The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:36 P.M., on Tuesday, January 27, 1998, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Dick Van Der Weide (District 3)

Commissioner Grant Maloy (District 1)

Commissioner Daryl McLain (District 5)

Clerk of Court Maryanne Morse

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy Wall

The Invocation was given by Pastor Don Renner, Lake Ellen Church of Christ, Casselberry.

Commissioner Adams led the Pledge of Allegiance.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-15, as shown on page _________, commending Jean F. Rhein for her 19 years of service to Seminole County, upon her retirement.

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

The Resolution was presented to Ms. Rhein who expressed her appreciation.

The Chairman introduced Former Commissioner Bill Kirchhoff to read and present a second resolution to Ms. Rhein.

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-16, as shown on page ________, naming the Central Branch Library, the "Jean F. Rhein Branch Library", effective March 5, 1998.

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

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Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-17, as shown on page _________, supporting the "Think Beauty Foundation Beautification Grant", to be submitted to the State of Florida Department of Transportation through the Wildflower Seed Program.

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

Motion by Commissioner McLain, seconded by Commissioner Adams to approve the Official Minutes dated January 13, 1998.

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

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.

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

Continuation of a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception to permit the sale of alcoholic beverages (beer and wine) in conjunction with an Adult Entertainment Establishment located on the westerly side of Highway 17-92, approximately 1000 feet south of SR 436, as described in the proof of publication, House of Babes. Proof of publication, as shown on page ________, received.

At the request of the Chairman, Deputy County Attorney, Lonnie Groot, addressed the Board to advise because this matter was referred to a hearing officer for a recommendation, the public, under administrative law, can only speak to the hearing officer’s findings of fact and conclusions of law contained in the transcript of the hearing. He stated evidence could only be given during the hearing before the hearing officer and that is the time when the public could have addressed this issue.

The Chairman stated there are citizens who have requested to speak to this item.

Attorney Steven LaBret, representing the House of Babes, addressed the Board to advise he will have a standing objection to any public comments that are not within the transcript of the hearing. He stated that none of the people in the audience appeared at the hearing and that was the opportunity for them to speak and present evidence.

The Chairman pointed out that the public was not aware of the hearing nor were they provided copies of the transcript.

Commissioner Maloy stated since this is the first time the County has gone through this process and the public was not aware of the limitations of same, he would suggest continuing this for two weeks in order to give the public an opportunity to obtain copies of the transcript and to read them.

County Attorney, Robert McMillan, advised he has no objection to continuing this hearing and that would be at the discretion of the Board.

Attorney LaBret advised this process has been ongoing since October of 1997 and he would object to the continuance. He stated that they have followed the County’s guidelines for this procedure and it is time for the Board to make a decision. He further stated that his client’s business has been drastically affected by the ordinance the County adopted and now, he is being asked to wait another two weeks.

Commissioner Van Der Weide stated he has concern about any process that the public does not have an opportunity to speak to. He said he does not feel two weeks is unreasonable in order for the public to be able to read the transcript.

Commissioner McLain stated he has no problem with allowing the public to speak today and having the County Attorney advise the Board on what comments are irrelevant to the decision.

Commissioner Adams stated he is in favor of the public having the right to speak.

Chairman Morris stated he would like a recommendation from the County Attorney.

Mr. McMillan advised this is the first time this hearing officer procedure has been used and the public has never experienced this before. He said it was not clear to the public that their "one shot at the apple" was at the hearing officer’s hearing. He stated he believes it is fair to give the public an opportunity to review the transcript, therefore, he recommended continuing the hearing. Whereupon, Commissioner Adams stated he would accept the County Attorney’s recommendation.

Motion by Commissioner Adams, seconded by Commissioner Maloy to continue until February 10, 1998, at 1:30 p.m. consideration of an Appeal against the Board of Adjustment in denying a Special Exception to permit the sale of alcoholic beverages (beer and wine) in conjunction with an Adult Entertainment Establishment located on the westerly side of Highway 17-92, approximately 1000 feet south of SR 436, as described in the proof publication, House of Babes.

Under discussion, Attorney LaBret stated the Board is penalizing his client for the County’s negligence in failing to advise the public on this process. He reiterated that they want this item heard today.

Chairman Morris advised he was prepared, after reading the transcript, to make a decision on this item today; however, the County Attorney is recommending continuing this and he must follow his recommendation.

Commissioner McLain questioned if it would be okay to hear this today, if the appellant’s attorney agreed to public testimony without objections. Whereupon, Mr. McMillan advised that would be fine.

Commissioner Adams stated he believes it is unfair that the public does not have the transcript.

Attorney LaBret reiterated that the public had a shot at going to the hearing and reading the transcript.

Chairman Morris stated the County Attorney and he both did not advise the public that their "shot" was at the hearing officer’s hearing. He added that they will accept responsibility for that.

After a brief recess, Attorney LaBret advised he would waive his objection to the Board hearing testimony of the public relative to hearing the request for special exception. Whereupon, Mr. McMillan advised the Board that having gotten that waiver on the Record, the Board can proceed with the hearing today.

Commissioner Adams stated the citizens have not had an opportunity to review the transcript and he believes they should have that opportunity in order to become informed speakers.

