The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:40 a.m., on Tuesday, November 14, 2000, 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 Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Pastor Wesley Baker, Church of God of Sanford gave the Invocation.

Kevin Grace, County Manager, led the Pledge of Allegiance.

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Commissioner Van Der Weide left the meeting at this time.

Chairman Henley stated he would like to congratulate Commissioners Maloy, Van Der Weide and McLain for being re-elected to the County Commission. He advised that the swearing in ceremony will be held on Tuesday, November 21, 2000 at 1:30 p.m.

Robert McMillan, County Attorney, addressed the Board to advise the reorganization of the Board will be held that same day.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-221, as shown on page _________, recognizing superior achievement by the Seminole County Department of Fiscal Services in receiving the Distinguished Budget Presentation Award for FY 1999/2000, awarded by the Government Finance Officers Association of the United States and Canada.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Cindy Hall, Fiscal Services Director, and she addressed the Board to introduce members of her department and to express their appreciation for being recognized.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to present the Certificates of Appreciation to the following Appeal and Grievance Committee members: Gretchen Hobby, Library & Leisure Services; Paul Kobylarz, Library & Leisure Services/Parks & Recreation; Denise Evans, Community Services/Probation; Barbara Robinson, Information Technologies/Telecommunications; and Ricky Johnson, Public Works/Traffic Engineering.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-222, as shown on page ________, supporting the concept and establishment of the Seminole County Youth Commission.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Dr. Hortense Evans, who expressed her appreciation and she also updated the Board on what the Youth Commission has done.

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Sandra Glenn, Executive Director of the East Central Florida Regional Planning Council (ECFRPC), addressed the Board to request a Regional Planning/Partnership Program.

Commissioner Van Der Weide reentered the meeting at this time.

Ms. Glenn stated approximately two years ago the ECFRPC held a summit and the results of that summit indicated that the Planning Council should be playing a role of regional partnerships and facilitating regional programs. The Wekiva Study is one of the programs that was put in place and hopefully within a couple of months they will be able to inform the Board what that project has produced. She stated the purpose is not to hire new staff people but to have the ECFRPC staff do a lot of the original work. She introduced Jeff Jones, Jennifer Merchy, both of the Planning Council, and Shelly Lauten from the Orlando Regional Chamber of Commerce. The majority of the Council members felt that this is a program that would fit nicely into the plan of the Planning Council. The ECFRPC decided to go out for an RFP to have a consultant do a regional partnership plan for the six counties the Regional Planning Council represents. She stated the ECFRPC now has the winning contract and they are in the process of meeting with each of the counties. She added the ECFRPC has received a positive response from Volusia, Orange and Osceola Counties. If approved by the Board of County Commissioners, this program needs further discussion and there will be negotiations between the consultant and ECFRPC. The intent is that each county will sign an interlocal agreement with other counties, and the ECFRPC feels that each county will gain from this program. This is a project of government, institutional and private enterprises, and several of these programs have been done throughout the nation. Some of them have been successful and some have not. She said she is here to ask the Board to accept the concept of being partners in this regional planning partnership and to pledge financial support with a $50,000 grant extended over a three-year period for a total of $150,000.

Commissioner Morris stated this is a huge undertaking that has been attempted in a handful of communities in the United States and it will take at least two years of primary studies with hundreds of local meetings across the six-county region. Hopefully, in four years the game plan will be in place.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize an amount not-to-exceed $50,000 annually for three years, with the amount to be taken out of the General Fund, with the stipulation that authorization is specifically tied to the Board’s acceptance of an interlocal agreement with other counties and the ECFRPC, and those agreements will come back to the Board in a month or two.

Under discussion, Chairman Henley stated the majority of the funds have been raised by private industry supporting this effort. He stated he had an opportunity to participate in the Cincinnati, Ohio, and Charlotte, North Carolina presentations and he was impressed with the details and results of them. He said he feels it is important, with the experiences of the community, to have a comprehensive study.

Kevin Grace, County Manager, addressed the Board to state he would suggest authorizing the Chairman to execute the budget transfer.

Commissioner Morris stated that upon acceptance, the Chairman is authorized to execute the budget transfer. Commissioner McLain agreed to including that as part of the motion.

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

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

Mr. McMillan informed the Board that the Sassy Merlot case has been dismissed.

Commissioner Van Der Weide requested that Item #49, Approve First Amendment and Renewal to Non-Exclusive Ambulance Franchise Agreement and Certificate of Public Convenience and Necessity for Medics Ambulance Service, Inc., be pulled until this afternoon’s meeting so that he can be briefed on it.

