The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:04 a.m. on Tuesday, January 12, 1999, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

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)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor George Sledd, Jordan Baptist Church, Sanford, gave the Invocation.

Commissioner Randy Morris led the Pledge of Allegiance.

Ron Rose, Executive Director of the Sanford Chamber of Commerce, addressed the Board to express his appreciation for the County’s support of the Sanford Heritage Festival. He said this support was vital to the overall success of the Festival.

Commissioner McLain thanked Mr. Rose and his Board for the excellent event, stating it was well-attended and he is looking forward to many more of these events for the community.

Economic Development Manager, Bob Turk, addressed the Board to present the highlights of the 1998 Seminole County Economic Report (Report was received and filed). He introduced Steve

Kelly of the Florida Planning Group, and Planner, John Jones, who assisted in preparing this study.

Mr. Turk advised that while the State and the region created less jobs than projected, Seminole County created more. He said this was because of the commitment the Commission made in 1993.

Mr. Kelly stated Seminole County’s Economic Development Program has been a success because the Board was brave enough to take action back in the early 1990’s that many communities have been afraid to do. He said that not only did the Board establish the Economic Development Program, but they also planned the I-4 corridor, pursued open space and provided good schools. All of that attracted good development and will continue to attract it in the future. He added that the Board has successfully shifted the tax base away from their homeowners.

Chairman Henley commended staff and Mr. Kelley for a good report.

Current Planning Manager, John Dwyer, addressed the Board to remind the Board that on December 7, 1998, they directed staff to propose certain changes to the Outdoor Advertising Ordinance and to bring those proposed changes back for discussion. He briefly reviewed the following proposed changes which are included in the ordinance: Provisions for Junior Poster Boards; Reduced setbacks in M-1 zoning; Setbacks from residential zoning and land use; Landscape waiver provisions; Height increase from 30’ to 40’; and Provisions for billboard cut-outs. He advised that the proposed ordinance does not contain a provision for billboards to be placed along the Greenway or a provision for Developer’s Agreements. He further advised that the ordinance will be reviewed by the P & Z/LPA on February 3, 1999 and by the BCC on February 9 and 23, 1999.

Commissioner Morris stated he cannot support the changes in the draft ordinance because he sees them as a weakening of the current law that has been in place for some years.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to proceed with the proposed Billboard Ordinance; and authorize staff to schedule and advertise public hearings for February 9 and 23, 1999, as previously directed.

Under discussion, Commissioner McLain stated he does not believe the County is getting anything out of this deal. He stated he feels that the ordinance is a liberalization and that there is not a lot to enforce.

Districts 1, 3 and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

Director of Planning & Development, Frances Chandler, addressed the Board to advise, per Board direction, staff has evaluated the possibility of exempting private schools from the payment of infrastructure and service impact fees. Those fees would include road impact fees, fire impact fees, and water and sewer connection fees. She stated the analysis has been prepared in two parts – road/fire impact fees and water/sewer connection fees. She explained that staff has prepared a draft ordinance dealing with the exemption of road and fire impact fees.

Commissioner Maloy stated he believes the proposed ordinance is good news.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize advertising proposed ordinance amending the Land Development Code of Seminole County relating to the collection of impact fees assessed to private and public schools; and to direct the Department of Fiscal Services to prepare an economic impact statement relating to the proposed Ordinance.

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

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DCM, Cindy Coto, addressed the Board to state water and sewer connection fees are different than road and fire impact fees. She explained that municipalities and private companies also provide services that impact private schools. If the Board wishes to not impose connection fees within the County’s service area they can do that, but it will not address the situation County-wide. She further advised that the County does receive services on a wholesale basis which are provided through agreements and there is no provision for non-payment of connection fees in those agreements. She said staff would need direction to renegotiate the agreements.

County Attorney, Robert McMillan, advised the staff is not looking for direction today to advertise anything, but wants to come back to the Board to deal with these issues.

Chairman Henley suggested holding a work session to discuss these issues further. Whereupon, Commissioner Van Der Weide concurred.

The Board, by unanimous consensus, directed staff to prepare and come back with more detailed information on the steps necessary to exempt private schools from the payment of water and sewer connection fees if the Board chooses to enact an ordinance, with same to be brought back at a scheduled work session.

Ms. Chandler requested direction from the Board with regard to the placement of waterway signage and buoys on County lakes. She advised the regulations governing the placement of markers as an aid to navigation requires the County to make application for a series of permits from the Florida Department of Environmental Protection for each structure. She reviewed with the Board the County’s procedures for placement of waterway signage as outlined in the Agenda Memorandum (copy received & filed).

Commissioner McLain stated the Sheriff, per his letter, has made it clear that he does not feel these are necessary for enforcement purposes. Therefore, he said he would not be in favor of any new taxes for the purposes of providing these items.

Commissioner Van Der Weide stated he believes there are a lot of problems and potential problems with the placement of these buoys and the cost could be astronomical.

Commissioner Morris questioned how the Board can deal with the request from the Sweetwater Oaks Association for a swimming area. Whereupon, Commissioner Van Der Weide stated he believes there is a way to do that with buoys that float instead of touching the bottom of the lake.

Ms. Chandler advised swimming areas are designated with different kinds of buoys and are not an aid to navigation. Therefore, associations can apply for them themselves. Whereupon, the Board directed Ms. Chandler to communicate this information to the Sweetwater Oaks Association.

The Board took no action to proceed with a buoy marker placement program.

