The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:38 a.m., on Tuesday, March 28, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

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

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Pastor E.A. Reuscher, Lutheran Church of the Redeemer, gave the Invocation.

Commissioner Grant Maloy led the Pledge of Allegiance.

Mr. Fraser Howe, Engineer’s Week Committee Chairman; Bob Mack, The Florida Engineer’s Society; and Glenn Forrest, President-elect Central Florida Chapter of the Florida Engineering Society, presented Mr. Jim Marino, Seminole County Public Works Department with the "Winner of the National Engineer’s Week Award for the Outstanding Organization of the Year – Public Sector".

Jim Marino, Public Works Director, addressed the Board to briefly express his appreciation.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-51, as shown on page _________, proclaiming the week of April 9–15, 2000 as "Crime Victims Rights Week".

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Chris White and he addressed the Board to state that he accepts the Resolution on behalf of the State Attorney’s office. He advised that a luncheon will be held on April 11 at the Heathrow Country Club and he would like to invite all of the Board members to attend.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-67, as shown on page __________, in recognition and appreciation of Frederick H. "Rick" Nelson for the hard work, dedication to principle and generous giving of time, labor and legal skills on behalf of upholding the validity and implementation of the public decency ordinance, and the regulations regarding the industry of adult entertainment and sexually oriented businesses in Seminole County.

Under discussion, Commissioner Morris expressed his appreciation in working with Mr. Nelson over the past years and commended Commissioner McLain for bringing this resolution forward.

Commissioner McLain stated he would like to say how proud he is in having Mr. Nelson as a resident of Seminole County and the thousands of dollars he has saved the taxpayers.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Rick Nelson and he and his wife expressed their appreciation to the Board.

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Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #2000-R-68, as shown on page _________, commending staff for their commitment, time and expertise to represent Seminole County at the Florida State Fair in Tampa.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to the following staff members for their commitment of time and expertise to represent Seminole County on a State level: Richard Tyson, Nancy Lodge, Bradley Haeffner, Karen Jacobs, Ginny Gregory, Shelda Wilkens, Bob Chorvat, Bill Ramboldt, Shirley Bagley, Compton Biehl, Ruth Eplin and Al Ferrer.

Richard Tyson addressed the Board to express his appreciation on behalf of County staff.

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Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-63, as shown on page __________, proclaiming Saturday, April 8, 2000 as "Connect for Kids Day" and the week of April 9-15, 2000 as "Library Week" in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

Suzy Goldman, Library & Leisure Services Director, addressed the Board to introduce Libby Harper, President of the Friends of the Library.

Elizabeth Harper addressed the Board to express her appreciation.

Margaret Johnson addressed the Board to advise that this Saturday, April 1, 2000, is "Connect for Kids Day" and she would like to invite everyone to attend. She stated the Library will be asking the kids to vote for their favorite books on-line or at the libraries. She added the results will be available on-line by April 24, 2000.

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Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-64, as shown on page __________, proclaiming the week of April 9–25, 2000 as "National County Government Week".

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-66, as shown on page ___________, proclaiming Monday, April 10, 2000 as "Volunteer Appreciation Day" in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-65, as shown on page ___________, proclaiming the week of April 3-9, 2000 as "Public Health Week" in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

Dr. Jane Polkowski, Health Department Director, addressed the Board to express her appreciation.

A pamphlet entitled "Living Well in Florida" was received and filed.

Cindy Coto, Deputy County Manager, addressed the Board to review the following proposed Legislative update issues. A copy of the Legislative issues was received and filed.

Ms. Coto advised that this bill places local governments at an unfair disadvantage when competing with or managing the activities of private firms. Therefore staff opposes any legislation that limits their ability to effectively implement, monitor, etc. franchise commercial collection.

Commissioner Morris stated he would support staff’s recommendation.

Commissioner Maloy stated he is not in favor of staff’s recommendation.

Commissioner Henley stated he supports staff’s recommendation.

The majority consensus of the Board was to support staff’s recommendation to oppose any legislation that limits the County’s ability to effectively implement, monitor, etc. franchise commercial collection.

