The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, September 12, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

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

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Pastor Jim Barclay, New Life Fellowship Church, Winter Springs, gave the Invocation.

Commissioner Maloy led the Pledge of Allegiance.

Commissioner Van Der Weide entered the meeting at this time.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-187, as shown on page ________, acknowledging the recipients of the 2000 Seminole County Industry Recognition Award; to be presented at the 6^th Annual Industry Recognition Luncheon to be held on October 13, 2000.

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

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

Robert McMillan, County Attorney, addressed the Board to advise the Eleventh Circuit Court of Appeals recently affirmed the summary judgment entered in the County’s favor relative to Suber v. Seminole County. He stated Ms. Suber’s attorney has indicated that although she still has pending claims in the State court, he would dismiss those claims if the Federal claims were resolved in the County’s favor.

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Mr. McMillan stated the Board should have received letters from Attorney Rick Nelson relating to the Seminole County v. Solitary, Inc. d/b/a VIP Gold. He stated the Judge has granted the County summary judgment in this case and Mr. Nelson will be drafting an order in the near future. The Federal court case has been stayed pending the disposition of the State case.

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Mr. McMillan stated the Circuit Court has denied Bob’s Adult Video petition relative to the grandfathering decision.

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Mr. McMillan stated the County has received the draft audit the Clerk has done as a followup to the 1997 audit on acquisition. The results of that audit found that there are no concerns to the problems that existed previously. There were two findings having to do with finishing the acquisition manual and updating daily the tracking charts. Both of those, to some extent, relate to the continuing attempt to improve. There was some tension between the Engineering and County Attorney’s offices and that resulted in some personnel changes. He stated he feels the success they have had in the last couple of years is directly related to the efforts of Henry Brown, Lynn Vouis, Keith Roark and John Moore in coordinating with his office.

Commissioner Henley advised of add-on Items #15A, BCR 00/169, #32A relating to Gravity Sewer Main Replacement and #53A relating to Economic Incentive Funds for Distribution Fulfillment Center. He advised that the amount for Item #23 should read "not to exceed $1.5 million.

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

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize Seminole County to participate in the Golden Age Games as a site sponsor and to waive the fees for the tennis activities to be held at Sylvan Lake Park.

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

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Matt West, Principal Planner, addressed the Board to present request to vacate and abandon portions of the plat at Sanford Farms for the purpose of platting the new subdivision of Retreat at Wekiva; property located on the northerly side of Orange Blvd. at North Indiana Street, C.F.G. at Chapman, Inc. He stated staff recommends approval of the vacate.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-192, as shown on page ________, vacating and abandoning portions of the plat at Sanford Farms for the purpose of platting the new subdivision of Retreat at Wekiva; property located on the northerly side of Orange Blvd. at North Indiana Street, C.F.G. at Chapman, Inc.

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

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Gary Schindler, Senior Planner, addressed the Board to present request for approval of the final Planned Unit Development Master Plan and Developer’s Commitment Agreement for Alafaya Commons Apartments; property located on the SW corner of SR 434 and Econ River Place, Brossier Company on behalf of Simpkin Industries, Inc. He stated staff recommends approval of the request and finds that it is in compliance with the provisions of the development order. He said a list of compromised conditions between the developer and homeowners have been incorporated into the Developer’s Commitment Agreement. Staff believes what is being proposed meets the spirit of what was approved for the preliminary PUD.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the final Planned Unit Development Master Plan and Developer’s Commitment Agreement, as shown on page _________, for Alafaya Commons Apartments; property located on the SW corner of SR 434 and Econ River Place, Brossier Company on behalf of Simpkin Industries, Inc.

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

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Cindy Matheny, Senior Planner, addressed the Board to present request to determine whether the initiation of administrative land use changes for the Golden Lake/Silver Lake Special Study Area is appropriate, and if so, direct Planning staff to initiate processing of the amendments. She displayed and reviewed slides of the Golden Lake/Silver Lake area projected goals, scheduled meetings and the description of the area. She reviewed slides of the existing Future Land Use Map, the existing Zoning, the Study Area Analysis, and Issues that Staff and the Public identified. She continued by reviewing slides of the Potential Impacts from Future Development, Public Comment Issues, and Several Land Use Options. She stated the Local Planning Agency/Planning & Zoning (P&Z) Commission recommended sending the following recommendations to the BCC: (1) Initiate and process an administrative land use amendment to change the existing Low Density Residential to Suburban Estates, with the exception of the following area which has been developed as smaller lots: (a) That portion of Crystal Park extending south from Onora Road to and including the first tier of lots south of Naomi Drive; and (b) This option is recommended only if any potential zoning conflicts will not adversely impact the property owners; and (2) Retain the existing land uses of Low Density Residential, Suburban Estates and Industrial. She stated staff also recommends that whatever the results of the study the Board determines is appropriate, staff would work with the City of Sanford, if possible, to amend the joint planning agreement and address any concerns the Board may have.

Chairman Henley stated Jay Marder from the City of Sanford is here to address any issues.

Upon inquiry by Commissioner McLain, Ms. Matheny advised the Planning & Zoning Commission (P&Z) indicated that they didn’t have any objections to suburban estates provided that the zoning conflict issues are resolved.

