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 Sandy McCann

Pastor Lester Ike, Community Methodist Church of Casselberry, gave the Invocation.

Commissioner McLain led the Pledge of Allegiance.

The Board, thereupon, recessed at 9:37 a.m. for the U.S. Highway 17-92 Community Redevelopment Agency meeting, reconvening at 9:41 a.m.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-157, as shown on page _______, in support of the Youth Apprenticeship Program for Vertical Construction.

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

The Resolution was presented to Bob Falatica of the Seminole County School Board, who expressed his appreciation for same.

Mayor Larry Dale, City of Sanford, addressed the Board to introduce Victor White, Executive Director of the Orlando Sanford Airport and Larry Gopher, TBI.

Victor White addressed the Board to give an update on some of the things that are happening at the airport. He said the airport has been receiving a lot of focus worldwide. A couple of months ago Pan Am started its first service. He displayed an architect rendering of the new domestic terminal and discussed same with the Board. He advised the terminal is about a $25 million project and will have seven gates with a dual use ability (domestic & international). He stated the Orlando Sanford Airport is the third busiest international airport in the State of Florida and last year it was the fastest growing airport. He displayed a drawing of what the terminal will look like inside, explaining it will have an 8,000 square foot dining, beverage, gift and retail shopping area.

Mr. White advised the terminal will be built with no debt. He said they have raised grant funds and loans from the State as well as put together a public/private partnership with TBI, a subsidiary of a British corporation. He said TBI will have a 30-year lease to run the domestic terminal in exchange for contributing $7 million up front and an additional $2.5 million over the next five years. He said not only will this raise funds they need to build the terminal without incurring debt, but allows them to avoid future maintenance costs as well.

Larry Gopher, TBI, addressed the Board to advise TBI can either own or manage airports. He said they own three in the United Kingdom and operate 33 worldwide. Currently they are third in the world in terms of their size, but would like to be number one. He said they are excited about the Sanford project because it is a pioneering one. He said this will be a catalyst for economic development and tourism.

Commissioner Van Der Weide stated he certainly supports this and appreciates what TBI is doing. He added he believes the airport has a great future.

Commissioner Morris questioned if TBI is interested in the freight carrier business side of things.

Mr. Gopher stated he believes there is a tremendous market for cargo business and it is something they are very interested in pursuing at the airport.

Chairman Henley advised the Board needs to discuss the situation about a couple of public hearing items scheduled for this afternoon and this evening.

Current Planning Manager, John Dwyer, addressed the Board to advise that one of the proofs of publication for the Emmer rezoning (scheduled for this evening's meeting) published the time of hearing as 1:30 p.m., instead of 7:00 p.m.

County Manager, Kevin Grace, stated he believes the Board can address this at the 1:30 p.m. meeting, continuing it until the 7:00 p.m. meeting.

Mr. Dwyer also stated staff is asking that the item be continued until tomorrow night; however, the applicant wants it to be heard tonight. He further advised that the applicant for the Brossier Company rezoning scheduled for December 15 is asking for a continuance until January 11, 2000.

Commissioner Morris expressed his concern with the number of advertising errors occurring. Whereupon, Mr. Grace stated he will deal with the problem.

Commissioner Morris also expressed his concern with the agenda for this evening and tomorrow evening, stating it looks like this evening is overloaded, where tomorrow should be a short night. He said he doesn't understand how this happened.

Commissioner Maloy stated he sees the Brossier continuance as a positive so that the applicant can meet with the Sheriff's planner and the neighborhood.

The Board, by consensus, agreed that the Brossier public hearing would be continued until January 11, 2000; and directed staff to notify the neighborhood of same.

The Board, by consensus, agreed to correct the time of the Emmer hearing during the 1:30 p.m. meeting, and hear the item at 7:00 p.m., this same date.

Commissioner Maloy stated he agrees with Commissioner Morris with regard to the agenda, and suggested continuing some of the items scheduled for tonight until tomorrow night.

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

DCM, Cindy Coto, addressed the Board to review Memorandum dated December 14, 1999 concerning the Seminole County Year 2000 Legislative Program (copy received & filed).

Commissioner Morris suggested renaming the Cross Seminole Trail to the Cross Florida Trail, since this is a State project. Whereupon, Legislative Lobbyist, Bobby Brantley, agreed with the name change.

Commissioner Morris expressed his concern that he just received this memo this morning and had no time to review it. He stated he did not think the Board took action on the Local Tax-Free Holiday in August.

Chairman Henley stated he remembered some discussion, but does not know that the Board took any official vote on it.

Mr. Grace stated it was staff's interpretation that the issue should be added to the legislative agenda, and so it was added.