Assistant County Attorney, Lonnie Groot, addressed the Board to state this discussion comes about because of some of the Court decisions that have been handed down recently. He briefly reviewed the Agenda Memorandum (copy received & filed) and stated staff is seeking direction on whether the Board is interested in evaluating their land use decision-making procedures. He explained that when the Board is making a decision on an amendment to the Comp Plan, that is a legislative decision versus a rezoning, which is a quasi-judicial decision. He stated that in several cases, the staff’s report and the Board’s decision were not the same and the Court concluded that based on staff’s report alone, there was no testimony to overcome the staff’s report. One solution to the problem is the Board changing their procedure to have a bifurcated hearing process. Under this process, the Board would hold one hearing to hear public input and a second hearing for presentation of the staff report generated after the first public hearing. Another alternative is a limited bifurcated hearing process, wherein, staff would prepare a staff report of proposed/alternative findings of fact for the P&Z or Board of Adjustment. The P&Z or BOA would hear public comment at this public hearing and as a part of the recommendation of the request or decision they would determine whether the request under consideration was of significant public concern to require that the Board’s hearing process for the request be bifurcated. Discussion ensued.

Commissioner Van Der Weide stated he would like to have a report on what the cost of this would be.

Commissioner Maloy stated he could foresee problems with two hearings where the public is not allowed to speak at the second hearing.

Commissioner Van Der Weide suggested the Board hire their own expert witnesses.

Commissioner Morris concurred with Commissioner Maloy, stating under the bifurcated hearing process there would be problems. He said the Board has prided itself on having the least amount of rules which limit public participation and he does not believe it is a good way to go if they can help it. He suggested scheduling a work session to discuss minimal procedure in order to come into compliance. Whereupon, Commissioner Van Der Weide agreed.

The Board, by unanimous consensus, directed staff to schedule a work session to discuss minimal land use procedures necessary to come into compliance.

Ms. Chandler advised the County is in receipt of a revised response from DCA with regard to the Evaluation Appraisal Report. She, therefore, requested direction to schedule a public hearing to consider the addendum to the EAR.

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize advertising and scheduling a public hearing on January 26, 1999 to consider the addendum to the EAR and consideration of a resolution adopting the EAR.

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

The Board directed the Community Information Coordinator to put out a press release regarding the revised DCA response.

Mr. McMillan advised that the American Center for Law and Justice (ACLJ) has agreed to assist Rick Nelson of the American Liberties Institute pro bono in the defense of the Public Decency Ordinance.

Mr. McMillan further advised that his office has reviewed all of the adult entertainment cases and has met with Andy Brumby of Shutts & Bowen and has determined that transition of those cases to the ACLJ is feasible. He recommended that the current appeals continue to be handled by Shutts & Bowen until completion; and if the Board wishes to have the remainder of the cases handled by another party, there would need to be a transition period. He stated he is in receipt of a letter from the ACLJ indicating they would be unable to represent the County in its current litigation involving the Adult Entertainment Ordinance. However, Mr. Nelson is willing to represent the County in this litigation. He requested Board direction on how to proceed.

Upon inquiry by Commissioner Morris, Mr. McMillan advised Mr. Nelson indicated with regard to the Adult Entertainment Ordinance cases, he would charge $125 an hour/attorney with no charge for the paralegal’s time. All the time spent during the transition process would be pro bono.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize staff to negotiate with the American Liberties Institute (Rick Nelson) for representation on all Adult Entertainment Ordinance cases that are not under active appeal, with Shutts & Bowen to continue with those appeals until completion and to continue through the transition period.

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

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Mr. McMillan advised, per Board request, the following dollars have been expended in defense of Adult Entertainment: 1996/1997 - $122,030; 1997/1998 - $170,746; and through November 1998 - $13,600.

Commissioner Morris discussed with Commissioner Maloy the County’s use of crepe myrtles for roadway landscaping. Commissioner Maloy suggested using holly trees instead of crepe myrtles when possible.

Discussion ensued with regard to Item #24, Budget Amendment Request in the amount of $900,932, purchase of trailers and shuttle truck refurbishment. Commissioner Maloy stated he would like to pull this item for a closer look.

County Manager, Gary Kaiser, stated staff can come back with more information in two weeks as there are several issues involved.

The Board withdrew from the agenda Item #24, to be brought back on January 26, 1999.

Commissioner Maloy questioned if Item #39, Amendment #3 to RFP-437-98/BJC, BCC Auditorium Audio/Video Retrofit and Installation, is the last request for additional funds for this project. He said the initial cost was supposed to be $100,000 and by his calculations, the cost is up to $300,000.

Commissioner Morris stated he would like to see an expenditure list of costs directly associated with the broadcasting.

Commissioner Maloy stated he would like pulled for a separate vote Item #1, Production Agreement with WMFE and Item #3, Central Florida Innovation Corporation Agreement.

Discussion ensued with regard to Item #1, Production Agreement with Community Communications, Inc., WMFE.

Commissioner Morris stated this was discussed during Budget Work Sessions. He said once the Board tentatively commits to funding during the budget process, there is an expectation; and he would not agree to withdraw funding at this point when WMFE has counted on the funding for a full quarter.

Motion by Commissioner Morris, seconded by Commissioner McLain to approve and authorize the Chairman to execute Production Agreement, as shown on page ________, in an not-to-exceed amount of $40,000, with Community Communications, Inc., WMFE.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve requested change in language of Agreement, between Central Florida Innovation Corporation (CFIC) and Seminole County; and authorize the Chairman to execute Amended Agreement, as shown on page _________.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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

1. Expenditure Approval Lists, as shown on page _______, dated December 1, 8, 15, and 22, 1998; and Payroll Approval Lists, as shown on page ________, dated December 10 and 24, 1998, and January 7, 1999.

 

2. Chairman to execute Satisfaction of Judgment for Bail Bond Lien for Pedro Antonio Gonzalez and Accredited Surety & Casualty Co., #95-2912MMA - $1,038.

