Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3) (Late)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Dr. Guy Walden, Pastor of Sanlando Springs First Baptist Church, gave the Invocation.

Commissioner Maloy led the Pledge of Allegiance.

Commissioner Van Der Weide entered the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-214, as shown on page _______, proclaiming November 19, 2000 as "Retired Educators Day".

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

The Resolution was presented to Mr. Brown who expressed his appreciation to the Board. He introduced members of the Retired Educators of Florida who were in attendance.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-215, as shown on page _______, proclaiming the month of November as "National Epilepsy Awareness Month".

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

Commissioner Morris left the meeting at this time.

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Randy Farwell, Director of Planning for LYNX, addressed the Board to state, as the Board is aware, LYNX is undertaking another look at light rail in the northern corridor.

Commissioner Morris re-entered the meeting at this time.

Mr. Farwell distributed a copy of the Northern Corridor alignment Study Technical Report #2: Executive Summary and the Presentation Northern Corridor Alignment Study Booklet (both received & filed). He explained the purpose of the study is to identify a new alignment, which builds on a regional systems plan. He said they will determine if this is operationally feasible, cost feasible and politically feasible.

Commissioner Morris left the meeting at this time.

Mr. Farwell stated they recognize that public involvement is critical to any effort they do.

Commissioner Morris re-entered the meeting at this time.

Mr. Farwell continued his presentation, stating the redevelopment of I-4 and the light rail project are intertwined. He advised they have been meeting bi-weekly and each local jurisdiction has two representatives on the stakeholders committee. He said Seminole County's representatives are Jerry McCollum and Dick Thomas. He pointed out that he believes it is important that LYNX is doing the study at the request of the MetroPlan, which is the transportation planning agency. He stated they believe that rail will be a part of the future in meeting the transportation needs of the region.

Commissioner McLain suggested Seminole County have an elected official on the stakeholders committee instead of two members of staff. He said many times an elected official will have substantial impact on the outcome of studies like this. He further stated that from the Board's perspective, the region needs to do a better job of regional master planning because transportation needs are very different from community to community. He said one commuter trip would be from Volusia to Seminole County and another one would be Seminole into Orange County.

Mr. Farwell stated they want to go deeper into the community, especially along the areas where it looks probable that an alignment might stick. He said they need to work with those communities and make sure they are aware of the pros and cons in those areas.

Commissioner Van Der Weide stated hopefully when the next initiative is brought forward, everyone will be on board and all the cities will be involved so no one can say they didn't have input.

Commissioner Morris clarified that the cities of Altamonte Springs, Maitland and Winter Park requested the study - not Seminole County. He stated that he will recommend the BCC make a formal recommendation on the study when it comes back. He said Seminole County fully backed the last regional effort and they were abused by the system. Seminole County was totally cut out when a local light rail system turned into a tourist system internal to one city. He said he is not sure that the proposed study begins to take in account input that is important to 330,000 residents of Seminole County. He said he is interested in seeing: an airport connection; Volusia County and the 45,000 commuters a day crossing the St. Johns River is imperative; and the eastern expansion of Oviedo/UCF is imperative.

Dan Baer, STV Consultants, addressed the Board to state everything Commissioner Morris has said they have heard from representatives of jurisdictions throughout Seminole County. He said they are aware of the people commuting from the north to the south.

Chairman Henley thanked Mr. Farwell and Mr. Baer for sharing their progress report.

Commissioner Morris left the meeting at this time.

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Wayne Weinberg and Dr. Hortense Evans addressed the Board to request the Board endorse the establishment of the Seminole County Youth Commission. Mr. Weinberg advised this is a project of Seminole Vision.

Commissioner McLain left the meeting at this time.

Dr. Evans stated that for the last four or five years the Juvenile Justice Council has asked, "How are the Children?" Are they free from abuse and crime? She said the answer to that is no, they are not free from abuse or crime. All of the children of Seminole County are not well. She added that is why the Youth Commission has been established.

Commissioner Morris re-entered the meeting at this time.

Mr. Weinberg advised their target service group is birth to 18 years of age. They will represent approximately 24% of the population in Seminole County or 86,000 people. He said the commission will serve as a community advocate in identifying and promoting services and opportunities for youth. The commission will also encourage partnerships, collaborations and cooperation between and among the various private and public resources that affect youth.

Commissioner McLain re-entered the meeting at this time.

Mr. Weinberg stated that hopefully out of this will come a lot of preventative measures to ensure the safety and well being of the children of Seminole County.

Commissioner Morris thanked Mr. Weinberg and Dr. Evans, stating he believes the commission is a good outgrowth from Seminole Vision. He suggested the Youth Commission's activities be kept on the County's web page as a separate section.

Chairman Henley stated they are already in the process of working on a web page.

The Board agreed to direct staff to develop a resolution in support of the Seminole County Youth Commission to be brought back for BCC adoption.

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

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

Lobbying Ordinance

Attorney, Stephen Lee, addressed the Board to present the draft of the proposed Lobbying Ordinance. Attorney Lee stated that, as directed, the County Attorney's Office acquired copies of similar ordinances and a synopsis of those is included in the agenda package. He advised the draft ordinance covers only the members of the BCC, and a fee of $20 for annual registration is proposed. He further advised the staff recommends against prohibiting former employees from lobbying. However, if the Board elects to include such a prohibition, staff would recommend that a time period of six months be used.

Commissioner McLain stated if the Board chooses to go with a registration fee, he does not believe waivers should be given to it. He also stated he would think key staff people should be included. Discussion ensued.