Commissioner McLain stated the Board has heard that the public can speak to anything they chose and the appellant’s attorney has said he will not object.

Commissioner Maloy stated in order for the public’s comments to have the most impact, he believes they need to direct their comments to the transcript which they have not read.

Districts 1, 3 and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

Attorney LaBret stated that based upon this action, the next time this item comes before the Board, the public is going to be limited to the transcript.

Chairman Morris stated the public would be able to speak only to those issues related to and directly found in the transcript.

Public Comment Sheets and the Hearing Officer’s Report were received and filed.

Commissioners Adams and McLain left the meeting at this time.

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to C-2 (Retail Commercial) for property described as approximately .96 acres located on the northwest corner of CR 46A and Old Lake Mary Road, Ismael Velazquez, received and filed.

Senior Planner, Don Fisher, addressed the Board to present an overview and site analysis. He advised based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property from A-1 to C-2 subject to: (1) No access to Old Lake Mary Road; (2) Connect to the City of Sanford water and sewer service; (3) Dedicate additional right-of-way on Old Lake Mary Road and CR 46A as necessary to accommodate required improvements associated with development of the site; (4) Submit for Final Site Plan Review.

Commissioner McLain re-entered the meeting at this time.

It was determined that the applicant did not wish to make a presentation.

Eva Moore, 2024 Old Lake Mary Road, addressed the Board to question what the rezoning would be for. Whereupon, Mr. Fisher advised staff originally understood the purpose would be for a fruit stand.

Commissioner Adams re-entered the meeting at this time.

Ms. Moore stated she would welcome a fruit stand, but would not want a car lot.

Betty Freddie, 2014 Old Lake Mary Road, addressed the Board to state she is not opposed to progress, but is concerned about crime coming into the area. She suggested the applicants may want to buy Ms. Moore’s property if they surround her house with commercial.

No one else spoke in support or in opposition.

Public Comment Sheet was received and filed.

District Commissioner McLain stated he does not see any staff recommendation with regard to fencing. Whereupon, Mr. Fisher advised that would be done at site plan review.

District Commissioner McLain stated that in order to approve this, he would want a six-foot stockade fence and a setback off the property line.

Mr. Fisher stated that if this is going to be a car lot, staff would recommend a six-foot stockade fence with the ordinary buffers and landscaping.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve Rezoning, by Ordinance #98-4, as shown on page _________, from A-1 to C-2 for property described as approximately .96 acres located on the northwest corner of CR 46A and Old Lake Mary Road, as described in the proof of publication, Ismael Velazquez, based on staff recommendations, with the addition of the requirement of a six-foot stockade fence to be placed on the property on both sides of Block 28; and to approve Development Order, as shown on page ________.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1AA (Single Family Residential) for property described as approximately 14.6 acres located on the east side of Orange Boulevard, north of SR 46, Joseph Hopkins, received and filed.

Mr. Fisher presented the overview and site analysis. He advised that based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property from A-1 to R-1AA subject to the following: (1) Only those areas above the post development flood prone elevation be rezoned; and (2) Dedicate additional right-of-way on Orange Boulevard as needed to accommodate required improvements.

Discussion ensued between District Commissioner McLain and Mr. Fisher with regard to Virginia Avenue.

Current Planning Manager, John Dwyer, addressed the Board to advise based on the plans staff has seen to date, Virginia Drive will remain closed.

Joe Hopkins, applicant, addressed the Board to advise they do not have any intention of using Virginia Drive in their current plan.

Upon inquiry by Commissioner McLain, Mr. Fisher advised the Code requires a 35 foot setback with a minimum four foot high masonry or brick wall.

Upon inquiry by the Chairman, no one voiced any objections to changing the requirement in the Code to a minimum six foot high wall. Whereupon, Mr. Fisher advised he will bring that back to the Board for consideration.

Ron Schmitt, 5495 Orange Boulevard, addressed the Board to state he would like to have a minimum six-foot wall if possible.

Mr. Hopkins stated with the addition of the 50-foot right-of-way (Virginia Drive) they have agreed not to open up, he feels it is redundant to place a requirement on them to increase the buffer beyond the conditions of the Land Development Code. He added they would rather not do the six-foot wall, so they are asking to develop their property in accordance with the Land Development Code.

Michael Murray, Developer of West Lake Estates, addressed the Board to state if the Code requires a six foot wall, they will put one up.

District Commissioner McLain stated he believes a six-foot wall is appropriate and he would recommend it. He added that the applicant can come back with a vacate request for Virginia Drive at a later date if he so desires.

No one else spoke in support or in opposition

Public Comment Sheet was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve rezoning, by Ordinance #98-5, as shown on page __________, from A-1 to R-1AA for property described as approximately 14.6 acres located on the east side of Orange Boulevard, north of SR 46, as described in the proof of publication, Joseph Hopkins, with staff recommendations and approval of Development Order, as shown on page _______, including the requirement for a six-foot (minimum) masonry wall along Virginia Drive.

Under discussion, Mr. Murray advised he has just spoken to the Schmitts and they will be coming in at a later date to request the vacate.

