The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:02 a.m. on Tuesday, November 24, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

Deputy County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Purchasing Manager, Kelly Loll, addressed the Board to give a verbal presentation on the Purchasing Division’s Web Page. She thanked the County Manager and Commissioners for their support which enabled her office to be in the forefront of "a business doing government work." She stated their cost for advertising has been greatly reduced because of being able to use the Web page. She also advised of a $200,000 savings experienced in one bid due to a lower bid being identified, so she said this information is very beneficial to the County.

Ron Brown addressed the Board to state with information on demand, they are storing state-wide data base of bid

information and it allows access at no charge to any city or county governmental agency within the confines of Seminole County or any other county.

Commissioners Morris and Van Der Weide commended Ms. Loll for a great job.

Mr. Kaiser also commended Ms. Loll and her staff for leading the way throughout the State and doing a tremendous job.

Chairman Henley also commended Ms. Loll for a job well done.

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Colleen Rotella, Comprehensive Planning Manager, and Frances Chandler, Planning and Development Director, addressed the Board to give an update on the Chuluota Small Area Study. Ms. Rotella stated there are additional issues that warrant staff going back and doing more research of the transportation impacts and alternative land use development scenarios for the Chuluota area. She said staff is currently evaluating a number of transportation modeling alternatives. The second area staff is looking at evolves from the Planning Agency’s desire to have a number of land use scenarios presented for consideration. They will present to the LPA Board a number of land use scenarios which will range from maintaining the current rural lifestyle area to a much more urban land use pattern that they can realistically believe would evolve in the Chuluota area over a period of time. With each scenario, staff will be presenting the necessary changes to the County’s Growth Management Plan which will be needed to make sure the Plan maintains its consistency as required by State law. She said staff has been working with the LPA Chairman, Dick Harris, to establish a work session to be held on December 2. They will go through the alternatives and give an update on the study progress. The public hearings will be held on January 6, 1999, with the LPA and before the BCC on January 26 for action and transmittal to the State.

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Suzy Goldman and Bob Chorvat addressed the Board to present the request from the City of Sanford for Boater Improvement Funds. Ms. Goldman stated the State would prefer an application process. If the Board decides to award the funds, there would be a need for a project agreement.

Commissioner Maloy said it seems the Board should follow through with the application process to be fair to all the cities to see if there are other projects. He said the Board just set up the application process last week and he feels it should be followed.

Chairman Henley asked Sanford City Manager, Tony VanDerworp, if there was any reason this has to be done in this manner rather than going through the process.

Whereupon, Commissioner McLain answered that the docks at Lake Monroe are fixed docks and it is the largest access in the County to the St. Johns River. Over the last six years, the City has had a dangerous situation to the community due to the high water. He said the boating season starts this spring in about three or four months. This project will take several months, and the process they go through to make a selection will drag the project well into the boating season. He has talked to staff about this and they agree that this is a worthy project. He thinks it is important that they provide safe docks to the public. He urged the Board to move forward and use the funds they have sitting in place to provide that opportunity. He pointed out that the funds now available should have already been distributed. He asked why wait for this summer to spend the money to improve the docks when the County will be receiving more money.

Ms. Goldman advised the Board of the time schedule that would be involved with the application process.

Mr. VanDerworp addressed the Board to state the dock is in bad shape and has been in disrepair for a couple of years. He said he would like to get it underway before the boating season. If the Board awards the funds, they could start working on the project at the end of January. He said the funds are useful to them because they will be able to do the design and parking lot in the same year.

Commissioner Van Der Weide said he doesn’t see any pressing need like what they have with the boat dock, and nobody else has that access to Lake Monroe and the St. Johns.

Commissioner Morris stated this is a most logical request.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the recommendation of the District Commissioner to approve the City of Sanford to use Boating Improvement Program funds in the amount of $40,000 to make repairs and install floating docks at the City marina on Lake Monroe.

Under discussion, Commissioner Maloy stated he does not have a problem with the project, but with the process.

Commissioner Morris responded this request was supposed to come before the Board before they came up with the application process, but for whatever reason the City was unable to come forward before the prior meeting. He said he thinks this is a reasonable request.

Chairman Henley said he shares Commissioner Maloy’s concern about adopting a procedure and immediately changing it, but he thinks everybody agrees with the need that is present.

Commissioner Van Der Weide noted that the Board is not eliminating anyone who wants to apply in the future.

Commissioner Morris clarified that the motion was to approve the request and waive the application process. Commissioner Van Der Weide accepted the clarification.

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

Commissioner McLain left the meeting at this time.

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Stormwater Manager, Mark Flomerfelt, addressed the Board to present for adoption a Resolution in support of a grant application by the University of Central Florida to the United States Environmental Protection Agency.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve and adopt appropriate Resolution #98-R-252, as shown on page __________, in support of grant application by the University of Central Florida to the United States Environmental Protection Agency to study water quality and quantity of surface water and groundwater within the Econlockhatchee River Basin.

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

Commissioner McLain returned to the meeting at this time.

DCM, Cindy Coto, addressed the Board to state staff is presently negotiating a tri-party agreement with the School Board and City of Sanford regarding the Sanford Community Swimming Pool. In the agreement is the condition that if for some reason the County does not receive the balance of the $375,000, they will not be able to fund the project. Ms. Coto stated this has caused concern to the School Board and City. She asked if the Board wants to consider alternative funding.

Diane Kramer, Executive Director of Facilities, addressed the Board to state they do not need language in the agreement about alternative funding sources. She explained that the original agreement had that the County agrees to reimburse the School Board for the $375,000. It was when the County added the language that it would be subject to getting funding from CDBG that the concern arose. She said to them, it was easier to leave the agreement open like it was originally.

Discussion ensued. Ms. Coto advised Commissioner Van Der Weide that the project does not qualify for TDC funds.

Commissioner McLain suggested checking with the Library & Leisure Services Department as an alternate source of funding.

Commissioner Morris stated he would object if they go beyond CDBG funding.

Commissioner Van Der Weide said he has similar feelings as Commissioner Morris. He said he can’t remember when any governmental agency reneged on funding they had agreed upon in a previous year. He doesn’t see why they have to add anything else in the language.

Ms. Kramer said she is not sure why the agreement says, "and County approval of the next payment to the School Board on or before January 12, 1999." She said she thought the BCC had already approved that repayment.

Planning and Development Director, Frances Chandler, addressed the Board to state she has had correspondence with HUD and they have identified that an advance encumbrance of $300,000 maximum can be made, but the County must advertise and hold a public hearing. She said the public hearing could be held on January 12, 1999. She advised the current year allocation is already made, and there are two more for future years.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain, to instruct staff to reword the appropriate agreement for two years in the future.

Upon inquiry by Commissioner Morris, Commissioner Van Der Weide confirmed the intent is to assign CDBG funds. He said they are eliminating the first year and going with two more years.

Commissioner Van Der Weide answered Chairman Henley that his personal commitment is that if the CDBG program is cut, the Board would still meet the objective. Commissioner McLain said he agrees with that.

Commissioner Morris stated he can support the motion relative to the commitment although he is not in support of the project.

