Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor Ron Williams, Palmetto Avenue Baptist Church, gave the Invocation.

County Manager, Kevin Grace, led the Pledge of Allegiance.

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

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

County Engineer, Jerry McCollum, addressed the Board to introduce Mark Callahan of the consulting firm of CH2&Hill, advising he will be making the presentation concerning the status of the I-4 Master Plan.

Mark Callahan addressed the Board to give a slide presentation, advising the proposed improvements to I-4 are being referred to as the "Six plus Two", which consists of six general use lanes (3 in each direction) and two HOV (High Occupancy Vehicles) lanes (1 in each direction). This improvement will run from the Beeline, through the City of Orlando, through Seminole County to 472 in Volusia County. The "Six plus Two" concept has a barrier separation for the HOV lanes. The HOV lanes can also be used for HOT lanes. He also advised that they, along with FDOT have been conducting informational meetings with governmental entities, County and City staffs, and the public.

Mr. Callahan discussed the proposed improvements to the SR 434 Interchange, describing the two options for same. He said they have also been working on the access to the Port of Sanford and feel, from a transportation standpoint, the overall access would be best served off of 17-92. He further said the St. Johns River Bridge is proposed to be improved, explaining that two new bridges will be constructed on each side of the existing bridge and the existing bridge will then be torn down because of structural issues with it.

Upon inquiry by Commissioner Van Der Weide, Mr. Callahan advised FDOT has programmed the construction of the bridge to begin 2003/2004; however, it is his understanding that the Governor is reviewing the bonding situation for the State and if he approves the use of GARVEE Bonds, then FDOT will do a re-prioritization. He said the bridge is one of the highest priorities and will probably be moved up and construction could begin as early as next year. The construction period will be two to three years and the bridge will be at the same height as the 17-92 bridge.

Mr. Callahan also advised that FDOT is proposing erecting noise barriers, and he discussed the details of same. Other improvements are the I-4/46A Interchange which should be open in November 1999; the SR 417 Missing Link programmed for construction next year; and the I-4 widening from Lake Mary Boulevard to west of 17-92 programmed for 2001. Copies of slides were received and filed.

A brief discussion ensued between Commissioner Maloy and Mr. Callahan with regard to elevating I-4.

Commissioner Morris commended FDOT for their work on the missing link, the bridge and the 46A Interchange. He requested FDOT look at the possibility of erecting a noise barrier on the west side of I-4 approximately 1/2 mile to the north of E.E. Williamson Road.

Discussion ensued between Commissioner Van Der Weide and Mr. Callahan with regard to the HOV lanes and what can be done if they are seriously underused.

Mr. McCollum advised that a draft of new lane policies has been developed and is under review. He also advised that MetroPlan will be considering the revised policies in October.

County Manager, Kevin Grace, advised of add-on (#23) to the Consent Agenda.

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

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The Board recessed at 10:25 a.m., reconvening at 10:35 a.m., with all Commissioners present.

DCM, Cindy Coto, addressed the Board to advise the County requested competitive proposals on its Group Health Insurance Program in June 1999. Of the four responses, the Insurance Committee asked Blue Cross/Blue Shield, Cigna and United Healthcare of Orlando to participate in interviews and to also resubmit their prices prior to the interviews. All three complied which resulted in a 10% reduction for Blue Cross and for United Healthcare and a 4.5% reduction for Cigna. Issues discussed during the interviews were premium cost, coverage, and provider networks. On the basis of the revised rates, the Insurance Committee asked Cigna and United Healthcare to submit their best and final offer. This resulted in a 2% reduction from Cigna and no further reduction from United Healthcare. She stated that the Insurance Committee recommended United Healthcare Option II and the Risk Management Committee recommended Cigna pending receipt of additional information from both Cigna and United Healthcare. The Committee also requested County Consultant, Waters Risk Management, to solicit information on the formularies and providers for both companies and to submit a comparison of these for the BCC's review. She added that comparison is included in the Agenda Memorandum and she briefly reviewed same with the Board.

Commissioner McLain stated that based on many factors, he believes it is appropriate for the Board to go with United Healthcare Option II. He said this program maintains an open access as far as employees being able to see any physician in the network without a referral. There are a larger number of physicians available and the formularies will be better. He also said the majority of the Constitutional Officers are in support of United Healthcare.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to award RFP-470/99/BJC, Health Insurance, to United Health Care Option II in the amount of $7,273,067.

Under discussion and upon inquiry by Commissioner Morris, Al Waters addressed the Board to advise he would rate the County's insurance program as good to above average. He also advised that comparatively speaking, this increase is below what he has seen in other places.

Commissioner McLain pointed out the County pays 100% of the employees' coverage and 52% of the dependants' costs. Because of that, he feels it is inappropriate for the Board to be asked to put any more money into reducing the employees' cost portion.

Chairman Henley stated he can support the United Healthcare proposal since the changes have occurred after the Risk Management meeting.

Upon inquiry by Ms. Coto, Commissioner McLain advised he will include in the motion the rate redistribution as outlined in Ms. Coto's Memorandum (copy received & filed) dated September 27, 1999.

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

Director of Planning & Development, Frances Chandler, addressed the Board to discuss the Oviedo-Seminole County Joint Planning Interlocal Agreement, advising a draft JPA was transmitted to the City for review and action on December 8, 1998. She stated that the City requested some minor changes, which she briefly outlined. She added that staff recommends approval of the changes as requested by the City. The City Council has also approved the agreement.

Chairman Henley stated he believes page ten of the agreement needs to be clarified that this refers to "voluntary" annexation. Whereupon, Ms. Chandler advised it is the intent of staff that it is voluntary annexation.

The Board voiced no objections to including the word "voluntary" in the first paragraph on page ten.

The Chairman advised he is in receipt of a letter (copy was received & filed) from the City of Winter Springs objecting to the proposed agreement.

Mayor Paul Partyka, City of Winter Springs, addressed the Board to state he believes this should be a tri-party agreement and would request additional time so that both cities and the County can work out an agreement that everyone is happy with.

Commissioner Van Der Weide stated this process has been going on for a long time and it appears that the two cities cannot come to an agreement. He questioned how long does the County wait.

Mr. Partyka suggested a 90-day continuance.

Upon inquiry by Commissioner Maloy, Ms. Chandler advised at the time the draft agreement was transmitted to Oviedo, a copy of it was also transmitted to Winter Springs for comments. However, staff did not receive any comments back from Winter Springs.

Commissioner Morris stated he does not believe a delay will make any difference and feels it is the appropriate time to move forward with the agreement.