Ms. Matheny addressed the zoning conflicts for Chairman Henley and what the Comprehensive Plan does say about these conflicts. She stated she believes the residents felt that going to suburban estates would make encroaching land use less compatible. Staff feels that staying with low density residential would be more appropriate because it would provide greater buffering and would not result in zoning conflicts.

Upon inquiry by Commissioner Maloy, Jay Marder, City of Sanford Director of Engineering and Planning, addressed the Board to advise the SR-1A zoning to the south of the city limits is a single family residential zoning and they are 7500 sq. ft. lots.

Upon further inquiry by Commissioner Maloy, Mr. Marder advised the City has plans to bring sewer capacity out there. He stated $10 million is funded for the wastewater treatment plant south of Beardall. He added construction should begin in a matter of months.

Commissioner McLain stated the County has dealt with this area for many years with regard to the problems of the airport expansion and historic residential community and he has consistently tried to protect the historic residential areas around these lakes. He thinks the best thing to do is move forward with the public hearings to evaluate the suburban estates option. He stated he has been able to work with the City of Sanford relating to zoning issues in that area and he will continue to work with them in making sure that the residential community and the airport expansion can work together in harmony so they can end up with a nice community.

Commissioner Morris stated he would like to request staff, prior to or during the hearings, brief the Board on those aspects of the small area study that the City of Sanford had conflicts with and try to get a summary of those in order to facilitate this process.

Motion by Commissioner McLain, seconded by Commissioner Morris to direct Planning to move forward with the public hearings for the Golden Lake/Silver Lake Special Area Study.

Under discussion, Ms. Matheny stated these amendments could go on the large scale amendment cycle beginning the end of September.

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

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Kevin Grace, County Manager, addressed the Board to state he has spoken to Judge Silvernail in regard to the request to budget $350,000 from the General Fund contingency for court appointed attorney expenditures. He stated Judge Silvernail has indicated that he is prepared to sign an administrative order limiting court appointed attorney dependency cases to $65 an hour. He said Judge Silvernail was not prepared to sign an order applying the $65 an hour to all cases. Judge Silvernail would like to have a meeting with County staff, Judges and attorneys on some of the other issues.

Commissioner Morris suggested scheduling a joint meeting with Judge Silvernail as this is a situation that is out of control. Therefore, he would suggest having Judge Silvernail speak with the Board at the next meeting.

Commissioner McLain stated he has heard from many of the lawyers that they do not have a problem with the $65 an hour fee. He stated he is not prepared to vote on this until he gets an answer from the Judge.

Mr. Grace stated he indicated to Judge Silvernail that he wasn’t sure if the Board would be prepared to move ahead with this request.

Motion by Commissioner McLain, seconded by Commissioner Maloy to continue to September 26, 2000 request to budget $350,000 from the General Fund contingency for court appointed attorney expenditures.

Under discussion, Chairman Henley stated the fact is the County doesn’t have a uniform system within the region and the largest portion of that money is going to the area that is not impacted by his order. If you look at the breakdown, it jumps out as to where 90% of that money is going, and that is not going to be impacted by the action he is proposing. He stated this is serious enough to where a meeting is needed with the Judge. It appeared to him during the budget session that the Judge is not aware of what the Board is talking about.

Upon inquiry by Commissioner Morris, Mr. McMillan advised if the Board receives a court order to pay the bill, then it will have to be paid unless there is a reason to appeal the order. If the Board refuses to pay it, there could be contempt proceedings.

Commissioner Morris stated he understands the intent of the motion, but this expenditure is due and needs to be paid. He would hope the Judge will make a good decision based upon of the situation. The County has a legal obligation to pay these funds, therefore, he cannot support the motion. He added the Board does have a problem with this when it is growing 47% a year and is out of control.

Chairman Henley stated what the Board is questioning is whether they are obligated to support the rate and whether it is reasonable. In the mean time, the County has been dealing with this for at least a month or more and the issue is still not resolved. Hopefully, this can be resolved to where the rates can be lowered in the future.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Morris voted NAY.

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Tracy Grygiel, Economic Development Commission of Mid-Florida, addressed the Board to request approval of economic incentive funds for the Distribution Fulfillment Center in the amount of $166,200, contingent upon matching funds from the City of Lake Mary. She stated the capital investment for the proposed establishment is $17,200,000 and the funds of $83,100 would be disbursed over a two-year time frame. The payback to the County is within a .5 year time frame and payback in the General Fund will be 2.1 years.

Upon inquiry by Commissioner McLain, Ms. Grygiel advised the location of the facility will be on Skyline Drive in Lake Mary.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve Economic Incentive funds in the amount of $166,200 for the Distribution Fulfillment Center, contingent upon matching funds from the City of Lake Mary.

Under discussion, Commissioner Maloy stated he will be opposing the motion because he doesn’t think it is appropriate to give money away since the County has not funded the road paving program.

Commissioner Morris stated he understands Commissioner Maloy’s disagreement, but this is tax money that these companies will be paying. The total overall tax will be returned within six months.

Chairman Henley stated the value of a mil has been increasing a little over $1 million a year. The reason for that is the capital improvements has come to this county and these new commercial businesses are helping the tax base grow. The tax burden was placed more on the homeowners before this program even started, and now it is passed onto the businesses.

Commissioner McLain stated what the Board needs to remember is they have to have a level playing field for Seminole County. This program has been successful, and if the plan does not work, the County will get their money back.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Commissioner Morris left the meeting at this time.

