The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, November 23, 1999, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Chaplain Bob Gregory, John E. Polk Correction Facility, gave the Invocation.

Commissioner McLain led the Pledge of Allegiance.

Chairman Henley passed the gavel over to County Attorney, Robert McMillan, to act as temporary Chairman to the BCC. Mr. McMillan advised the nominations do not require a motion or a second to a motion. He opened the floor for nominations for the Chairman of the BCC.

Commissioner Van Der Weide nominated Commissioner Henley.

Motion by Commissioner Morris, seconded by Commissioner Maloy to close the nomination for Chairman of the BCC.

Under discussion, Commissioner McLain stated over the last year Commissioner Henley has conducted the meetings very well.

He stated he feels that Commissioner Henley will continue to run these meetings in the most equitable way to make sure that all sides are heard and he is very anxious to support him.

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

Mr. McMillan called for those in favor of Commissioner Henley as Chairman of the Board of County Commissioners for 1999/2000.

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

Mr. McMillan passed the gavel to Commissioner Henley, whereupon, he assumed the position of Chairman.

Chairman Henley opened the floor for nominations for the Vice-Chairman of the BCC.

Commissioner Van Der Weide nominated Commissioner Maloy.

Commissioner Morris nominated Commissioner McLain.

Chairman Henley called for those in favor of Commissioner Maloy for Vice Chairman of the BCC. Whereupon, Commissioners Van Der Weide, Maloy and Henley voted AYE.

Chairman Henley stated he appreciates the opportunity to serve again as Chairman. He stated the first year he accepted the position with apprehension. He said he has had great cooperation from the Board this year and with that he is willing to accept the position. He added the Board has done a lot of good things for this County in the past year and he is looking forward to making some very difficult decisions that this Board will face in the coming year. He stated he thinks it is important that the Board does what is right for Seminole County and he hopes that the Board will continue to work together.

Commissioner Van Der Weide stated he went to lunch on Veterans Day at Dan’s Family Restaurant in Longwood and because he was a veteran, his lunch was free. He stated he was so impressed with the owners that he felt they deserve a resolution recognizing them for their support to the veterans.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-152, as shown on page __________, recognizing Dan’s Family Restaurant, Longwood, in honoring our Veterans with free meals on Veterans Day.

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

The Board presented the Resolution to Robert Schraw and he addressed the Board to express his appreciation.

Commissioner Maloy stated there is only one item (Brossier Rezone) to be heard for the 7:00 p.m. public hearing and he is going to recommend continuing this item to December 15, 1999. He stated he has received correspondence from Representative Feeney requesting that this item be continued to allow him to do some further research on it. The other reason he would like to continue this item is there was a work session with the developer and staff this past Friday. Apparently, the Sheriff’s Office hired an expert planner from Miami to review the plans and to put together a report. He stated the report has 13 recommendations and staff just received those this morning.

John Dwyer, Current Planning Manager, addressed the Board to state staff met with Mr. Randy Atlas last week, and the Sheriff’s Office and staff will be going over the plan relative to the CPTED recommendations. He stated the developer seems to be very receptive in trying to incorporate some of those recommendations into the plan. However, there are no plans done at this time. He said this continuance would give staff and the developer an opportunity to look at those recommendations a little more in-depth. It would allow staff an opportunity to look at them to see how they relate to the code requirement.

Upon inquiry by Commissioner Morris, Mr. McMillan advised a member of staff will be present tonight to handle the procedures.

Commissioner Maloy recommended that the County Attorney be present tonight.

Upon inquiry by Commissioner Van Der Weide, Mr. Dwyer advised staff will make some phone calls to the key people involved to let them know of the continuance.

Commissioner Van Der Weide stated he would like staff to keep a record of those citizens notified.

Motion by Commissioner Maloy, seconded by Commissioner Morris to continue to December 15, 1998 at 7:00 p.m., or as soon thereafter as possible, request to Rezone from C-1 to PUD, as described in the proof of publication, Brossier Company.

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

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

Mr. McMillan informed the Board that the litigation involving Mr. Person’s ham radio tower has come to a conclusion and the judgment for that case is in the County’s favor. He stated this case is over without going to trial unless he proceeds further.

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Commissioner Morris stated he would like the County Attorney to inform the Board on a regular basis on the status of claims under the Bert Harris Act relative to the Club Juana litigation.

Mr. McMillan stated Club Juana has filed a notice of claim against the County and the City of Casselberry. He stated his office has submitted that to the Risk Management Department and that case has been referred to Nabors, Giblon & Nickerson. It is a land use case under the Bert Harris Act and the law firm of Nabors Giblon & Nickerson will be reviewing it. He added he asked the Board of Directors of the County Attorneys Association if they have seen a Bert Harris claim on nonland use regulations and they had not.

Upon inquiry by Commissioner Morris, Mr. McMillan advised the claim is for $3.5 million.

Chairman Henley advised that Item #7, BCR #00/08 and Item #20, Approve funding agreement with the Orange County Housing Finance Authority, have been pulled from the agenda. He advised that there is an add-on to the Regular Agenda, Item #F1, Approve Economic Incentive funds for Unicell Paper Corp.

At the request of Commissioner Morris, Kevin Grace, County Manager, addressed the Board to explain why the two items were pulled from the agenda.

Commissioner Maloy requested that Item #2, Sale and Purchase Agreement with Hands, be pulled for a separate vote.

Commissioner Morris requested that Item #23, Interlocal Construction Agreement with the School Board, be pulled for a separate vote.

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

#2. Request to approve Sale and Purchase Agreement with the Central Florida HANDS for the acquisition of the Shenandoah Village property at approximately $1.9 million; approve Management Agreement with HANDS Realty to manage the property, and approve Budget Change Request which allocates funding for the purchase of the property from Solid Waste Water & Sewer, Public Works, and General Fund, a portion of which will be repaid from Law Enforcement Trust Funds, was presented.

Commissioner Maloy stated he feels the purchase of this is premature as a plan has not been put together for the use of the property. He stated he doesn’t think expensive property on 17-92 would be the likely place for a Public Works building. Therefore, he is not comfortable with moving forward on this issue.

Commissioner McLain stated he doesn’t think this is a good deal at this time. He stated he feels a work session should be held to see how they are going to pay for this acquisition.

