The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m. on Tuesday, June 22, 1999, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)(Late)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

Acting County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Chairman Henley gave the Invocation.

Commissioner McLain led the Pledge of Allegiance.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Resolution #99-R-83, as shown on page __________, proclaiming the week of June 21 through June 28, 1999 as "Seminole County Firefighters Appreciation Week".

Districts 1, 3, 4 and 5 voted AYE.

The Board presented the Resolution to Tim Nicholson.

Chairman Henley advised that Commissioner Morris is running a few minutes late.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Resolution #99-R-84, as shown on page

_________, proclaiming the week of June 21-25, 1999 as "Code Enforcement Officers’ Appreciation Week".

Districts 1, 3, 4 and 5 voted AYE.

The Board presented the Resolution to Debbi Leigh, Violations Inspector. Ms. Leigh addressed the Board to recognized the following Code Enforcement Officers, who were in attendance: Pamela Taylor, Donna Wisniewski, and Joann Davids.

Robert McMillan, County Attorney, addressed the Board to advise he only has an information item. He stated he provided each Board member with a list of RFP proposals for Legislative Consultants. He said this issue will be brought back to the Board at the next meeting for direction.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt First Supplemental and Fifth Amended Resolution #99-R-85, as shown on page _________, relating to CR 427, Phase I, road improvement project (SR 436 to Charlotte Street)(Adding 1 permanent easement and amending 1 temporary construction easement).

Districts 1, 3, 4 and 5 voted AYE.

Cindy Coto, Acting County Manager, addressed the Board to introduce Doug Elam, Chairman of Seminole County Watch. She stated due to the Budget work sessions being held last week, staff has not had an opportunity to review the Preliminary Report that was prepared by Seminole County Watch. She added staff will submit a response to Mr. Elam, but she does not believe they cannot provide a response by the June 30 deadline.

Doug Elam, Chairman of Seminole County Watch, addressed the Board to state between January and May, the Seminole County Watch ran a study on the County’s contracting practices. The Seminole County Watch looked at four key areas and they include: the decision of the contract and how the County makes that decision and what they put in the construction of the contract; the announcement of the contract; the evaluation of the bidders’ proposals; and post award management. The Seminole County Watch did this for the following reasons: Protect the taxpayers; strengthen the contract procedures; and to provide a level playing field for all contractors.

At the request of Chairman Henley, Mr. Elam explained that Seminole County Watch is an organization that is made up of professional people and they look at decision and action processes. He stated this organization is winding up a report for the School System and they will be going to the cities for the same issue on contract processes.

Lila Buchannon addressed the Board to state she is satisfied that an effort is being made to carry out these procedures. These procedures are still relatively new to the employees and it takes a while to understand how they are to be carried out. She stated it is her understanding that the manual is now a couple years old and efforts are still being made to establish periodic training for employees to learn to follow these procedures, what the contents are and to gain experience in using them. The organization found that procedures have been carefully written and staff appears to be extremely sensitive to the need to offer equality to all vendors and contract bidders.

Commissioner Morris entered the meeting at 9:50 a.m.

Ms. Buchannon stated if there is an area that needs some examination, it would be a request to contract. It appeared that there might not be standardization among all the departments when it came to deciding whether or not an existing agency process was insufficient, and a new procedure, new contract or new purchase needed to be made. From that point on, everything seemed to be very well stated and very clear.

Ms. Buchannon reviewed for Commissioner Maloy what type of departments or procedures that the organization will be reviewing. She stated staff was very helpful in providing information to the organization.

Chairman Henley stated the study was very comprehensive and he noticed that the organization had very few recommendations to staff. He stated he is looking forward to staff’s response to the study.

Commissioner McLain stated he would like to thank the Seminole County Watch for the fine work they have done in helping the County in assessing the policies and procedures. He stated he is happy to hear that staff was willing to work with this organization.

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Ms. Coto submitted a handout (received and filed) and stated she would like confirmation of action taken at the Budget Work Sessions relative to the Courthouse expansion. She stated staff is requesting authorization to develop an RFP for Board’s consideration to design and contract a Criminal Justice Center, to be located at the County Operations Center, and to renovate the existing Courthouse at an estimated cost of $43.7 million.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize staff to develop an RFP for the Board’s consideration to design and contract a Criminal Justice Center, to be located at the County Operations Center, and to renovate the existing Courthouse, at an estimated cost of $43.7 million.

Under discussion, Commissioner McLain stated he won’t be supporting the motion as he has grave concerns as to how the County will pay for the expansion. He asked staff if they have considered in the RFP process making the new facility at 5 Points a two-phase project along with a total one-phase project so they can be little more conservative in the spending process.

Ms. Coto stated staff is going over the evaluations at this point of how they can best leverage the dollar amount to ensure that the overall goal is met, as well as what type of design/construction service is utilized. They are looking at all options and will be bringing it back to the Board.

Upon inquiry by Commissioner McLain, Ms. Coto advised staff has not gotten to the point of considering a two-phase proposal in the RFP. She stated staff could do an overall evaluation and bring it back to the Board.

Commissioner Morris stated he will be supporting the motion, but he would like to see a report from staff, over the next few months, showing the Board that the County is working with the partners (Constitutional Officers) who will be using this facility.

Ms. Coto stated staff has no problem in doing that. She stated when staff did the initial program study, they worked with all of the Constitutional Officers in developing all of the options. She said staff would work with them on this process.

Commissioner Morris stated the ADG report indicated that there may be some issues and he would like to get that so the Board will not have to deal with that over the next couple of years.

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

Commissioner McLain voted NAY.

Ms. Coto informed the Board that there is a correction on the dollar amount for Item #21. The amount should read $100,550. She stated D-1 of the Regular Agenda, approve Interlocal Agreement with ECFRPC, has been withdrawn.

Hugh Sipes, Utilities Engineer, addressed the Board to explain for Commissioner Maloy Items 14-19 relative to Engineering Services to Water & Sewer Improvements.

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

Support Services

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

Cindy Hall, Fiscal Services Director, addressed the Board to submit draft resolutions (received and filed) relative to the Water & Sewer Revenue Bond Issue. She stated staff has identified projects that would be eligible to free up cash they have on hand for additional cash defeasance. The resolution sets not-to-exceed the price of $44.5 million. What staff is looking at is perhaps being able to issue these bonds, based on their own rating, without having additional cost of insurance. If they do that, they will have to increase the price a little as they would have to fund a cash reserve being invested at that time.

Motion by Commissioner Morris to adopt the Resolution approving the sale of the 1999 Water and Sewer Revenue Bonds, Series 1999; authorize the use of sewer connection fees to cash defease a portion of the County’s outstanding 1992 Water and Sewer Bonds; and authorize the Chairman or Vice-Chairman execute the Purchase Agreement and other documents required for closing.

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

Under discussion, Ms. Hall explained for Commissioner McLain the funding strategy of the Revenue Bond issue.

Commissioner Maloy stated he doesn’t have a problem with the defeasance. He stated he still has questions whether there is a need for new capital improvements. He added he would have no problem with separating the two and looking at the new projects.

At the request of Commissioner McLain, Bob Adolphe, Environmental Services Director, addressed the Board to explain the capital improvement plan and the needs of the water & sewer system.

Commissioner McLain recommended continuing this item until this afternoon’s meeting to give Commissioner Maloy some time to review this issue with staff.

Commissioner Van Der Weide stated he doesn’t have a problem with the defeasance issue. He stated he would have no problem putting off the capital improvements issue and scheduling a work session on it so staff can explain it in more detail.

Chairman Henley stated he is comfortable with what staff is recommending as it is a savings to the County.

Commissioner McLain stated he cannot support the motion since one of the commissioners needs more time to evaluate the issue further. He stated he wants to make sure that everyone is clear on how they are spending the money. He suggested bringing this item back this afternoon.

Commissioner Henley stated he has no problem bringing this item back this afternoon.

District 2 voted AYE.

Commissioners Maloy, Van Der Weide, Henley & McLain voted NAY, whereupon, the motion died for lack of a majority vote.

Vice Chairman Maloy stated this item will come back to the Board this afternoon.

The gavel was returned to the Chairman.

Ms. Coto presented request to authorize staff to enter into negotiations with HIBC Development Co., the apparent high bidder for Bid #230-99/CI for the purchase of real estate parcel located in Heathrow. She stated staff had some concerns with both bids received. Elizabethan Construction Services bid was less than the appraised value. Heathrow International Business Center’s (HIBC) bid included property already committed to the County for a park and ride. Staff is recommending Board authorization to negotiate with HIBC to reach an equitable acquisition of the 4.936-acre site with final negotiated agreement to be brought back to the Board.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize staff to enter into negotiations with HIBC Development Company, the apparent high bidder for Bid #230-99/CI for the purchase of real estate parcel located in Heathrow, with staff recommendations.