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

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for property described as approximately 23.36 acres located on the west side of Grant Line Road Extension, east side of Sylvan Avenue, and north of CR 46A, Rink Development, received and filed.

Mr. Fisher presented the overview and site analysis. Based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request is compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no objection to the adoption of an ordinance rezoning the subject property from A-1 to PUD for a 399 unit apartment complex subject to: (1) Coordinate the location of the proposed access location on Grantline Road through the Engineering Division to accommodate a proposed median opening with construction of the Grantline Road Extension; (2) Install left and right turn lanes on Grantline Road; (3) Dedicate additional right-of-way to Seminole County on Grantline Road as needed to accommodate associated improvements (right turn lane and relocation of sidewalk); (4) Dedicate additional right-of-way to Seminole County on Fifth Street to provide a 50 foot right-of-way width; (5) Vacate existing rights-of-way in western part of site prior to approval of this Master Plan; (6) Setback all buildings a minimum of 50 feet from any residential zoning district or land use; (7) Setback all parking a minimum to 25 feet in the form of a buffer from any residential zoning district or land use; (8) Provide a pedestrian access along Wilson Road and Grantline Road to Wilson Elementary School; (9) Contract for GrantLine Road extension must be let prior to building permit issuance; (10) As required by Code, install a six foot high wall with a double row of trees when adjacent to residential land use or zoning; and (11) Unless otherwise noted, all development must comply with the R-3 standards of the Land Development Code.

Mr. Fisher advised the Planning & Zoning Commission unanimously recommended the rezoning request with staff comments and with the following conditions: (1) Westerly tier of buildings be limited to two stories in height; (2) property to be enclosed by a brick wall on the exterior; (3) Construct wall as early as possible during construction to protect the residential areas; (4) Save trees along Sylvan Avenue; (5) Use reclaimed water when possible; (6) Use low intensity lighting and mitigate lighting that carries onto adjacent residential properties; (7) Utilize shoebox lighting fixtures; and (8) No pedestrian access to Sylvan Road.

Attorney Ken Wright, representing the developer, addressed the Board to advise the developer concurs with the staff recommendations.

The Chairman read into the Record written comments (received & filed) from Donald Beverly.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve the rezoning, by Ordinance #98-6, as shown on page __________, from A-1 to PUD for property described as approximately 23.36 acres located on the west side of Grant Line Road Extension, east side of Sylvan Avenue, and north of CR 46A, as described in the proof of publication, Rink Development, with staff comments and the Planning & Zoning Commission recommendations; and to approve Development Order, as shown on page _________.

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

Proof of publication, as shown on page _________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1AA (Single Family Residential) for property described as approximately 16.98 acres located on the east side of Dodd Road, south of Red Bug Lake Road, and north of Dike Road, Florence Tuck, received and filed.

Mr. Fisher presented the overview and site analysis. Based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. He advised that the staff has no opposition to the adoption of an ordinance rezoning the subject property from A-1 to R-1AA subject to: (1) Only those areas above the post development flood prone elevation and out of post development wetland areas be rezoned; (2) Provide a 50 foot buffer upland from the wetland boundary; and (3) Dedicate additional right-of-way on Dodd Road as needed to accommodate required turn lanes and sidewalks.

Charlie Madden, representing the property owner, addressed the Board to answer questions.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve rezoning, by Ordinance #98-7, as shown on page _______, from A-1 to R-1AA for property described as approximately 16.98 acres located on the east side of Dodd Road, south of Red Bug Lake Road, and north of Dike Road, as described in the proof of publication, Florence Tuck, with staff comments and approval of Development Order, as shown on page ________.

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

Senior Planner, Cindy Matheny, addressed the Board to present request for approval of the Final PCD Site Plan and Developer’s Commitment Agreement for the Family Entertainment Center PCD, located on a 2.48 acre site, west of Tuskawilla Road, south of Red Bug Lake Road, and north of Willa Springs Drive, Gloria Lockridge. She advised the Agreement and Plan are consistent with the rezoning approval conditions. Therefore, staff would recommend approval.

Gloria Lockridge, applicant, addressed the Board to advise she supports the staff’s recommendations.

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 Family Entertainment Center PCD, located on a 2.48 acre site, west of Tuskawilla Road, south of Red Bug Lake Road, and north of Willa Springs Drive, Gloria Lockridge.

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

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

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

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

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Clerk of Court, Maryanne Morse, requested Board action in approving biweekly payroll for County staff.

Commissioner Maloy stated he concurs with moving to a two-week payroll, but would prefer to give the employees a 60-day notice and not have a transition period. He said he believes it would be confusing to have a transition period.

Mr. McMillan advised his staff would prefer a drop dead date and not have a transition period.

Human Resources Director, Nancy Tallent, addressed the Board to advise the majority of the staff would prefer more notice - 60 days.

Ms. Morse stated her staff would also prefer a date certain cut-over because the transition period would be an inconvenience to them.

Acting Director of Public Works, Tony VanDerworp, addressed the Board to state his preference would be to have plenty of notice and education and a drop dead date with no transition.

Ms. Morse stated this is a decision for the Board. However, she would recommend if a date certain is selected, the Board consider a one-time approval for a partial advance pay to employees who meet certain criteria during the conversion process. Whereupon, Mr. VanDerworp stated he believes that is an excellent suggestion and he would recommend it.