Chairman Tom Hagood, City of Oviedo, addressed the Board to agree with including the word "voluntary" on page ten, stating they understand that this refers to voluntary annexation.

Commissioner Morris stated he believes this agreement goes a long way to show cooperation between the County and the City of Oviedo.

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize the Chairman to execute the Oviedo/Seminole County Joint Planning Interlocal Agreement, as shown on page ________, as amended, with the understanding that a letter will be attached to the agreement specifying "voluntary" annexation on page ten, Section 6(c) of the agreement.

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

Commissioner McLain left the meeting at this time.

Ms. Chandler presented request to set public hearing for the adoption of Amendments to the Seminole Land Development Code, advising there are four additional items, which were not included for discussion at the work session concerning this. She requested these be added to the proposed ordinance.

Commissioner Van Der Weide stated the draft ordinance was just distributed to the Board this morning and he has not had an opportunity to study it nor the additional items on student housing.

Commissioner McLain re-entered the meeting at this time.

The Chairman suggested this item be continued under this afternoon's meeting. The Board voiced no objections to same.

Planner, Carol Bowden, addressed the Board to present the Preliminary Subdivision Plan for Carisbrooke, located at the southwest corner of the intersection of Longwood-Markham Road and Markham Woods Road. She advised the applicant is requesting approval of a 44-lot residential subdivision on 77.9 acres zoned A-1. The plan allows for a residential gross density of .56 DU/acre. The net density of the development will be .80 DU/acre. She further advised the applicant is requesting a waiver from Section 10.8 of the Transportation Standards for sidewalk installation along Longwood-Markham Road and Markham Woods Road. She said that the P&Z Commission approved this plan, including the waivers of sidewalk installation along both roadways, with the condition that the developer provide a 15-foot easement with a paved 10-foot pedestrian/bikeway. She added that staff has no objections to the P&Z recommendation.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Preliminary Subdivision Plan for Carisbrooke, located at the southwest corner of the intersection of Longwood-Markham Road and Markham Woods Road; and to approve waivers of sidewalk installation along both roadways, with the condition that the developer provide a 15-foot easement with a paved 10-foot pedestrian/bikeway.

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

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

Sehwan Chin, Case #99000783CJA - $100

Daniel Cook, Case #97013770MM - $200

Pattie Edwards, Case #98002924CJA - $100

Fred Peter Hanson, Case #93011177MM - $100

Fred Peter Hanson, Case #93013514MM - $100

Fred (F.H.) P. Hanson, Case #95001088CJA - $200

Fred (F.H.) Hanson III, Case #94002545CJA - $150

Justin Harringan, Case #98002847MM - $200

Gregory A. Hensley, Case #99000609MM - $200

Scott Hale Hoekstra, Case #91002486CFA - $350

Cynthia Hooks, Case #98002998CJA - $100

Terry Alan Howe, Case #94008694MM - $75

Terry A. Howe, Case #94002257CFA - $200

Jeffrey Kearney, Case #99005231MM - $300

Beverly Mathews, Case #99000738CJA - $100

Michael Miller, Case #95013800MM - $200

Teresa Miller, Case #98007520MM - $200

Jesus Muino, Case #97000917CFA - $250

Michael Muller, Case #98001403CFA - $200

Laura Partin, Case #97002759CFA - $200

Becky Privett, Case #98002225CJA - $100

Lynn Ann Rand, Case #96001970CFA - $350

Kurt W. Schumann, Case #98005319MM - $200

Delia Sierra, Case #99001262CJA - $100

Cal Hiram Stubbs, Case #95000194MM - $200

Joseph Thompson, Jr., Case #99000321CJA - $100

John Tondola, Case #96003040CFA - $450

Samuel Torres, Case #98008701MM - $200

Lekisha N. Warren, Case #99000146MM - $200

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

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The Board noted, for information only, the following Clerk's "received & filed":

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The Chairman recessed the meeting at 11:55 a.m., reconvening at 1:34 p.m., with all Commissioners (Commissioner Maloy entered late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

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

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

Chairman Henley reviewed the public hearing procedures. Commissioner Maloy entered the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from R-1AA (Single Family Dwelling) to A-1 (Agriculture); property located on the west side of Ohio Street, 1,500 feet north of East Lake Mary Boulevard, Brian Forbes, received and filed.

Senior Planner, Gary Schindler, addressed the Board to present the request to enact an ordinance to rezone the property for the purpose of operating a wholesale plant nursery, without retail sales to the public. He stated staff does not object to the A-1 zoning request.

Commissioners Maloy and Morris questioned the recommendation of the Planning and Zoning Commission (P & Z)to approve with the condition that a wholesale nursery would be the only A-1 use allowed.

County Attorney, Robert McMillan, advised the Board could not restrict the A-1 uses as recommended by the P & Z.

Upon inquiry by Commissioner Morris, Mr. Schindler answered that a wholesale nursery would have less traffic than a retail nursery but the vehicles tend to be larger with a wholesale nursery.

Commissioner Morris stated his concern that the P & Z may have had a different recommendation if legal counsel had advised they could not restrict the A-1 uses. Discussion ensued about legal counsel not necessarily being at the meetings but available in the building. Commissioner Van Der Weide stated maybe the Board needs to have more legal review. He said this situation may have caused the P & Z to go in the opposite direction. Commissioner McLain stated maybe they need to have the Attorney hold more work sessions with the P & Z to deal with some issues on what they can and cannot legally pose on property.

Commissioner McLain stated he is familiar with the area and homeowner and he is concerned about the intentions for the lake and protection of the character of the lake. He said in the site plan he reviewed, the applicant is willing to only rezone the portion above the 100-year flood, which leaves the residents with a decent buffer. Unless he hears otherwise, he thinks this is probably the best solution.

Attorney Brian Forbes, Lowndes, Drosdick, Doster, Kantor, and Reed, representing property owners Sherry and Wayne Martin, addressed the Board to state the owners will bid jobs, purchase landscape materials, and hold them on the site temporarily until they are removed. He explained they do not fertilize or sprinkle on the property and there will be a minimum amount of traffic. He said they offered at the P & Z meeting that they are willing to enter into some form of agreement on limiting use. They have no objection to that, but the County policy is that this is not something they will entertain. He doesn’t think there is a real concern because the property owner lives there. He advised he entered a letter into the record at the P & Z meeting that the property owner to the south is in support of this request.