 

3. Chairman to execute the following Satisfactions of Judgment for Application Fees and Court Costs:

 

Felipe Soto, #98001087CFA - $40 Public Defender Application Fee

Stephanie Miller, #98000361CFE - $40 Public Defender Application Fee

Jose Maldonado, #96001828CFB - $40 Public Defender Application Fee

Horace Simmons, #94001164CFA - $253 Court Costs and interest

Carl Neal, #93000206CFA - $253 Court Costs and $97.69 interest

Frederick Dorr, #97004290CFA - $40 Public Defender Application Fee

Charles L. Booth, #98005572MMA - $40 Public Defender Application Fee

William E. Kinnaird, #98002177MMA - $40 Public Defender Application Fee

Norman Allen, #93001131CFA - $253 Court Costs and $107.38 interest

Rafael J. Polanco, #98001172CFA - $40 Public Defender Application Fee

Gerald E. Logan, #98000681CFA - $40 Public Defender Application Fee

Brenda Williams Alabi, #980002747CFA - $278

4. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:

1. Denial of Application for Construction Permit, as shown on page ________, pertaining to Right-of-Way Utilization (Chapman Road), per BCC action of September 22, 1998.

Mr. Groot advised that Sandra Glenn of the MPO has expressed an interest in having a technical date-driven study of the River.

Commissioner Morris stated there seems to be a lack of trust with what the County is doing with respect to this item and the Wekiva River. He, therefore, recommended, that without considerable endorsement for this item by community groups, it be dropped back on the priority list.

Mr. Groot advised that DCA was excited about the proposed bill.

Chairman Henley stated the County needs to do what they can to alleviate the fear. Because of the lack of trust, he does not want to give up something that is good.

Motion by Commissioner Morris, seconded by Commissioner McLain to move High Priority Item #2, Attain passage of the Wekiva River Protection Act II and attain funding for the initial study required by the legislation, to General Priority, unless there is substantial support from the community.

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

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Mr. Groot advised the City of Altamonte Springs has taken a position relative to the MPO being bound by the Administrative Procedure Act. He said the City will be bringing that item forward to ensure that the MPO is bound by the Act.

Chairman Henley stated he concurs with the position of Altamonte Springs.

Mr. Groot further advised that Comprehensive Planning is seeking authorization to send a letter to the Department of Elder Affairs requesting support of equitable funding of the Assisted Living Medicaid Waiver Program and the specific allotment of 100 additional Medicaid Waiver Slots in the County.

Upon inquiry by Commissioner Morris, Huey Davis, Housing Specialist, addressed the Board to advise these will be private projects and will be run in partnership.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to execute Letter, as shown on page ________, to the Department of Elder Affairs in support of equitable funding of the Assisted Living Medicaid Waiver Program and allot to Seminole County additional Medicaid Waiver Slots.

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

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Motion by Commissioner Morris, seconded by Commissioner McLain to endorse the following for presentation to the Legislative Delegation on January 14, 1999, and to approve staff assignments relative to items outlined in the Agenda Memorandum:

1. Attain funding for the Little Wekiva River Restoration Project.
2. Attain first phase of funding for the U.S. Highway 17/92 Drainage Project.
3. Attain funding for the Cross Seminole Trail.
4. Ensure that public access to local government officials is protected to the maximum extent possible (ex parte communications issue).
5. Ensure that the infrastructure surtax legislation is not amended to extend or expand the imposition of the tax by counties.

1. Attain passage of the Wekiva River Protection Act II and attain funding for the initial study required by the legislation.
2. Restablish funding for U.S. 17/92 Flyover.
3. Attain funding for Clifton Springs restoration if feasible.

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Commissioner Morris requested more time to consider and discuss the City of Altamonte Springs’ request with regard to the MPO. Whereupon, the Chairman stated he does not have a problem continuing this item for two weeks.

Bobby Brantley, County Lobbyist, addressed the Board to state this is the first time he has heard of this issue and he would have to review it further before giving a recommendation.

The Board voiced no objections to continuing discussion on this item for two weeks pending further review.

Mr. Brantley expressed his appreciation for the opportunity to be in attendance and advised he will be back on January 14, 1999 for the Legislative Delegation presentation.

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to request direction with regard to the acquisition of Katie’s Wekiva River Landing. She advised staff used the two State appraisals and the property owner’s appraisal; and had Mr. Bob Risner, an MAI, review them to come up with the proposed purchase price of $700,000. She said the proposed contract includes personal property being turned over to the County; a provision that all current tenants will be vacated prior to closing; and a binding statement from the SJRWMD regarding the County’s ability to receive permits and approval for the conceptual site uses.

Commissioner Maloy stated there was discussion at the last meeting with regard to the appraisal of the property. He said he is in receipt of a Memorandum dated December 28, 1998 from County Property Appraiser, Bill Suber, indicating that the property is appraised by his office at approximately $300,000. He further said he believes there is a major discrepancy between the proposed purchase price and the Property Appraiser’s value.

Commissioner Morris recommended moving this item to this afternoon’s meeting and having Mr. Suber in attendance to explain his appraisal. The Board voiced no objections to same.

Ms. Coto advised staff is requesting that the Wastewater and Reclaimed Water Service Agreement with UCF, Orange County and the City of Orlando be withdrawn from the agenda. Whereupon, the Board voiced no objections to withdrawing same.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Official Minutes dated November 24 and December 8, 1998.

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

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The Board, thereupon, recessed at 12:02 p.m., reconvening at 1:34 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy Wall, who was replaced by Deputy Clerk Carylon Cohen, who were present in the Opening Session.

Chairman Henley recognized Nancy Tallent, Human Resources Director, who introduced John Reichert, Chairman of the Awards and Recognition Program. Mr. Reichert, Senior Team Leader in the Roads Division, Public Works Department, addressed the Board to make a special, surprise presentation of a poster board thank-you card to the Board of County Commissioners signed by the employees for the Board’s efforts during the past year for the Merit Program, Tuition Reimbursement Program, Awards and Recognition Program, and their ongoing belief in the most valuable asset of Seminole County--its members.

Chairman Henley expressed thanks to Mr. Reichert and accepted the card on behalf of the Board. He encouraged Mr. Reichert to keep up the good work.

Commissioner Van Der Weide expressed appreciation for the effort to just get all the signatures on the card and said he is appreciative of what’s being done by the employees.

Commissioner Morris stated it has been a remarkable year in change and one they all can be very proud of.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to accept the proofs of publication for this meeting’s scheduled public hearings.