Ms. Coto advised that this language appears to require all court-ordered costs, fines and assessments to be redirected by the State. She stated staff recommends monitoring this to ensure that the intent of Article V is met.

The Board consented to support staff’s recommendation to monitor same.

Ms. Coto advised that the House Community Affairs will be taking up the issue of a replacement source of revenue for the County Revenue Sharing Program, and the Senate has proposed to reduce the contributions to the Florida Retirement Savings. This reduction would result in savings of $98 million for the counties. She stated staff opposes substitution of FRS for intangible tax cuts in order to make counties whole with respect to revenue sharing. Other revenue sources should be utilized. Discussion ensued.

Chairman Henley stated he feels this is a poor way of trying to find revenue. The Board agreed with staff’s recommendation.

Commissioner Van Der Weide entered the meeting at 10:15 a.m.

Ms. Coto reviewed the proposed issue as outlined in the update. She stated this bill will limit the County’s ability to impose fees against those companies for utilization of the County’s rights-of-way. The Florida League of Cities is purporting that they are representing charter counties and since they are in disagreement with Florida Association of Counties (FAC), FAC is requesting that Seminole County inform them in writing that Seminole County supports FAC on this issue. She added staff is recommending that the Board submit in writing that FAC represents Seminole County on this issue.

Motion by Commissioner Morris, seconded by Commissioner McLain to accept staff’s recommendation relative to the Simplified Tax Permit Fee/Right-of-way issue; and to authorize Chairman to execute a letter, as shown on page ________, advising that FAC represents Seminole County.

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

Ms. Coto stated this bill provides that any governmental action that involuntarily reduces density for a property below a ratio of one unit per five acres establishes a rebuttal presumption that the property has been inordinately burdened. She stated staff’s recommendation is to continue to monitor this issue.

Mr. McMillan explained for Commissioner Morris the purpose of this amendment. He stated this bill would further restrict the County to create any zoning districts that would require more than 5-acre parcels. From his standpoint, any bill that strengthens the Bert Harris Act should be monitored and looked at with regard to its impact on the County. The amendment tells the Board that no county can create any zoning district that requires more than 5 acre lots without paying compensation to property owners affected by that change.

The Board, by consensus, agreed with staff’s recommendation to monitor this issue.

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Bobby Brantley, Brantley & Associates, addressed the Board to update the Board on the County’s issues. He stated the Legislature decided last Thursday to cut community base projects that are in the budget including the $350 million water projects. He stated from the House side, the amount for the 17-92 project was $350,000, the Cross Florida Trail was $50,000, and the Wekiva River is part of the $9 million lump sum that is in the budget. He said the trail failed from the House side and he had to get Representative Fuller to help.

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At the request of Chairman Henley, Mr. Brantley discussed the change of the Lynx Board. He stated Randy Johnson had that bill put on as an amendment, but he has called Lynx asking them not to lobby the bill.

Commissioner Morris stated he feels the County needs to keep on top of it. He stated Mr. Johnson has done exemplary work on the County’s behalf in trying to broker what is an Orange County problem.

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Upon inquiry by Chairman Henley, Mr. Brantley advised the MPO Board issue which impacts the Sanford Airport transportation was withdrawn last week, but it will be brought up again as soon as a slot opens up. He stated several cities banned together requesting that five more cities be added to the MPO.

Chairman Henley stated the two cities that are behind this will stand to lose a seat because of population. He stated they are trying to get Legislation to allow them to remain on the Board.

Mr. Brantley stated the letter from the Mayor of Winter Park was about as misleading as anything he has seen. He said the letter indicates that this issue has been addressed several times by the MPO and he pointed out why he opposes it. Discussion ensued.

Mr. Brantley stated he feels that there needs to be some hard discussions within the MPO/Lynx of what the future will be.

Chairman Henley stated the progress of the MPO has been stymied; but it has been effective. The only thing the MPO had difficulty on is the light rail issue. There are roads being built all over this region.

Chairman Henley advised that Item #22 should read Change Order #2 and Item #26 has been pulled. He stated he doesn’t think that Item #27, Award RFP-484-00 Consulting Services relative to Management of Roads, Stormwater and Traffic Facility Systems ($166,000), should be on the Consent Agenda, therefore, he would like this item pulled.

