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 26, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Dick Van Der Weide (District 3)

Vice Chairman Randy Morris (District 2)

Commissioner Grant Maloy (District 1)

Commissioner Carlton Henley (District 4)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Absent: Commissioner Daryl McLain

Dr. Guy Walden, Sanlando Springs First Baptist Church, Altamonte Springs gave the Invocation.

Commissioner Morris led the Pledge of Allegiance.

Dennis Decker, National Weather Service Forecast Office in Melbourne, addressed the Board to present StormReady Road Signs to Kevin Grace, County Manager, and Joe McCluan, Public Safety Emergency Management. He stated these signs will be posted throughout the County for everyone to see and he appreciates the fact that Seminole County is storm ready.

Robert McMillan, County Attorney, addressed the Board to advise of an Add-on, 2a, authorization for Legal Counsel to extend an Offer of Judgment relating to Prairie Construction Company, Inc. vs. Seminole County; and 2b, authorization to defend in the captioned case, Lynn Berger, et. al. v. Board of County Commissioners. He briefly reviewed the background of the Prairie Construction litigation.

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

Under discussion, Commissioner Morris stated he will be voting in favor of the motion, but he would like to remind the Board that this was a matter that he and Commissioner Henley did not concur with at that time.

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

Kevin Grace, County Manager, addressed the Board to advise that he has submitted backup for Item #9, BCR 01-112. He stated the correct address for Item #33 is 2971 W. 5^th Street, not 2974 W. 5^th St.

Jerry McCollum, County Engineer, addressed the Board to explain for Commissioner Henley why the reimbursement policy was not included in the regular contracts for maintenance and upkeep and why he did not see the required standards for Item #50, Landscaping Reimbursement Policy.

Commissioner Henley stated the one concern he has is if a policy is established and the only thing they have is the cost of the policy, what level of standards is the County going to expect from the homeowners’ associations, what are the recourses if they don’t comply, and are the standards established going to be superior to the rest of the medians in the County.

Mr. McCollum explained an agreement will be worked out to cover those issues. The County usually mows around 24 cycles a year and the homeowners associations level of maintenance is three to four times more than what the County does now.

Upon inquiry by Commissioner Morris, Mr. McCollum advised the Board asked staff to come up with a policy and to try to come up with some equity to maintain certain parts of the roads, especially the medians. Staff is looking at medians on collector or arterial roads and they have to be about a mile long.

Chairman Van Der Weide stated he would like to get the potential overall cost as he feels that other associations will be calling the Board’s office voicing their concerns.

Commissioner Henley stated what he is concerned about is the impact and what the residents will think of this when they want their area beautified to higher standards. He stated what justification is the County going to give them.

Mr. McCollum stated staff has set criteria and if you go below that criteria, the cost will go up.

Commissioner Morris stated he believes that Commissioner McLain had requested that the landscaping policy be established and he feels the Board should continue this item to the August meeting.

Mr. McCollum stated he would be happy to bring this back in August and meet with each Board member to brief them on this issue.

Motion by Commissioner Henley, seconded by Commissioner Morris to withdraw request to approve establishing a Landscaping Reimbursement Policy to pay $5,120 per mile to those Homeowners Associations that meet the criteria outlined herein for maintaining portions of County roads; and to bring it back on August 28, 2001.

Under discussion and upon inquiry by Commissioner Maloy, Mr. McCollum advised the County would reimburse the city for the basic maintenance cost.

Commissioner Morris stated he would like to know about the neighborhoods that cannot afford improving their areas.

Commissioner Henley stated he feels the residents will have something to say about the high weeds not being mowed on right-of-ways and ponds.

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

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Colleen Rotella, Planning, addressed the Board to answer questions for Commissioner Henley relating to Item #40, Approve Option Agreement for purchase of the 140-acre Central Florida Electrical Workers Club, Inc. property, for a purchase price of $200,000.

Commissioner Morris stated he feels that this is a good price for this property. He asked if staff contacted the St. Johns River Water Management District (SJRWMD) relating to this purchase. He stated the SJRWMD has a policy trying to break down the dikes anywhere in the St. Johns system and this would be a classic purchase for them.

Ms. Rotella stated the County has a standard agreement with them to discuss joint purchases.

Upon inquiry by Commissioner Morris, Ms. Rotella advised staff can pursue an agreement with SJRWMD, but staff’s priority was the trailhead.

Commissioner Morris stated based on the discussions, he would recommend pulling this item for a separate vote.

Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman to execute an Option Agreement, as shown on page _________, for the purchase of the 140-acre Central Florida Electrical Workers Club, Inc. property located on Lake Harney/St. Johns River for a purchase price of $200,000, with the provision that the SJRWMD be pursued and staff to report back to the Board of what the St. Johns River Water Management District’s intentions might be.