Under discussion, Commissioner Morris stated he would recommend the following: (1) The construction meet County standards of a trail and inspected by the County; (2) Perpetual maintenance be done by HIBC or their successors for the trail; and (3) The landing spot for the Cross Seminole Trail will interconnect to the trail.

Upon inquiry by Commissioner Morris, Ms. Coto advised she couldn’t commit to bringing this issue back for the July 13 meeting. She stated she would feel more comfortable with the second meeting in July.

Discussion ensued relative to the purchasing price, the owner of the trail, and options submitted to the property owner.

Commissioner Van Der Weide left the meeting at this time.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner McLain left the meeting at this time.

John Dwyer, Current Planning Manager, addressed the Board to present request to approve the Final PUD Master Plan and Developer’s Commitment Agreement for Loma Vista PUD; property located west of SR 426 and 2000 feet north of Dean Road, Charles W. & W. Malcolm Clayton. He submitted a copy of the Final Master Plan and Developer’s Agreement (received and filed). He explained the reason for the last minute submittal of the agreement. He stated the applicant and staff have come to an agreement relative to the trail amenities and to make the open space at an overall rate of 25%.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised staff is recommending approval of the request subject to the conditions proposed in the Developer’s Agreement. A copy of the final master plan was received and filed.

Upon further inquiry by Commissioner Morris, Frances Chandler, Planning & Development Director, addressed the Board to advise a memorandum was submitted to the Board that had more discussion to this item.

Mr. Dwyer advised the issues addressed in the 6/21/99 memo are reflected in the proposed developer’s agreement.

Upon inquiry by Chairman Henley, Hugh Harling, representing the applicant, addressed the Board to advise his client does not mind providing a Lynx point of connection with this project. It would be subject to DOT and Lynx approval. He stated he would be providing a weatherproof facility subject to their specifications.

Commissioner McLain entered the meeting at this time.

Commissioner Van Der Weide entered the meeting at this time.

Upon inquiry by Commissioner Maloy, Mr. Harling advised he does not believe the transportation element is in the development order, but that is a commitment that CED has made for the first phase of construction.

Mr. Dwyer advised staff can come up with a verbiage for that in the developer’s agreement.

Richard Thomas, Transportation Specialist, addressed the Board to state right-of-way is definitely needed for shelters and staff will coordinate with Lynx on this issue.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final PUD Master Plan and Developer’s Commitment Agreement for LOMA Vista PUD, with the additional condition for Mass Transit element specifically for a 10 x 10 turn bay/bus stop that will require coordination with DOT and Lynx.

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

Chairman Henley advised that request to approve an Interlocal Agreement with East Central Florida Regional Planning Council has been pulled.

Commissioner Morris left the meeting at this time.

Matt West, Principal Planner, addressed the Board to present request to approve Preliminary Subdivision Plan for Chase Groves, Tract N, located near the intersection of Airport Blvd. and Old Lake Mary Road and abutting the east side of Bel Air Lake, Donald W. McIntosh Associates, Inc., on behalf of Sidney O. Chase III, owner. He stated staff supports the request with the following two amendments: (1) Reducing the required off-street parking space dimensions from 10 ft. wide and 20 ft. deep to 9 ft. wide and 18 ft. deep; and (2) Reducing the two-way driving aisle widths from 24 ft. to 22 ft.

Upon inquiry by Commissioner McLain, Mr. West advised traffic shouldn’t become a problem based on the townhomes being two bedrooms.

Upon further inquiry by Commissioner McLain, Mr. West advised he received phone calls in January, but since the plan has been revised, he has not heard anything from the area homeowners association.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan for Chase Groves, Tract N, located near the intersection of Airport Blvd. and Old Lake Mary Road and abutting the east side of Bel Air Lake, Donald W. McIntosh Associates, Inc., on behalf of Sidney O. Chase III, owner, with staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

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Cynthia Sweet, Planner, addressed the Board to present request to approve Plat Waiver for Heathrow Woods Lot 16, located on the north side of Harston Court, approximately 794 ft. south of Bridgewater Drive and 1 mile west of Markham Woods Road within the recorded plat of Heathrow Woods, Phase 3, Heathrow Land Co., Ltd. Partnership, owners. She stated staff recommends approval of the request.

Upon inquiry by Commissioner McLain, Ms. Sweet advised staff has not received any objections from area residents.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Plat Waiver for Heathrow Woods Lot 16, Heathrow Land Co., Ltd. Partnership, owners, with staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

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Carol Bowden, Planner, addressed the Board to present request to approve Preliminary Subdivision Plan for Lake Forest Section 8, 10A, 10B and 10C, located on the south side of Orange Blvd., north of SR 46 and south of Nevada Avenue, Orlando Lake Forest Joint Venture. The Preliminary Plan is part of the existing Lake Forest PUD. She stated staff has reviewed the plan and found that it meets all relevant development standards. Staff recommends approval of the request.

Upon inquiry by Commissioner McLain, Ms. Bowden advised staff has not received any comments from the area residents. She stated she does not know the net density of the project, but will provide that information to him.

Upon further inquiry by Commissioner McLain, Gil Backenstoss, Development Review Manager, addressed the Board to advise this parcel is located outside the Wekiva Protection Area.

District Commissioner McLain stated since this is a project that has been approved for many years, he can recommend moving forward with the request based on prior commitments of the Board on the overall development. He stated in the future, he would like staff to be in a position to answer his questions like what is the net developable unit per acre.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan for Lake Forest Section 8, 10A, 10B and 10C, Orlando Lake Forest Joint Venture, with staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

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Mr. West presented request to approve Preliminary Subdivision Plan for Heathrow Tract 35, located at the southeast corner of the intersection of Markham Woods Road and Paola Markham Road, Heathrow Land Co., Ltd. He stated staff recommends approval of the request.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve Preliminary Subdivision Plan for Heathrow Tract 35, Heathrow Land Co., Ltd., with staff recommendations.

Districts 1, 3, 4 and 5 voted AYE.

Bob Turk, Economic Development, addressed the Board to request economic incentives for AIG Warranty Services, Inc., contingent upon matching funds from the City of Lake Mary. The funds would be used to participate in the State of Florida’s Qualified Targeted Industry Tax Refund Program.

Tracy Grygiel, Economic Development Commission, addressed the Board to state Lake Mary is in competition with the City of Baltimore for this project. She reviewed what this business would entail.

Commissioner Morris reentered the meeting at this time.

Ms. Grygiel reviewed the estimated cost of the building, estimated capital investment and the return to the County. She stated Seminole County’s portion would be $165,000 of a required match to access to the State’s QTI program. The City of Lake Mary would provide a local match of $165,000 and they approved the matching funds last Thursday. She said AIG proposes to add 550 jobs within the next four years and the average annual wage would be $36,000.

Commissioner McLain discussed with Ms. Grygiel and Mr. Turk the State commitment of this project, what would happen if the Board did not approve the project, the average annual salary, and the capital improvements.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Resolution #99-R-90, as shown on page _________, approving Economic Incentive funds for AIG Warranty Services, Inc.

Under discussion, Commissioner Maloy stated he has voted against this program for reasons he stated before as to what government should or should not. He stated he has been hearing a lot of complaints on how fast the area is growing.

Commissioner McLain stated he feels the Board is targeting industry that will provide clean industry and to provide the type of businesses and salaries they want in this community. He stated he feels history will show the return the County has given to the taxpayers by offsetting the burden to the homeowners and placing more on the business community.

Chairman Henley stated the County needs to attract industry here in order to relieve the burden on the homeowners, and in order to do that, it is up to the Board to reduce taxes as taxes grow from industry. Therefore, he will be supporting the motion.