Jim Marino stated he has no problem pulling Item #27 from the agenda. He stated he would probably give each Board member a briefing on it.

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

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The Chairman recessed the meeting at 10:56 a.m., reconvening at 11:08 a.m., with all Commissioners present.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve organizational changes as recommended by the County Manager to reinstate the second Deputy County Manager position and to transfer insurance function from Human Resources to Administrative Services; and authorize Chairman to execute the necessary Budget Change Request to implement the reorganization.

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

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize staff to file suit against DiPrima Construction Corp., United States Fidelity & Guaranty Co., Spillis Candela & Partners and Fluor Daniel, Inc., associated with defects within the Sheriff’s Office/Public Safety Building.

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

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Jamie Croteau, Administrative Services Director, addressed the Board to request the Board to select one of the two firms to provide design-build services for the Juvenile Justice Center; and authorize staff to negotiate with the top ranked firm. She referred to the last two pages of the agenda and advised that UCF Housing Administration Facility performance reference survey references Ajax and that should be Ponikvar. She stated staff had asked both firms to submit a price proposal, but one of the proposals was not notarized.

Cindy Coto, Deputy County Manager, addressed the Board to advise staff is asking the Board to rank the firms and authorize to negotiate. Whatever firm the Board selects, staff will be bringing back the final price proposal.

Upon inquiry by Commissioner Maloy, Ms. Croteau advised the total budget for this project was $4 million.

Commissioner McLain left the meeting at this time.

Upon further inquiry by Commissioner Maloy, Ms. Coto advised that both do meet the criteria for additional space of 22,000 sq. ft.

Commissioner McLain re-entered the meeting at this time.

Commissioner Maloy discussed with Ms. Coto and Ms. Croteau the comments of the survey from other jurisdictions.

Upon inquiry by Commissioner Maloy, Ms. Coto advised staff felt that two courtrooms of equal size provided greater flexibility so they can be interchanged for dependency or delinquency cases. She stated Judge Nelson felt strongly that there are two different types of hearings and the same number of seating is not needed, therefore there should be two different courtrooms.

Judge Debra Nelson addressed the Board to state her main goal was not only the flow of the courtroom but also the use of the courtroom. She stated the Metric Construction plan meets the need of all the active participants. She stated the Judges have voted unanimously to accept the Metric design because of the needs for security and functionality of the courtroom.

Upon inquiry by Chairman Henley, Judge Nelson advised the Metric plan shows that the courtrooms are separate from the Judges’ entrance and the juveniles’ entrance. The Ajax plan shows that the children will have to be brought through the same hallways as the Judges.

Commissioner Morris stated the users are not satisfied with what is being proposed. He stated anytime he hears about safety, it seems to be a critical issue. He said the sallyport is an additional movement that is something they do not need to do. He added the second issue is co-mingling of Judges with the defendants, as the mixture of those two together is not a good thing to contemplate. He asked if there is a way to incorporate some of those concerns in the negotiations with the Ajax proposal.

Ms. Coto advised those issues were discussed after the interviews and that is why it is not written in stone and they can be addressed during negotiations.

Upon inquiry by Commissioner Morris, Ms. Coto advised the Sheriff’s office concurred with the Judges on the same issues. She stated that Mr. Dale Wagoner, representative of the Sheriff’s Office, indicated that he liked the sallyport under the Ajax proposal. She added he also indicated that Metric Constructors showed better security and flow.

Dale Wagoner, Sheriff’s Office, addressed the Board to state the issue is not cameras but where they are placed in the building. The other issue is the judges’ area.

Commissioner Morris stated nothing is written in stone and the user groups can work together with staff relative to these issues. He stated he doesn’t think the Board should be designing this, as the key issue is being able to send staff on a mission to negotiate what the adjusted prices are based upon what the users want.

Mr. Wagoner stated if you look at the flow pattern and the convenience of security to where the major problems are, everyone will be there on the Metric plan. He stated he feels that for the security aspect, the Metric plan is the best plan.