Commissioner Morris reentered the meeting at this time.

Colleen Rotella, Planning & Development/Administration, addressed the Board to request Board direction regarding an information program for the November 7^th Natural Lands 2000 Referendum. She reviewed the cost estimate for the proposed public information program outlined on page 2 of the agenda memorandum.

Commissioner Morris left the meeting at this time.

Ms. Rotella stated the advertisements for the proposal will include display ads in the Seminole Herald and Orlando Sentinel.

Commissioner reentered the meeting at this time.

Upon inquiry by Commissioner Maloy, Ms. Rotella advised staff has a sample brochure and they will make sure that the Board sees it before it is printed.

Commissioner Maloy stated he is opposed to the other miscellaneous Signage and Billboard advertisements, as he doesn’t see a need to spend $10,000 on those types of ads.

Commissioner Morris stated he feels this program can be done under $60,000. He stated he agrees with Commissioner Maloy’s issue regarding the signage.

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize staff to proceed with the November 7^th Natural Lands 2000 Referendum Information Program for an amount not to exceed $60,000.

Under discussion and upon inquiry by Commissioner Maloy, Commissioner Morris advised the motion does include deleting the signage and billboard ads, include advertising in the Oviedo Voice; and the Board to review the brochure before it is printed and will review the costs on the postage.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize the Chairman to execute Letters, as shown on page _________, in support of two grant applications submitted by Seminole County Health Dept. for $200,000 each to address high chronic disease rates of Diabetes and Congestive Heart Failure in Sanford (32771); East Altamonte (32701) and Oviedo (32765).

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

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

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

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

Motion by Commissioner McLain, seconded by Commissioner Morris to approve submittal of a Grant Application to the Florida Department of Transportation for the Seminole County DUI Enhancement renewal project; and authorize the Chairman to execute associated grant documents, as shown on page ________.

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

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The Board recessed the meeting at 10:44 a.m., reconvening at 1:32 p.m., with all Commissioners and 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.

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

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

Proof of publication, as shown on page ________, calling for a public hearing to consider the Lake Forest Development Regional Impact (DRI) Notice of Proposed Change to extend build-out date, Orlando Lake Forest Joint Venture, received and filed.

Principal Planner, Matt West, addressed the Board to advise the staff, with the consent of the applicant, is recommending this item be continued until September 26, 2000.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue until September 26, 2000, at 1:30 p.m., or as soon thereafter as possible, consideration of the Lake Forest Development Regional Impact (DRI) Notice of Proposed Change to extend build-out date, as described in the proofs of publication, Orlando Lake Forest Joint Venture.

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 an unnamed public right-of-way located on the north side of West Palm Valley Drive, 1/4 mile west of Alafaya Trail and 1/4 mile north of McCulloch Road, West Palm Valley Drive for Co-Op Partners, Florida, received and filed.

Mr. West advised the applicant's representative, Hugh Harling, has requested this item be continued until this evening's public hearing.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to continue until 7:00 p.m., this same date, consideration of a request to vacate and abandon an unnamed public right-of-way located on the north side of West Palm Valley Drive, 1/4 mile west of Alafaya Trail and 1/4 mile north of McCulloch Road, as described in the proof of publication, West Palm Valley Drive for Co-Op Partners, Florida.

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

The Chairman advised of request to appoint a member to the Canvassing Board for the October 3 Second Primary. He stated he will notify the judge on behalf of the Board to follow the same procedure as during the First Primary and select a person for same. The Board voiced no objections to same.

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Chairman Henley advised of letter (copy received & filed) from Commissioner Bob Crawford, Department of Agriculture & Consumer Services, requesting an appointment to the advisory group that will be developing resource management plans for the Little Big Econ State Forest.

Motion by Commissioner Morris, seconded by Commissioner McLain to appoint Jim Duby, Natural Lands Coordinator, to the advisory board of the Little Big Econ State Forest.

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

Chairman Henley distributed a copy of the Regional Transportation Policy Positions for the 2000 Legislative Session (received & filed) from MetroPlan. He requested Commissioners make suggestions for legislative priorities for same.

Commissioner Morris stated he would like to see some positive movement with respect to an initiative to look at the Eastern Beltway Extension on I-95. Discussion ensued.

Chairman Henley asked if the Board felt it was appropriate to adopt a resolution to be sent to the MPO encouraging the study of the feasibility of the extension. He suggested that this might be something to add on to the legislative list.

The Board, by unanimous consensus, directed staff to prepare a resolution regarding the Eastern Beltway Extension on I-95 and to bring it back for consideration at this evening's meeting.

Commissioner Morris commended DCM, Jim Marino, and staff for their efforts in obtaining right-of-way and constructing a sidewalk on Shepherd Road near the Highlands Elementary School.

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Commissioner McLain advised he will be a little late attending this evening's public hearing. He further advised that he has no objections to Item #63, Land Use Amendment abutting the Northwest Regional Wastewater Treatment Facility.

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Commissioner Maloy gave a brief report on the Riverwind Apartments near UCF and the bad parking problem that is causing safety concerns. He advised the owners are trying to acquire more property to put in additional parking.