Suzy Goldman, Library & Leisure Services Director, addressed the Board to briefly explain for Chairman Henley the budget and cost analysis of Item #56A, Award FC-1131-00 how it will be funded.

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

Chairman Henley pointed out that Item #59, United Healthcare of Florida renewal, will be heard first on the Regular Agenda. He stated that Item #62, Professional Construction Management Services for the Seminole County Criminal Justice Center and Renovation of Existing Courthouse, will be continued to November 28, 2000. He also stated that Item #76, Amendment #1 to the 1998 Final PUD Master Plan and Developer’s Commitment Agreement, will be continued to November 28, 2000.

Upon inquiry by Commissioner McLain, Mr. Grace advised staff is requesting that Item #62 be continued as there are additional questions that need clarified.

Commissioner Van Der Weide stated he will be on vacation the week of November 28, 2000.

Mr. Grace stated staff can continue Item #75, Oviedo Marketplace DRI to the first meeting in December.

Chairman Henley recessed the meeting at 10:27 a.m., reconvening at 10:40 a.m.

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Linda Eiland, Risk Management, addressed the Board to present request for authorization to renew Health Insurance with United Healthcare of Florida, effective January 1, 2001, with the County paying 100% of employee HMO rate and 50% of dependent costs. A handout showing the proposed premiums and employee deductions was received and filed.

Commissioner McLain stated he would like to thank staff and United Healthcare for working on this process and saving the County over $462,000.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize renewal of Health Insurance with United Healthcare of Florida, effective January 1, 2001, with the County paying 100% of employee HMO rate and 50% of dependent costs.

Under discussion and upon inquiry by Commissioner Van Der Weide, Ms. Eiland advised the highest increase in bi-weekly deduction to employees is $10.32.

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

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Meloney Lung, Support Services Manager, addressed the Board to present request from property owners William K. and Janice T. Franz seeking to obtain an access easement across County-owned land to Cypress Bend Road in Geneva.

David Gregory, Environmental Services, addressed the Board to explain why the 60 ft. easement was chosen.

Commissioner McLain stated it concerns him that an adjoining property owner knew that the County went to the expense of putting up a 5-ft. chain-link fence and would breach that fence. He stated that property owner is now requesting an easement to access the rest of the County’s property. He stated he previously recommended to staff to move forward with condemnation proceedings and they have attempted several times to purchase this property. He said he feels that acquiring this property would eliminate the security problems with individuals entering the County’s property. He stated he knows that staff offered this particular easement to Mr. Franz with the stipulation that he fence it off so that the County can maintain security on their property and he refused. He added he feels that Mr. Franz does not want to cooperate with the County.

Upon inquiry by Commissioner Maloy, William Franz, addressed the Board to advise the purpose of the easement is to obtain access to his property. He stated he is not interested in selling his property. He said he didn’t buy it to make money, but bought it for him, his children and grandchildren to use. He added he offered the Hunt Club to hunt on his property and they turned down that offer.

Upon inquiry by Commissioner McLain, Jim Marino, Deputy County Manager, addressed the Board to advise staff spoke with Mr. Franz about a week or two ago about buying his property and the breaches of the fence.

Commissioner Van Der Weide stated he feels there is a way to solve this problem so that everyone can be happy.

Commissioner McLain stated rather than fence the 60 ft. easement, he would recommend fencing along the south side of the easement up to Mr. Franz’ property line, then fence north to the river and box that section off. That would include 20, 40 or 50 acres of the Hunt Club’s lease. He said he would then ask Mr. Franz if he would like to lease that part along with his 10 acres.

Larry Dale, President of the Seminole County Wildlife Association, addressed the Board to state the Hunt Club is willing to give up the 10 acres or so in that corner and Mr. Franz can fence it around the corner. Mr. Franz offered to give the Hunt Club the 5 acres to hunt on in return for hunting the property along the fence line, which is not acceptable. He stated they would be willing to give up that corner. He added the Hunt Club does not hunt that corner due to safety reasons.

Commissioner McLain stated he would recommend that the Hunt Club release that property from their lease and have Mr. Franz lease that balance to square the corner off for a $1.00 per year. Mr. Franz would then provide a 5-foot chain-link fence to corner that off.

Commissioner Morris stated he feels that this would impose upon Mr. Franz four times the value of the land.

Commissioner McLain asked if a 48" hog-wire fence would be acceptable to Mr. Dale.