Commissioner Morris said he would like to pursue the property owners’ offer to solidify some type of agreement. Whereupon, Mr. McMillan stated the Board cannot enter an agreement relative to uses as they cannot do contract zoning. He said Attorney Forbes can enter an agreement with the property owners through deed restrictions but that would be private restrictions and not with the County. The County would have no enforcement.

Upon inquiry by Chairman Henley, Attorney Forbes showed a map (received and filed) of the entire property and the Martins’ residence on the site.

George Wilson, 3280 Ohio Avenue, addressed the Board to state he had planned to represent several property owners against the proposed zoning changes. He said a couple of hours before the P & Z meeting, Mr. Martin visited him about the property in question. He asked him to use a well rather than continue to draw from Lake Silver. He said Mr. Martin failed to live up to his end of the bargain. He gave reasons why he feels the change should not be approved: their concern about industrial zoning in their area; loss of the value to their real estate; and the ecological change in the area.

Mr. McMillan and Mr. Grace left the meeting room at this time.

Commissioner Van Der Weide also left the meeting room at this time.

Mr. Wilson continued that the Martins may not always own this property. He asked the Board to reject the request as now presented. He said he would agree to the compromise that was made. Mr. Wilson identified he was speaking on behalf of the Eberharts, Cornells, Andersons, Hutchinsons, Wilsons, Tuckers, Boothes, Whites, and Hearts.

Commissioner McLain discussed if there was a requirement by the St. Johns River Water Management District for a consumptive use permit. Whereupon, Mr. Schindler stated he is not sure.

Commissioner Van Der Weide returned to the meeting room at this time.

Current Planning Manager, John Dwyer, addressed the Board to state a retail nursery would require commercial zoning. He identified the other permitted uses in A-1 zoning.

Mr. Grace and Mr. McMillan returned to the meeting room at this time.

Jerry Holloway, 3311 Scarlet Drive, addressed the Board to state he lives just north of the property and they are opposed to changing the zoning because once you let things start coming in, it will affect a two mile area around Lake Onora and Lake Silver.

Dr. Beverly Baird Boothe, 3358 Whitner Way, addressed the Board to state she represents a number of people who live near the Silver Lake area. She said she is already concerned about the decrease in the lake quality and the lake run-offs. She was hoping to reserve this area. She said they would like to compromise.

Commissioner McLain stated that historically this area around Silver Lake has been a mixture of rural and residential uses.

Mr. McMillan left the meeting room at this time.

Attorney Forbes responded to comments by Dr. Boothe, Mr. Holloway, and Mr. Wilson.

Commissioner Morris left the meeting room at this time, and returned shortly thereafter, along with Mr. McMillan.

Attorney Forbes stated they understand they have to meet whatever permitting requirements are necessary. They were told that this use will have such minimum impact on the lake that they had no concern. He said they are not trying to open up uses not compatible with the neighborhood.

Upon inquiry by Commissioner Van Der Weide, Attorney Forbes stated he had no discussion with the residents about relocating a well.

Commissioner McLain said he would like to see that the lake water is not used. Anytime you see a commercial activity come in and use the lake water for a commercial process, that is not going to build goodwill.

Mr. Dwyer reported that a consumptive use permit is not necessary unless over one million gallons a day was exceeded.

Wayne Martin, property owner, addressed the Board to state Mr. Wilson spoke to him on the night of the P & Z meeting and asked if he would limit the use of the property to the front of their house and expressed his concern about use of the lake water. He explained he did not have a problem limiting the use up front, however, he could not agree to put in a well if he could not get a permit. Later, he was told that as long as he used less than a 4" water main, it was not necessary to have a permit. He said he doesn’t have a problem putting in a well and limiting the use up front to assist the neighbors. He said he wants to do whatever the Board wants him to do.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed. Pictures of the residences and areas around Lake Silver were submitted by Dr. Boothe.

Commissioner McLain asked Mr. McMillan if the 100-year floodplain line could be used for providing the zoning, and he said that has been done before.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt Ordinance #99-40, as shown on page __________, rezoning to A-1 only those Parcels A and B upland from the 100- year floodplain identified by the survey; property located on the west side of Ohio Street, 1,500 feet north of East Lake Mary Boulevard; as described in the proof of publication; Brian Forbes.

Commissioner Morris stated he cannot support the motion. He said he understands the intent of the property owner, but the property rights go with the land, and the intent could be very different if another owner were involved. He said this is a residential neighborhood and staff said this use is compatible with "anticipated" development trends. This is taking residential use and turning it into an agricultural use for which the intent could be fine, but it could change.

Chairman Henley agreed with Commissioner Morris. He said with this motion, all the Board would be doing is reducing the size of the parcels but the risk is still the same. He will not support the motion for that reason.

Commissioner Maloy stated a lot of the fears about this becoming a retail nursery would not be permitted and the traffic is usually not a problem at all. He said he does not have a problem supporting the District Commissioner.

Commissioner McLain said there are many parcels in this area that already have A-1 zoning, and this area is one that has many uses. He thinks the important thing is to maintain the lake and residential lots.

Commissioner Van Der Weide said he was concerned before Mr. Martin stated his opinion and his lack of objections to changing the site plan. He said with the District Commissioner’s recommendation, he thinks this is going to protect the lake and there will be an additional well; and this is compatible with most of the area. He said he will support the motion.

Mr. Dwyer said the zoning line will be put in a development order and he questioned if it is the Board’s desire to include the commitment for a well to be utilized as opposed to drawing out of the lake can be included.

Mr. McMillan advised the Board they can issue a development order on any rezoning but the Board cannot impose a condition relative to the uses.

Commissioner McLain asked to include that the well is conditional upon the County issuing the permit.

Frances Chandler, Planning and Development Manager, addressed the Board to answer questions by Commissioner Morris on the kinds of things that can be included in a development order.

Chairman Henley recessed the meeting at 2:30 p.m. for staff, Commissioner Morris, and the applicant to meet together on conditions for a development order. He reconvened the meeting at 2:43 p.m.

Commissioner Morris asked staff to report on the recommendations and if the applicant disagrees. He said these would become an amendment to the main motion.

Ms. Chandler stated the following conditions are recommended for inclusion in the development order: (1) Outdoor lighting shall not be of a commercial nature as determined by the Current Planning Manager; (2) No overnight parking of transport vehicles; (3) Deliveries shall only occur between the hours of 7:00 a.m. to 7:00 p.m.; (4) No commercial signage is permitted on the property; (5) Only that portion above the 100- year floodplain is rezoned; and (6) Owner agrees to cease pumping from Silver Lake if the Current Planning Manager determines that the lake is adversely impacted.