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

1. Letter dated 8/24/00 to BCC from Frederick Nelson, American Liberties Institute re: Summary of legal exposure. (cc: Co. Attorney, Deputy Co. Attorney, Planning & Development Director)
2. Memorandum dated 8/24/00 to Chairman from Jack Wert, Tourism Director re: TDC Meeting August 10th^. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto])
3. Letter dated 8/25/00 to BCC (with attachments) from Dick Wilson, President-Christian HELP re: CDBG Funding.
4. Letter dated 8/23/00 to BCC from Gregory Freeman, Senior Pastor-Wekiva Assembly re: Appreciation to Board.
5. Letter dated 8/25/00 to Chairman from Stephen Miller, Executive Director-South Seminole & North Orange Co. Wastewater Transmission Authority re: Timely response. (cc: BCC, Co. Manager, Environmental Services Director)
6. Copy of letter dated 8/24/00 to David Martin, Program Manager Engineering (with attached correspondence dated 8/11/00 to Oak Hollow Homeowners Association) from Anne Russell, President-EPM Services re: Encroachments to the Cross Seminole Trail. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Library Services Director, Co. Engineer, Parks & Recreation Manager, Major Projects Manager, Sr. Trails & Greenway Planner, Sr. Coordinator Parks & Recreation, Debbie Parish, Office of Greenways & Trails Director, Suzanne Walker, Office of Greenways & Trails Assistant Director, Bryan Cobb, City of Oviedo Planning & Zoning Director)
7. Order dated 8/9/00 re: Appointment of Kenneth McIntosh to the Seminole County Canvassing Board signed by J. Preston Silvernail, Chief Judge 18^th Judicial Circuit. (cc: Supervisor of Elections, Co. Manager, BCC, Kenneth McIntosh)
8. Memorandum dated 8/24/00 to BCC and Co. Manager (with attachments) from Jerry McCollum, Co. Engineer re: Co. Incentive Grant Program. (cc: Deputy Co. Manager [Marino], Principal Planner-Planning & Development)
9. Copy of letter dated 8/24/00 to Honorable Donald Marblestone, Administrative Co. Judge from Kevin Grace, Co. Manager re: Air quality in the courthouse. (cc: BCC, Chief Judge-18^th Judicial Court Brevard Co., Administrative Judge-18^th Judicial Court Seminole Co., Deputy Co. Manager [Coto], Administrative Services Manager, Facilities Maintenance Manager, Safety Officer)
10. Letter dated 8/23/00 to BCC (with attached flyer) from Diane Pickett, Time Warner Communications re: Channel additions. (cc: Co. Manager, Cable Franchising Coordinator, Jerry Martin-Time Warner Communications)
11. Memorandum dated 8/23/00 to BCC from Lori Solitro, Planning Technician re: Disability Advisory Council members. (cc: Planning & Development Program Manager)
12. Copy of letter dated 8/23/00 to Commissioner Maloy from Miriam Bruce, Nelson & Co. re: Proposed Seminole Co. trail referendum. (cc: BCC, Oviedo City Council, The Old Downtown Development Group)
13. E-mail dated 8/22/00 to BCC from Eric Baumgardener re: Salary survey. (cc: Co. Manager, Deputy Co. Manager [Coto], Public Safety)
14. Letter dated 8/21/00 to BCC (with attached notice) from Janet Dougherty, Sanford City Clerk re: Annexation Ordinance #3553. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
15. Facsimile dated 8/22/00 to BCC from Edward Martinez, President-Hispanic American Political Action Committee re: Payday Loans. (cc: Co. Manager, Co. Attorney)
16. Contracts for services, as shown on page _______, between Seminole Co. Parks & Recreation and the following: Arleen Sweezey (Instruct Tennis), Kevin Lee King, Jr. (Slow pitch scorekeeper).

1. Letter dated 8/30/00 to BCC (with attached notice) from Janet Dougherty, Sanford City Clerk re: Annexation Ordinance #3576. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
2. Letter dated 8/31/00 to Chairman (with attached Objections, Recommendations & Comment) from Charles Gauthier, Chief, Bureau of Local Planning-Dept. of Community Affairs re: Comprehensive Plan Amendment. (cc: Planning & Development Director, Sandra Glenn-East Central Fla. Regional Planning Council Executive Director, BCC, Co. Manager, Deputy Co. Manager [Marino])
3. Copy of letter dated 8/30/00 to Sheriff Eslinger from Robert LeBlanc, Attorney re: Sheriff Web Site information. (cc: BCC, Co. Attorney, Fla. Dept. of Law Enforcement, Timothy Diamond)
4. Notice and Agenda for 9/6/00 Oviedo City Council Meeting.
5. E-mail dated 8/30/00 to BCC from Charlie & Cathy Cowart re: Firefighter support. (cc: Co. Manager, Deputy Co. Manager [Coto], Public Safety)
6. Copy of letter dated 8/4/00 to Kevin Grace, Co. Manager from Terry Baker, Longwood Director of Public Safety re: Longwood Industrial Park Truck/Commercial Traffic. (cc: BCC, Co. Attorney, Deputy Co. Manager [Marino], Traffic Engineer, Sheriff Office, Traffic Committee-Cossairt & Murray)
7. Notice of Public Hearing 9/6/00 for City of Oviedo re: Preliminary Development Plan Phase Two for Sanctuary PUD. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
8. Letter dated 8/22/00 to BCC from Doris Woolford re: Appreciation for Satisfaction of Lien. (cc: Co. Manager, Deputy Co. Manager [Coto], Code Enforcement)
9. Letter dated 8/28/00 to BCC from Cynthia Susi, Vice President-Lake Tuskawilla Homeowners Association re: Rezoning. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development, Stormwater)
10. Copy of memorandum dated 8/22/00 to Sandy McCann, Co. Records from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into Official Records. (cc: Co. Manager, BCC, Environmental Services Director)
11. Copies of letters dated 8/28/00 from Ken Roberts, Public Safety Director re: Appreciation for donation to the following: Philip Seibert, Kathryn Spotts, Chris Fletcher, Cindy Taylor, Chris Perez, Coleen Grey, Sharon Durham, Duane McGregor, Tim Westerman, John & Nancy Crivellari, David Price, Diane Samson, Chip Dover.