Commissioner Morris stated the Board has had numerous discussions on this issue. He stated the issue here is the County’s population continues to grow and the County services are being centralized, therefore, the additional land is necessary. He said he feels this is a very good value and this is prudent business management to acquire those particular assets that are needed to serve the people.

Motion by Commissioner Morris to authorize Chairman to execute Sale and Purchase Agreement, as shown on page _________, between Seminole County and Central Florida HANDS for the acquisition of the Shenandoah Village property at approximately $1.9 million; approve and authorize Chairman to execute Management Agreement, as shown on page _________, between Seminole County and HANDS Realty to manage the property; and approve Budget Change Request which allocates funding for the purchase of the property from Solid Waste Water and Sewer, Public Works, and General Fund, a portion of which will be repaid from Law Enforcement Trust Funds.

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

Under discussion, Commissioner McLain stated the assessed value of the land is $700,000. He stated he feels the land itself is worth less than $1 million and it might be a prime location, but even at an appraised value of $1 million, it is not a good deal for the County to spend $2.2 million to acquire 10 acres of land. He said this land is needed because it is contiguous to the County’s existing property, but he doesn’t think the County has assessed the area to the degree that would satisfy him. When staff looked at the area, they indicated that there is a piece of property in that area that is a better deal than this property. He stated his point is there is other land behind this and other land to the north that he doesn’t believe got proper assessment and he feels that this needs to be evaluated further.

Commissioner Morris stated he can understand the Board not wanting to make a purchase but it should be done for the right reasons. The County is not paying more than the value of this land or appraised value. He stated he feels that this is an excellent deal as there are valid reasons to do this.

Commissioner Van Der Weide stated he would have to congratulate staff for being visionaries relative to the County’s future land use for government operation. He stated he feels this situation is a positive move as there is a need for it.

Districts 2, 3, and 4 voted AYE.

Commissioners Maloy and McLain voted NAY.

Vice Chairman Maloy returned the gavel to Commissioner Henley and he assumed the position of Chairman.

#23. Request to approve Interlocal Construction Agreement with the School Board of Seminole County in conjunction with improvements to Sabal Point Elementary School and the Wekiva Springs Road Safety Improvement Project, was presented.

Commissioner Morris stated he received a lot of correspondence from various citizens. The homeowners association held a meeting and he chose not to attend that meeting because it was not advertised. He stated he visited the site and he is not sure that the solution is not moving the problem further down the road.

Commissioner McLain stated he has visited the site and he attended that meeting. He stated he requested that meeting be posted and he did not see any postings.

Mr. McMillan stated it was posted.

Commissioner Morris stated he never attended the meeting because he did not know it was going to be posted.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize Chairman to execute Interlocal Construction Agreement, as shown on page _________, with the School Board of Seminole County in conjunction with improvements to Sabal Point Elementary School and the Wekiva Springs Road Safety Improvement Project.

Upon inquiry by Commissioner Morris, Jerry McCollum, County Engineer, addressed the Board to state there have been numerous meetings and the alternative, which the citizens were opposed to, was where they took a 4-laning section past Fox Valley. He stated he has received a letter from the Sweetwater Homeowners Association supporting the downscale version (W1). Discussion ensued.

Commissioner Maloy stated there is a big problem with the children walking to school in that area. He stated he is in favor of an agreement with the School Board to fix that safety problem.

Commissioner Van Der Weide stated the School Board has been supporting this since day one and he feels that this is a positive step.

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

Commissioner Van Der Weide left the meeting at this time.

Janice Keifer, Support Services Manager, addressed the Board to present request to declare surplus and competitively bid County-owned vacant land located at 2505 Howell Branch Road, Casselberry (Butler Plaza); and direction pertaining to request for easements submitted by HB Plaza, Inc.

Commissioner Van Der Weide reentered the meeting at this time.

Nancy Rossman, President of HB Plaza, Inc., addressed the Board to submit a booklet (received and filed) containing summary of HB Plaza’s proposal; Aerial Photos, Property Map; Proposed Overall and County Lot Site Plan; Chronology of Events; Correspondence; Staff Report and Letter of Support from the City of Casselberry. She reviewed the background of the site and HB Plaza’s proposal, why they feel HB Plaza’s appraisal is incorrect, and staff’s reasons for denial as outlined in the booklet. She stated it was discussed that a queuing problem will be created if this easement is granted. She added the Walgreen’s site plan was not a queuing problem or safety when it was approved, but now it is one.

Chairman Henley stated he had problems with this proposal the moment he saw it. He stated the Traffic Engineering Division has indicated that there will be some proposed changes on Howell Branch Road as there is a record of 23 accidents in that area. The County paid $663,000 to acquire that land as part of the taking along that road. He said he would like to make sure that whatever they do, they still have a marketable piece of property. Therefore, he has a problem with the proposal, as there are some safety concerns with vehicles backing out of parking spaces into a cross easement.

Upon inquiry by Commissioner Maloy, Jamie Croteau, Administrative Services Director, addressed the Board to explain why this process took so long. Discussion ensued.

Chairman Henley stated he doesn’t think that by taking a 20-ft. wide cross access out is going to increase the value of the remaining property when it is 111 ft. wide at one point and 114 ft. at another point. He stated that property is going to be very narrow and there won’t be enough there to market.

Upon inquiry by Chairman Henley, Ms. Rossman advised Walgreens has walked away from sites for issues such as this.

Chairman Henley stated he can see that this will be a benefit to Walgreens but he doesn’t know if it will benefit the County. He stated Walgreens is in the City of Casselberry and the City will have to serve the area with water. The City can take a position that if this area is not annexed, then they will not provide water service. He stated he would be willing to sell the property to the City of Casselberry if they would like to buy it, then, they can give HB Plaza the easement. Discussion ensued.

Chairman Henley passed the gavel to Vice Chairman Maloy for the purpose of offering a motion.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to declare surplus and competitively bid County-owned vacant land located at 2505 Howell Branch Road, Casselberry (Butler Plaza).

Under discussion, Commissioner McLain stated he feels it is premature to do this, therefore, he will not be supporting the motion.

Upon inquiry by Commissioner Morris, Commissioner Henley advised staff has indicated that this issue has taken a long time to get to this point. He stated he has visited the site and he doesn’t see any alternative suggestions.