Commissioner Morris stated he feels that the County originally should have acquired this property.

Commissioner Van Der Weide stated it is still the County’s property that the lease is on and the County does have some responsibility here. His concern is the safety of the citizens and animals. He stated he feels there should be a way for the County, the Hunt Club and Mr. Franz to share the cost of fencing this off, leasing it for $1.00 a year, and figuring out a way for the fawns to get underneath the fence. He stated he wouldn’t hesitate at the County being a participant in the funding of something that will work out for all parties.

Commissioner McLain stated putting up hog-wire fence and barbed wire on top will cost well under $1,000.

Upon inquiry by Commissioner McLain, Mr. Dale advised there have been several occasions where poachers crossed the fence to shoot deer and then dragging them under the fence. He stated Mr. Franz had indicated to him that he dug holes under the fence to allow the deer and hogs to get through that fence. He stated they have a tremendous problem of poachers along that fence line and along the river. He added his concern is the County is holding the Hunt Club responsible for security, locks and gates, but the County is giving someone unlimited access to it and the Hunt Club is liable for the breach.

Commissioner Van Der Weide stated what the County is trying to do is work out something that can satisfy everyone. He stated cutting out a portion of that property and leasing it $1.00 a year really makes sense. The issue is how is the fence going to be funded and what kind of fence will it be.

Commissioner McLain stated the evidence that he saw shows that active hunting is going on Mr. Franz’s property. He stated he can support Mr. Franz leasing that property for $1.00 a year, squaring it off and putting up a hog-wire fence.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to offer Mr. Franz an opportunity to square off his property and the County leasing a portion of their property, with Mr. Franz securing it with hog-wire fence with two strands of barbed wire on top, with posts on 10 ft. centers.

Under discussion and upon inquiry by Chairman Henley, Mr. McMillan advised the Board can deny specific access and he believes the purpose of the agreement is to specify where that easement is so there is no confusion. The County could negotiate to whatever is agreeable to the property owner.

Upon inquiry by Commissioner Van Der Weide, Mr. Franz advised he doesn’t intend putting cattle on his property. He stated this gives him 300 ft. of open front and he doesn’t need another 600 ft. The chain-link fence stops 100 ft. past this easement and it never was completed. He said his son hunts on his property. He also said he has no need to fence the property.

Commissioner Van Der Weide stated he will withdraw his second.

Chairman Henley advised the original motion failed for lack of a second.

Commissioner Morris stated because there is an easement and public safety issues relative to moving across the land as there is active hunting occurring in the vicinity and there seems to be an on-going dispute, the logical thing is for the 10 acres to be acquired by the County.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize staff to move forward with condemnation proceedings for the purpose of acquiring the property.

Under discussion, Commissioner Morris stated this would give the County Attorney and staff an opportunity to discuss with Mr. Franz the valuations of what a condemnation would cost and what it would cost the County to go through that condemnation process. What that would mean to Mr. Franz is a negotiated settlement with the County. This will allow a negotiation period during a slow take process instead of the County going to court to seize the land.

Commissioner McLain stated the Board offered Mr. Franz an opportunity to keep the property and to fence it off, but he refused the offer, therefore, the County will be acquiring the property.

Commissioner Maloy stated he feels that this issue should be continued in order to give everyone a chance to work this out. He stated he cannot support the motion because Mr. Franz has the right to get to his property. He said he has some reservations about condemning the property and taking it.

Upon inquiry by Commissioner McLain, Mr. Franz advised he would like an easement across that property.

Commissioner McLain stated the Board made an offer to Mr. Franz and he has refused, therefore, the County will proceed with a slow take.

Chairman Henley stated he would be willing for the County to purchase that property, but he does have reservations about taking it.

Districts 1, 3, and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

Mr. McMillan advised a Resolution of Necessity will be prepared for Board approval as that is the official step to take in a condemnation process.

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Phil Stalvey, Community Assistance Manager, addressed the Board to present request to approve Community Service Agency grants for FY 2000/2001 in the total amount of $886,400; and authorize the Chairman to execute the Contracts with approved agencies.

Commissioner Morris recommended awarding $30,000 to the 4-C organization, for a decrease of $14,000.

Pat Frank, 4-C, addressed the Board to explain what services 4-C provides and how each dollar is distributed.

Commissioner Morris stated he would like a report next year on every aspect the State Legislature has looked into regarding the performance of child welfare services.

Commissioner Morris stated he would like to withdraw his request of distributing $30,000 to 4-C.