Commissioner Van Der Weide suggested staff meet individually with Commissioners in order to obtain their input on the draft ordinance.

Commissioner Maloy stated he brought this issue up because he wanted the citizens to know what was going on behind the scenes. He further suggested that former employees have a cooling off period of a year before they can lobby and that the ordinance also apply to the County Manager, Deputy County Managers and Department Heads.

Chairman Henley stated he does not believe the Board is ready to make a decision on this. He stated staff will need to meet individually with each Commissioner to develop a matrix, including other counties and State lobbying practices.

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.

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The Board, thereupon, recessed at 11:00 a.m., reconvening at 11:10 a.m., this same date.

The Board, by unanimous consensus, directed the staff to notify interested residents that Items #51 & #52, Oviedo Marketplace DRI and Final PUD Master Plan, The Viera Company, will be continued from tonight meeting until November 14, 2000.

Director of Fiscal Services, Cindy Hall, addressed the Board to present request from The Sanford Advertising Co-op for a grant in the amount of $25,000. She advised there is funding available in the Economic Development Reserve Fund.

Commissioner Morris stated he wanted the Co-op to request this funding first from the Sanford and the 17-92 CRA's.

Commissioner McLain stated he supports giving the grant to the Co-op.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to grant $25,000 to The Sanford Co-op, with funds to come out of the reserves in the Economic Development Fund.

Under discussion, John Jones, Economic Development, addressed the Board to advise the $25,000 was originally taken from the Sanford Incubator Project.

Upon inquiry by Commissioner Morris, Mr. Jones advised they will likely be coming back to the Board to request the $25,000 for the Sanford Incubator Project in the near future.

Commissioner Henley stated he will be voting against the motion, stating he believes the project is worthwhile, but doubts that it is the responsibility of the County to get involved in promoting individual cities.

Commissioner Morris stated he does not deny there is a need for this, but at the last meeting he wanted all alternative courses exhausted - including the Sanford and the 17-92 CRA's.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue until November 28, 2000 request from The Sanford Co-op for a $25,000 grant, in order to give the Co-op an opportunity to contact the Sanford and 17-92 CRA's for funding.

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

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Linda Eiland, Insurance, addressed the Board to present request for renewal of the health insurance with United Healthcare of Florida, under Alternative #1 premium distribution. She advised there is a 9.7% rate increase. She further advised the Risk Management Committee met on October 4 and voted by a vote of 3-1 to recommend that the increase in the premiums be allocated in full to the Board of County Commissioners.

Commissioner McLain stated he would like to hear from the United Healthcare representative where they stand on Central Florida Regional Hospital.

Andrea Heard, United Healthcare Insurance, addressed the Board to advise they are hopeful that Central Florida Regional Hospital will enter into negotiations with them. She said at this point, discussions have stopped. She stated United Healthcare has offered five counter offers to the hospital's original proposal and the hospital has countered every time with their original proposal. At this point, they appear to be at an impasse.

Upon inquiry by Commissioner McLain, Ms. Heard advised every hospital in Volusia County participates with United Healthcare.

Commissioner Morris stated he would suggest another alternative where the increase is shared equally between the Board and the employees.

Commissioner Henley stated he was the dissenting vote on the Risk Management Committee because he did not think it was in the best interest of the Board, at this time, to continue to absorb larger and larger increases in health care for employees.

Commissioner McLain stated, in looking at the 9.7% increase, the Board may want to do another RFP. He said he would like to continue this for a couple of weeks so that he can meet with the insurer. He said this is new information to him and he is not prepared to move forward with it until he has a better comfort level.

Chairman Henley stated he would like more time next year to make a decision on renewal because the Board may want to go out for an RFP.

Commissioner Van Der Weide stated sometimes this kind of thing has a negative impact on the lower echelon and he would like to see how this will interface with each pay category.

Commissioner McLain stated he does not understand why adding a spouse to employee coverage is more than double the cost of employee only coverage. He said this is the kind of thing he wants to work on before the next meeting.

Motion by Commissioner Morris, seconded by Commissioner McLain to continue until November 14, 2000 consideration of renewal of health insurance with United Healthcare of Florida.

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

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Community Services Director, Phil Stalvey, and Manager, David Medley, addressed the Board to present staff's Community Service Agency Grant Recommendations.

Commissioner McLain noted there is a substantial decrease in this year's allocations. He said his biggest concern is if the County is going to back off their commitment to the social service agencies, it needs to be more gradual than what was done this year. He added he believes the Board needs to soften some of the blows.

Commissioner Van Der Weide concurred with Commissioner McLain, stating he would also like to make adjustments to staff's recommendations.

Commissioner Morris suggested the staff use the old formula to make adjustments.

Chairman Henley suggested the Board not take action on this today and come back with the old formula.

Motion by Commissioner Morris to accept the staff's recommendations for the Community Service Agency Grants for 2000/2001 in the total amount of $786,400.

The Chairman surrendered the gavel to the Vice Chairman for the purpose of seconding the motion.

Under discussion, Commissioner McLain stated he believes the best thing to do is to continue this until the next meeting.

Districts 2 & 4 voted AYE.

Commissioners Maloy, Van Der Weide and McLain voted NAY, whereupon, the motion failed for the lack of a majority vote.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue until November 14, 2000; and instruct staff that the funding recommendations will be with a cap of $1.1 million.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley voted NAY.

