The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:40 a.m., on Tuesday, September 26, 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 Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Absent: Commissioner Randy Morris

Father C. Alfred Cole, Jr., Holy Cross Episcopal Church of Sanford, gave the Invocation.

Commissioner McLain led the Pledge of Allegiance.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-195, as shown on page _________, proclaiming the month of November 2000 as "Native American Heritage Month".

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Van Der Weide presented the Resolution to Melody Rousey and Carmine Waters and Ms. Rousey expressed her appreciation.

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Chairman Henley informed the Board that Commissioner Morris will not be in attendance this morning as he is representing Seminole County at a Global International Conference in Orlando being held at 10:00 a.m.

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Ron Rose, President of the Sanford Chamber of Commerce, addressed the Board to express thanks for allowing him to talk about the Seminole County Cultural Arts Council. He stated members of the Board of Directors are here to speak on behalf of the Cultural Arts and he introduced Jack Wert.

Jack Wert addressed the Board to state many citizens and businesses feel that cultural arts is an important part of what they are looking for in the community. He stated when the citizens relocate, they look to see what type of cultural arts is in a community. He said over the past four years, the Cultural Arts Council has awarded $55,000 in grant money. He referred to the Cultural Arts Directory (received and filed) and advised the Board members that in order to see it correctly, they need to put on the 3-D glasses. He introduced Mike Piel and advised he knows cultural arts as he was one of the organizers of Woodstock.

Mike Piel addressed the Board to state it is a thrill for him to be on the Board of Directors. He stated there are people living in the County who are just absolute icons of arts and he would like for those who applied for grants to contact him.

Win Adams addressed the Board to state this year there were 17 different organizations that have applied for grants through the Seminole County Cultural Arts Council. He advised that the Council will be submitting the checks to those individuals in the lobby after their presentation.

Upon inquiry by Chairman Henley, Mr. Rose advised the Council needs to do more to build a better relationship with the Regional Cultural Arts Council. He stated he believes their latest agenda is to meet with them to validate a positive relationship.

Chairman Henley stated the Regional Cultural Arts is interested in letting this Board know of what they are doing and the one question proposed to them is are they aware of the Seminole County Cultural Arts program. He stated he feels that area needs to be promoted.

Mr. Piel stated the Seminole County Cultural Arts will definitely do that immediately.

Robert McMillan, County Attorney, addressed the Board to advise that Item #5, Approve Purchase Agreement/Stephen H. Coover/Richard L. Mamele property, will be withdrawn from the agenda. He stated the contract is not complete at this time, therefore, he will withdraw same and bring it back at the next meeting.

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

At the request of Commissioner Maloy, Mr. McMillan briefed the Board on the status of the lobbying ordinance.

Commissioner McLain left the meeting at this time.

Upon inquiry by Commissioner Maloy, Kevin Grace, County Manager addressed the Board to advise that Item #18, Award of A/B-3003-00, Landscape Maintenance, is just for facilities and does not include roadways.

Upon inquiry by Chairman Henley, Mr. Grace advised he has scheduled a work session relating to the road maintenance programs.

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

Districts 1, 3, and 4 voted AYE.

Jamie Croteau, Administrative Services Director, addressed the Board to present request for approval of a temporary position to serve as Owner’s Representative to oversee the Courthouse Expansion Project. She stated staff is currently negotiating a contract with HKS/Aci and they expect to bring a contract to the Board for approval sometime in October.

Commissioner McLain reentered the meeting at this time.

Ms. Croteau stated staff feels that this position is critical for assuring that the Courthouse project runs smoothly. This is a very complicated and complex project. Staff has some concerns about circulation and security, and they want to make sure that this will be a top quality building.

Upon inquiry by Chairman Henley, Ms. Croteau advised the construction phase would last approximately 36 months.

Chairman Henley stated he will not be supporting this item as the County already has an architectural firm under contract and a construction manager at-risk of this contract. He stated those representatives are the ones that were hired for the expertise. If another position is hired ($90,000), all they are doing is spreading the blame in case something goes wrong. He said he doesn’t mind supporting a position for the construction phase to make sure it is built according to specifications, but he cannot support this position for this length of time (4½ years).

Commissioner McLain stated he has some grave concerns about this as well. He stated he would have to agree with Chairman Henley on this issue.

Commissioner Van Der Weide stated he feels the Board may be premature on this position. He stated he believes the phases that they will be going through will be a few months from now. Therefore, it is premature for the Board to make a decision at this time.

Ms. Croteau pointed out that the majority of the issues that come up during the construction phase come up during the design phase. Many of the critical decisions about construction are made during the design process and that is why it is imperative to have someone on staff to help them with those decisions.

Chairman Henley stated staff is requesting a position but there is no job description or qualification requirements for the Board to review. He said he feels it would be a lot better for the Board to have this information to help them make a decision.

Ms. Croteau advised staff is looking for someone with a construction background to help them understand the decisions that are made during the design process. Staff is also looking for someone with excellent project management skills to manage this process.

Commissioner McLain stated he would hope work sessions will be scheduled relative to the Courthouse process to allow the Board an opportunity to evaluate some of the recommendations of the consultants and the contractor at-risk so that they can be an intricate part of that decision.

Mr. Grace stated he feels the Board is not comfortable moving forward on this issue today, therefore, he would suggest bringing this back at a later date.

Commissioner McLain stated there have been some problems with the Public Safety Building, but he feels those problems were with the people who built the building. He stated some shortcuts were taken and he is a little distressed that these were not caught.