Commissioner McLain stated he accepts these recommendations as a friendly amendment to the motion. He noted that one condition was modified and originally he asked that there be no pumping from the lake for commercial purposes unless the County does not issue a permit for a well. He asked staff to amend the language as originally stated.

At the request of Commissioner Morris, Commissioner McLain amended the motion as read by the Planning and Development Director, adopting Development Order, as shown on page __________.

Commissioner Maloy said he does not agree to the amendment to the motion. Whereupon, Attorney Forbes said he has no problem except Mr. Martin has trucks that they use and he parks them on his property. He asked if the Board could limit the number of trucks and where they are parked on the property. He explained to Commissioner Maloy that these are 16’ to 18’ flatbed trucks.

Commissioner Morris amended the motion to read no overnight parking of transport vehicles other than those owned by the property owner. Whereupon, Commissioner Maloy said, with that modification, he would concur. Upon further discussion, Commissioner McLain concurred with the modification that overnight parking of trucks on the property is limited to flatbed trailers less than 20’.

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

Commissioner Morris left the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling); property located north of McNeil Road and east of Bear Lake Road, MI Homes, Inc., received and filed.

Mr. Schindler presented the request to enact an ordinance rezoning the property for the purpose of adding two additional lots to Ballentyne Subdivision, which is currently under construction.

Eric Wells, 237 S. Westmonte Drive, Suite 111, addressed the Board to state he is present to answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt Ordinance #99-41, as shown on page __________, rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling); property located north of McNeil Road and east of Bear Lake Road; as described in the proof of publication, MI Homes, Inc., with staff recommendations.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from M-1A (Very Light Industrial) to PCD (Planned Commercial Development); property located on the south side of South Econ Circle, M & O Limited Partnership, received and filed.

Mr. Schindler presented the request to enact an ordinance rezoning the property to PCD; to approve the associated preliminary site plan; and approve a development order with two conditions recommended by staff.

Roger Owen, Developer, 1024 Nancy Circle, addressed the Board to answer any questions.

Commissioner Maloy commended Mr. Owen for getting this project moving forward and said it looks a lot better.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-42, as shown on page __________, rezoning from M-1A (Very Light Industrial) to PCD (Planned Commercial Development); property located on the south side of South Econ Circle; approve the associated Preliminary Site Plan; and approve Development Order, as shown on page __________; as described in the proof of publication, M & O Limited Partnership, with staff recommendations.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling); property located on the west side of Mikler Road, 1,000’ south of Red Bug Lake Road, Jeff Dodson, received and filed.

Mr. Schindler presented the request to enact an ordinance to rezone the property for the purpose of developing a single-family subdivision. He advised that the Lot Compatibility Ordinance indicates that R-1AA is proper for this property; however, there are mitigating circumstances and staff does support the zoning request for R-1A.

Mr. Dwyer advised Commissioner Maloy that staff will look at right-of-way when they get to platting for the subdivision.

Commissioner Maloy advised he received a phone call from the Red Bug Coalition in support of this request.

Don Fisher, Bowyer-Singleton, representing the applicant, addressed the Board to state he was present to answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-43, as shown on page __________, to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) property located on the west side of Mikler Road, 1,000’ south of Red Bug Lake Road; as described in the proof of publication, Jeff Dodson; and approval of Development Order, as shown on page __________.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider the Spring Hammock Preserve Management Plan, received and filed.

Jim Duby, Senior Planner, addressed the Board to state this public hearing is to obtain input from the Board and public comment regarding the Spring Hammock Preserve Management Plan (copy received and filed), which is to be transmitted to the State. He said staff will look at potential locations for the trail to connect to the Spring Hammock Preserve.

Mr. Duby answered questions by Commissioner Maloy about the budget requirement and how much money comes from the Natural Lands Fund itself.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to advise Commissioner Maloy that an endowment fund has been set up and it is a revolving trust fund that accrues interest. These monies are at over $700,000 to this point. She stated she is working with Mr. Grace now on how much of this to earmark for property purchases.

Mr. McMillan left the meeting at this time.

Chairman Henley commended staff on the work done on the Management Plan.

Mr. McMillan returned to the meeting at this time.

No one spoke in support or in opposition.

Chairman Henley stated if the Board has no input, staff will move forward with transmittal of the Plan.

There were no comments from the Board.

Linda Eiland, Insurance Officer, addressed the Board to report they were successful in mitigation of the claim of Uhlan S. Newton, Jr. vs. County of Seminole for $62,500 and she is requesting Board approval.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve settlement of lawsuit by Uhlan S. Newton, Jr. in the amount of $62,500 regarding Uhlan S. Newton, Jr. vs. County of Seminole.

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

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

Chairman Henley advised he received a letter from the South Seminole North Orange County Wastewater Transmission Authority requesting appointment of an alternate member to the Authority as the current position expires on September 30, 1999. He advised Tom Owen has agreed to accept reappointment to this position.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to reappoint Tom Owen to the South Seminole North Orange County Wastewater Transmission Authority.

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

Commissioner Van Der Weide commented he knows the County Attorney and County Manager will meet together relative to specific tower issues discussed. Whereupon, Mr. McMillan stated that the issue relative to the number of providers that could be housed on a tower became mute, as the special exception has been granted on the issue in question.

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Commissioner Henley recommended appointment of George Beatty of Casselberry to the Charter Review Commission.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to appoint George Beatty (City of Casselberry) to the Charter Review Commission.

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

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Commissioner McLain said it has come to his attention that there might be the same situation at Lake Mary High School as with the School Board and City of Sanford to provide some recreational opportunities and a swimming pool for the citizens. He said he would support the Board evaluating this and looking into the possibility, if there is a need to move this forward.

Chairman Henley stated he had a similar request dealing with the City of Casselberry. Commissioner McLain said he would support investigating the feasibility of these additional facilities.

Commissioner McLain advised he received a request from the School Board to change the schedule for the CALNO meetings and for the County to take the December meeting. Mr. Grace said he was not aware of any problem with changing the CALNO meeting for November to December.

The Board discussed the Add-on, Authorize the advertising and scheduling for Amendments to the Land Development Code of Seminole County. A copy of the Fall, 1999 Land Development Code Update was received and filed.

Commissioner Maloy stated this document is 78 pages and he feels he would need more time to study it.

Ms. Chandler advised the Board that rescheduling this request would not be a problem.