Commissioner McLain stated he noticed in the comments that the Clerk’s staff has no way to get to the second courtroom except through the lobby.

Commissioner Morris left the meeting.

Maryanne Morse, Clerk of Circuit Court, addressed the Board to state the Ajax plan shows the courtrooms being side by side and the only way to get to one of them was through the lobby. She stated her staff would actually have to take all of their files through the lobby in order to get to the courtroom. The Metric plan shows that her staff can go through the secured corridor to get to the courtrooms without having to go through the public lobby or around the building.

Commissioner Morris re-entered the meeting at this time.

Ms. Morse stated she has looked at the security issues and Metric’s plan is far superior in getting her staff to the courtrooms.

Chairman Henley stated he believes that is an issue that can be corrected easily.

Upon inquiry by Commissioner Maloy, Ms. Morse advised because of the configuration of the bench and witness stand, her staff cannot see the witness box, therefore the platform needs to be raised. She stated she is willing to pay for the raised floor.

Commissioner McLain stated he feels the County building is something that they cannot afford. He stated if it means the offices will have to be smaller, so be it. He said he has some concerns with security and he feels the building can be built for $3.5 million. He added he cannot support this if it is going to lead to a tax increase.

At the request of Chairman Henley, the Board tallied their votes of which firms they support. Whereupon, Mr. McMillan indicated that Commissioner Maloy selected Metric; Commissioners Morris, Henley and Van Der Weide selected Ajax; and Commissioner McLain selected neither. Copies of each Commissioner’s votes were received and filed.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to select Ajax Building Corporation to provide design-build services for the Juvenile Justice Center; and authorize negotiations with that selected firm.

Under discussion, Commissioner Henley believes the intent of the motion is to involve the users in trying to negotiate some design changes and if solutions cannot be reached, staff will come back to the Board for further discussion.

Commissioner Morris agreed that is implied because that was the discussion they just had. He added he would invite the users to call the Commissioners if they feel that they are not being heard.

Commissioner McLain stated he will vote for the motion so he can have an opportunity, if he feels it is necessary to bring this back up.

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

Matt West, Principal Planner, addressed the Board to present request to approve Preliminary Subdivision Plan for Heathrow Tract 32; property located on the north side of Heathrow Blvd., just west of its intersection with Orange Ave., Heathrow Land Co. Ltd. Partnership.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Preliminary Subdivision Plan for Heathrow Tract 32; property located on the north side of Heathrow Blvd., Heathrow Land Co. Ltd. Partnership.

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

Gary Schindler, Senior Planner, addressed the Board to present request to approve the Final PUD Master Plan and Developer’s Commitment Agreement for Osprey Lakes PUD; property located on the north side of Chuluota Bypass and east of CR 419, Hugh Harling on behalf of owner Michael Hattaway. He stated Mr. Harling has submitted comments on this item and staff has reviewed and concurs with the proposed language with the exception of the school impact fees. A booklet containing Mr. Harling’s response to staff comments was received and filed. He said staff and the applicant, after further discussions, concurs with the intent of the school impact fees and they would ask the Board to give them flexibility to work with the impact fees.

Upon inquiry by Commissioner Maloy, Mr. Schindler advised staff believes the impact fees that are in place now may well be the appropriate number, however, they have not had a chance to look at this in a historic perspective.

Mr. McMillan stated at the time impact fees were imposed, there were certain provisions in the Code that indicated if you had a voluntary commitment in the PUD approval, that is what you have to pay. He stated he has not seen the proposed language, but it is under review and the determination has been made of how the Code applies to this situation.

Hugh Harling, Harling Locklin & Associates, addressed the Board to review his memorandum relative to staff’s comments.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve the Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page ________, for Osprey Lakes PUD; property located on the north side of Chuluota Bypass and east of CR 419, Hugh Harling on behalf of owner Michael Hattaway, including the modifications, and to clarify that the school impact fees will be based upon historical fact of other PUD’s.

Under discussion, Commissioner Morris noted for the Record that this PUD zoning was originally approved on February 21, 1991.

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

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Upon inquiry by Commissioner McLain, Mr. Grace suggested the Board take the County Manager’s briefing items at this afternoon’s meeting.