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The Board, thereupon, recessed at 12:08 p.m., reconvening at 1:33 p.m., with all Commissioners and all other Officials with the exception of Commissioner Morris, who entered late, and Deputy Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

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

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

Proofs of publication, as shown on page ________, calling for a public hearing to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) and approve Development Order placing staff and applicant requested conditions upon rezoning; property located at the northeast corner of Tuskawilla Road and Aloma Avenue (SR 426), George Parker, received and filed.

Amanda Smith, Planner, addressed the Board to state the applicant is requesting to rezone approximately 1.59 acres of property to allow for the development of a convenience store. She said the uses proposed for the PCD shall include all uses in the C-1 zoning district as well as gas pumps as an accessory use to the convenience store. The property has a HIP land use designation that permits such commercial uses. Access to the subject property shall be coordinated with the Florida DOT. A cross access easement on Tuskawilla to the remainder of the property will also be provided.

Ms. Smith reviewed the past history of the site. She advised the Land Planning Agency (LPA) recommended approval of the request with conditions as specified in the Development Order. The Planning staff also recommends approval with the conditions specified that: (1) Billboards, communication towers, and adult entertainment facilities are prohibited uses on the property; (2) Connect to Seminole County water and sewer services; and (3) At the time of Certificate of Occupancy, the applicant shall dedicate to the County cross access easements to the east and north of the subject property to provide access with adjacent properties.

Hugh Harling, Harling Locklin and Associates, representing the Parker Family, addressed the Board to state they are in agreement with the staff comments and conditions in the Development Order.

Upon inquiry by Chairman Henley, Mr. Harling advised he was not representing the Parkers when the request was made to return to the original A-1 zoning category, but he explained what the rationale was at that time.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve rezoning, by Ordinance #2000-51, as shown on page ________, to PCD (Planned Commercial Development) for property located at the northeast corner of Tuskawilla Road and Aloma Avenue (SR 426); as described in the proof of publication, George Parker; and approval of Development Order, as shown on page ________, with staff conditions.

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

Ray Hooper, Purchasing Manager, addressed the Board to request award of PS-549-00/BJC, Architectural and Engineering Services Agreement for the Seminole County New Criminal Justice Center and Renovation of Existing Courthouse, to The HKS/Aci Team, Orlando ($2,995,920 for Basic Services; $375,000 for Construction Project Manager; and not-to-exceed $150,000 for reimbursable expenses).

Upon inquiry by Commissioner McLain, Jamie Croteau, Administrative Services Director, addressed the Board to state that included in the budget was a lump sum of $3.9 million for this project. She said this was also to include some other expenses. She advised the project was estimated at between $2.8 and $3.1 million. Whereupon, Commissioner McLain said if they spend the money as presented, they will be $321,000 over the budget.

Ms. Croteau stated the $375,000 is actually for having a full-time Project Manager on site for 2½ years. She said it is highly unlikely they will have that person for the entire project.

Therefore, Commissioner McLain suggested why not eliminate that figure or reduce it. He said he is making the point that staying on budget and on point is very difficult. When you go into the process from the beginning at $3.9 million and $3.1 million is the budget, that is starting on the wrong foot in his opinion. He said he is concerned about that. He is also concerned that the square footage for the Justice Center is shown as 188,680 square feet; and they have not done what is prudent to him to handle the contract, according to what they can afford, in order to meet the needs within the budget. Commissioner McLain noted in the Agreement that if they should need to cut back the costs and it is over 5%, that would be renegotiating the fee, which is at 7½%. He suggested asking the County Attorney to add wording that the percentage would remain the same if the Board chose to cut it back. Commissioner McLain said he is supportive of building a courthouse, but he is not willing to raise taxes to build something next year and then find out it is going to cost $50 million.

Ms. Croteau stated staff understands Commissioner McLain’s concern. She said in February, staff will come back to the Board and at that time the true costs will be presented. Discussion continued.

Commissioner McLain said he thinks they should have a cap of $35 million and instruct the architects they will be paid 7½% of that amount plus the $150,000 reimbursable expenses. He said he can’t support this with the open end like it’s presented.

Chairman Henley stated he thinks everybody on the Board feels the same concern that Commissioner McLain has voiced in making sure the Board can afford what they are doing. He said he can support this item as it is because he didn’t interpret the $43 million figure as being the final answer. He said the decision to say $35 million as the cap may be appropriate, but he thinks the Board needs to look at the space study to know what their needs are. At that time, they can determine what they can afford and know what they have to give up. He understands that the $375,000 and $150,000 figures are discretionary and can be cut if the Board does not feel they are appropriate. He said he would hate to delay the process because they still have decision-making later that would give the Board greater control. He thinks at that time, they will be able to make a more intelligent decision. He said he is going to be looking for ways to cut the $43 million figure. He added that whether the Board can afford $35 million is going to depend a great deal with what they do with the budget over the next couple years.

Commissioner Maloy stated this item is putting the Board on the track to get more information on how much the project is going to cost. He said he can see some options in the future to cut things back or maybe phase the project, but he is comfortable with this item today.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve the staff recommendations and award PS-549-00/BJC, Architectural and Engineering Services Agreement, as shown on page ________, for the Seminole County New Criminal Justice Center and Renovation of Existing Courthouse, to The HKS/Aci Team, Orlando ($2,995,920 for Basic Services; $375,000 for Construction Project Manager; and not-to-exceed $150,000 for reimbursable expenses).

