BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

APRIL 11, 2000

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, April 11, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

ABSENT: Commissioner Dick Van Der Weide (District 3)

 

Pastor Bruce Scott, 1st Presbyterian Church, Sanford, gave the Invocation.

Commissioner McLain led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

Economic Development Director, Bob Turk, addressed the Board to introduce Mike Cooney of NorTeam.

Mike Cooney, NorTeam, Inc., addressed the Board to introduce Bjorn Gustav Nielsen of Norway, advising he is visiting Seminole County to review economic development in the hopes of changing Norway's old established industry into something that is more modern and aggressive.

Chairman Henley stated he hopes what Mr. Nielsen observes will be of benefit to him and his country.

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The Chairman advised that the Resolution recognizing Harry Hagle will be presented at the April 25, 2000 meeting.

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The Chairman announced that The Ryland Group (applicant) has asked for a continuance with regard to Item #57, Request to rezone from A-1 to R-1A, until April 25, 2000. He said that if the Board consents to this continuance, staff can notify as many interested people as possible of same. Copy of letter regarding continuance was received & filed.

District Commissioner Morris stated he has no objection to the request. However, the late notice of the continuance gives him pause.

The Board, by unanimous consensus, agreed to grant the continuance at this evening's meeting.

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Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-75, as shown on page ________, proclaiming the week of April 24 - 30, 2000 as "National Community Development Week" in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to CDBG Planner, Buddy Balagia, who addressed the Board to express his appreciation and introduce his staff.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-76, as shown on page ________, designating April 22, 2000 as "Earth Day" in Seminole County.

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Environmental Services Director, Bob Adolphe, Solid Waste Manager, Dave Gregory, and Ruth Lala. Mr. Adolphe addressed the Board to express his appreciation.

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County Finance Director, Bob Wilson, addressed the Board to present the Comprehensive Annual Financial Report for Fiscal Year ended September 30, 1999 (copy was received & filed). He stated the financial statements do represent the County's operations. He noted there is a lot of information in the report and it includes the Constitutional Officers. He introduced Ron Conrad of Deloitte & Touche.

Ron Conrad, Deloitte & Touche, addressed the Board to express his appreciation to the Board for allowing his firm to perform the audit for the County and to the staff of Bob Wilson for their hard work. He gave a slide presentation, advising their opinions are clean and unqualified. There are no material compliance errors and no material weaknesses noted. He briefly reviewed slides as follows: General Fund Operations, Fund Balance, Government Revenue by Source, Government Expenditures by Function, Overview of Water & Sewer Operations, and Overview of Solid Waste.

Chairman Henley stated it would be helpful to him if important points were highlighted in the report. He asked Mr. Conrad to elaborate on the statement concerning the Port Authority and the proper segregation of duties. Whereupon, Mr. Conrad advised that is included in a separate report which they did not issue.

Mr. Wilson advised the Port Authority has been included in the report by another County firm that audited them.

Chairman Henley commented that he would appreciate the "meat" of the report to be in bold print.

Mr. Wilson stated the first 81 pages tell the Board what they need to know. Mr. Conrad also stated that in putting this report together, they are governed by professional standards.

Commissioner Morris stated that this report was done by an independent auditor, who has said that there have been five straight years of continuing financial improvement for the County. He said he just wishes this presentation could be made to the Charter Review Commission members. He suggested the report be made available to them.

The Chairman expressed the Board's appreciation and thanks for the report.

COUNTY ATTORNEY'S REPORT

Consent Agenda

County Attorney, Robert McMillan, advised of add-on Item #9B, request for acceptance of Assignment of Entitlement with regard to the Pebbles-Springside II property.

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

Litigation

5. Authorization to defend lawsuit of Emilio Cirelli, Kelly E. Scofield and William J. Benson, as trustee for Jeromarli Trust v. County of Seminole, Planning and Development Department, Building Department, Bill Suber, as Seminole County Tax Appraiser and Ray Valdes as Seminole County Tax Collector. The Plaintiffs seek a court order mandating the issuance of a building permit for the subject property or, in the alternative, a judicial declaration voiding the tax deed obtained on the subject parcel.

6. Proposed settlement relating to Parcel Numbers 112 and 712 of the County Road 427, Phase III road improvement project located 135 West Jessup Avenue, Longwood, in the amount of $17,000.00, inclusive of attorneys’ fees and expert costs, Teague Family Trust, under the Agreement dated February 17, 1995, Allen R. and Sally Smedley Teague, Co-Trustees property.

7. Approve proposed settlement converting Parcel Number 125 of the Montgomery Road improvement project to a whole take of the Franco property; approve Purchase and Sale Agreement, as shown on page _______, of the remainder of the property from Seminole County to the City of Altamonte Springs. This conversion will accommodate the City of Altamonte Springs’ desire for the Franco remainder to improve access and expand the Altamonte Springs pump station at the Little Wekiva River. The total settlement inclusive of land, improvements, attorney’s fees and costs is $155,000.00, allocated $121,000.00 to the City of Altamonte Springs and $34,000.00, to Seminole County.

8. Approve proposed settlement relating to Parcel Numbers 126.4 and 726.4 of the Chuluota Bypass road improvement project located at 2601 Snow Hill Road, Chuluota, Florida, in the amount of $15,002.10, exclusive of attorneys’ fees and expert costs, David E. and Deborah Lee Lynn. Also, request prospective authorization to negotiate and settle liability for legal fees and expert costs up to $3,250.00.

 

Property Acquisition

9. Approve land exchange and related Joint Retention Pond Agreement, as shown on page _______, with Cahill Enterprises, Inc. The land exchange has been advertised in accordance with Section 125.37, Florida Statutes. The County is to give property owner 272.13 s.f. of unneeded property contiguous to property owner’s subdivision. The property owner is to give to the County 1.0409 acres of property for County retention purposes. The property owner is to maintain joint use retention pond in perpetuity. No County funds expended and attorney’s fees and expert costs are to be paid by the property owner.

9B. Chairman to execute Assignment of Entitlement, as shown on page ________, to enforce Developer's Agreement and grant of Easement for the City of Altamonte Springs with regard to the Pebbles-Springside II property.

Districts 1, 2, 4 and 5 voted AYE.

Information Items

Mr. McMillan advised the Fifth District Court of Appeals has upheld the County in their granting of a Special Exception for gasoline pumps, which was challenged by Tom Binford.

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Mr. McMillan advised the U.S. Supreme Court overturned the U.S. Court of Appeals' decision in the City of Erie case dealing with public nudity. He said this is a very favorable ruling for the County and their public nudity ordinance.

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Mr. McMillan advised the County has been sued by Circus Circus who is challenging the County's public nudity ordinance. Also, he stated the suit against the County brought by a dancer has been dismissed.

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Mr. McMillan requested direction with regard to the Sassy Merlot case. He stated Sassy Merlot has made an offer to settle with the County and is willing to drop all suits if the County allows them to operate as an adult book and video store and be grandfathered.

The Board, by unanimous consensus, rejected Sassy Merlot's offer.

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At the request of Commissioner Maloy, Mr. McMillan gave a brief update of the Mikler Road suit.

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Mr. McMillan advised the Board of the Code Enforcement Board case dealing with the Five-Points Bar. He said the property is currently in bankruptcy and the attorney that is acting as trustee for the bankruptcy is offering to settle the CEB lien for $10,000 or maybe more. He requested authorization from the Board to release the lien for any settlement in excess of $10,000.

Commissioner Morris stated he would not recommend the release of the lien as this property has a long history, which has affected the surrounding businesses and residents. He asked that the Board members receive a briefing on this case.

Legislative Issues

DCM, Cindy Coto, addressed the Board to advise proposed bill, SB 1904, contains a provision preventing local governments from regulating the continuing use of an agricultural operation in bona fide production of a farm product. She said this goes to the heart of County home rule power. She stated the bill appears to take away all local government authority; therefore, staff would recommend the Board oppose this.

Commissioner Morris stated this is just one of a series of legislation that goes to the heart of home rule. He agreed that the bill should be opposed.

Commissioner Maloy stated this does not seem like a big issue for Seminole County. He said he believes this is geared more to counties who are more agricultural than Seminole County. He said the farming interests are trying to protect the potential downzoning of their property.

Chairman Henley stated he would hope staff does their due diligence on any items that are an erosion of home rule.

The Board, by consensus, directed staff to send a letter to members of the Senate Natural Resources to request their support in opposing SB 1904.

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Ms. Coto gave a brief update on legislation dealing with the County's Revenue Sharing. She stated staff will continue to monitor and evaluate the long-term impact of this upon the County.

COUNTY MANAGER'S REPORT

Consent Agenda

The Board was advised that Item #27, Payment to Employee Benefits Cooperative, has been withdrawn from the agenda.

Discussion between Commissioner Maloy and County Engineer, Jerry McCollum, ensued with regard to Item #26, Award A/B-382-00/GG, Landscape Construction. Commissioner Maloy expressed his concern that 24 requests were sent out and only one response was received. He said he is not comfortable with awarding this and questions why only one bid was received.

Commissioner Morris discussed the City of Sarasota's road landscaping, advising they are using bigger canopy trees (which are easier to maintain) rather than smaller ornamental trees and landscaping. He requested staff look into this. Whereupon, Mr. Grace stated he will meet with Mr. McCollum and Mr. Marino and will report back to the Board on same.

Commissioner Maloy pulled Item #26 from the Consent Agenda for a separate vote.

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

Administrative Services

Risk Management

10. Approve Third Party Administrator (TPA) services with Gallagher Bassett Services, Inc. for the period of April 1, 2000 through September 30, 2001; and authorize Chairman to execute contract.

Community Services

Community Assistance

11. Approve continued participation in the Department of Community Affairs’ Byrne Drug Control Formula Grant Program; and authorize Chairman to execute Certificate of Participation, as shown on page ________.