1. Copy of letter dated 9/8/00 to Steven Lee, Assistant Co. Attorney from Ted Edwards, PA re: Sandy Lane Right-of-way. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto], Dr. James Shea)
2. Letter dated 8/29/00 to Chairman from Diane Parker, President; Steve Kirby, Co-Chairman; William Stange, Co-Chairman, Seminole Co.-Lake Mary Regional Chamber of Commerce re: United Arts funding. (cc: BCC, Co. Manager, Deputy Co. Managers)
3. Notice of Public Hearing from the City of Lake Mary on 9/21/00 re: Comprehensive Plan Amendment. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
4. Letter dated 9/11/00 to Chairman (with attachments) from Lou Musica, Real Estate Representative-Eller Media re: Appeal to Board of Adjustment decision. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development)
5. Letter dated 9/7/00 to Chairman (with attachments) from Paul Partyka, Mayor-City of Winter Springs re: Funding considerations for Housing Redevelopment Program. (cc: City of Winter Springs Mayor, City of Winter Springs Commission, BCC, Co. Manager, Planning & Development, Wyman Fields Foundation, City of Winter Springs Community Development Director)
6. Copy of memorandum dated 9/5/00 to Kevin Grace, Co. Manager (with attachments) from Ken Roberts, Director of Public Safety re: Citizen Complaint. (cc: BCC, Deputy Co. Manager [Coto])
7. Letter dated 9/6/00 to Chairman from James Berko, Executive Director-Seminole Community Mental Health Center re: Award of grant. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto])
8. Letter dated 8/31/00 to BCC (with attached report) from Randy Johnson, President and Kevin Coulthart, Seminole Co. Marketing Manager-Central Fla. Sports Commission re: Activities in July.
9. Memorandum dated 9/6/00 to BCC (with attachment) from Linda Eiland, Sr. Coordinator-Risk Management through Jamie Croteau, Administrative Services Director re: Central Fla. Regional Hospital. (cc: Co. Manager, Deputy Co. Managers)
10. Facsimile dated 9/7/00 to Chairman from Robert Dallari, Chairman City of Oviedo re: Support for acquisition of Winter Miles. (cc: BCC, City Council, Co. Manager, Deputy Co. Managers, Library Services, Planning & Development)
11. E-mail dated 9/4/00 to BCC from Joan Levy re: Opposition to billboard at Orange Boulevard and Wayside Drive. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
12. Letter dated 9/1/00 to Chairman from J. Terry Deason, Chairman-Pubic Service Commission re: Upcoming telephone change in Brevard County. (cc: BCC, Co. Manager, Deputy Co. Managers)
13. Notice and agenda for 9/12/00 Sanford Airport Authority Board Meeting.
14. Copy of letter dated 9/5/00 to Tim Hickson, President-Seminole Co. Professional Fire Fighters Local 3254 re: Wage proposal. (cc: BCC)
15. Facsimile dated 9/5/00 to BCC from Commissioner Morris, Chairman-ECFRPC re: Possibility of a public/private regional development program. (cc: Co. Manager)
16. Notice and agenda for 9/5/00 Seminole Co. Port Authority meeting.
17. Copy of letter dated 8/31/00 to Kevin Grace, Co. Manager (with attachment) from Karl Welzenbach, Executive Director-Volusia MPO re: Support of park-n-ride facility. (cc: BCC, Deputy Co. Manager [Marino], Planning & Development Director)
18. Memorandum dated 9/1/00 to Sandy McCann, Recording Secretary from Kathryn Brown, Sr. Planner-One Stop Permitting re: Submissions into official records. (cc: BCC, Co. Manager, Environmental Services Director)
19. Copy of letter dated 8/29/00 to Elle Blondin from Ken Roberts, Director Public Safety re: Appreciation for recent donation.

Mr. Grace advised of Memorandum (copy received & filed) from Tax Collector, Ray Valdes, requesting the Board extend the tax roll.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the 2000 Tax Roll to be extended prior to the completion of the Value Adjustment Board hearings.

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

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Mr. Grace reminded the Board of the Budget Public Hearing scheduled for September 13 at 7:00 p.m.

Commissioner Morris left the meeting at this time.

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Mr. Grace advised that he has hired Rob Nixon from Port St. Lucie as the new Economic Development Director. He said he will start on October 3.