The consensus of the Board is to go with staff’s recommendation of distributing $44,000 to 4-C.

Mr. Grace recommended that the Board place their recommendations on the voting sheet, with each vote tallied and brought back at the 1:30 meeting.

Mr. Stalvey explained for Commissioner McLain what the asterisk meant beside the Seminole Comm. Mental Health request.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to continue to January 23, 2001, request to approve Preliminary Subdivision Plan for Sandy Oaks with modifications as identified; property located roughly ½ mile south of Sand Lake Road at the east end of Sandy Lane, Huskey Development Co.

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

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize staff to advertise the Design-Build project for Interstate 4 Trail Overpass (structure will cross I-4 south of CR 46A), including a provision for compensation for shortlisted firms preparing proposals.

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

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Chairman Henley advised that Item #62, Professional Construction Management Services for the Seminole County New Criminal Justice Center and Renovation of Existing Courthouse (PS-564-00), will be continued to the first meeting in December.

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Frances Chandler, Deputy County Manager, addressed the Board to present request to reduce the Code Enforcement Lien for David Luoma, 400 South Street, Casselberry, as outlined in the agenda memorandum. She stated staff is recommending reducing the lien from $20,300 to $2,030 and Mr. Luoma is requesting that it be reduced to $1,250.

Chairman Henley stated he doesn’t believe it would be appropriate for the taxpayers to suffer, therefore, he would recommend granting the reduction to $2,030.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to reduce the Code Enforcement Lien, as shown on page ________, from $20,300 to $2,030 for David Luoma, property owner for property located at 400 South St., Casselberry.

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

Mr. Grace stated the applicant has indicated he is willing to continue the request for Oviedo Marketplace Development of Regional Impact (DRI) – Notice of Proposed Change, to November 28, 2000.

The consensus of the Board was to continue the Oviedo Marketplace Development of Regional Impact (DRI) – Notice of Proposed Change to November 28, 2000 at 7:00 p.m.; and authorize the County Attorney’s office to reconvene this evening’s meeting to announce that the public hearings will be continued.

Commissioner Maloy stated there was a meeting at the Oviedo High School and there were about six people in attendance.

Mr. Grace recommended that the briefing items, Landscaping Strategy and Request to Amend the Seminole County Land Development Code Chapter 90, Uniform Addressing System, be continued to the 1:30 p.m. meeting.

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

E. Approval of BCC Minutes dated October 10 and 24, 2000.

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

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

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

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

Commissioner Morris did not vote as he was in the audience at the time.

Mr. McMillan stated as he will be leaving the meeting shortly, he wants to bring before the Board a request from the Supervisor of Elections to have the County Attorney represent her relative to public records requests she has received. He said the Supervisor of Elections has asked the County Attorney to draft a letter indicating it will be awhile before she can respond in light of all she has to do at this time.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to authorize the County Attorney to assist the Supervisor of Elections in responding to the public records requests.

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

Mr. McMillan left the meeting at this time, and was replaced by Assistant County Attorney Stephen Lee.

Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning a 50’ x 635’ portion of Lexington Street that falls between properties owned by the applicants; described as north of Orange Boulevard, between Illinois and Ohio Avenues, James R. and Elsie I. Hulme and Keith Kempke, received and filed.

John Omana, Principal Planner, addressed the Board to state the northerly right-of-way of Lexington Street was vacated as part of the Astor Farms subdivision. He pointed out on a map the location of the property in question and the location of the two properties. He said staff recommends approval of the vacate, subject to the applicant submitting the required utility easement letters that would provide the easements for the Southern Bell and Time Warner Cable utilities within the right-of-way.

Commissioner McLain advised Chairman Henley that he had no questions of the applicant.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2000-R-229, as shown on page _______, vacating and abandoning a 50’ x 635’ portion of Lexington Street that falls between properties owned by the applicants; described as north of Orange Boulevard, between Illinois and Ohio Avenues; as described in the proof of publication, James R. and Elsie I. Hulme and Keith Kempke.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to M-1 (Industrial); property located at the east end of Stonewall Place east of U.S. 17-92 and east of CR 427, Carole Kirchhoff on behalf of Mary Sue Turner, received and filed.