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

Commissioner McLain voted NAY.

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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to deny the cross access easements submitted by HB Plaza, Inc. for property located at 2505 Howell Branch Road, Casselberry (Butler Plaza).

Under discussion and upon inquiry by Commissioner Morris relative to moving the easement based on site plan, Mr. McMillan advised the cross access easement could be relocated at any point in the future. Discussion ensued.

Upon further inquiry by Commissioner Morris, Mr. McMillan advised he understands that this parcel already has access on both sides and a cross access easement is not needed. He stated a cross access easement could be relocated or eliminated.

Upon inquiry by Commissioner McLain, Robert Zaitooni, Traffic Engineer, addressed the Board to advise a signal is planned for the main entrance of Butler Plaza and that would facilitate left turns out of the parcel.

Commissioner Morris left the meeting at this time.

Mr. Zaitooni pointed out on the map the location of the parcels. He explained the history of the intersection. He explained the reason why Traffic Engineering got involved in this issue.

Commissioner Morris reentered the meeting at this time.

Mr. Zaitooni stated there is a huge safety problem at this intersection and staff is trying to resolve this through access management from SR 436 to the new signal.

Commissioner McLain stated he believes that a cross access across the south side of that development enhances the value of the County’s property. He stated he sees the cross access easement as a benefit to the County in selling the property.

At the request of Commissioner Henley, Mr. Zaitooni indicated on the map where the signal light will be installed and what it will do to the median in that area.

Mr. Zaitooni explained for Commissioner McLain how residents will access the site if the County surpluses the land without a cross access easement.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Morris left the meeting at this time.

Vice Chairman Maloy recessed the meeting at 11:05 a.m., reconvening at 11:17 a.m., with all Commissioners in attendance.

Mr. McMillan responded to Commissioner Morris’ question relative to granting an easement at the time of site plan.

Commissioner McLain stated even though there isn’t a cross access easement, people are still going to have to pull in and out of this property. He stated once the cross access easement is located, it will give them the flexibility for internal circulation and it will provide better access for people.

Commissioner Henley stated once the property is disposed of and a developer comes in, the County has a right to revisit this issue based upon the site plan.

Districts 3 and 4 voted AYE.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to grant public easements, as shown on page _________, through the center and on the east side of property located at 2505 Howell Branch Road (Butler Plaza), H.B. Plaza, Inc.

Under discussion, Commissioner Henley stated he will be voting against the motion as he feels it is not in the best interest of the citizens of the County. He stated he feels it depreciates the value of the property and the applicant will primarily benefit from this.

Commissioner Morris stated he had doubts whether to approve this request, but his concerns have been resolved, therefore, he will be supporting the motion.

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

Commissioner Henley voted NAY.

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

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to confirm the appointment of Janet P. Davis as Director of Human Resources, at a salary of $60,000, effective November 24, 1999.

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

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Cindy Coto, Deputy County Manager, addressed the Board to present request from Southeast Alliance of Foreclosure Specialists to either eliminate or reduce the Code Enforcement Lien on property located at 113 Oakland Ave., Sanford, Florida. She stated staff has no problem waiving the lien or reducing the lien to the amount of money expended which is $178.70.

Motion by Commissioner McLain, seconded by Commissioner Maloy to reduce the Code Enforcement Lien to $178.70 on property located at 113 Oakland Ave., Sanford, Florida.

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

Request to approve two staff positions, Operations Manager and Maintenance Engineer, for Seminole Government Television (SGTV), and the release of $312,034 for capital improvements and the operation of SGTV for fiscal year 1999/2000, was presented.

Upon inquiry by Commissioner Maloy, Greg Holcomb, Telecommunications Manager, addressed the Board to explain what the $15,000 for additional outsourcing will be used for.

Commissioner Morris stated he feels the outsourcing funds should be brought back whenever staff is going to cover an outside activity. He stated the Board will then know the type of activity that is covered and the cost of same.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve two staff positions, Operations Manager and Maintenance Engineer, for Seminole Government Television (SGTV), and the release of $312,034, less the $15,000, for capital improvements and the operation of SGTV for fiscal year 1999/2000.

Commissioner Van Der Weide stated he has concerns relative to run-away costs and the money allocated. He stated this is an area where they need to take funding seriously.

Commissioner Morris stated this is an area that needs monitoring by the Board. He stated he feels it is really admirable how well this process has worked. He said the one question he has is a huge segment of this County does not have coverage of the Board meetings. The TCI contract calls for the allowance to broadcast the meetings and they have not done so.

Mr. Grace stated he understands that Time Warner is in the process of converting the TCI system over to their system early next year.

Commissioner Morris stated he would like staff to demand specific performance, as he is anxious to broadcast the meetings throughout the County. He offered a friendly amendment to instruct staff to expedite in attempting to get full coverage from the TCI/Time Warner area. Commissioner McLain agreed to include the amendment in the motion. Discussion ensued.

Commissioner Van Der Weide stated there are a lot of people on satellite that don’t get coverage of the Board meetings.

Commissioner Morris left the meeting at this time.

Commissioner Van Der Weide suggested that staff come up with a way to address satellite dishes and/or the Americast or BellSouth.

Districts 1, 3, 4 and 5 voted AYE.

Gary Schindler, Senior Planner, addressed the Board to present request to approve the proposed Developer’s Commitment Agreement and Final PCD Site Plan for the Maronda Homes Truss Plant PCD; property located on the south side of Maronda Way east of Upsala Road/C-15, Maronda Homes. He stated staff recommends approval of the request.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve proposed Developer’s Commitment Agreement, as shown on page _________, and Final PCD Site Plan for the Maronda Homes Truss Plant PCD; property located on the south side of Maronda Way east of Upsala Road/C-15, Maronda Homes.

Districts 1, 3, 4 and 5 voted AYE.

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John Dwyer presented request to approve Final PUD Master Plan and Developer’s Commitment Agreement for Aloma Square PUD; property located east of SR 426 and north of Dean Road, Charles W. Clayton, Jr. and W. Malcolm Clayton. He stated the request is in compliance with the original preliminary approval, however, since that time, staff has received correspondence from Mr. Hugh Harling’s office indicating that they would like to change some verbiage. He said the applicant’s representative would like to change the last sentence of Item #5 of the Developer’s Agreement to include "all areas included within the open space calculation shall be landscaped. Retention ponds shall be landscaped in a fence, aesthetic fence materials shall be used". He added staff has no objections to the proposed change and to the request.