Commissioner Morris stated growth is going to come and it has been the same over the last 10 years. It is the County’s responsibility to educate the public on this subject and they have been successful.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

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

Michael Erick Airhart, #97011494MM - $100

Loretta Bailey, #98002313CJA - $100

Patrick C. Bogart, #G89003882CFA - $300

Angela (NEG) Bolduc, #98001750CJA - $50

Mary Boston, #98003280CJA - $100

Mork Broat, #98003282CJA - $75

Louis V. Buttice, #99001447MM - $200

Mark J. Capozzi, #97003237CFA - $350

Jason Corby, #98004193CFA - $200

Marcos Cruz, #98001983MM - $200

Dale R. Danahey, #98004074CFA - $100

Robert William Devine, #94001664MM - $200

Shawn Dunlop, #98000571MM - $200

William Edward Farrell, #98013085MM - $100

Janet Riggs Flannagin, #98001124CFA - $200

Robert Flowers, #91002562CFA - $350

Richard Bernard Frederick, Jr., #98000105CFA - $200

Pamela Gillie, #98003381CJA - $100

Phyllis Karen Goldberg, #91002889MM - $100

Jerome Grant, #93003169CFA - $200

Kyle Wayne Hagan, #98011247MM - $200

Michael Clements Hayden, #95002797CFA - $200

Mary E. Hirtz, #99002086MM - $200

Mary Hirtz, #98004715MM - $200

Melissa Jonell Holden, #96003559CFA - $500

Irene Victoria Hubbard, #96009537MM - $100

Phillip Hutter, #98003416CJA - $100

Kenneth James, #98000727MM - $200

Avin G. Long, #97000345CFA - $350

Howard Lieutenant Marshall, #94002868CFA - $200

Lewis Damaso Matias, #93002499CFA - $200

Carol McDermott, #98009406MM - $200

Veronica McGuire, #98003039CJA - $50

Walter McNeil, #90001460MM - $200

Sylria Miller, #98001379CJA - $100

Pablo A. Morrobel, #97004604CFA - $350

Jason Muddiman, #98003151CFA - $200

Jack Rosemond Mullis, #97001206CFA - $300

Theodore Newton, #98003785CFA - $100

Susan Phyllis Picotte, #99003997MM - $100

William L. Plaza, #98004458CFA - $375

William Roseberry, #98003370CFA - $200

Jimmy Samson, #98008276MM - $200

Laretha Sims, #98003842MM - $200

James W. Smith, #98010409MM - $300

Sherrell Sikes Smith, #97001235CFA - $200

Jessica Spivey, #97012920MM - $200

Kathy Tiefart, #98002815CJA - $100

Robert Lee Tincher, #98003767MM - $200

Bruce Tittsworth, #97013081MM - $200

Michael Utz, #98004682MM - $200

Xuong K. Vong, #98011632MM - $200

Lauren M. Williams, #98004749MM - $200

Joseph Wilson, #98007748MM - $200

Mark & Karen GZ Zaharis, #98002389CJA - $75

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

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

28. Bids as follows: #230-99; A/B-357; and A/B-361-99.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Budget Amendment Request in the amount of $720,000, recognizing revenue from inmate telephone commissions to be used for security cameras, wiring, and the telephone system at the Correctional Facility and for the replacement of vehicles.

Under discussion, Sheriff Eslinger discussed with the Board the funding process of the inmate mental health services, if the screening of the inmates will be contracted out, replacement of vehicles, security purposes, the commissary account, the screening process for those who have mental health problems, and if the County utilizes the Baker Act by getting help for those who have mental problems.

Chairman Henley stated he would like the mental health issue be considered separately.

Sheriff Eslinger stated the Correctional Facility is the County’s building and he manages it for the County. He stated he has identified funds to fix the security system in that facility as they do not work.

Commissioner Morris stated he feels that this item should be approved and any additional items, such as additional employees or additional vehicle maintenance, could come up during the Budget hearing process.

Commissioner Van Der Weide stated he understands the mental health issue, but he has some concerns with the other issues.

Commissioner McLain stated the Sheriff has a responsibility to the people and in his opinion, he has been conservative in making sure that the taxpayers’ money has been well spent. He stated he has come up with a way to solve some of the problems that are in dire need of correction without coming to the Board for additional funds from the General Fund.

Chairman Henley stated he has doubt in his mind that the fees are true commissary funds. He asked where would these fees go.

Sheriff Eslinger advised that the fees would go in the General Fund.

Districts 2 and 5 voted AYE.

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

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve Budget Amendment Resolution #99-R-87, as shown on page ________, for $250,000, outsourcing inmate mental health services, and the other items to be considered during the upcoming Budget review.

Under discussion, Chairman Henley explained for Commissioner Morris what the logic is for the proposed motion.

Motion by Commissioner McLain, seconded by Commissioner Morris to amend the motion to include $300,000 for the security enhancements that are necessary, but will not affect this year’s budget.

Under discussion, Chairman Henley stated he will support the amendment to the motion for the enhancements.

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

The Board then voted upon the main motion, as amended, with Districts 1, 2, 3, 4 and 5 voting AYE.

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Commissioner Morris stated he would like to bring back, prior to the public hearing process during this afternoon’s session, the list of RFP proposals for Legislative Consultants.

Mr. McMillan stated his office submitted the packets to the Board for their review. He stated the Board can give him direction as to how they want to proceed and this issue will be brought back in two weeks.

Commissioner Maloy stated he has not had a chance to review the packets, therefore, he is unprepared to make an intelligent recommendation.

Chairman Henley stated he would be reluctant to take this issue up this afternoon, as it is not on the agenda. He stated he would like staff to give the Board their recommendations. He added he would not want to rush this issue until the Board has a chance to consider it.

Commissioner McLain stated he has no problem addressing this issue this afternoon.

Commissioner Van Der Weide stated he has no objections addressing this issue this afternoon. He stated he feels that it is important to establish a team consisting of the Chairman, County Attorney, or his representative, and the County Manager authorizing them to work with the consultants when the Legislative session come to a close.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize discussing the issue of the RFP proposals for the Legislative Consultants at 1:30 p.m., before the public hearings.

Districts 2, 3, and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

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The Board recessed the meeting at 12:00 p.m., reconvening at 1:32 p.m., this same date with all Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

Chairman Henley advised the Board has requested discussion concerning the RFP's for legislative consultant.

Commissioner Maloy stated that in the time allotted, he did not have an opportunity to review the bids received. He said he finds it ironic that the Board heard a citizen's group presentation this morning with regard to the County's purchasing process, and the Board is wanting to act on an RFP that was not on the agenda. He said there has been limited time to look at the qualifications of the five companies.

The Chairman stated the Board needs to determine what selection process they wish to use.

Commissioner Morris stated he wants to move this item along and hopes the Board wants to also. He said he has reviewed the proposals and there are some firms more qualified than others. He said that he does not believe you change "horses", if you have had success. He further said that, in his opinion, the list was not significant enough to warrant a change in "horses". He reminded the Board that the current consultant was not his original choice. He added, however, it is clear to him that the County has been on the right track and has had success with the current consultant. He also reminded the Board that the legislative committee meetings will be starting early this year.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize staff to negotiate a new contract with Brantley & Associates as Legislative Consultants and to bring the contract back to the Board for action at the next meeting.

Under discussion, Commissioner Van Der Weide stated he does not have a problem supporting the motion.

Chairman Henley stated he has had an opportunity, with the present contract holder, to work with them and he does not have a problem from that standpoint. However, what he does have a problem with is that there are five proposals and some of them look very good. The proposal that is being supported is the highest cost and he hopes the staff is not negotiating a contract simply on what is suggested in the bid proposal. He added that he would have a hard time justifying the difference in cost to the taxpayers. Whereupon, Commissioner Van Der Weide agreed.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Consideration of water/sewer revenue bond issue, presented.

Commissioner Maloy stated staff has answered most of his questions on this item. He said he would have no problem, on the new debt portion, placing it on a future ballot.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-88, as shown on page _______, which approves the sale of 1999 Water & Sewer Revenue Bonds, Series 1999, and authorizes the use of sewer connection fees to cash defease a portion of the County's outstanding 1992 Water & Sewer Bonds; and to authorize the Chairman or Vice Chairman to execute the Purchase Agreement and other documents, as shown on page _______, required for closing.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris 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 a request to vacate and abandon a 25 foot drainage and utility easement for property described as located on the south side of Red Bug Road, just east of its intersection with Dodd Road, Tuskawilla United Methodist Church, Inc., received and filed.

Principal Planner, Matt West, addressed the Board to advise staff recommends approval.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-89, as shown on page _______, vacating and abandoning a 25 foot drainage and utility easement for property described as located on the south side of Red Bug Road, just east of its intersection with Dodd Road, as described in the proof of publication, Tuskawilla United Methodist Church, Inc., as recommended by staff.

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 C-2 (Retail Commercial) for property located on the north side of US 17-92, just west of I-4, William Kirchhoff, received and filed.

Planner, Gary Schindler, addressed the Board to present the request. He advised that at their May 5, 1999 meeting, the P&Z Commission recommended approval of the rezoning request to C-2. He stated the staff recommends denial of the rezoning.

Upon inquiry by the Board, Mr. Schindler stated the staff recommends denial of the rezoning due to the following: (1) The entire property lies within the 100 year flood plain as indicated on the FEMA mapping; (2) Portions of the property appear to be located within jurisdictional wetland areas; (3) The subject property lies within the Conservation Land Use Overlay as referenced on the adopted Seminole County Comp Plan; (4) Commercial zoning on the subject property would not be compatible with other proximate land use and zoning classifications; (5) The proposal is inconsistent with the Seminole County Comp Plan and applicable land development regulations; and (6) The applicant retains the reasonable and beneficial use of the property.

Commissioner Morris questioned what the future land use is on the adjacent A-1 property. Whereupon, Mr. Dwyer stated staff will get that information.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised currently there is no billboard on the property. He said it is his understanding that earlier this year the billboard was removed at the property owner's request.