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

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Commissioner Morris referred to Item #39, approval of Memorandum of Agreement with the Florida Dept. of Agriculture and Consumer Services Division of Forestry (DOF). He stated it seems the County is engaging not just into a financial partnership reimbursement, but are obligating themselves to mainly using them and how the County would use them. He said he would like to know if DOF is going to come back to the County and question the nature of who the County hires if it’s not DOF.

Upon inquiry by Commissioner Henley, Jim Duby, Planning, addressed the Board to advise the County is not handing over management decisions to DOF. He stated other counties and state agencies have entered into the same agreement with DOF.

Ms. Rotella stated the intent of the agreement with DOF is to give the County flexibility from a time and speed standpoint. She stated the County has a similar agreement with St. Johns River Water Management District and the County can use those same services at the time they choose to.

Commissioner Morris stated DOF has less obligations than the County and he feels that staff needs to brief the Board more on this issue as he is a little confused.

Motion by Commissioner Morris, seconded by Commissioner Maloy to continue to August 28, 2001 request to approve Memorandum of Agreement with the Florida Dept. of Agriculture and Consumer Services Division of Forestry, to allow staff time to brief the Board on this issue.

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

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

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

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

Penny Fleming, Director of Staff Services, addressed the Board to answer questions for Commissioner Henley relating to Item #63, Budget Amendment Request in the amount of $273,623.

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

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

Motion by Commissioner Morris, seconded by Commissioner Henley to approve conversion of temporary Mediation Coordinator position to permanent position, which is funded entirely by user fees and filing fee surcharges.

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

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Chairman Van Der Weide stated he has noticed that certain tabs for the agenda are numbered 6-13, 16-37 and 53-57 and it is hard for the Board to look at the backup material. He stated he would think it would be beneficial to have tabs for each one of the agenda items instead of being bunched together.

Buddy Balagia, Principal Planner, addressed the Board to request direction on Options 1, 2, or 3, regarding acceptable construction techniques allowed to implement the County’s Housing Reconstruction Program. He reviewed the three program options relating to concrete block homes, wood frame site-built homes and factory-built homes as outlined in the agenda memorandum.

Chairman Van Der Weide stated he has a concern that due to the life-style that is in Florida pride and ownership is very important and that is what is being established. He stated he feels that if a citizen is put into something that is going to be a maintenance nightmare, he has a concern that the pride and ownership is going to disappear in a few years. He would recommend that if they have to build fewer homes, build them so they will last so that the County will not have to readdress this in a few years based on the people having the ability to maintain those homes that are poorly constructed.

Commissioner Henley stated he has visited modular plants and their specs and standards are more closely inspected and watched than what is on the site-built homes. Any house that is built will have to have reasonable upkeep. He stated he thinks this is a reasonable thing to do and modular homes that are already in the County are serving well. The specifications and wind load for modular homes are the same as concrete block homes.

Commissioner Maloy stated after further review and hearing the presentation by staff, the modular homes seem to be pretty well built. He stated there are a lot of block homes in the County that are in pretty bad shape and the responsibility of keeping the homes up require a certain amount of maintenance.

Tim Howard, Planning, addressed the Board to state if an individual owns a home, whether it is block, built on-site or modular, and is kept up in a reasonable manner, they will have the same longevity.

Chairman Van Der Weide stated he doesn’t think the County has to drop down in quality in order to meet the budget for something as important as a family residence.

Commissioner Morris recommended continuing this item to this afternoon’s meeting as Commissioner McLain will be in attendance, and he would like a better explanation on this issue as well.

The consensus of the Board was to bring Item #65, Housing Reconstruction Program, back during the 1:30 p.m. meeting.

Ian Ratliff, Principal Planner, addressed the Board to request approval of an eight-lot Preliminary Subdivision Plan for the Sandy Oaks Subdivision; property located approximately ½ mile south of Sand Lake Road at the east end of Sandy Lane, Huskey Development Co., Inc. He stated private septic tanks are proposed with potable water to be provided by the developer through Sanlando Utilities, Inc. A sidewalk is being proposed along one side of the existing Sandy Lane right-of-way from Sand Lake Road to the project entrance. He stated staff is recommending approval of the request.

Chairman Van Der Weide surrendered the gavel to Vice Chairman Morris for the purpose of offering a motion.

Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve an eight-lot Preliminary Subdivision Plan for the Sandy Oaks Subdivision, with the sidewalk requirement specified; property located approximately ½ mile south of Sand Lake Road at the east end of Sandy Lane, Huskey Development Co., Inc.

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

The gavel was returned to Commissioner Van Der Weide, who assumed the position of Chairman.

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Request for Board’s consent to allow Lake Mary Development Partners to apply for a Land Use Amendment and Rezone of County-owned property described as approximately two acres of land lying on the north side of Lake Mary Blvd., approximately ½ mile west of Hidden Lake Drive, presented. Lake Mary Development Partners’ plans were received and filed.

Chairman Van Der Weide recessed the meeting at 10:38 a.m., to allow the Board time to review the plans just submitted. The meeting was reconvened at 10:50 a.m., with all Commissioners being present.