Fiscal Services

Budget

12. BCR #00/76 - $638,000 Environmental Services/Water and Wastewater: Fund 40100 Water and Sewer Fund. Transfer funds to pay for development-related upsizing of water mains and force mains. Existing budget amounts have been depleted due to higher than expected development activity, countywide. Also, additional funds are needed for International Parkway North (Grantline Road) to pay for increasing the size of the water main and reclaimed line to 20", and for additional marginal construction inspection costs. These line sizes were bid as alternates and award of the project for construction will include alternates.

13. BCR #00/77 - $10,160 Library and Leisure Services/Parks and Recreation: Fund 00100 General Fund. Mowing and trash pickup responsibilities at the Five Points Complex have been turned over to the Facilities Maintenance Division from the Parks Division. This action transfers the budgeted funds for the remainder of the fiscal year.

14. BCR #00/78 - $2,844 Public Works/Roads: Fund 10101- County Transportation Trust Fund. To purchase a replacement radio using savings available from the purchase of pick-up truck.

15. BCR #00/79 - $6,248 – Public Works – Roads: Fund 10101 – County Transportation Trust Fund. Funding for the purchase of attachments to Gradall equipment was budgeted in an operating account line. This action moves funds into a capital account line.

16. Approve and authorize advertising and scheduling of a public hearing on April 25, 2000 at 1:30 p.m. for the Mid-year Budget Amendment for FY 1999/00. Staff requests authorization to advertise and hold a public hearing for the purpose of reconciling budgets of all funds to reflect actual cash balances brought forward from FY 1998/99 to FY 1999/00 as documented in the 1999 year-end CAFR.

Purchasing

17. Award FC-1102-00/BJC Contract, as shown on page ________, Dommerich Hills Subdivision Wall Construction project, to Elizabethan Construction Services, Longwood ($103,000.00).

18. Approve Amendment #10, as shown on page ________, to FC-317-95/BJC, HVAC Maintenance and Repair Agreement, with Carrier Corporation, Orlando (Clarification).

19. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, of FC-181-99/BJC, Amherst Subdivision Water Service Replacements, to Superior Asphalt of Central Florida, Mount Dora (Certificate of Completion).

20. Award A/B-387/JVP – FDEP Chemical Sampling to Flowers Chemical, Altamonte Springs, (Primary) and Harbor Branch Environmental Laboratory, Fort Pierce (Secondary) ($110,000.00).

21. Award RFP-483-00/GG Contract, as shown on page ________, Food Services and Vending Services for County Services, Courthouse & Public Safety Buildings to Toni’s Hot Dogs, Oviedo (Percentage of commissions received from sales).

22. Approve ranking list for PS-554-00/BJC – Construction Engineering and Inspection Services for Markham Woods Road and Wekiva Springs Road projects, and award an Agreement, as shown on page _______, to Parsons Brinckerhoff Construction Services, Orlando (Not-to-Exceed $350,000.00).

23. Approve Amendment #5, as shown on page ________, to PS-505-97/BJC – Consultant Design Services for Seminole Wekiva Trail, Sections 2 and 3, with Harding Lawson Associates (formerly known as Regional Engineers, Planners and Surveyors, Inc.), Orlando ($21,868.01) (Time Extension).

24. Approve Amendment #1, as shown on page ________, to RFP-469-99/BJC – Sludge Hauling Agreement, with T. Wayne Hill Trucking, Inc., Haines City (Not-to-Exceed $316,000.00).

25. Approve Amendment #2, as shown on page ________, to RFP-477-99/TLC – Collection Agency Services for Public Defender’s Office; Environmental Services Department/Utilities Division; Animal Control; and Library and Leisure Services Department, with Merchants Association Collection Division, Inc., Orlando (Add Language to the Agreement).

27. WITHDREW request for payment to Employee Benefits Cooperative, Middleton, Wisconsin for the third party administration (Not-to-Exceed $1,250.00).

28. Approve Amendment #4 to A/B-308-97/GG – Landscape Fine Cut Mowing, with The Bon Terre Group, ($4,610.00).

Planning & Development

Development Review

29. Adopt appropriate Resolution #2000-R-77, as shown on page _______, accepting Warranty Deed, as shown on page ________, and approve cancellation of property taxes for land donated as right-of-way for Airport Boulevard from Block B, A.F.G. Vegetable Tract from Adams Building Materials Properties Partnership.

30. Adopt appropriate Resolution #2000-R-78, as shown on page _________, accepting Warranty Deed, as shown on page ________, and approve cancellation of property taxes for land donated as right-of-way for East Lake Drive from Lot 5B, 4805 East Lake from Charles and Rita DeNave.

Planning

31. Request authorization to schedule and advertise public hearings to consider the enactment of an Ordinance creating the Wekiva River Protection – Seminole Estates Overlay Zoning Classification.

Public Safety

EMS/Fire/Rescue

32. Approve and authorize Chairman to execute Kawasaki Jet Ski Watercraft Loan Agreement, as shown on page _______.

Emergency Management

33. Approve and authorize Chairman to execute State and Local Assistance Agreement, as shown on page ________, between the State Department of Community Affairs, Emergency Management Division and Seminole County.

Medical Quality Assurance & Education

34. Approve and authorize Chairman to execute renewal of Certificate of Public Convenience and Necessity for all first response agencies in the Seminole County EMS System.

Public Works

Engineering

35. Adopt appropriate Resolution #2000-R-79, as shown on page _________, and authorize Chairman to execute Agreement, as shown on page _______, with the Florida Department of Transportation to facilitate the Pedestrian Bridge over Interstate 4 (Florida National Scenic Trail).

36. Adopt appropriate Resolution #2000-R-80, as shown on page ________, accepting QuitClaim Deed, as shown on page ________, from Frank D. Copeland and Mary B. Copeland to Seminole County for property necessary for the continued maintenance of Lake Cochran Road, a/k/a Cochran Road.

37. Approve release of Maintenance and Irrevocable Letter of Credit #321053 (Colonial Bank of Longwood) in the amount of $24,700 for The Springs project.

Tourism Development

38. Approve and authorize Chairman to execute Agreement, as shown on page _______, between Seminole County and the Central Florida Sports Commission (2001 USA Water Polo Junior Olympics Championship Bid Agreement) in the amount of $25,000.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Maloy to reject Bid A/B-382-00/GG, Landscape Construction to Vila & Son Landscaping Corporation; and to direct staff to find out the reason for the lack of response and to address those reasons.

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

Motion by Commissioner Morris to award A/B-382-00/GG, Landscape Construction to Vila & son Landscaping Corporation, Winter Garden.

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

Motion by Commissioner McLain, seconded by Commissioner Morris to continue until the next meeting consideration of A/B-382-00/GG, Landscape Construction; and to direct staff to address Commissioner Maloy's questions and to report back to the Board on same.

Districts 1, 4 and 5 voted AYE.

Commissioner Morris voted NAY.

Regular Agenda

Planning & Development

Development Review

Principal Planner, Matt West, addressed the Board to present request for a Plat Waiver to create a three-lot commercial subdivision known as Westlake Promenade, located at the southeast corner of Orange Boulevard and SR 46, Westlake Property Holdings LC. He advised staff has no objections to the request.

Motion by Commissioner McLain, seconded by Commissioner Morris to grant Plat Waiver to create a three-lot commercial subdivision known as Westlake Promenade, located at the southeast corner of Orange Boulevard and SR 46, Westlake Property Holdings LC.

Districts 1, 2, 4 and 5 voted AYE.

Planning & Development - Planning

Senior Planner, Cindy Matheny, addressed the Board to present the Final PUD Master Plan and Developer's Commitment Agreement for The Retreat at Wekiva (f/k/a CFB/Orange Blvd.) PUD, located north of Orange Blvd., north and south of Ohio Ave., and east and west of Indiana Avenue, CFG Real Estate Group, Inc. She advised staff recommends approval.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Final PUD Master Plan and Developer's Commitment Agreement, as shown on page ________, for The Retreat at Wekiva (f/k/a CFB/Orange Blvd.) PUD, located north of Orange Blvd., north and south of Ohio Ave., and east and west of Indiana Avenue, CFG Real Estate Group, Inc.

Districts 1, 2, 4 and 5 voted AYE.

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Senior Planner, Gary Schindler, addressed the Board to present the Final PCD Site Plan and Developer's Commitment Agreement for Raymond H. Saxon, Datatron Technical Services, property located on the east side of CR 15 (Upsala) north of SR 46. He advised staff has reviewed the plan and recommends approval.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve the Final PCD Site Plan and Developer's Commitment Agreement, as shown on page ________, for Raymond H. Saxon, Datatron Technical Services, property located on the east side of CR 15 (Upsala) north of SR 46.

Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER'S BRIEFING

Director of Public Works, Jim Marino, addressed the Board to briefly discuss the APWA Self-Assessment and Accreditation Process (copy of information regarding same was received & filed). He stated this would involve five departments and the entire process will take three years.

Senior Analyst, Kent Cichon, addressed the Board to discuss the program, advising it is a wonderful way for the Department to become accredited. He said during this process the Department of Public Works will first undergo a rigorous assessment of itself. The Department will determine if it is in compliance with each component and will take the necessary steps to address any item that is not in compliance. The second part of the program is the accreditation process. He advised the impact of the self-assessment practice is approximately $5,000 for the consultant services. The accreditation process will have an impact on the FY 01/02 budget in the amount of $12,000. Accreditation is granted for three years, and a $250 annual fee is required.

Commissioner Morris stated he feels this program will indicate the Department's effectiveness in the delivery of service and will improve the organization in general. He said he believes this is a worthwhile program.

Mr. Marino recommended the program, stating they know they have things that need to be fixed and it will benefit them to go through this process.

Commissioner Morris pointed out that the County Manager could have approved this without bringing it to the Board.

Mr. Grace stated he strongly supports this program, but did want the board to be involved.