Upon inquiry by Commissioner Maloy, Mr. Dwyer stated the entire piece of property is within the flood prone area and a good majority of it is in the wetlands.

Commissioner Morris questioned if any of this land is affected by the St. Johns River Bridge or interchange. Whereupon, Mr. Dwyer stated he cannot answer that question.

Discussion ensued with regard to the Memorandum (copy received & filed) from Frances Chandler and Lonnie Groot to the BCC regarding the proposed rezoning and the property being designated Conservation land use.

County Attorney, Robert McMillan, advised the determination of the wetland line would be done during the development review process when data is submitted or the flood prone area is delineated. He said normally the Board rezones property only above the flood prone elevation. In this case, the property may all be in the floodplain.

Mr. Dwyer pointed out on the overhead map the property that is designated commercial on the land use map as questioned previously by Commissioner Morris.

Commissioner Van Der Weide stated he is not sure what the public input is going to be with regard to this matter, but due to the lack of information, he will be relying heavily on the District Commissioner's recommendation.

Bill Kirchhoff, 2044 Hibiscus Court, applicant and property owner, addressed the Board to answer Commissioner Morris' question concerning the bridge and intersection, stating that according to the engineering drawing he has seen on the interchange, the side of the interchange his property is on will not be widened. All the property will come from the other side. He said this is not a piece of property that is out in the middle of nowhere; it is surrounded by some heavy uses. He stated that he understands staff's concern about rezoning property below the flood prone elevation. However, if you research the history of this, the floodplain was looked at because of density purposes. He explained that the subject property has had a billboard on it for over 50 years and it was taken down because it was nonconforming. He said he has been working with another sign company and will erect a monopole sign if the rezoning is granted. He said the other use under C-2 zoning, which is encouraged by the County, is marine use. He stated the County has a wetlands overlay on everything around the river including Katie's Landing, the Sanford Marina and the Sanford Boat Works.

Deputy County Attorney, Lonnie Groot, addressed the Board to explain the memo said that the property, because it is flood prone, has a conservation land use designation and rezoning is not compatible with the Comp Plan.

Upon inquiry by Commissioner McLain, Mr. Dwyer advised there is no provision for a special exception for outdoor advertising signs.

Mr. Kirchhoff questioned how anyone can use property around the river for commercial use with the interpretation staff is using. He said this is taking the property completely. He added he believes he has a right to use the property as it has been used for the last 50 years.

No one else spoke in support or in opposition.

Speak Request Form was received and filed.

Copy of the St. John's River Bridge Design Build Stage 1 Map was received and filed.

District Commissioner McLain stated the interpretation he is getting from the County Attorney is that the Board's hands are tied.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to enter a Development Order, as shown on page _________, denying request for rezoning from A-1 to C-2, for property located on the north side of US 17-92, just west of I-4, as described in the proof of publication, William Kirchhoff, as recommended by staff; and based on the complexity of this matter, if the applicant decides to come back with another request on this property, the County will waive the fees (except for advertising) and waive the waiting period.

Under discussion, Commissioner Maloy stated he would hope, since the applicant has been using the property in this way for 50 years, that the staff creative minds would come up with a plan to use the property. He added that this area has a lot of industrial and commercial uses.

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-1 (Single Family Residential) for property located on the west side of Lake Emma Road, east of and adjacent to Myrtle Lake, located between Lake Mary and Longwood, CHC Development, received and filed.

Mr. Schindler presented the request, advising the Board of the surrounding uses and site analysis.

Commissioner McLain left the meeting at this time.

Mr. Schindler advised the staff does not recommend the rezoning to R-1A. However, staff would have no opposition to rezoning the subject property, located above the post development flood prone elevation, to R-1AA. He further advised the P & Z Commission recommended the following: (1) Zoning to be revised to R-1AA, not R-1A, as requested by the applicant; and (2) The applicant shall dedicate a total of 45' of right-of-way on the west side of Lake Emma Road. He added that the P & Z Commission stated that, in light of the fact that the zoning compatibility formula indicated R-1AA zoning for the subject property, it would send the wrong message to recommend R-1A zoning, as requested.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised when staff used the matrix, the zoning for the property went from R-1AAA to R-1AA.

Commissioner McLain re-entered the meeting at this time.

Bill Holmes, representing the developer, addressed the Board to display a large aerial map (received & filed) depicting the surrounding lot sizes. He said this property is classified as transition and infill. He said the proposed lot sizes for R-1A are in the range of what is to the north and south of the property. He also said the County will be taking approximately 2.3 acres of the land for a retention pond and right-of-way for Lake Emma Road, which equates to about six lots.

Upon inquiry by Commissioner Van Der Weide, Mr. Holmes advised the average price of the homes will be $300,000 to $400,000.

Commissioner Maloy left the meeting at this time.

Mr. Holmes advised this will be a gated community. He added that due to the economics, they need to have flexibility on the size of the lots.

Sandy Burley (phonetic), representing CHC Development, addressed the Board to submit photographs (received & filed) of other subdivisions CHC Development has constructed. She advised their expertise is infill developments and upscale communities.

Commissioner Maloy re-entered the meeting at this time.

Ms. Burley stated that due to the widening of the road and irregular parcel, they need relief with regard to the lot sizes.

Gene Braddock, 1890 Lake Emma Road (subject property owner) addressed the Board to advise he has lived on the land for 51 years. He requested the Board to look at this fairly. He said the developer needs the R-1A zoning in order to make the project feasible. He said the County has shifted the centerline of the road to the west and all of the right-of-way will be taken from his property. He stated the developer will not put in an R-1A project, but needs the zoning in order to adjust some of their lot sizes.

District Commissioner Morris stated the County is acquiring property from Mr. Braddock for the widening of Lake Emma Road and for retention purposes. However, the County will be compensating Mr. Braddock, probably a hefty sum of money, for the property.

Sandra Principe, 1850 Lake Emma Road (subject property owner) addressed the Board to speak in support of the rezoning to R-1A, advising her property consists of 6.57 acres of land of which 1.6 acres will be condemned by the County for retention.

Ed Ballentine, 1840 Lake Emma Road, addressed the Board to advise he has lived on the property for 17 years and moved there because it was zoned A-1. He said he was approached by the developer and asked to also sell his property, but what they offered to pay was less than what the property was worth to him. He said his property is landlocked if the development goes in.

Joe Ruggieri, 1961 Lake Emma Road, addressed the Board to advise he has lived on the eastern side of the subject property for about ten years. His property consists of 11.5 acres. He said all he is hearing is dollar signs and money. He advised there are a lot of animals that live in the area and said he would like to see the property used as one-acre homes or A-1 zoning. He added he believes the requested rezoning is incompatible with the surrounding area.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner Morris stated for the last seven years, the Board has had a continuing policy to protect the land use along Lake Emma Road, particularly on the eastern side. He said he believes the staff has bent over backwards with the matrix to get the zoning from R-1AAA to R-1AA; and he was willing to support the R-1AA zoning. However, the R-1A is unacceptable to him. He stated both property owners will be compensated for the road and retention area. He said the economic argument does not hold water, therefore, he would recommend R-1AA zoning.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #99-19, as shown on page _______, approving change of zoning from A-1 to R-1AA, with staff recommendations, for property described as located on the west side of Lake Emma Road, east of and adjacent to Myrtle Lake, located between Lake Mary and Longwood, as described in the proof of publication, CHC Development, and to approve Development Order, as shown on page ______, for same.

Under discussion, Commissioner McLain stated he supports the District Commissioner. However, he wants to make sure that staff makes the developer strictly adhere to regulations dealing with endangered species.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of an Ordinance amending the Seminole County Code, entitled the Lot Clearing Ordinance, received and filed.

Deputy Building Official, Greg France, and Mr. Dwyer presented the proposed ordinance.

Mr. Dwyer stated that this ordinance, if adopted, goes hand-in-hand with their Division's budget for 99/00.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #99-20, as shown on page _______, entitled Lot Clearing Ordinance, amending the Seminole County Code, as described in the proof of publication.

Under discussion, Commissioner Maloy stated he hopes the County can use this as a tool where hazards can be taken care of without getting into the $100,000 fines. He warned that if this ordinance gets abusive, he will be the first one to call for its repeal.

Upon inquiry by Chairman Henley, Mr. France stated this will not be any kind of quick remedy; it will give the property owner a chance to correct the problem. He added that early on, the County wanted to avoid getting into the business of cleaning lots and the way the ordinance is written, it will prohibit that type of activity.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an ordinance prohibiting the co-mingling of alcohol and nudity, received and filed.

Mr. Groot presented the proposed ordinance, advising the City of Casselberry, per voter referendum, enacted an ordinance that prohibits nudity and alcoholic beverages to be co-mingled at places that are licensed by the State of Florida to possess or sell alcoholic beverages. He said the proposed ordinance would prohibit the same in Seminole County.

