BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 13, 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, June 13, 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) (Late)

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)

Reverend Greg Freeman, Wekiva Assembly, gave the Invocation.

Commissioner McClain led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

Commissioner Maloy entered the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-117, as shown on page _______, encouraging the Florida Legislature to adopt a primary enforcement provision to the State's Safety Belt Use Law.

Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER'S BRIEFING

Tom Hunt, Chairman of the Economic Development Commission of Mid-Florida, addressed the Board to express his appreciation

to the Board for their support of the EDC. He introduced Darrell Kelley.

Darrell Kelley, CEO of the Economic Development Commission of Mid-Florida, addressed the Board to present the Seminole County Update FY 99/00 (copy received & filed). He gave an overview of the EDC's vision and mission statement. He advised regional initiatives are the following: Workforce Development Study, High Tech Strategic Plan, and the Vision 20/20 Campaign. He explained that EDC has partnered with Workforce Central Florida for this first comprehensive workforce study in the region. He said the purpose of this study is to analyze the past workforce trends, obtain an indication for the future, evaluate challenges from employer and employee perspective, and recommend training and recruitment programs. He further stated that this study will wrap up this month and they will introduce it on a county-by-county basis through the various chambers of commerce.

Mr. Kelley gave the following highlights for Seminole County: (1) The only Metro Orlando county with an average per capita income level above the national average - 103.1%; (2) The highest labor force participation rate in the region - approximately 89%; (3) The highest level of entrepreneurial employment - 19.1% of total employment; and (4) 92% placement for SCC graduates of Associate of Science degree programs. He advised the High Tech Strategic Plan is a study funded by the City of Orlando and Orange County and the goal is to create an economy that promotes entrepreneurship and attracts expanding high tech operations to the Metro Orlando region. The high tech study will analyze a semiconductor site somewhere in the region. It will also analyze existing high tech clusters and recommend a high tech marketing plan. He briefly reviewed vision 20/20. He said EDC is not asking for any additional funding because they are trying to raise additional monies through the private sector.

Tracy Grygiel, Seminole County Director, addressed the Board to give an overview of activities and projects in Seminole County for the period FY 99/00. She advised the following companies have moved into the County: ABB Power T&D Company, Adams Building Material, America LaFrance/Medic Master, South Sport Trailers, and the Closet Factory. She also advised of the following prospects: Investment & securities operations center in Lake Mary/Maitland; Airline-related manufacturer in Sanford; Graphic design/digital printing company in Lake Mary; Internet-based company expansion in Altamonte Springs; and High tech company expansion in Sanford. Qualified Target Industry Tax Refunds are in the amount of $525,000; Transportation Fund Grants are $151,000; and other local awards are $367,000. She briefly reviewed MOIAC Activity, the Film Commission Activity, and upcoming events.

Commissioner Morris complimented Mr. Kelley & Mr. Hunt for the effort they have made during the last couple of years in changing the course of the EDC.

Mr. Kelley stated this is a partnership and occasionally they do need to have commissioners interface with a client and to attend a public forum to tell the regional story.

Chairman Henley stated he believes Mr. Kelley and Mr. Hunt are going in the right direction. He expressed his thanks to them and Ms. Grygiel for this update.

COUNTY ATTORNEY'S REPORT

Consent Agenda

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

Litigation

1. Authorize payment of attorneys’ fees and costs in supplemental proceeding relating to Parcel Number 136, vacant land located at corner of County Road 46A and Oregon Avenue, Lake Mary, of the County Road 46A Phase II road improvement project, in the amount of $19,000.00 after condemnation was settled, Lake Mary Partnership, Ltd. property.

2. Approve proposed settlement relating to Parcel Numbers 115.5A, 115.5B, and 115.5C located on Old Chuluota Road and Parcel Number 119.5, located on Washington Street, Chuluota, of the Chuluota Bypass road improvement project, in the amount of $71,358.00 exclusive of attorneys’ fees and costs. Authorization to negotiate and settle liability for legal fees and costs up to $5,000 and expert fees and costs up to $20,000.00, Mercerdees L. Murrell property.

First Written Offers/Offers of Judgment

3. Authorize first written offer and offer of judgment relating to Parcel Numbers 103 of the Lake Mary Boulevard, Phase III road improvement project in the amount of $254,400.00, exclusive of attorney’s fees and costs, Lennar Homes, Inc. property.

Districts 1, 2, 4 and 5 voted AYE.

COUNTY MANAGER'S REPORT

Consent Agenda

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

Environmental Services

Business Office

5. Authorize release of Maintenance Agreement and Irrevocable Letter of Credit #S145688 (First Union Bank) in the amount of $6,323.60, water and sewer for the Heathrow Tract 29 – Phase I – Keenwicke II Project.

6. Authorize release of Maintenance Agreement and Irrevocable Letter of Credit #SA84703095 (Nations Bank of Georgia, N.A.) in the amount of $3,560.30, water for the Bear Lake Woods Phase II Project.

Planning/Engineering/Inspection

7. Approve and authorize Chairman to execute the Amendment to Exhibit "G" Sewer Agreement, as shown on page ________, for the Lakeview Club Apartments Project.