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

County Manager, Gary Kaiser, left the meeting room at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider approval of resolution to transfer ownership and control of the non-exclusive franchise from TCI TKR of Central Florida, Inc. to AT&T Corp., received and filed.

Matt Chesler, Cable Franchising, addressed the Board to state staff recommends the Board consider approval of the Resolution for the transfer of ownership from TCI TKR of Central Florida to AT&T. Staff has received the appropriate application, and the County Attorney’s Office has reviewed it and found that everything is in order. He said staff believes this will be in the best interest of the cable TV customers of the County. He advised that subsequent to this request, staff received another request from TCI to transfer ownership of their local system to Time Warner. Staff will bring that request before the Board in the near future.

Mr. Kaiser returned to the meeting room at this time.

Upon inquiry by Commissioner Morris, Mr. Chesler explained the takeover of TCI by AT&T deals with the entire system merger, and the takeover of TCI by Time Warner involves a trade of some of the systems operating in Seminole County.

Upon further inquiry by Commissioner Van Der Weide, Greg Holcomb, Telecommunications Manager, explained that TCI is going to become a subsidiary of AT&T and the subject transfer today will not affect anything. He said the transfer of TCI to Time Warner (which will be reviewed later) will affect the County.

County Attorney, Robert McMillan, explained that after the takeover by Time Warner, AT&T will not be in Seminole County.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #99-R-6, as shown on page __________, approving transfer of ownership and control of the non-exclusive franchise from TCI TKR of Central Florida, Inc., to AT&T Corp., as described in the proof of publication.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider request to rezone from R-1AA (Single Family Residential) to R-1A (Single Family Residential); property located on the east side of Brantley Drive and southwest of Wekiva Springs Road, Michael Calhoun, received and filed.

Senior Planner, Don Fisher, addressed the Board to present the request to rezone .46 acres. He stated based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County's adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property from R-1AA to R-1A, subject to compliance with the subdivision regulations of the Land Development Code. He advised further that the P & Z Commission unanimously recommended the rezoning subject to staff recommendations.

Mr. Fisher distributed copies of a letter (received and filed) received yesterday from Mallory W. Iles pertaining to subdivision regulations which appears to be in opposition to this request. Mr. Fisher said this rezoning is compatible with the surrounding area.

Yvonne Weaver, 917 Brantley Drive, addressed the Board to state this is not in keeping with the existing homes in the neighborhood. She said her house is 2,400 square feet and she doesn't want to see 1,100 square foot houses across from her. She asked the Board to stipulate in writing that the homes must be 2,000 square feet in keeping with the neighborhood; and if the property is to be divided, someone in the neighborhood is to be notified.

Mr. Fisher stated he did not see the applicant in the audience. He advised Commissioner McLain that the minimum house size is 1,300 square feet. He said the applicant has not advised staff of the house sizes planned to be built.

Commissioner McLain said it would be nice to get an answer to the issue of the house size. He asked Mr. Fisher to note Ms. Weaver’s name so that she is notified of any additional hearings on this subject.

No one else spoke in support or in opposition.

Speaker Request Form for Yvonne Weaver was received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt Ordinance rezoning to R-1A the property located on the east side of Brantley Drive and southwest of Wekiva Springs Road, based on the P & Z recommendation and staff recommendations, and with the stipulation that the homes be no smaller than 2,000 square feet; and adoption of the Development Order; as described in the proof of publication, Michael Calhoun.

Under discussion, Commissioner Morris asked for clarification that the 2,000 square feet is based on how the County calculates; and Commissioner Van Der Weide concurred.

Mr. McMillan said it might be prudent to continue this and have the property owner present to discuss and give concurrence before the Board decides he can build a bigger house than he can.

Chairman Henley said he thinks it is appropriate to withhold further action until the developer has the opportunity to know the stipulations.

Whereupon, Commissioner Van Der Weide withdrew his motion and Commissioner Morris concurred.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to continue to January 26, 1999, the request to rezone to R-1A (Single Family Residential) property located on the east side of Brantley Drive and southwest of Wekiva Springs Road; as described in the proof of publication, Michael Calhoun.

Commissioner McLain discussed with staff the policy for notifying surrounding property owners.

Commissioner Morris noted that the continuance of this item is due to withdrawal of the motion to rezone, so staff does not have to readvertise.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider approval of the Second Amended and Restated Development Order for Lake Mary Center DRI located in close proximity to the southeast corner of Lake Emma Road and Lake Mary Boulevard, Miranda Fitzgerald, authorized representative of Equity One (Lake Mary), Inc., received and filed.

Chairman Henley advised that a request for continuance has been received.

Matt West, Principal Planner, addressed the Board to state staff was hoping to resolve an issue before the meeting on the Letter of Credit. He said Attorney Fitzgerald is trying to determine whether or not the Letter of Credit needs to be replaced, and staff did not have that information available before the meeting today, so staff is requesting a postponement. He stated Attorney Fitzgerald is requesting the continuance to the night meeting on February 9 as she has another item before the Board at that time (copy of her letter was received and filed).

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to continue to February 9, 1999, at 7:00 p.m., the request to consider approval of the Second Amended and Restated Development Order for Lake Mary Center DRI located in close proximity to the southeast corner of Lake Emma Road and Lake Mary Boulevard; as described in the proof of publication, Miranda Fitzgerald, authorized representative of Equity One (Lake Mary), Inc.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider request to vacate and abandon a portion of Old Lake Mary Road located at the railroad crossing on the east side of the right-of-way at the entrance to Egret’s Landing Subdivision, located on the east side of Old Lake Mary Road at the railroad crossing and Brightview Drive intersection, approximately ¼ mile south of Airport Boulevard, Egret’s Landing - Lake Mary Ltd. Partnership, received and filed.