Under discussion, Commissioner Van Der Weide stated he can understand the concerns, but until programming is done and staff comes back in February with what the exact needs are, he’s not sure they can get what they really want and need if the Board ties the staff’s hands now. He said he thinks it is important to maintain the flexibility and that is why he is going to support the motion.

Commissioner McLain said it’s clear the Board is going to have to borrow a large sum of money to build this building, and they are committing now over $3 million to design it. He said he is puzzled why Commissioner Maloy would support a motion to spend over $3 million not knowing whether the taxpayers are willing to borrow the money to do it. He thinks the Board needs to have a bond initiative and ask the voters if they are willing to borrow the money or give them options on how to pay for the building. Discussion continued with Chairman Henley.

Commissioner Maloy stated the Board had some discussions several months ago and took a preliminary vote on the funding, unless someone on the prevailing side would like to change his mind on the vote. He called the question.

Districts 1, 3, and 4 voted AYE.

Commissioner McLain voted NAY.

The vote on the motion to approve as presented by staff was taken and carried with Districts 1, 3, 4, and 5 voting AYE.

Upon inquiry by Commissioner McLain, Chairman Henley explained Commissioner Maloy’s comment earlier about the previous vote taken on whether to go to a referendum or attempt to bond the funding. That was a 3 to 2 vote.

Commissioner Morris entered the meeting at this time.

Chairman Henley advised Commissioner McLain that he and Commissioner Maloy were on the losing side and would not be able to bring that issue up again.

Mr. Hooper advised a new signature page (copy received and filed) for Page 32 of the Agreement has been provided.

Commissioner McLain questioned if he could make a motion to reduce the square footage for the new Criminal Justice Center. Chairman Henley stated he thinks such a motion would be appropriate after waiting to see the space study and deciding how much square footage is needed.

Commissioner Morris said he concurs with the motion. He said he understands that funding is in place for this contract and this is not a question of later approval of bonding or something else. He said one area of concern is the amount of reconstruction being done to the existing facility and that can be addressed under the flexibility of the Board. He said he will be looking very closely at what comes back from the architectural and engineering firm.

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John Moore, Engineering, addressed the Board to request approval to accept Agreement and Limited Releases with the homeowners association and affected individual property owners in conjunction with the Tuskawilla Point Subdivision Wall.

Commissioner McLain left the meeting at this time.

Mr. Moore advised that the homeowners association voted to remove the fence and construct a brick wall for aesthetic purposes. They are requesting the County to provide funds in the form of voided cost for having to repair the fence. They will apply those funds to construction of the wall. Mr. Moore said $29,100 was the lower amount of the bids received.

Commissioner Maloy said for this wall and some others like Amherst, it has taken too long to get them cleaned up and the residents are really getting "antsy." He said the process needs to be done faster.

Mr. Moore said staff is trying to expedite these. He said Amherst is getting their building permit now. He stated part of the damage was the result of construction, and staff was trying to negotiate with the contractor to get that portion replaced.

Commissioner Morris stated he was wondering if staff could get the constructors to subcontract the walls replacement first, prior to the road construction.

Commissioner Van Der Weide left the meeting at this time.

Mr. Moore stated staff has recognized this and they are putting in the provision for at least temporary stockade fencing.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to accept Agreement and Limited Releases, as shown on page_______, with the Tuskawilla Point Homeowners Association and affected individual property owners, Joseph & Linda Kolman, in conjunction with the Tuskawilla Point Subdivision Wall.

Districts 1, 2, and 4 voted AYE.

Bob Adolphe, Environmental Services Manager, addressed the Board to report on Florida Recycling Services’ performance related to their Solid Waste Franchise Agreement.

Commissioner McLain reentered the meeting at this time.

Mr. Adolphe stated staff was asked to invite Florida Recycling so the Board could hear the reason for some of the performance related problems and their representatives are present.

Richard Meinert, Customer Service Senior Coordinator, addressed the Board to review the events that took place over the last several weeks. He said he was told that Florida Recycling made personnel and management changes and started to correct the problem of complaints in September that escalated in October. He reported that the complaints have now balanced out. He advised Commissioner Morris that the plans have been in place for 1 to 1 1/2 weeks to correct the problems.

Commissioner Van Der Weide returned to the meeting at this time.

Mr. Adolphe discussed the administrative fines levied of $7,000 in September and $11,000 as of October 11, 2000, with 150 service violations and service breaches.

Sid Vihlen, Vice President of Florida Recycling Services, addressed the Board to state there were some management problems, and the company installed new management, doubled the number of supervisors and brought in more equipment. He acknowledged that the level of service was deplorable and there were violations in the contract. He said the fines will be paid and the problems are under control now.

Chairman Henley expressed appreciation to Mr. Vihlen for coming in and addressing the issues. He said even though the company has problems, the level of service should not suffer.

Commissioner Morris asked if the company is having direct conversations with the customers. Mr. Vihlen explained the company has instituted a 24-hour-a-day manned service with customer service people on the phones.

Mr. Adolphe reported on the number of complaints to show that lately there has been a reduction in the complaints.

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Suzy Goldman, Library & Leisure Services Director, addressed the Board to present the draft Strategic Plan for the Library System. She introduced the consultants, Cecil Beach and Darro Willey.

Commissioner Van Der Weide left the meeting at this time.