Amanda Smith, Planner, addressed the Board to state the applicant is requesting to rezone the property to offer a satellite vehicle storage site for a local contracting business. She said staff believes that South Lane does not meet the County standards for the type of uses associated with M-1 zoning. Therefore, staff recommends that access to the property be restricted to Stonewall Place, which can accommodate the M-1 uses. She advised the applicant has received a letter from the Midway Commerce Center Property Owners Association stating the property owner may use Stonewall Place for access. The Planning and Zoning Commission recommended approval and that the access be restricted to Stonewall Place. The Planning staff also recommends approval of the rezoning with the stipulation that access be restricted to Stonewall Place.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt Ordinance #2000-52, as shown on page _______, rezoning to M-1 (Industrial) property located at the east end of Stonewall Place, east of US 17-92 and east of CR 427; as described in the proof of publication, with staff recommendations, Carole Kirchhoff on behalf of Mary Sue Turner.

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

Appeal against the decision of the Building Contractors Licensing Board in dismissing all charges against Bill Miller dba Suda, Inc. pertaining to complaint filed by Frank E. Lindner for structure located at 968 Caribbean Place, Casselberry, presented.

Deputy Clerk Carylon Cohen administered the oath to those persons who intended to testify in the matter.

Attorney Tim Askew, representing Mr. Miller, addressed the Board to state the appeal raised by Mr. Lindner asserts that he was not given the full opportunity at the Building Contractors Licensing Board level to present his case. He said his client is willing to agree to remand this case to the Building Licensing Board. He said it is also their position that the notice given to Mr. Miller did not adequately inform him of the charges that would be examined before the Building Contractors Licensing Board, and therefore, he did not have the opportunity to fully explore his defense as well. They would also like an opportunity to appear before the Licensing Board and present a full defense to the charges. Since Mr. Lindner has basically asked for the same thing, they would join with him and ask that the case be remanded. Discussion ensued with Chairman Henley and Commissioner Morris.

Frank Lindner, Appellant, addressed the Board to state he is here because he felt this was his last shot, because the last Board did not want to hear him. He said he is contending that he cannot get a fair hearing before the Building Contractors Licensing Board. He explained further for Commissioner Morris why he believed he could not get a fair hearing because of statements made prior to presenting his case, how the motion to dismiss was made, and he was not given a chance for rebuttal. He said it seems the Chairman of the Licensing Board did not run a fair meeting.

Commissioner Morris said staff does not concur with the recommendation of the Building Contractors Licensing Board. He said he wants to deal more specifically with the legal question regarding the counts raised and wants to understand that better with the County Attorney. He requested a break.

Chairman Henley recessed the meeting at 2:07 p.m., reconvening at 2:08 p.m. Commissioner Morris advised that some documentation needs to be sought and reviewed, and more break time may be needed. Chairman Henley recessed the meeting again at 2:09 p.m. and reconvened at 2:20 p.m.

Assistant County Attorney Stephen Lee advised he reviewed the notice (copy received and filed) Mr. Miller received and it specifically sets out the Code Sections 40.34 and Standard Building Code Section 1706.2, and also states the nature of the claimed violation of those sections. He thinks the notice is adequate. He understands that the agenda package presented to the Contractors Licensing Board contained all the backup and that was given to Mr. Miller as part of his position on the Licensing Board before the hearing. He stated this appeal is a de novo hearing, which means it is again new and all the parties can present whatever issues they care to. He said there has been no claim made by Mr. Miller or his representative today that there was any question of adequate notice of this hearing. For these reasons, he thinks the issue of proper notice is not an issue.

Commissioner Morris asked questions of Mr. Lindner dealing with issues of a fair hearing as the basis of remanding; and if they move from remanding, what would be an appropriate venue if Mr. Lindner is not sure he is getting a fair hearing from Seminole County government.

Mr. Lindner stated that after speaking with Commissioners Morris and McLain and talking to Mr. Forbes, he and his wife feel they can get a fair and equitable hearing before the Board of County Commissioners.

Whereupon, Commissioner Morris said the Board has an opportunity to remand the case to a Special Hearing Officer. Mr. Lee explained that typically Hearing Officers are attorneys or retired judges, who are not connected to any of the parties involved and make findings of fact and a recommendation.

Commissioner Morris asked Mr. Lindner if he would be willing to submit to the Hearing Officer process. He stated this will allow Mr. Lindner to get a proper hearing with the appropriate amount of time of getting all the issues in that Mr. Lindner and Mr. Miller feel are relevant. Discussion ensued with Mr. Grace on the selection of the Hearing Officer. Mr. Lindner stated he would like the Board of County Commissioners to make the selection of the Hearing officer.