Mr. Brantley stated it was his understanding that he was to assess the situation to see if there was any support on the issue or not; but was not to seek a sponsorship for it. He said there are a lot of complications at the State level with regard to how a local tax-free holiday would be handled.

Commissioner Maloy stated this is a complicated way to go about giving a temporary tax reduction. He suggested a better way would be to reduce the utility tax.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to remove the Local Tax-Free Holiday from the Legislative Agenda.

Districts 1, 2, 3 and 4 voted AYE.

Commissioner McLain voted NAY.

Commissioner Van Der Weide left the meeting at this time.

Discussion ensued with regard to the School Sidewalks issue.

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

Commissioner McLain stated there has been an effort by the community to work with the Legislative Delegation to develop a strategy for removing the proposed four lanes from SR 46. He said he would like to see the Board add that issue so that Mr. Brantley can meet with Senator Cowin and Representative Bainter to determine what their opinions are on it.

Commissioner Morris stated SR 46 is the only western connection to Lake County. Therefore, he said he would not support Commissioner McLain's proposal. Discussion ensued.

Commissioner McLain clarified all he is asking is for Mr. Brantley to get in touch with the Delegation to find out what is going on and for him to report back to the Board with the various options. He said he is willing to hear more about the proposal and, hopefully, see if the road can be retained as a two-laned road.

Chairman Henley stated he believes the Board needs to be reminded that the County is part of a regional road planning network, which is called MetroPlan. MetroPlan, along with FDOT, is charged with the responsibility of planning the road routes.

Upon inquiry by the Chairman, no one voiced any objections to asking Mr. Brantley to contact the Legislative Delegation to find out what the community's proposal is in keeping SR 46 two lanes. Chairman Henley commented that this is not to be interpreted as the Board supporting or opposing the proposal to keep the road two lanes.

Mr. Brantley stated he received a phone call from the St. Johns River Water Management District (SJRWMD) concerning the area-wide drainage project with adjoining counties, advising the Governor has requested that they address their issues as a basin rather than as individual projects. He said he would like the Board to name the County's designee so that they can start getting involved in the process.

Chairman Henley stated he feels it would be appropriate to instruct the County Manager to set up a team to work with Mr. Brantley and the appropriate county or regional partner to bring this about. The Board, by consensus, voiced no objections to same.

During discussion of the funding for the U.S. Highway 17-92 Drainage Project, Mr. Brantley advised he will be meeting on Thursday with Representative Fuller and the District 5 FDOT representative to discuss this project.

Mr. Brantley advised he has been asked to look at a proposal, whereby, the School Boards would be allowed to replace their discretionary ad valorem revenues with sales tax. He explained the HBA has decided that they like the idea and seem to be the ones who are proposing it. Discussion ensued.

Ms. Coto discussed with the Board the Florida Association of Counties (FAC) initiative to restructure the select State sources of Revenue sharing with counties and municipalities. She stated that the staff is concerned that the "true up" process as part of the County's guaranteed monies is not mentioned in the proposal. Also, staff is concerned that the State can annually change the distribution percentages or the percent of administrative fees. She added staff believes these fees should be locked in, so that they do not get reduced over time. She said staff would like the Board's permission to evaluate this proposal further in order to see what the impacts are to the County.

Commissioner Morris commented that he does not believe there is any tax that is more unfair than the intangible business tax. He said he would support the removal of that tax.

Mr. Grace commented that he would assume the Board would want the staff to protect the County's revenue stream.

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

Support Services

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

Commissioner Morris left the meeting at this time.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize transferring two staff assistant positions from Library & Leisure Services to (1) Planning & Development - Building, and (1) to Administrative Services - Facilities Maintenance; and to authorize the County Manager to effect the necessary Budget Change Request to accomplish these staffing changes.

Under discussion, the Chairman commended Suzy Goldman, Director of Library & Leisure Services for effecting this reallocation.

Districts 1, 3, 4 and 5 voted AYE.

Senior Planner, Gary Schindler, addressed the Board to present the Final PUD Master Plan and Developer's Commitment Agreement for West Palm Valley Drive, Thomas Knickerbocker and Robert & Ann Swantek.

Commissioner McLain left the meeting at this time.

Mr. Schindler advised if the Board finds that the proposed plan complies with the 550' Econlockhatchee River setback line, as established in the Land Development Code, staff recommends approval of the plan and the Developer's Commitment Agreement.

Development Review Manager, Mahmoud Najda, addressed the Board to advise after further review of the Econ code, staff finds that the parcel in question meets Section 30-1087(i) of the zoning regulations, in that it is a parcel of record within the protection zone prior to the effective date of the code. Therefore, 550' setback line does not apply in this case.