Commissioner Morris reentered the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page _________, for Aloma Square PUD; property located east of SR 426 and north of Dean Road, Charles W. Clayton, Jr. and W. Malcolm Clayton.

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

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Mr. Schindler presented request to approve Final PUD Master Plan and Developer’s Commitment Agreement for West Palm Valley PUD; property located on the north side of West Palm Valley Drive, east of Alafaya Trail and northeast of Park Road, Harling Locklin and Associates. He stated he would like the Development Review staff to address development activities within the 500 ft. line of the Econlockhatchee River.

Commissioner Maloy stated he feels the District Commissioner should be informed when there is an interpretation of an important law well before it is brought before the Board.

Commissioner McLain stated he would like clarification on any interpretation of law, therefore, he would recommend continuing this item.

Hugh Harling, applicant, addressed the Board to advise he would have no problem continuing this item so that he can provide additional information to the Board.

Motion by Commissioner Maloy, seconded by Commissioner Morris to continue to December 14, 1999 at 1:30 p.m., or as soon thereafter as possible, request to approve Final PUD Master Plan and Developer’s Commitment Agreement for West Palm Valley PUD; property located on the north side of West Palm Valley Drive, east of Alafaya Trail and northeast of Park Road, Harling Locklin and Associates.

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

Carol Bowden, Planner, addressed the Board to present request to approve plat waiver to allow the creation of three single family residential lots; property located on the north side of Northridge Drive west of the intersection with Myrtle Lake Hills Drive, east of Interstate 4 and west of Lake Myrtle Hills, James & Kris Thompson.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve plat waiver to allow the creation of three single family residential lots; property located on the north side of Northridge Drive west of the intersection with Myrtle Lake Hills Drive, east of Interstate 4 and west of Lake Myrtle Hills, James & Kris Thompson.

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

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Sylvia Smith, Senior Planner, addressed the Board to present request to approve Alaqua Lakes Phase VI Preliminary Subdivision Plan; property located within the Alaqua Lakes PUD on the west side of Markham Woods Road at Lake Mary Blvd., Taylor Woodrow Communities.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Alaqua Lakes Phase VI Preliminary Subdivision Plan; property located within the Alaqua Lakes PUD on the west side of Markham Woods Road at Lake Mary Blvd., Taylor Woodrow Communities.

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

The Board consented to continuing the Economic Incentive Funds for Unicell Paper Corp. request and the Prioritization of Major Projects/Funding Alternatives Briefing item to the 1:30 p.m. meeting.

Dave Gregory, Solid Waste Manager, addressed the Board to report on the performance of Disposall for the past six months. He stated staff has seen a marked improvement of Disposall’s customer service and a decrease in contract violations. He said staff is recommending allowing Disposall to continue operating with the understanding that if there is not a continued improvement with customer service, staff will bring this matter back to the Board.

Commissioner McLain stated the one thing that needs to be clear is these violations were based on prior ownership and not on the current ownership. He stated staff has seen a drastically improved performance by the new owner.

Commissioner Morris left the meeting at this time.

Commissioner McLain stated he would support staff’s recommendation.

Commissioner Van Der Weide stated he would like to see the new organization be removed from any cloud over their head. He stated he doesn’t want to hold someone accountable for another owner’s actions.

Commissioner Morris reentered the meeting at this time.

Chairman Henley stated the Board requested staff to report on the performance of Disposall and the report is positive.

Commissioner Maloy stated the complaints for Disposall have dropped substantially in his district. He stated the few complaints he had were taken care of right away.

Commissioner Morris stated he doesn’t believe the Board need a continuing report from staff on this issue unless they are getting complaints again.

Commissioner McLain stated there has been a problem with the transfer trailers not retaining the garbage that is taken to the landfill. He stated he thought the problem was going to be resolved by buying new trailers.

Mr. Gregory stated staff is working with the contractor to obtain new trailers and rotating them from the old trailers. He stated crews are sent out to pick up garbage along the road.

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

Dean DeWayne Brown, Case #92010991MM - $200

Anthony J. Buchanio, Case #99005547MM - $100

Sonji (A.B.) Burkhart, Case #94002790CJA - $150

Matthew C. Clonch, Case #99009515MM - $200

Herbert Earl Collins, Case #94000051CFA - $450

Esteban Colon, Jr., Case #99003190MM - $200

Jesse S. Cook, Case #95002808CFC - $350

Robert Abraham Davidowitz, Case #98005086CFA - $100

Cynthia Delanuez, Case #99001038CJA - $100

Christine Dombroski, Case #98010234MM - $200

Albert Ellenwood, Case #99001194CJA - $100

Christopher R. Hargrave, Case #99009395MM - $200

Ricky James, Case #97001865CFA - $750

Frantz Jean, Case #99005238MM - $200

Andulack Gary Kongmany, Case #95001719CFA - $200

Brian Eugene McClish, Case #96006293MM - $100

Ralph Rash, Case #99003148MM - $200

David Reeder, Case #98001626CFA - $350

Carlos J. Resto, Case #99000437CFA - $100

Miriam Rosas, Case #99001095CJA - $100

James I. Smith, Case #98003645CFA - $100

Jeffrey D. Smith, Case #97001740CFB - $250

Orlendis G. Smith, Case #92003034MM - $100

Sydney R. Smith, Case #99001999MM - $200

John Larry Spain, Case #95001503CFC - $200

Darryl Stickels, Case #99003172MM - $200

Wanda Thixadeau, Case #99005794MM - $200

Lydia Vasquez, Case #990015424CJA - $100

Ricardo Enrique Vergara, Case #L91000270CFB - $300

Ricardo Enrique Vergara, Case #92006470MM - $50

D. Approval of Official Minutes dated October 26, 1999.

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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The Board recessed the meeting at 12:05 p.m., reconvening at 1:37 p.m., with all Commissioners, with the exception of Commissioner Van Der Weide who was absent, and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

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Chairman Henley advised of two items continued from the morning session for this afternoon. The Board will hear first the add-on request for approval of economic incentive funds and will probably defer until later the prioritization of major projects in case there are people in attendance who want to speak to the public hearing items.