Ms. Coto stated even if the Board gives approval in January, there is still no guarantee the money is there. She asked if the Board still wants to identify another source in the agreement. Whereupon, Commissioner Morris recommended noting staff’s concern as stated, but said he does not think any additional language should be necessary.

Commissioner Van Der Weide clarified that the motion is to direct staff to tie in the additional two years that are available to fully fund the project, not counting this year. He thinks staff can adjust the document accordingly. He said they are not talking about General Fund appropriations.

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

County Attorney, Robert McMillan, advised the Board that the Court denied the injunction requested by the adult entertainment clubs so the ordinance is in effect and will remain in effect.

Commissioner McLain asked how does the Public Decency Ordinance deal with clubs that may cover their dancers or change to an adult movie theater. Deputy County Attorney, Lonnie Groot, answered there are only two grandfathered adult entertainment clubs in unincorporated Seminole County and neither of them can change to something else. He said any adult theater would have to locate property zoned M-2 or is available under the City of Sanford’s Interlocal Agreement.

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A copy of the Add-on Item regarding Battle Ridge was received and filed. Mr. Groot briefed the Board on the proposed settlement. He advised the Winter Springs City Commission approved the settlement agreement last night. He reviewed some of the essential terms.

Commissioner Morris requested that this item be moved to the afternoon meeting so they can review the information since none of them have been individually briefed. Commissioners McLain and Van Der Weide agreed.

Commissioner Maloy said he would like to have staff give a brief overview without getting into a debate.

Mr. Groot advised of correction to page 1 under (1) Annexations of the summary of the settlement agreement to read, "the City of Winter Springs agrees not to involuntarily annex property in the eastern area and to amend its comprehensive plan to so state." Mr. Groot began a review, stating an Administrative Law Judge will hear this matter in the event the settlement does not occur. He submitted a map (copy received and filed) and pointed out the areas of discussion. He said staff believes they have accomplished the goals and that is why they have agreed to the settlement. He said a copy of the settlement has been faxed to the Oviedo City Attorney.

Commissioner Morris stated there are other parties named in this and the Board assured them of full communication with them. If they are only informing the Cities of Oviedo and Winter Springs, they are in violation of the other affected parties in this suit.

Mr. Groot advised there are two other administrative proceedings, and he said the City of Oviedo’s suit can proceed. He stated the petition by the homeowners is a separate procedure and staff has always told them theirs are zoning issues. The issues the County has been addressing are major planning ones. He said the proposed settlement agreement does not affect the homeowners’ ability to proceed through the process on their issues.

Chairman Henley asked the Commissioners to study this information and be prepared this afternoon for discussion and questions. He said this item can be inserted just before the Chairman’s Report.

Chairman Henley advised that Item #5, BCR #99/05, and Item #11, BCR #99/15, are withdrawn from the Agenda.

Purchasing Manager, Kelly Loll, advised of a third location for pavement, Lockwood to Oklahoma, to add to Item #22, Sole Source Procurement.

Ms. Coto advised of Add-on Item #32 to the Agenda, Mennonite Disaster Service.

Commissioner McLain requested Item #3, Wholesale Purchase Agreement with the City of Casselberry, be pulled for a briefing and separate vote.

Commissioner Van Der Weide requested that Item #2, Seminole County Chamber of Commerce recommendations for appointments to the Regional Central Florida Jobs and Education Partnership Board of Directors, be pulled for a separate vote.

Commissioner Maloy requested Item #1, Agreement between Central Florida Innovation Corporation and Seminole County, be pulled for a separate vote.

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

Commissioner Maloy discussed Item #1, Agreement between Central Florida Innovation Corporation (CFIC) and Seminole County for FY 1998/99. He stated he doesn’t see that the County needs to be subsidizing an additional corporation. He said this company gets funding from Orange County and others, and he doesn’t see any dire, desperate need.

Bob Turk, Economic Development Manager, addressed the Board to state the County has partnerships with Orlando, Orange County and the University of Central Florida.

Richard Fox, President of Central Florida Corporation, addressed the Board to state for the last two quarters they have been responsible for 25% of all investments made in the State. He said their interest is in working with Seminole County in a more direct mode. He stated their annual budget is about $1 million and about 1/3 of that is spent in Seminole County. This agreement is a show of coupling and good faith and continued sharing.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize Chairman to execute Agreement, as shown on page __________, between Central Florida Innovation Corporation (CFIC) and Seminole County for FY 1998/99; and authorize the payment of $10,000 to the Central Florida Innovation Corporation. This payment is for service contract period of October 1, 1998 through September 30, 1999. Total payments to CFIC for FY 98/99 are $10,000.

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

Commissioner Maloy voted NAY.

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Commissioner Van Der Weide discussed Item #2, appointments to the Regional Central Florida Jobs and Education Partnership Board of Directors. He asked if Seminole Community College had been included in the recommendations for appointments, and were there suggestions from other Chambers, or are they strictly going by the list presented.

Mr. Turk answered that staff put these names forward based on the list they had last year. They asked the Seminole County Chamber of Commerce to coordinate the list of names, and they have presented this through the recommendation of the Chamber.

Gary Earl addressed the Board to advise these names belong strictly to the private sector and the nominations came from a single slate by the Chamber.

Commissioner Van Der Weide suggested including all the chambers in the County for consideration.

Chairman Henley asked Mr. Turk to relay to the Seminole County Chamber that the Board wishes reassurance that the other chambers will be included.

Mr. Turk corrected the name of the appointee for Metal Essence. It should be Al Stimac and not Larry Stimac.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the Seminole County Chamber of Commerce recommendations for the appointment of Debbie Clements, Sprint; James Crews, Florida Power Corporation; Barbara Sargeant, Sargeant & Sargeant; Larry Strickler, Bell South; and Al Stimac, Metal Essence, to the Seminole County seats of the regional Central Florida Jobs and Education Partnership Board of Directors.

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

Commissioner McLain discussed Item #3, Wholesale Purchase Agreement with the City of Casselberry for service to the Sun Lake PUD. He asked why move forward with this and authorize it if it will cost the County more money.

Bob Briggs, Acting Environmental Services Director, addressed the Board to answer questions.

Mayor Partyka of Winter Springs addressed the Board to discuss the agreement. He said at $.78/1,000, the County would immediately save 11% with no additional capital cost. The agreement would hold in place for 15 years. He explained that it is not unusual to have dual providers. He said their recommendation is that there is now an incentive for Seminole County taxpayers to take Option B and save some money.

Upon inquiry by Commissioner Morris, Mr. Briggs said staff did go back to the City of Casselberry after the offer by the City of Winter Springs. He said staff prepared the agenda item based on their recommendation. He stated the rate has not changed and the City of Casselberry is honoring their agreement now.

Commissioner McLain stated he was out of town last week and this information just became available to him this morning. He thought it was important enough to bring to the table for discussion. He said he supports not moving hastily on this.

Commissioner Morris suggested allowing the Board to give this item the appropriate review it needs. He said he just received a letter from the City Manager. He recommended moving this item to the first meeting in December to allow the appropriate review by the Board.