Commissioner Morris stated Lake Mary Development Partners has a site that involves county-owned land that has stormwater retention on Lake Mary Blvd. and is in front of a power station. It is a blighted site and the power station has been there for many years. He stated he has tried to work with the applicant to move forward with the City of Sanford. The public purpose is to move the pond to the back and block the power station from the roadway. This is what staff was attempting to do, but it didn’t happen.

Matt West, Planning Manager, addressed the Board to state J.R. Ball, Public Works, contacted him requesting that the retention pond be moved off the frontage of Lake Mary Blvd. An application had been forwarded to the City of Sanford requesting authorization from the County to proceed with the land use and rezoning. Since then he and Ian Ratliff have met with Commissioner Morris and the applicant’s engineer. He met with Antonio Gurley from the City of Sanford and the City has two land use categories, Neighborhood Commercial and General Commercial. The City indicated that they felt General Commercial would not be appropriate in this area, but Neighborhood Commercial might be appropriate. He stated staff could sit down with the developer and the City of Sanford to negotiate the conditions and restrictions on this property. There is a brand new subdivision on the north end of Sterling Pine Drive and staff wants to make sure that the entrance for that subdivision is protected. If the applicant proceeds with a Planned Development zoning and land use and work with staff, there may be an opportunity to have all of these conditions worked out by December. If the County is not satisfied, staff can withdraw their participation.

Upon inquiry by Chairman Van Der Weide, Mr. West advised it would be a swap and they would move the retention pond back behind some commercial development that is proposed along the frontage of Lake Mary Blvd.

Commissioner Morris stated the applicant needs to make a project that is aesthetically pleasing and not intrusive to the residential area. He said the plan that was submitted is unacceptable. The key is Lake Mary Development Partners has indicated that they would like to work with the County.

Mr. McMillan stated this type of procedure was done south of Howell Branch Road. He stated discussions are still ongoing relative to the completion of that swap. He said the Board can go ahead and apply for the necessary changes, but the County would still control that application and they can withdraw it at any time.

Chairman Van Der Weide stated he would like to know the latest input from the City of Sanford.

Mr. West stated Antonio Gurley expressed some concerns over the land uses that are in the area. RP is a Resource Protection land use and Ms. Gurley thought extensive filling might be a problem because a mini-warehouse is being proposed at the back of the property. The applicant is requesting General Commercial and Ms. Gurley indicated that was not acceptable. The City of Sanford has not received the latest plan and they do not have as much information as the County does thus far. Discussion ensued.

Commissioner Morris stated they have a landowner that can potentially work with the County, and staff does not recommend the particular plan submitted and it is also rejected by the Board.

Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Lake Mary Development Partners to apply for a land use amendment and rezone of County-owned property described as approximately two acres of land lying on the north side of Lake Mary Blvd., approximately ½ mile west of Hidden Lake Drive, subject to discussions by the Planning staff and the County Attorney, and with the Board members to be briefed during the process, and the County may withdraw its support for the application with the City of Sanford. This includes the County Manager sending an authorization letter with the conditions.

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

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The Board recessed the meeting at 11:03 a.m., reconvening at 1:35 p.m., this same date, with all Commissioners, including Commissioner McLain, with the exception of Commissioner Randy Morris who entered late, and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.

Districts 1, 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 OP (Office Professional) for property located at the southwest corner of SR 46 and Henderson Lane, Holy Cross Lutheran Church/Joel T. Arnold, received and filed.

Senior Planner, Kathy Fall, addressed the Board to present the request, stating the applicant proposes to construct a preschool facility if the rezoning is approved. She advised the applicant has submitted a site plan and it is in compliance with the Land Development Code. Staff recommends approval of the requested rezoning.

Joel T. Arnold, representing the applicant, addressed the Board to advise they agree with the staff recommendations and will answer any questions.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Henley to adopt Ordinance 2001-29, as shown on page ________, granting a request to rezone from A-1 (Agriculture) to OP (Office Professional) for property located at the southwest corner of SR 46 and Henderson Lane, as described in the proof of publication, Holy Cross Lutheran Church/Joel T. Arnold.

Districts 1, 3, 4 and 5 voted AYE.

Proof of publication, as shown on page ________, calling for a public hearing to consider the adoption of the One-Cent Local Option Infrastructure Sales Tax Ordinance and Resolution; Interlocal Agreement with the School Board and seven Cities; and BCR #01-89 and BCR #01-90, received and filed.

Public Works Administrative Manager, Pam Hastings, addressed the Board to state the Board has before them for consideration (per May 8, 2001 direction) the proposed Ordinance and Resolution for the One-Cent Local Option Infrastructure Sales Tax, which sets the ballot language and the special referendum election on September 4, 2001. In addition, the interlocal agreement with the School Board and the seven cities dealing with the distribution of the sales surtax is also before the Board.

Commissioner Morris entered the meeting at this time.