Mr. McMillan left the meeting at this time.

Commissioner McLain stated he believes the County is on the right track, but he feels it is a little early to make a decision. He said the Board will take more of a hands-on approach to the courthouse and it would be beneficial if the new Deputy County Manager would have some background skills relative to construction issues.

Mr. Grace suggested withdrawing this item and bringing it back at a later date. The Board voiced no objections.

Mr. McMillan reentered the meeting at this time.

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Request to select the most qualified firm to provide Design Build Services for the Seminole County Juvenile Justice Center; and authorize staff to bring a negotiated contract to the Board with the selected firm for award of the contract, presented.

Ms. Croteau discussed the experience of the different firms and the Dun & Bradstreet information with Commissioner Maloy.

At the request of Commissioner Maloy, Frank Cardinal, Vice President of Metric Corp., addressed the Board to advise the Dun and Bradstreet Report is incorrect. The report that should be used is J.A. Jones Construction Co., which is the parent company for Metric Corp.

Upon inquiry by Chairman Henley, Mr. Cardinal advised the actual holding company is Philip Holtzman of J.A. Jones.

Upon inquiry by Commissioner McLain, Mr. Cardinal advised J.A. Jones holds financial responsibility for losses and theft.

Commissioner McLain stated he feels it would have been appropriate for a company to submit this information to the Board when they made their presentation. That company should have known that this is an issue that would have been a concern to the Board.

Chairman Henley requested that each Board member write their first selection on their business cards and submit same to the County Attorney.

Mr. McMillan announced that Commissioners Van Der Weide, Henley and McLain voted for The Collage Companies, and Commissioner Maloy voted for DLR. He advised the #1 ranked firm is The Collage Companies.

The Board then voted for the #2 ranked firm.

Mr. McMillan announced that all Board members voted for DLR Group. Whereupon, Mr. McMillan advised DLR Group is the #2 ranked firm.

Mr. McMillan advised that Lathan Corporation is the #3 ranked firm.

Business cards were received and filed.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to accept the following ranking for Design Build Services for the Seminole County Juvenile Justice Center: #1 The Collage Companies; #2 DLR Group; and #3 Lathan Corporation.

Districts 1, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize staff to negotiate a contract with the #1 ranked firm, The Collage Companies.

Districts 1, 3, 4 and 5 voted AYE.

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Cindy Hall, Fiscal Services Director, addressed the Board to request approval of a budget request for $175,000 from General Fund contingency for court-appointed attorney expenditures.

Upon inquiry by Chairman Henley, Mr. Grace advised that initially Judge Silvernail indicated that he would be in attendance today, but he found out yesterday that he would be unable to make it.

Commissioner McLain stated Judge Silvernail made a point to speak with him about this issue. He stated Judge Silvernail assured him that he will make every effort to resolve this issue.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve budget request for $175,000 from General Fund contingency for court-appointed attorney expenditures.

Under discussion, Chairman Henley stated he met with Judge Lester, Kevin Grace, Greg Haas, Stephen Lee and a gentleman from Orange County and they had a lengthy discussion. He stated the one thing they would like to obtain is a complete breakdown of the Orange County process, and a meeting is scheduled for this Friday to give them an opportunity to review this information.

Mr. Grace stated he has had preliminary discussions with Deloitte & Touche relative to auditing, but before staff moves further with that, he would like to schedule a work session briefing. He said he feels they are getting to the point where they are getting more of a handle on this issue. Staff would like to take some time to explain this to the Board so that they understand all of the different pieces and components. After that he would like to proceed with an audit of that function.

Chairman Henley stated unless there are any objections, staff will proceed with that course. The Board voiced no objections.

Districts 1, 3, 4 and 5 voted AYE.

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Matthew West, Principal Planner, addressed the Board to present request to adopt a resolution establishing procedures and fees for the release of conservation easements. He stated staff has received inquiries from property owners relative to releasing portions of conservation easements that had been dedicated to the County. The County Attorney’s office has indicated that easements are different than utility easements and vacation of right-of-ways. Therefore, they have drafted a resolution that will establish a procedure for releasing conservation easements.

Upon inquiry by Chairman Henley, Mahmoud Najda, Development Review Manager, addressed the Board to advise this is for conservation easements that do not function as conservation easements. He stated that issue is not included in the resolution.

Chairman Henley stated he feels that including that issue in the resolution would limit the possibility of a lot of requests.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve Resolution establishing procedures and fees for the release of conservation easements.

Under discussion, Commissioner McLain stated the Natural Lands Program bought a lot of property for the community and there were a lot of concerns when there was an attempt to use part of the conservation properties for development issues. In this particular case, sometimes processes put pressure on the Board to undo things they shouldn’t undo. He stated he wants to make sure that the County is not doing this for any particular property owner. He said he has some concerns with this and he feels it should be handled differently. He added he feels this will open the door for many property owners to approach this Board to try to get conservation easements that the Board put in place for the good of the County. Therefore, he cannot support the motion.

Commissioner Maloy stated it sounds to him that more information is needed, therefore, he will withdraw his motion.

Commissioner Van Der Weide stated he would have to agree and he will withdraw his second.

Mr. Grace stated if the Board feels uncomfortable with this item, staff will then withdraw the request.

Chairman Henley stated he is uncomfortable with a resolution that leaves it solely up to staff’s discretion of bringing this forth for approval.