Mr. Grace said he thinks he can accommodate putting this on the agenda for the next meeting. He asked the Commissioners to provide any comments to Ms. Chandler before that time.

Ms. Chandler said she will work with Mr. Grace on briefing the Board on all the changes.

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The Board, thereupon, recessed at 3:22 p.m., reconvening at 7:05 p.m., this same date with all Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Proofs of publication, as shown on page ________, calling for a public hearing to consider the Final FY 1999/00 Seminole County Budget, received and filed.

Chairman Henley reviewed the adoption procedures as outlined on page 1 and 2 of the 1999/00 Budget Second Public Hearing booklet (received and filed). He reviewed the actions that must take place and the steps that must be followed at the second public hearing. He stated the purpose of the public hearing is to hear public comments, explain the tentative adopted budget, amend the budget as desired by the Board, recommend position titles and pay bands, and to adopt the Millage Levy and Budget resolutions for FY 1999/00.

Cindy Hall, Fiscal Services Director, addressed the Board to state the Countywide millage is 5.0477 and the Debt Service is .1170. The millage for the Unincorporated Area is 2.0971 and 0.6591 for the Unincorporated Road. This millage is levied against the property owners of the unincorporated area of the County and are used to support transportation operations in that part of the County. The total millage including debt is 7.9209 and excluding debt is 7.8039. Based upon these tentative millage rates, the tentative aggregate millage rate, exclusive of voted debt service millage, is 6.3955 which represents a 2.14% increase over the aggregate rolled-back millage rate of 6.2616. She stated the tentative total budget that was approved last week is $440,288,923. She stated the agenda packet includes that figure and a number of adjustments and she reviewed those adjustments as outlined in the agenda packet. She added the packet also includes a schedule of all the pay bands and salaries and the only change they have to that is to add a pay band for temporary help. She advised the total budget is $441,061,523.

Director of Safe House of Seminole, Michelle Hickey, P. O. Box 2921, addressed the Board to request the Board to reconsider funding of an additional $10,000 for Safe House. She expressed appreciation for the $90,000 the Board has already contributed.

Jim Daly, 625 Oxford St., addressed the Board to state he is a 30-year resident of Seminole County and a member of the ICCF. He stated he has 30 years experience in the market place. He read and submitted into the Record a letter from Sherry Mueller, Executive Director of the National Council for International Visitors, supporting the work of the ICCF. He also submitted pictures of the Egyptian and Russian Delegations showing the areas in Seminole County that these delegates visited.

Russell Moncrief, 250 Betsy Run, addressed the Board to advise the officials from Argentina, Canada, Italy, Saudi Arabia, and Turkey visited Katy’s Landing a few months ago. He stated attracting these types of people to Seminole County for recreational purposes is something that they all want to cooperate together to try to achieve. He stated he received a letter (received and filed) from Patricia Gehri urging the Board to support the ICCF. He read the letter into the Record. He stated he would urge the Board to reconsider their support for ICCF and to support their continued efforts in bringing foreign leaders to this area to enjoy the natural beauty of Florida.

Dr. Patricia Rowell, 109 Brentwood Dr., addressed the Board to state she represents Seminole Community College and she is asking the Board to reconsider funding for ICCF. She stated the college has hosted Russian and Japanese officials for specific purposes.

Ronald Rose, 400 E. First St., addressed the Board to state he is representing the Sanford/Seminole Chamber of Commerce. He stated he just recently participated with the ICCF with a Russian group in discussing how Chambers of Commerce worked in this country as well as in their country. He said the Chamber of Commerce also associated with the Chamber of Commerce of Puerto Rico and they really have a lot of interest in Sanford and Seminole County. The ICCF is helping to build friendship and trust with these countries. He added he would appreciate it if the Board would reconsider funding for this organization in their budget.

Lorraine Wood, 500 Osceola Ave., addressed the Board to advise she is the former Executive Director of ICCF and she has been a member for about 10 years. She stated she has seen what the council has achieved and what their potential is. Business in other countries take place through relationships and friendship. Many of the international governments benefit from this country’s efforts in achieving business relationships through social relationship and cultural events. She said she feels Seminole County is qualified to participate in this program as international businesses are locating here. She stated Washington has indicated that this is one of the best programs in the Country and she hopes the Board will reconsider funding for the ICCF.

Upon inquiry by Chairman Henley, Ms. Wood advised when she was the Executive Director, the Council was funded as part of the Orlando Airport operation and $90,000 was given to them at that time. The Council has changed their operation since 1992 and they are doing the kind of the programs that are being successful.

Patricia Gehri, 120 Hidden Oak, addressed the Board to state she represents ICCF. She stated representatives from Japan, Trinidad, and Topeka have visited the area to learn. Students from the University of Central Florida have even translated the County’s charter into the Russian language. She submitted and reviewed a welcoming booklet (received and filed) for The Honorable Kate Alexander Lundy, Senator from Australia. The booklet consisted of a welcoming letter, Success in Seminole publication, information on the Wekiva River, facts on Central Florida, Ciber Overview and the history of Seminole Community College. She asked the Board to reconsider their decision for funding for the sake of many volunteers who have worked for the County’s benefit.

George Schank, 421 W. Orange St., addressed the Board to state he is the President of ICCF and the Board has an opportunity to support a fine organization and to provide office space which is dearly needed. He stated if the Board would increase the $10,000, it would help them find office space that would be in good representation of Seminole County.

Peter Renter, 14323 Lord Barkley Dr., addressed the Board to state he is a member of ICCF and he is a toastmaster for many groups and for the Chamber of Commerce in Orlando. He stated he feels it is a pretty good deal when an organization puts more into the economy than what they receive. He stated he has escorted an individual who was interested in high tech information relative to building an amusement park outside of Vienna, and this investment is one thing he has learned in this country. He said if the Board does not fund $10,000, they are shooting themselves in the foot, as it does not make economic sense.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Morris stated he would ask the Board if they would reconsider the $10,000 for ICCF to come from the current Economic Development budget and to allow them a year to set up. This would allow them to stay in Seminole County.

Chairman Henley stated the Board has had a number of organizations that were funded previously but are not funded this year or had reduced funding. He stated at the first public hearing, the Board took a position that they would send a letter to organizations urging them to seek revenue from private organizations or businesses rather than depend solely upon the Federal Government. The question he has is where are Orange, Osceola and Volusia County if this is a Central Florida issue. Why should Seminole County bear the brunt of all of the funding when most of these organizations are flying into Orange County. He stated he is not willing to grant funding until these organizations indicate that they have received funds from somewhere else.