Upon inquiry by Chairman Henley, Mr. Askew said they have no opposition to the proposal for a Hearing Officer. He said he found no support that is a de novo hearing. He said typically when there is an appeal, it is whether or not the lower authority committed an error. He suggested they go forward with the issue of whether the Contractors Board committed an error or not.

Mr. Lindner stated he thinks his wife would accept what the BCC has offered and he will go on that recommendation. Commissioner Morris said he thinks this process will allow Mr. Lindner and Mr. Miller to spend the appropriate amount of time needed and it does not deny their additional right of appeal. He said the BCC does not have to do what the Hearing Officer says, but this process allows them to have a cleaner transcript.

Mr. Miller and Mr. Askew also concurred to go to a Hearing Officer.

Motion by Commissioner Morris, seconded by Commissioner McLain, to use a Hearing Officer to hear this particular appeal and make a recommendation to the BCC; and at the next regular Commission meeting, Mr. Lee and Mr. Grace will come back with a recommendation of who the Hearing Officer might be.

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

The Board reviewed the tally sheet (copy received and filed) of tentatively approved budget requests for the Community Service Agencies totally $1,034,00. Commissioner Van Der Weide said he would appeal to the Board for reconsideration on behalf of Mary’s Shelter. He said this is a new organization doing a wonderful job and he thinks the Board needs to be a participant to some degree.

Commissioner McLain said looking at the grand total, the Board talked about increasing this figure by $100,000 and it looks like they are only increasing it by $34,000. He said staff was able to find new revenue today on group health insurance, and that helps Mr. Grace to not have to dip into the reserves. He said he has agencies he thinks the Board need to give reconsideration to, such as: maintain the existing funding of $75,000 to the Kids House; retain the same funding level of $90,000 to the Safehouse of Seminole; additional $5,000 to Tajiri Arts; and continue funding to GoldenRule Housing at $25,000 (increase of $15,000). He said with his changes, they are still below the $1.1 million. He said he would also support Commissioner Van Der Weide’s support of Mary’s Shelter.

Commissioner Morris stated he was considering The Grove. He said they all know this agency works and it is so critical. Whereupon, Commissioner McLain said he could support an increase to The Grove.

Commissioner Morris said he concurs with Commissioner McLain and Van Der Weide’s recommendations and he recommends increasing The Grove to $74,000 as it was before.

Commissioner Van Der Weide recommended funding $25,000 to Mary’s Shelter.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve the six funding changes identified.

Under discussion, Mr. Grace reported that the total is now $1,143,000.

Commissioner McLain reminded the Board that $276,757 had been cut from the budget of these agencies.

Chairman Henley stated he realizes the needs which far exceed what is listed, but when he thinks of the fact it is really not their money but the taxpayers money, he has to think back of all the other items during the budget process that were taken out. There were some worthwhile things but the Board cut them to balance the budget and now they are going back and increasing the budget. Whereas, the savings would allow the Board to go back and recognize those needs. He said he is not disagreeing on the needs, but when he looks at the total budget, he cannot support these changes.

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

Chairman Henley voted NAY.

Voting tally sheet showing the Board’s recommendations and revised voting sheet were received and filed.

Ken Roberts, Director of Public Safety, addressed the Board to state Medics Ambulance Service, Inc. has not exercised their franchise at all for three years and now the County has adequate coverage being provided.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain, to deny approval of First Amendment and Renewal to Non-Exclusive Ambulance Franchise Agreement and Certificate of Public Convenience and Necessity for Medics Ambulance Service, Inc.

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

Tom George, Road Operations Manager, and Ira Barrow, Road Operations, addressed the Board to present a slide presentation (copy received and filed) of their assessment of the current landscaping program regarding problems encountered and proposed solutions.

Commissioner McLain left the meeting at this time.

Mr. George reviewed the slides on Landscaping Background, Problems Encountered, Proposed Solutions, Goals, and Design.

Upon inquiry by Commissioner Maloy, Mr. Barrow answered that staff does not have the use of a water truck yet, but one has been requested.

Commissioner Van Der Weide commented on how well the water truck worked on Wekiva Springs Road.

Commissioner McLain left the meeting at this time.

Mr. George answered questions on watering.

Commissioner Van Der Weide left the meeting at this time.

Mr. George continued with review of the slides on Ground Cover, Small Shrubs, Design Summary, Recommendations, and Installation.

Commissioner Maloy questioned about using shallow wells.