Upon inquiry by Chairman Henley, Mr. Schindler advised with this issue being cleared up, staff would recommend approval.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final PUD Master Plan and Developer's Commitment Agreement, as shown on page _______, for West Palm Valley Drive, located on the north side of West Palm Valley Drive, east of Alafaya Trail and northeast of Park Road, Thomas Knickerbocker and Robert & Ann Swantek.

Districts 1, 3 and 4 voted AYE.

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Mr. Schindler presented the Final PCD Site Plan Review and Developer's Commitment Agreement for Lots 4 & 5 of South Park Business Center Subdivision, M&O Limited Partnership and Roger Owen. He stated staff has reviewed the plan and found that they comply with all requirements; therefore, staff would recommend approval.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final PCD Master Plan and Developer's Commitment Agreement, as shown on page ______, for Lots 4 & 5 of South Park Business Center, located on the south side of South Econ Circle, south of Econ River Place and west of Alafaya Trail, M&O Limited Partnership and Roger Owen.

Districts 1, 3 and 4 voted AYE.

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to present the Option Contract for Sale and Purchase of the Lee Property for the Natural Lands Program. She advised this will fill in a gap in the Greenways and Trails System.

Commissioner Morris re-entered the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute Option Contract for Sale and Purchase, as shown on page _______, of the Lee property, described as 115 acres joined on the northern boundary to the Little Big Econ State Forest.

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

Commissioner McLain re-entered the meeting at this time.

Principal Planner, Matt West, addressed the Board to present the Preliminary Subdivision Plan for Estates at Lake Myrtle located on the west side of Lake Emma Road approximately 1/2 mile north of Longwood Hills Road, CHC Development. He advised the applicant is requesting a waiver to the sidewalk requirement for a portion of the one street. That portion will abut a retention pond and staff does not object to the waiver as sidewalks will be provided elsewhere in the subdivision. He stated the applicant is also requesting a reduction of lot depths from 150 feet to 130 feet. He said the developer has offered to construct a six-foot high masonry wall, therefore, staff would have no objections to the lot depth reductions.

District Commissioner Morris questioned if the developer proposes heavy landscaping along the retention pond area. Whereupon, Mr. Cahill addressed the Board to state there will be effective landscaping along that area.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve the Preliminary Subdivision Plan for the Estates at Lake Myrtle located on the west side of Lake Emma Road, approximately 1/2 mile north of Longwood Hills Road, CHC Development; and to grant waiver to the sidewalk requirement and reduction of lot depths, subject to staff recommendations.

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

Mr. Dwyer presented the PCD Final Site Plan and Developer's Commitment Agreement for Bill Heard Chevrolet, located at the northwest quadrant of SR 46 and I-4, and on the east side of the realigned Oregon Avenue. He advised the property consists of approximately 25 acres. Staff has reviewed the proposed plan and agreement and has the following concerns: (1) Proposal to utilize outdoor speaker systems for sound amplification even though they are to be directed toward I-4; and (2) Request to utilize two pole signs that are 20' feet high.

Mr. Dwyer stated the staff feels that the sound amplification could be detrimental to the residential properties to the north and west. He said the applicant has indicated that they are exploring other options. The staff also recommends that the signs not exceed 15' feet in height in order to remain consistent with the SR 46 Corridor Overlay ordinance. Staff has no objection to the proposed amount of square footage for signage and the proposed 50' foot electronic message sign.

Commissioner McLain stated at the AutoNation dealership, they use a local calling system. He said he believes they need to stay within the SR 46 Overlay Ordinance. He explained he asked staff to put this item on the agenda as an add-on because the next meeting is not until January. He expressed his appreciation to staff for their quick response on this item.

Commissioner Morris expressed his concern about the 50-foot electronic message sign and asked how the brightness is regulated. Whereupon, Mr. Dwyer advised the sign must be on for at least five seconds and cannot be pulsating. However, the Code does not address illumination.

Martin Paulitkowski (phonetic), representing the developer, addressed the Board to state he is not a lighting expert and cannot advise the Board on how to regulate the illumination. He said he believes they are willing to work with the County so that the illumination does not become a problem.

District Commissioner McLain stated even though he asked for this to be pushed through quickly because of only one meeting in December, he believes more work needs to be done on the 50-foot sign. He said he would like to move the developer's agreement forward, but would like for the sign to be brought back to the Board after the staff and applicant do more work on it.