Commissioner Morris asked if the Board would support a qualified motion that would only give these funds to ICCF if Orange County matched them.

Commissioner McLain stated he feels it is very interesting that this organization has Seminole County’s support and during the budget work sessions it was very important in making it clear that they expect them to move forward to private initiatives. He stated he is disappointed that this program has been cut from the budget without warning and he is willing to work with the organization to raise money from the private sector.

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Chairman Henley stated Safehouse has come back to request an increase of funding in the amount of $10,000, making the total contribution of $100,000.

Upon inquiry by Commissioner Morris, David Medley, Community Assistance Division Manager, addressed the Board to advise the requested amount began around $40,000 to $50,000.

Commissioner Morris stated he is not sure that this is an agency that needs an increase in funding after the Board has had extended discussions on other agencies.

Commissioner Van Der Weide stated he feels the Board has increased their funding considerably over a short period of time and that is where it should stay.

Commissioner Maloy stated at the last budget hearing the Board funded over $1.25 million in different community service grants. He stated he believes this Board has been more than generous with the amount that has already been approved.

Discussion ensued between Commissioners Maloy and McLain relative to what agencies were and were not funded.

The Chairman recessed the meeting at 8:08 p.m., reconvening at 8:16 p.m., with Commissioner Van Der Weide entering late.

Commissioner McLain briefly reviewed the history of tax savings levied to the taxpayers. He stated he feels that Seminole County is in a position where they can return taxes to the taxpayers.

Commissioner Van Der Weide reentered the meeting at this time.

Commissioner McLain stated the State of Florida and the Legislature decided to reduce intangible tax of $2.5 million. In 1989 or 1990, at the direction of the State of Florida, a one-cent sales tax was passed. This year the State of Florida passed a sales tax holiday in August that included the 7-cent voter tax from the road program.

Upon inquiry by Commissioner McLain, Ms. Hall advised the total tax break savings for Seminole County was $875,000 for the sales tax holiday.

Commissioner McLain stated staff has indicated that the County does not have the authority to do a sales tax holiday for the 7-cent. It concerns him that the State can do this and the local governments do not have that authority. He stated he would like to obtain consensus from the Board to instruct staff to move forward to do whatever is necessary to a sales tax holiday.

Upon inquiry by Commissioner Morris, Commissioner McLain advised the State declared a holiday in August and he would like a holiday be declared in December.

Commissioner Morris stated he could support instructing staff to proceed through the lobbyist to seek Legislative authority in declaring a sales tax holiday.

Commissioner Maloy stated this was a voter-approved tax and he would think there would be a simpler way in reducing it instead of tying up the lobbyist on this issue. He stated he doesn’t see this as a priority.

Upon inquiry by Chairman Henley, Commissioner Maloy advised he has no problem proceeding through the lobbyist with this issue. The consensus of the Board was to proceed through the lobbyist to obtain Legislative authorization in declaring a sales tax holiday.

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Commissioner McLain stated this year the County has been successful in the Solid Waste Fund and has reduced tipping fees from $36 to $34. He said he would recommend reducing the fees another 50 cents.

Motion by Commissioner McLain, seconded by Commissioner Morris to reduce the tipping fees another 50 cents, therefore reducing it to $33.

Under discussion, Kevin Grace, County Manager, addressed the Board to state staff has concerns about another 50-cent reduction.

Ms. Hall stated she has sent a memo to the Board today with two charts attached. The first one was the first 50-cent reduction, which was approved last week and a third scenario to a $33 fee. Bonds are issued against the solid waste revenue and the bond documents were very specific as to the amount that the County needs to maintain in the fund. This would ensure the bond holders that this amount would cover all of the debt service, the repairs and closing costs.

Commissioner Morris stated a conservative person would operate under the basis of the bond covenant requirements which is $274,000 and that is staff’s recommendation. He stated he seconded the motion for discussion but he does not support going below the covenant requirements. Therefore, he would ask the motion maker to rephrase the motion.

Ms. Hall stated if the Board would go with the $33 recommendation, they would be short $50,000 in meeting the bond requirements. She pointed out that based on her budgetary figures for 1999/00, it does appear that this scenario does not change and staff would still recommend $33.50.

Commissioner McLain stated he feels it is reasonable to reduce the fees to $33 as this program has been very successful. There is over $1 million in surplus over and above every capital program the Solid Waste division has for the next 4 years. He said he would support 35 cents or 40 cents.

Commissioner Morris stated he will withdraw his second if the motion maker would withdraw the primary motion. He stated he would second a motion relative to taking it to an amount that would meet the bond covenants. Commissioner McLain withdrew his motion.

Motion by Commissioner McLain, seconded by Commissioner Morris to reduce the tipping fee in the amount of $120,000.

Under discussion and upon inquiry by Commissioner Morris, Commissioner McLain advised he will change his motion to reduce the amount to where it will meet bond covenant.

Upon inquiry by Commissioner McLain, Robert McMillan, County Attorney, addressed the Board to advise income revenue has to cover operating expenses and they cannot be transferred internally. The mechanism of doing a rebate to the taxpayers is problematic. Any money to the solid waste system has to be spent on solid waste purposes. Every time staff came up with a scenario of how the solid waste revenue is handled, they came up with problems with the bond covenants or state restrictions.

Commissioner McLain stated he feels that when the County has an enterprise fund and there is a record surplus and staff tells him that they are unable to return money to the taxpayers because of some legal glitch, that is very disturbing to him. He stated he would like to see staff and the County Attorney spend more time evaluating these issues and submitting recommendations as to how to keep the Board from finding themselves in a "Catch 22" when they cannot figure out a way to return this money to the taxpayers. The Board voiced no objections to staff addressing that concern.

Commissioner Morris stated he would recommend that staff do a three-year analysis of coverage ratio, determine the actual versus the required, and then do a two-year future projection. Staff would then ask the bond counsel to release those funds at some premium over the 115% coverage. Ms. Hall advised staff will look into that.

Upon inquiry by Commissioner Van Der Weide, Ms. Hall advised staff feels a proposal of $33.17 would be appropriate.

Commissioner McLain clarified his motion to reduce the tipping fees from $33.50 to $33.17.

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

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Commissioner McLain stated as everyone is aware the Board is recommending reducing the millage by .11% which is a $1.5 million savings. He stated with the success the County has had with their programs, the taxpayers deserve a tax dividend this budget year.

Motion by Commissioner McLain to reduce the millage .2%, which is approximately another $1.2 million.