Ms. Goldman reviewed, from slides, the background of the study, stating it was undertaken in order to update the Comprehensive Plan. They looked at space and service needs. She advised that the State Aid for Libraries Program requires a long-range plan that is adopted by the governing board. She stated a plan is required to be on file in Tallahassee by August, 2001. Ms. Goldman reviewed the 1999/2000 statistics on the number of books checked out and the library attendance.

Cecil Beach, Consultant, addressed the Board to give a Power Point presentation of the study. He noted that copies of the formal study (copy received and filed) have been given to the Commissioners. He reviewed the trends and issues present in the library system.

Commissioner McLain and Mr. McMillan left the meeting at this time.

Mr. Beach continued with review of the strengths of the library system.

Commissioner McLain and Mr. McMillan returned to the meeting at this time.

Mr. Beach reviewed the challenges, strategic directions, map of the present libraries and proposed new locations.

Upon inquiry by Commissioner Morris, Mr. Willey advised they tried to give a proposal which takes into account all the possible costs, and it is up to the Board at what level they want to implement it. Mr. Beach said they tried to include operational costs and not just the building costs for the branch libraries.

Chairman Henley said he would caution the Board about libraries getting into computer training. He said when you look at the number of computers throughout the school and university systems, they have a larger area and he would not want to interfere with that or duplicate their effort.

Upon inquiry by Chairman Henley, Ms. Goldman said she could have an announcement prepared for Seminole Government TV that the library will accept donated books.

Mr. Wiley said another direction mentioned in the plan is emphasis on marketing. He suggested a Marketing Coordinator position and looking at some new directions. He advised Ms. Goldman was thinking of designating someone on staff for this position.

Commissioner Morris stated there is a space need and where the libraries are located can lead to additional problems in terms of equal access by the citizens. He said since there are very few other public and private facilities available, the libraries seem to be the meeting spot for seniors. He said that is something the Board needs to move on and it leads to future funding problems to be able to do that. He suggested coming back and revisiting this issue.

Chairman Henley stated the Board needs to hold a work session, as there are a lot of items to discuss. He said Commissioner McLain brought up financing the courthouse and the Board can’t deal with all these in isolation. They need to schedule a work session to see which ones they can come to a consensus on.

Mr. Grace stated he anticipates having a priority/goal-setting session after the first of the new year so the Board can consider all the library alternatives and weigh those in mind with the park needs and other things that are pending.

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

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

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

Chairman Henley stated he received endorsements (received and filed) on Rails to Trails from the Sierra Club and the Friends of the Wekiva.

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Chairman Henley advised of a letter from the State Department of Revenue relating to getting an extension of the one-cent sales tax on the November ballot, and he responded that it would not be going on the ballot.

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Chairman Henley encouraged the Commissioners to make their appointments to the Disability Advisory Council. He said he will have his Aide provide a list of members on the Council and also review all appointments coming due the first of the year.

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Chairman Henley advised of the resolution (received and filed) passed by MetroPlan relating to the Constitutional amendment on the high speed rail system. He said MetroPlan took the position against it and so did the City of Orlando. He asked if the Board wished to take any action. Draft copies of a proposed resolution were distributed to the Board and received and filed into the Record.

Motion by Commissioner Morris, seconded by Commissioner McLain, to adopt appropriate Resolution #2000-R-220, as shown on page ________, in opposition to a Statewide High Speed Rail System.

Chairman Henley asked that the Resolution be sent to the appropriate people.

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

Commissioner Morris reported that he went to the Winter Springs City Commission last night on the referendum initiative. He said the City Commission unanimously endorsed the Seminole County Resolution on the Trails. He stated he also made a presentation to the high school principals, PTA, and a variety of others. He said the word is getting out pretty well and people seem to understand the proposal.

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Chairman Henley said he is happy they are drawing to a close on the wall on Howell Branch, and also on the garbage situation in his district.

Chairman Henley distributed copies of the MetroPlan minutes (received and filed).

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Commissioner Morris reported on an issue with the Cities of Winter Springs and Oviedo regarding Battle Ridge and a proposed annexation by Winter Springs.

Tony Matthews, Planning, showed on a map the Winter Springs boundary and Battle Bridge property.

Commissioner Morris stated the County is in the same situation as before with the Cities. The County has a joint planning agreement with Oviedo and not with Winter Springs. He said the City of Oviedo attended the Winter Springs meeting last night in opposition to the proposed plan.

Upon inquiry by Chairman Henley, Mr. Matthews addressed the Board to state there are three separate properties and Winter Springs wants to change the plan for the smaller property to Commercial and zone it C-1. He said the property is currently zoned R-3. He said there are other property owners who want to come into the City, but they want residential use. Mr. Matthews said he has drafted a letter (copies received and filed) from the Planning Director to the Chairman of the Winter Springs Local Planning Agency on these properties. He suggested the letters also be sent to the Mayor and Winter Springs Commission stating on the smaller property, the plan is inconsistent with the City’s and County’s Joint Planning Agreement, it encroaches into the rural area, and the County is not recommending it. On the residential properties, he said that is an acceptable use, but the density would be incompatible. He is recommending that the amendments be denied and efforts increased with Winter Springs to get a joint planning agreement signed. Mr. Matthews asked for the Board’s consensus to allow him to submit the letters to the City in person. He explained the second option would be to submit comments to Winter Springs and confirm if they are submitted to the Department of Community Affairs, or he could submit them separately to DCA.

Commissioner Morris recommended the comments be submitted separately to DCA. He said, hopefully, the planning process should take care of this with DCA. He said this is exactly what the people in Black Hammock feared.