Bob Turk, Economic Development Director, addressed the Board to state he has been working for over a year with this project. He introduced Tracy Grygiel, Director, EDC of Mid-Florida, who is asking for approval of economic development incentives for Unicell Paper Corporation contingent upon participation by the City of Sanford (which they approved unanimously last night) and authorization for the Chairman to execute the necessary resolution.

Tracy Grygiel addressed the Board to state this is a large paper manufacturing company, and the planned operation date is for January, 2001. She reviewed the project and some of the impacts and benefits to the community. Ms. Grygiel reported she went before the Sanford City Commission last night and they unanimously approved an incentive package totaling $179,160 and she asked the County to match the City’s package.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve economic incentive funds of $179,000 for Unicell Paper Corporation and adoption of appropriate Resolution #99-R-156, as shown on page __________, approving Unicell Paper Corporation as a qualified applicant to participate in the State of Florida’s Qualified Targeted Industry Tax Refund Program.

Under discussion, Commissioner Maloy said he is opposed to corporate welfare. He said he still feels this is using public tax dollars for private gain. He pointed out another item is coming up this afternoon for a tax cut for seniors and there was some concern about taking that much money ($138,000) out of the budget. He said when issues come up about how to fund a tax cut, he hopes there is enough money to do that. Also on the principle of subsidizing growth, he feels the County is growing quick enough through the natural process and he doesn’t see the need to spend tax dollars to bring in more growth.

Commissioner Morris stated he takes issue with Commissioner Maloy that this is corporate welfare. He said this is actually a tax refund. He said this is an opportunity that will generate a payback to the County in approximately four or five months and generate enough revenue in ensuing years that will pay for a tax cut Commissioner Maloy referred to.

Commissioner McLain agreed with Commissioner Morris’ comments. He responded to Commissioner Maloy that yes, the County will grow without the incentives or tax refunds, but is it the type of growth and industry they want for the citizens. He noted that the County is not the only partner in this project and he thinks it is a good one.

Districts 2, 4, and 5 voted AYE.

Commissioner Maloy voted NAY.

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

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from PUD (Planned Unit Development) and R-3 (Multiple Family Dwelling) to PUD (Planned Unit Development); property located east of Alafaya Trail and northeast of Park Road, within the existing Palm Valley Mobile Home Park, SBC Development LLC, received and filed.

Senior Planner, Gary Schindler, addressed the Board to present the request. He advised 29 units are proposed, and these are manufactured housing units. The applicant will come back for a site plan. He stated the proposed net density is 2.59 units per acre. He said staff is recommending that the Board approve the ordinance rezoning the property to PUD, approve the associated preliminary master plan, and approve the Development Order placing staff-requested conditions upon the rezoning and master plan approval.

Commissioner Maloy discussed concerns the Palm Valley residents had regarding density and maintenance for the exit road, Seminole Avenue. Mr. Schindler answered that in Section 8, the density was not to exceed four units per acre. He said a portion of that section which was not originally shown for development is being incorporated into Section 8A and even with 29 new units, the density is 2.59 units per acre. He said even combined in Sections 8 and 8A, the density is still under 4 units per acre.

Current Planning Manager, John Dwyer, addressed the Board to state he does not know if the applicant has made a commitment to maintain Seminole Avenue.

Maurie Chlarveded, representing SBC Development, addressed the Board to state he met earlier with some of the homeowner representatives and think they addressed their concerns. He advised Commissioner Maloy that they had proposed to improve the portion of Park Road that is not a public road and was part of the previous application. He explained that the whole project is to improve the access so that there would be a second paved means of ingress and egress. This road would go to Alafaya Trail.

Mahmoud Najda, Development Review Manager, addressed the Board to state he has not discussed Seminole Avenue at all with the applicant. He said they would prefer to have the road where it terminates as a one-way exit to be maintained by the West Palm Valley Homeowner Association because it is a substandard road. Whereupon, Commissioner Maloy said he was under the impression that Mr. Najda’s staff would meet with the homeowners before the meeting today to inform them about maintaining the road.

Commissioner Morris recommended taking a break at this time for staff to meet with the homeowners and applicant. Chairman Henley recessed the meeting at 1:58 p.m. and reconvened at 2:07 p.m.

Commissioner Maloy reported the agreement would be as a condition of the Development Order that prior to the final master plan approval, the maintenance of the one-way exit road on Seminole Avenue would have to be addressed and satisfied.

Robert G. Anderson, 3926 Breakwater Drive, representing the Palm Valley Homeowners Association, addressed the Board to state they support what the applicant is doing but would like for the record to have some guaranty that Park Road will be paved and that the sewage and water needs are met. He expressed thanks to the SBC Development and Commissioner Maloy.

Commissioner Maloy discussed with Mr. Chlarveded the water and sewer capacity.

Commissioner Morris left the meeting at this time.

Mr. Chlarveded stated their engineers are working on the flow requirements to the new units, and the construction permits would not be issued by the County until they meet code approval.

Commissioner Morris returned to the meeting at this time.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to adopt Ordinance #99-54, as shown on page __________, rezoning to PUD (Planned Unit Development) property located east of Alafaya Trail and northeast of Park Road, within the existing Palm Valley Mobile Home Park; as described in the proof of publication; approve the associated preliminary master plan; and approve Development Order, as shown on page __________, with staff-requested conditions, including the additional commitment that prior to the final master plan approval, maintenance of the exit road on Seminole Avenue will be resolved.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of Stormwater Discharge Ordinance relating to the management of storm sewer system discharges and enhancing the quality of surface and ground water resources.

Mark Flomerfelt, Chief Engineer, and Kim Bannister, Stormwater Engineer, addressed the Board and Ms. Bannister presented the request for adoption of the proposed ordinance.

Commissioner Morris questioned how did staff arrive at the $300 a day fine. Ms. Bannister explained that is the Class 4 citation level of fine. Whereupon, Commissioner Morris stated Altamonte Springs is proposing a $1,000 a day fine and he feels $300 is not significant.

Mr. Flomerfelt stated the $300 is the highest level of fine in the code enforcement section, but this is currently under review for an increase in the fines. Commissioner Morris stated he is not quite confident that the Code has kept up. They seem to constantly be looking at amending the County codes. He stated he doesn’t know if $300 a day is much of a penalty.