John Moore, Engineering, addressed the Board to state staff has looked into some alternate methods of getting irrigation. He said the County currently has interlocal agreements with Winter Springs and Casselberry. Also, the City of Lake Mary is cooperating with the County for free irrigation. He explained that staff is trying to get partnerships with some of the developments to fund irrigation.

Mr. George reviewed slides on Maintenance, Maintenance Contract Issues, Summary on Design; Summary on Installation; Summary on Maintenance; and the Three Options for the BCC to consider.

Chairman Henley stated he doesn’t think it is good to continue the program unless they come up with one that works.

Commissioner McLain left the meeting at this time.

Commissioner Maloy stated in his opinion, you should only put in plants when you are going to take care of them. If there is not an irrigation system in the median, then they should just put in cabbage palms or plants that can take the drought. He said the delivering costs of water are outrageous and he thinks it’s better to take some of the landscaping funds and invest into an irrigation system and cut back on the amount of landscaping.

Mr. Moore stated staff puts in sleeves for future irrigation. One of the problems they run into is when they go where irrigation is available for use, you pay for the future cost of reclaimed water. He said he will look into shallow wells. He said that during the drought, a lot of the shallow wells went dry this year. He said staff will do some research into the types of plantings. They have been going with drought-tolerant plants, but this has been a phenomenal year with drought.

Commissioner Morris stated irrigation should be put in whenever and wherever possible with potable water until such time as they get to reuse water. He agreed with Commissioner Maloy.

Upon inquiry by Commissioner Morris, Mr. George explained why the Bobcat machine is needed.

Commissioner McLain reentered the meeting at this time.

Commissioner Morris said staff can look at the options by Commissioner Maloy to change the plant species and irrigation and his suggestion to drop the canopy plants.

Mr. Moore requested that staff go back and look at what’s been suggested.

Commissioner McLain stated he would like for Commissioner Maloy to work with staff so they can move on with this.

Chairman Henley stated the consensus is that the Board doesn’t want the status quo and they approve Commissioner Maloy working with staff and reporting back to the Board.

CODE, CHAPTER 90, UNIFORM ADDRESSING SYSTEM

Deputy County Manager Frances Chandler stated in speaking with the applicant, they have agreed to revise the request for a variance from odd to even numbering. The applicant would want to have a provision to vary the grid. It appears the other request for naming streets should be heard by Public Safety first, then appealed to the BCC.

Motion by Commissioner McLain, seconded by Commissioner Morris, to authorize staff to advertise Amendments to Chapter 90, Seminole County Land Development Code, Uniform Addressing System, as amended with the two changes identified, as requested by Colonial Town Park Dev., and schedule a public hearing.

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

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

Chairman Henley stated he represents the Board on the Regional Leadership Conference, along with Commissioner Morris. He found it very informative and beneficial for the business community, chambers, and elected officials to be able to get together and spend appropriate time hearing from the Commissioners in the community. He thinks this will be only one in a series in order to promote cooperative efforts to improve the quality of life throughout the region.

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Chairman Henley advised on the Seminole County Expressway Authority that Tom Hagood’s vacated term expires in April 2002 and Sanford City Commissioner Whitey Eckstein has been reappointed for a term that expires November 2002. The SCEA Board has been unable to get the five cities’ vote for Mr. Hagood’s seat, so it is up to the discretion of the BCC to make that appointment. He reported the recommendations from CALNO, Cities of Oviedo, Altamonte Springs, and Winter Springs.

Commissioner McLain stated it is important to move forward with the appointments because it is affecting the SCEA Board’s scheduling and they have business to take care of. He said he thinks either one of the gentlemen recommended will do a good job; and Mr. Eckstein should be reappointed because basically all the construction is in the City he represents. He said it seems the majority of the cities and CALNO have recommended Mr. Brender and it only seems reasonable to go with the will of the cities.

Motion by Commissioner McLain, seconded by Commissioner Morris, to appoint Gary Brender to the Seminole County Expressway Authority to fill the unexpired term of Tom Hagood which expires in April 2002; and ratify the appointment of Sanford City Commissioner Whitey Eckstein to the SCEA Board for a two-year term expiring in November 2002.

Under discussion, Commissioner Maloy said he thinks the City of Oviedo should have representation on the SCEA Board. Whereupon, Commissioner McLain said Commissioner Maloy should be the representative for the City of Oviedo.

Commissioner Morris said he agrees with comments by Commissioner McLain regarding the majority vote of the cities for Mr. Brender. He said the alternative is to go with the majority and stay neutral of the recommendations by the Cities of Oviedo and Winter Springs.