Commissioner McLain stated he feels there could be room for an additional amount. He stated at the last meeting the Board came up with $120,000 in savings but $80,000 of that was not reallocated. He said $33,000 is budgeted for the health insurance program and he feels that the $350,000 to upgrade the elevators at the Courthouse should be eliminated. The $43,700,000 funding for a criminal judicial facility at 5 Points includes $1 million in excess revenue sharing. The other proposal for $23 million only included $500,000 in excess revenue sharing. If the $43 million proposal is reduced by $500,000, that amount would be $963,000, and that amount would assist the County Manager in finding out where these funds will come from. He said Brevard County just built a 140,000 sq. ft. facility two years ago for $16 million and they have 17 court rooms. He added Seminole County currently have approximately 12 courtrooms and they can add 10 or 12 if they only reproduced what Brevard County did. About four years ago he proposed moving the judicial facility at the 5 Points complex and that went nowhere. He said he doesn’t feel that the County should spend $43 to $50 million for a courthouse at 5 Points just for criminal. With the other proposal, a facility can still be built out there which meets the needs of additional court rooms, provides space for the Clerk of the Court, still improve the existing Courthouse and save the taxpayers $20 million in capital expense and three times that in debt service. He stated he is not willing to spend the $1 million but he is willing to spend $500,000 and to continue to move forward with a judicial center for criminal justice at 5 Points.

Upon inquiry by Chairman Henley, Ms. Hall advised staff would need to find an additional $1,224,391.

The Chairman called for a second to the motion without response, whereupon the motion died for lack of a second.

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Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to authorize lowering the utility tax from 4% to 3½%.

Under discussion, Mr. Grace stated that money is essentially unincorporated money and it goes to the transportation and fire fund. The fire fund is very tight and based on that analysis, he would caution the Board that the County could be facing a situation of having to face a millage increase of that fire fund.

Commissioner Van Der Weide stated what he is suggesting is to take the $700,000 out of reserves. The citizens will receive the benefit during the first month of the next fiscal year.

Commissioner Morris stated he salutes the Commissioner for trying to come up with additional cuts. This is a fund that has direct distributions that are tied directly to services in the unincorporated County. He suggested taking a 5-minute break to give staff time to look at this proposal and to come back with some conclusions so that the Board can analyze it further.

Chairman Henley recessed the meeting at 9:00 p.m., reconvening at 9:13 p.m.

Upon inquiry by Commissioner Morris, Mr. Grace advised this proposal is about $702,000 this year and that would have the same effect next year and the following years.

Upon inquiry by Commissioner Van Der Weide, Mr. Grace advised this reduction cannot be done this evening as it has to be done by an ordinance. He stated the Board would need to authorize scheduling a public hearing. One of the most problematic issues is the monies are being used for unincorporated purposes of transportation and fire. The only funding source to replace that with is the Countywide General Fund reserves. He stated given a short time of analyzing, he would recommend against pursuing this, but if the desire of the Board is to pursue it, staff can do so.

Commissioner Van Der Weide stated he has no problem with going to the General Fund reserves. As far as leaving the $702,000 in, he would recommend the Board authorize scheduling a public hearing this evening.

Mr. McMillan advised staff might be able to schedule the public hearing for the second meeting in October.

Commissioner Van Der Weide stated he would incorporate that into his motion.

Commissioner McLain stated he supports the concept but he feels staff needs more time to evaluate this further, therefore, he will withdraw his second. He added he would like to instruct staff to evaluate the savings of $702,000 and the reserves issue.

Commissioner Maloy seconded the motion.

Chairman Henley stated the motion is to authorize advertising a public hearing to reduce the tax at a later date. He stated if they go to the General Fund, that money will come out of that fund and it will benefit only those in the unincorporated area.

Commissioner McLain stated that is the issue he would like to address. If the Board wants to reduce the tax by $702,000, it would have a permanent effect and it would have to be subsidized through the General Fund. He stated if the Board couldn’t reduce the millage by .2% then reduce it equal to the $700,000. That will accomplish Commissioner Van Der Weide’s goal, therefore, he would encourage him to rephrase his motion.

Commissioner Morris stated he feels that the Board should discuss double taxation with each of the cities. He stated he would recommend that the Board not go forward in directing staff to spend time on this issue in this fashion.

Commissioner Van Der Weide stated he understands the ordinance process and he feels it can be done in October.

Commissioner McLain stated he has worked with staff for many hours in discussing proposal cuts and sometimes they came up with some solutions. The issue that Commissioner Van Der Weide has brought up is a brand new proposal and he feels the Board should give staff time to evaluate it further and bring it back during a work session. He said he would rather reduce the millage equal by $700,000.

Upon inquiry by Chairman Henley, Ms. Hall advised under the Board’s authority, the General Fund reserve is approximately $4.4 million. The adjustments the Board is proposing will increase it about $200,000. The additional revenue from the library grant would make it $4.6 million.

Upon inquiry by Commissioner McLain, Mr. Grace advised the Board has directed staff to pursue the Shenandoah property acquisition. He asked the Board to keep in mind that there are a number of projects out there. The Board has decided to fund the Courthouse without tax increases based on certain revenue assumptions. The jail expansion, stormwater, parks and trails are also coming up. Everytime revenue is taken out of there, something will not be accomplished.

Commissioner Maloy stated he can support the motion as it still has to come back during a public hearing and it is not a large number in the budget. He the budget is still growing, but he feels it would be fair to spread the tax cut out. The Board can address any problems during that public hearing process.

Chairman Henley stated he feels the Board has an obligation to respond to the taxpayers, but he will not be supporting the motion because of the impact it may have on other needs.

Districts 1 and 3 voted AYE.

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

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to reduce the millage equal to $700,000, which would be approximately .045 mill.

Under discussion and upon inquiry by Commissioner Morris, Mr. Grace advised one way staff can deal with this issue is to drop the Shenandoah property acquisition, reduce the reserves further, or eliminate the elevator renovation. The analysis of how to fund the Courthouse was based on these revenues being included and if those revenues are reduced, then they would raise the risk of that study no longer being valid.

Upon further inquiry by Commissioner Morris, Mr. Grace advised if the motion passes, that would address the millage; and, staff would need a few minutes to determine how the budget can be amended.

Chairman Henley stated the County lives in a high-risk area relative to hurricanes and tornadoes and the monies in the reserves can be wiped out in one emergency situation. Therefore, he will not be supporting the motion.

Commissioner McLain stated he feels there is plenty of room here and he is anxious to see tax cuts.