Development Plans Examiner, Sylvia Smith, addressed the Board to state this request supports the entry features now separated by the railroad right-of-way. Staff is recommending approval of the request and adoption of the Resolution.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #99-R-7, as shown on page __________, vacating and abandoning a portion of Old Lake Mary Road located at the railroad crossing on the east side of the right-of-way at the entrance to Egret’s Landing Subdivision located on the east side of Old Lake Mary Road at the railroad crossing and Brightview Drive intersection, approximately ¼ mile south of Airport Boulevard; as described in the proof of publication, Egret’s Landing - Lake Mary Ltd. Partnership.

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

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to state staff contacted Bill Suber, Property Appraiser, as directed and he is in attendance to answer questions the Board had this morning regarding Katie’s Landing and its assessed value.

Commissioner Maloy stated he made the point earlier that on the tax records, Katie’s Landing is valued at approximately $300,000 plus personal property of approximately $50,000 for a total of $350,000. He said the $700,000 price seems extremely high to him, looking at comparable land values. He said he wants to make the information available to the Board as they discuss this item. (Copy of memorandum to Commissioner Maloy from Mr. Suber was received and filed.)

Commissioner Morris asked if the valuation model would change because the subject property is not residential in nature.

Mr. Suber addressed the Board to explain the figures given in his memorandum. He stated the $350,000 is for real estate and personal property, and the public or commercial part is missing in this calculation. He explained that his office is not responsible for public valuations, because they cannot value for ad valorem taxation. He stated that typically there is a business valuation done when parties are ready to buy commercial property. He strongly believes there should be some type of appraisal done for the business valuation portion, and his office has no way of knowing what that is.

Ms. Rotella advised Commissioner Morris that three MAI appraisals were done, and Mr. Risner took that information and wrote an analysis and opinion of those.

Bob Risner, County Appraiser, addressed the Board to state he reviewed the three appraisals done and went to view the subject property. He explained the three different values given and said the three reports looked at the operation from three different perspectives. One only looked at the real property; another one included the cabin income with the real property; and the third included only the canoe income with the real property. He said his opinion, if the Board is going to purchase a business such as a transient facility, is that they look at all the income sources from that property. He stated there is a breakdown between real property and personal property so the Board knows what they are buying.

He stated his analysis, using information from the appraisal reports, he took an estimation of the cabin rental income and added it to the Pardue report and came up with approximately $690,000 based on the income of the cabin site and canoes.

Chairman Henley discussed why one of the reports did not include the canoes.

Commissioner Maloy discussed that one report showed the income generated was approximately $15,000 a year. He said that even with that income, the proposed purchase price is a substantial jump from $300,000 to $400,000.

Chairman Henley stated further that one report said the highest and best use indicated the property’s best use is for single family homes.

Commissioner McLain stated he thinks the Board has to take the perspective and look historically at this site. He said there were many reasons the County, along with the State, wanted to purchase this property. Another issue is the Board’s interest in protecting this outstanding Florida waterway. They will be investing money to improve the river. He thinks the facts show that Katie’s Landing has the largest commercial impact on the river that he’s aware of. He said knowing there is a multipurpose to this acquisition that not only benefits the river but the citizens of Seminole County, the Board is going to have to judge this more that just on the land value.

Arlin Charters, Friends of the Wekiva, addressed the Board to state they have dealt with the Moncriefs for years and used their facility. He said they really feel to try to keep them from selling commercially to another party who would not be as kind as they are to the river. They have to try to encourage that. He said the Moncriefs have had offers for considerably more than what is offered now, but they have held back. He said this is about the only place to get in and out of the waterway, and to sell such a commercial interest to an unknown party would not be to their best interest. The Friends do encourage this purchase. The price is within the normal range of quotations that have been expressed and it is certainly the time to do it because the door is closing on this opportunity and, otherwise, it will go commercial again.

Commissioner Maloy stated there has been some talk of camping. He thinks the Natural Lands Program, from an environmental perspective, would be more in favor of purchasing lands that have not been developed at all and reserve those from development whatsoever. If the County were to buy property that is already developed they would be buying and continuing the operation. He asked Mr. Charters wouldn’t it be better to buy property along the river that is not developed at all.

Ms. Rotella stated staff started looking at Katie’s Landing years ago, and the Natural Lands Committee did recommend it. She said part of the Natural Lands Program is to provide access to the resource, and this was appropriate to the objective of access to the river. The Natural Lands Committee recommended deintensifying the use. She discussed the conceptual drawings.

Suzy Goldman, Library Services Director, and Bob Chorvat, Parks and Recreation Manager, addressed the Board to answer questions. Ms. Goldman stated they envision operation of the business by concessionaire with canoe and livery service. She does see the need for some County staff to be located at the facility.

Commissioner Van Der Weide said his problem is he doesn’t think they can get the right price. He can’t support purchasing anything that looks like it’s considerably higher than anybody else’s appraisal and he is concerned about what they can use the property for; where they can only use it because they are the government, and somebody else buying it would not be able to use it.

Commissioner Morris said the Board had initially accepted to partner with the State in this purchase and they never wavered in their view to need access for the citizens. He always thought this was a very desirable piece of property because it would guarantee access in perpetuity. He would hate to move on to someone else who may continue the commercial enterprise and not see the direction the County would take for full access. He thinks this is the best opportunity, and after three or four years discussion, he feels this is the best thing to do.

Ms. Rotella advised Chairman Henley that the initial capital improvements are authorized uses for Natural Lands funds. Staff has estimated approximately $250,000 to remove structures and $300,000 if they opt to make the business operational. She said these funds are available; but additional, ongoing operational maintenance, costs for staff, and any other year-to-year costs are not authorized from the Natural Lands funds and would come from some other source. Ms. Rotella stated the State has indicated they are no longer interested in buying the property from the Diocese of Orlando. She said if the County would like to apply for that 87 acres, they can do so, but it is a competitive program so there is no guarantee. She advised that from the standpoint that Katie’s Landing is already impacted, it would be the preferred site.

Commissioner Maloy stated he concurs with Commissioner Van Der Weide that this could quickly approach $2 million in costs.

Motion by Commissioner Maloy to not move forward with the purchase of Katie’s Landing.