Commissioner McLain left the meeting at this time.

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Gary Schindler, Senior Planner, addressed the Board to present request to approve the final PCD site plan and Developer’s Commitment Agreement for Gateway Crossings, located on the northeast corner of SR 434 and Arletta St., F.F. South & Co., Inc. on behalf of Crescent Seminole LLC and Gateway Crossings LLC. He stated staff believes that all issues have been resolved. The one issue to be resolved was the bus shelter and the applicant has indicated that he is willing to locate a bus shelter on SR 434. The applicant will revise the site plan to show where the shelter will be located. He added that the appropriate page of the Developer’s Commitment Agreement will be revised.

Ken Wright, representing the property owner, addressed the Board to state he concurs with staff recommendations and he would agree to working with Lynx and the County in putting a bus shelter on or near the site.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the final PCD site plan and Developer’s Commitment Agreement, as shown on page _________, for the Gateway Crossings, located on the northeast corner of SR 434 and Arletta St.

Districts 1, 3, and 4 voted AYE.

Chairman Henley advised that the briefing item for the Natural Lands Referendum 2000 will be continued to this afternoon’s meeting when a full Board is present.

Mr. Grace stated he has submitted a copy of a resolution (received and filed) from the City of Sanford supporting the Trails Referendum.

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

Districts 1, 3, and 4 voted AYE.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve expenditure from the Law Enforcement Trust Fund in the amount of $2,000 to provide a contribution to the 2000 Red Ribbon Campaign.

Districts 1, 3, and 4 voted AYE.

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The Board recessed the meeting at 10:50 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners (including Commissioner Morris who entered late) and 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 McLain, seconded by Commissioner Van Der Weide to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.

Districts 1, 3, 4 and 5 voted AYE.

Colleen Rotella, Planning & Development, addressed the Board to advise since the August 22 meeting, staff has held meetings with the Trails and Greenways Advisory Committee and representatives from environmental organizations in order to prioritize potential projects for the Natural Lands 2000 program. She reviewed the recommendations of the Trails & Greenways Advisory Committee as outlined in the agenda memorandum.

Commissioner Morris entered the meeting at this time.

Ms. Rotella said the highest priorities are the "Showcase Trails", which are the Seminole Wekiva Trail; Cross Seminole Trail; Flagler Wilderness Trail, Riverwalk Urban Trail; and the Florida Natural Scenic Trail. The next set of priorities is the school trail connectors. The third highest priority is the trail connectors for neighborhoods. She advised that the environmental organizations have recommended the following: (1) Re-establish the Natural Land Advisory Committee; (2) In order to be consistent with the intent of the ballot language, funds should be shared equitably between trails projects and purchase of additional natural lands; and (3) Priorities should be acquisition of additional lands for preservation along the Wekiva River, Econ River, Lake Jesup and St. Johns River. She distributed a hand-out (copy received & filed) outlining options for funds distributions, stating the staff has brought forward these options for the Board's consideration on how to split the money between the showcase trails, connector trails, city requests and natural lands. Discussion ensued.

Upon inquiry by Commissioner McLain, Sanford City Manager, Tony VanDerworp, addressed the Board to advise the money for the Riverwalk Trail along Lake Monroe will only be used for the trail and not the seawall restoration.

Ms. Rotella reviewed the city requests as listed on the hand-out.

Chairman Henley stated he believes the trails are more important than the overpasses.

Discussion ensued among the Board with regard to the funding options.

Commissioner Morris stated the safety of children and population centers should be the priorities.

Commissioner McLain stated that in looking at the three options, he believes it is important to show equity. Therefore, he suggested an Option D, which would include 40% for the County trail system; 20% for connector trails; 20% for city requests; and 20% for natural lands. He added that he supports acquiring more natural lands along the Wekiva River and, in his opinion, Katie's Landing is property that needs to be purchased.

Chairman Henley stated he wants to take a look again at the list and see if this Option D fits because adjustments might need to be made. He said that Option D is a good start.

Commissioner McLain agreed that Option D could be flexible.

Commissioner Van Der Weide concurred that this needs to be flexible relative to what may come available in natural lands.

Motion by Commissioner Morris, seconded by Commissioner McLain to approve Option D-1 (with flexibility) for the Natural Lands 2000 "Completing the Trails Connection" Referendum as follows: 40% - Trails; 20% - Connectors; 20% Cities' Requests; and 20% Natural Lands; with direction to staff that the Board is attempting to go to population centers and to have safety as a top priority.

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

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The Board briefly discussed the brochure for the referendum. Copy of proposed brochure was received and filed.

The Board directed staff to bring back a revised brochure including the list of priorities for consideration at the next BCC meeting prior to going to print.

Proof of publication, as shown on page _______, calling for a public hearing to consider request to adopt the Additional Homestead Ordinance, granting an additional $10,000 homestead tax exemption to taxpayers over the age of 65 with incomes no greater than the qualifying amount ($20,000 per year, per household, as adjusted annually for change in cost of living), received and filed.

County Attorney Stephen Lee addressed the Board to present the proposed ordinance.

Commissioner Van Der Weide stated he sees this as a positive step in the right direction.

Commissioner McLain stated he proposed to implement this last year; however, the Board decided against it. He said he is glad to see the Board moving forward on this and would like to approve the full $25,000 exemption. He questioned if the Board would support increasing the exemption.