Ms. Hastings continued with a power point presentation (copy was received & filed), advising it is estimated that a family of four with an income of $50,000 would pay approximately $127.20 per year. Tourists and visitors will contribute over $9 million per year. She also advised that there is a unanimous partnership among all seven cities and the School Board, compared with the 1991 tax, when there were only four cities in agreement. She stated this proposal will not only be for transportation but will also include education. She explained that the levy over ten years would raise approximately $534 million and approximately $133 million would go to the education system and $401 million for roads. She briefly reviewed the school projects and transportation projects earmarked for this money.

Zea Proctor, 8 Jackson Court, addressed the Board speak in opposition, stating that if there are unfunded needs in the schools, why doesn't the School Board go to the voters themselves, instead of settling for 25% of the $500 million when it will only cover half of the deficit they believe exists. She discussed the School Board's list of projects, noting that they plan to convert some of the open plan rooms at Red Bug Elementary and add classrooms to get 15 classrooms at a price of $7 million. However, they plan on building a new school with 35 classrooms for only $11 million. She questioned if they can build a new school with new classrooms for 1/3 of a million dollars per classroom, why would they renovate for a 1/2 million per classroom. She stated that with this leadership, it is understandable why the schools are in such bad shape.

John F. Kennedy, 823 Locust Ave., Orlando, addressed the Board to speak in opposition of the sales tax, stating it is anti-business and will drive business from Seminole County to Orange County. He said that Orange County has 2 1/2 times the population of Seminole County; however Orange sells more than 3 1/2 times as many new cars as Seminole.

Commissioner McLain pointed out that all the Board is doing at this public hearing is putting this issue on the ballot so that citizens can decide whether to have the tax or not.

Commissioner Henley advised the sales tax only applies to the first $5,000 of a car purchase.

Marcus Vahle, 2610 Overlook Cover, Merritt Island, addressed the Board to state he is not opposed to letting the voters decide the issue, but he does not feel that setting the election the day after Labor Day will give a fair answer to the question.

Chairman Van Der Weide stated that in the last ten years, the County has had five elections held on the day after Labor Day. He added that this is not a trick.

Mr. Vahle stated that the proposed tax resolution certifies that "Seminole County and its municipalities are presently without sufficient revenues to adequately fund infrastructure needs" while the "Tax & Spend" County Commission has increased County spending at a rate four times as fast as the population growth. He stated that one of the proposed projects is a pedestrian overpass at a "future location". He questioned how badly the County needs a $4 million overpass at an undetermined location.

At the request of the Board, County Engineer, Jerry McCollum, addressed the Board to explain the overpass is needed at two different locations - the specific location will be determined at a later date.

Commissioner McLain requested staff to clarify that language in the documents so that the unknown location is eliminated.

Commissioner Henley advised Mr. Vahle that Seminole County has one of the lowest millage rates in the State.

W. Mark Clifford, Co-Chairman of Stop the P.E.S.T., addressed the Board to state the "Tax and Spend" County Commission is growing the local government at an alarming rate.

Commissioner McLain stated he would like to hear from Mr. Clifford why the Board shouldn't allow the voters to vote on the issue.

Mr. Clifford stated it's a matter of government getting bigger. He said he knows this issue is going to be on the ballot because it has already been decided in side meetings and back rooms. He requested the Board to stop spending government resources trying to find out how to make government bigger. A copy of "Stop the Penny Extra Sales Tax" booklet was received and filed.

Maggie Nieves, 244 Nandina Terrace, was called on to speak, but she declined.

Larry Lawver, 1010 Willa Lake Circle, addressed the Board to advise he is the Chair of the Libertarian Party and he opposes the proposed penny sales tax. He stated the tax would collect money from Sanford students to pay for construction on north/south one-way streets in downtown Oviedo. If the residents in Oviedo wish to have ever escalating taxes, they may vote to do so. However, why should the rest of the citizens pay for Oviedo's amenities when they don’t use them.

Franklin Perez, 598 Carrigan Woods Trail, addressed the Board to speak in opposition of the proposed tax, stating it will drive business to other Counties that do not impose the tax. He said he objects to the tax being used to improve State and Federal roads. These improvements should be done by the State and the Federal government. He questioned why the School Board does not ask for a special tax for themselves alone when they have the power to do so.

John Wayne Smith, 203 W. Magnolia St., Leesburg, addressed the Board to state he has no problem with this issue being put on the ballot. He read a statement (received & filed) into the Record, stating Seminole County is an example of the Republicans’ love of big government and this sales tax is needed to fund their big government activities.

Doug Guetzloe, representing Ax The Tax, addressed the Board to advise his organization has led the fight against tax increases. He urged the Board to embark on a process of reform and bring accountability back to government. He stated he does not believe this has to be put on the ballot today. He suggested the Board involve the people in the process before deciding to put this on the ballot. He expressed concern about the requested budget change amendment in the amount of $161,000, stating this tax money should not be used to convince voters to vote for the tax. He requested the Board allow Ax The Tax to present an opposing opinion on the information that is sent by the County to the voters.