Under discussion, Attorney Woodson representing the owners, addressed the Board to answer some of the concerns raised by the Board. He thanked the staff for their professionalism and thanked Commissioner McLain for stepping in and spending his personal time in trying to work out a way to make a deal on this property. He stated the assessed value as given in the letter is very different than the appraised value. He said the Board has a staff member MAI certified who has said in his opinion, the value ranges between $650,000 to $700,000, and if the Board is not willing to take his advice, that is fine with them. If the Board is not interested, they will sell to somebody else.

Commissioner Maloy responded that they are talking 2½ times the assessment. He thinks there are other ways they can apply this money and purchase more acreage. He thinks they can do a better job of protecting the environment.

Commissioner Van Der Weide seconded the motion.

Commissioner McLain said Commissioner Maloy stated some outlandish figure of $2 million and he doesn’t have any facts for that. He said he will support the position of the Friends of the Wekiva organization and vote against the motion.

Commissioner Maloy explained how he came up with the $2 million figure.

Commissioner Morris reiterated the figures given by staff. He also reiterated that the perpetual access is what they are really talking about. They are buying a resource of an incredible river basin for the citizens. He said this isn’t going to get any cheaper in the future.

Under further discussion, Commissioner Van Der Weide said he thinks the asking purchase price is way out of line.

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

Commissioner McLain left the meeting at this time.

Gary Schindler, Development Review, addressed the Board to present the request for approval of the preliminary subdivision Plan for Brantley Hill subdivision; property located on the north side of Sand Lake road, ¼ mile west of Lake Brantley Drive, CDL Group. He stated the streets are to be private and staff does support the subdivision with the understanding this is to be a gated community with private streets.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the Preliminary Subdivision Plan for Brantley Hill Subdivision; property located on the north side of Sand Lake Road, ¼ mile west of Lake Brantley Drive, CDL Group, with staff recommendations.

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

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Commissioner McLain reentered the meeting at this time.

Ms. Smith presented the requested for approval of the Preliminary Subdivision Plan for Pinewood; property located on the south side of McNeil Road, 1/8 mile west of Pearl Lake Causeway, Sanlando Land, Inc. She stated staff supports the positive recommendation of the plan including both variance requests to vary the minimum lot depth requirement for double frontage lots of 150 feet to 140 feet for the lots along McNeil Road and to waive sidewalk installation along the project frontage on McNeil Road to preserve existing pine trees conditioned upon: (1) Installation of a six foot masonry wall along the entire McNeil Road frontage, and (2) Payment of $10 per linear foot to the County in lieu of sidewalk installation.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the Preliminary Subdivision Plan for Pinewood; property located on the south side of McNeil Road, 1/8 mile west of Pearl Lake Causeway, Sanlando Land, Inc., with staff recommendations.

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

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The Board recessed at 3:08 p.m. and reconvened at 3:22 p.m. with all Commissioners and all other Officials in attendance.

1. Copy of letter dated 12/11/98 to Jay Sekulow, Esquire-American Center for Law & Justice, from Lonnie Groot, Deputy Co. Attorney, re: Jo-Vin Enterprises, Inc. vs. Seminole County. (cc: BCC, CM, DCM)

Chairman Henley advised of a meeting with Charles Gray on January 14, 1999, at FDOT on GARVEE Bonds, which is financing using future Federal Highway funds to repay investments. He said he plans to be at the meeting and anyone else is welcome to attend. (Copy of letter to Chairman Henley regarding the meeting was received and filed).

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Chairman Henley advised the Citizens Advisory Committee for MPO has three members whose terms have expired and they are asking the Board to take action regarding these appointments. Chairman Henley said the Board needs to reappoint these persons or make new appointments. He distributed to the Board information (copy received and filed) on the attendance of the three members for reference.

Commissioner McLain suggested the Board find out if the three members want to continue serving on the MPO before reappointing them. Commissioner Van Der Weide concurred.

Whereupon, Chairman Henley stated he will make contact to determine if the will of the three members is to serve again.

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Chairman Henley reported that he received contact from Representative Stan Bainter regarding a term expiring on the St. Johns River Water Management District, and he is asking who does the County recommend for that position. Chairman Henley said two individuals have expressed an interest in serving, Beverly Evans and Bob West.

Commissioner Morris said over the course of this year, there will be five of nine positions expiring on the St. Johns Board, which will be appointments by the Governor. He said the Board might think of this in broad terms since Representative Bainter is soliciting recommendations, as there will be other counties and individuals who will have recommendations.

Commissioner Van Der Weide advised of two others interested in serving, Larry Dale and Ben Tucker. Commissioner Van Der Weide suggested to recommend these names as a group to Representative Bainter for him to follow through as he chooses.

Chairman Henley said he thinks this list should also go to the members of the Legislative Delegation for information.

Commissioner Morris suggested the Board provide a broad list of names since there will be five positions to fill.

Chairman Henley stated this is will go on the agenda for the next BCC meeting.

Motion by Commissioner McLain, seconded by Commissioner Morris, to reappoint the following to Boards and Committees effective January 1, 1999:

David Rowland to the Agricultural Advisory Board for a two-year term; Bob Von Herbulis to the Building Contractors Board for a one-year term; John Wayne Hoffman to the Mechanical Contractors Board for a one-year term; Mike Holland to the Swimming Pool Board for a one-year term; and Dick Joyce to the Well Drillers Board for a one-year term.

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

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Commissioner McLain said the Board, in a previous action, asked staff to move forward with a County financial report and this did not get done. He asked for an explanation.

Mike Ertel, Community Information Coordinator, addressed the Board to state he understood staff was to produce an annual report in a cost-effective manner, and he received a variety of opinions on ways to do that.

Commissioner McLain said he thought the Board instructed staff to generate an annual report in the same way as last year and to get it out to the public the same way as was done last year.