The Board’s consensus was to move this item to the December 8, 1998 BCC meeting agenda.

Commissioner McLain left the meeting at this time.

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

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

1. Extension to Lease/Maintenance Agreement, as shown on page __________, for Heavy Equipment (Bid #951) with Neff Machinery, Inc., approved by the Board on September 23, 1997.

 

2. Memorandum to Sandy McCann from Lonnie Groot, Deputy County Attorney, submitting letter from the American Liberties Institute.

 

3. First Amendment to Legal Services Consultant Agreement (M-48-98), as shown on page __________, with Maguire, Voorhis & Wells, P.A.

 

4. Mutual Termination of Work Order No. 29 to RFP-407, Eminent Domain and Litigation Professional Consultant Agreement, as shown on page __________, with Clayton, Roper & Marshall, Inc.

 

5. Appraisal Services Agreement, as shown on page __________, for Tuskawilla Road, Phase III, Parcels 107, 113 and 100/700 (M-76-98) with Diversified Property Specialists, Inc.

 

6. Copy of letter to Attorney Lawrence G. Walters, Wassermann & Walters, from Lonnie Groot, Deputy County Attorney, regarding Public Records Request of November 9, 1998.

 

7. Surveying Services Agreement, Lockhart-Smith Canal (M-75-98), as shown on page __________, with Tinklepaugh Surveying Services, Inc.

 

8. First Amendment to Work Order No. 21, as shown on page __________, PS-RFP-407-97, GGI, LTD.

 

9. Copy of Memorandum to the BCC from Penny J. Fleming, Director of Staff Services, transmitting FY 1997-98 Annual Reports for the Sheriff’s Office.

 

10. Copy of letter to Attorney Cecelia Bonifay, Akerman, Senterfitt & Eidson, P.A., from Deputy County Attorney Lonnie Groot regarding their public records request.

 

11. Performance Bond, as shown on page __________, in the amount of $301,500 for Consolidated Resource Recovery, Inc., regarding RFP-157 filed September 14, 1993.

 

12. Memorandum to Sandy McCann from Lonnie Groot, Deputy County Attorney, regarding correspondence relating to Colonial Grand Development Proposal.

 

13. Copy of letter to Chairman Morris from John T. Koehler, District Manager, Florida Department of Agriculture & Consumer Services, transmitting the Annual Report for the Division of Forestry.

 

14. Letter to Maryanne Morse, Clerk of the Circuit Court, from Ray Valdes, Tax Collector, transmitting a copy of the State of Florida Constitutional Officers Financial Report for the year 1997/98.

 

15. Developer’s Commitment Agreement Addendum #1, as shown on page _________, to the L & L Acres Planned Unit Development dated October 29, 1998, as approved per the Land Development Code.

 

16. Work Orders #6 and #7, as shown on page __________, to PS-518-98, Inwood Consulting Engineers, Inc.

 

17. Work Order #1, as shown on page __________, for Comprehensive Planning Consulting Services Agreement, Katie’s Landing Conceptual Design.

 

18. Work Order #35, as shown on page __________, to RFP-407, Markham Woods Road/S.R. 434/Douglas Avenue.

 

19. Copy of memorandum to the BCC from Penny J. Fleming, Director of Staff Services, transmitting check in the amount of $114,515.59, unexpended funds as of October 30, 1998 for FY 1997/98.

 

20. First Amendment to Appraisal Services Agreement, as shown on page __________, for Lake Emma Road Pond Site No. 6, M-74-98.

 

21. Recorded Customer Agreement for Reclaimed Water Rates and Easement, as shown on page __________, for Florida Power Corporation.

 

22. Bill of Sale and Warranty Deed, as shown on page __________, for Capri Cove f/k/a Magnolia Cove.

 

23. Order Revising Order on Procedure from the Public Service Commission regarding Docket No. 971638-SU, Florida Water Services Corporation.

 

24. Bids FC-154-98/BJC, as shown on page __________.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve the Official Minutes dated October 27 and November 10, 1998.

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The Board, thereupon, recessed at 10:30 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were in the Opening Session.

The Invocation was given by Pastor Beth Fogle-Miller, First United Methodist Church, Sanford.

Commissioner Maloy led the Pledge of Allegiance.

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

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

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1 (Single Family Residential) for property located southeast of SR 426 and north of Aloma Woods Blvd., CFG Real Estate, received and filed.

Senior Planner, Don Fisher, addressed the Board to give an overview of the request 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 Comp Plan and Land Development Code; (2) The request, with compliance with the Neighborhood Agreement, 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.

Mr. Fisher further advised that staff would have no opposition to the rezoning, subject to the following: (a) Developer shall investigate secondary or alternate means of access to SR 426; (b) The developer is responsible for traffic signal expenses at the intersection of Aloma Woods Boulevard and SR 426; (c) Only those areas above the post-development 100-year flood prone elevation are rezoned; (d) Provide an emergency vehicular access to Church Street; (e) Subject to the applicable conditions of the Neighborhood Agreement, dated October 13, 1998, as follows: (1) Lots shall have a minimum size of 70’ x 120’; (2) Provide a 15’ ingress-egress easement commencing at the northwest corner of the 20 acre property and run east to the west edge of the proposed retention pond (this easement is currently known as Pine Run Road). At the end of the easement, CFG shall install a double gate and an 8’ high green vinyl clad chain link fence. Additionally, an 8’ high green vinyl clad chain link fence, with a double gate located at Parcel 28-21-30-300-0120-0000, Parcel 28-21-30-300-012F-0000, and Parcel 28-21-30-300-021G-0000, shall be installed on the northerly property line of the 20 acres from a seamless connection at the brick wall at the northwest and running east to the Iron Bridge Treatment Plant property; (3) Comply with one of the following options along the northern property line: (i) If dry retention is located on the entire length of the northern property line, an 8’ high green vinyl clad chain link fence shall be installed; (ii) If lots are installed along the entire length of the northern property line, a 6’ high brick wall of the same type and color used in the 10’ buffer easement shall be installed; (iii) If a combination of dry retention and lots are proposed, the appropriate fence shall be installed as described above (additionally, the specific type of fence will be required to be extended and aligned with, and adjacent to, the closest property line and boundary of the bordering neighbor’s property.

Mr. Fisher distributed a copy (received & filed) of the Amendment to CFG Real Estate Group, Inc./Aloma Woods Neighborhood Agreement and read same into the Record. He clarified that the staff recommendations will be changed to coincide with the stipulations of this agreement.

William Cole, President of CFG Real Estate, addressed the Board to concur with staff’s recommendations.

Barbara Stiver, 2465 Kirk Road, addressed the Board to advise she represents the homeowners north of the subject property. She stated they are in agreement with the conditions of the rezoning.

Speaker Comment Form was received and filed.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve request, by Ordinance #98-50, as shown on page ________, to rezone from A-1 (Agriculture) to R-1 (Single Family Residential) for property located southeast of SR 426 and north of Aloma Woods Blvd., as described in the proof of publication, CFG Real Estate, subject to staff comments; 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), RP (Residential Professional), and R-2 (One and Two Family Dwelling) to R-3A (Multi-Family) for property located on the east side of Lake Howell Road, south of Lake Howell Lane, Beazer Homes, received and filed.