Mr. Dwyer stated he can structure the developer's agreement that the 50-foot sign is required to come back to the Board for site plan approval prior to the issuance of a permit.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Final PCD Site Plan and Developer's Commitment Agreement, as shown on page ________, as amended, for Bill Heard Chevrolet, with staff recommendations concerning the outdoor amplification system and the 15-foot signs, with the stipulation that the 50-foot sign will come back to the Board for site plan approval and design at a later date; and to accept Amended Easement Grant for the purpose of maintaining, repairing and replacing underground sewer and water facilities.

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

Al Hill and John Blackwood addressed the Board to give a very brief status report on Y2K. Briefing Document was received and filed.

Commissioner Morris suggested updating the citizens on New Year's Eve by SGTV.

Commissioner McLain left the meeting at this time.

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

Districts 1, 2, 3 and 4 voted AYE.

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The Board noted, for information only, the following Clerk's "received & filed":

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

Districts 1, 2, 3 and 4 voted AYE.

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The Board, thereupon, recessed at 11:50 a.m., reconvening at 1:35 p.m., with all Commissioners (with Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to authorize the filing of the proofs of publication for this evening's scheduled public hearings.

Chairman Henley advised the Board that as of this time, staff has not received the proof of publication for Item 3 (c).

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

Request to rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Avenue ROW, east of SR 434 (Alafaya Trail), and north of Orange/Seminole County Line, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle.

Chairman Henley stated the Board was to take up the request by Mr. Emmer to have this request heard. He noted that there was a glitch in the advertisement and the recommendation was that this request be heard tonight rather than this afternoon.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to continue to 7:00 p.m. tonight, or as soon thereafter as possible, the public hearing to consider request to rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Avenue ROW, east of SR 434 (Alafaya Trail), and north of Orange/Seminole County Line; as described in the proof of publication, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle.

Commissioner Morris entered the meeting at this time.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider request for approval of proposed compliance agreement regarding Heathrow Land Company, Ltd., Seminole County Comprehensive Plan Amendment, received and filed.

Deputy County Attorney, Lonnie Groot, addressed the Board to present the request. He stated this was a 15-acre addition to the Heathrow DRI. The Heathrow Land Company was the only intervenor in this case. He said the settlement was relatively easy because the Department of Community Affairs filed the case just to maintain a legal consistency relative to its position within the Wekiva River Protection Area. He advised the developer agreed to a 15' landscape buffer with an agreed upon landscaping plan and that area is to be conveyed by a conservation easement to the County.

Attorney Janet Courtney, Lowndes, Drosdick, Doster, Kantor and Reed, representing Heathrow, addressed the Board to state this is actually referred to as a stipulated settlement agreement rather than a compliance agreement. She said this plan amendment was found to be in compliance by the County and sent to DCA, and it is in compliance now. She noted there is nothing they are doing to bring things into compliance. She related that although others had argued that five of the 15 acres contained native vegetation and the overall site was important in terms of its impact upon natural resources and habitat, the DCA members observed for themselves that over 10 acres had already been cleared and used for a horse pasture. They submitted an arbor report showing that the five acres were not native vegetation. She stated they are in support of the settlement agreement.

No one else spoke in support or in opposition.

The Speaker Request Form for Attorney Courtney was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve proposed Compliance Agreement, as shown on page __________, regarding Heathrow Land Company, Ltd., Seminole County Comprehensive Plan Amendment.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider request for approval of proposed compliance agreement regarding CFG Real Estate Group, Inc., Seminole County Comprehensive Plan Amendment, received and filed.

Mr. Groot stated negotiations have been going on for a long time with the developer, Department of Community Affairs, the local Sierra Club, the local Audubon Society, the Friends of Wekiva, and the statewide Audubon Society. He said there are still some fine-tuning type details going on with the negotiations as a result of some late comers, the Florida Department of Environmental Protection and the 1,000 Friends of Florida, becoming involved within the last few days. He said staff would like to have this matter continued to the 7:00 p.m. meeting. Mr. Groot said he has every expectation that everything will be resolved by 7:00 p.m. this evening.

No one spoke in support or in opposition to the continuance.

Motion by Commissioner McLain, seconded by Commissioner Morris, to continue to 7:00 p.m., or as soon thereafter as possible this same date, request for approval of proposed compliance agreement regarding CFG Real Estate Group, Inc., Seminole County Comprehensive Plan Amendment; as described in the proof of publication.

Upon inquiry by Commissioner Morris, Mr. Groot stated he heard from the 1,000 Friends of Florida for the first time after 8:00 a.m. this morning.

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

Staff advised Chairman Henley that the proof of publication for this hearing has now been received.