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The Board, thereupon, recessed at 1:55 p.m., reconvening at 7:05 p.m., this same date with all Officials, (with Commissioner McLain entering late), with Deputy County Manager Jim Marino replacing County Manager Kevin Grace, and with Assistant County Attorney Stephen Lee replacing County Attorney Robert McMillan, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Continuation of a public hearing to consider request to Vacate and Abandon an unnamed public right-of-way located on the north side of West Palm Valley Drive, ¼ mile west of Alafaya Trail and ¼ mile north of McCulloch Road, as described in the proof of publication, West Palm Valley Drive for Co-op Partners.

Matt West stated the right-of-way easement was granted to the County in 1957 and it is located on the west side of the proposed development called Cooperative Management. Some of the proposed buildings of the project will encroach within this easement. Staff has several concerns with this vacate.

Commissioner Morris left the meeting at this time.

Mr. West pointed out that there is a 60-foot right-of-way (running east and west) along the northern side of the project and it is a public right-of-way and it is not part of this request. He stated if this request is granted it would create a remnant parcel of right-of-way that isn’t connected to another public right-of-way.

Commissioner Morris reentered the meeting at this time.

Mr. West stated he has attempted to contact the two affected property owners that could potentially utilize this right-of-way, but have been unsuccessful in determining whether or not they support the request. He stated the developer is proposing that if this right-of-way is vacated, a substitute access easement would be provided through the approximate center of the property. That alignment of the easement would follow a paved circular roadway for most of that proposed easement. The plan does not indicate that the 40 unit development would be gated. Staff has not heard from the affected property owners as to whether or not they find that sufficient. He stated staff would need to receive a document to verify how this access will be provided or if it would be restricted, and what type of legal easement would be provided. He added he did some research on the property to the west as it has frontage on the road that is private and it is part of Riverwalk. This property owner donated a corner clip so that the Riverwalk rear entrance could align with the existing West Palm Valley Drive. He stated he could not find any records as to whether or not that property has obtained some kind of right of access through the Riverwalk Subdivision in exchange for that corner clip.

Upon inquiry by Commissioner Morris, Mr. West advised there is no other way for the other property owners to the west to access out of their property but through the strip. He displayed and indicated on the map the parcel that is surrounded by other parcels and he stated that parcel does not access to public right-of-way. He indicated on the map where the Econ River and the Iron Bridge Treatment Plant is located. He stated staff cannot recommend approval at this point without clarifying the status of the proposed easement through the project and the potential effect on access rights to the two properties to the north and west.

Upon inquiry by Chairman Henley, Mr. West advised the applicant requested that this item be advertised, but staff indicated to them that they would go forward with a negative response.

Hugh Harling, Harling Locklin & Associates, addressed the Board to review the surrounding projects that were done in previous years. He stated he contacted the adjacent property owner to the north and he has approximately ½ to ¾ acres of good land at the corner clip. That property owner has access to West Palm Valley Drive and he has approximately 150 ft. of access to a County road. He indicated on a map (received and filed) what they are asking to do with the proposed right-of-way vacation and the creation of a replacement right-of-way.

Upon inquiry by Commissioner Morris, Assistant County Attorney Stephen Lee addressed the Board to advise what he understands is the cutoff between the public road and private road is right at the corner clip of the property, which is the beginning of the east side corner clip. The corner clip abuts a private road and not the public road the County owns.

Commissioner McLain entered the meeting at this time.

Mr. Harling stated the gates are further to the west so that this property has access to a public right-of-way. The agreement with Mr. White allows those property owners to have access at that point.

Upon inquiry by Chairman Henley, Mr. Harling advised that is noted in the Riverwalk agreement.

Upon further inquiry by Chairman Henley, Mr. West advised he has researched the files but did not come across any documentation of that agreement.

Upon inquiry by Commissioner Morris, Mr. Lee advised assuming the Board decided to approve the vacate request, that approval would be subject to staff verifying that access. If staff was unable to verify that condition, how would the record be reflected, therefore, it would make more sense to continue this item.

Upon inquiry by Chairman Henley, Mr. Harling advised all of those documents should have been provided at the time of platting.

Mr. West stated the title opinion did not indicate any agreement to that effect. It did indicate the County’s development agreement on Riverwalk but it did not indicate any type of agreement or easement dedicated to that property.

Mr. Harling stated he can provide a corner clip (access) on the existing property access to West Palm Valley Drive, and he indicated on the map where the access can be provided.

Upon inquiry by Chairman Henley, Mr. Harling advised he would make the other road going through the development as part of the development order guaranteeing access.

Upon inquiry by Commissioner Maloy, Mr. Harling advised he would prefer moving forward with this item tonight, with the stipulation that he provide whatever documentation that is necessary. That document should have been provided when the plat was recorded. He stated if that does not exist, then he would commit to providing a corner clip that would meet the County’s requirement for subdivision access to that parcel.

Upon inquiry by Commissioner Van Der Weide, Mr. West advised he has been mainly working with Mike Jones on this issue and not Mr. Harling.

Commissioner Van Der Weide stated he feels staff should have resolved these issues before it was presented to the Board. He stated he gets dismayed when staff and the applicant have a lack of communication when these issues could have been worked out beforehand.

Upon inquiry by Commissioner Maloy, Mr. Lee advised he believes as long as the Board provides that failure to satisfy those conditions by a date certain and if that date came and went and a resolution had not been recorded, it would be clear that it was denied and then the applicant could pursue whatever appeal rights they want to pursue.