Mr. Fisher gave an overview and site analysis of the request, advising the applicant is requesting a waiver to the active/passive buffer requirements and a waiver to the requirement of the R-3A zoning district to place accessory uses toward the interior of the development. Staff does not object to the waivers provided that a masonry/brick wall with trees are provided on the south lot line, limiting the garage structures to one-story, and that hours and lighting are restricted on the accessory uses.

Mr. Fisher further 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 Comp Plan and 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 rezoning at a maximum density of 8.9 dwelling units per acre, subject to the following: (1) Installation of a 6’ masonry/brick wall with an equivalent of 8 trees per 100’ along the south boundary line; (2) Provide a 15’ landscape buffer on the north and south boundary lines; (3) Limit the height of the garage area to one-story; (4) Accessory uses to be closed and lights turned-off from 10:00 p.m. to 7:00 a.m.; (5) Lighting to be designed and directed so as to minimize impacts on properties located to the south and northeast; and (6) Provide a 20’ wide stabilized access into the property, between the buildings and at the rear of the buildings for emergency services. He added that on October 21, 1998, the P & Z recommended this request subject to staff comments.

Ray Braddick, Bowyer-Singleton, representing the developer, addressed the Board to display large conceptual drawings (received & filed) of the proposed townhouse development. He briefly discussed the proposal.

No one else spoke in support or in opposition.

District Commissioner Henley stated he has reviewed the plan and spoken to the developer and believes the project will be a fine addition to Seminole County.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve request, by Ordinance #98-51, as shown on page ________, to rezone from A-1 (Agriculture), RP (Residential Professional), and R-2 (One and Two Family Dwelling) to R-3A (Multi-Family) for property located on the east side of Lake Howell Road, south of Lake Howell Lane, as described in the proof of publication, Beazer Homes, with staff 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 UC (University Community) to PUD (Planned Unit Development) for property located on the north side of West Palm Valley Drive and west of Alafaya Trail, Harling Locklin & Associates, received and filed.

Mr. Fisher gave an overview of the request and site analysis, advising the site is located along the Econ River and the Code requires a minimum setback of 550’ from the river’s edge. The Preliminary Master Plan indicates compliance with this requirement. He also advised the applicant’s request for 18 dwelling units per acre is considerably more intense than the 10 dwelling units per acre approved in Hunter’s Landing PUD located to the east and southeast, the 4.08 dwelling units per acre approved in Kingston Oaks PUD located to the south, and the 3.34 dwelling units per acre approved in Riverwalk PUD located to the southwest. Additionally, the proposed density does not provide transition from the less intense multi-family in Hunter’s landing to the single family in Kingston Oaks and Riverwalk. Furthermore, the applicant is requesting building setbacks of 25’ from West Palm Valley Drive and 15’ from the east and west boundary lines. In a conventional multi-family zoning, the required setback for two-story townhouses is 35’ from any boundary of the project. Due to the proposed density being considerably higher than that of the surrounding uses, the lack of transition from the multi-family to the single-family, and the reduced building setbacks, staff does not feel the proposed request is compatible with surrounding development.

Mr. Fisher stated 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 Comp Plan and the Seminole County Land Development Code; (2) The request would not 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 opposes the adoption of an ordinance rezoning the subject property from UC to PUD to allow multi-family at 18 dwelling units per acre with reduced setbacks.

Upon inquiry by Commissioner Maloy, Mr. Fisher advised staff feels the density should be 12 to 13 units per acre.

Hugh Harling, representing the developer, addressed the Board to advise since the P & Z hearing, they have agreed to reduce the density to 20 units per acre and increase the setback from 15 feet to 20 feet. He stated they will also add a six-foot brick wall to be the same type of brick as used at the entrance of Riverwalk, and will add 4 ½ inch caliper oak trees on both sides of the wall for buffering along Palm Valley Drive. He discussed the surrounding densities and stated he feels the proposed density is a transition. He displayed large plats (received & filed) of the property and proposed project. He submitted for the Record photographs of what people will see from the driveway they will be entering.

Chairman Henley advised of Written Comment Form (received & filed) from Robert Karas of 452 Wilmington Circle in support of the request.

Wendy Andary, 640 West Palm Valley, addressed the Board to advise she is representing the Riverwalk homeowners who oppose the requested rezoning. She stated that 550 feet from the Econ River is too close. She said there is already stormwater run-off and flooding problems, and feels these townhouses will increase the problems. She also expressed her concern with cut-through traffic and asked that the Board reject the rezoning.

Phillip Ratliff, 3701 Savannah Loop, addressed the Board to advise he lives on Lot 115, which is the closest lot to the proposed development and the one most affected. He said he feels the density is inconsistent with the Riverwalk development and is concerned with his loss of privacy because of the two-story townhouses.

Brian Kemmerer, 3850 Kingston Oaks Cove, addressed the Board to speak in opposition of the rezoning.

At the request of Chairman Henley, Mr. Harling discussed the potential flooding issue. Mr. Harling advised the flood study adopted by FEMA shows a flood elevation of approximately 39 feet and everything they are proposing is above that elevation.

Speaker Comment Forms were received and filed.

No one else spoke in support or in opposition.

District Commissioner Maloy stated there are some high intensity uses under the current UC zoning; and he feels the duplexes would be a lower use than some of the UC permitted uses.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve request, by Ordinance #98-52, as shown on page _______, to rezone from UC (University Community) to PUD (Planned Unit Development) for property located on the north side of West Palm Valley Drive and west of Alafaya Trail, as described in the proof of publication, Harling Locklin & Associates, with the revised lower density of 20 feet and with the additional commitments proposed by the developer’s representative (brick wall, buffering and trees); and to approve Development Order, as shown on page _______.

Under discussion and upon inquiry by Commissioner McLain, Mr. Fisher advised that UC is no longer a permitted use.

Commissioner McLain stated he feels the District Commissioner made a good point with regard to the UC uses.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a Land Development Code Amendment amending the Planned Unit Development Zoning Regulations, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to advise the proposed ordinance addresses issues relative to the regulation of temporary agricultural uses within the unincorporated portions of Seminole County. He further advised the P & Z/LPA reviewed the proposed ordinance and recommended the following: (1) The temporary agricultural uses need not be existing at the time of zoning action on the subject property; (2) Found that the proposed temporary agricultural uses were appropriate; (3) The temporary agricultural uses could continue until each phase of development received plat or site plan approval; and (4) Found that the proposed ordinance was consistent with the Comp Plan.

Mr. Dwyer stated this is the first of two public hearings for consideration of this ordinance. The second hearing will be held on December 8, 1998.

Mike Hattaway, 840 Waterway Place, addressed the Board to briefly speak in support of the ordinance.

Allan Goldberg, 706 Turnbull Ave. #102, addressed the Board to advise he is in support of the ordinance.

Speaker Comments Forms were received and filed.

No one else spoke in support or in opposition.

The Chairman announced that the second public hearing on this item will be on December 8, 1998 at 7:00 p.m.