County Attorney, Robert McMillan, addressed the Board to state he has a draft of the ordinance being prepared for review and staff is proposing to increase the fines. He said he thought the maximum fine was $500 a day under the State Statute and he doesn’t know how the $1,000 amount was reached.

Chairman Henley stated a violation could have a significant impact in a wide area quickly and he would support Commissioner Morris’ comments.

Commissioner Maloy said the fine could add up pretty quickly at $300 a day.

Chairman Henley suggested a fine as much as $500 a day, and Commissioner Morris said or $1,000 a day.

Commissioner McLain said he agrees with Chairman Henley and Commissioner Morris, and he thinks the Board needs to have the County Attorney bring this back.

Mr. McMillan stated the amount of the fine is not stated in the ordinance, and when staff amends the ordinance that changes the fine, this would be included.

No one else spoke in support in or opposition.

Motion by Commissioner Morris, seconded by Commissioner McLain, to adopt Ordinance #99-55, Stormwater Discharge, as shown on page __________, relating to the management of storm sewer system discharges and enhancing the quality of surface and ground water resources; as described in the proof of publication.

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

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Commissioner Maloy suggested holding off hearing the next scheduled public hearing item until Commissioner Van Der Weide arrives. Whereupon, Chairman Henley said he will defer hearing Item C and move to Item D on the agenda if there are no objections. The Board voiced no objections.

Proof of publication, as shown on page __________, calling for a public hearing to consider Resolution adopting a Budget Amendment Request to rebudget Community Development funds from FY 1998/99 to FY 1999/2000.

Fiscal Services Manager, Cindy Hall, addressed the Board to request approval of the budget amendment for $5,225,006 to be brought forward in this budget year.

Upon inquiry by Commissioner Maloy, County Manager, Kevin Grace, stated he will plan to update the Board on the infrastructure improvements after the first of the new year.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt appropriate Resolution #99-R-147, as shown on page __________, adopting a Budget Amendment Request to rebudget Community Development funds from FY 1998/99 to FY 1999/2000; as described in the proof of publication.

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

Deputy County Attorney, Lonnie Groot, addressed the Board to state he is requesting approval of the proposed compliance agreement which relates to the challenge of the Comprehensive Plan amendment relating to Astor Farms owned by Dan and Rebecca Pelham. He said the proposed settlement was agreed upon by numerous parties. He advised that the development now would only permit 47 units in the Wekiva River Protection area and the overall residential units will be 275. This is approximately 60 less than what was previously committed. Mr. Groot reviewed the high points of the agreement (copy was received and filed) stating the County’s part is relatively simple. He reviewed from pages 10 through 20 the 31 different conditions the developer has agreed to comply with.

Commissioner Morris commended Mr. Groot and Rob Gebaide, Assistant County Attorney, on their performance. He stated he heard from parties on both sides and the Department of Community Affairs on their work in finding this path and keeping everyone on task.

Mr. Groot advised if the Board approves the settlement, the administrative proceeding will be dismissed and three court cases will be resolved.

Keith Schue, 30641 Edgewood Street, Wekiva Issue Chair, Sierra Club, addressed the Board to read his letter of support (received and filed) to the BCC. He also requested a timely notice of any future activities affecting this project.

Commissioner Morris asked the Planning and Development Director and the County Attorney to respond on future notification.

Chairman Henley thanked Mr. Schue for his initiative, and Mr. Schue thanked the Chairman for helping facilitate the agreement.

Allan Keen, 1031 W. Morse Boulevard, addressed the Board to state he thinks everyone feels comfortable with where they are heading. He thanked County staff and the Commissioners, and said he is happy to be a part of this. He said they will live up to their commitments.

No one else spoke in support or in opposition.

Upon inquiry by Commissioner Maloy, Mr. Groot stated the conditions of the agreement will be in the development order, and some of them will be in the covenant and restrictions for the subdivision. He said the conditions would run with the land.

Commissioner McLain stated he was glad to see that the parties got together.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve the Compliance Agreement, as shown on page __________, regarding the Astor Farm Seminole County Plan Amendment.

Commissioner Morris complimented Chairman Henley and Commissioner McLain for their work that made this agreement possible.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of Ordinance granting an additional Homestead Exemption.

Chairman Henley reported he has received word that Commissioner Van Der Weide is unable to be in attendance at the meeting this afternoon.

Mr. McMillan advised the Board the ordinance has to be enacted before December 1, 1999. He stated this is the ordinance the Board asked staff to prepare at the last Board meeting to grant an additional $5,000 homestead exemption for certain seniors. The Board needs to adopt the ordinance by December 1 for it to go into effect by the next tax year.

Gwen Spivey, 2907 W. Woodland Drive, addressed the Board to state she has brothers and sisters who fit into this category with gross income of less that $20,000. She stated when speaking with Property Appraiser, Bill Suber, she was told that statewide 70% of the citizens voted in the affirmative for this exemption, and in Seminole County the affirmative vote was at 69%. She asked the Commissioners to think about the exemption amount, which could be up to $25,000. She said just $5,000 would hardly give anyone over $25 extra off taxes, and in that category of $20,000 gross income, people need more than that for it to be effective to make a difference. She asked the Board to consider more than the $5,000 exemption.

Commissioner Morris explained that the local option said the local commission could do the additional exemption if it wishes to, and not that they will do it. Also, Mr. Suber has said there are various problems with the actual language that the Legislature adopted; and the Property Appraiser and Tax Collector are trying to correct this during the next legislative session. He said for these reasons, two of the Commissioners voted in opposition at this time and said let’s reform the law and get it right and the Board can look at this next year.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve adoption of Ordinance granting an additional homestead exemption of $5,000 to certain senior citizens as specified.

Under discussion, Commissioner Maloy said he doesn’t see a problem with the request and he will vote in favor of the motion.

Upon inquiry by Commissioner Morris, Ms. Hall explained how she used estimates provided by Mr. Suber to arrive at the impact amount of $105,000.

Chairman Henley stated he did not support this for some of the reasons Commissioner Morris indicated. He said the Board has already reduced taxes and he did not feel this would make a significant impact to the citizens. Also, the Board had already contributed over $280,000 to Better Living for Seniors which far exceeds this amount.

Commissioner Morris added that maybe next year, they can see a cleaner bill. However, Commissioner McLain asked the Board not to delay until next year.