Chairman Van Der Weide stated the Board is not going to spend that money to promote the tax; it is going to be used to give the voter information.

Commissioner Maloy concurred with Mr. Guetzloe that $161,000 is excessive for an information campaign. He stated that only $50,000 was spent on the trails issue.

James Coakley, 1349 Via Villanova Way, addressed the Board to speak against the proposed sales tax, stating this public hearing is a farce because it has already been decided to put this issue on the ballot. He also stated he opposes using $161,000 to promote this issue.

Charles Champion, 101 Timberlochen Circle, addressed the Board to advise he is Vice Chairman of the Libertarian Party and he is opposed to the proposed sales tax. He stated most of the money is being spent on State and Federal roads with no guarantee that the County will be reimbursed by the State or Federal government. He said there is no binding agreement to get any of that money back; and if some of the money is reimbursed, he does not know where that money will go.

Chris Adamik, 98 Tollgate, addressed the Board to question how much time and money was spent on the "wish list". He suggested the Board put off this election until the General Election in 2002.

Mayor Paul Partyka, City of Winter Springs, addressed the Board to advise on behalf of the City Council he will speak in support of putting this issue on the ballot. He stated that after working through the process, there is an interlocal agreement that includes all Cities and the School Board.

Tony VanDerworp, City Manager of Sanford, addressed the Board to briefly speak in support of putting the issue on the ballot for the voters to decide.

Paul Hagerty, School Board Superintendent, addressed the Board to speak in support of putting the sales tax issue on the ballot, stating the listed projects are much needed.

Mike Bass, 776 Bear Creek Circle, addressed the Board to state the Private Businesses Association of Seminole (PBAS) support putting the sales tax issue on the ballot. He said that if the money was going into the General Fund, he would be against the tax; but it is going to build roads. He stated that when the first penny tax was voted in ten years ago, the County said they were going to build roads and they have built roads.

Mike Hattaway, 840 Waternam Place, addressed the Board to speak in support, commenting that if the first penny tax had not been passed, where would the County be without the roads that have been built in the last ten years.

Leslie Grubl, 1841 Misty Morn Place, addressed the Board to speak in support of the sales tax, stating the schools are in need of the money to make improvements.

Quentin Bob Beitel, 4 Quail Run, addressed the Board to advise he is strongly in support of the local option infrastructure sales tax and would urge the Board to put this issue on the ballot.

Richard O'Neal, 1308 Ortega St., addressed the Board to state he is opposed to putting this tax extension on the ballot. He stated he is not convinced the Board has done all they can do to get the most out of his tax dollars. He added that if the School Board needs more money, they have the ability to go before the voters themselves.

The Chairman read Written Comment Forms from Melanie Cornell and Marty Chan.

No one else spoke in support or in opposition.

Commissioner Morris reviewed the costs for the information campaign and stated he does not believe two separate mailings is needed.

Commissioner Maloy reiterated that he believes $161,600 is too much money to spend on the promotional program when only $50,000 was budgeted for the trails issue.

Chairman Van Der Weide stated that if a person was against this issue, the quickest way to defeat it is not to spend any money on education. Discussion ensued.

Commissioner McLain agreed with Commissioner Morris, stating he does not believe there is a need to send out two mailings and suggested the first mailing ($40,000) be eliminated from the informational program.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the Chairman to execute BCR #01-90 in the amount of $121,600 associated with funding the Information Program, eliminating the proposed first mailing ($40,000) from the Program.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Commissioner McLain left the meeting at this time.

Commissioner Morris stated he supports sending this issue to the voters even though he has some problems with the State and Federal roads.

Commissioner McLain re-entered the meeting at this time.

Commissioner Morris continued by stating if someone is going to vote for a tax, it should be a consumer tax and not a property tax. He added that a property tax is a continuing tax and, in his opinion, the worst kind of tax.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt Ordinance #2001-30, as shown on page ________; to adopt Resolution #2001-R-115, as shown on page ________, for the One-Cent Local Option Infrastructure Sales Tax; and to authorize the Chairman to execute the Interlocal Agreement, as shown on page _______, with the School Board and seven Cities regarding the distribution of sales surtax proceeds.

Under discussion, Commissioner Maloy stated be believes government is already too big and takes too much of the citizens' money. He said that if they are going to the voters to ask for a tax increase, it should be for more than two new schools. He pointed out that $115 million has not yet been spent from the first penny tax; and stated he believes doing this tax to take care of State and Federal roads is double taxation.

Chairman Van Der Weide stated he believes this is a well-thought out plan and many partnerships have been formed for this issue. He added that he has no problem giving the voters an opportunity to make this decision.

Commissioner McLain stated he is concerned that people who have owned property in the County are carrying the biggest burden with regard to taxation. He said he sees this as the fairest way to do some of these projects if the voters decide to go with the tax.