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance for determining compatible residential zonings in Low Density Residential Land Uses, received and filed.

Mr. Fisher advised the standards contained in the ordinance are based on methods contained in the "Determining Single-Family Residential Compatibility" report which was developed during meetings with staff and the Home Builders Association. The standards provide the following benefits: (1) Developers will have reasonable assurances of an expected zoning prior to entering into contracts for purchase; (2) Homeowners and homebuyers can have reasonable assurance of the intensity of development to be expected in the future surrounding a particular piece of property; (3) Appraisers are provided a method to evaluate trends of development for an area without the necessity of visiting the Zoning Division; (4) The public hearing process is expedited; and (5) All participants in the rezoning process are provided with a simple method to determine compatibility that removes a great deal of the subjectivity.

Mr. Fisher further advised that the P & Z unanimously recommended the adoption of the ordinance. However, they requested staff to advise the Board that they were concerned that the creation of standards for determining compatible zonings would reduce the Board’s flexibility in making rezoning decisions. He stated staff recommends the adoption of the ordinance.

Allan Goldberg, 706 Turnbull Avenue #102, stated, as Chairman of the Development Advisory Board, he is in support of the proposed ordinance.

Edmund Hampden, 604 S. Lake Sybela Drive, addressed the Board to state as Chairman of the Task Force for the HBA, he is strongly in favor of the proposed ordinance.

Speaker Comment Forms were received and filed.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #98-53, as shown on page _________, determining compatible residential zonings in Low Density Residential Land Uses, as described in the proof of publication.

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

Seminole Community College Final Master Plan for property located on the southeast corner of Lockwood Boulevard and Old Lockwood Road was presented for consideration.

Chairman Henley advised this item is not a public hearing; however notices were mailed to the area residents as a courtesy. He stated this is a technical review only to ascertain that the college has complied with the Development Order. He added that no public comments will be taken. He further advised that Speaker Request Forms from Charles Wert, Valerie El-Jamiz and Robert Sloane indicate they are in support of the request. A Written Comment Form from Robert Karas was received also in support. He stated a Speaker Request Form from John Collins indicates he is in opposition and a Form from Debra Bradford indicates she is concerned about fencing and foliage along her property. A Speaker Request Form was also received from Robert Hutchinson. All Speaker Request Forms and Written Comment Forms were received and filed.

Mr. Fisher advised on April 28, 1998, the BCC approved a rezoning of the subject property to PUD allowing for a community college and its ancillary uses. The rezoning was approved subject to several conditions and the proposed Final Master Plan and Developer’s Agreement reflects those conditions with the exception of one minor modification. The rezoning approval states that any changes in the location of the campus buildings as depicted on the Preliminary Master Plan shall be reviewed by the BCC. The exact locations of the buildings have shifted as a result of finalizing the layout of the site. He said staff does not object to the modification and would recommend approval of the Final Master Plan and Developer’s Commitment Agreement as proposed. He identified a change to the Developer’s Commitment Agreement on Page 7, Paragraph 2, which will read, "Additional retention may be required onsite during the actual site plan review process." A revised Agreement and a Final Master Plan were received and filed.

Upon inquiry by District Commissioner Maloy, Development Review Engineer, Mahmoud Haida, addressed the Board to advise the 30-inch pipe as well as the drainage will be reviewed in detail during the site plan review process. He stated the pipe is not adequate to handle all the run-off from the site and that is why staff is requesting the developer to address easements to retain the stormwater onsite.

Mr. Fisher advised the college has agreed to the easements.

District Commissioner Maloy stated he has heard conflicting comments with regard to a possible violation on the property. Whereupon, Mr. Fisher advised staff has not found any violation on the property.

Mr. Haida advised staff will be working closely with St. John’s River Water District with regard to this project as there are obviously a lot of wetlands on the site.

Commissioner Maloy stated he would like an additional condition put on that the Board will review the final site plan.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Seminole Community College Final Master Plan and Developer’s Commitment Agreement, as shown on page _________, and to direct that the Final Site Plan will be brought back to the Board for review.

Under discussion, Commissioner Van Der Weide stated that under the current procedure, plans are brought back to the district commissioner and, if necessary, the district commissioner can then bring the plan before the Board for review. Whereupon, Mr. Fisher confirmed this is the procedure in place currently.

Commissioner Maloy revised his motion by deleting the direction to bring the final site plan back for the Board’s approval. Commissioner Van Der Weide concurred with the revision.

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

Chairman Henley advised staff is requesting the Board delay discussion on the proposed bilateral settlement of administrative proceeding relating to the Battle Ridge Comprehensive Plan Amendment until all respective parties have been notified. Whereupon, Mr. Kaiser advised staff will bring this back December 8, 1998.

Mr. Dwyer presented request for expanded RP use and site plan for Kendall Ceramics, Inc., for property located on the west side of Old Howell Branch Road, north of Aloma Avenue (SR 426). He advised the applicant is requesting to add a 19’ x 23’ conference room, an 11’ x 15’ patio and a 12’ x 15’ screen room to the original structure that is being utilized as a dental lab. These improvements are for the employees of the dental lab and are not designed for additional customers. The dental lab is not open to the public and does not entertain customer traffic. He explained that when a special use in a RP zoning classification is changed or the approved site plan is changed, the request must be reviewed by P & Z and the BCC. He added that the P & Z had no objections to the requested additions to the structure. The staff also has no objections to the request.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve expansion of structure for an existing RP use and approval of the Revised Site Plan for a dental lab located at 5150 Old Howell Branch Road, Kendall Ceramics, Inc.

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

Senior Planner Gary Schindler, addressed the Board to present the Preliminary Subdivision Plan of Antigua Pointe, located on the west side of Tuskawilla, south of Red Bug Lake Road, Mark Crone, The Kingston Group.

Motion by Commissioner Maloy, seconded by Commissioner McLain to approve the Preliminary Subdivision Plan for Antigua Pointe Subdivision, Mark Crone, The Kingston Group.

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

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Mr. Schindler presented the Preliminary Subdivision Plan for Slade Shore, located on the north side of Bear Gully Lake Road, west of Tuskawilla, John Slade.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Slade Shore, John Slade, with staff recommendations.

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

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Planner, Cynthia Sweet, addressed the Board to present request for Site Plan Approval for Middle School "CC" Lockwood Middle, located on the east side of Lockwood Boulevard, ¼ mile north of McCulloch Road, Seminole County School Board.

Diane Kramer, representing the School Board, addressed the Board to briefly discuss the project.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve Site Plan for Middle School "CC" Lockwood Middle for the Seminole County School Board.

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

Chairman Henley advised he is in the process of reviewing committee assignments and will be distributing the list soon for Commissioners’ review. He added any changes that may occur are not because of dissatisfaction.

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The Chairman suggested moving the invocation and pledge of allegiance to the morning BCC session. The Board voiced no objections to same.

He also stated that from now on under district commissioners’ reports, any item requesting a motion, should be placed on the agenda rather than coming up from the floor. He said this will give the staff an opportunity to prepare for any questions and will notice the public that the item will be discussed.