Chairman Henley stated he feels there will be more costs than what is represented here. He said with his experience in school accreditation processes, he knows there are down sides to this. He said the process is very disruptive and can affect morale. He also stated he can guarantee there will be hidden costs when requirements are identified. He added he does not believe this is something to be entered into lightly even though it sounds good.

Mr. Grace stated that any cost identified will be brought back to the Board for consideration.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the County Manager to sign a Letter of support that endorses the Department of Public Works' pursuit of the American Public Works Association (APWA) Self-Assessment Process and Accreditation.

Under discussion, Chairman Henley questioned how much input has been received from the "rank and file" employees on this process. Whereupon, Mr. Marino advised the staff has been involved in terms of managers talking with their people. He added they have been looking at this for quite a while.

Discussion ensued with regard to accreditation.

Commissioner Morris stated the debate on accreditation could be done in three years, after the self-assessment phase.

Mr. Grace stated he would like to pull this item so that he can provide more information to the Board.

Commissioner Morris withdrew his motion at this time.

Mr. Marino stated he would like to meet individually with Commissioners to further explain the program.

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Request for approval of an Option Contract for purchase of property for the future Paola/Northwest Regional Water Treatment Facility was withdrawn from the agenda.

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Mr. Grace asked if the Board wanted to take a position on the City of Sanford's intent to charge for parking at the city-owned lot east of the Courthouse. He advised the potential charge for the County's employees is $40 per month. He added the City will be addressing the issue at their April 24 meeting.

Upon inquiry by Commissioner McLain, Mr. Grace advised the estimated annual cost to the County would be $160,000.

Commissioner Morris suggested asking the City to postpone their discussion and to invite the City Manager and Mayor to make a presentation to the BCC. He said this is a change in position from the past 30 years plus. He stated he does not understand the change in policy and believes it is silliness.

Motion by Commissioner Morris, seconded by Commissioner Maloy to request the City of Sanford delay their decision on parking charges; and invite the Mayor, City Manager, and any City Commissioners to come before the BCC to make a presentation regarding the proposed fees.

Districts 1, 2, 4 and 5 voted AYE.

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Ms. Coto requested Board direction with regard to the evaluation of respondents to PS-549, Courthouse A/E Services. She said during previous discussions some of the Board members suggested bringing all five respondents forward for evaluation instead of only three. She questioned whether the Board wanted to act as the evaluation committee rather than have staff and users act as same.

Commissioner McLain stated he does not have a problem bringing all five respondents forward. However, he believes it is a big mistake if the Board deters from the usual process in not having the selection committee conduct the interviews.

Commissioner Morris stated deviating from the past procedure could be a real mistake with public perception. He pointed out that there is already a conflict on the Juvenile Justice Center bid with the County being sued and the users not being happy. He suggested calling the committee a qualification committee rather than a selection committee. He added that he does not have a problem with interviewing all five bidders.

Chairman Henley stated he has felt all along that the selection committee has been miss-named because the ultimate selection is the Board's. He said he has a problem with the Board not having the opportunity to see the presentations. He suggested bringing all five bidders forward with two presentations - one for staff and one for the Commission. He said it is important for all five Commissioners to have an opportunity to be as informed as possible. Discussion ensued.

Commissioner Morris stated the review of the bids should be done in a prompt fashion. He suggested the respondents might want to submit videos of their previous projects.

Upon inquiry by Commissioner Morris, Ms. Coto advised this could be back before the Board within the next two months. Whereupon, Commissioner Morris stated he would hope this comes back to the Board with a recommendation at the first meeting in June.

The Chairman concurred that he would like to see this expedited.

Commissioner Maloy suggested consolidating the process and having a work session, with the users in attendance so that the respondents do not have to make their presentations twice. Discussion ensued.

Commissioner Morris stated he does not believe the Board should be part of the users and staff's review.

Chairman Henley commented that a full Board is not present. He said, however, he believes staff understands that the Board wants all five proposals moved forward and that the committee is a qualification committee and not a ranking committee. He said in order to change the process, it will take a positive motion and there is not a full Board present. He stated that unless there is a motion to change the process, he would like to draw this discussion to a conclusion.

Motion by Commissioner Morris to direct that presentations of PS-549, Architectural & Engineering Services for the Criminal Justice Center & Renovation of Existing Courthouse, will be made to the Qualification Committee for the appropriate review (as done historically without a ranking); the users and staff will make comments and assessments of any aspect they choose; and to direct staff to move promptly and bring this back to the Board at the first meeting in June.

Commissioner McLain seconded the motion.

Districts 1, 2, 4 and 5 voted AYE.

CLERK'S REPORT

Consent Agenda

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

1. Expenditure Approval List, as shown on page _______, dated March 14, 2000; and Payroll Approval List, as shown on page _______, dated March 30, 2000.

2. Chairman to execute Satisfaction of Judgment for Bail Bond Lien for Stacy Lynn Geerts & National American Ins. Co., #99003401CFA in the amount of $1,038.

3. Chairman to execute Satisfaction of Judgment for Code Enforcement Lien for Russell J. Chaudoin, Clark D. Chaudoin & Edward J. Chaudoin, #99-58A-CEB in the amount of $50.

4. Chairman to execute the following Satisfactions of Judgment for Public Defender Fees & Court Costs:

Rodney Kim Albright, #98001405CFA - $40 Public Defender Application Fee

Antonio Lukachi, #98004303CFA - $40 Public Defender Application Fee

Denis Delgado, #97013797MMA - $50 Balance of Court Costs

Willie Fred Williams, #97003704CFA - $40 Public Defender Application Fee

Shanita Deanne Cannon, #98004859CFA - $40 Public Defender Application Fee

Rodney K. Albright, #98002300CFA - $40 Public Defender Application Fee

Matthew John Armstrong, #98002273CFA - $40 Public Defender Application Fee

Reynaldo Benavidez, #99000109CFB - $40 Public Defender Application Fee

Dat Q Luu, #99000507CFA - $40 Public Defender Application Fee

Steven R. Arthur, #99006043MMA - $40 Public Defender Application Fee

Keri McGray, #99006182MMA - $40 Public Defender Application Fee

Bobby Glenn Thomas, #99004659MMA - $50 Public Defender Application Fee

Frankie Lee Williams, #96001056CFB - $40 Public Defender Application Fee

Perfecto Perez, #96003375CFA - $40 Public Defender Application Fee

James Worrell, #99006832MMA - $40 Public Defender Application Fee

Dody Rochester, #99000806CFC - $40 Public Defender Application Fee & $328 Court Costs

Joel E. Kidd, #97003146CFA - $40 Public Defender Application Fee

Clyde Roger Webb, #98000806CFA - $40 Public Defender Application Fee

Christopher Brannan, #96001032CFA - $255 Court Costs plus $59.83 Interest

Christopher Brannan, #96001388CFA - $253 Court Costs plus $49.35 Interest

Christopher Brannan, #96001335CFA - $255 Court Costs plus $59.83 Interest

Roberto O. Millan, #98001843CFA - $40 Public Defender Application Fee

Mary Louise White, #98003399CFA - $40 Public Defender Application Fee & $328 Court Costs plus $27.30 Interest

Liliana Killian, #96002052CFA - $255 Court Costs plus $65.15 Interest

Randy James Howell, #97012559MMA - $255 Court Costs plus $16.61 Interest

David Bright, #99010750MMA - $40 Public Defender Application Fee

Gayle Suzanne Miller, #97000323CFA - $40 Public Defender Application Fee

Tiara Hancock, #97003885MMA - $110 Court Costs plus $7.25 Interest

Rafael Esquilin, #96001128CFA - $105 Court Costs plus $17.57 Interest

Raynard Scott, #99005741MMA - $40 Public Defender Application Fee

Precious L. Allen, #98004873CFD - $40 Public Defender Application Fee

Michael A. Shaw, #96003440MMA - $40 Public Defender Application Fee & $110 Court Costs

4. Approval of Official Minutes dated March 14, 2000.

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

1. First Amendment, as shown on page ________, to Work Order No. 20 to PS-518-98, Inwood Consulting Engineers, Inc.

2. Construction Contract Agreement, M-143-00, as shown on page _______, Tom Tanenbaum, Inc.

3. Surveying Services Agreement, M-137-00, as shown on page ________, Fire Station No. 13.

4. Certificate of Title, as shown on page ________, for Magnolia Plantation Phase 3.

5. County Deed and Utility Easement, as shown on page ________, to the City of Altamonte Springs relating to County Road 427, Phase I, approved by the Board on May 13, 1997.

6. Permanent Drainage Easement, as shown on page ________, to Seminole County by Patrick J. Murphy, Jr., Grantor.

7. Copies of ordinances adopted by the City of Longwood in 1999 that effected annexations into the City: #99-1459, 99-1462, 99-1465, 99-1468, and 99-1471.

8. Request for Alternative Impact Fee Calculation before the County Engineer by Cox Lumber Company, Applicant, and Attorney Lonnie Groot.

9. Notice of Appeal on the Concurrency Review Test Results from Cox Lumber Company, Applicant, and Lonnie Groot, Attorney.

10. Work Order #4, as shown on page ________, to PS-543-99, Longwood Lake Mary Road at Lake Mary High School.

11. Notice of Re-recording Warranty Deed, as shown on page ________, for Lift Station, Tuck’s Knoll Subdivision.

12. Change Order #1, as show on page _______, to FC-194-99, McCulloch Road 20" Forcemain Project.

13. Supplemental Engineering Services Agreement, M-139-00, as shown on page _______, Myrtle Lake Emergency Outfall Project.

14. Certificate of Title, as shown on page _______, for Sawgrass Subdivision.

15. Permanent Drainage Easement, as shown on page _______, to Seminole County by Robert C. and Louise A. Janosek, Grantors.