Chairman Henley stated in view of the fact that the Board had to borrow money to balance the budget this year, he would be reluctant to make any change at this time.

County Manager, Kevin Grace, advised if the Board wanted to increase the amount of the exemption, they would have to readvertise the ordinance.

Commissioner McLain stated he does not feel borrowing the money for the road program is an issue as far as balancing the budget.

After a brief discussion, the Board agreed to add the words "per household" in the last paragraph of page 2, after the words (amount of $20,000...).

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-49, as shown on page _______, as amended, granting an additional $10,000 homestead tax exemption to taxpayers over the age of 65 with incomes no greater than the qualifying amount ($20,000 per year, per household, as adjusted annually for change in cost of living), as described in the proof of publication.

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

Continuation of a public hearing to consider the Substantial Deviation to Heathrow International Business Center Development of Regional Impact (DRI), for property located south and west of Banana Lake Road and east of Island Lake, as described in the proof of publication, Kenneth Wright.

Matt West, Development Review, addressed the Board to present the request, advising the applicant wishes to build an additional 268 apartment units within the DRI. He distributed a copy of revised development order (received & filed), pointing out revisions on pages 3 and 4. He notified the Board that the County has not received comments from the Department of Community Affairs (DCA); however, they may be forthcoming in a few days. Also, the East Central Florida Regional Planning Council (ECFRPC) has not had an opportunity to review the transportation analysis.

Upon inquiry by Commissioner Morris, Mr. West advised the Statutes read that the local governing body will act upon the application after receiving comments from the DCA.

Upon further inquiry by Commissioner Morris, Mr. West advised staff has reviewed the revised development order and are comfortable with it.

CoCo Wu, Engineering Division, addressed the Board to advise he has reviewed the transportation analysis and is comfortable with it.

Mr. West further advised that the City of Lake Mary has deferred their authority on this to the County. He added that should the Board wish to approve this request, it should be subject to the action of the Regional Planning Council and comments from the DCA.

Attorney Ken Wright, representing the developer, addressed the Board to advise he has met with representatives of the Regional Planning Council and the DCA on several occasions in order to devise a method for this request. He explained that the reason this has been delayed is because they were waiting for the monitoring and modeling study to be completed.

Upon inquiry by Chairman Henley, Mr. Wright stated he does not have a problem with the Board approving this subject to the receipt of comments from the Regional Planning Council and DCA. He acknowledged that they are at risk to come back if there are comments contrary to what is in the approved development order.

Mr. McMillan advised the Board can approve this subject to receiving no comments from either the DCA or the ECFRPC that would affect anything in the development order. If there are comments that need to be addressed, they would have to come back for another hearing. He further advised that from a precedent standpoint, he would not like to see the Board get into the habit of approving items in advance of the input from the DCA and ECFRPC.

Sandra Glenn, Executive Director of the ECFRPC, addressed the Board to state Mr. Wright is correct in saying that they have met many times in order to try to find the correct process to add this community to the DRI. She stated that if a precedent is set by the BCC approving this subject to the DCA and ECFRPC, it is not one that they cannot live with because each DRI is different and unique. Copy of letter dated September 22, 2000 from the ECFRPC was received and filed.

Mr. Wright advised they have included in the proposed development order the issues raised in the September 22 letter from ECFRPC.

Upon inquiry by the Chairman, Mr. Wright advised his client would be very appreciative if the Board would proceed with this request at this time.

No one else spoke in support or in opposition.

District Commissioner McLain stated this has been a long ongoing process - one that is very expensive for the property owner to deal with. Under the circumstances, with the applicant willing to take the risk, he would recommend approval.

Motion by Commissioner McLain, seconded by Commissioner Morris to move forward with the Development Order, as shown on page _______, for the Substantial Deviation to Heathrow International Business Center Development of Regional Impact (DRI), for property located south and west of Banana Lake Road and east of Island Lake, as described in the proof of publication, Kenneth Wright, subject to comments and recommendations of the Department of Community Affairs and the East Central Florida Regional Planning Council.

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 right-of-way known as a portion of Lake Harney Circle measuring 60 feet wide and approximately 100 feet deep, property located within the plat of Rest Haven on Lake Harney, Rob Warble, Robert & Betty Granger, Forest & Martha Foote, received and filed.

John Omana, Development Review, addressed the Board to present the request, stating he is in receipt of a letter (received & filed) from the applicant agreeing to provide two 12-foot wide maneuvering lanes north of the vacated area in order to accommodate the turn-around area. The lanes will be asphalt, concrete or other firm surface material as approved by County staff.

Hugh Harling, representing the applicant, addressed the Board to state he concurs with staff comments.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-200, as shown on page _______, vacating and abandoning right-of-way known as a portion of Lake Harney Circle measuring 60 feet wide and approximately 100 feet deep, property located within the plat of Rest Haven on Lake Harney, as described in the proof of publication, Rob Warble, Robert & Betty Granger, Forest & Martha Foote, subject to the dedication of the utility easement and redesign of Lake Harney Circle so as to accommodate a cul-de-sac or other turn-around area acceptable to Seminole County.

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

Continuation of a public hearing to consider a Notice of proposed change to extend the build-out date for the Lake Forest Development of Regional Impact (DRI), for property described as approximately 583 acres zoned PUD located west of Oregon Avenue, east and south of Orange Boulevard and north of SR 46, as described in the proof of publication, Miranda Fitzgerald, attorney for Orlando Lake Forest Joint Venture, received and filed.