Upon inquiry by Commissioner Morris, Mr. Groot advised the ordinance has no exceptions for bona fide theatrical performances. He said accordingly a bona fide theatrical performance with nudity, without alcohol, would be lawful. Discussion ensued.

Pastor Mark George, 4921 S. US 17-92, representing Seminole County Citizens for Decency, addressed the Board to speak in support of the ordinance, stating he encourages the Board to close the doors and loopholes in this activity.

Commissioner Maloy commended Pastor George for taking a stand on the adult entertainment issue.

Commissioner Van Der Weide complimented Pastor George for his effort with regard to the referendum.

Mark Clifford, 941 Lake Charm Drive, addressed the Board to state he moved to the area a year and a half ago based on the hands-off approach by the local government. He said while he was getting established in the area, the Public Decency Ordinance was adopted and he did not have a chance to speak up against it. He said he is a regular user of this type of facility and he is opposed to the proposed ordinance. He said the Board cannot regulate this kind of activity; there will be other loopholes coming up and another ordinance will have to be passed. He added the ordinance will have a chilling effect on the arts.

No one else spoke in support or in opposition.

Speak Request Forms were received and filed.

Upon inquiry by Commissioner Morris, Mr. Groot advised the proposed ordinance does not ban bona fide theatrical performances with nudity, but it prohibits alcohol beverages being served during those performances. Discussion ensued.

Commissioner Henley expressed his concern with language on Page 4, Section 4(c) of the ordinance. Whereupon, Mr. Groot advised the word in the first sentence of Section 4(c) should be "or" instead of "of".

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #99-21, as shown on page ________, as amended in Section 4(c), prohibiting the co-mingling of alcohol and nudity, as described in the proof of publication.

Under discussion, Sheriff Don Eslinger addressed the Board to clarify the ordinance establishes this prohibition on a licensed premise.

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

Chairman Henley established that no Commissioner will be attending the NACo meeting in St. Louis. Therefore, he advised the Tax Collector, Ray Valdes, has informed him that he will be attending and could represent the Board if they wished.

Motion by Commissioner Morris, seconded by Commissioner McLain to designate Ray Valdes, Tax Collector, as the County's delegate to the NACo Conference.

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

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The Chairman advised the Economic Development Commission of Mid-Florida is requesting nominations to their Board in order to fill two seats. Copy of Letter from Darrell Kelley, President & CEO, was received and filed.

Commissioner Van Der Weide left the meeting at this time.

The Board briefly discussed the 1999/2000 Budget process.

The Chairman stated it is his understanding that the Acting County Manager and the new County Manager will attempt to balance the budget based upon the information they gleaned from the work sessions.

Commissioner Morris stated staff is supposed to bring back to the Board $1.5 million in cuts when the millage is set in July.

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Commissioner Maloy briefly gave the Board an update on the rezoning request of Phillip Emmer scheduled for this evening's meeting.

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Commissioner Morris discussed the progress of establishing a neighborhood park in The Crossings area. He advised it has been suggested that instead of acquiring property, the County join with the School Board to improve the school park as a model project.

The Board voiced no objections to Commissioner Morris and staff entering into discussions with the School Board and The Crossings Master Association in order to come to an agreement on a model for improving the school park for community use.

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Commissioner Morris advised he will be on vacation the first two weeks in July.

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Commissioner McLain advised that the Myrtle Avenue project and the bridge, which was on the ABC List, has been completed. He said the project came out nicely, but he was under the impression that there would be landscaping on each side of the bridge. He said that in doing this project, the County acquired some right-of-way and there is a small strip of property left. He suggested the Board might want to look into possibly acquiring the balance of the property because it would not be feasible to use it for anything but a park. The Board voiced no objections to staff looking into the feasibility of same.

Chairman Henley distributed copies of the Minutes (received & filed) of the May 12, 1999 and June 9, 1999 meetings of Metroplan.

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Commissioner Maloy distributed copies of Minutes (received & filed) of the May 27, 1999 LYNX meeting.

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

1. Copy of letter dated 6/7/99 to Mayor Paul Partyka, City of Winter Springs from Thomas Hagood, Chairman, Oviedo City Council re: Pre-development agreement between Winter Springs and Battle Ridge. (cc: Oviedo City Council, Winter Springs City Commission, Oviedo City Manager, Winter Springs City Manager, BCC)
2. Letter dated 6/10/99 to Chairman from Norman Wolfinger, State Attorney re: Events at Club Juana. (cc: BCC, Acting Co. Manager)
3. Copy of letter dated 6/7/99 to Sandra Glenn, Executive Director-ECFRPC (with attached 6/3/99 letter to Charles Lee from Colleen Rotella) from Charles Lee, Sr. Vice President-Fla. Audubon Society, Sam Kendall, Wekiva Protection Committee-Sem. Audubon Society, Keith Schue, Wekiva Issue Chair-Sierra Club, Phares Heindl, President- Friends of the Wekiva River re: Wekiva Area Study. (cc: as noted)
4. Letter dated 6/8/99 to Chairman from Linda Pizzica re: Summer Oaks Subdivision. (cc: BCC, Addressing)
5. Letter dated 6/10/99 to BCC from Rudy Maloy, President-FAC re: FAC and NACo presidencies.
6. Letter dated 6/10/99 to Acting Co. Manager (with attached ordinance) from Cynthia Bonham, City Clerk-Oviedo re: Annexation Ordinance 1088. (cc: Property Appraiser, Current Planning)
7. Letter dated 6/10/99 to BCC from Creekwood Homeowners Association re: Creekwood Development-concerns & requested restrictions. (cc: Gov. Bush, Senator Jennings, Representative Starks, Chairman-Planning & Zoning, Vice Chairman-Planning & Zoning, Editor-Orlando Sentinel, Oviedo Voice, Acting Co. Manager, Current Planning)
8. Letter dated 6/10/99 to BCC (with attached ad) from Janet Dougherty, City Clerk-Sanford re: Proof of Publication. (cc: Current Planning)
9. Minutes from the 5/13/99 Tourist Development Council Meeting.
10. E-mail dated 6/10/99 to Chairman from Chris Robinson, GIS Director-Donald McIntosh Associates re: Seminole County GIS. (cc: BCC, Acting Co. Manager)
11. Copy of letter dated 5/28/99 to Darrell Smith, Director-Office of Budget Services, Fla. Dept. of Revenue (with attachment) from Bill Suber, Seminole County Property Appraiser re: Proposed 1999/2000 Property Appraisers budget. (cc: BCC, Acting Co. Manager)
12. Letter dated 6/1/99 to Chairman from Bill Suber, Seminole County Property Appraiser. re: Ad valorem tax-Road District proportionate share. (cc: Fiscal Services Director, Finance Director, BCC, Acting Co. Manager)
13. Letter dated 6/1/99 to Chairman from Bill Suber, Seminole County Property Appraiser, re: Ad valorem tax-BCC proportionate share. (cc: Fiscal Services Director, Finance Director, BCC, Acting Co. Manager)
14. Letter dated 6/1/99 to Ken Roberts, Public Safety Director from Bill Suber, Seminole County Property Appraiser, re: Ad valorem tax-Fire District’s proportionate share. (cc: Fiscal Services Director, Finance Director, BCC, Acting Co. Manager)
15. Letter dated 6/1/99 to Chairman from Bill Suber, Seminole County Property Appraiser, re: Finalizing BCC Tax Roll. (cc: Fiscal Services Director, BCC, Acting Co. Manager)
16. Letter dated 6/1/99 to Chairman from Bill Suber, Seminole County Property Appraiser, re: Finalizing Road Improvement District Tax Roll. (cc: Fiscal Services Director, BCC, Acting Co. Manager)
17. Letter dated 6/1/99 to Ken Roberts, Public Safety Director from Bill Suber, Seminole County Property Appraiser, re: Finalizing Fire District Tax Roll. (cc: Fiscal Services Director, BCC, Acting Co. Manager)
18. Letter dated 6/1/99 to Chairman from Bill Suber, Seminole County Property Appraiser, re: Finalizing Stormwater Management Tax Roll. (cc: Fiscal Services Director, BCC, Acting Co. Manager)
19. Copy of letter dated 6/1/99 to Frances Chandler, Planning & Development Director (with attached map) from Paul Partyka, Mayor-City of Winter Springs, re: Cross Seminole Trail. (cc: Winter Springs City Commission, BCC, Principal Coordinator Natural Lands, Principal Planner, Acting Co. Manager)
20. Letter dated 6/4/99 to Chairman from Henry Dean, Executive Director-SJRWMD re: Clifton Springs meeting. (cc: BCC)
21. Copy of letter dated 6/10/99 to Donna McIntosh, Esquire (with attached 4/12/99 letter and 4/8/99 memorandum) from Frances Chandler, Planning & Development Director, re: Seminole Community College. (cc: BCC, Acting Co. Manager, Current Planning Director, Deputy Co. Attorney)
22. Copy of letter dated 6/9/99 to Alan Knust, Executive Director-Seminole Family YMCA from David Gregory, Solid Waste Manager re: Waste Tire Grant Funding. (cc: BCC, Acting Co. Manager, Environmental Services Director, Environmental Services Finance Manager)
23. Copy of memorandum dated 6/9/99 to Commissioner McLain from Lonnie Groot, Deputy Co. Attorney, re: Volunteering by Dale Barberi. (cc: BCC, Acting Co. Manager, Planning & Development Director)
24. Letter dated 6/2/99 to Chairman from Paul Schmelzer re: Ken Wright rezoning proposal. (cc: BCC, Acting Co. Manager, Current Planning)
25. Memorandum dated 6/8/99 to BCC (with attached chart) from Cindy Hall, Fiscal Services Director, re: Sheriff Office historical budget comparison. (cc: Acting Co. Manager, Sheriff)
26. Memorandum dated 6/10/99 to BCC from Frances Chandler, Planning & Development Director and Lonnie Groot, Deputy Co. Attorney, re: Kirchhoff Rezoning Application. (cc: Acting Co. Manager)
27. Copy of letter dated 6/10/99 to Frederick Nelson, Esquire-American Liberties Institute from Lonnie Groot, Deputy Co. Attorney, re: Amicus Brief. (cc: BCC, Acting Co. Manager, Donna McIntosh, Esquire)
28. Memorandum dated 6/4/99 to BCC (with attached article) from John Giantonio, Seminole Co. Sports Training Center Coordinator re: Training Center at Sylvan Lake Park.
29. Letter dated 6/1/99 to BCC (with attached report) from Randy Johnson, President/CEO and Jason Weeks, Seminole County Sports Marketing, re: April 1999 Activities report.
30. Copy of letter dated 6/8/99 to Peggy Green (with attached Land Development Code sections) from Lonnie Groot, Deputy Co. Attorney, re: Concurrency review requirements. (cc: BCC, Acting Co. Manager, Planning & Development Director, Current Planning Manager)
31. Copy of memorandum dated 6/9/99 to Colleen Rotella, Comprehensive Planning Manager (with attached letter from Percy Mallison, Director-Division of State Lands) from Lonnie Groot, Deputy Co. Attorney, re: Clifton Springs-FDEP response. (cc: BCC, Acting Co. Manager)
32. Notice and agendas for Seminole County Port Authority meeting on 6/16/99.
33. Letter dated 6/1/99 to every Seminole County City Mayor from Chairman re: Public Officials conference. (cc: BCC, Acting Co. Manager, City Managers, City Commissions)
34. Memorandum dated 6/1/99 to BCC, Sheriff, Clerk of Circuit Court, Supervisor of Elections, Property Appraiser, Tax Collector from Chairman re: Public Officials conference. (cc: Acting Co. Manager)
35. Letter dated 6/7/99 to Norman Wolfinger, State Attorney from Chairman re: Public Decency Ordinance. (cc: BCC, Sheriff, Frederick Nelson, Esquire-American Liberties Institute, Donna McIntosh, City Attorney-Casselberry, Acting Co. Manager, Deputy Co. Attorney)
36. Memorandum dated 6/8/99 to BCC (with attached summary) from Lonnie Groot, Deputy Co. Attorney re: Activities at Club Juana. (cc: Acting Co. Manager)
37. Letter dated 5/28/99 to Chairman from Ray Eubanks, Community Program Administrator-Dept. of Community Affairs re: County’s Compliance Agreement Plan Amendment. (cc: BCC, Acting Co. Manager, Co. Attorney, Sandra Glenn, Executive Director-ECFRPC)
38. Memorandum dated 6/7/99 to Chairman (with attached proposed contract) from Robert McMillan, Co. Attorney re: County Manager Contract. (cc: BCC, Acting Co. Manager)
39. Letter dated 6/1/99 to Chairman from James Berko, Executive Director-Seminole Community Mental Health Center, re: Mental Health/detoxification services. (cc: BCC, Community Services Director, Co. Manager)
40. Form letters dated 5/13/99 to Chairman in support of public park on Kewannwee Trail from the following residents: Rose & Kevin Brady, Celeste Bowers, Timothy Williams, Rebecca Williams.
41. Contracts for services, as shown on page _________, between the Parks & Recreation Department and the following: James Gibson (umpire), Chris Bullock (score keeper), Christopher Gray (instruct tennis), and Kristy Hammond (score keeper).