Commissioner Morris stated, in general, that is a good idea; but, he would think a motion for a future action should be permissible. Whereupon, Chairman Henley stated that is the intent, and the Board will also be open if there is an emergency situation.

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

1. Letter dated 11/2/98 from Lennon Moore, FDOT Planning Manager, to the Chairman re: FDOT Tentative Five-year Work Program public meetings. (cc: BCC, CM, DCM, Co Engineer, Comp Planning)

 

2. Copy of fax dated 11/5/98 to Orange County Transportation Coalition from Richard Spees re: FY 1999 Appropriations Activities. (cc: BCC, CM, DCM, Comp Planning)

 

3. Letter dated 11/2/98 to Commissioner McLain from R. Duke Woodson re: Katie’s Wekiva River Landing sale to Seminole County. (cc: BCC, CM, Comp Planning, Russ & Katie Moncrief)

 

4. Copy of letter dated 11/4/98 to Thomas Lochrane, Lochrane Engineering, from Jerry McCollum, County Engineer re: Recommended Modifications to Standard CEI Scope of Services Contract Seminole County. (cc: BCC, CM, DCM, Assistant Co Attorney, Purchasing Manager, Principal Engineer/Construction Mgmt)

 

5. Fax dated 11/6/98 to Curtis Austin, Enterprise Florida, from Raymond Gilley Chairman, Central Florida Jobs & Education Partnership re: status of CFJEP in Central Florida. (cc: BCC, CM, DCM, HR)

 

6. Copy of fax dated 11/6/98 to Mack McReynolds from Tracy Grygiel, EDC of Mid Florida re: resignation of Bill Blackburn from Seminole County Industrial Development Authority. (cc: BCC, CM, DCM, Deborah Collett)

 

7. Fax dated 11/6/98 from Larry Furlong, Seminole County School Board, re: 4^th Grade video club. (cc: BCC, CM, DCM, Community Information)

 

8. Notice of Community Services Block Grant Advisory Board meeting rescheduled to 11/17/98. (cc: BCC, CM, DCM)

 

9. Copy of letter dated 11/6/98 to Charles Gautier, Fla Dept of Community Affairs, from Robert Chewning re: Wekiva River Protection Area. (cc: BCC, Editor-The Orlando Sentinel)

 

10. Copy of letter dated 10/21/98 to Charles Gautier, Fla Dept. of Community Affairs, from Lonnie Groot, Deputy Attorney, re: Wekiva River Plan Amendment. (cc: BCC, CM, DCM, Planning & Dev. Director, Comp Planning, Hugh Harling, Ken Wright, Stuart Buchanan, Allan Keen)

 

11. Copy of letter dated 10/21/98 to Charles Gautier, Fla Dept of Community Affairs, from Lonnie Groot, Deputy Attorney, re: Time for Transmittal of Chuluota Small Area Study. (cc: BCC, CM, DCM, Planning & Dev Director, Comp. Planning)

 

12. Memorandum dated 11/6/98 (with attached letter from Attorney Trees) from Lonnie Groot, Deputy Co Attorney, to BCC re: Assertion by Attorney Trees relating to Bert Harris Act; Public Decency Ordinance. (cc: CM, DCM)

 

13. Memorandum dated 11/6/98 (with attached letter from Frederick H. Nelson, President, American Liberties Institute) from Lonnie Groot, Deputy Co. Attorney, to BCC re: Potential Legal actions relating to Public Decency Ordinance; Legal Representation. (cc: CM, DCM)

 

14. Copy of letter dated 11/10/98 to Lawrence Walters, Esquire, Wasserman & Walters, from Lonnie Groot, Deputy Co. Attorney, re: Public Records Request of November 9, 1998. (cc: BCC, CM, DCM, Sheriff Legal Counsel, Records)

 

15. Parks/Recreation Contracts, as shown on page __________, for JoAnn Harkins, Dawn A. Rowland, Kenneth R. Rowland, Douglas Galullo.

 

16. Copy of letter dated 11/10/98 to Harry Buffkin, Jr., from Lonnie Groot, Deputy Co. Attorney, re: Letter of October 29, 1998 to Commissioner Morris. (cc: BCC, CM, DCM, Rick Nelson)

 

17. Notice of Meeting No. 6, Water Supply Planning Work, November 24, 1998 from Barbara Vergara, P.G., Director, SJRWMD.

 

18. Copy of letter dated 11/9/98 to Charles Gautier, Fla Dept. of Community Affairs, from Edward Garland, re: Wekiva River Protection Act. (cc: BCC, CM, DCM)

 

19. Letter undated from Tanya McShane to Commissioners re: Bald eagle population.

 

20. Letter dated 11/9/98 from Helena Bunda to Commissioners re: Florida Green Turtle population.

 

21. Facsimiles received 11/16/98 to Commissioner Maloy re: Opposition to River Walk development from the following residents: Charlotte Nielson, Michael & Deborah Alsup, Ken Novick, M.D., Eugene Cowan, Edward Collins, Eugene Pickler, Ellen Miller, Jeannine Ratliff, Heather Ratliff and Phillip Ratliff, Mike & Karol Cline, Debi Nahigyan. (cc: BCC, CM, Current Planning)

 

22. Copy of letter to Senator Jennings and Representative Starks from Michael & Deborah Alsup re: Opposition to River Walk development. (cc: BCC)

 

23. Copy of letter dated 11/10/98 to Charles Gautier, Fla Dept of Community Affairs, from Lonnie Groot, Deputy Co. Attorney, re: Time for Transmittal of Chuluota Small Area Study. (cc: BCC, CM, DCM, Planning & Dev Director, Comp Planning)

 

24. Copy of letter dated 11/10/98 to Charles Gautier, Fla Dept. of Community Affairs, from Lonnie Groot, Deputy Co. Attorney, re: Wekiva River Plan Amendments. (cc: BCC, CM, DCM, Planning & Dev. Director, Comp Planning, Hugh Harling, Ken Wright, Stuart Buchanan, Allan Keen)

 

25. Memorandum dated 11/12/98 to BCC from Chairman Morris re: rescheduling of 11/16/98 billboard work session. (cc: CM, DCM, Attorney, Current Planning)

 

26. Copy of letter dated 11/12/98 (with attached proof of publication) to Lawrence Walters, Esquire, Wasserman & Walters, from Lonnie Groot, Deputy Co. Attorney, re: Letter of 11/9/98. (cc: BCC, CM, DCM, Planning & Dev. Director, Andy Brumby, Rick Nelson)

 

27. Copy of minutes from Building Contractors Licensing Board meeting held 5/19/98. (cc: BCC)

 

28. Memorandum dated 11/13/98 (with attachment) to Commissioner Maloy from Cindy Hall, Director, Fiscal Services, re: Request for local option gas distribution. (cc: BCC, CM, DCM)

 

29. Letter dated 11/10/98 to Chairman from Darrell Kelly, President, MetroPlan transmitting the October Monthly activity. (cc: BCC)

 

30. Letter dated 11/10/98 to Gary Kaiser, Co. Manager, from Samelia King, Director of Appointments, re: reappointment of Larry Blair to the Seminole County Housing Authority. (cc: BCC, CDBG)