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Motion by Commissioner McLain, seconded by Commissioner Morris to approve the proposed re-alignment changes to the northern section of the Seminole Wekiva Trail; and authorize staff to bring the final proposal back to the Board.

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

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

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

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue to April 11, 2000 the request to appeal the decision of the Development Review Manager in denying approval of the proposed site plan for Cox Lumber Company.

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

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The Board recessed the meeting at 12:05 p.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session.

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

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

Proof of publication, as shown on page _______, calling for a public hearing to consider an ordinance related to the protection of all sections of the interconnected Stormwater System, received and filed.

County Attorney, Robert McMillan, advised staff members from the Sheriff's Office, Stormwater Division and County Attorney's Office have been meeting with regard to damage that is being done to the County's Stormwater System. He stated that currently there is no ordinance that protects the system; therefore, the proposed ordinance was developed.

Upon inquiry by Commissioner McLain, Mr. McMillan advised the trespass ordinance would not be enforceable around a lake because "no trespass" signs would have to be posted every so many feet. A sign for the proposed ordinance would not be required.

Commissioner Morris stated the issue is that the Sheriff does not have the power to do anything if someone is running an ATV around a dry lakebed. He suggested staff review this after six months to see if this ordinance is successful.

Upon inquiry by Commissioner Van Der Weide, Assistant County Attorney, Lynn Vouis, addressed the Board to advise the ordinance can be enforced by the Sheriff or under the County's Citation System. The penalty is a misdemeanor and has a maximum fine of $500. Under the County Citation Ordinance, this would be a Level IV violation and has a maximum fine of $300.

Upon further inquiry by Commissioner Van Der Weide, Mr. McMillan advised the proposed ordinance has nothing to do with boating.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt Ordinance #2000-18, as shown on page _______, relating to the protection of all sections of the interconnected Stormwater System, as described in the proof of publication.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider an ordinance relating to the towing and transport of vehicles in Seminole County, Florida, received and filed.

Commissioner Morris stated he supports Commissioner Van Der Weide's initiative on this item.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2000-19, as shown on page ________, relating to the towing and transport of vehicles in Seminole County, Florida, as described in the proof of publication.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling) for property located on the east side of Tuskawilla Road, 1/2 mile south of Red Bug Lake Road, Stonehurst Development Corp., on behalf of owner Dudley Prasek, received and filed.

Senior Planner, Gary Schindler, addressed the Board to present the request, advising staff recommends approval.

Upon inquiry by District Commissioner Maloy, Mark Crone, representing the developer, addressed the Board to advise at this point they are still in the engineering phase, but their intent is to bring no more water volume into the existing system than what is currently going in it.

Commissioner Maloy expressed his concern that currently water drains to the east and it backs up to Brooks Lane.

Mr. Crone stated the decorative wall will continue down Tuskawilla Road to the south and the stucco wall will continue south of Cardinal Creek.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to enact Ordinance #2000-20, as shown on page ________, rezoning from A-1 (Agriculture) to R-1AA (Single Family Dwelling) property located on the east side of Tuskawilla Road, 1/2 mile south of Red Bug Lake Road, as described in the proof of publication, Stonehurst Development Corp., on behalf of owner Dudley Prasek.

Under discussion, District Commissioner Maloy stated he is sure staff will do their due diligence to make sure the drainage is reviewed during site planning.

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 OP (Office Professional) to OP (Office Professional) for property located on the southwest corner of SR 436 and Casa Aloma Way, 1/2 mile south of Howell Branch Road, Richard Harris, on behalf of owners Margaret & Gregory Samano, M.H. & Geraldine McDonald, Dale Wolford and Carl Bilancione, received and filed.

Mr. Schindler presented the request, advising the site is comprised of two pieces of property, each developed with an existing office building. The properties share one access point and parking. Because of this, the properties were combined into one development. He further advised that staff has no objections to the request, subject to conditions in the Development Order, as follows: (1) BCC grant a waiver of 20 feet from the minimum 25 foot wide landscape buffer required along Casa Aloma Way; (2) The landscape buffer along Casa Aloma Way shall have a minimum of 7 canopy trees and the landscape buffer along SR 436 shall have a minimum of 14 canopy trees; and (3) The owners of Property 2 agree that the owners of Property 1 may utilize 6 parking spaces on Property 2 to meet the Land Development Code's minimum parking requirements for the development of Property 1.