Commissioner McLain recommended that Mr. Matthews attend the Winter Springs meeting and present the letters. The Board, by consensus, concurred. Further discussion continued.

Upon inquiry by Chairman Henley on consensus for the County Manager to take the lead on this issue with Mr. Matthews, Commissioner Morris said he doesn’t want staff to get in a crossfire as in the past. Whereupon, Chairman Henley said he would be happy to accompany the County Manager if he desires.

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Commissioner Morris reported regarding the East Central Florida Regional Planning Council’s six County plan, that the RFP has gone through and one applicant is expected to submit a contract. The contract and negotiations will come back to the Planning Council in November. He said Orange County has given a three-year commitment to fund this program with Osceola County in tandem, and Volusia County also voted unanimously to support it.

Chairman Henley said he thinks the Board is at the stage to take action to appropriate the funds, subject to a satisfactory contract. This is $150,000 over a three-year period.

Mr. Grace stated he intends to bring this item up at the next Board meeting.

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Commissioner Maloy reported for the Lynx Board that the Search Committee has narrowed the number of applicants to three, including Mr. Brooks, the Interim Director. The Search Committee is now doing further searching and background checks.

Commissioner McLain stated for a regional Board like Lynx, he thinks it is very important that Mr. Brooks is completely independent of Orange County, if he should get the job, and that he will represent all the partners. Chairman Henley said he has the same concerns because of past actions, and he’s not too sure the applicant needs to know the political climate because that was part of the problem before.

Commissioner Maloy said he had similar concerns at first, but he has been impressed with some of the changes Mr. Brooks has made on the Lynx Board, and he is giving it a lot more credibility.

A brief discussion ensued with regard to new chairs for the dais.

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Mr. Grace reminded the Board of their joint meeting with the City of Sanford and Tourism Development Council a week from today on October 31.

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Mr. Grace advised Chairman Henley that staff is planning to bring to the Board at the next meeting an update on the other contractors for the Courthouse.

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Mr. Grace reported that Mr. Fisher would be starting employment on November 13.

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The Board, thereupon, recessed at 3:43 p.m., reconvening at 7:05 p.m., this same date with all Officials, (including Commissioner Van Der Weide, and with Commissioner Morris being absent), with Deputy County Attorney Stephen Lee replacing County Attorney Robert McMillan, and with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Continuation of a public hearing to consider request for an Appeal against the Board of Adjustment in denying a Special Exception for a 250-foot high telecommunication monopole tower on a 39.41 acre site located on the north side of SR 46, 1¼ mile east of CR 426, as described in the proof of publication, Nextel c/o Laura Belflower.

Ginny Markley, Zoning Coordinator, addressed the Board to advise this item was continued to the October 10, 2000 BCC meeting in order for the appellant to find other carriers to co-locate on the tower. The appellant was required to float a balloon on the site for the District Commissioner and neighbors to view. The District Commissioner met with the residents of Geneva and Nextel at a community meeting, which was held on September 28, 2000. The floating of the balloon was held on the same date. At that meeting, the Appellant agreed to request a continuance to the October 24 meeting in order to pursue reconstruction of an existing American tower located several miles east of the subject property.

Attorney Mark Watts, Cobb, Cole & Bell, addressed the Board to advise he is representing Nextel. He stated this site has an interesting history and he briefly reviewed same. He said this item was presented to the Board on 8/22/00 and at that time District Commissioner McLain requested that the appellant meet with the residents. That meeting was held on 9/28/00 with approximately 20-25 residents in attendance and at that meeting other possibilities were brought up. An existing tower, owned by Crown Cast Communications, is located a mile west of Geneva and a nonconforming tower is located one mile east of the proposed site. It is a nonconforming lot and it is too small for a zoning classification, and to rebuild that tower would require significant variances. He added after reviewing the possibilities that were given to them, they came up with two options.

Upon inquiry by Chairman Henley, Stephen Lee, Assistant County Attorney, addressed the Board to advise what is before the Board tonight is an appeal of the Board of Adjustment’s determination to either overturn or approve that determination. Another application would have to go back through the process.

Attorney Watts displayed a revised site plan (received and filed) showing the proposed tower site and the location of the new proposed site (upper left-hand corner). He stated the area marked with the X offers the best opportunity for screening from existing vegetation and other property owners. He indicated on the map the location of surrounding property owners.

Upon inquiry by Chairman Henley, Attorney Watts advised he has discussed the alternative sites with the residents in the area. The American tower site and alternative site were not pursued, based on the status of the American tower under the County Code. The American tower would require significant variances from separate requirements. They will be looking at approximately 700 ft. variances out of 750 ft. required to build a tower on that alternative parcel. Based on the constraints reviewed on that site, that was not pursued as an option before coming to this Board. The first alternative they are proposing is to consider the proposed site they have come forward with and the other alternative is to get Board direction as to whether they should pursue the American tower site.

Chairman Henley stated he would be reluctant to vote on this item until it has gone through the process.

Commissioner Van Der Weide stated Mr. Watts has presented new information and it would need to go back to the Board of Adjustment (BOA). He said Mr. Watts is asking the Board to deal with something that has not gone through the BOA.

Upon inquiry by Chairman Henley, Attorney Watts advised if this Board feels the American Tower site is a possibility they can pursue, then they would continue the proposed site indefinitely pending application on the other one.

Upon inquiry by Commissioner McLain, Attorney Watts advised the American Tower is an existing tower. It is a 150-ft. tower and it would have to be increased to 250 ft.