Motion by Commissioner McLain, seconded by Commissioner Adams to authorize starting Biweekly Payroll, effective April 1, 1998, with no transition; and to instruct staff to come back with a recommendation on criteria for partial advance pay to justify the Clerk issuing same.

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

County Manager, Gary Kaiser, reminded the Board of the discussion during this morning’s Briefing with regard to "Pay by Exception", the H.T.E. Software, and remote payroll entry. The Board voiced no objections to same.

No report.

The Board was reminded that Item #5 has been pulled for a separate vote.

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

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

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(#5) Request to approve Joint Project Agreement with FDOT for SR 436 Utility Relocates, presented.

Commissioner McLain left the meeting at this time.

Commissioner Adams expressed his concern with Section 8 of the Agreement.

The Chairman suggested approving this agreement as is and having staff negotiate this section in future agreements with FDOT. Whereupon, Commissioner Adams stated that would be agreeable.

Commissioner McLain re-entered the meeting at this time.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize the Chairman to execute the following for SR 436 Relocates: Joint Project Agreement - Utility Installation by highway contractor (JPA), as shown on page __________; adopt appropriate Resolution #98-R-32, as shown on page _________, for Utility Installation Agreement; Memorandum of Agreement, as shown on page __________; Utility Relocation Agreement (at utility owner’s expense); and to adopt appropriate Resolution #98-R-26, as shown on page _________, for Utility Relocation Agreement.

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

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Mr. Kaiser advised the dedication of the Jean F. Rhein Library is scheduled for March 5, 1998.

The Board was advised that Item #3, Purchase Agreement for Parcel #171 for Lake Mary Boulevard road improvement project, Ralph M. & Edna M. Sheffler, R&E Foods, Inc., has been pulled from the agenda.

Commissioner McLain stated he would like to have the County Manager instruct his staff to fully brief the City of Sanford, in order to obtain their input on same, on what problems the County is facing with the acquisition of this right-of-way.

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

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

The Board was advised that Appeal of Notice of Denial of Application for a Development Order for Sassy Merlot’s has been pulled from the agenda and will be brought back in two weeks.

Senior Planner, Tony Matthews, addressed the Board to discuss the annexation and plan amendment by the City of Winter Springs for the Battle Ridge Co., Inc. property. He reviewed letter (copy was received & filed) to the City of Winter Springs from Chairman Morris dated January 23, 1998. He stated that with respect to the first point in the letter concerning the Environmental Preserve Area, the property owner’s representative has agreed to extend the environmental preserve area from one foot to ten feet.

Attorney Fred Leonhardt, representing the property owner (Battle Ridge Co.), addressed the Board to display a large conceptual plan of the development (copy of same was received & filed) and discussed same with the Board.

Mr. Matthews stated the County would like the environmental preservation area to be a separate tract to the development. Whereupon, Mr. Leonhardt concurred.

Mr. Matthews advised the second point in the letter is the residential floor area and the County would like that area to be increased from 1,800 square feet to a minimum of 2,000 square feet.

Mr. Leonhardt stated they have put in the development agreement with the City that there will be a good faith effort to have the retail value of the completed homes and lots to be in the $180,000 and higher price range. He said he believes this is consistent with the neighborhood.

Commissioner Maloy stated he does not have a problem with that, but is more concerned with the City boundary encroaching into the rural areas.

Commissioner McLain stated the big issue is the County residents to the east who have no say in what the houses look like.

Commissioner Van Der Weide stated the City of Winter Springs has already annexed this property and they are in the process of rezoning. He said he feels very uncomfortable in getting into the City’s business.

Chairman Morris clarified that he put this on the agenda because it is a continuation of the Commission’s action from some years back and he did not want the County staff exposed to continuing an action without the Board reconsidering the issue. He added that he understands Commissioner Van Der Weide’s objection to this because he objected to this from the beginning.

Chairman Morris continued that he would be happy to end this discussion and direct staff to continue to object to this at DCA; however, he was willing to negotiate an agreement with the City.

Commissioner McLain stated the County staff has made their recommendation to the Board and the Board has moved on that issue. Now, the property has been annexed into the City and their intentions on zoning and density has, in his opinion, an effect on the County residents. He said he is looking for what is going to be done to the plan to make it acceptable to the County so the Board can feel like the plan is compatible. Otherwise, he would recommend objecting at DCA and standing firm on their land use.

Commissioner Adams stated his concern is that there is a good transition; and just because this has been annexed into the City, he does not believe the Board should walk away from it.

Ron McLemore, City Manager of Winter Springs, addressed the Board to state he believes the City has gone a long way to try to address all the concerns as they have been listening to concerns for two years from the residents, the County and the City of Oviedo. He said the City has tried to mitigate these concerns and he believes they have. He reviewed what the City has agreed to in trying to alleviate the concerns for this development. He stated that the only thing of any substance that they did not agree to was the density. They kept the density to 2.75 units per acre. He added that the overall density is less than what is in MacKinley’s Mill subdivision. He further stated that the real concern is what is going to happen to Black Hammock and he feels there needs to be a bi-lateral agreement between Winter Springs and Oviedo to set this policy. He said they are totally committed to sitting down with the City of Oviedo and the County to work out this agreement.