Greg Probel, representing the applicants, addressed the Board to state this process has taken four months and he questioned the need for this public hearing for this size of a project. He also questioned whether this process could be sped up and handled more quickly.

Commissioner Maloy stated he has brought up this issue with the idea of redevelopment guidelines; wherein, if a project is not controversial and it is a redevelopment project, that certain things could be waived in order to expedite the process. He said hopefully, the Board will see some provisions in the future so that people will not have to be faced with a mountain of red tape.

No one else spoke in support or in opposition.

The Chairman surrendered the gavel to the Vice Chairman for the purposes of offering a motion.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to enact Ordinance #2000-21, as shown on page _________, rezoning from OP (Office Professional) to OP (Office Professional) property located on the southwest corner of SR 436 and Casa Aloma Way, 1/2 mile south of Howell Branch Road, as described in the proof of publication; and to approve Development Order, as shown on page ________, placing staff-requested conditions upon the rezoning approval, Richard Harris, on behalf of owners Margaret & Gregory Samano, M.H. & Geraldine McDonald, Dale Wolford and Carl Bilancione.

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

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

Planner, John Jones, addressed the Board to present the US 17-92 Redevelopment Planning Agency FY 99/00 Report (received & filed). He advised that $1,444,084 has been appropriated for the CRA and of that, $1,161,897 has been paid out, leaving $282,187 to be paid upon completion of the projects. He stated that completion of the US 17-92 Corridor has changed, for the better, the roadway, intersections and pedestrian mobility, which would not have been possible without the BCC and the partnership of the cities. He briefly discussed the following proposed three projects: Aerial Photograph of US 17-92 Corridor; Market Assessment of 417 Greeneway/US 17-92 Interchange; and Improvements to US 17-92 Northern End (Sanford area). He explained that after these projects are paid for, there will be a balance of $43,634. He advised the City of Sanford has committed to contribute to the installation of the mast arm installation because the first three intersections lie within the Downtown Sanford CRA.

Upon inquiry by Commissioner McLain, Mr. Jones advised the City of Sanford has also agreed to landscape from First Street through 13^th Street.

Commissioner Maloy stated he is concerned with the thought of putting in more landscaping when the County can't take care of the plants they already have. He also expressed his concern with the potholes in the road.

Commissioner Morris stated it is very easy to confuse the two issues. He said the paving is done by the State and he has personally lobbied on the issue and done everything he could to get the State to move up the resurfacing. He said it is a mis-service to not explain the different funding. He added that they have not put any irrigation in and many of the plants that have died are the original Casselberry volunteer plantings.

Mr. Jones requested approval from the Board, sitting as the CRA, of the three proposed projects.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the following projects: (1) Aerial Photo Series; (2) Market Assessment; and (3) North US 17-92 Mast Arms/Landscaping.

Under discussion and upon inquiry, Tony VanDerworp, Sanford City Manager, addressed the Board to advise the City has water trucks which will irrigate the landscaping along the northern end of the corridor.

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

Commissioner McLain left the meeting at this time.

Director of Library & Leisure Services, Suzy Goldman, addressed the Board to advise in 1999 Mike Martin, Vice President of the University of Florida's Institute of Food and Agricultural Sciences, initiated a long range planning process called Florida FIRST. The goal was to examine the changing needs of the people of the State. As part of that, the Seminole County Extension Services reviewed their current service programs.

Robert Tyson, Acting Extension Services Manager, addressed the Board to give a slide presentation (copy received & filed). He reviewed their goals and major programs. He advised the agricultural agent position is vacant and due to the changing needs of the County citizens, they would like to shift this position to the Food Safety/Family & Community Education Programs.

Commissioner McLain re-entered the meeting at this time.