Ms. Markley advised staff could allow the rebuilding of that tower if the BOA approves it.

Commissioner McLain stated as everyone knows, cell towers have become an issue the Board has to look at closely. This Board has always looked favorably on existing towers that can be used. If a tower can be eliminated and it can be modified, hopefully that is the best of both worlds.

Attorney Watts stated he would ask the Board to table this appeal indefinitely.

Upon inquiry by Commissioner McLain, Mr. Lee advised he feels the appeal can be continued at the Board’s discretion, but it would have to be readvertised if it comes back for a public hearing.

Attorney Watts stated he doesn’t know if he can set a time.

Commissioner McLain stated the Board will need to continue the appeal to a date certain and if the appellant needs more time, they can request a continuance.

Richard Racine, 311 Sand Pine Place, addressed the Board to state he would have no objection to the continuance. He stated he supports getting the two towers together and redoing the American tower.

Tom Shaffer, 921 Harrison Rd., addressed the Board to state he has no objections to the continuance. He stated he would prefer the two tower solution.

Bill Frederickson, 753 Phoenix Lane, addressed the Board to state he owns property below parcel C and he is in favor of this hold-off to see if they can work with the two towers. He stated he would like to know if Nextel spoke with BellSouth.

Attorney Watts stated research that needs to be done applies to American tower. The site on the BellSouth tower is about 240 ft., therefore, Nextel would lease with Crown Castle.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner McLain to continue to January 9, 2001 at 7:00 p.m., or as soon thereafter as possible, request for an Appeal against the Board of Adjustment in denying a Special Exception for a 250-foot high telecommunication monopole tower on a 39.41 acre site located on the north side of SR 46, 1¼ mile east of CR 426, as described in the proof of publication, Nextel c/o Laura Belflower.

Chairman Henley surrendered the gavel to Vice Chairman Maloy for the purpose of seconding the motion.

Under discussion, Chairman Henley stated he feels this is the right way to go in giving everyone an opportunity to work this out since the residents are willing to consider another site.

Districts 1, 3, 4 and 5 voted AYE.

The gavel was returned to Commissioner Henley and he assumed the position of Chairman.

Commissioner McLain left the meeting at this time.

Continuation of a public hearing to consider request to create Mixed Use Zoning Districts to the Land Development Code, as described in the proof of publication.

Upon inquiry by Chairman Henley, Nancy Roberts, Senior Planner, addressed the Board to advise staff would like to withdraw this item.

Upon inquiry by Commissioner Van Der Weide, Frances Chandler, Planning & Development Director, addressed the Board to advise when staff started preparing the mixed use policy for the planning and zoning districts, there was an indication of a place they wanted to apply the land use (Hillview area). Several weeks ago that request was withdrawn because of some changes that occurred in that area. One of the things they have put together was a zoning aspect that would execute the land use category. Some of the comments staff received from the community was the quick time frame and they wanted to have more time to review it. Staff wanted time to redevelop this in a way to make it useful.

Upon inquiry by Commissioner Van Der Weide, Ms. Chandler advised the residents of Spring Valley had concerns with the zoning district or land use being applied to their adjacent residential area. She stated staff feels there are other locations in the County where something of this type might be important, but potentially not in the Hillview area.

Chairman Henley stated from the standpoint of using mixed use zoning in that particular area, the Board decided that was not appropriate. What they are dealing with tonight is a land use change without the accompanying zoning, and the Development Advisory Board (DAB) needs more time to take a look at this aspect. The fact that the County is not applying it to the Hillview area or other areas will give them plenty of time to review it further.

Ms. Chandler stated she feels the neighborhood concerns were that a mixed use district was being created to satisfy a lot of different opportunities and it was hard to make the right fit right next to a subdivision of this type.

Upon inquiry by Commissioner Van Der Weide, Ms. Chandler advised the DAB was involved in the whole process, but they had some concerns from the start.

Commissioner McLain reentered the meeting at this time.

Ms. Chandler stated the DAB felt that this was a complicated zoning and they would like more time to evaluate it further.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner McLain to withdraw request to create Mixed Use Zoning Districts to the Land Development Code, as described in the proof of publication, with staff recommendations.

Under discussion, Chairman Henley stated a meeting on redevelopment was held the other day and it dealt with extensive mixed use and how it works into redevelopment of the areas. He stated he is glad to see that staff is moving in that direction.

Commissioner Maloy stated he feels that whatever this produces, parking issues need to be corrected.

Districts 1, 3, 4 and 5 voted AYE.

Continuation of a public hearing to consider request to enact Ordinance adopting the proposed future land use amendment to the Seminole County Comprehensive Plan (with findings, if any), and transmit to the Florida Department of Community Affairs for issuance of finding of compliance/noncompliance, as described in the proofs of publication, as shown on page ________.

Tony Matthews, Principal Planner, addressed the Board to advise the request is to change the land use from Public, Quasi-Public to Suburban Estates. The Department of Community Affairs (DCA) reviewed the request and had no comments.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-50 adopting the proposed future land use amendment to the Seminole County Comprehensive Plan (with findings, if any), and transmit to the Florida Department of Community Affairs for issuance of finding of compliance/noncompliance, for porperty located on the north side of SR 46, abutting the Northwest Wastewater Treatment Facility, immediately east of Yankee Lake Road, containing approxmately 15 acres, as described in the proof of publication.

Districts 1, 3, 4 and 5 voted AYE.