16. Satisfaction of Connection Fees, as shown on page ________, for the following projects: McKee Construction New Office Building, Lake Mary Collections – Staples, Walgreen's – Red Bug Road and Dodd Road; Seminole Pointe Apartments; Shadow Creek Apartments, Riverwind Apartments; Oviedo Crossroads – Staples & Retail "A"; Eagle's Landing – Lot 6, Dr. Dodd, and Sanford ALF n/k/a Heritage ALF.

17. Conditional Utility Agreements, as shown on page ________, for Water and Sewer Service for the following: Maronda Homes, Inc., of Florida; CHC Development Company, Inc.; Taylor Woodrow Communities (Alaqua Lakes Phase IV); and Taylor Woodrow Communities (Alaqua Lakes Phase VI).

18. Bill of Sale, as shown on page _______, for Citrus Oaks.

19. First Amendment, as shown on page ________, to Work Order No. 23 to PS-518-98, Tuskawilla Road, Phase II, Wall Design.

20. Work Order #10, as shown on page ________, to PS-532-98, Lightwood-Knot Canal, Phase I.

21. Cross Access Agreement and Grant of Easement, as shown on page ________, with RaceTrac Petroleum, Inc.

22. Letters to the following advising of the action of the Board of Adjustment at their meeting of March 27, 2000: Edward N. Gale; Michael & Angela Hodge; Chuck Magaw; Jim & Nancy McMullen; Sharon Leigh; Randall C. Pasley; Glenn G. Chokanis; Willie & Deloris Williams; Richard A. South; Thomas & Julie Epley; Steven Halpern; Tom Stevenson; David Attard; Eric & Linda San Souci; Laura Belflower; Richard Bornstein & Barbara Bunster; James T. Sexton; and William J. Paluso.

23. Notices of Hearings from the Public Service Commission for Docket No. 981488-TI, Accutel Communications, Inc.; Docket No. 991947-TP, BellSouth Telecommunications, Inc.; and Docket No. 990874-TP, Complaint of US LEC of Florida, Inc.

24. Bids RFP-485-00, PS-555-00, FC-1102-00, and A/B-382-00.

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The Board, thereupon, recessed at 12:15 p.m., reconvening at 1:34 p.m., this same date with all Officials, (with Commissioner Morris being late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Maloy, seconded by Commissioner McLain to accept proofs of publication for this meeting's scheduled public hearings into the Official Record.

Districts 1, 4 and 5 voted AYE.

PUBLIC HEARINGS

VACATE AND ABANDON/Hagen Custom Homes

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon the most southerly 9 feet of a 15-foot wide drainage easement on Lot 20, Bolling Farms Subdivision; located on Crocus Court, west side of Myrtle Lake Hills Road, 3/8 mile north of E.E. Williamson Road, Hagen Custom Homes, received and filed.

Commissioner Maloy stated since Commissioner Morris is not in attendance at this time, he would recommend continuing this item until he is present. The Board had no objections.

VACATE AND ABANDON/County Stormwater Division

on behalf of Sanford Boatworks and Marina owner Archie Smith

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Vacate and Abandon two 20-foot wide drainage easements within Indian Mound Village; located north of Celery Avenue along the St. Johns River, County Stormwater Division on behalf of Sanford Boatworks and Marina owner Archie Smith, received and filed.

Matthew West, Principal Planner, addressed the Board to state the relocation of the existing stormwater outfall pipe will eliminate the need for two existing 20-foot wide easements granted to the County in 1967 and 1986 and it necessitates establishment of a new 20-foot wide easement to accommodate the new outfall pipe. He stated staff recommends approval of the request subject to the property owner granting the County a new drainage easement using a County approved form. He added the property owner has agreed to granting the new easement.

Roger Grimshaw, 4071 Chickasaw Dr., addressed the Board to state he and his wife live in Indian Mound Village and they would like to speak in favor of this request subject to granting a new easement. He stated he appreciates the efforts of the Board and particularly the Stormwater Division engineers on this issue.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner McLain stated the Stormwater Division staff identified this project through the concerns of the citizens. He stated he believes that staff has come up with a good solution and he would like to thank Mr. Smith and Sanford Boardworks for their efforts in putting this program together.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-81, as shown on page _________, vacating and abandoning two 20-foot wide drainage easements within Indian Mound Village; located north of Celery Avenue along the St. Johns River, as described in the proof of publication, County Stormwater Division on behalf of Sanford Boatworks and Marina owner Archie Smith.

Districts 1, 4 and 5 voted AYE.

VACATE AND ABANDON/Altamonte Development Corp.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to vacate and abandon a portion of a 30-foot platted right-of-way known as Lakeview Drive; described as the southerly 350 feet of Lakeview Drive within Lake Brantley Terrace Subdivision less the southerly 27 feet thereof, Altamonte Development Corp., Cornell and Cordell Aterbury, received and filed.

Upon inquiry by Chairman Henley, Mr. West advised that Commissioner Van Der Weide has indicated that he has no objections to the request.

Mr. West stated staff recommends approval of the request as long as the southerly 27 ft. is excluded for right-of-way for Sand Lake Road. This property has two property owners that will access it and they have consented to the vacated right-of-way and have joined in on the vacate request. He added staff is requesting that the applicant grant a drainage and utility easement to Seminole County and they have agreed to those conditions.

A gentleman from the audience addressed the Board to advise he represents Altamonte Development Corp., and he will be glad to answer any questions.

Upon inquiry by Commissioner McLain, Mr. West advised this lot has frontage on Sand Lake Road but they already have a driveway and access on this road. The applicant has a big RV that they pull up to get into their yard. He stated that 30 ft. will be owned by the southerly side owner with an easement granted.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-82, as shown on page ________, vacating and abandoning a portion of a 30-foot platted right-of-way known as Lakeview Drive; described as the southerly 350 feet of Lakeview Drive within Lake Brantley Terrace Subdivision less the southerly 27 feet thereof, as described in the proof of publication, Altamonte Development Corp., Cornell and Cordell Aterbury.

Districts 1, 4 and 5 voted AYE.

VACATE & ABANDON/Pulte Homes

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to vacate and abandon right-of-way known as Cloverbrook Place located west of Brightview Drive in Chase Groves, Unit 9, Pulte Homes, received and filed.

Mr. West stated the two adjacent property owners have joined in on the vacate and what they are going to do is deed back the vacated right-of-way to Pulte Homes so that they can put in a gated decorative entrance to the project.

Allen Hill, representing Pulte Homes, addressed the Board to advise the purpose of the vacate is the residents were concerned with the amount of traffic that will be coming through the area and that some type of buffer be provided to protect the children.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-83, as shown on page _________, vacating and abandoning right-of-way known as Cloverbrook Place located west of Brightview Drive in Chase Groves, Unit 9, as described in the proof of publication, Pulte Homes.

Districts 1, 4 and 5 voted AYE.

REZONE/Aaron Gorovitz on behalf of

George Jakubcin, Jr. Family Trust

and BP Amoco Corporation

Continuation of a public hearing to consider request to rezone from A-1 (Agriculture) to C-2 (Retail Commercial); located on the south side of Red Bug Lake Road, west of the GreeneWay, as described in the proof of publication, Aaron Gorovitz on behalf of the George Jakubcin, Jr., Family Trust and BP Amoco Corp.

Commissioner Morris entered at 1:50 p.m.

Motion by Commissioner Maloy, seconded by Commissioner McLain to continue to April 25, 2000 at 1:30 p.m., or as soon thereafter as possible, request to rezone from A-1 (Agriculture) to C-2 (Retail Commercial); located on the south side of Red Bug Lake Road, west of the GreeneWay, as described in the proof of publication, Aaron Gorovitz on behalf of the George Jakubcin, Jr., Family Trust and BP Amoco Corp.

Districts 1, 4 and 5 voted AYE.

Commissioner Morris stated he was not present when the discussion occurred.

VACATE AND ABANDON/Hagen Custom Homes

Continuation of a public hearing to consider request to vacate and abandon the most southerly 9 feet of a 15-foot wide drainage easement on Lot 20, Bolling Farms Subdivision; located on Crocus Court, west side of Myrtle Lake Hills Road, 3/8 mile north of E.E. Williamson Road, as described in the proof of publication, Hagen Custom Homes.

Mr. West stated the Board of Adjustment (BOA) granted a variance to the side yard setback from 10 feet to 6 feet on January 25, 2000. He advised the drainage easement must be vacated to avoid any title problems. Staff has no objections to reducing the width of the drainage easement subject to the applicant demonstrating that there will be no adverse impact on adjacent properties prior to issuance of the building permit.

Upon inquiry by Commissioner Morris, Mahmoud Najda, Development Review Manager, addressed the Board to indicate on the map the location of the requested drainage easement. He stated staff will be reviewing the drainage plan very closely to make sure that it will not impact the adjacent properties. He added the applicant will have to provide a couple of drainage plans.

Commissioner Morris stated this is called a flag lot and sometimes you have houses facing directly in the back yard. He stated he doesn’t have any issues with the applicant trying to get the proper uses, but there are associated neighborhoods that are very acute to this neighborhood and drainage issues.

Mr. West stated staff is recommending the vacate be approved subject to staff approving the drainage plan.

Upon inquiry by Commissioner McLain, Mr. Najda advised the applicant will have to receive a letter of approval from the utility companies.

Mr. West stated the orientation of the house would fit if they oriented it to the side lot line, but that would look strange.

Upon inquiry by Commissioner Morris, Mr. Najda advised there is another 15-ft. easement on the other side of the property, and beyond that 15 ft. is a vacated lot.

Debbie Hagen, representing Hagen Custom Homes, addressed the Board to state none of the utility companies object to the vacation. The property behind that is unplatted and the only access to that property is Lot 10. She stated Mr. Cox originally objected to the vacation until he met with her husband on site, and then removed his objection after he saw what surrounds the property. She added the preliminary plan was submitted to Cynthia Sweet about a week ago.

Mr. Najda advised he will personally review the drainage plan.

No one else spoke in support or in opposition.