Districts 1 and 5 voted AYE.

Commissioners Morris and Henley voted NAY; whereupon, the motion failed for the lack of a majority vote.

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Chairman Henley recessed the meeting at 3:08 p.m. and reconvened at 3:15 p.m.

Ms. Hall presented in a slide presentation (copies provided in the staff report) a list of major projects and funding alternatives for Board direction regarding prioritization. She discussed the Goals, Financial Position of the General Fund, Minor Capital Improvement projects and the General Fund Balances for five years 1999/2000 through 2004/05. She discussed the deficit in the General Fund of $2.9 million (that would be reduced to $2.3 million without the additional senior citizens exemption). Ms. Hall also discussed the Transportation Trust Fund.

Commissioner Morris questioned if the Board goes to the voters with some type of sales tax program would that be instantaneous.

Pam Hastings, Administrative Manager, addressed the Board to state there would be a minimum 90-day delay in revenue collection if a program was approved in September 2,000 or September 2,001. Commissioner McLain asked to get an exact answer on the delay of time.

Upon inquiry by Commissioner Maloy, County Engineer Jerry McCollum addressed the Board to state any funds left could be used for anything within the Sales Tax Program. He advised Chairman Henley that the County’s obligations to the cities would not change. He said he is not aware of any surplus money they will have. He stated there had been some talk with the City of Oviedo to do a small section of road for $90,000 and that could be worked out.

Ms. Hall continued that the deficit shown in the Transportation Trust Fund is due to the Road Paving Program. Ms. Hall discussed the Core Government Operations for Jail Expansion, Public Works/Environmental Services Complex, CSB/Libraries/Jail, Upgrade of Telephone System, and Upgrade of 800mHz System.

Commissioner Morris advised he had urged the Reflections Building owners to contact Ms. Coto about a new lease agreement at the Reflections building. He suggested that the County staff contact them.

Commissioner Morris questioned if the upgrade figure for the 800Mhz system includes a contribution from the City partners.

Greg Holcomb, Telecommunications, addressed the Board to state that currently there are no revenues built into this upgrade. It was strictly County dollars with no revenue from the cities. He said that is something staff is reviewing.

Commissioner Morris said the 800mHz system consistently comes up. The County shares it with half the population of the County and yet the County takes the revenue to pay for it. He said if the system is in partnership, then they have to get in partnership to share the costs.

Mr. Grace said he thinks they can approach the cities and ask them to contribute, but it has not been the Board’s policy in the past to do that.

During discussion of the number of beds for the jail, Commissioner McLain asked the Board to keep in mind that with any expansion of the Courthouse, a sally port and jail space to house 50 to 100 people will be needed. He said why not attach a new pod to the jail as part of the expansion so that when people come in and can’t be bailed out, they can stay there. He said this concept needs to be evaluated in the study.

Commissioner McLain said he thinks the order of the Core Government Operations items is good but the 800mHz system needs to go above the telephone system.

Ms. Croteau responded to the inquiry by Chairman Henley regarding the CSB/Libraries/Jail needs for HVAC, generator and plumbing. She stated the air conditioning is critical for the jail and County Services Building and will be critical for the Library in Year 2003.

The Board continued their discussion on how to prioritize the projects. Commissioner Morris stated the jail expansion is a delay as the Board needs more information, and the Public Works issue will come back because the Board needs to see a lease versus build situation. He said they could prioritize the other two items.

Commissioner McLain said he thinks the County Services Building project should be first to keep that going. Commissioner Morris said to move the County Services Building and Jail up on this list of the Core Operations group.

Commissioner McLain reminded everyone they don’t have a full Board so they are not getting input from everyone. Also, he said he needs to leave the meeting early and has a couple of pressing things to get handled beforehand.

Chairman Henley stated it is clear the priorities in the Core group would be the County Services Building and Jail for the HVAC, generator and plumbing.

Ms. Hall discussed the Community Programs.

Mr. Grace gave an update on the Winter Miles Park. He said the acquisition cost is approximately $2 million. If the County partners this with the City, the County’s share would be $1 million. He said the cost to develop this as a community park would be $2 million to $3 million. He asked for Board direction on this.

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Chairman Henley left the order of the agenda for Commissioner McLain to make his report to the Board.

Commissioner McLain asked Mr. Grace to present the item on the 17-92 CRA. Mr. Grace referred to his memorandum (copy received and filed) to the BCC regarding request for the deferment of impact fees until a Certificate of Occupancy was considered for the Albertson’s supermarket at the corner of 17-92 and Lake Mary Boulevard. Commissioner McLain said he asked the Redevelopment Planning Agency (RPA) to look at the deferment of fees and not only for this project. He said he and the RPA would like to see the BCC review the County Ordinance and give the redevelopment in the CRA and the business community the same opportunities given to affordable housing which is to delay impact fees until the Certificate of Occupancy.

Motion by Commissioner McLain, seconded by Commissioner Morris, to continue the payment of impact fees for the Albertson’s development in the CRA for six months or until the Certificate of Occupancy whichever is first; and at the end, come back and with a proposed amendment deal with impact fees in the CRA’s and other developments.

Under discussion, Chairman Henley said the Board could grant six months and, in the mean time, look at a code amendment.

Commissioner Maloy said he thinks the County should treat all businesses the same and they should look at this countywide.

Commissioner Morris said the issue is to have the incentive at areas they would like it to go and incentives on 17-92 is pretty important.

Chairman Henley stated the intent is that this would be for any CRA within Seminole County. Commissioner McLain said he would support saying any CRA within the County. He said the Board can decide to grant six months or at C.O., whichever comes first, and instruct staff to come back with a proposed amendment dealing with a longer range of time for CRA’s and look at the possibility of businesses community-wide.

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

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Motion by Commissioner McLain, seconded by Commissioner Morris, to reappoint Tom Ball to the Sanford CRA.

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

Upon inquiry by Commissioner McLain, Mr. Grace stated he doesn’t believe the Oviedo City Council has voted on the Winter Miles Park.

Commissioner Morris said he supports the joint purchase of the Winter Miles Park but he proposes this becoming an Oviedo Park and that the City of Oviedo would develop it. He said the County can have certain conditions tied to the purchase but the issue is the park is in the City of Oviedo and the County doesn’t need to be operating parks inside the City limits.