Commissioner Henley said Seminole County has the lowest voted millage rate in the State and that is why he is willing to support allowing the people to make the choice on this issue.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman to execute BCR #-01-89 in the amount of $145,104 for costs associated with funding the Sales Tax Referendum.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Planner, Buddy Balagia, requested direction with regard to the acceptable construction techniques allowed in order to implement the County's Housing Reconstruction program.

Commissioner McLain stated his concern is to make sure that any manufactured houses built onsite is going to be of the same structural quality as those that are built in a facility.

Copy of letter from Brock Butts regarding reconstruction of modular housing vs. site-built housing was received and filed.

Donna Ward addressed the Board to state there have been no bids done on modular housing so the Board cannot assume they can build these homes for $65,000. She said septic tanks may need to be replaced and one system costs $5,000. She added the Board is being asked to make a decision on something that there is not enough information on.

Tim Howard, Planning & Zoning Department, addressed the Board to advise the modular units have the same window criteria as any standard home built in the County and will withstand winds up to 125 mph. He said these units are not mobile homes.

Discussion ensued between the Board and Mr. Balagia with regard to the deadline for the program.

Upon inquiry by Chairman Van Der Weide, Mr. Howard advised staff did talk with the County Appraiser's Office and other Appraisal Offices in the State, and they all told them that they view modular homes the same way as other homes and that they hold the same value.

Motion by Commissioner McLain, seconded by Commissioner Henley to approve proceeding with factory-built housing for the Housing Reconstruction Program.

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

Copy of memorandum from Ray Valdes, Tax Collector, regarding the National Association of Counties Legislative Conference was received and filed.

Motion by Commissioner Henley, seconded by Commissioner Morris to appoint Ray Valdes, Seminole County Tax Collector, the County's delegate at the National Association of Counties Conference in Philadelphia, Pennsylvania from July 14-28, 2001.

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

Commissioner Morris briefly discussed Article V Financing.

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Commissioner Morris advised that on behalf of the Board, he attended the historical marking dedication for the Goldsboro area.

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Commissioner Morris advised he will be attending the Florida Association of Conference to be held in Jacksonville on June 27, 28 and 29, 2001. Mr. Grace, Mr. McMillan and Commissioner McLain will also be attending.

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Commissioner Morris clarified that at the last meeting, the Board directed staff to review the eastern side of the SR 46 Overlay.

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Commissioner Maloy advised that Dianne Eswine began Monday as the District 1 Executive Assistant.

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Commissioner Maloy advised that the Agro Diamond Experiment for landscaping is being tried on CR 427.

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Commissioner Maloy stated during previous discussion by the Board concerning a Lobbying Ordinance, it was his understanding that it would be brought back for further discussion. He distributed his District 1 Report (copy received & filed), outlining some of the issues he would like to see in the ordinance. He said he would like to have this item brought back at the next BCC meeting for further discussion and scheduling of a public hearing.

Chairman Van Der Weide stated he knows the Board has addressed this issue and unless he hears loud and clear from the Board that they are interested in bringing this issue back, he does not believe they will move forward on it.

Motion by Commissioner Maloy, seconded by Commissioner Henley to direct staff to bring back a proposed Lobbying Ordinance for scheduling of a public hearing.

Under discussion, Commissioner McLain stated he is concerned that this could be used by special interest groups to spend a lot of taxpayers' money.

Commissioner Morris expressed his concern that this would limit public access to Commissioners such as what ex parte did.

Commissioner Henley suggested having a workshop on this.

Commissioner Maloy stated he believes this is an important issue and the time has come to have an ordinance to speak to lobbying.

Chairman Van Der Weide stated he is not interested in pursuing this. He said he talks to everyone who calls his office; therefore, he will not support the motion.

Districts 1 and 4 voted AYE.

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

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Commissioner Morris briefly discussed the destruction of Pine trees by the Southern Pine Beetle. Staff was directed to monitor the situation.

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Commissioner McLain advised of request from Sanford Main Street, Inc. for the County's donation of $5,000 toward the fireworks display at Lake Monroe on July 4, 2001. Letter regarding same was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve expenditure in the amount of $5,000 for the City of Sanford's fireworks display to be held on July 4, 2001 at Lake Monroe.

Under discussion, Commissioner Morris suggested that in the future, this item be reviewed during budget work sessions.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley voted NAY.

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Commissioner Henley advised he has asked Mr. Grace to prepare a full briefing at the next Board meeting with regard to the City of Maitland Public Works Yard and Kewannee Park. He further advised that the City has sent out notices calling for a public hearing on June 28, 2001.

Mr. Grace advised he will be sorting out all the legal issues and bringing back a Briefing item at the next BCC meeting.

Commissioner Maloy stated he has distributed copies (not received & filed) of LYNX's response to the County's concerns regarding the Northern Light Rail Project.