Upon inquiry by Commissioner Morris, Mr. Najda advised he has not reviewed the plans to date. In order to construct the driveway, the applicant will have to utilize this property.

Upon further inquiry by Commissioner Morris, Mr. McMillan advised the way the resolution is utilized is it will not be recorded until the actual stipulation is met.

Commissioner Morris stated he would like to know if the Board has the ability to allow a 4 ft. violation of the easement.

Mr. McMillan stated the Board could continue this item until the drainage study is completed. Therefore, the Board will have the results of the study and they can act on this issue after that.

District Commissioner Morris stated he would like to meet with staff and the developer on this issue, therefore, he would like to continue this until the next meeting.

Motion by Commissioner Morris, seconded by Commissioner McLain to continue to April 25, 2000 at 1:30 p.m., or as soon thereafter as possible, request to vacate and abandon the most southerly 9 feet of a 15-foot wide drainage easement on Lot 20, Bolling Farms Subdivision; located on Crocus Court, west side of Myrtle Lake Hills Road, 3/8 mile north of E.E. Williamson Road, as described in the proof of publication, Hagen Custom Homes.

Districts 1, 2, 4 and 5 voted AYE.

APPEAL AGAINST BOA/Hamid Khazei

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Appeal against the decision of the Board of Adjustment (BOA) in denying an application for a Special Exception to allow the installation of tires and minor automotive repair in conjunction with a tire sales facility; property located on the west side of U.S. Highway 17-92, approximately ˝ mile south of SR 434, Hamid Khazei, received and filed.

Ginny Markley, Zoning Coordinator, addressed the Board to advise the property is zoned Commercial and the C-2 zoning classification allows tire sales as a permitted use and installation of tires and minor automotive repair, "mechanical garages", upon obtaining a Special Exception. She stated Mr. Khazei has been cited by the Code Enforcement Division for utilizing his property for automotive repair use and the installation of tires without a Special Exception. This use was brought to the County’s attention by several complaints filed. The BOA unanimously denied the request based on the mechanical work and installation of tires, performed under an open canopy, not being in agreement with the trend of development in the area. Ms. Markley reviewed the standards for granting a special exception as outlined in the agenda memorandum. She stated staff concurs with the BOA’s decision based on the following: (1) The proposed automobile repair and tire installation, performed on vehicles under an open canopy in view of Highway 17-92 and adjacent properties, would be detrimental to the character of the area and neighborhood, and would be inconsistent with the trends of development in the area. The open-air business would be contrary to the community redevelopment activity that is taking place along Highway 17-92. In addition, the BOA has consistently approved special exceptions for mechanical garages/automotive use with the stipulation that all mechanical work be performed within an enclosed building; and (2) The proposed use would have an unduly adverse effect on existing traffic patterns, movements, and intensity. The site never received site plan approval for the current tire sales and installation facility. The parking space layout and driveway circulation is haphazard and does not meet the current Land Development Code requirements. The property owner has offered to allow satellite parking on adjacent property that he owns, however, this would not resolve the problem relative to customers parking in front of the existing canopy and within the public road right-of-way. The existing canopy is very close to the front property line, which encourages parking on the sidewalk and the road right-of-way. She displayed photographs (received and filed) of the business for the Board to review. A future land use map was also received and filed.

Commissioner Morris stated he believes that during the construction of Hwy. 17-92 the State was taking land on the right-of-way.

Ms. Markley stated she spoke with Mr. Stan Mann of the Department of Transportation, and it appeared that there was a taking, but it was not needed because they already owned it.

Commissioner McLain left the meeting at this time.

Commissioner Morris and Ms. Markley discussed the applicant not having a permit for the automotive repair.

Commissioner McLain reentered the meeting at this time.

Upon inquiry by Commissioner Maloy, Ms. Markley advised staff is uncertain as to how long the applicant has been operating his business. She stated staff was unaware that this was County property. It first came to their attention due to the complaints they received.

Commissioner Morris stated during the construction period of Highway 17-92, the County tried not to be too abusive with the violations because it was under construction. Many of the businesses along that area had hardships relative to their operations during the construction period. He stated his concern was to get the construction completed, then the applicant could appeal to the BOA.

Upon inquiry by Commissioner Maloy, Mr. Grace advised staff would be willing to work with the applicant to see what they can do in helping him to come into compliance.

Commissioner McLain stated he doesn’t think shutting the business down is an issue, technically the business should not have started operating.

Hamid Khazei, appellant, addressed the Board to state when he bought this property he lost about 20 ft. from the frontage due to the construction and he lost about $5,000 just in lawyer fees. He stated Mr. Ruben is renting the property from him for additional parking. He said when people come for tires, they do not need any parking because they are installing tires on cars. He indicated on the map (received and filed) the area in yellow in which a dealer parked 45 cars. He added there are two shops about two or three miles from him and they have the same situation. The only thing that Mr. Ruben is doing is mounting the tires on the vehicles as he has removed all of his jacks off the property.

Upon inquiry by Chairman Henley, Mr. Khazei advised he obtained an occupational license. He stated he knows the County has codes to follow, but existing businesses should not have to go out of business. It is a hardship on him and his brother. He submitted a letter (received and filed) from Yvonne Alger requesting that Ruben’s Tire Service be allowed to continue doing business at this location.

Chairman Henley stated staff has indicated that they are willing to work with the applicant to come into compliance. He stated the other businesses that are not in compliance will be facing the same situation as Mr. Khazei.

No one else spoke in support or in opposition.

District Commissioner Morris stated he had hoped that over a period of months that this issue could be resolved between staff and the applicant. He stated the key issue is the special exception must meet three primary issues and they do not. He said what he is concerned about is the issue of precedent setting, not beautification efforts by the County.

Motion by Commissioner Morris, seconded by Commissioner McLain to uphold the Board of Adjustment’s decision, thereby, denying, by means of a Development Order, as shown on page _________, an application for a Special Exception to allow the installation of tires and minor automotive repair in conjunction with a tire sales facility; property located on the west side of U.S. Highway 17-92, approximately ˝ mile south of SR 434, as described in the proof of publication, Hamid Khazei.

Under discussion, Commissioner McLain stated when it comes to businesses using land for commercial land use designation, the same set of rules must be followed for everyone. Since the business has been operating illegally, it doesn’t mean that this justifies the applicant to continue his business.

Commissioner Morris stated he wishes that there was some way to work with the applicant as he is a land owner wanting to get the best use out of his property. The applicant has massive compliance problems relative to ingress and egress as well as drainage. The staff of Economic Development may come up with a formula to help the applicant.

Commissioner Maloy stated he also feels that the Economic Development Department may be able to work with the applicant. This seems to be the perfect case that the County can work with the property owner to come up with creative ideas in how to redevelop the property.

Chairman Henley stated he feels the Board is obligated to try to do everything in their power to try to avoid putting the property owner out of business. He stated he feels it is important to be sensitive to that and lend all the support they can.

Commissioner Morris stated he feels the CRA can help Mr. Khazei solve this problem.

Upon inquiry by Commissioner Maloy, Mr. Grace advised he will get with the Economic Development staff to coordinate with Mr. Khazei.

The Chairamn requested Mr. Grace to report back to the Board.

Districts 1, 2, 4 and 5 voted AYE.

ORDINANCE/UNIFORM ADDRESSING SYSTEM

Continuation of a public hearing to consider an Ordinance to Repeal Chapter 90, "Uniform Building Numbering System" of the Land Development Code, and create a new Chapter 90, "Uniform Addressing System" in the Land Development Code, as described in the proof of publication.

Frank Kirk, Emergency Communication/E-911 Manager, addressed the Board to review the proposed request as outlined in the agenda memorandum. He advised the proposed ordinance was reviewed by the Local Planning Agency (LPA) on April 5, 2000, and was unanimously approved.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt Ordinance #2000-22, as shown on page _________, Repealing Chapter 90, "Uniform Building Numbering System" of the Land Development Code, and creating a new Chapter 90, "Uniform Addressing System" in the Land Development Code, as described in the proof of publication.

Districts 1, 2, 4 and 5 voted AYE.

CHAIRMAN’S REPORT

Chairman Henley stated he received a letter (received and filed) from Leadership Seminole regarding a graduation that is coming up, and they are asking each County and municipality to donate $1,000 to this dinner.

Mr. Grace advised a table has been purchased for the department directors as management will be there to support the people who have gone through it. Discussion ensued.

Chairman Henley stated he feels the County should inform them that they have done their share by participating in the scholarships. He stated he feels there is a limit to how much government needs to be participating.

Commissioner Morris recommended that the Chairman send a letter to Leadership Seminole advising them of the Board’s response.

Chairman Henley stated he and Mr. Grace will send an appropriate response.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner McLain stated the City of Sanford is in the process of annexing some property on the west side along the lakefront as there are some plans for residential development there. He stated the County needs to make sure that the development is compatible with the County’s residents adjoining that area. He added the Board needs to make sure that they oversee the stormwater and traffic plans so that the County is not accepting any additional problems from that development.

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Commissioner Maloy informed the Board of a meeting scheduled for this Thursday relative to the proposed apartment rezoning request scheduled for tonight.

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Commissioner Morris stated he received notification relative to compliance issues of the Econ River Place PUD.

Commissioner Maloy stated this relates to the meeting scheduled for this Thursday he just discussed.

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Commissioner Morris informed the Board that the City of Winter Springs did enter into an agreement last night relative to the Schrimsher development for their Seminole Towne Center.

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Commissioner Morris stated the Board may have followed the news relative to the Seminole County Fair held at the Seminole Towne Center. The name Seminole County Fair is basically used for a carnival. Directional signs were put up around the mall advertising it. This goes back to an article in the Seminole Herald using the name Seminole County. He stated he discussed the issue of using the name Seminole County with the County Attorney about four or five years ago. He added he would like the Board to do something legally to either trademark or copyright the name.