Commissioner Morris left the meeting at this time.

Mr. West presented the request, advising this is a two- phase project. He said that recently a traffic monitoring and modeling study was completed which indicates that no additional traffic improvements will be required for build-out. He added staff recommends approval.

Attorney Greg Lee, representing the applicant, addressed the Board to state he concurs with staff's comments.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to find that requested changes to the Lake Forest DRI are non-substantial changes that do not require further review; to approve the Second Amended and Restated Development Order, as shown on page ________, for the Lake Forest Development of Regional Impact; and authorize the Chairman to execute the development order as requested for property described as approximately 583 acres zoned PUD located west of Oregon Avenue, east and south of Orange Boulevard and north of SR 46, as described in the proof of publication, Miranda Fitzgerald, attorney for Orlando Lake Forest Joint Venture.

Districts 1, 3, 4 and 5 voted AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider the Oviedo Marketplace Development of Regional Impact (DRI) Notice of Proposed Change for property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417, Carey Hayo on behalf of The Viera Company, received and filed.

Mr. West presented the request, advising the project is developing phase two of three phases. A monitoring and modeling study has been submitted and reviewed by the State. That study raised concerns with three different roadways - intersection of Red Bug Lake Road & SR 436, intersection of SR 426 and SR 434, and SR 426 between Mitchell Hammock Road and Winter Springs Blvd. He reviewed the needed improvements to these roadways as outlined in the agenda memorandum. He also reviewed the proposed changes to the development order. He advised that he has discussed this with the City of Oviedo's staff and they did not have any significant issues that would affect the development order proposed for Seminole County.

Commissioner Morris re-entered the meeting at this time.

Upon inquiry by District Commissioner Maloy, Antoine Khoury, Public Works, addressed the Board to advise traffic would be reduced with these proposed changes.

Chairman Henley questioned if there was any request from the homeowners association for a meeting to discuss this proposal. Whereupon, Mr. West advised he did not receive any calls about this request.

Attorney Hal Kantor, representing the applicant, addressed the Board to advise they agree with the staff comments. He further advised that FDOT, ECFRPC, and the DCA all agree with this application.

Upon inquiry by Commissioner Morris, Mr. Kantor advised he has received no requests from any homeowners association for a meeting to discuss this project.

The Chairman submitted into the Record a copy of a letter from George Morris, President of the Tuscawilla Homeowners Association, and a copy of a letter from Moti Khemlani, both in opposition to the request.

No one else spoke in support or in opposition.

District Commissioner Maloy recommended approval, stating he would agree with the letters in opposition if this was creating new development or increasing traffic.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to find that the changes to the Oviedo Marketplace DRI are non-substantial changes that do not require further review; to approve the Third Amended and Restated Development Order for the Oviedo Marketplace DRI; and to authorize the Chairman to execute the Development Order as requested for property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417, as described in the proof of publication, Carey Hayo on behalf of The Viera Company.

Under discussion, Commissioner McLain stated he is concerned that the president of the homeowners association is opposed to this. He said the residents may not be opposed if they were aware of what the actual request is. He further said he cannot support the motion because he would like to continue this item so that the District Commissioner can work with the homeowners to see if an understanding can be reached.

Commissioner Van Der Weide stated he has no problem continuing this item and is surprised that the homeowners are not in attendance.

Discussion ensued between the Board and Mr. Kantor with regard to continuing the item.

Commissioner Maloy withdrew his motion at this time and Commissioner Van Der Weide withdrew his second.

Mr. Kantor stated they will make a concerted effort to meet with the homeowners before the next meeting.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue until October 24, 2000 at 7:00 p.m., or as soon thereafter as possible, consideration of the Oviedo Marketplace Development of Regional Impact (DRI) Notice of Proposed Change for property described as approximately 413 acres of land zoned PUD located at the northwest corner of Red Bug Lake Road and SR 417, as described in the proof of publication, Carey Hayo on behalf of The Viera Company.

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

Commissioners Morris and McLain left the meeting at this time.

Proof of publication, as shown on page ________, calling for a public hearing to consider an amendment to the Final PUD Master Plan and Developer's Commitment Agreement; and request to rezone from PUD to PUD for property generally described as being located at the intersection of Red Bug Lake Road and SR 417 (The Greenway), The Viera Company, received and filed.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue until October 24, 2000 at 7:00 p.m., or as soon thereafter as possible, consideration of an amendment to the Final PUD Master Plan and Developer's Commitment Agreement; and request to rezone from PUD to PUD for property generally described as being located at the intersection of Red Bug Lake Road and SR 417 (The Greenway), as described in the proof of publication, The Viera Company.

Districts 1, 3 and 4 voted AYE.

The Chairman advised of a request from the City of Winter Springs for assistance to lobby for a grant to move the trail through Winter Springs. He stated that traditionally the Board has not put that burden on the County's lobbyist. He suggested individual Commissioners can make calls to Tallahassee on behalf of the City.

Commissioner Morris and Commissioner McLain re-entered the meeting at this time.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize Commissioner Morris and the County Manager to assist Winter Springs with regard to a grant to move the trail through Winter Springs.

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

Commissioner Henley advised the homeowners have come up with some options for the paving of Grove Lane. Those options have been relayed to staff and will be coming back before the Board in the future.

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Motion by Commissioner McLain, seconded by Commissioner Morris to appoint Connie Kreinbring to the Disability Advisory Committee; and Tony DeMarchi to the Parks and Recreation Board.