Upon inquiry by Chairman Morris, Mr. Matthews advised that in discussions with the property owner’s representative, he has agreed to work with the County staff in order to provide a trail on this property some day.

Upon inquiry by Commissioner Adams, Mr. McLemore advised he does not believe the City has any objections to putting a plan policy into the City’s Comp Plan that would prohibit future annexations into the County’s rural area. However, they want to make sure that they have the agreement with the City of Oviedo.

Mr. Matthews advised that once the plan amendment is transmitted to DCA, there is a 21 day appeal period - the deadline should be around April, 1998.

The Chairman stated there is still time to work out an agreement.

Commissioner McLain stated he is looking for a resolution to this that will provide the integrity for the unincorporated rural area, along with the two Cities, so that everyone has a comfort level.

There was no response to the Chairman’s inquiry as to whether the Board wanted to change direction on this issue.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve proprietary contract (not to exceed $20,000) with Attorney John Howell, Maguire, Voorhes & Wells, P.A., for legal counsel associated with the development of Interlocal Agreements with participating cities and existing CRA’s regarding the US 17-92 Redevelopment Agency.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

Commissioner McLain left the meeting at this time.

Civil Engineer, Tom Radzai, addressed the Board to present request for approval to waive sidewalk installation for Viscaya subdivision for Dr. G. Meghdadi. He advised staff has no objections to the waiver.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to grant waiver to the requirement to install a four-foot sidewalk along the access road for Viscaya subdivision, Dr. G. Meghdadi.

Districts 1, 2, 3 and 4 voted AYE.

Mr. Fisher distributed copies of the proposed ordinance (received & filed) amending the Land Development Code. He advised the Planning & Zoning Commission will hear this item on February 4, 1998; and the BCC will hear this on February 24 and March 10, 1998.

Commissioner Van Der Weide left the meeting at this time.

Motion by Commissioner Adams, seconded by Commissioner Maloy to authorize staff to advertise for public hearings to consider the enactment of an ordinance to amend the Land Development Code.

Districts 1, 2 and 4 voted AYE.

The Chairman announced that he received notice from the Orlando Sanford Airport that Mr. Grindle is stepping down from the Sanford Aviation Noise Abatement Committee. He requested a memo be sent to the Board advising them that consideration of an appointment to replace Mr. Grindle will be done at the February 10, 1998 meeting.

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The Chairman advised of checks the County has received from residents for the Annual Report Calendar; and he requested direction on what to do with same. He suggested sending the check back with a letter of explanation. The Board voiced no objections to returning these checks to the parties who sent them.

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Motion by Commissioner Maloy, seconded by Commissioner Adams to appoint Daryl McLain Liaison to the Seminole County Risk Management Executive Committee, replacing Commissioner Morris.

Districts 1, 2 and 4 voted AYE.

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The Chairman advised of appointment to the Program Review Committee.

Motion by Commissioner Maloy, seconded by Commissioner Adams to appoint Tom Laird to the Program Review Committee to complete the two-year term of Paul Tremel, expiring 1/1/99; and to adopt appropriate Resolution #98-R-27, as shown on page _______, commending Mr. Tremel for his services on same.

Districts 1, 2 and 4 voted AYE.

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The Chairman advised he has asked the County Attorney for a recommendation with regard to the payment issue to the East Central Florida Regional Planning Council. He advised he has received two demand letters from ECFRPC. He further advised that Orange County has voted that they are not going to take any further action (in that they are not going to pay).

Mr. McMillan advised he understands that Orange County is going to reconsider this at their meeting in February.

The Chairman stated that based on that, he would like to place this on the agenda for the February 10 meeting.

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

1. Notice of 1/23/98 Local Health Council of East Central FL meeting. (cc: BCC, CM, DCM)

 

2. Letter dated 1/19/98 from Clara Oostenbrink to Chairman Morris re: light rail. (cc: BCC, CM, DCM, Dick Thomas)

 

3. Copy of fee simple donation agreement for property and right of entry, parcel #800 part A, CR 46A.

 

4. Letter received 1/19/98 from Clara Oostenbrink to Chairman Morris re: College Ave. (cc: BCC, CM, DCM, Jerry McCollum, Bob Zaitooni)

 

5. Notice of 1/20/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM)

 

6. Memo dated 1/13/98 from Eric Silverberg, Sr. Deputy Court Administrator, to Chairman Morris re: courthouse space request. (cc: BCC, CM, DCM)

 

7. Notice of 1/21/98 Seminole County Port Authority board meeting and agenda. (cc: BCC, CM, DCM)

 

8. Notice of 2/5/98 City of Lake Mary public hearing re: Lot 7, Cardinal Oaks Estates vacate. (cc: BCC, CM, DCM, Current Planning, Development Review)

 

9. Copy of letter dated 1/20/98 from Maryanne Morse, Clerk of the Circuit Court, to Commissioner Van Der Weide re: travel receipts. (cc: BCC)

 

10. Fax dated 1/15/98 from Vivian Zaricki, FL Assoc. of Counties, to Chairman Morris re: Article V funding. (cc: BCC, CM, DCM, County Attorney, Maryanne Morse)

 

11. Copy of letter dated 1/15/98 from Lonnie N. Groot, Deputy County Attorney, to Donna McIntosh, Esq., City of Casselberry Attorney, re: adult entertainment businesses.