Mr. McMillan advised the Board cannot copyright or trademark a geographic name. The easier way to do it is to adopt a local ordinance making it a violation to use the name Seminole County with anything that might confuse the public that it is a government endorsement. He stated staff can look at the whole issue.

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Upon inquiry by Commissioner Morris, Mr. Grace advised staff will be bringing the Martin Luther King road issue to the Board at a later date.

COMMITTEE REPORTS

No Report.

COUNTY MANAGER’S REPORT

Mr. Grace stated he just received a note (received and filed) that there is a broken water line on CR 427 due to the construction of the road. He stated the water line broke near the Catholic Church and he wanted to make the Board aware of this in case they get some phone calls.

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Upon inquiry by Commissioner Morris, Mr. Grace advised that there was a break-in at the Historical Museum and some of the arrowheads were taken, but there wasn’t any cash taken.

Commissioner Morris stated some particular items were taken and he feels that those items should be advertised so that the pawnshops can be aware of them.

CHAIRMAN’S REPORT (Continued)

Chairman Henley stated there was an excellent turnout of the Volunteer Dinner last night and the meal was also excellent. He stated he would like to say a word of thanks to staff for their efforts in organizing this dinner.

COMMUNICATIONS AND OR REPORTS

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

    1. Copy of letter dated 3/31/00 to Commissioner McLain from Donald Ham re: Mullet Lake Park. (cc: BCC, Co. Manager, Deputy Co. Manager, Parks Manager, Sheriff)
    2. Letter dated 3/28/00 to BCC from Larry Dale, Mayor City of Sanford re: Renaming Airport Boulevard. (cc: Co. Manager, Deputy Co. Manager)
    3. Agenda for Sanford Airport Authority Meeting 4/4/00.
    4. Letter dated 3/24/00 to BCC (with attached letters from the 2nd grade class) from Ann Blanton, Rainbow Elementary re: Econlochatchee River issues. (cc: Co. Manager, Deputy Co. Manager)
    5. Copy of letter dated 3/28/00 to Congressman John Mica (with attached Resolution #2000-05) from Andrea Lorenzo-Luaces, City Clerk-City of Winter Springs re: Commuter rail system. (cc: Mayor & Commission, City Manager, City Attorney, FDOT, Metroplan, BCC, Seminole Co. Cities, Orlando Sentinel, Seminole Herald, Co. Manager, Deputy Co. Manager)
    6. Copy of letter dated 3/31/00 to Dianne Kramer, Executive Director-Seminole Co. School Board Facilities Planning (with attached) from Tony Matthews, Comprehensive Planning Division re: School Board Yankee Lake Property. (cc: BCC, Co. Manager, Deputy Co. Manager, Environmental Services Director, Planning & Development Director)
    7. E-mail dated 3/29/00 to BCC from Keith Schue, Wekiva Issue Chair-Sierra Club re: Wekiva Recreation Plans. (cc: Co. Manager, Deputy Co. Manager, Co. Attorney, Comprehensive Planning)
    8. Memorandum dated 3/30/00 to BCC from John Dwyer, Zoning Section Chief re: Single Family Zoning Compatibility Ordinance. (cc: Local Planning Agency, Co. Manager)
    9. Letter dated 3/28/00 to BCC (with attached notice) from Janet Dougherty, City Clerk-City of Sanford re: Ordinance #3546. (cc: Current Planning)
    10. Copy of memorandum dated 3/29/00 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into Official Records. (cc: BCC, Co. Manager, Environmental Services Director)
    11. Memorandum dated 3/27/00 to Co. Commissioner Chairs and Co. Administrators from Mary Kay Cariseo, Executive Director, and Carol Bracy, Legislative Director-FAC re: Telecommunications Tax Reform Negotiations. (cc: Co. Lobbyists, FAC Special Tax Counsel, BCC, Deputy Co. Manager, Fiscal Services Director, Information Services Director)
    12. Copy of memorandum dated 3/27/00 to Jim Marino, Public Works Director (with attached letter dated 3/17/00 from FDOT) from Kevin Grace, Co. Manager re: Central Fla. Transportation Commission Task Force. (cc: BCC)
    13. Letter dated 3/27/00 to BCC from Jane Polkowski, Seminole Co. Health Department Director, re: Upcoming Retirement. (cc: Co. Manager, Deputy Co. Manager, Community Services Director)
    14. E-mail dated 3/28/00 to Chairman from Kevin Mooney re: Zoning. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director)
    15. Letter dated 3/17/00 to Chairman (with attachments) from Glenn Sangiovanni, President-Tri-County League of Cities re: Membership. (cc: BCC, Co. Manager, Deputy Co. Manager)
    16. Copy of letter dated 3/17/00 to Matt Chesler, Cable Franchising Coordinator from Diane Pickett-Time Warner Communications re: Seminole Co.-AOL Merger. (cc: Jerry Martin, John Fogarty, Assistant Co. Attorney, Telecommunications Manager, Co. Manager, Deputy Co. Manager, BCC, FCC Cable Services Bureau)
    17. Copy of letters dated 3/27/00 from Ken Roberts, Director-Public Safety re: Appreciation for recent donations to the following: Edward Doyle, Bruce Bukur, Tom Savastano, Mrs. Anna Karnowsky, Ms. Soni Accardi.
    18. Contract for services, as shown on page _________, between Seminole County Parks & Recreation and the following: Jeffery Wiley (Softball Umpire), Carmen Hamilton (Slo-pitch Scorekeeper), Stacey Kurowsky (Slo-pitch Scorekeeper).

19. Memorandum dated 4/5/00 to BCC and Co. Manager, Kevin Grace (with attachment) from Betsy Cohen, Contract Supervisor re: PS-549-00. (cc: Fiscal Services Director, Purchasing Manager)

20. Copy of letter dated 4/4/00 to Kevin Grace, Co. Manager from Kenneth Wright, Shutts & Bowen re: International Parkway Extension Road Improvement Project. (cc: BCC, Charles McGehee)

21. Notice dated 3/10/00 to All Interested Person & Parties of Record from Jennifer Brubaker, Sr. Attorney-Public Service Commission Division of Legal Services re: Sanlando Utilities Corporation. (cc: Division of Water & Wastewater, Division of Records & Recording, BCC, Co. Manager, Deputy Co. Manager, Environmental Services, Co. Attorney)

22. Letter dated 4/6/00 to BCC from Sandi Robinson, School Board Chairman and Diane Bauer, School Board Vice-Chairman re: Video Technology use in schools. (cc: City/County Officials, School Board Members, Superintendent, Permanent Records, Press, SCPS SGTV Liaison, Sem. Co. SGTV Liaison, SCC CALNO Liaison, Co. Manager, Deputy Co. Manager)

23. Letter dated 4/3/00 to Seminole County from Connie Nadrowski re: Opposition to Special Exception for Hamid Khazel. (cc: BCC, Co. Manager, Current Planning)

24. Memorandum dated 4/7/00 to BCC and Kevin Grace, Co. Manager (with attached letters) from Betsy Cohen, Contract Supervisor-Purchasing re: PS-549-00/BJC. (cc: Fiscal Services Director, Purchasing Manager)

25. Letter dated 4/6/00 to BCC from Louis Fitzpatrick re: Traffic hazards on Markham Wood Road & Long Pond Road. (cc: BCC, Co. Manager, Deputy Co. Manager, Traffic Engineering)

26. Letter dated 4/6/00 to BCC from Louis Fitzpatrick re: Opposition to High School on Long Pond Road. (cc: BCC, Co. Manager, Deputy Co. Manager, Current Planning)

27. Letter dated 4/5/00 to Chairman from Edward Posey, Executive Director-Central Fla. Zoological Park re: Appreciation for $300,000. (cc: BCC, Co. Manager, Deputy Co. Manager)

28. Notice and Agenda for City of Oviedo meeting 4/10/00.

29. Letter dated 4/4/00 to Kevin Grace, Co. Manager (with attached Ordinance #1119) from Cynthia Bonham, City Clerk-City of Oviedo re: Annexation. (cc: Property Appraiser, Current Planning)

30. E-mail dated 4/5/00 to BCC from Joyce Ungerman re: Returning South SR 434 into Housing for UCF. (cc: Co. Manager, Deputy Co. Manager, Planning & Development)

31. E-mail dated 4/4/00 to BCC from Kathy Nucci re: Opposition to Sam Carr project. (cc: Co. Manager, Current Planning)

32. E-mail dated 4/10/00 to BCC from Colleen Thompson re: Deny the Sam Carr Project. (cc: Orlando Sentinel, Co. Manager, Deputy Co. Manager, Current Planning)

33. E-mail dated 4/3/00 to Chairman from Jennifer McMurtray, Transportation & Wildlife Ecology Coordinator-Defenders of Wildlife re: Thank you for Seminole-Wekiva Trail Decision. (cc: BCC, Co. Manager, Planning & Development)

34. Letter dated 4/3/00 to BCC from Kevin Spolski re: Renaming Airport Boulevard. (cc: BCC, Co. Manager)

35. Memorandum dated 3/31/00 to BCC (with attachments) from Jim Marino, Public Works Director re: Letters of appreciation sent to DPW Employees. (cc: Co. Manager)

36. Letter dated 4/4/00 to BCC (with attached Notice) from Janet Dougherty, City Clerk-City of Sanford re: Annexation Ordinance #3547. (cc: Co. Manager, Current Planning)

37. Letter dated 3/31/00 to Chairman from Star Mahaffey, Associate Director-National Center for Simulation re: Vote of confidence. (cc: BCC, Co. Manager, Deputy Co. Manager)

38. Copy of letter dated 4/3/00 to Eric Silverberg, Senior Deputy Co. Administrator-18th Judicial Circuit (with attached correspondence) from Jamie Croteau, Administrative Services Director re: Additional space. (cc: BCC, Chief Judge, Co. Manager, Deputy Co. Manager)

39. Copy of letter dated 4/3/00 to Michael Snyder, District 5 Secretary-FDOT from Chairman re: State Road 46-Multi-Laning from Mellonville Avenue to Volusia Co. Line. (cc: Executive Director-MetroPlan, BCC, Co. Manager, Co. Engineer, Planning & Development Director)

40. Minutes of 3/24/00 Parks & Recreation Advisory Board.

41. Letter dated 4/2/00 to BCC from Donald Cathcart re: Law enforcement in Maitland. (cc: Co. Manager, Deputy Co. Manager, Sheriff Dept.)