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

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Commissioner Maloy advised of discussions with regard to the Lynx bus services from Volusia County.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Morris stated he will not vote for one penny of additional funding for a route until such time as what was committed to (work with Heathrow & Pizutti for a shuttle van) is done.

Discussion ensued between the Board and Planner, Dick Thomas, with regard to sites in Heathrow for park and ride lots.

The Board requested Mr. Thomas to report back on same.

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Commissioner Morris advised they are moving forward with the traffic light in front of Winter Springs High School.

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Commissioner McLain advised he has asked his aide to communicate with the School Board about moving the bus stop in the Sanford community where there have been two recent rapes. He said the bus stop needs to be moved for safety reasons so that the children will have a better access to it.

The Board directed the County Manager to assist in getting this bus stop moved.

Commissioner Morris advised the Economic Development Commission will be reorganizing over the next three or four months. He said the primary impact will be that the Board will expand into the educational area.

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Chairman Henley reported on the Zoo fund-raiser sponsored by the Orlando Greater Chamber of Commerce. He advised that Darden Restaurants donated $1 million for the expansion project.

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Chairman Henley advised he will be attending the Regional Leadership Forum at Amelia Island on November 8, 9 and 10, 2000.

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

1. Notice and agenda for 9/18/00 City of Oviedo Council meeting.
2. E-mail dated 9/15/00 to BCC from Arthur Evans re: Support for Winter Miles project. (cc: Co. Manager, Deputy Co. Manager [Marino], Library Services, Planning & Development)
3. Letter dated 9/15/00 to BCC from Ed Posey, Executive Director-Central Florida Zoological Park re: Public phase of zoo capital campaign. (cc: Co. Manager, Deputy Co. Managers)
4. Copy of letter dated 9/13/00 to Honorable J. Preston Silvernail (with attached request from Supervisor of Elections) from Chairman re: Appointment to Canvassing Board. (cc: BCC, Co. Manager, Supervisor of Elections)
5. Letter dated 9/13/00 to BCC (with attached Ordinance #3578) from Janet Dougherty, City Clerk-City of Sanford re: Upcoming annexation. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
6. Letter dated 9/12/00 to Chairman from Bruce Brodfuhrer re: Lake Tuskawilla rezone. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
7. Letter dated 9/14/00 to Chairman from George O’Dell re: Economic Incentives. (cc: BCC, Co. Manager, Deputy Co. Managers, Economic Development)
8. Letter dated 9/12/00 to Kevin Grace, Co. Manager (with attached Ordinance #3576) from Janet Dougherty, City Clerk-City of Sanford re: Annexation into City of Sanford. (cc: Planning & Development, Property Appraiser)
9. Facsimile dated 9/13/00 to BCC (with attached correspondence and information to Congressman Mica) from Susan Eberle re: Stormwater projects. (cc: Co. Manager, Deputy Co. Manager [Marino], Stormwater)
10. Facsimile dated 9/14/00 to BCC (with attached report) from Susan Eberle re: Permitting in the Econ river basin. (cc: Co. Manager, Deputy Co. Manager [Marino], Stormwater)
11. E-mail dated 9/13/00 to BCC from Brenda England re: Support for Big Oaks Ranch activities. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
12. E-mail dated 9/14/00 to BCC from Colleen Thompson, President of Stillwater re: Budget Hearings. (cc: Co. Manager, Deputy Co. Managers)
13. E-mail dated 9/13/00 to BCC, Co. Manager, Fire & Rescue Chief from Tim Hickman, President-Sem. Co. Professional Fire Fighter re: Salary information.
14. Memorandum dated 9/12/00 to BCC, et al (with attachment) from Heather Bradshaw-Ells, Principal Engineer through Jerry McCollum, Co. Engineer re: Revised I-4 pedestrian bridge schedule.
15. Memorandum dated 9/13/00 to BCC (with attachment) from Kevin Grace, Co. Manager re: Economic Development Manager. (cc: Co. Attorney, Deputy Co. Managers, Department Directors)
16. E-mail dated 9/12/00 to BCC from Cindy Hall, Fiscal Services Director re: Charter Review expense breakdown. (cc: Co. Manager, Deputy Co. Managers)
17. Facsimile dated 9/12/00 to County Executive from Nancy Kirshner-Rodriguez, US Department of Housing & Urban Development re: HUD’s new lead safe housing rule. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development, CDBG)
18. Local government monthly mailer from St. Johns River Water Management – September 2000.
19. Notice and agenda for St. Johns River Water Management governing board meeting 9/12 & 9/13/00.
20. Copy of letter dated 9/11/00 to Raymond Valdes, Tax Collector (with attachment) from Darrell Smith, Budget Services Director-Department of Revenue re: FY 2000/01 budget. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services)
21. Notice dated 9/8/00 from Doug Fetzer, Publisher-Seminole Herald re: Legal Advertising. (cc: BCC, Co. Manager, Deputy Co. Managers)
22. Memorandum dated 9/12/00 to BCC (with attachment) from Cindy Hall, Fiscal Services Director re: JGI Revenue. (cc: Co. Manager, Deputy Co. Managers)
23. Copy of letter dated 9/7/00 to Kevin Grace, Co. Manager from Rick Marrinson, DVM, Longwood Veterinary Clinic re: Sterilization services. (cc: BCC, Public Safety, Animal Control)
24. Memorandum dated 9/12/00 to Distribution list (with attached ordinance #1377-00) from Doris-Anne Freeman, Administrative Assistant-City of Altamonte Springs re: Annexation. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino])
25. Memorandum dated 9/7/00 to Water 2020 Work Group Members from Barbara Vergara, Director-Division of Water Supply Management, St. Johns River Water Management re: Commencement of the regional decision- making process.
26. Notice & agenda for 9/21/00 City of Lake Mary Comprehensive Plan Amendment hearing. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
27. Copy of letter dated 9/12/00 to Gertrude Lukas from Suzy Goldman, Library & Leisure Services Director re: Donation of sago palm. (cc: BCC, Karen Jacobs-Museum Specialist)
28. Copy of letters dated 9/11/00 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Norman Cote, Richard Lazar, Angela Garcia.
29. Contracts for services, as shown on page ________, between Seminole County Parks & Recreation and the following: Donna Jones (field supervisor); David Friend (score keeper).