Commissioner McLain stated he wants the secretary to check the record and report back to him on the vote by the Board to provide the annual report in the same format as the calendar last year. Whereupon, Mr. Ertel provided him a copy of the Minutes of the September 22, 1998, Board meeting of the second public hearing of the budget.

Commissioner Morris asked what is going to be done. Mr. Ertel reported the different formats staff has looked at and the estimated prices. He explained he went to each Board member and showed what is being done in Oregon, which is what staff is looking at for this year’s report. He said this type of report is timeless and gives more ability to do more. He showed a copy of this format to the Board. The cost is estimated at $40,000). He said as soon as the second draft is completed, he will send it to the Board.

Commissioner McLain stated in reading the Minutes, it was in the budget to produce an annual report and there was no need to make another motion to continue doing this. He suggested in the future that if there is going to be a change of direction, polling the Board is an inappropriate way to do that, but staff needs to bring the item before the Board for a vote.

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Commissioner Maloy stated Peggy Green and her father from Big Oaks Ranch wish to speak to the Board. They are applying for a greater amount of people to be allowed to go on their ranch. They are limited to 12 people per day, and wish to check the appeal action of the Board of Adjustment.

County Attorney, Robert McMillan, stated he understands the Board of Adjustment held its hearing and made no decision, but continued the hearing because the Greens had not applied for concurrency. Once this is done, it would go back before the BOA for a decision. He said discussion of the 12 people on the ranch was not a public hearing item and that is why the issue was not appealed. He explained he had worked with the Greens’ attorney, whereby, if she made the application, she could appeal, but the attorney turned that offer down. That attorney is no longer handling the case. He said the actual item the BOA is acting on is in a continuance state.

Peggy Green addressed the Board to state they have never filed a concurrency and nothing has changed. Her contention is that concurrency was not required in 1981 and they should not have to do that now.

Mr. McMillan explained when concurrency becomes an issue.

Chairman Henley advised Mrs. Green it is inappropriate for her to plead her case now. He said staff has outlined the steps she needs to take. He asked staff to make sure it is in writing to the Greens step-by-step of what is required of them.

Quentin Green addressed the Board to state in March, 1998, they paid $370 to bring this item before the Board of Adjustment and received a letter from the County Attorney in November. He read from this letter. He said they feel they are going in a "round robin." He explained they are also contending they have paid the fee once and do not want to pay it again.

Mr. McMillan explained the Greens have paid the application fee for a special exception only. The Board entered discussion on waiving the appeal fee.

John Dwyer, Current Planning Manager, advised that the advertising fees should be paid.

A map of the Big Oaks Ranch was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Morris, that specific instructions be put in writing for Mr. Green and if he would like to appeal the question of the interpretation of the number of 12 people, the fees will be waived except for advertising costs.

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

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve the following:

Reappoint Geoff Cook and Feliberto Tua to the Agriculture Advisor Committee, each for two-year terms expiring January 1, 2001; Reappoint Chris LaSage to the Animal Control Board for a one-year term expiring January 1, 2000; Reappoint Glenn Austin to the Code Enforcement Board for a three-year term expiring January 1, 2002; Reappoint Patti Zelsman to the Library Advisory Board for a two-year term expiring January 1, 2001; Reappoint Bill Daniel to the Parks and Recreation Advisory Board for a one-year term expiring January 1, 2000; Reappoint Mark Clifford to the Parks and Recreation Advisory Board for a one-year term expiring January 1, 2000; and adopt appropriate Resolution #99-R-8, as shown on page __________, to Kurt Harris for service on the Parks and Recreation Board; Reappoint Bill Miller to the Building Contractors Board for a one-year term expiring January 1, 2000; Reappoint Gene Simpson to the Electrical Contractors Board for a one-year term expiring January 1, 2000; Reappoint Larry Fairbrother to the Mechanical Contractors Board for a one-year term expiring January 1, 2000; Reappoint Dan Shaw to the Plumbing Contractors Board for a one one-year term expiring January 1, 2000; Reappoint Greg Wingo to the Swimming Pool Board for a one-year term expiring January 1, 2000; and Reappoint F. N. Goodall to the Well Drillers Board for a one-year term expiring January 1, 2000.

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

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Commissioner Maloy distributed information (copy received and filed) from Lynx, for later discussion, regarding a Regional Service Development and Funding Plan.

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Commissioner Maloy discussed the issue of clutter on roadways. He distributed and showed photographs (received and filed) of the K-Mart property on Highway 436 and Howell Branch Road cluttered with vending machines. He said they need to have a work session in the future with representatives from these various publications and ask for voluntary opinions on sprucing up these sites.

Commissioner Morris stated the enforcement process can be used and these machines picked up if they are anywhere on the sidewalk.

Commissioner Van Der Weide said he would like to hear input from the providers of these vendors, and Chairman Henley said he would like to hear what kind of controls they can have in the meantime.

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Mr. Miller, Chairman of Seminole County Port Authority Board, representing the Board of Directors and Authority staff, addressed the Board to comment on the Incubation Center designed to foster the needs of small businesses in Central Florida. He stated the Port Authority pledged $30,000 contribution to the County’s General Fund, which will be provided to Seminole Community College in the form of an economic development grant. He thanked the Board for their continued support of the Economic Development Department and efforts of those directly serving the business community. He recognized the continuing efforts of Seminole Community College for their innovative work.

Wayne Hardy, SCC Small Business Development Center, presented the check to Chairman Henley, who expressed his thanks on behalf of the Commission and citizens of Seminole County for the work being done.