 

31. Letter dated 11/13/98 to Mr. & Mrs. Mark Candela from Chairman re: East Osceola Road. (cc: BCC, CM, Roads Manager, MSBU, District V Team Leader)

 

32. Copy of letter dated 11/10/98 to Duke Woodson, Esquire, Foley & Lardner, from Lonnie Groot, Deputy Co. Attorney, re: Katie’s Landing. (cc: BCC, CM, DCM, Planning & Dev. Director, Comp Planning, Steve Triece)

 

33. Notice and agenda of 11/16/98 City of Oviedo meeting. (cc: BCC, CM, DCM)

 

34. Notice of Seminole County Port Authority meeting 11/10/98. (cc: BCC, CM, DCM)

 

35. Letter dated 11/5/98 from Alex Amparo, Director of Scheduling, re: Regrets to attend Sheriff’s Office & Public Safety Building dedication service. (cc: BCC, CM, DCM, Sheriff, Public Safety)

 

36. Letter dated 11/9/98 to Chairman from Mayor Larry Dale, City of Sanford, re: Thank you for supporting St. Johns River Bridge replacement project. (cc: BCC, CM, DCM, Co. Engineer, Current Planning)

 

37. Letter dated 11/12/98 (with attached notice to BLPA Board Members and correspondence to Commissioners dated 10/2/98 and 10/18/98) to Chairman from Michael Ison, Secretary, Bear Lake Preservation Association, re: No Wake/Idle Speed Buoys. (cc: BCC, CM, DCM, Attorney, Current Planning)

 

38. Copy of letter dated 11/13/98 to Charles Gautier, Fla Dept. of Community Affairs, from Lonnie Groot, Deputy Co. Attorney, re: Transmittal of Chuluota Small Area Study. (cc: BCC. Cm, DCM, Planning & Dev. Director, Comp Planning)

 

39. Copy of letter dated 11/13/98 (with attached resolution) to Donna McIntosh, Esquire, from Lonnie Groot, Deputy Co. Attorney re: County Resolution No. 98-R-249. (cc: BCC, CM, DCM, Planning & Dev. Director, Sheriff Dept.)

 

40. Minutes from 10/8/98 Tourist Development Council meeting.

 

41. Fax dated 11/16/98 (with attached analysis of Revision 12) to County Commissioners from Lee Killinger, FAC Legislative Counsel re: Revision 12 – Gun Control.

 

42. Letter dated 11/16/98 (with attached Rural Economic & Community Development) to Chairman from Brenda Bryant, Community Development Manager, US Department of Agriculture, re: Summary of Services provided by Agency. (cc: BCC)

 

43. Letter dated 11/16/98 to Albert Gregory, Fla. Dept. of Environmental Protection from Lonnie Groot, Deputy Co. Attorney, re: Katie’s Landing. (cc: BCC, CM, DCM)

 

44. Letter dated 11/16/98 to Mayor Bruce Pronovost, City of Casselberry, from Chairman re: Redevelopment activities along US 17-92. (cc: BCC, Casselberry City Commission, Jack Schluckebier, CM, Comp Planning/CRA)

 

45. Letter dated 11/17/98 to BCC from Bernard B. & Estelle A. Hurwitch re: Opposition to special event permit for Big Oaks Ranch. (cc: CM, Current Planning)

 

46. E-mail dated 11/23/98 to BCC from James L. Valin, President, Chula Vista Homeowners Association, re: Opposition to Big Oaks Ranch special event permit. (cc: CM, Current Planning)

 

47. Letter dated 11/20/98 to BCC from Regina Bereswill & Valerie El-Jamil re: Proposed Stipulation & Settlement Agreement. (cc: CM, DCM, Comp Planning, Co. Attorney, Dev. Review)

 

48. Memorandum dated 11/23/98 to County Manager, BCC, & Department Directors from Michael Ertel, Community Information Program Manager re: Awards received at Fla. Government Communicators Association meeting. (cc: Comp. Planning, Community Information, Human Resources)

 

49. Fax dated 11/21/98 to Commissioner Maloy from Susan Eberle re: Community College Final Master Plan. (cc: BCC, CM, Current Planning)

 

50. Facsimiles to Commissioner Maloy from Joseph & Joyce Montgomery, resident at 658 W. Palm Valley Drive (signature unreadable), John & Lorna Hallel, Janet & Gerard DeBelles, Debra Schuchart, Peggy Stiger, John C. Barnett, Dr. Richard Huseman, re: Opposition to River Walk development. (cc: BCC, CM, Current Planning)

 

51. Fax dated 11/23/98 to BCC from Peggy Green (Big Oaks Ranch) describing activities at Ranch, letters of support. (cc: CM, Current Planning)

 

52. E-mail dated 11/19/98 to BCC from Thomas Holland re: Opposition to Big Oaks Ranch special event permit. (cc: CM, Current Planning)

 

53. Letter from Melissa Burgess re: Request to save manatees. (cc: BCC, CM, Comp. Planning)

 

54. Memorandum dated 11/17/98 (with attached letter from Tony Tizzio) to BCC from Frances Chandler, Planning & Dev Director, re: Seminole County Disability Advisory Council. (cc: CM)

 

55. Fax dated 11/18/98 to Commissioners from Susan Eberle re: Opposition to River Walk development. (cc: CM, Current Planning)

 

56. Fax of remarks to Orange County Commissioner’s Meeting of 6/23/98 from Susan Eberle re: Opposition to Spanos Corporation Apartments. (cc: BCC, CM, Current Planning)

 

57. Letter to Chairman from Tony Tizzio re: Suggestions for Appointments to Disability Advisory Council. (cc: BCC, Planning & Dev. Director)

 

58. E-mail dated 11/17/98 to Commissioners from Thomas & Laura Callin re: Opposition to special event permit for Big Oaks Ranch. (cc: CM, Current Planning)

 

59. Copy of memorandum dated 11/18/98 (with attached 10/14/98 memo to BCC from Cindy Hall) to Commissioner Van Der Weide from Cindy Hall, Director Fiscal Services, re: Budget Transfer Policy. (cc: BCC, CM)

 

60. Memorandum dated 11/17/98 (with attached report) to BCC from David Medley, Manager, Community Assistance Division, transmitting FY 97/98 Fourth Quarter Community Service Agency Report. (cc: CM, DCM, Comm. Assistance Director, OMB Analyst)

 

61. E-mail dated 11/18/98 to Commissioner Henley from Carlton Evans re: Opposition to special events permit for Big Oaks Ranch. (cc: BCC, CM, Current Planning)

 

62. Copy of letter dated 11/9/98 (with attached 10/20/98 letter to Kelly Loll) to Sharon Self, Greater Seminole Chamber of Commerce Program Coordinator, from Kelly Loll, Purchasing Manager, re: Protest for RFP-448-98/BJC, Homeownership Pre and Post Counseling and Education Activity. (cc: BCC, Steve Chitwood-HANDS, CDBG)

 

63. Copy of letter dated 11/13/98 to Antoine Khoury, Engineering, from Ruth Grady, Engineer, SJRWMD, re: McCulloch Road Paving; Application No. 42-117-1291ANG-ERP. (cc: BCC, CM, Stormwater, PDS/RAIL-Joan Budzynski)

 

64. Fax dated 11/20/98 (with attachment) to Commissioners from Susan Eberle re: Newspaper article from Oviedo Voice re: River Walk development. (cc: CM, Current Planning)

 

64. Memorandum dated 11/17/98 to BCC from Henry Brown, Assistant Co. Attorney, re: Seminole County v. Boyle Investment Company, et al.