1. Letter dated 9/21/00 to Chairman (with attached) from Larry Dale, Mayor-City of Sanford re: Activities of Sanford Advertising Co-op. (cc: BCC, City Commission, City Manager, Deputy City Manager, Co. Manager, Deputy Co. Managers)
2. Executive Order 2000-289 – Tropical Storm Helene from Joe Myers, Director-Fla. Division of Emergency Mgmt. (cc: BCC, Co. Manager, Deputy Co. Managers)
3. Letter dated 9/13/00 to County Manager (with attached) from Richard Wells, AICP Community Development Director-City of Casselberry re: Annexation. (cc: BCC, Planning & Development, Property Appraiser)
4. Judicial Order appointing Kenneth McIntosh to the Seminole County Canvassing Board for 10/03/00 Second Primary from J. Preston Silvernail, Chief Judge-Eighteenth Judicial Circuit. (cc: BCC, Co. Manager, Supervisor of Elections, Kenneth McIntosh)
5. Letter dated 9/19/00 to Chairman from Milt & Anne Gillespie re: Rezoning for Lake Tuskawilla property. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
6. Copy of letter dated 9/20/00 to Imogene Yarborough from Chairman re: Dedicating a wilderness area in memory of Ed Yarborough. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
7. Copy of letter dated 9/21/00 to Dr. Jennifer Bencie, Director-Seminole Co. Health Department from Chairman re: Support to expand chronic disease intervention program. (cc: BCC, Co. Manager, Deputy Co. Manager [Coto], Community Services Director)
8. Copy of letter dated 9/18/00 to Dr. Harold Worrall, Executive Director-OOCEA (with attachments) from Kevin Grace, Co. Manager re: Support for northeast connection project. (cc: BCC, Deputy Co. Manager [Marino], Planning & Development Director, Principal Transportation Planner)
9. Copy of identical letters dated 9/19/00 to James Brockman, DVM; Keith Creeden, DVM; Rick Harrinson, DVM; Robert Hess, DVM (with attached correspondence received) from Kevin Grace, Co. Manager re: Animal spay/neuter services. (cc: BCC, Deputy Co. Manager [Coto], Public Safety Director, Animal Services Official)
10. Copy of letter dated 9/15/00 to James Purdy (with attached correspondence) from Chairman re: Raphael’s Realm.
11. E-mail dated 9/21/00 to BCC from Walt Walker re: Big Oaks Ranch, Board of Adjustment Meeting. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)
12. Letter dated 9/19/00 to BCC from Bill Schneeman, Director of Operations-Lynx re: Fare increase. (cc: Co. Manager, Planning & Development Director, Lynx Board of Directors, Byron Brooks-Lynx Interim Executive Director)
13. Memorandum dated 9/13/00 to BCC (with attachment) from Betsy Cohen, Contracts Supervisor re: Design Build Services for Juvenile Justice Center. (cc: Co. Manager, Fiscal Services Director, Purchasing Manager)
14. Copy of letter to Kevin Grace, Co. Manager (with attachment) from Jo Ann Howard, Administrator-Federal Emergency Management Agency re: Increase of Seminole County to a Class 7 in National Flood Insurance Program rating. (cc: BCC, Development Review, Deputy Co. Manager [Marino])
15. Memorandum dated 9/18/00 to BCC, Co. Manager, Deputy Co. Managers, Co. Engineer, Planning & Development Director, Stormwater Manager, Stormwater Principal Engineer, Development Review Manager, Building Official, Building Technician (with attachment) from Rob Gebaide, Assistant Co. Attorney re: Public Records Request.
16. Copy of letters dated 9/18/00 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Roger Wilhits, Mary Snell, Lee Ann Carson, Thomas Foley, Roxie Stice.

Mr. Grace advised he will not be present at the October 10, 2000 BCC meeting; and Deputy County Manager, Jim Marino, will take his place.

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Mr. Grace advised that Deputy County Manager, Cindy Coto's, last day will be October 17, 2000.

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The Board, thereupon, recessed at 4:35 p.m., reconvening at 7:02 p.m., this same date with all Officials, with Commissioner Maloy entering late, and with the exception of Deputy Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of the final FY 2000/2001 Seminole County Budget and millage rates, received and filed.

Chairman Henley stated this is the second public hearing for adoption of the final budget. He reviewed the actions taken at the first public hearing and said the Statutes are very specific as to the procedures the Board must follow as to adoption of the budget.

Commissioner Maloy entered the meeting at this time.