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

1. Letter dated June 15, 2001, from Jim Dwyer, Audit Manager, Auditor General Office, State of Florida, to the Chairman, Re: Annual audit requirement, and request designation of representative to participate in a task force. (cc: Board, County Manager, Dept. of Fiscal Services [coordinate response], Clerk of the Court, County Finance Director/C.C.C.)
2. Copy of letter dated June 15, 2001, from Pam Hastings, Manager, Department of Public Works, to Doug Goetzloe, transmitting information regarding the 1-cent local option sales tax. (cc: Board, County Manager, Director of Public Works)
3. Copy of letter dated June 14, 2001, from Bill E. Scally, Seminole County Veterans Service Officer, to Ronnie Simmons, Chief of Staff, Office of Corrine Brown, Member of Congress, Re: Jubilee of Liberty Medal in Honor of Those United States Veterans Who Participated in the Normandy Invasion. (cc: Board, County Manager, Director of Community Services, Orange Co. Veterans Service Office, Volusia Co. Veterans Services Office)
4. Agenda for the Oviedo City Council Meeting of June 18, 2001. (cc: Board, County Manager, DCM)
5. E-mail dated June 15, 2001, from Stephen Lee, Assistant County Attorney, to the Board, County Manager, DCM/Chandler, Director of Fiscal Services, County Attorney, Assistant County Attorney, Re: Article V Funding.
6. Letter dated June 13, 2001, to the Chairman, from Hortense G. Evans, Seminole County Youth Commission, Inc., expressing appreciation for funding. (cc: Board, County Manager)
7. Letter dated June 12, 2001, to the Chairman, from Steve Phelan, Professor of English and FOWR Board Member, expressing support for purchase of Katie's Landing. (cc: Board, County Manager, Comp. Planning)
8. Notice of Regular Board Meeting and Agenda for the Seminole County Port Authority for June 20, 2001.
9. Memorandum dated June 12, 2001, from Rob Nixon, Economic Development Manager, to the Board, Re: Economic Development Oversight Committee. (cc: County Manager, DCM/Chandler, Economic Development Manager)
10. E-mail dated June 11, 2001, from Marilyn Dickinson expressing support for the purchase of 37 acres (Yeager property) for Natural Lands Program. (cc: Board)
11. E-mail dated June 11, 2001, to the Chairman from Sam Kendall, Seminole Audubon Society; Charles Lee, VP, Audubon of Florida; Phares Heindl, Friends of Wekiva River; Keith Schue, Central Florida Sierra Club, RE: BCC June 12 Agenda Item #51. (cc: Board)
12. Letter dated June 10, 2001, from William R. Daniel, Re: BCC June 12 Agenda Item #51 - Request by Seminole County Development and Advisory Board. (cc: Board, County Manager, DCM, Planning & Development Director)
13. Notice of Public Hearing to be held by the City of Casselberry Board of Adjustment on June 28, 2001, to consider a 7.5 foot variance to the front yard setback - Lot 8, Kewannee Lake Replat. (cc: Board, County Manager, DCM's, Planning & Development Director, Planning)
14. Notice of Public Hearing to be held by the City of Casselberry Board of Adjustment on June 28, 2001, to consider granting a variance of 2 feet to the 6 ft. fence height to allow an 8 ft. fence on property located on Lake Howell Road south of Lake Howell Lane. (cc: Board, County Manager, DCM's, Planning & Development Director, Planning)
15. Letter dated June 8, 2001, from D. Ray Eubanks, Community Program Administrator, State of Florida Department of Community Affairs, to the Chairman, acknowledging receipt of copies of the County's Small Scale Development Plan Amendment adopted on May 22, 2001. (cc: Board, County Manager, Planning & Development Director, Sandra Glenn, Executive Director, ECFRPC, Matt West, Planning Manager)
16. Letter dated June 11, 2001, to the Board, from Darrell W. Smith, Budget Services Director, State of Florida Department of Revenue, advising of receipt of the Seminole County Property Appraiser's budget request for FY 2001-02. (cc: Board, County Manager, Director of Fiscal Services, Property Appraiser)
17. Copy of letter dated June 12, 2001, from the Chairman to Governor Jeb Bush Re: HB1053. (cc: Florida Assoc. of Counties, Bobby Brantley)
18. Copy of Memorandum dated June 8, 2001, from Kathryn J. Brown, Senior Planner-One Stop Permitting, to Sandy McCann, County Records, listing documents that have been submitted into County Records. (cc: Board, County Manager, Environmental Services Director)
19. Contracts for Services, as shown on page ________, between Seminole County Parks and Recreation and John J. Wiley, William R. Mantooth, Peter L. Theoret, and Rashawn Bullock.