Proof of publication, as shown on page __________, calling for a public hearing to consider approval of Budget Amendment Resolution ($193,966,177) to reestablish the budgets for previously approved capital projects and other specific items; and authorize Chairman to execute the Resolution, received and filed.

Fiscal Services Director, Cindy Hall, addressed the Board to state this Budget Resolution represents prior-year projects or items that were either encumbered or purchase orders issued, or included CIP projects prior to October 1, 1999.

No one spoke in support or in opposition.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider request to rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling); property located on the west side of E. Lake Brantley Road between Wekiva Springs Road and State Road 434, Robert and Susan Whitson and James and Ann Buddendorf, received and filed.

Senior Planner, Gary Schindler, addressed the Board to state staff has reviewed this item and is recommending the rezoning. He said the rezoning is requested in order that the property may be divided and a second dwelling may be built on the property. He stated the R-1AA zoning is necessary to get the lot width.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt Ordinance #99-67, as shown on page __________, rezoning property located on the west wide of E. Lake Brantley Road between Wekiva Springs Road and State Road 434; as described in the proof of publication, Robert and Susan Whitson and James and Ann Buddendorf.

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

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

Commissioner Henley recommended reappointment of Richard Harris as the District 4 rotating appointment to the Planning and Zoning Board.

Motion by Commissioner McLain, seconded by Commissioner Morris, to reappoint Richard Harris to the Planning and Zoning Board as the District 4 rotating appointment for a term ending January, 2004.

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

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Chairman Henley advised he asked Jack Wert, Tourism Director, to bring forth some recommendations for filling vacancies on the Tourist Development Council. He referred to Mr. Wert's memorandum (received and filed) giving recommendations. Chairman Henley stated CALNO has recommended that Cindy Gennell be reappointed to the Elected Official seat.

Commissioner Van Der Weide recommended Linda Marshall. He suggested expanding this Board and have the County Manager and a couple of at-large seats represented. He asked the County Manager and Mr. Wert to give this some thought and report back to the Board. Discussion ensued.

Chairman Henley stated at times, the Council has had some problems making sure there was a quorum.

Commissioner Morris discussed with Mr. Wert the non-hotel seat on the Council and stated the Courtyard Hotel is currently represented on the Council.

Commissioner Morris recommended Walter Padgett to serve on the Council.

Motion by Commissioner McLain, seconded by Commissioner Morris, to reappoint Cindy Gennell to the Tourist Development Council.

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

Commissioner Morris nominated Bill Beuret, representing Maison-Jardin Restaurant, to fill the vacancy for the non-hotel seat on the Tourist Development Council. No other nominations were made.

The Board, by a unanimous consensus, appointed Bill Beuret, representing Maison-Jardin Restaurant, to the Tourist Development Council.

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

Mr. Wert advised the Board that by statute, the Tourist Development Council has nine members, and he thinks a statutory change would be needed to add at-large seats.

Chairman Henley and Commissioner McLain concurred with Commissioner Van Der Weide to have Mr. Wert look into adding to the membership for more flexibility on the Council and to avoid problems with having a quorum.

Commissioner McLain stated a citizen asked why not post notices for hearings on the Internet so that people, wherever they may live in the County, can see what public hearings are being posted for the Board to hear.

Commissioner Van Der Weide stated he supports this 100%.

Chairman Henley said this is a good idea and staff might also want to post this information on Government TV.

Mr. Grace said he thinks staff can do this. Commissioner Morris concurred with the idea for postings on the Internet and Government TV.

Commissioner Maloy said he thought the agendas for the different Boards were going to be put on the Internet in the future also. Whereupon, Deputy County Manager Cindy Coto advised that will begin in January, 2000.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to appoint George Noga to the Program Review Committee; and adopt appropriate Resolution #99-R-163, as shown on page __________, of appreciation to Paul Lovestrand.

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

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Commissioner Morris said some members of the Program Review Committee have communicated that there seems to be a lot of discussion and lack of direction by the PRC. He said Commissioner Maloy tried to give some direction. He thinks the Committee was headed in the right direction one time, but there is a lack of understanding about what the Board is saying to the Committee. He said it might not be a bad time to consider a joint meeting with the PRC to discuss what their mission is. He recommended having a joint meeting or that the Board have a workshop themselves.

Chairman Henley said he thinks it is important for any committee that the Board of County Commissioners take the time to properly charge the committee. He said the charge to the Committee should be in writing so there is no misunderstanding on the Committee's or the Board's part. Discussion continued.