42. Minutes of 2/17/00 Historical Commission meeting.

COUNTY ATTORNEY’S REPORT (Continued)

Mr. McMillan advised he will not be attending the next Board meeting (April 25, 2000) as he will be celebrating his 30th wedding anniversary. He stated Mr. Steve Lee will be sitting in on the Board meeting and Mr. Rob Gebaide will also be in attendance to answer questions on the Planning & Development items.

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The Board recessed the meeting at 3:07 p.m., reconvening at 7:00 p.m., with all Commissioners and Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PUBLIC HEARINGS

Chairman Henley advised The Ryland Group has asked to continue their public hearing request for rezoning until April 25, 2000.

Commissioner Morris requested a change in the Agenda schedule to consider the continuance for The Ryland Group. He stated most of the residents have been informed that the applicant has asked for a continuance.

REZONE FROM A-1 TO R-1A

THE RYLAND GROUP

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-1A (Single Family Residential); if rezoning is granted, approve associated development order that includes appropriate findings relative to the finding of compatibility and that requires the applicant to provide enhanced buffering pursuant to the Lot Size Compatibility Ordinance; property located on the east side of Lake Emma Road, between Emma Oaks Trail and Longwood Hills Road, The Ryland Group, received and filed.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to continue to May 9, 2000, 7:00 p.m., or as soon thereafter as possible, request to rezone from A-1 (Agriculture) to R-1A (Single Family Residential); property located on the east side of Lake Emma Road, between Emma Oaks Trail and Longwood Hills Road, The Ryland Group, as described in the proof of publication.

No one spoke in support or in opposition to the continuance.

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

REZONE FROM C-2 TO PUD/SAM CARR

ON BEHALF OF WEAT LAND II PARTNERS

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from C-2 (Retail Commercial) to PUD (Planned Unit Development); if rezoning is granted, approve associated development order placing staff requested conditions; and approve proposed preliminary PUD master plan; property located on the southwest corner of State Road 434 and Carrigan Avenue, Sam Carr on behalf of the owners, WEAT Land II Partners, received and filed.

Gary Schindler, Senior Planner, addressed the Board to present the request to enact an ordinance to rezone the property, approve the development order placing staff-requested conditions upon the rezoning approval, and approve the proposed preliminary PUD master plan for the subject property. He presented and discussed the three different Parcels A, B, and C. He also discussed the prohibited uses proposed by the applicant. Mr. Schindler stated the proposed development order addresses the conditions staff believes should be placed upon the development, with one deviation. He pointed out that Condition (g) is somewhat redundant in that alcoholic beverage establishments do not include convenience stores with incidental sales or package sales of beer or wine for restaurants with incidental sales of alcohol. He said restaurants should be added to this condition or delete the condition entirely. With that exception, staff recommends the development order with conditions that: (a) Apartments shall be rented by the unit, not by the bedroom; (b) Prohibited uses shall include 3 bedroom/3 bath apartments or 4 bedroom/4 bath apartments, communication towers, billboards, flea markets, adult entertainment establishments, and alcoholic beverage establishments; (c) The final PUD master plan shall contain the wording, "Unless specifically addressed in the master plan, the plan shall comply with or exceed all relevant requirements of the Land Development Code; (d) The existing pylon sign is a nonconforming off-premises advertising sign, which is subject to the provisions of Section 30.1246(1)(a) and shall comply with the provisions of Section 30.1243(b)(1)a; (e) If access is proposed to Econ River Place, the applicant shall bring the section of Econ River Place, from SR 434 to the western extent of the driveway into the subject property, up to County standards; (f) The maximum building height shall not exceed thirty-five feet (35’), per the Land Development Code; and (g) to be amended to include restaurants or deleted entirely.

Upon inquiry by Commissioner Maloy, Mr. Schindler stated the existing pole sign is not on the subject property and once it is removed, it cannot be replaced and no other outdoor advertising sign can be placed on the property.

Whereupon, Chairman Henley clarified that the condition regarding the pole sign removal should be in the Development Order.

Mr. Schindler advised Commissioner Maloy that with the net density of approximately 20 acres, approximately 40 apartment units could be built under C-2.

Commissioner Morris said he is not comfortable with the language in the development order. He said it’s not standard under any circumstances to have a four-bedroom apartment. He suggested that Item (b) read 3 bedroom/2 baths shall be the largest unit or that there shall be no 4-bedroom units. He asked the applicant to address this issue. He agreed that Item (g) is very confusing. Commissioner Morris said he doesn’t see anything in the development order that says the applicant will comply with CEPTED. Staff said they would have that included in the master plan and the development order.

Upon inquiry by Commissioner Morris, Mr. Schindler said staff believes the development, as residential, will contribute fewer trips to the traffic network than if this was developed under its maximum potential to commercial.

John Dwyer, Section Chief, addressed the Board to state that the specific site plan is not required at this time. The applicant will have to come back with a specific PD master plan and developer’s commitment agreement; and at that time, staff will see more specifics. If the project does not meet the code, it would be rejected.

Commissioner McLain discussed with Mr. Schindler the differences in this development order and the one for the development approved to the south. Mr. Schindler advised one of the main differences with Alafaya Place was that there was an agreement reached between Mr. Reese and several of the homeowner associations.

Cyndi Gundy addressed the Board to distribute a copy of the conditions (copy received and filed) between Mr. Reese and the homeowner associations, and the Board reviewed it.

Attorney Miranda Fitzgerald, Lowndes, Drosdick, Doster, Kantor & Reed, representing WEAT Land II Partners, addressed the Board to state she has prepared two copies (received and filed) of Applicant’s Exhibit I notebooks for submission into the Record. She reviewed the contents of the notebooks as listed on the Index page. She identified on the aerial (copy received and filed) Parcels A (Econ River Place), B, and C. She said Tract C has been sold and is no longer owned by the partnership. She discussed the zonings for Parcels A and B and showed the locations and reviewed the zonings for Remington Village, Remington Park and Stillwater. She discussed the history of Remington Village and noted that the developer voluntarily reduced the density. She also noted that the developer did not take it upon himself to include a buffer from the adjoining C-2 uses to the south or east; and, therefore, there is the situation now where her client is having to deal more with the adjacency issues than they would have had to do otherwise.

Attorney Fitzgerald gave a Power Point slide presentation (copy of disk received and filed). She stated staff has concluded that this project is consistent with the Comprehensive Plan. She discussed why she also believes the project is consistent with the Comp Plan. She referred to the Land Use Compatibility Table 2.1 that indicates high density residential is compatible as a use adjacent to medium density residential. She said that is the circumstance today. She further referred to Comprehensive Plan Policy 2.5.2 which states the County shall encourage commercially designated property to be developed as mixed Residential/Commercial planned developments. She said that is what they are asking for. She added this policy includes the provision that attached high-density apartments are listed as a specific type of residential land use that is to be encouraged. Attorney Fitzgerald discussed the C-2 zoning category and said it does allow multi-family uses. She said she takes issue with the staff’s interpretation of the 10% provision of multi-family in a C-2 zoning classification. She explained they are asking for an amendment to the C-2 zoning rather than documenting all C-2 categories in the County.

Mr. Dwyer stated that is not the staff’s interpretation.

Attorney Fitzgerald continued that regarding the discussion earlier on Alafaya Place (Brossier property) conditions, she feels when one developer negotiates a set of conditions acceptable to that developer, that it is inappropriate for the County to unilaterally impose that list on another developer because they are in the neighborhood. She said most of the conditions are incorporated into the list of their voluntary conditions. She thinks the neighbors have focused on the agreement that the Brossier Company made and they are not going to be satisfied with anything less. She asked that they not be restricted totally against having leases less than 12 months. She explained they have placed in their conditions a restriction stating they will have no more than a certain number of co-signers but have not excluded co-signers. She further asked that they not be required to rent an apartment for half price to a deputy sheriff, as this is going to be a gated community. She feels it would be harsh to impose that on them.

Turgut Dervish, Principal Engineer & President, Traffic Planning and Design, addressed the Board to speak to the objection by the neighbors that the project will bring too much traffic. He reviewed the traffic analysis done for two scenarios for the daily trips and AM and PM peak hour trips. Commissioner McLain questioned that the 218 PM peak hour trips seemed low to him. Upon checking, Attorney Fitzgerald found that she had omitted the square feet of commercial on Tract B. Discussion ensued. Mr. Dervish stated his numbers only represented residential and not commercial.

Attorney Fitzgerald answered the objections to additional crime and noise, stating this will be a gated community and the buffer will be increased. She said the applicant has agreed to incorporate CPTED standards and other governmental imposed conditions of approval. She disagreed that the land values will decline and said the market will establish the demand for apartments. She discussed the 28 conditions (received and filed) the applicant is willing to accept.

During discussion with Commissioners Morris and Henley, Attorney Fitzgerald stated the applicant is in agreement to include in the development order that the off-site sign will not be replaced nor requested for replacement, and no variance will be sought for replacement. She also stated the applicant has agreed to no widening of the road. She said there would be no bars and no package sales of alcoholic beverages. She explained that there is no plan or intent to have segregated areas for leases with no co-signers or leases for less than 12 months. She committed that there would be no clustering of short-term leases.

No one spoke in support of the requested rezoning.

Chairman Henley recessed the meeting at 8:13 p.m. and reconvened at 8:25 p.m.

Commissioner Morris asked staff to clarify what the differences were between the two sets of conditions from the Brossier development and WEAT Land II. Commissioner Maloy identified the differences he saw in the conditions.