 

12. Memo (with attachments) dated 1/9/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: eminent domain legislation.

 

13. Letter dated 1/12/98 from Kurt Spitzer, FL Assoc. of Stormwater Utilities, to Chairman Morris re: stormwater utility fees. (cc: BCC, CM, DCM, Engineering, OMB, County Attorney)

 

14. Memo (with attachments) dated 1/9/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: contacts with attorneys.

 

15. Fax dated 1/12/98 from Ronald Cook to BCC re: annual report calendars. (cc: BCC, CM, DCM)

 

16. Fax dated 1/13/98 from Brenda Soper to BCC re: Jere Pile par 3 golf course in Mandarin SD. (cc: CM, DCM, Current Planning)

 

17. Fax dated 1/13/98 from Tom McDaniel to BCC re: adult entertainment businesses. (cc: BCC, CM, DCM)

 

18. Letter dated 1/12/98 from Thomas C. Greene, Lake Mary Commissioner, to Chairman Morris re: airport noise pollution. (cc: BCC, CM, DCM, Current Planning)

 

19. Letter dated 1/8/98 from Keith & Laura Hinckley to Chairman Morris re: Internet pornography on library computers. (cc: BCC, CM, DCM, Library & Leisure Svs.)

 

20. Copy of letter dated 1/15/98 from Lonnie N. Groot, Deputy County Attorney, to William L. Colbert, Esq., re: adult entertainment businesses.

 

21. Notice of 1/28/98 Stormwater Working Group meeting.

 

22. Two (2) form letters re: adult entertainment businesses within 10 miles of Lake Forest SD from: Michael B. Murphy; Robert & Jacqueline Gokey.

 

23. Letter dated 1/14/98 from John C. Hitt, UCF President, to Chairman Morris re: UCF 96/97 report.

 

24. Copy of letter dated 1/14/98 from Lonnie N. Groot, Deputy County Attorney, to Bobby Brantley re: amendment to FS 286.011-protection of privilege between local government attorneys and government officials.

 

25. Letters dated 1/12/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of contribution of "Homeless Homer/Morris the Cat" coupons for Heinz Homeless Pets Program to: Wayne & Paula Forbert; Mr. & Mrs. D. Pierson.

 

26. Approved minutes of 12/11/97 Tourism Development Commission meeting.

 

27. Memo dated 1/19/98 from Shelia Beal, Community Svs., to BCC re: name change of Temporary Living Center, Inc. to Specialized Treatment, Education & Prevention Svs., Inc. (STEPS).

 

28. Copy of letter dated 1/13/98 from Robert A. McMillan, County Attorney, to Kenneth W. Wright, Esq., re: adult entertainment litigation services.

 

29. Public notice of 1/15/98 luncheon attended by Commissioners Win Adams and Daryl McLain.

 

30. Memo dated 1/7/98 from Kathy Morris, One-Stop Permitting, to Sandy Wall, Recording Secretary, re: submissions into County Records.

 

31. Letter dated 12/12/97 from Roy & Cindy Stevens to Chairman Morris re: Gospel Light Baptist Church.

 

32. Copy of memo dated 1/22/98 from Lonnie N. Groot, Deputy County Attorney, to John Ross, Esq., re: FL Sheriffs’ Assoc. legislative program.

 

33. Copy of letter dated 1/22/98 from Lonnie N. Groot, Deputy County Attorney, to David A. Wasserman, Esq. re: faxed correspondence to Chairman Morris.

 

34. Copy of letter (with attachment) dated 1/23/98 from Gary E. Kaiser, County Manager, to V. Eugene Williford III, Oviedo City Manager, re: sidewalks on CR 419.

 

35. Letter dated 1/21/98 from Mr. & Mrs. Maurice C. Guichard to Chairman Morris re: Gospel Light Baptist Church. (cc: BCC, CM, DCM, John Dwyer)

 

36. Copy of letter (with attachment) dated 1/24/98 from Mr. Dale A. Dezort to BCC re: LYNX route 23. (cc: BCC, CM, DCM)

 

37. Two one-of-a-kind letters in support of annual report calendar from: Phyllis A. Bridges; Ann Brodick. (cc: BCC, CM, DCM)

 

38. Memo dated 1/23/98 from John T. Hauserman, Environmental Inspector-Solid Waste to BCC re: annual Amnesty Day.

 

39. Memo dated 1/21/98 from Kathy Morris, One-Stop Permitting, to Sandy Wall, Recording Secretary, re: submissions into County Records.

 

40. Copy of letter dated 1/23/98 from Chairman Morris to Mary Hackett re: Rolling Oaks Cove traffic problems.

 

41. Letter dated 1/20/98 from Mary Hackett to Chairman Morris re: Rolling Oaks Cove traffic problems. (cc: BCC, CM, DCM, Board of Adjustment, Traffic Engineering) (cc: BCC, CM, DCM, Board of Adjustment, Traffic Engineering)

 

42. Copy of letter dated 1/13/98 from Chairman Morris to Nancy M. Houston, FL DOT, re: Oviedo to Spring Hammock Rails to Trails acquisition project.