Deputy County Manager Cindy Coto stated the Program Review Committee members are confused. The staff liaison attempted to work with them and provided information. The Committee received Commissioner Maloy's memorandum and they were concerned if that was the feeling of the Board of County Commissioners or the individual Commissioner. She thinks for the Committee to be successful, they need clear direction and she is not sure all of the members have the same thoughts in mind with respect to what their goal is. She explained to Chairman Henley how staff prepared an orientation package for the members. Discussion continued.

Chairman Henley stated if the Board is willing, he would like to move with Ms. Coto and Mr. Grace to develop a process they hope the Committee can handle or look into a process for the Board to adopt. Commissioner Morris stated he thinks that is a fine idea.

Ms. Coto stated she would be happy to contact the PRC Committee Chairman.

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Commissioner Morris advised Better Living for Seniors of Seminole County has presented to the County Commission the Philanthropic Wizardry Award for 1999.

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Commissioner Morris stated the Board created the Bicycle Advisory Committee on Safety a few months back and he made his appointments, but no one else has been appointed. He asked the Commissioners to make their appointments. He said this is a valuable committee.

Commissioner Maloy reported on Lynx that there was some discussion about calls to reorganize the Board. He said he spoke to Frankie Callan, who said there are no plans to reorganize the Board.

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Chairman Henley gave highlights (copies received and filed) of the last Metroplan Board meeting and their workshop retreat. He said he prepared a copy of the legislative program from Metroplan for the Board's information. Commissioner McLain asked about the latest on regional transportation.

Chairman Henley advised the funding to restudy the natural alignment never happened. He said he thinks the demonstration project on CSX is viable and perhaps affordable, and he doesn't think it is going away; but he doubts if anything much is going to be done until after March. Commissioner Van Der Weide concurred.

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Chairman Henley advised there was a proposal for the disadvantaged transportation to add $1.00 to $1.50 to the license in order to give more money for transportation for the disabled. The Metroplan Board took the position they were in favor of providing more money but were opposed to increasing the tax on the licenses.

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The Board recessed at 2:40 p.m., reconvening at 7:04 p.m., this same date with all Officials, with Commissioner Van Der Weide being late, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Chairman Henley advised that the 1:30 p.m. Public Hearing Item #A.3.b., Department of Community Affairs v. Seminole County, regarding CFG Real Estate Group will be heard this evening between Items 6A and 6B.

Proofs of publication, as shown on page ________, calling for a public hearing to consider enacting an Ordinance to establish the Springs Landing Street Lighting Construction Municipal Services Benefit Unit and estimated assessments, received and filed.

Jennifer Bero, Street Lighting Specialist, addressed the Board to advise the total estimated up-front cost is $30,284.56. The estimated annual assessment per property owner is $104.34 per year over a 2-year period. She stated if paid up front, the estimated cost is $186.94.

Commissioner Van Der Weide entered the meeting at 7:08 p.m.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #99-69, as shown on page __________, establishing the Springs Landing Street Lighting Construction Municipal Services Benefit Unit and estimated assessments, as described in the proof of publication.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider an Ordinance establishing the Coach Light Estates Street Lighting Construction MSBU and estimated assessments, received and filed.

Ms. Bero advised the total estimated up-front cost is $15,997.98 and the estimated annual assessment per property owner is $189.97 per year over a 2-year period. She stated the estimated cost for each property is $340.38 if paid in full up front.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #99-56, as shown on page __________, establishing the Coach Light Estates Street Lighting Construction MSBU and estimated assessments, as described in the proof of publication.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider an Ordinance amending the Consolidated Street Lighting District Ordinance #98-57 adopted December 8, 1998, received and filed.

Ms. Bero stated the proposed ordinance includes the following three districts: Lake of the Woods, Lakehurst and Cameron Grove. This amendment will include an upgrade for the existing district. She stated service for the new street lighting districts will become effective October 1, 2000.

Upon inquiry by Commissioner Maloy, Ms. Bero advised the three districts went through the petition process. She stated Lake of the Woods was requested by the homeowners association and the other two were owned by the developer. Therefore, the petition process applied only to Lake of the Woods and that required a 55% approval, which was obtained.

William Gildart, 2205 Winnebago Trail, addressed the Board to state he and his wife own a small condo at the Ashwood Condominium Complex and have rented it out for one person occupancy. He stated he would like to keep this neighborhood as untraveled and quiet as possible and he doesn't want to encourage traffic off of 17-92. He said he is not in favor of adding new lighting arrangements, which will help others and hurt his neighborhood. If the Lake of the Woods residents want more lights bordering their property, then they should pay for them.

Upon inquiry by Chairman Henley, Ms. Bero advised the lights that Mr. Gildart spoke of are within the condominium complex and they are not street lights. The proposed light district will come from 17-92 to Oxford Street. She stated the assessment is $5.23 per unit.