Commissioner Morris stated, for the record, the intent would have to be stated that the protection of the western and northern property owners is paramount so that this cannot be challenged later.

Chairman Henley stated he received a letter (received and filed) from Susan Eberle opposing the vacate. He read the letter into the public record.

No one spoke in support or in opposition.

District Commissioner Maloy stated he knows the County just completed a new drainage basin study for this section and it did raise the flood levels about 6 feet in some areas and 4 feet in others. About ½ acre was taken out of the development due to the new water levels.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-193, as shown on page ________, vacating and abandoning an unnamed public right-of-way located on the north side of West Palm Valley Drive, ¼ mile west of Alafaya Trail and ¼ mile north of McCulloch Road, as described in the proof of publication, West Palm Valley Drive for Co-op Partners, contingent upon these two parcels having access, including Parcel 16 having a minimum 50-ft. access via West Palm Valley, the applicant would grant to the County an easement access to the north over the proposed access, and that the proper documentation verifying that these issues are accurate and true be provided within 60 days.

Under discussion and upon inquiry by Mr. Lee, Commissioner Maloy advised the motion would also include that failure to provide the documentation would mean denial of the requested vacate.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to amend land use from Public, Quasi-Public to Suburban Estates; property located on the north side of SR 46, abutting the Northwest Regional Wastewater Treatment Facility, immediately east of Yankee Lake Road, containing approximately 15 acres, Seminole County, received and filed.

Tony Matthews, Principal Planner, addressed the Board to advise staff recommends Suburban Estates land use with findings that this land use would be: (1) Compatible with adjacent land uses; (2) Consistent with the 1998 Wekiva Special Area Study; (3) Consistent with the 1999 Compliance Agreement relating to the governing of land use within the Wekiva River Protection Area; (4) Consistent with Plan policies, including those relating to the Wekiva River Protection Area, identified at this time; and, (5) Consistent with the provisions of the Wekiva River Protection Act. He stated the Dept. of Community Affairs (DCA) did not have any comments regarding this amendment.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to enact an Ordinance adopting the proposed future land use amendment to the Seminole County Comprehensive Plan, as requested, for property located on the north side of SR 46, abutting the Northwest Regional Wastewater Treatment Facility, immediately east of Yankee Lake Road, containing approximately 15 acres, as described in the proof of publication, Seminole County, with staff recommendations.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider Spring 2000 Cycle Text Amendments OOS.TXT1 through TXT 6; TXT 9 through TXT 11 (Mixed Development Policies) and OOS.TXT 12 – 14 (Miscellaneous Amendments) to the Seminole County Comprehensive Plan, received and filed.

Mr. Matthews stated in June 2000, the Board approved transmittal of several amendments to the text of the Comprehensive Plan to the DCA, along with language creating a new future land use designation known as Mixed Development (MXD). Since the transmittal, staff has made several revisions to these proposed amendments. The intent of these revisions were to eliminate some duplication, remove some language that relates more to detailed language found in land development regulations, and to eliminate any conflicts between these policies and mixed use zonings. Those revisions are shaded in the agenda packet. A couple of other text amendments are also added in the packet and are not related to mixed development polices. A chronology of events involving Mixed Development is also available in the packet.

Upon inquiry by Chairman Henley, Mr. Matthews advised the discussions that took place in the chronology did not involve the latest changes of the shaded areas. He stated those changes have been made subsequent to the public input. He added the shaded areas have not been discussed with the Planning & Zoning Commission/Local Planning Agency (P&Z/LPA).

Mr. Matthews continued by stating the DCA submitted an objection to the Mixed Development policies and that dealt with establishing percentages of uses within any Mixed Development. He said that is already established in the Airport Target Industry area and those policies were applied here. The DCA has reviewed this and staff feels that this has satisfied their concerns. He submitted a draft letter (received and filed) responding to DCA’s concerns. He also submitted staff-initiated changes (received and filed). He said the Board directed staff, during the Fall 1999 Large Scale Plan Amendment Cycle, to develop a mixed land use category and associated zoning classifications that would implement the land use concepts identified in the 1999 Hillview Small Area Study. The County employed the firm of Glatting Jackson to develop a set of text amendments to the County’s Comprehensive Plan that would: (1) Create the Mixed Development future land use designation; (2) Provide for a mix of uses within a development site without the requirement for a concurrent rezoning and allow for a transition of uses from parcel to parcel to protect residential uses from adverse impacts of nonresidential uses; (3) Strengthen the Planned Development and Higher Intensity Planned Development future land use designations; and (4) Provide an additional tool for use in decision-making regarding land use planning and development activities. He stated staff is recommending these plan policies as well as the revisions submitted and the shaded issues shown in the agenda packet. These are text amendments 1–6, 9-11 and 14. He added adoption of these policies would: (1) Create the Mixed Development future land use designation; (2) Provide for a mix of uses within a development site without the requirement for a concurrent rezoning and allow for a transition of uses from parcel to parcel to protect residential uses from adverse impacts of nonresidential uses; (3) Strengthen the existing Planned Development and Higher Intensity Planned Development future land use designations; and (4) Provide an additional tool for use in decision-making regarding land use planning and development activities.

