, Acting Co. Manager, Planning & Development, Comp. Planning)

 

26. Letter dated 4/1/99 to Ray Rivera, DisposAll (with attachment) from Cynthia Coto, Deputy Co. Manager re: Confirmation of appearing before BCC. (cc: BCC, Environmental Services Director)

 

27. Letter dated 3/23/99 to Chairman from Cardell Cooper, Assistant Secretary-U.S. Dept. of Housing & Urban Development re: 25^th Anniversary of Community Block Grant Programs. (cc: BCC, Deputy Co. Manager, CDBG)

 

28. Letter dated 3/25/99 to Chairman from James Russo, Public Defender re: Move to new location. (cc: BCC, Deputy Co. Manager, Administrative Services Director)

 

29. Letter dated 3/22/99 to Chairman from Thomas Speer, Chairman, Richard Colgrove, Vice-Chairman and Thomas Greene, Secretary/Treasurer-Law Library Board of Trustees re: Courthouse Annex. (cc: BCC, Co. Manager, Deputy Co. Manager)

 

30. Letter dated 3/29/99 to Chairman from Frederick Leonhardt, Gray Harris & Robinson re: Red Bug Residential Coalition. (cc: Greg Pryor, Michael Krause, Gary Dickins, BCC)

 

31. Letter dated 3/26/99 to Chairman (with attached Resolution) from Welton Cadwell, Chairman – Lake County Board of County Commissioners re: Home Rule Authority. (cc: BCC, Deputy Co. Attorney, Co. Manager, Deputy Co. Manager)

 

32. Letter dated 3/25/99 to Chairman from Scott Cox, Financial Consultant-Merrill Lynch re: Serving on Seminole County Port Authority. (cc: Gloria Greco-Merrill Lynch, Dennis Dolgner, SCOPA Administrator, BCC, Co. Manager, Deputy Co. Manager)

 

33. Copy of letter dated 3/19/99 to Larry Watren from Sonny Sutherland, Acting Building Official re: 1445 Shadwell Circle. (cc: BCC, Planning & Development Director, Deputy Co. Attorney)

Commissioner Maloy advised he will not be in attendance at tonight's meeting. He announced the new addition to the Maloy family is Bradley Pierce Maloy.

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Commissioner Maloy briefly discussed Orange County's procurement practice of local preference.

Ms. Coto advised she will check to see if this policy is still in effect and will report back to Commissioner Maloy.

Chairman Henley briefly discussed the Tourism Development Council's meeting, advising TDC tax dollars were up again in January, where they had been down briefly before.

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The Board, thereupon, recessed at 3:32 p.m., reconvening at 7:00 p.m., with all Commissioners and all other Officials, (with Commissioner Maloy being absent), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Chairman Henley stated that Commissioner Maloy indicated he would be unable to attend tonight’s meeting.

Continuation of a public hearing to consider Large Scale Comprehensive Plan Amendment from Suburban Estates to Planned Development; Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of CR 46A and west of International Parkway, approximately 44 acres, Miranda Fitzgerald; and Heathrow International Business Center (HIBC) DRI, Notice of Proposed Change; property located at the southwest corner of Interstate 4 and CR 46A, HIBC Development Co., as described in the proof of publication, as shown on page __________.

Cindy Coto, Interim County Manager, advised that three public hearings associated with the Heathrow DRI were scheduled tonight and staff is recommending that these items be continued to June 8, 1999. She stated the reason for the continuance is because issues have not been resolved between the County and the applicant.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue to June 8, 1999 at 7:00 p.m. or as soon thereafter as possible, Large Scale Comprehensive Plan Amendment from Suburban Estates to Planned Development; Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of CR 46A and west of International Parkway, approximately 44 acres, Miranda F. Fitzgerald; and HIBC DRI – Notice of Proposed Change; property located at the southwest corner of Interstate 4 and CR 46A, as described in the proof of publication, HIBC Development Co.

Districts 2, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider the Genova Drive Water Distribution Municipal Services Benefits Unit (MSBU), received and filed.

Gail Bigelow, MSBU Analyst, addressed the Board to state the total estimated cost of the project is $49,173.70. The estimated annual assessment for each property owner is $767.69 per year over a 10-year period and the estimated up-front payoff is $5,463.74. She added 70% of the nine property owners signed a petition in favor of the MSBU.

No one spoke in favor or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #99-10, as shown on page __________, establishing the Genova Drive Water Distribution MSBU and estimated assessments, with staff recommendations.

Districts 2, 3, 4 and 5 voted AYE.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:05 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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