1. Memorandum dated 6/18/99 to BCC from Dick Boyer, Senior Planner, re: Proposed Changes to future land use designations. (cc: BCC Aides, Planning Staff)
2. Notice and agenda for City of Oviedo Council meeting 6/21/99.
3. Memorandum dated 6/21/99 to BCC, Planning & Zoning Commission/Local Planning Agency and Cindy Coto, Acting Co. Manager from Cindy Matheny, Current Planning Division, re: August 1999 Small Scale Comprehensive Plan Amendment Cycle.
4. E-mail dated 6/18/99 to BCC and Acting Co. Manager from Dick Boyer re: Information regarding Williams Co. Buccaneer Natural Gas Pipeline. (cc: BCC Aides, Assistant Co. Attorney, Planning & Development Director, Comprehensive Planning Manager, Development Review Manager, Development Review Planner, Principal Planner)
5. Letter dated 6/15/99 to Chairman from Ronald Schroeder, President-Casselberry Alliance Corp. re: Seniors 2000 Apartment Project. (cc: BCC, Frederick Leonhardt, Esquire)
6. Letter dated 6/17/99 to BCC (with attached report) from Diane Pickett, Time Warner Communications, re: Time Warner Cable Social Contract Progress report. (cc: Acting Co. Manager, Senior Cable Franchising Coordinator)
7. Memorandum dated 6/17/99 to attached distribution list from Lonnie Groot, Deputy Co. Attorney and Robert Gebaide, Assistant Co. Attorney, re: Land Development Code of Seminole County.
8. Memorandum dated 6/17/99 to BCC (with attachment) from Lonnie Groot, Deputy Co. Attorney, re: The Brechner Report-June, 1999. (cc: Acting Co. Manager)
9. Letter dated 6/8/99 to BCC from John Koehler, District Manager-Fla. Department of Agriculture & Consumer Services, re: Fire Protection Assessment for 1999-00. (cc: Acting Co. Manager, Fiscal Services Director, Public Safety Director, Co. Finance)
10. Letter dated 6/14/99 to Chairman from Darrell Kelley, President & CEO-Economic Development Commission of Mid-Florida re: Call for Board Recommendations. (cc: BCC)
11. Copy of letter dated 6/16/99 to Charles Gauthier, Dept. of Community Affairs from Susan Eberle re: Land Use Change. (cc: The Orlando Sentinel, The Orlando Weekly, The Seminole Herald, The Oviedo Voice, BCC, Governor Bush)
12. Letter dated 6/15/99 to BCC (with attached report) from Darrell Kelley, President & CEO-Economic Development Commission of Mid-Florida, re: EDC’s May activity report.
13. Memorandum dated 6/17/99 to BCC from Kenneth Roberts, Director, Public Safety, re: Request Information relative to Reverse 911. (cc: Acting Co. Manager)
14. Memorandum dated 6/17/99 to BCC (with attached tabulation sheet) from Lonnie Groot, Deputy Co. Attorney, re: State Legislative & Government Liaison Services RFP. (cc: Acting Co. Manager, Contracts Manager-Purchasing) (Note: Five responses referenced in memorandum are not attached, but were previously submitted into Records by Purchasing)
15. Letter dated 6/16/99 to BCC from Stephen McKenney Steck, President & CEO-WMFE, re: Seminole Government and Channel 24.
16. Letter dated 6/14/99 to Chairman from Richard Fowler re: Friends of the St. Johns. (cc: BCC, Co. Attorney, Comprehensive Planning Manager)
17. Letter dated 6/14/99 from Todd Davison, Director-Mitigation Division Federal Emergency Management Agency, re: Community Rating System. (cc: BCC, Acting Co. Manager, Planning & Development Director)
18. Notice of public hearing (variance) for the City of Lake Mary 7/1/99.
19. Copy of memorandum dated 6/16/99 to Frances Chandler, Planning & Development (with attached letter dated 6/14/99 to Winter Springs from Oviedo) from Lonnie Groot, Deputy Co. Attorney, re: Winter Springs annexation. (cc: BCC, Acting Co. Manager)
20. Copy of letter dated 6/15/99 to William Merck, Vice President-UCF from Robert Adolphe, Environmental Services Director, re: Seminole County/UCF exclusive bulk wholesale wastewater & reclaimed water service agreement. (cc: BCC, Acting Co. Manager, Co. Attorney, Dr. Joyce Clampett-UCF, Peter Newman-UCF)
21. Notice of public hearing (Development Permit No. 230-99) for City of Oviedo 6/21/99. (cc: BCC, Acting Co. Manager, Planning & Development Director)
22. Memorandum dated 6/14/99 to Chairman from Ray Valdes, Tax Collector, re: United Healthcare. (cc: BCC, Acting Co. Manager)
23. Letter dated 6/16/99 to BCC from Larry Visser, President-The Grove, re: Support of the Grove’s funding application.
24. Letter dated 6/7/99 to Chairman from State Representative Stan Bainter re: Annual meetings with local governments. (cc: BCC, Acting Co. Manager, Co. Attorney)
25. Memorandum dated 6/14/99 to BCC (with attached drawing) from Frank Van Pelt, Principal Engineer through Jerry McCollum, Co. Engineer, re: Entranceway Program. (cc: Acting Co. Manager)
26. Memorandum dated 6/10/99 to BCC from Antoine Khoury, Principal Engineer-Minor Projects through Jerry McCollum, Co. Engineer, re: Status of Minor Projects for FY 1998/99. (cc: Acting Co. Manager, Public Works Director, Public Works Administrative Manager)
27. Copy of letter dated 6/14/99 to Frances Chandler, Planning & Development Director from Donna McIntosh re: SCC Oviedo Center-Natural Buffer Condition. (cc: BCC, Acting Co. Manager, Current Planning Manager, Deputy Co. Attorney, Dr. Ann McGee, SCC President, Christyne Hamilton, Vice President for Administrative & Business Services-SCC, Janet Courtney, Esquire, Norman Cervenka, Construction Manager)
28. Letter dated 6/13/99 to BCC from Linda Batman re: Geneva’s of the World Heritage Preservation Pilot Project.
29. Letter dated 6/11/99 to the Brown Family from Suzy Goldman, Director Library & Leisure Services, re: Thank you for recent donation. (cc: BCC)