Joyce Ungerman, 2977 Erskine Drive, Stillwater, addressed the Board to state she is a realtor and the loss of property values is a fact.

The Chairman called for George Mahoney, but he did not speak.

Dan Holland, 2927 Joseph Circle, Remington Village, also representing George Mahoney, addressed the Board to state his concern is that the Brossier Company was the developer and with this project, Mr. Axel is not the developer. He asked who governs that 85% of the leases will have no co-signers and that 80% of the units will have 12-month leases.

Colleen Thompson, 3072 Hazelton Place, President of Stillwater Homeowners Association, addressed the Board to state she doesn’t believe in free enterprise at the expense of taxpayers who have been supporting the County for years. She said this project would create traffic problems for them and Creekwood. She presented pictures (received and filed) for the Record that there is not a case for more housing in the area. She said they now have 38 apartment complexes in a five-mile radius, not including those that have recently broken ground. She said they would prefer to stay with C-2 zoning and have various trips throughout the day than be inundated with college students. She stated they do not believe WEAT Land has brought an appropriate plan to be considered. She said the citizens have a right for the Board to protect their health and rights.

Jim Adams, 953 Lagoon Drive, Vice President of Stillwater Homeowners Association, addressed the Board to state with Mr. Reese they worked out their disagreements and everything worked out well. That was a different project down the road away from single family homes and they weren’t dealing with apartment complexes in the backyards of people with very expensive homes. He said they are scared they will lose property values and have to move away.

Joan Harrell, 2782 Joseph Circle, Remington Village, addressed the Board to state she lived in an apartment when her home was being built. She said college kids tend to be inconsiderate without intending to. She said where she lives now she can hear normal traffic from her house, and she asked what will the neighbors do who live 75 feet away from this apartment complex. It is a mile from UCF and that is the applicant’s market. She said they would never have bought their homes if they knew they were going to live within an apartment complex.

John Goodrum, 2968 Joseph Circle, Remington Village, addressed the Board to state he is a property manager and he can assure the Board that the market is for students. He said there would not be any other reason to build a community there. He said that unless the applicant eliminates the co-signers and 7 month leases, they are still targeting student markets. He said a gated community offers no benefit and anything that comes out of Carrigan Avenue West is going to be unacceptable.

Cyndi Gundy, 2897 Joseph Circle, President, Remington Village Homeowners Association, stated their goal is to maintain the property values they all have invested and maintain the quality life they hoped to find when they invested in their single family home. She reviewed communications between the homeowners and the applicant to try to come to agreement on the proposal. She stated the homeowners don’t feel they can blindly agree to such a proposal without knowing what it will look like. They felt with the Brossier property, they had a lot more information going into it and felt more comfortable. She stated Mr. Axel said if he lost tonight, he would sue the County Commission and if the homeowners decided not to work with him, he would remove the conditions decided upon. She said the homeowners didn’t feel that type pressure was conducive to them. Ms. Gundy said they could not get enough homeowners together to come to some agreement. She said it would entirely change the character of their neighborhood to have to share the traffic light with that number of people. They do not want an entrance or exit on West Carrigan.

Commissioner Morris advised Ms. Gundy that even if they do not accept the traffic count numbers given, the Board would insist on a second exit on Carrigan for fire safety movement, no matter what gets built there.

Commissioner McLain questioned if the Board approved the proposal like it is, would that open the door for low-income apartments. Mr. Dwyer answered yes.

Commissioner Morris stated the densities are at 20 units, whereas, you typically have higher density to accomplish the affordable housing element.

Al Bailey, 489 Wilmington Circle, Remington Park, addressed the Board to state the issue with him is that there is no footprint. They don’t know what they will be getting into with this project. They would like to work with the developer, but there is no developer. He said in this area, they will have about 1,500 people coming out of one street, because of the three apartment complexes that will be abutting each other, without a traffic light or left-hand turn coming out of Econ River Place. He said the buffer zones in the area are 75 feet. He said Orange County today took up the proposal and they will have 400 feet buffers between their apartments and single family residences. He said the compatibility of residential and apartments in the zoning plan are supposed to be acceptable. He said it is acceptable, unless you’re living right next to the student apartments.

Kim Jennison, 433 Wilmington Circle, President of Remington Park Homeowners Association, addressed the Board to state he thinks what is being asked is, "you can’t judge a book by its cover." The applicant is asking for a zoning change to go from commercial to PUD and the residents don’t know what is going in there. He said 400 feet buffers for student housing was adopted today in Orange County. He thinks the Board would have to look at 400-foot buffers if they agree to change development in this area. He said over the past weeks, he has gone to 11 different apartment complexes and they are very active in seeking individuals to come in. The residents don’t want to see the draws such as what Knight’s Krossing is offering. Mr. Jennison stated they don’t see the demand at this time, and are asking for the opportunity to work with the owner and developer of the property.

Susan Eberle, 652 W. Palm Valley Drive, addressed the Board to state they are asking the Board to deny the request, as the project is not compatible with single family homes. She said noise, crime, and traffic will increase destroying the quality of life of the nearby neighborhoods. She said Orange County did go with the 400-foot buffer, but she feels it is still inadequate and they need to go to 1,000 feet. She said UCF must accept responsibility for student housing. There are many benefits to this—traffic, crime, and noise are diminished. Now, many off-campus housing breeds crime and noise nuisances. They also have so many calls to the Sheriff’s Office that law enforcement is overwhelmed. She reported on the number of phone calls to the Sheriff’s Office in Orange County for service and general disturbances where the students live. She said in the last 10 months, Knight’s Krossing had 2,008 calls for service and 367 were general disturbance calls. According to the Seminole County Sheriff’s Department, Northgate Lakes Apartments had 428 calls from January through August, 1999; and 128 of those were general disturbance or noise calls. She said homeowners have rights too and if the Board takes away those rights by putting the Sam Carr project by single family homes, the homeowners have the right to sue the County for inverse condemnation. She asked the Board to not approve this project as it is not compatible with single family homes. Ms. Eberle submitted to the Record a copy of her news article in The Oviedo Voice on Armed robbery is "not newsworthy"; information on the phone calls from Northgate Lakes Apartments, and her letter to Chairman Martinez and the Orange County Commissioners (all received and filed).

Stephanie Smith, 531 Appleton Place, Stillwater, addressed the Board to state she is opposed to the rezoning of C-2 to PUD. She said as everyone else said before, they have given ample justification why they are against it. She said she called apartments on Alafaya Trail and everyone had vacancies. She is concerned about the traffic issue, because traffic is a problem everyday. If the Board approves anymore apartments at this time, they are putting the cart before the horse. The road is not even done yet. They have overcrowding of schools and problems enough without adding students at this time. She said she may have a use for commercial, but she has no use for apartments and she doesn’t want them in her backyard. She stated they bought their homes based on a model. She asked why would they approve an apartment when they did not even approve their home without a model.

Chairman Henley read the names of those who submitted Written Comment Forms in opposition: Phyllis Giorgio, Lisa Daye, Elizabeth Franks, Javier Rentas, Mark Rusboldt, Marcia Rusboldt, Dave Krupar, Brett Telford, Brian Linden, Michelle Mullane, Penny Jordan, Larry Rash, Don Bailey, Dan Thompson, Mike and Sue Bannio, Joyce Ungerman, Susan and Ken Cross, Sonja and David Rasarius, and Donna Hoak.

Sal Strano and Yvonne Mouloua also submitted their Written Comment Forms.

No one else spoke in support or in opposition.

Speaker Request Forms were also received and filed.

Attorney Fitzgerald responded to concerns about the zoning, the ordinance approved by Orange County for student housing, marketing the units to students, having co-signers, and having leases under 12 months.

Commissioner Maloy asked how would the County go about enforcing the provisions of the development order. Mr. Dwyer said enforcement would be complaint driven.

District Commissioner Maloy stated that based on what he has heard today, he sees this as a unique situation where these apartments are going to be in close proximity to single family homes. It is a unique situation with a large university being in such close proximity, and he doesn’t see the same level of conditions as offered next door to the north.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to deny rezoning from C-2 (Retail Commercial) to PUD (Planned Unit Development); property located on the southwest corner of State Road 434 and Carrigan Avenue; as described in the proof of publication, Sam Carr on behalf of the owners, WEAT Land II Partners.

Under discussion, Commissioner Morris said he doesn’t think the motion justifies the legal basis that the Board is not going to end up in court and lose. He said Attorney Fitzgerald has done a very good job in citing the Code. He thinks the requirements of staff were met by the applicant. They are looking at a situation that may give them great pleasure for this moment, but they are going to look at a situation that a court is going to look at and reject. Then what will happen is that the development order with all these agreements to protect the residents will go away. He thinks this is a very substantial agreement. He said he does not believe the Board has findings to justify the actions.

Commissioner McLain stated Commissioner Morris makes some very valid points. He thinks the issue is if they were to go to court, the Board would be on questionable ground. He said this is an area where they have seen dramatic problems with student housing. He thinks the District Commissioner said there were not enough safeguards to justify going to multi-family. In this case, the District Commissioner has attended meetings and is knowledgeable about what is going on in the area. He thinks that is important, and unless the safeguards are there, the Board should follow the District Commissioner’s recommendation.

Chairman Henley stated he agrees. He said this Board is repeatedly faced with neighborhood after neighborhood of people who want no more, but that is not evidence. He said he believes it is important to prove to the people that the Board can’t arbitrarily turn down something without the findings that will stand the legal test. He agrees they are on very shakey ground for doing that here. He also agrees the Board does have the right to put more stringents on the owner. He thinks grounds have been laid tonight regardless of what their opinions are.

Discussion continued by Commissioners McLain and Morris.

Districts 1, 4, and 5 voted AYE.

Commissioner Morris voted NAY.

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There being no further business to come before the Board, the meeting was adjourned at 9:35 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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