Elma Heischman, 1000 Lake of the Woods. Blvd., addressed the Board to submit a map (received and filed) of the Lake of the Woods area. She advised the small highlighted area on the map is the Ashwood Condominiums compared to the entire Lake of the Woods Street indicated in red. From 17-92 to Oxford Road it is 1/2 mile and there is a street light at Oxford and Lake of the Woods Blvd. She said there are a total of 19 lights surrounding her property and all of the streets are barely within her property line. She stated she doesn't feel that she should have to pay for more street lighting when they already have lights for their streets and driveways. The school is located at the Oxford end of the Lake of the Woods buffer and it is well lit. There is a nursery school next to the school and there is a lot of traffic coming and going at all times during the day. She added she would suggest placing a sign at Oxford and 17-92 that says "no turn on red" and that should slow the traffic down. Since this area is a school district, a signal should be installed indicating that the speed limit is 10 mph.

Audrey Smith, 307 Dayberry Way, addressed the Board to state she is the President of the Lake of the Woods Homeowners Association. She stated there have been numerous nighttime accidents in the past year and these accidents have resulted in replacing entrance signs, benches, bushes, etc. Lake of the Woods is a shortcut for traffic avoiding the intersection of 17-92 and 436 and sooner or later a tragedy will occur. She added street lighting would discourage crime and she would urge the Board to approve the street lighting request.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Morris to adopt Ordinance #99-57, as shown on page _________, amending the Consolidated Street Lighting District Ordinance #98-57 adopted December 8, 1998, as described in the proof of publication.

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

Discussion ensued between the Board relative to the petition process and the results of it.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Commissioner Morris left the meeting at this time.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider a Resolution adopting the Uniform Method of Collection for Non-ad Valorem Assessments pursuant to Florida Statutes, Section 197.3632, received and filed.

Gail Bigelow, Analyst, addressed the Board to present the request as outlined in the agenda memorandum.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Resolution #99-R-164, as shown on page _________, adopting the Uniform Method of Collection for Non-ad Valorem Assessments pursuant to Florida Statutes, Section 197.3632, as described in the proof of publication.

Districts 1, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Ave. ROW, east of SR 434 (Alafaya Trail), and north of the Orange/Seminole County Line, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle, received and filed.

Gary Schindler, Senior Planner, addressed the Board to present request as outlined in the agenda memorandum.

Commissioner Morris reentered the meeting at this time.

Mr. Schindler stated when the property on the west side of Seminole Avenue was approved, there was a condition in the development order indicating that the overflow parking would be reflected on the east side. The applicant has agreed to 1.25 parking spaces per bedroom, however, he has asked that 57 parking spaces for the east and west side be deferred until they are needed. He stated staff doesn't have a problem with this as long as there is a mechanism to determine if they are needed or some form of fiscal assurance ensuring that they would be built if needed. He added that Mr. Hal Kantor has submitted a revised development order and staff has reviewed the language and has no problem with this. He also referred to a December 13 memorandum (received and filed) relative to Dr. Randy Atlas' letter regarding CPTED comments and recommendations. He stated staff has reviewed these comments and has not seen anything that would cause undue concern and has not received a response from Mr. Emmer as to how they plan to revise their development. However, they are in a preliminary phase and there will be a master plan phase and a response could come at that time.

Upon inquiry by Commissioner Maloy, Mr. Schindler advised Mr. Emmer and Mr. Fradkin have signed a letter indicating that they have agreed as to who will construct a portion of Seminole Avenue and the one-way exit road.

Upon further inquiry by Commissioner Maloy, Mr. Schindler advised Dr. Atlas did not have the plans for the east property and his comments were based on his review of the west site. He stated the comments on the west site are just as applicable as the east site.

Attorney Hal Kantor, Lowndes Drosdick Doster Kantor and Reed, addressed the Board to state the information derived through the Sheriff's Office is something he will deal with during the master plan stage. He stated he agrees with staff recommendations and would like an opportunity to respond to any issues.

Upon inquiry by Commissioner Maloy, Phillip Emmer, applicant, addressed the Board to advise he believes they will begin construction of the road around the end of January.

Upon inquiry by Commissioner Morris, Attorney Kantor advised he will work out the policy-driven aspects relative to CPTED and lighting during the final master plan.

Upon inquiry by Commissioner McLain, Chief Deputy Sheriff Steve Harriett addressed the Board to advise he knows that growth is inevitable, but he wants to make sure that it is properly planned and safety concerns are considered. He stated he feels CPTED is an important aspect of crime prevention. It is not the intent of the Sheriff's Office to delay the construction process but they would like to make sure that crime prevention is considered. He said the Sheriff's office would like the access controlled so that traffic cannot cut off of McCulloch Road into the complex. He added the Sheriff's Office is also looking at working with the developer, the architects and those who are concerned with this project. They could reduce and prevent the potential for law enforcement to respond after the fact and they may be able to save a life or two in the process.