Commissioner Morris advised Human Resources did receive two NACo awards relating to the merit and award programs.

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Commissioner Morris advised that there will be an emergency meeting of the ECFRPC with regard to the Budget.

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Commissioner Morris advised the Florida Association of Counties is requesting an increase in membership dues. Whereupon, Ms. Coto advised that has already been placed in the budget.

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The Board, thereupon, recessed at 4:29, reconvening at 7:04 p.m. with all Commissioners and all other Officials, with the exception of Commissioner Van Der Weide, who was absent, and Deputy Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publications, as shown on page __________, calling for public hearings (continued from May 25, 1999) to consider Large Scale Comprehensive Plan Amendment from Suburban Estates to Planned Development; Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); and Notice of Proposed Change (NOPC) to an approved Development of Regional Impact (DRI); property located south of Markham Road and 2000 feet west of Orange Boulevard; Heathrow Development, received and filed.

Matt West, Principal Planner, addressed the Board to state Attorney Miranda Fitzgerald has requested to incorporate an additional 15 acres into the DRI/PUD and all three of these actions deal with that. He reviewed the past action of the Board to transmit the Future Land Use Amendment request to the State and continue the rezoning and Notice of Proposed Change to this date. He advised staff has received the response from the State on the land use amendment, and there are some issues with the Regional Planning Council and Department of Community Affairs (DCA) concerning the DRI amendment. He explained DCA comments have been satisfied; and in staff’s opinion, the documentation provided by the applicant has satisfied the comments of the Regional Planning Council. The DCA did not support the Regional Planning Council’s comments.

Cindy Matheny, Senior Planner, addressed the Board to present the Comprehensive Plan Amendment request from Suburban Estates to Planned Development and rezoning from A-1 to PUD. She stated the applicant is requesting the amendment and rezoning in order to add 15 acres in size to the Heathrow PUD. The applicant intends to develop single-family residential with a net density of 2.5 to 3 dwelling units per acre on the site. She stated the Objections, Recommendations, and Comment (ORC) Report from DCA included four objections relating to the project location within the Wekiva River Protection Area and consistency with the State Comprehensive Plan. Staff has prepared a response and included an analysis submitted by the applicant which they also support. Staff is recommending the Board adopt the Plan Amendment and rezoning, which would include approval of the proposed addendum to the Developer’s Commitment Agreement for the Heathrow PUD.

Upon inquiry by Commissioner McLain, Mr. West advised the development has a net reduction of 150 dwelling units in the Wekiva River Protection Area as one of their conditions in the development order.

Attorney Miranda Fitzgerald, Lowndes, Drosdick, Doster, Kantor & Reed, representing Heathrow Land Company, addressed the Board to explain what happened with DCA when they issued the ORC Report. She noted she thinks the point that they will commit to a net reduction of 150 dwelling units in the Wekiva River Protection Area got lost in the consideration by DCA. She believes they have dealt with every issue and shown they will have a reduction in impact on units as well as the natural resources in the area.

Chairman Henley read the written comments in support from June Smith, owner of the property; Rosemary Cohen, co-owner of the property; and Kelly Smith.

Sylvia Smith, 425 W. 18^th Street, heir to the owner of the property, addressed the Board to state the subject property was used as a residential family gathering place for many years. She expressed appreciation for the Board’s support.

Patricia Smith, 255 Gary Drive, addressed the Board to state she is a member of the family that owns the property and having played on it as a child, there are no environmentally sensitive concerns they know of. She advised she is an ecological consultant and has reviewed the property.

Francie Wynalda, 6101 Markham Road, addressed the Board to state she is the property owner of 10 acres and they have never done anything but raise horses and grow grass on the property. She said there are no gopher tortoises present. The developers indicated they want to save the trees on the property. She said she is on a septic tank and the fact this project would be on a centralized sewer system is a positive to her. She advised this is five miles from the river and she doesn’t see where that is going to have a negative impact.

Keith Schue, representing the Central Florida Sierra Club, addressed the Board to state the Sierra Club reiterates its standing objection to the addition of the 15 acres to the Heathrow DRI/PUD. He submitted his written comments (received and filed) to the Record with portions of the Wekiva River Protection Act, map of the native vegetation and 100 year floodplain, and comments from the St. Johns River Water Management District and East Central Florida Regional Planning Council.

Sam Kendall, 510 Hermits Trail, representing the Seminole Audubon Society, addressed the Board to read from the Florida Statutes on protecting the native vegetation within the Wekiva River Protection Area. He said the applicant has shown that five of the 15 acres are wooded and consist of live oak, laurel oak and other native vegetation, and that is what the Wekiva River Protection Act asks to be protected. He explained the trees, close to I-4, give the advantages of absorbing the carbon dioxide out of the atmosphere, as well as provide a wildlife habitat. He thinks it is reasonable to ask the applicant not to move any of the trees. He doesn’t think there has been an adequate study of the native vegetation and wildlife present, and the Board has asked the Regional Planning Council to do a study of the Wekiva River area. He said it seems the Board would want to wait until that study is completed and there has been an analysis of all the resources. He read comments (not received and filed) from Sandra Glenn, East Central Florida Regional Planning Council.

Commissioner Morris clarified for the Record that the Regional Planning Council has not taken an official position relative to the response by DCA.

Chairman Henley read the written comments of Phares Heindl for the Friends of the Wekiva River in opposition to the addition of the 15 acres into the Heathrow DRI and PUD.

Attorney Fitzgerald responded to comments by Mr. Kendall, noting some of the reasons she feels very strongly the request before the Board is in compliance with the Wekiva River Protection Act. She stated they have no intention of developing in the floodplain and will not touch the wetlands at all. She added the wetlands will be buffered.

Attorney Fitzgerald answered questions by Commissioner Morris. She advised the drainage is self-contained and does not drain into the river. It was designed in accordance with the Wekiva hydrologic basin criteria under the St. Johns River Water Management rules.

No one else spoke in support or in opposition.

Written Comment Forms and Speaker Request Forms were received and filed.

District Commissioner McLain stated it is not very often they have the opportunity to reduce the impact on a piece of property. He said he cannot "buy" the position that a property owner cannot do anything with this property. They have seen a good tract record of this particular developer and it speaks highly of him and the PUD to protect the trees and reduce the density by 150 units. It is hard to understand this is not a good thing. He said he will support the recommendation of staff.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt Ordinance #99-22, as shown on page __________, changing the land use designation from Suburban Estates to Planned Development, for property located south of Markham Road and 2,000 feet west of Orange Boulevard; as described in the proof of publication, Heathrow Development.

Districts 1, 2, 4 and 5 voted AYE.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt Ordinance #99-23, as shown on page __________, rezoning property from A-1 to PUD, subject to staff comments, including the rezoning Development Order, as shown on page __________, for the 15-acre site, and approve the Amendment, as shown on page __________, to the Heathrow PUD Developer’s Commitment Agreement.

Under discussion, Commissioner Morris stated the applicant is lowering the density and he thinks that is the intent of good planning. He thinks it’s a big mistake if people draw the line on this particular issue.

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

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve the First Amended and Restated Development Order, as shown on page __________, for Heathrow Development of Regional Impact.