Chairman Henley advised the procedures to be followed. He stated the millage rate adopted at the second public hearing cannot be greater than the tentative rates approved by the Board at the first public hearing.

Upon direction by Chairman Henley, Cindy Hall, Fiscal Services Director, addressed the Board to discuss the millage rates necessary to fund the budget, as identified on page 3 of the FY 2000-2001 Budget Second Public Hearing Document (copy received and filed). She stated that based upon the tentative millage rates, the tentative "aggregate" millage rate, exclusive of voted debt service millage, is 6.3484 which represents a 3.87% increase over the "aggregate" rolled-back millage rate of 6.1121.

County Manager, Kevin Grace, addressed the Board to reiterate this has been one of the more difficult budget processes he has been involved with in Seminole County, primarily due to several budgetary challenges he faced this year caused by the costs in the court-appointed attorney area, fuel costs, and facility repairs to the Jail and the County Services Building. He said these three areas amount to approximately $5 million combined expenditures in the budget. He said he and staff have been able to meet these and also accommodate the Board’s funding priorities. He stated the adopted priorities are again public safety and transportation, and he is continuing to fund the plan for the Courthouse project. They have accomplished all this while keeping the tax millage rate stable.

Ms. Hall briefly summarized the proposed new adjustments (copy received and filed) to the budget totaling $192,799. She said the total budget that is requested for approval tonight is $474,302,367.

Sara Jacobson, 1203 E. Seminole Boulevard, Chairman representing the Sanford Advertising Co-op, addressed the Board to state she is requesting an additional item to the budget. She explained that this group of private property and business owners do not feel they are realizing their business success to its fullest potential, and they have formed to let others know what’s so special about Sanford.

Chairman Henley stated Ms. Jacobson has provided each Commissioner with a copy of the Co-op’s proposal (received and filed).

Ms. Jacobson continued that they want all to be aware that there are things to be marketed in Sanford. She explained they have created an initial selling and awareness campaign and their goal is to help greater Sanford and North Seminole County.

Commissioner McLain stated the City of Sanford is participating in this project in the amount of $25,000 and he understands Ms. Jacobson would like the Board to participate with the City in promoting the economic development of Sanford and is requesting $25,000 from the County. He said he thinks this is a very worthy cause and he could support it.

Upon inquiry by Commissioner McLain, Mr. Grace stated the money could come from Economic Development or General Fund Reserves, if this were to be included in the budget.

Chairman Henley asked the Board to make note of this request. They will hear other input and then take up this request for consideration during the Board discussion.

Joan Thompson, addressed the Board representing the Missing Children Center. Upon inquiry by Chairman Henley, she advised that she did submit her request earlier for the grant program. Whereupon, Chairman Henley stated these requests are now being given consideration and staff will make a recommendation to the Board next month. He explained it is not the Board’s intent to hear a formal presentation from all the entities. He asked her to keep her comments brief tonight.

Ms. Thompson stated she has a feeling that there has been a misinterpretation that they do the same thing that law enforcement does. She has spoken with several law enforcers and received their input on how important the Missing Children Center is. She said they have found 90 children and actually helped 166 cases this year.

Commissioner McLain stated the Center is doing a wonderful job. He encouraged Ms. Thompson to be present at the time the Board makes the decision so she will be available if the Board has questions.

Upon inquiry by Chairman Henley, the representatives from Safehouse indicated they did not wish to speak.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner McLain thanked Mr. Grace and staff for the excellent job done dealing with all the issues and programs. He thanked the staff for making sure the Board found a way of accomplishing all the goals within the budgetary constraints.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt the appropriate Millage Levy Resolution #2000-R-201, as shown on page ________.

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

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt the appropriate Budget Resolution #2000-R-202, as shown on page ________, for all funds and recommended positions and pay bands as initially presented to the Board of County Commissioners by the County Manager in his official capacity as Budget Officer (per Florida Statute 129.025) and subsequently amended by the Board of County Commissioners.

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

Chairman Henley thanked the staff, on behalf of the Commission, for their fine work, diligence, and input into the budget.

Commissioner McLain recommended that Mr. Grace bring a recommendation of his preference to the Board at the next meeting on October 10 as to where the money would come from to fund the request from the Sanford Advertising Coop. Chairman Henley said the Board could deal with the request at that time or when all the grants are brought before the Board.

Commissioner Morris said he does not believe this is an appropriate fund under the General Fund line item. He said he concurs that this is a very worthy program. He said the Sanford CRA would be the most logical place for funding; or secondly, the 17-92 CRA; or thirdly, the Economic Development Fund.

Commissioner McLain concurred and said that is why he suggested looking at the Economic Development Fund.

Commissioner Maloy agreed with Commissioner Morris. He said he thinks this is more specific to a redevelopment effort.

Commissioner Van Der Weide said he thinks the District Commissioner spelled it out to bring this back for a recommendation and the Board can address it at that time.

Chairman Henley said he also thinks the County Manager needs to meet with the appropriate staff people and come back with a recommendation regarding where the funds would come from if the Board chose to put this into effect.

Commissioner Morris said he and Commissioner Maloy have voiced their statements that this not be considered a General Fund item and he hopes that does not come back to the Board. Commissioner McLain concurred and said if the Board is trying to focus on redevelopment to help small businesses, he thinks the CRA’s and Economic Development Fund are good alternatives.

Mr. Grace expressed his thanks to the Budget staff and other staff, who put in many hours and were very helpful with the budget process.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:40 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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