Upon inquiry by Commissioner Van Der Weide, Chief Deputy Sheriff Harriett advised the goal behind CPTED is to reduce the opportunity for crime. He stated the County can work hand in hand with the community, the developer and architects to minimize crime.

Commissioner McLain stated this is a good faith effort through practical current planning to help reduce crime in these areas. There can't be any guarantee that there will be crime free areas but these are things they are doing to try to reduce crime.

Chief Deputy Sheriff Harriett stated it is a measure to minimize the impact of crime in these areas and it will give them an opportunity to further enhance their partnerships. They are working hand in hand in a proactive manner with the construction, architectural and design industry.

Letters from area residents opposing Mr. Emmer's rezoning request were received and filed.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt Ordinance #99-58, as shown on page __________, to rezone from UC (University Community) to PUD (Planned Unit Development); property located at the northeast corner of McCulloch and Seminole Ave. ROW, east of SR 434 (Alafaya Trail), and north of the Orange/Seminole County Line, as described in the proof of publication, Phillip Emmer on behalf of owners Thomas Hamilton, Patricia Hamilton, Jill Hamilton and Mary Lynn Doyle; and approval of the Development Order, as shown on page ________.

Under discussion, Commissioner McLain stated he feels the best position to take is to wait and see on the first phase to see how it comes out and what kind of management they will have. He stated he understands the circumstances here, but he will not be supporting the motion.

Commissioner Maloy stated he would like to remind the Board that in the past there were a lot of concerns with this project. He said he has worked a lot with the surrounding neighborhood, Creekwood, and they were in support of the project. He stated he has not received any phone calls on this issue and he feels comfortable with it.

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

Commissioner McLain voted NAY.

Frances Chandler, Planning & Development Director, addressed the Board to introduce the Comprehensive Plan Amendments, Rezonings and Related Matters as outlined in the agenda memorandum.

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendment 08-99SS.3 from Suburban Estates to Commercial; Rezone from R-1 (Single Family Dwelling) to PCD (Planned Commercial District); property located on the east side of CR 419 and south side of Lake Mills Road; and Text Amendment 99F.TXT3.7 to Urban/Rural Boundary, Seminole County/Harling Locklin & Associates, received and filed.

Dick Boyer, Senior Planner, addressed the Board to present request as outlined in the agenda memorandum relative to staff's recommendations and analysis of the plan amendment and rezoning. He stated the Local Planning Agency (LPA) recommended continuing this item to the Spring Amendment cycle until the CR 419 corridor study is completed. He added the Department of Community Affairs (DCA) submitted their Objections, Recommendations and Comments (ORC) report and it indicated that there was no data to demonstrate compliance with discouraging urban sprawl. This amendment exhibits more than six of the Rule 9J5.0065 primary indicators. That means the amendment should have analysis and consider the extent and amount of frequency of each indicator. This amendment is not consistent with the Future Land Use Figure 2.9 and it is inconsistent with Future Land Use Element 2.11 and 2.11.1. He stated that staff's responded to the DCA's objection indicating that the applicant has submitted additional data and analysis addressing the DCA's concerns. The analysis indicates that the proposed project provides needed neighborhood services within the Chuluota area. He further stated the Board directed staff to complete a study of the Chuluota area regarding the 20+ acres of land currently designated for nonresidential land uses. The consulting firms of Herbert Halback, Inc. and Real Estate Research Consultants were retained to assist in developing design standards and to undertake a market analysis of the potential for nonresidential land uses within the area. He introduced Mr. Owen Beitsch of Real Estate Research Consultants, Inc., advising he will make a brief presentation regarding the market assessment of the Chuluota area to determine the need for nonresidential uses.

Owen Beitsch, Real Estate Research Consultants, Inc., addressed the Board to state the purpose of the study was to estimate the demand in the Chuluota study area and to evaluate the Harling/Rose amendment as well. The main purpose of the study was to focus on the neighborhood urban uses. The study area contains about 5,000 acres, ranges from 64 and 79 in traffic zones. He stated his firm focused mainly on traffic zone 64 and 68 and that comprised of the existing village and the greater percentage of population in this area. The neighborhood requires services with a distinctly local orientation as opposed to those described as regional services. In trying to ascertain what is the most essential features in generating demand of retail services in the local level, he identified three. The first is population and he reviewed same. The