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

Chairman Henley recessed the meeting at 7:58 p.m. and reconvened at 8:10 p.m.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from UC (University Community District) to PUD (Planned Unit Development); property located on the north side of McCulloch Road, west of Seminole Avenue, Phillip Emmer, received and filed.

Gary Schindler, Senior Planner, addressed the Board to present the request, stating this site is located directly east of Creekwood Subdivision. Mr. Emmer desires to locate a student housing apartment complex on the subject property. The land use designated on the Comprehensive Land Use Plan is HIP (High Intensity Planned Development).

Mr. Schindler stated staff understands that the plan they initially reviewed may no longer be valid so he would like to defer any recommendations and comments until such time he has heard the presentation from the applicant.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised what the Code requires for buffers and setbacks for abutting residential properties; and he explained why the County does not recognize UC zoning, and why it is not followed anymore.

Upon inquiry by Commissioner McLain, Mr. Dwyer advised the property owner would have no development rights under the current zoning without a zoning change.

Attorney Hal Kantor, Lowndes, Drosdick, Doster, Kantor and Reed, representing the applicant, addressed the Board to disclose for the Record that he communicated with each Commissioner and staff regarding this item and his client has communicated with the same people and with the homeowners. He said he will repeat tonight the information said in those meetings. He submitted to the Board and to the Record a notebook of documentation including: (1) Application for Change of Zoning; (2) Traffic Impact Study; (3) Seminole County Staff Recommendations; (4) Memo from John Dwyer on the zoning history; (5) Planning & Zoning meeting Minutes; (6) Letters regarding his client’s operations in similar projects in Gainesville; (7) Compromise Site Plan; (8) Modified set of Conditions of Approval; (9) Zoning Regulations; (10) PUD Zoning Regulations; (11) Original UC Zoning Regulations; (12) Active/Passive Rules in HIP Guidelines; and (13) Presentation.

Attorney Kantor gave his computer presentation at this time covering the request by Mr. Emmer, the history, the objections, and the conditions of approval.

Upon inquiry by Commissioner McLain, Attorney Kantor stated anyone can rent an apartment as this project is not limited to students.

Sherry Sheara (phonetic), 2841 S.W. 13^th Street, Gainesville, manager of an apartment complex in Gainesville, addressed the Board to state she highly discourages sub-leasing.

Attorney Kantor exhibited a map (copy received and filed) of the apartments design, showing how the water was moved to the north and west side of the property. He said the wall is to be five feet inside of the property. He stated the project is moved further to the east. He said Mr. Emmer has an option on 8 acres to the east which is the same zoning, and if this request is approved, he will come back to the Board and ask for a similar approval. He said if there is a shortage of parking on the subject parcel, they can provide it on that extra acreage.

Attorney Kantor advised Commissioner Maloy that his client will build whatever size wall the Palm Valley residents want.

Phillip Emmer, applicant, 2801 S.W. Archer Road, Gainesville, addressed the Board to state he received a letter from Mr. Fradkin (copy received and filed), a copy of which was sent to Mr. Dwyer and the Palm Valley Homeowners Association, where Mr. Fradkin agreed to fulfill the commitment originally made concerning paving Seminole Avenue and a rear exit road from Palm Valley. He said, apparently, he and the Palm Valley residents are satisfied.

Mr. Dwyer discussed three issues brought by Attorney Reed. He distributed a map to the Board (received and filed) showing what was all UC zoning at one time. He stated staff is recommending the exterior lighting for the site be 16 feet in height. He submitted a letter (copy received and filed) from Mr. Fradkin relative to the improvement of the road. He pointed out that if there is a shortage of parking, Mr. Emmer will proceed to the property to the east for the additional parking. Mr. Dwyer also discussed the ordinance Orange County is developing on relative to student housing and parking, and he explained the difference in the type structures for students, singles, and married couples. During discussion with Mr. Emmer, Mr. Dwyer stated the applicant’s definition does not qualify for student housing as defined by Orange County.

Commissioner McLain advised he received some information concerning Knight’s Krossing and hundreds of police calls made. He asked Mr. Emmer to submit his documentation to the Record regarding the kinds of calls made to the police from his Gainesville development.

Attorney David Shields, 1065 Maitland Center Commons Boulevard, representing Creekwood Homeowners Association corporately, addressed the Board to state they believe they should support the development as it is permitted by the existing Growth Management Plan and zoning regulations. They are concerned if this project is not approved, the next one may be a much more undesirable neighbor. He said they are generally in agreement with all the conditions. Instead of the homeowners, he asked that Mr. Emmer maintain the trees. He asked the County to reconsider the present Code concept as single family residential does not belong in a land use classification called high density residential.

Commissioner McLain discussed the issue of maintaining the trees with Attorney Shields and said he thinks it is reasonable to guarantee if the trees die, they would be replaced by the developer.

Commissioner Maloy questioned Attorney Shields about the conformity of the wall height. The consensus of the residents present was for the wall to be six feet in height.

Commissioner Morris suggested the perpetual maintenance on the trees for 10 years and if they die, they will be replaced with a caliper tree equal to the size when it died. He said if there is a wall, there would be an outfall through the wall for sheetflow.

Robert Anderson, 3926 Breakwater Drive, President of Palm Valley, addressed the Board to reiterate comments by Attorney Shields and to state they are in support of Mr. Emmer 100%.

Chairman Henley read the written comments from Denis McGuire in support.

Susan Eberle, 652 W. Palm Valley Drive, addressed the Board to state student housing is not compatible with single family homes. She submitted an 86-page report (copy received and filed) to the Board on the number of calls made to the police from Knight’s Krossing. She said their neighborhood has been adversely impacted by Knight’s Krossing. She gave the statistics on the number of calls to the police. She said Seminole County should adopt such an ordinance as Orange County’s. She said student housing belongs on campus, and she asked the Board to suspend action until they address the serious crime issue. She submitted a copy of a 1,403-page report (received and filed) of the calls from Knight’s Krossing to Orange County police for service, and reviewed the kinds of calls made totaling 4,451.

Attorney Linda Dorian, 11438 Swift Water Circle, Riversbend Board of Directors, addressed the Board to state she is the appellant who appealed the staff recommendations in Orange County to proceed with Phase IV of Knight’s Krossing, which is now in litigation. She stated she agrees that single family residential does not belong in an area of high density. She asked what is UCF doing to meet the housing needs of its students. She said she thinks UCF has a significant obligation to its students. The students need to live in a safe area. She said these are young people living for the first time away from their parents on their own. She said 20 to 25% is not an unreasonable request to make to the University for housing. When they don’t meet those needs, it means that Orange County and Seminole County have to meet those needs. She said she hopes Seminole County considers, with their colleagues in Orange County, to go with a delegation to meet with President Hitt on providing safe housing on campus. Chairman Henley stated the University doesn’t control the building of student housing, but that is the State Legislature.

Attorney Dorian submitted to the Record a copy of a letter to the Board from Dana Jones, Treasurer of Riversbend Homeowners Association.

Chairman Henley read the written comments of the following in opposition: Barbara Leitholf, Keith Lucier, Robin Lucier, Evelyn Bilicky, Tom Galloway, Ruby Galloway, and Lewis Cherry.

Mr. Dwyer advised Commissioner McLain that if the Board wishes, staff can reevaluate the Code allowing lesser density in high density areas.

Attorney Kantor stated the applicant agrees to do tree replacement within the ten-year period.

Upon inquiry by Commissioner Morris, Mr. Emmer stated he agrees to providing a cut-out for the drainage flow rather than trapping it behind the wall. Also, he agrees if there is a need for overflow parking, they will do that. Regarding the trees and maintenance, Mr. Emmer said they had talked about Crepe Myrtle, but they will bring in the homeowners on this decision. If the Board wants them to maintain the trees, they will do that.

Under discussion of the type of suitable trees, Attorney Kantor said he will come back with a landscaping plan. He corrected Condition of Approval #3, stating the height of the lighting is 16 feet.

District Commissioner Maloy stated he agrees that UCF should handle more of the student housing. He spoke with the Vice President of University Relations who said 20% is in their master plan and next summer the school is going forward with 1,600 units on the south side of the school.

No one else spoke in support or in opposition.

Written Comment Forms and Speaker Request Forms were received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Maloy, to adopt Ordinance #99-24, as shown on page __________, rezoning from UC (University Community District) to PUD (Planned Unit Development); property located on the north side of McCulloch Road, west of Seminole Avenue; as described in the proof of publication, Phillip Emmer, with the 18 Conditions of Approval as identified, with #3 modified from 18 feet to 16 feet; for Condition #7, the wall will be six feet high, uniform throughout, and the wall will be engineered to accommodate the drainage; and maintenance (replacement) of the trees will be by the applicant for 10 years.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:47 p.m., this same date.

ATTEST_______________________Clerk____________________Chairman

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