Dr. Fred Johnson, University of Florida Extension District Director, addressed the Board to distribute "Gator" pins to the Board. He briefly discussed the requested position reassignment with the Board.

Commissioner McLain stated he was briefed on this earlier and feels it is a great move.

Commissioner Van Der Weide left the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize reassignment of one Agricultural Agent to Food Safety/Family & Community Education Programs; and to approve retaining current fee structure.

Districts 1, 2, 4 and 5 voted AYE.

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

Ms. Goldman advised staff was directed on March 7, 2000 to come back with additional information regarding possible community park sites. She gave a slide presentation, advising the Parks Master Plan showed there is a need for two new community parks - one southwest of Oviedo and one in the Lake Mary/Sanford area. She stated in the Lake Mary/Sanford area, staff reviewed two sites - BML Feinstein and the Hovnanian properties. Sites reviewed in the Oviedo area were: Econ Place, Mitchell Hammock, Winter Miles, Kirchoff/Nagib and Chuluota/Lake Mills. The Parks & Recreation Advisory Board recommended the Mitchell Hammock property and the BML property as the best sites in the target areas.

Upon inquiry by Commissioner Maloy, Ms. Goldman advised the asking price for the BML property is $3.5 million, plus $3 million to develop the site. She stated that they have had discussions with the City of Sanford on the Hovnanian property but have not talked to them with regard to the BML property.

Commissioner Van Der Weide stated Seminole Vision will be conducting a survey of public "wants" and he believes this will answer a lot of questions. Discussion ensued.

Commissioner Maloy stated he believes a lot of good information has been put together with regard to what is in the target areas and what is close and convenient. He advised he has heard that some private funding might be available for the Winter Miles site. He said he would like the County staff to update the City of Oviedo with regard to this new information.

Commissioner McLain stated he has no problem with briefing the City, but he wants the Board to understand there are two cities who want to participate with the County in providing recreational parks. He said, however, he would not want to see the County spend $5 million to acquire property assuming that a referendum was going to pass. He further said that if the County can provide the parks through the existing revenue stream that is okay, but to spend money on a "maybe" is, he believes, short-sighted.

Commissioner Maloy advised he is in receipt of a letter from Mr. Jurrie who said he would like to see Ft. Mellon Park in Sanford included for purchase and enhancement.

Commissioner Morris stated he would strongly urge the Board members to drive the BML site. He said this would be a clear partnership with the City of Lake Mary in that it is next door to the City's existing park. He stated he would like staff to meet with the City on the site. He also believes the survey will be very important. He said that the BML property will not be available after the election. Therefore, he disagreed with Commissioner McLain and urged the Board to acquire the land, at a minimum, because it will not be available later.

Chairman Henley advised of a Speaker Request Form received from Cyndi Junero in support of the Winter Miles site.

The Chairman announced the consensus of the Board is to direct staff to meet with the Cities of Oviedo, Lake Mary and Sanford to brief them on this issue and to report back to the BCC.

Commissioner Maloy suggested placing the north Lake Mills property into the Natural Lands mix. Whereupon, Commissioner Morris agreed and suggested briefing Colleen Rotella on this parcel.

Deputy County Manager, Cindy Coto, addressed the Board to advise the Program Review Committee (PRC) met on March 8, 2000 and adopted the following: "the Program Review Committee has concluded that it is not feasible to make marketization decisions based on competitive bidding between parts of the County Government and private contractors. The Committee is ready, willing and able to serve at the Commissioners' discretion to review any marketization issues the Commissioners may want to pursue." She added that unless she is directed otherwise, the PRC will go back into hiatus.

The Board voiced no objections.

Ms. Coto advised the week of April 9-15, 2000 has been proclaimed as "National County Government Week". She stated the theme is "Honoring Volunteers" and to celebrate the week, a Volunteer Reception is being planned for April 10 at the Altamonte Hilton. She added there will be two projects for that week - Teen Transformation and helping Habitat for Humanity construct three houses.

Chairman Henley distributed copies of a Letter dated March 17, 2000 from the Tri-County League of Cities inviting Seminole County to join their association. The dues are $1,000. Copy of letter was received and filed. Discussion ensued.