Districts 1, 3 and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

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Motion by Commissioner Morris, seconded by Commissioner McLain to direct staff not to take the proposed cuts out of the reserve funds, but to take them out of the existing program cuts.

Under discussion, Commissioner Van Der Weide stated he will not be supporting the motion as there is a tremendous amount of reserves, and sooner or later the Board has to realize that the revenue is growing at such a rate that they can give it back to the taxpayers.

Commissioner McLain stated he has always supported having good reserves for rainy days, and the bond rating and the credit rating is important. He stated he feels there is room within the budget to find these cuts through the existing programs without damaging the integrity of the reserves.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

The Chairman recessed the meeting at 9:50 p.m., reconvening at 9:57 p.m.

Mr. Grace advised staff is proposing to drop the Shenandoah property acquisition and to cut $105,000 from the Courthouse elevators renovation in order to come up with the $700,000 tax cut.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to accept the budget amendments, as proposed by Mr. Grace, reflecting the Shenandoah property being dropped from the budget and the Courthouse elevators renovation being reduced by $105,000.

Districts 1, 3 and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

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Upon inquiry by Chairman Henley, Ms. Hall reviewed the following tentative FY 1999/00 millage rates: General Fund millage 4.54, Countywide Transportation .4589 for a total Countywide of 4.9989; Debt Service 0.1170; Unincorporated Fire 2.0971, and Unincorporated Roads 0.6591. Based upon these tentative millage rates, the tentative aggregate millage rate, exclusive of voted debt service millage, is 6.347, which represents a 1.36% increase over the aggregate rolled-back millage rate of 6.2616.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-133, as shown on page __________, adopting the millage levy, as described in the proof of publication.

Under discussion, Commissioner Morris stated he doesn’t believe this is the appropriate way the Board needs to conduct appropriate budgeting, therefore, he will not be supporting the motion.

Commissioner McLain stated he will be supporting the motion because of the tax savings to the taxpayers.

Chairman Henley stated he will not be supporting the motion due to the reasons he previously stated.

Districts 1, 3, and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Budget Resolution #99-R-132, as shown on page _________, as described in the proof of publication.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider the School Location Amendments to the Comprehensive Plan, received and filed.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to introduce Nancy Roberts, Senior Planner, to the Board.

Nancy Roberts addressed the Board to review the proposed text amendments 99F.TXT 6, 99F.TXT 7, 99F.TXT 8.1, 99F.TXT 8.2 and 99F.TXT 8.3 as outlined in the Agenda Memorandum. She stated the proposed policies amend both the Future Land Use Element and the Intergovernmental Coordination Element of the Plan and addressed the following requirements: (1) Clarify where public schools are an allowable use; (2) Amends a policy to provide locational criteria; (3) Adds a policy that requires that local government seek co-location of public schools with public facilities; (4) Adds a policy to establish an interlocal agreement with the Seminole County School District to provide a formal coordination framework; and (5) Adds a policy to establish joint processes for collaborative planning and decision-making with each of the municipalities within Seminole County, Seminole County School District and any local service providers.

Keith Schue, representing the Sierra Club of Central Florida, addressed the Board to state he supports locating elementary schools in the rural land use area as they are smaller structures, they would have less impact on the environment, and still maintains, the rural character. He stated he would like the Board to consider extending the restrictions and not allow middle and high schools near the Wekiva River Protection area.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Upon inquiry by Commissioner Morris, Ms. Roberts advised staff has no objections placing a special policy in the proposed amendment stating "public middle schools and high schools shall not be permitted on property located near the Wekiva River Protection Area".

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to include the proposed language, as indicated by staff, in the Plan.

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

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Motion by Commissioner McLain, seconded by Commissioner Morris to transmit the proposed Text Amendments 99F.TXT 6, 99F.TXT 7, 99F.TXT 8.1, 99F.TXT 8.2 and 99F.TXT 8.3 to the Department of Community Affairs (DCA), as amended, as described in the proof of publication.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider the 1999 Capital Improvement Element (CIE) update, received and filed.

Kevin Fall, Principal Planner, addressed the Board to present the CIE update as outlined in the Agenda Memorandum.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to transmit to the DCA the 1999 Capital Improvement Element (CIE) Update, as described in the proof of publication.

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

Proofs of publication, as shown on page ________, calling for a public hearing to consider the Small Scale Comprehensive Plan Amendment from Low Density Residential to Commercial; and Rezone from A-1 (Agriculture) to C-1 (Retail Commercial); property located on the south side of CR 427 and 300’ east of County Home Road, Max F. Riddick.

Cindy Matheny, Senior Planner, addressed the Board to state staff recommends denial of Commercial land use with findings that Commercial land use would be inconsistent with the locational criteria of the County’s Comprehensive Plan relating to neighborhood commercial uses. The Plan Policies indicate that the County may permit Commercial Plan Amendments in areas designated for residential uses only under certain conditions. This criteria would include uses that do not encourage urban sprawl. The development intensity is limited and designed to certain needs of the immediate neighborhood. Development occurs as a planned development to ensure adequate buffering infrastructure, compatibility and intensity limitations or location at the intersection of a collector or arterial roadway. She stated staff feels that the rezoning: (1) Is not in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Land Development Code relating to C-1 zoning; and (2) The request would be incompatible with surrounding development. Therefore, staff recommends denial of the rezoning. She stated the Local Planning Agency recommended approval of the land use and rezoning. She referred to the signature page of the proposed ordinance in the agenda packet and advised there is a change relative to the effective date. She stated staff finds that the effective date clause, after discussion with DCA, is no longer necessary and they are asking the Board to remove that clause from the ordinance.

Upon inquiry by Commissioner Maloy, Ms. Matheny explained why staff feels this land use is incompatible with the uses across the street.

Mike Hattaway, representing the applicant, addressed the Board to thank the Board for giving him an opportunity to address this issue.

Upon inquiry by Commissioner Morris, Mr. Hattaway advised he has no problem with answering questions later after they determine if there are any public comments.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #99-38, as shown on page __________, approving Amendment from Low Density Residential to Commercial; and Ordinance #99-39, as shown on page _________, approving Rezone from A-1 (Agriculture) to C-1 (Retail Commercial); property located on the south side of CR 427 and 300’ east of County Home Road, as described in the proof of publication, Max F. Riddick, with LPA’s findings.

Under discussion and upon inquiry by Commissioner Maloy, Commissioner McLain advised the motion will include staff’s request to delete the clause relating to the effective date from the ordinance.

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 10:30 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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