Chairman Henley stated there are a lot of significant changes staff has presented to the Board tonight without it being reviewed by the Development Advisory Board (DAB), the LPA or the BCC.

Upon inquiry by Chairman Henley, Mr. Matthews there is no urgency for the Board to be confronted with this decision tonight. He stated from the time the DCA issues the ORC report, the Law allows the Board 60 days to decide what they want to do with these amendments.

Upon further inquiry by Chairman Henley, Mr. Matthews advised the 60 days will probably be up during the first week of November.

Commissioner McLain stated he also feels the Board has been presented with a lot of changes and information and he doesn’t see the rush of hearing these issues tonight.

Motion by Commissioner Morris, seconded by Commissioner McLain to delay the Spring 2000 Cycle Text Amendments to the Seminole County Comprehensive Code, as described in the proof of publication, until staff can take them for review by the DAB and P&Z, and bring these back to the Board at an appropriate date to meet the 60-day time limit.

Jeff Hartley addressed the Board to advise on behalf of Spring Valley Homeowner’s Association, they wouldn’t have any objections to the continuance.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Under discussion, Commissioner Maloy stated if the Board is going to move forward on this item, he feels it is best to have procedures and rules that will work for everyone.

Commissioner Morris stated he feels the P&Z is going to see a better review of the whole issue.

Upon inquiry by Commissioner Morris, Mr. Matthews advised he believes that all of these items can be presented to the P&Z in October.

Commissioner Van Der Weide stated he feels that the agenda items are being rushed tonight and if the Board moves forward with these items tonight, it would be a disservice to everyone involved. He stated he feels that these items should go back to the DAB and P&Z and, hopefully, all of the Board members will be briefed before it comes back to them.

Frances Chandler, Planning & Development Director, addressed the Board to state staff did inform the LPA that they will come back to them during their October hearings with some updates to the zoning portion of the Mixed Use land use.

Commissioner Van Der Weide left the meeting at this time.

Upon inquiry by Chairman Henley, Ms. Chandler advised the other two items are closely tied as it relates to the timing of the zoning districts. She stated if you don’t have a land use district, then you don’t need to have zoning districts to implement that. She informed the Board that if they do not transmit the future land use amendment during the fall cycle, it will probably be spring before it is transmitted.

Upon inquiry by Commissioner Morris, Ms. Chandler advised if all the items were delayed, they could be forwarded to the DCA during the fall cycle.

Upon inquiry by Chairman Henley, Ms. Chandler advised the amendments must be adopted by the end of the calendar year to meet the twice yearly deadline. The DCA must review the items, therefore, the time frame will be bumped up for the transmittal of adoption.

Commissioner Van Der Weide reentered the meeting at this time.

Upon further inquiry by Chairman Henley, Ms. Chandler advised if the Board does not choose to apply the Fall 2000 Future Land Use Amendment to the Hillview Area Plan Amendment, then that would not be necessary. She reviewed the two-step process of the Plan Amendments.

Upon inquiry by Commissioner McLain, Ms. Chandler advised the Board has an option of transmitting part of the amendments while they are going through the mapping process. If the Board would like to have more community input on that before they make a decision, staff would welcome that as well.

Upon inquiry by Chairman Henley, Ms. Chandler advised staff had intended to bring some administrative requested amendments to the Board. Staff has been working with the City of Sanford and other areas in the joint planning area, but that is for the spring cycle.

Upon inquiry by Commissioner Maloy, Commissioner Morris advised the motion captures the entire proposed text amendments, not just one.

Mr. Lee advised the motion includes the previous item, Item #63 (Spring 2000 Future Land Use Amendment; property located on the north side of SR 46, Seminole County) as well.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider Amendments to the Seminole County Land Development Code of Mixed Land Use Zoning Districts and other Miscellaneous changes, received and filed.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner McLain to continue the first public hearing of the Mixed Land Use Classification Ordinance to October 24, 2000 at 7:00 p.m., or as soon thereafter as possible, as described in the proof of publication.

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

A letter from Lou Musica requesting the Board to consider not eliminating billboards as a prohibited use from MROC and TI proposed zoning districts was received and filed.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to amend land use from Low Density Residential, High Density Residential and Industrial to Mixed Development; properties located in the northeast quadrant of SR 414 (Maitland Blvd.) and SR 434 containing approximately 119 acres, received and filed.

Upon inquiry by Commissioner Morris, Ms. Chandler stated if the Board is not interested in transmitting the Fall 2000 Future Land Use Amendment for December adoption, she would suggest bringing this item back as part of the Spring cycle.

No one spoke in support or in opposition.

Upon further inquiry by Chairman Henley, Ms. Chandler advised since Seminole County is the applicant they will withdraw this item at this time.

Dick Thomas, Transportation Specialist, addressed the Board to present two resolutions relative to linking an alternate route of the Greenway near the vicinity of the Sanford Orlando Airport to I-95 in Volusia County. He stated one of the resolutions refers to the Northeast Toll Road and the other refers to the Northeast Connector. He said the Board needs to adopt one of the resolutions.

Commissioner McLain left the meeting at this time.

James Marino, Deputy County Manager, addressed the Board to explain for Commissioner Morris the difference between the two roadways concepts.

Commissioner McLain reentered the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-194, as shown on page ________, supporting the NE Connector project.

Districts 1, 2, 3, 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 8:15 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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