Mr. Grace advised he doesn’t know where the $1 million would come from.

Commissioner Maloy said if the Board is going to spend $1 million, they could get a lot more done improving parks in closer proximity throughout the County. He thinks that was the previous direction. Discussion ensued.

Commissioner McLain stated this does not mean they must come up with the money all at one time, but they could fund it over a period of time.

Commissioner Morris pointed out they are just prioritizing now. He suggested they could say to the City of Oviedo that the County does not have the money and is not committing anything, but the City can purchase and develop the park if they wish. He said that now the County has the opportunity for a full partnership and that changes the equation.

Commissioner McLain suggested allowing Mr. Grace to come back and tell the Board what the City of Oviedo has to say.

Chairman Henley stated he has no objections to telling the City their options and suggesting also that they handle the acquisition on their own, because he is more for neighborhood parks.

Commissioner Morris stated the neighborhood parks concept is in the front of any regional park. He is saying they ought to explore this and at least put on the Record as to what they might be able to do. Commissioner McLain stated that is all he is expecting.

Commissioner McLain left the meeting at this time.

Upon inquiry by Commissioner Morris, Ms. Hall said none of the Community Programs are funded. He said the $50 million for the Trails Program does not take into account any City contributions or grants. He said the number could be significantly lower than this. Further, he said a consideration would be to go back to the voters and ask for an extension of full funding of the Natural Lands Program and convert that over to the trails and maintenance program. Commissioner Morris said he thinks they need a dedicated funding source. Discussion ensued with Chairman Henley.

Commissioner Maloy suggested continuing this discussion to another day as only three board members were present, and he said they were getting into some big issues with still a lot more of the agenda to go.

Mr. Grace said it might be better to bring back the discussions in a series of work sessions and break it down a little at a time, if that is the wish of the Board.

Commissioner Maloy suggested asking the Program Review Committee to put some guidelines and data together on funding solutions. When they sit down to prioritize, they will have some process on where to put a limit on new priorities of things that come up out "of the blue." He said they probably need to have full Board hearings and break this up into segments. Discussion continued.

Commissioner Morris requested to hear a formal presentation from the Historical Commission and have them explain what their plan is for the Museum. Whereupon, Chairman Henley agreed.

Mr. Grace stated staff will bring back a presentation to the Board.

Ms. Hall advised that if a sales tax referendum was approved in September, 2001, it could be implemented January 1, 2002.

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

Chairman Henley stated he had a conversation with the County Manager on concerns he has about how they are operating, particularly with rezoning issues. The Board seems to be constantly putting things off or the applicant continues wanting things continued. They are winding up with staff taking a position on things before there is public input. He suggested relooking at the whole process to come up with ways to change it entirely or rework it. He asked the County Manager to look at some things they can do and come back with suggestions that perhaps the Board may want to consider so they can do a little better.

Mr. Grace said he would like to target some time in the first half of next year and report back to the Board.

Chairman Henley asked if any Board members had ideas for them to spend some time with the County Manager sharing those.

Commissioner Maloy stated he received a phone call that the School Board rejected the offer to pay 1/3 of the CR 419 sidewalk cost. He said he doesn’t understand why there was opposition to that; he thought they had a spirit of cooperation.

Motion by Commissioner Maloy, seconded by Commissioner Morris, for the County to split with the City of Oviedo half the difference of the amount of money the School Board rejected, for a total up to $20,000, as an option to go ahead and take care of the sidewalk problem on CR 419 (Jackson Heights Middle School).

Under discussion, Mr. Grace said he thinks this is a fair approach.

Chairman Henley stated he realizes that the School Board’s position is that they are not in the sidewalk business.

Districts 1, 2, and 4 voted AYE.

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Commissioner Henley said he has been getting some calls from people interested in safety in his district (North Street), and he, staff, and the County Manager are looking diligently into that. Also, there have been complaints about garbage trucks coming by 4:30 a.m. in the mornings, however, that has been resolved.

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Commissioner Henley reported that speed humps are being rebuilt on Derbyshire and Eastbrook because they have been worn down and were no longer effective.

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Commissioner Henley stated the neighborhood is trying to come together, including Orange County, to try to make a recommendation to the Board regarding the Howell Branch Road wall. He said the wall design has been completed, and this is not a subdivision wall but belongs to the property owners.

Commissioner Morris stated he will make sure each Board member receives an invitation to the annual Holiday party for the Port Authority.

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Commissioner Maloy said the last meeting of the Wastewater Transmission Authority was cancelled and the next Lynx meeting will be December 2. He said CSX agreements for light rail are being worked out.

Mr. Grace reported that he and the County Attorney attended the Association of Counties legislative meeting. A number of major legislative items are coming, including growth management to revamp the Growth Management Act. He said there will also be other issues. There will be a number of assaults on revenue sharing. Staff is scheduling a legislative update with the Board at the next meeting with Mr. Brantley.

Commissioner Morris said staff needs to pay attention to the Internet tax. He said it looks like Congress is going to extend a moratorium on this for the next three years to figure out what is going on. He said, however, there are a couple of other items in the next legislative agenda that the Board may not want to support.

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The Board, thereupon, recessed at 5:00 p.m., reconvening at 7:00 p.m., with only the County Attorney Robert McMillan, Current Planning Manager John Dwyer, and Deputy Clerk Carylon Cohen, in attendance.

Continuation of a public hearing from November 9, 1999, to consider rezoning from C-1 (Retail Commercial) to PUD (Planned Unit Development); property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and Econ River Place, Brossier Company.

Mr. McMillan noted for the Record that no Commissioner was in attendance and therefore, there was not a quorum. He said pursuant to the authority granted to him by Resolution of the Board, in the absence of a quorum, he has the authority to call the meeting to order for the sole purpose that items to be heard are to be continued. He stated the only item tonight is a rezoning request from C-2 to PUD, Brossier Company, Applicant. Mr. McMillan announced that this item will be continued and heard the evening of December 15, 1999, at 7:00 p.m., or as soon thereafter as possible.

Upon inquiry by Mr. McMillan, Mr. Dwyer said there were no other items to be heard tonight.

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There being no further business to come before the Board, the County Attorney, Robert McMillan, declared the meeting adjourned at 7:01 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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