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Motion by Commissioner Morris, seconded by Commissioner McLain, to appoint or reappoint the following, effective immediately:

Laurence Morrel and Scott Kirby to the Agriculture Advisory Committee for two-year terms, and adopt appropriate Resolution #99-R-9, as shown on page __________, of appreciation to Robert Hicks;Cindy Dale to the Animal Control Board for a one-year term; Kay Bartholomew to the Historical Commission for a two-year term; Dr. Hortense Evans to the Historical Commission to serve the remainder of term to January 1, 2000; Paul Klinger to the Parks and Recreation Advisory Board for a one-year term; James Gamble to the Building Contractors Board for a one-year term; Duane H. Pitts to the Electrical Contractors Board for a one-year term; Robert Dello Russo to the Mechanical Contractors Board for a one-year term; Raymond R. Holloway to the Plumbing Examiners Board for a one-year term; Joe Polverino to the Swimming Pool Contractors Board for a one-year term; and Lee Voorhees to the Well Drillers Board for a one-year term.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to reappoint the following:

Clay Hartsoe and Paul Klinger to the Agriculture Advisory Committee, each for terms ending January 1, 2001; John Bistline to the Historical Commission for a term ending January 1, 2001; William Kinane to the Parks and Recreation Advisory Board for a term ending January 1, 2000; Keylor Chan to the Planning and Zoning Commission for a term ending January 1, 2003; Michael Peronti to the Building Contractors Board for a term ending January 1, 2000; Bill Ellis to the Mechanical Contractors Board for a term ending January 1, 2000; and Joe Fernandez to the Swimming Pool Board for a term ending January 1, 2000.

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

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Commissioner Henley stated he has talked with the County Manager concerning some complaints about Red Bug Road. He has had conversations with the Mayor of Casselberry and they are working with staff to see if there are any possible changes that might help to speed up this project. He said he is hoping to hear something back that might be positive and that the Board can support.

Chairman Henley distributed copies of the November 1998 Tourism Development Council Meeting Report (copy received and filed) on the progress made and some of the coming events.

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Commissioner Maloy advised of a request by Lynx looking for a staff person that would be appointed to their subcommittee for the Regional Service Development and Funding Plan. He recommended that Dick Thomas, Transportation Specialist, represent the Board on this subcommittee.

Commissioner Maloy stated he understands that Lynx, in part of their study, is looking at coming up with dedicated tax dollars for Lynx in the various counties. Their goal is not to come through the budget process as they have done in the past, but have a continuation of the sales tax for funding Lynx. He said his suggestion would be to tell Lynx the Board is not interested in developing a dedicated funding plan at this point.

Under discussion, Chairman Henley said Lynx has to have their data in by February as to what Seminole County plans to do in order to meet with their budget people.

Commissioner Van Der Weide stated he thinks all Lynx is asking for now is to have somebody serve on that board and whoever the BCC sends should go in with a clean slate and open mind. If there is a proposal, then the BCC would have to address it.

Commissioner McLain said knowing that light rail for Seminole County is a long way down the road, he thinks it is premature for the Board to talk about a dedicated funding source.

Commissioner Morris concluded they will assign Mr. Thomas to serve on the committee and hear back later on this issue.

Commissioner Maloy advised he will be taking a one-day trip to San Diego to discuss light rail.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to appoint Dick Thomas to the Regional Service Development and Funding Plan subcommittee.

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

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Commissioner McLain reported on the CALNO meeting that it was well attended, and Mayor Larry Dale gave an excellent report on the new hotel and conference center which was well received.

Mr. Kaiser advised he received a letter (copy received and filed) from Blaise Treacy, County Manager, County Wicklow, who invited the Chairman and County Manager to go over on January 29, 1999, for the christening of the new Arklow By-pass. He pointed out that conflicts with the economic forecast luncheon with the Chamber on January 29.

The Board discussed who should go on the trip.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve Chairman Henley, at his discretion, to send a delegation to Ireland on January 29, 1999, at the request of the Wicklow County Government.

Under discussion, Commissioner McLain stated if at all possible, it would be more appropriate for the Chairman to go, whether that means the Vice Chairman gives his speech or the Chamber can reschedule their activity.

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

Commissioner Maloy voted NAY.

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Mr. Kaiser stated he is submitting his resignation from Seminole County service effective April 16, 1999. He said he has been contacted recently by the private sector and that has opened up some other opportunities for him. (A copy of the letter of resignation was received and filed.)

Commissioner McLain said he has always been proud to have Mr. Kaiser serve as the County Manager and they will miss him sorely. He wished him well and said he hopes his dreams for the future come true.

Chairman Henley stated it has been a pleasure to work with Mr. Kaiser and he is going with his blessings. He expressed he appreciated all of Mr. Kaiser’s help and the professional manner he has dealt with him.

Commissioner Morris stated what to him has been so telling is the attitude by the people who worked for Mr. Kaiser and the Seminole County residents and how that has changed. He said one sign of a successful manager is that his personality, spirit, and commitment is reflected in the workers. He said Mr. Kaiser will be dearly missed and he hopes the County can find someone with the attributes and "follow-through" he has shown in this job.

Commissioner Maloy thanked Mr. Kaiser for his service and wished him the best of luck in the private sector.

Commissioner Van Der Weide stated he certainly appreciates what Mr. Kaiser has done; he respects the decision he made and also wishes him the best of luck.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to accept the resignation of Gary Kaiser as County Manager, effective April 16, 1999.

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

Chairman Henley discussed he has asked the County Attorney to pull together the information used the last time a search was done and prepare that with options as to how the Board will go about a search. He asked if this can be ready at the next meeting, so they can go about this in a professional and orderly manner. He said it is also important for them to discuss at the next meeting what they will do in the meantime (until a new County Manager is in place). He stated he has had a limited discussion with the next person in line regarding her availability. She doesn’t live in the County and he wants that researched, if the Board were interested in that option.

Commissioner McLain said the Board might want to have a special work session to discuss that issue, and Chairman Henley agreed, with a discussion particularly on the methodology to go about this matter. He asked that he, Mr. McMillan, and the County Manger work that out and find the appropriate time for the work session. The Board voiced no objections to same.

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Chairman Henley announced the 7:00 p.m. public hearing item, Rezone from A-1 to R-3A, Beazer Homes, will be readvertised. Staff will post the meeting room for tonight advising that the meeting is not being held and that it will be readvertised. Proof of publication, as shown on page __________, was received and filed.

There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:45 p.m., this same date.

ATTEST:_____________________Clerk__________________Chairman