Continuation of a public hearing to consider request to enact an Ordinance adopting the proposed Spring 2000 Cycle Text Amendments to the Seminole County Comprehensive Plan (with findings, if any), and transmit to the Florida Department of Community Affairs for issuance of finding of compliance/noncompliance, as described in the proof of publication, as shown on page _________.

Mr. Matthews stated these items went before the DAB and to the Local Planning Agency (LPA) to see if they had any recommendations. He stated the LPA made a comment about billboards in the mixed development area. He said the Board can find in their packets lengthy comments from Mr. Les Solin and staff’s response to him. The DCA had one objection and that dealt with an issue providing percentage for mixed uses. Staff has made changes to the airport target industry area. He stated staff does not think it is appropriate to have a conceptual plan at a time a future land use is assigned.

Jeff Hartley, 283 Tiger Lily Court, addressed the Board to state he is not speaking in opposition, but he is interested in Mr. Solin discussing the residents’ concerns.

Les Solin, 901 Douglas Ave., addressed the Board to state he is not in opposition to mixed use. He stated mixed use is an essential ingredient of redevelopment, particularly in core commercial areas. The land use plan deals with commercial development, residential development, and PUD designation. A mandate concept plan has been included. A concept plan is needed and if a mixed use designation is allowed on a large area with many parcels within it under multiple ownership, you’re allowing piecemeal development and a management process will take place in a way that the County will be unable to control. The County will only have an opportunity to demand a large area incrementally as a land owner will come before the BCC with one plan that may develop 10,000 sq. ft within an area of 15-30 acres. The County has a Comprehensive Plan in trying to determine a logical land use pattern that will take place within the various areas of the County that they are concerned with. He displayed on the overhead a list of five Mixed Use Comprehensive Plan objections (received and filed) and he reviewed them as outlined. He also submitted recommended revisions to the Comprehensive Plan.

Upon inquiry by Chairman Henley, Mr. Solin advised he submitted his recommendations and comments to the Planning & Zoning Commission and they and staff rejected all of them.

Upon inquiry by Commissioner McLain, Mr. Matthews advised staff feels that it is best to have a concept plan at the time of rezoning and not at the time of assigned land use. He stated staff looks at all of the issues that Mr. Solin brought up at the time of rezoning. He said staff feels the system they have now is best suited.

Ms. Chandler stated the County’s Comprehensive Plan, land use actions, and zoning actions are considered preliminary and they do not authorize development of land. Staff has constructed, as a framework, a conventional land use category that has a range of options.

Ms. Chandler discussed with Commissioner McLain how multiple property owners are dealt with on a piecemeal basis.

Commissioner McLain stated he feels the key here is mixed uses are good and the philosophical difference on timing. He stated he feels what the residents would like to see within the process can be accomplished.

No one spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #2000-50, as shown on page _________, adopting the proposed Spring 2000 Cycle Text Amendments to the Seminole County Comprehensive Plan (with findings, if any), and transmit to the Florida Department of Community Affairs for issuance of finding of compliance/noncompliance, as described in the proof of publication.

Districts 1, 3, 4 and 5 voted AYE.

Continuation of a public hearing to find the requested changes to the Oviedo Marketplace DRI are non-substantial changes that do not require further review; approve the Third Amended and Restated Development Order; and Amendment #1 to the 1998 Final PUD Master Plan and Developer’s Commitment Agreement; property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417, Carey Hayo on behalf of The Viera Company, as described in the proof of publication.

Chairman Henley stated the Board had consensus earlier today to continue these items.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue to November 14, 2000 at 7:00 p.m., the Oviedo Marketplace DRI – Notice of Proposed Change; and Amendment #1 to the 1998 Final PUD Master Plan and Developer’s Commitment Agreement; property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417, Carey Hayo on behalf of The Viera Company, as described in the proof of publication.

Districts 1, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to adopt final 5-lane urban typical section with the composite alignment for the design of CR 15 from SR 46 to SR 15/600 (U.S. Highway 17-92), received and filed.

John Moore, Professional Engineer, addressed the Board to state three public hearings have taken place with area residents relative to the CR 15 project. The design for the project is expected to be completed in June 2001, the right-of-way to be completed in April 2003, and the construction to begin at that time and completed in October 2004. Funding will be provided through the local option gas tax and right-of-way and construction to be provided through the impact fees and local option sales tax. The Impact Fee Ordinance will need to be amended in 2001 to make the funds available.

Kevin Knudson, Bowyer Singleton, addressed the Board to display and review the typical section alternatives and the corridor realignment evaluation matrix. He stated presently traffic is around 9,000 vehicles per day and it is expected that traffic will increase to around 20,000 cars per day in the year 2025. He reviewed the different typical sections and alignment alternatives of the proposed project. Based on the public input from the public meetings, staff feels the 5-lane urban typical section would be appropriate. A Booklet showing the typical section alternatives and matrix was received and filed.

Attorney Gary Massey, 100 W. Citrus St., addressed the Board to state he is representing Heard Saxon and all he is asking for is an alignment change to make it a less impact on his property. He stated he spoke with Commissioner McLain and Jerry Matthews and they said there would be no problem moving it a little.

Commissioner McLain stated staff has indicated that a minor modification like this would be no problem.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt the final 5-lane urban typical section with the composite alignment for the design of CR 15 from SR 46 to SR15/600 (U.S. Highway 17-92), as described in the proof of publication, subject to Mr. Massey’s comments.

Districts 1, 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 8:25 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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