1. Letter dated June 19, 2001, from Mary Kay Cariseo, Executive Director, Florida Association of Counties, Re: Nationwide Retirement Solutions Deferred Compensation Program (NACo 457 plan). (cc: Board, County Manager, HR Director, County Constitutional Officers, Lou Moreno, Nationwide Retirement Solutions)

1. Letter dated June 19, 2001, and attachments from Cynthia Hamilton-Smith, Executive Director, GoldenRule Housing & Community Development Corp., Re: Donation of County-Owned Land to GoldenRule. (cc: CDBG, Board, County Manager, Planning & Development Director, Administrative Services/response)
2. Letter dated June 21, 2001, from Lonnie N. Groot, Shutts & Bowen LLP, Re: Special Exception Application; Nobel Learning Communities -- Reimbursement. (cc: Board, County Manager, Sandy McCann, Scott A. Glass, Esq., Frank Shelton, Daniel Wallace)
3. Memorandum from Mary Kay Cariseo, Executive Director, Florida Association of Counties, to County Commission Chairs and County Administrators, Re: Election systems -- Voting Machines. (cc: Supervisors of Elections, FAC Executive Committee, Gene Seets, Regional Marketing Manager, Election Systems & Software, Board, County Manager)
4. Letter dated June 22, 2001, to the Chairman from David B. Lippoff, WFTV Vice President and General Manager, Re: Time Warner Cable/WFTV Channel 9 Emergency Alert System Tests. (cc: John Rigsby, Time Warner Cable, Board, County Manager, IT/response)
5. Letter dated June 21, 2001, to the Chairman from Arden R. Arndt, Owner/Sod King, Inc., Re: CR 426 Proposed Roadway Modifications by City of Oviedo. (cc: Board, County Manager, Public Works Director, Co. Engineer)
6. Letter dated June 22, 2001, from Dianne Redd, Public Information Administrator, Department of Environmental Protection, to the Chairman, Re: 16^th National Trails Symposium --- Planning Team. (cc: Ginger Hoke, Kevin Johnson, Board, County Manager, Planning & Development Director, Public Works Director)
7. E-mail dated June 24, 2001, to the Board from Jean Sargeant, Re: Merger of Orlando SPCA with Seminole County Humane Society. (cc: Board, County Manager, Public Safety, Animal Control)
8. E-mail dated June 25, 2001, from Robert and Barbara Woodall, Re: FW: Give Away Program -- Animal Control Services. (cc: Board, Public Safety, Animal Control)
9. Letter dated June 21, 2001, from Eve Barbour, Sierra Club Member, to the Chairman, Re: Subdivision of land and wetlands. (cc: Board, County Manager, Planning & Development Director)
10. Letter dated June 11, 2001, from Mayor Paul P. Partyka, City of Winter Springs, to the Chairman Re: CDBG Program Funding for Torcaso Park Expansion and Improvements for FY 2001/02. (cc: City Commission, Casselberry City Manager, Board, County Manager, DCM, Planning & Development Director, CDBG)
11. Copy of letter dated June 19, 2001, from J. Suzy Goldman, Library & Leisure Services Director, to Winter Park Coterie expressing appreciation for recent donation of $100. (cc: Library Services Manager)
12. Copies of Memoranda from Tyra Miller, Administrative Director, Seminole County Property Appraiser's Office, Re: Value Estimates for various redevelopment districts. (cc: Board, County Manager, Cindy Hall, Director, Fiscal Services, Kevin Fall, Capital Programs Analyst, Planning & Development)
13. Letter dated June 20, 2001, from Frank Shelton, President, Markham Woods Association, Inc., to the Board, Re: Markham Woods Road Sidewalk. (cc: Board, County Manager, County Engineer, Principal Engineer)
14. Memorandum dated June 19, 2001, from Ray Valdes, Seminole County Tax Collector, to the Chairman, Re: National Association of Counties Legislative Conference. (cc: Board, County Manager)
15. Newsletter from the School Board of Seminole County. (cc: Board)
16. Minutes of the May Meeting of the Seminole County Historical Commission.
17. Agenda for the June Meeting of the Seminole County Historical Commission.
18. Letter dated June 15, 2001, to "Resident" from Dean Sprague, Maitland City Manager, Re: Maitland Public Works Yard -- Notice of Neighborhood Workshop to be held at the Public Works Yard on Thursday, June 28, 2001. (cc: Board, Mayor Sascha Rizzo and Maitland City Council, Maitland Public Works Director, Seminole County Manager, Planning & Development Director)
19. Letter dated June 14, 2001, from Andrea Lorenzo-Luaces, City Clerk, City of Winter Springs, to the County Manager, transmitting copy of Annexation Ordinance Number 2001-34, adopted on June 11, 2001. (cc: City Manager, City Attorney, Planning & Development, Property Appraiser, Supervisor of Elections)
20. Copy of Seminole County DPS/Animal Control Division Compliment/Complaint Form from Lorie Bolton.
21. Contracts for Services, as shown on page _______, between Seminole County Parks and Recreation and Theresa Walburger to slowpitch softball.

Mr. Grace reminded the Board that there is no BCC meeting scheduled on July 10, 2001; and that Budget Work Sessions are scheduled for July 18, 19 and 20, 2001.

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There being no further business to come before the Board, the meeting was adjourned at 5:10 p.m., this same date.

ATTEST:______________________Clerk_____________________Chairman

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