 

65. Letter dated 11/18/98 (with attached agreements "L" and "M") to Chairman from Cindy Gennell, Deputy Mayor, City of Winter Springs, re: Bulk water service agreement for Sun Lake PUD. (cc: BCC, CM, DCM, Env. Services)

 

66. Copy of certified letter dated 11/19/98 to David Wasserman, Wasserman & Walters, from Lonnie Groot, Deputy Co. Attorney, re: Response to letter of 11/17/98 to the Supervisor of Elections; Public Records request. (cc: BCC, Supervisor of Elections, CM, DCM, Andy Brumby, Rick Nelson)

 

67. Fax dated 11/20/98 to Commissioners from Charles & Thea Kersch, re: Opposition to River Walk development. (CM, Current Planning)

 

68. Memorandum dated 11/19/98 to BCC from Cindy Matheny, Current Planning, re: Spring 1999 Large Scale Comprehensive Plan Amendment Cycle. (cc: Planning & Zoning Comm, CM, DCM, Planning & Dev Director, Comp Planning Mgr., Dev. Review Mgr.)

 

69. Copy of letter dated 11/9/98 to Ellen Thomas from Public Safety re: Appreciation for contribution.

 

70. Copy of letter dated 11/9/98 to Resident at 1095 Allendale Drive, from Public Safety re: Appreciation for contribution.

 

71. Copy of letter dated 11/13/98 to Joel Kane, Jackson Heights Middle School, from Public Safety re: Contribution of Animal Shelter supplies.

 

72. Copy of fax dated 11/18/98 to Commissioner Maloy from Anthony & Donna Rolland, re: Opposition to River Walk development. (cc: BCC, CM, Current Planning)

 

73. Copy of fax dated 11/19/98 to Commissioner Maloy from John C. Eberle, re: Opposition to River Walk development. (cc: BCC, CM, Current Planning)

 

74. Copy of letter of appreciation dated 11/13/98 to Richard Weese from J. Suzy Goldman, Director, Library & Leisure Services. (cc: BCC)

 

75. Letter dated 11/12/98 to Chairman from George Rice, State Safety Engineer, FDOT, re: Neighborhood Traffic Mitigation Project. (cc: BCC, CM, DCM, Traffic)

 

76. Letter dated 11/6/98 (with attached monitoring report) to Chairman from Lean A. Price, Administrator, Community Assistance Section, Dept. of Community Affairs, re: Community Services Block Grant. (cc: BCC, CM, DCM, Community Services Director)

 

77. Fax dated 11/13/98 to Chairman from Thomas O’Connell, International Consulting Services, re: Resignation from Sanford Aviation Noise Abatement Committee and recommendation of Jack Taylor (resume attached). (cc: BCC, CM, DCM)

 

78. Letter dated 10/19/98 (with attachment) to Chairman from Thelma McPherson, City Clerk, City of Casselberry, re: Ordinance #98-916, Annexation of Ebaugh-Breen Property. (cc: BCC, CM, DCM, Planning & Dev. Director)

 

79. Meeting notice for Stormwater Working Group meeting 12/2/98 from Nancy Christman, Intergovernmental Coordinator, SJRWMD.

 

80. Fax dated 11/18/98 to Commissioners from Susan Eberle, re: River Wind Apartments. (cc: BCC, CM, Current Planning)

Commissioner Van Der Weide briefly discussed letter from Deputy County Attorney, Lonnie Groot, to Albert Gregory in Tallahassee concerning Katie’s Landing.

Planning & Development Director, Frances Chandler, addressed the Board to clarify that staff is requesting access to the State’s file on Katie’s Landing.

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The Chairman clarified the following terms of Disability Advisory Committee Appointments: Chris Drummond and Sharon Rousey (District 1) – 2-year terms; Tony Tizzio and Dorren Kirk (District 3) – 2-year terms.

Commissioner McLain appointed Bill Poe and Russ White to the Disability Advisory Committee for two-year terms.

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Commissioner Maloy discussed with the Board MetroLife Church’s protest of road impact fee assessment (copy of letter from Claude Chew was received and filed).

County Attorney, Robert McMillan, advised the church can appeal the requirement of impact fees. The first appeal is to the County Engineer.

The Board directed staff to advise the church of the appeal process.

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Commissioner Maloy stated he feels it is prudent to contact the American Center for Law and Justice to see if they would be interested in assisting the American Liberty Institute in defending the County’s Public Decency Ordinance. He said he would also like to see if they would be interested in assuming the role of primary legal counsel with regard to pending lawsuits and making recommendations with regard to the County’s Adult Entertainment Code.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to direct the staff to inquire as to whether the American Center for Law and Justice would be willing to assist Frederick Nelson of the American Liberty Institute in defending the County with regard to the Public Decency Ordinance.

Under discussion, Commissioner Van Der Weide stated he believes this will give the County the depth they need by having these two agencies working together.

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

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Motion by Commissioner Maloy to direct staff to contact the American Center for Law and Justice to see if they have an interest in assuming the role of primary legal counsel (pro bono) with regard to adult entertainment lawsuits and to make recommendations to the County’s Adult Entertainment Code.

Commissioner Morris stated this motion is quite surprising to him because there are a series of lawsuits and appeals which have been handled and are going through their final phase in the District Court of Appeals. He said he does not believe in changing horses when they are coming to the finish line. He expressed his concern with confusing the issues.

Commissioner Maloy stated the motion is to ask if they would be interested, especially with the amount of legal costs accumulating.

Chairman Henley requested Commissioner Maloy agenda this item and directed staff to brief the Board on the consequences of such an action. He said he is interested in hearing the ramifications of "changing horses in the middle of the stream". Whereupon, Commissioners Morris and McLain concurred.

Commissioner Maloy requested staff to include the current expenses and an estimate of future expenses.

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Commissioner Morris appointed Verdell Pugh and Pam Clark to the Disability Advisory Committee for 4-year terms.

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Commissioner Morris requested a resolution be drafted for the December 8, 1998 Board meeting in support of Governor-elect Bush’s initiatives in improving education. The Board voiced no objections to same.

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Chairman Henley advised that an item, "Committee Reports" will be inserted in the future BCC agendas so that Commissioners can brief the Board on meetings they have attended.

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Commissioner Maloy advised of the Calno meeting scheduled on December 2, 1998 in the BCC Conference Room 3024. He stated Dr. Stanley Marshall, Chairman of the James Madison Institute and former President of Florida State University will be the guest speaker.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:00 p.m., this same date.

ATTEST:_____________________Clerk_____________________Chairman

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