 

43. Letter dated 1/21/98 from Beth Hattaway, Program Review Committee, to Chairman Morris re: recess of Committee. (cc: BCC, CM, DCM)

 

44. Letter dated 1/16/98 from David J. Mealor, Mayor of Lake Mary, to Chairman Morris re: Rinehart Rd. (cc: BCC, CM, DCM, Engineering, Stormwater)

 

45. Minutes from 10/23/97 Econ River Working Group. (cc: BCC, CM, DCM)

 

46. Letter dated 1/21/98 opposed to annual report calendar from: Richard D. Russi, Tony Russi Insurance Agency, Inc. (cc: BCC, CM, DCM)

 

47. Copy of letter dated 1/18/98 from James W. Tinsley to Commissioner Van Der Weide re: Bear Grove South SD.

 

48. Copy of letter dated 1/19/98 from T. Jeffery Dodson, Rink Development & Management, Inc., to Mr. & Mrs. Don Beverly re: Ravenaux Apartments site. (cc: BCC, CM, DCM, Current Planning, Development Review)

 

49. Letter dated 1/17/98 from Wayne T. Busch to Chairman Morris re: Par 3 golf course in Mandarin SD. (cc: BCC, CM, DCM, Current Planning)

 

50. Letter dated 1/17/98 from Henry & Charlotte Coulon to Chairman Morris re: light rail (cc: BCC, CM, DCM, Dick Thomas)

 

51. Notice of 2/4/98 Wekiva Basin GEOpark meeting. (cc: BCC, CM, DCM)

 

52. Notice of 1/22/98 Friends of Lake Jesup Restoration & Basin Management Team meeting and agenda. (cc: BCC, CM, DCM)

 

53. Copy of letter (with attachment) dated 1/20/98 from Chairman Morris to Harold Webb, FL DOT, re: Central FL light rail transit study.

 

54. Fax dated 1/20/98 from Ron McLemore, Winter Springs City Manager, to Chairman Morris re: Battle Ridge. (cc: BCC, CM, DCM, Comprehensive Planning, Development Review)

 

55. Letter (with attachment) dated 11/18/97 from V. Eugene Williford III, Oviedo City Manager, to Chairman Morris re: adult entertainment resolution. (cc: BCC, CM, County Attorney, Current Planning)

 

56. Letter dated 12/8/97 from Paul Lovestrand to Chairman Morris re: Community Redevelopment Agencies (CRAs).

 

57. Two (2) form letters re: Gospel Light Baptist Church from: Claude H. Green; Dorothy F. Green.

 

58. Three (3) form letters in opposition to adult entertainment businesses from: Steve Maxwell; S. Michael Rankin; Marjorie Ramirez.

Commissioner Adams stated he firmly believes the County needs to "jump start" the US 17-92 area. He said he believes the County needs to invest money into this area and he would like staff to come back to the Board to show how much money can be used from the new funds the County is receiving from their economic development program which has been so successful along the Heathrow/I-4 Corridor. He explained that specifically with regard to the Fern Park area, he has been approached by people regarding possibly opening up a type of cultural arts theater district. He said he is speaking of something like the Carnegie Hall of the south.

Upon inquiry by the Chairman, Commissioner Adams stated he would like to look into the possibility of diverting the economic incentive funds from the Heathrow/I-4 Corridor to the 17-92 area. He said he would also like to have the budget analyzed.

Commissioner Maloy stated he has no problem with beautifying 17-92; however, he believes this is too broad with no details.

Commissioner Adams stated this is more than beautification; this is economic development.

Commissioner Maloy said he thinks this might be a reaction to some of the people who are upset concerning adult entertainment and he wants to make sure the Board is moving with more details.

Commissioner Maloy left the meeting at this time; therefore, the meeting was ended at 5:28 p.m., for the lack of a quorum.

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The Board reconvened at 7:00 p.m., this same date, with all Commissioners and all other Officials, with Commissioner Maloy being late, with the exception of Deputy Clerk Sandy Wall, 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 Amendment from Suburban Estates to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located south of Orange Blvd. and ½ mile west of Oregon Street, containing approximately 9.02 acres, Miranda Fitzgerald, received and filed.

Cindy Matheny, Senior Planner, addressed the Board to state staff recommends approval of the request with findings that: (1) The proposal would be consistent with the locational criteria of the County’s Comprehensive Plan relating to the Planned Development land use designation; (2) The proposal would be compatible with development trends in the existing approved Lake Forest development; (3) Planned Development land use, as proposed, would be consistent with adjacent Planned Development and Suburban Estates land use designations; (4) The proposed amendment does not alter the options or long-range strategies for facility improvements or capacity additions included in the Support Documentation to the Plan; and (5) Planned Development land use, as proposed, would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. Staff also recommends that the rezone request is: (1) In compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to Planned Development land use and PUD zoning; and (2) The request would be compatible with surrounding development. Therefore, staff recommends approval of the rezoning subject to execution of a revised Developer’s Commitment Agreement incorporating the subject parcels.