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

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Chairman Henley stated there are two vacancies on the P & Z as Mr. Keylor Chan has submitted his resignation, and he understands that Mr. Bob West has indicated he would be submitting his resignation. He advised his Aide keeps a folder of those interested in serving on County Committees, if the Commissioners don’t have anyone in mind to appoint. He hopes the Board can make the appointments at the next meeting.

Commissioner McLain stated there have been some problems dealing with the soccer fields at Lake Sylvan. He thanked staff for coming up with a lottery system for reserving the fields. He said he would like staff to take a look at evaluating the potential impacts and costs for lighting additional fields so they can relieve some of the pressure, as there is a great demand for the fields. They can reduce the amount of lighting down to 10:00 p.m. The Board had no objections.

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Commissioner Maloy questioned the total amount of the funding to the Community Service Agencies stating he thought the total was $1,109,000. Mr. Grace explained the total was actually $1,034,000 plus the additional $109,000 for the grand total of $1,143,000. Commissioner Morris indicated he also thought the amount was $1,109,000.

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Commissioner Morris asked for a Resolution from the Board to the City of Lake Mary for former Mayor Mealor.

Motion by Commissioner Morris, seconded by Commissioner McLain, to adopt appropriate Resolution #2000-R-230, as shown on page _______, acknowledging Mayor Mealor’s service to the community.

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

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Commissioner Morris said the Board may want to take a look at the revised 427 plans, particularly paying attention to the ponds along C15 and 427. He commended staff for reworking this.

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Chairman Henley stated with the action the Board took this morning regarding a park and cleaning up of the area, he thinks District 4 will be much happier. He asked if they can now get the flashing light repaired on Moss Street that was recently destroyed.

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Commissioner Maloy asked staff to look into the little segment by the Greeneway and Red Bug that looks awful. He said it has not been edged in months. He doesn’t know who is responsible for it, but he thinks the Department of Transportation maintains this segment.

Chairman Henley distributed copies of the minutes (received and filed) for the Metroplan Board meeting held on November 8, 2000.

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Commissioner Morris expressed thanks to the Board from the East Central Florida Regional Planning Council on their support for the study initiative.

Mr. Grace advised that he, Attorney Lee, and Tony Matthews attended the meeting last night and voiced objections to the City of Winter Springs’ annexation issue for property east of Battle Ridge. He said the City moved ahead for the next meeting on all three annexation proposals and transmitted most of the plan amendment items. Staff would like authorization from the Board to oppose the plan amendment items with the Department of Community Affairs. He asked for direction from the Board regarding litigation if the City proceeds with the annexation items, because staff will have 30 days to respond. He asked the Board to authorize staff to proceed with DCA and to proceed with litigation if necessary.

Attorney Lee explained the 30 days to file a petition in opposition and the short time frame involved if the City adopts the annexation ordinance.

Motion by Commissioner McLain, seconded by Commissioner Morris, to authorize the County Manager and Legal staff to proceed with DCA and file litigation, if necessary.

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

Mr. Grace advised there is strong support on the City Commission for all these items.

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Mr. Grace reported he will be in Tallahassee for the rest of the week attending the Florida Association of Counties Legislative Council meeting. He said DCM Frances Chandler will be acting County Manager.

Commissioner Morris said Attorney Lee and Mr. Grace will be speaking on the payroll advance item. He anticipates the Finance Administration Committee will approve this.

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The Board recessed at 4:10 p.m., reconvening at 7:00 p.m., this same date with Deputy County Attorney Stephen Lee and Deputy Clerk Eva Roach, who replaced Deputy Clerk Carylon Cohen.

Continuation of public hearings to find that 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 for the Oviedo Marketplace DRI; and authorize Chairman to execute the development order; property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417; as described in the proof of publication, Carey Hayo on behalf of The Viera Company; and enact an Ordinance to rezone property located at the intersection of Red Bug Lake Road and SR 417 (The GreeneWay) from PUD (Planned Unit Development) to PUD (Planned Unit Development); approve associated revised PUD Master Plan; and approve Developer’s Commitment Agreement, as described in the proof of publication, The Viera Company.

Attorney Lee noted the absence of all Commissioners and stated that in the absence of a quorum and no one being in attendance, the meeting is continued to November 28, 2000 at 7:00 p.m., or as soon thereafter as possible.

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Attorney Lee declared the meeting closed at 7:02 p.m., this same date.

ATTEST_______________________Clerk______________________Chairman

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