Commissioner Morris stated he is concerned that sometimes this association does not have the same wishes as the County.

Commissioner Van Der Weide stated there are a lot of things the Tri-County League of Cities and the Association of Counties are on opposite sides.

The Chairman suggested the County Manager sit in on one of their meetings and report back to the Board.

Commissioner Van Der Weide also suggested getting an opinion from the County's Lobbyist.

Commissioner Morris advised of Inter-Office Memorandum dated March 9, 2000 from Darrell Kelley of the Economic Development Commission of Mid-Florida, Inc. regarding a doctoral degree at UCF combining technology and media. He said he would like the Board to endorse the program. Copy of memo was received and filed.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to direct the County Manager to respond to the four action items listed in the memo.

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

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Commissioner Morris advised of Letter dated February 29, 2000 from Mike White of Florida's Boat Docks & Seawalls, Inc. Copy of letter was received and filed. He further explained that the owner of the Black Hammock Fish Camp submitted original documents to his office as proof of his historical rights. The Planning Department lost these documents and Mr. White must now go back to get re-sealed documents. The engineer is charging $1,025for the re-seals. He requested the Board authorize the County Manager, at his discretion, to make this expenditure. He added it is the responsibility of the County because they lost the documents.

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize the County Manager, after investigation into the matter, to expend $1,025 to Florida's Boat Docks & Seawall, Inc., for original documents lost by the Planning Department.

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

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Upon inquiry by Commissioner Morris, Mr. Grace advised the Charter Review Commission reviewed Mr. Montye Shoemaker's request for a position of Ombudsman and they determined that it was inappropriate for this to be in the Charter. Mr. Grace stated he is planning on addressing this after some of the Planning processes have been reviewed.

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Commissioner Morris advised he will be travelling to Tallahassee this afternoon for Legislative Day. It was noted that the County Manager and the Deputy County Manager will also be in Tallahassee for same.

The Chairman requested Commissioner Morris to check on the NASA funding and the funding for Lake Jesup.

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Commissioner McLain requested an update on the progress of the property purchased for a park in the Fern Park area (Kewannee site).

The Chairman advised he has met with staff and discussed several issues. He said they are waiting to see what is in the County-wide Sidewalk Report.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to reappoint Larry Lawver to the Code Enforcement Board.

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

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Commissioner Maloy discussed the recent accidents on SR 46 and the need to widen same.

Planner, Dick Thomas, addressed the Board to advise this is on the MPO priority list for rural funding, but not on the five-year plan. He said they have brought this up to see if it would be eligible under the hurricane evacuation funding program.

The Chairman directed the County Manager (along with Mr. Thomas and Mr. McCollum) to draft a letter to the MPO and the County Lobbyist regarding the problems and the justification for safety improvements.

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Commissioner Maloy advised of correspondence from Jim Logue concerning the "un-nesting" of the Lake Jesup Basin area. He said he would be interested in getting an update from staff on this and how this will affect the wetland mitigation.

Director of Planning & Development, Frances Chandler, addressed the Board to advise Development Review Manager, Mahmoud Najda, is looking into this. She added that this will be brought back to the Board as a "briefing" item.

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

Commissioner Maloy briefly discussed the Wastewater Transmission Authority of South Seminole & North Orange Counties, advising the bonds will be expiring soon on the debt for the pipes.

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Commissioner Maloy advised that he attended the first meeting of the Orange County Student Housing Task Force and there were a lot of good discussions. The next meeting is scheduled for May 4, 2000 at the Central Florida Research Park. He requested the Planning Department and the Sheriff's Office attend this meeting.

Commissioner Van Der Weide left the meeting at this time.

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Commissioner Henley advised that the Seminole Vision endorsed the survey. He said that they have reactivated all their committees and will be looking at a plan to enhance the quality of life in Seminole County.

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Commissioner Morris advised the Greater Orlando Chamber of Commerce will be making a presentation at the East Central Florida Regional Planning Council’s April meeting with respect to a regional study.

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Commissioner Morris advised he has been appointed Chairman of the National Association of Planning Councils.

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There being no further business to come before the Board, the meeting was adjourned at 3:40 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

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