John Dwyer, Current Planning Manager, addressed the Board to show the location of the two proposed sites on the aerial map.

Miranda Fitzgerald, applicant, addressed the Board to state she is in agreement with staff recommendations. She stated she would appreciate the Board’s approval of the Comp Plan and Rezoning.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt the Planned Development Plan Amendment and PUD zoning district; property located south of Orange Blvd. and ½ mile west of Oregon Street, containing approximately 9.02 acres, Miranda Fitzgerald; with staff findings and recommendations as recommended by the Planning & Zoning Commission; Development Order & 1^st Amendment Agreement, as shown on page ________.

Districts 2, 3, 4 and 5 voted AYE.

Ordinance #98-8, as shown on page _________, pertaining to the Miranda Fitzgerald Plan Amendment and Ordinance #98-9, as shown on page _________, pertaining to Rezoning for same, pursuance to Board action, were received and filed.

Grey Wilson, Oviedo resident, addressed the Board to express his concern with regard to the City of Winter Springs establishing a Steering Committee made up of homeowners’ associations to review the Battle Ridge Plan Amendment. He stated that committee was said to be a part of the growth management process, but it did not fall under that because it was closed to the public, no minutes were taken at those meetings, and none of the members voted on the minutes. There were a number of things that occurred during those hearings that are very questionable.

Commissioner Maloy entered the meeting at this time.

Chairman Morris stated the Board discussed this item this afternoon. He stated the issue of the committee being an interactive committee was brought to the Board’s attention today. He said he feels that the process will continue for the next 60 days.

Robert King, Black Hammock resident, addressed the Board to state he has never been in public meetings where other cities commented and he has never seen the level and caliber of the conversations about intergovernmental issues. The sequence of events that has lead them to where they are now may never be duplicated again. A significant part of his association’s comments is a joint future land use map or joint planning area in which everyone has looked at and agreed to it. It could be significantly different than what is on the table at the present time.

Chairman Morris stated Mr. McLemore, City of Winter Springs City Manager, has indicated that he favors the concept of addressing the Comp Plan issues with respect to a joint agreement. He stated this is an interesting situation as there are a lot of good intentions here and they are going to see if they can come to an agreement.

Commissioner Adams stated he and Commissioner McLain have been working together to clean up the Little Wekiva River to make it passable for canoes, etc. He stated a group of people from the Friends of the Little Wekiva, St. Johns River Water Management District (SJRWMD), Department of Environmental Protection (DEP), The Springs Homeowners Association, and staff from Seminole County gathered this past Saturday to clean up the river. One of the biggest impediments in that river for canoe traveling is the force main pipes at the fourth bridge near Sanlando Utilities. He said he and Commissioner McLain have been negotiating with DEP, Sanlando Utilities, SJRWMD, the Springs Association in opening that bridge area so there will be a canoe run along that river. He stated the DEP is planning to donate $16,000 in helping out this endeavor and Sanlando Utilities, SJRWMD and the Springs Association are planning to donate $12,250 for same. He stated he would like the County to donate $12,250 for same contingent upon the other parties submitting their share.

The consensus of the Board was to authorize staff to submit a written proposal to the Board for the County’s participation in the amount of $12,250.

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Commissioner Adams informed the Board that Ms. Patricia Gary, Vice President of International Council of Central Florida, and Lorraine Wood have indicated that they are in the process of securing a large house on the corner of Maitland Avenue in Altamonte Springs. He stated the purpose of this house is to entertain a lot of the international visitors coming in from the State Department. Ms. Gary is able to get the property owner to provide a house for these visitors to hold the international meetings. He said this house is being provided without any funds being passed forward and his hat is off to Ms. Gary for a tremendous job.

Chairman Morris stated he wishes Ms. Gary continued success for her work on this.

Commissioner Adams stated he believes that this house will be named Murray International House. He submitted a copy of the U.S. Department of State town meeting scheduled on February 5 in Tampa, and the schedule shows that the International Council of Central Florida is being recognized by the State Department. He added he will be attending that meeting in February.

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Motion by Commissioner Adams, seconded by Commissioner Maloy to reappoint Beverly Myers to the Library Advisory Board for a two-year term expiring January 1, 2000.

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

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Commissioner Adams stated at the last meeting he presented a request to name the Winwood Community Center after Lillie Green. He stated at that time, the Board requested additional information on her and he submitted an article (received and filed) from the Orlando Sentinel reporting on her work throughout the County. He submitted letters from the South Seminole Community Association and Granada South Homeowners’ Association, Inc. recommending that this center be named after Ms. Green (all were received and filed).

Motion by Commissioner Adams, seconded by Commissioner McLain to authorize the CDBG Division to proceed with the necessary arrangements to name the Winwood Community Center "The Lillie H. Green Community Center", and to obtain and install a sign for the center prior to its dedication in March.

Under discussion, Chairman Morris recommended that a plaque be placed in the center so that everyone will know who she is.

Commissioners Adams and McLain agreed to include that recommendation in the motion.

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

Upon inquiry by Commissioner McLain relative to the community providing the revenue for this, Commissioner Van Der Weide recommended that the County provide same. The Board had no objections.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to appoint/reappoint the following:

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:30 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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