8. Approve and authorize Chairman to execute the FDEP Sovereign Submerged Land Use Agreement, as shown on page _________, in conjunction with County Project FC-194-99/BJC McCulloch Road 20-inch Force Main.

Solid Waste

9. Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Clifton Waste Services, Inc.

10. Approve and authorize Chairman to execute Application, as shown on page ________, for Solid Waste Litter Control and Prevention Grant Application.

11. Approve and authorize Chairman to execute Application, as shown on page ________, for Solid Waste Recycling and Education Grant Application, Part One.

12. Approve and authorize Chairman to execute Application, as shown on page ________, for Solid Waste Tire Grant Application.

Fiscal Services

Budget

13. BCR #00/109 - $75,000 – Environmental Services – Solid Waste: Fund 40201 – Solid Waste Fund. Transfer to cover anticipated equipment rental and lease costs for remainder of fiscal year. Unanticipated costs were incurred for temporary trailers that were rented pending receipt of County purchased road tractors after funds had been transferred to make capital payments on the new tractors.

14. BCR #00/111 - $6,790 – Public Safety – Medical Quality Assurance and Education: Fund 11800 – EMS Trust Fund. Transfer to redesignate the carry forward 98/99 budget for the purchase of AVL Systems for the City of Casselberry and place funds in the proper account line for disbursement.

15. BCR #00/112 - $15,614 – Public Safety – Emergency Management: Fund 11908 – Disaster Preparedness Fund. Transfer to cover upcoming staff certifications and purchase a portion of the video conferencing equipment for the Emergency Operations Center.

16. BCR #00/113 - $119,000, Economic Development: Fund 13300, 17/92 CRA Fund. To provide funding for the installation of mast arms for traffic signals at intersections of US 17/92 and 1st, 3rd, and 13th Streets. BCC approved on 3/28/2000.

17. BCR #00/114 - $1,178, Fiscal Services, Budget: Various Funds. To increase funding for payments made to the Tax Collector based upon higher tax collections (and therefore fees) than had been anticipated at the time the budget was prepared.

18. BCR #00/115 - Capital Redesignation, Public Works/ Engineering: Fund 10101, Transportation Trust Fund. Redesignate funds to purchase an electronic digital level with savings realized from another capital purchase. The cost of the level is $4,700.

19. BCR #00/116 - Capital Redesignation, Environmental Services/Solid Waste: Fund 40201, Solid Waste Fund. Redesignate funds for the purchase of a new Caterpillar 966F, with waste disposal protection package, to manage solid waste at the Central Transfer Station. The current machine has more than 10,000 hours on it and needs to be replaced. The expected optimum operating life of a loader in a transfer station environment is 8,000 to 10,000 hours. Fleet Services concurs with this purchase.

20. BCR #00/117 - $103,600, Public Works/Stormwater: Fund 13000, Stormwater Fund. The lowest bid for the Longwood/Lake Mary Road cross drain replacement project was greater than budgeted. Funds are available from other capital projects.

21. BCR #00/118 - $75,000, Administrative Services/ Administration: Fund 31800, Facilities Capital Improvements Fund. Additional funds are needed to cover costs associated with fees incurred by pursuit of a remedy on the Sheriff’s Office/Public Safety building. Funds will cover attorney’s fees, consultants and expert witnesses.

22. Adoption of appropriate Budget Amendment Resolution #2000-R-118, as shown on page ________, in the amount of $40,000, Economic Development, 17/92 Redevelopment Trust Fund. To recognize receipt of a contribution from the City of Sanford of $40,000 to assist in the installation of mast arms at 1st Street intersection.

23. Adoption of appropriate Budget Amendment Resolution #2000-R-119, as shown on page ________, in the amount of $26,318, Disaster Preparedness/Disaster Preparedness Fund. The State Division of Emergency Management increased the Disaster Preparedness Base Grant Agreement from $103,856 to $130,174 for an increase of $26,318. This increase represents additional funds awarded by the State from 98/99 carry-forward funds.

24. Adoption of appropriate Budget Amendment Resolution #2000-R-120, as shown on page _______, in the amount of $111,557, Engineering/Infrastructure Tax Fund. The Seminole County School Board will provide a contribution of $111,557 toward an access road to Sabal Point Elementary School as part of the Wekiva Springs Road project.

MSBU

25. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Alain A. & Coralys N. Requena, for the Orlando/Brassie Road Improvement Taxing District.

26. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Annie H. Tresca, for the Black Hammock Phase II Water Service Municipal Services Benefit Unit (MSBU).

27. Adoption of appropriate Resolution #2000-R-121, as shown on page _______, establishing the Annual Maintenance Assessments for the Lake Pickett Aquatic Weed Control, Howell Creek Aquatic Weed Control, and Cedar Ridge Landscape Maintenance Municipal Services Benefit Units.

Purchasing

28. Award FC-1111-00/BJC, as shown on page ________, Culvert Replacement and Paving improvements to Longwood Lake Mary Road at Lake Mary High School and Replacement of an Undersized Culvert Pipe and Roadway Widening of Longwood Lake Mary Road at Soldiers Creek Construction Project, to Hewitt Contracting Company, Inc., Leesburg ($442,764.80).

29. Award FC-1113-00/BJC, as shown on page _______, Consumers Water Treatment Facility Chlorine Building Modifications, to Control Engineering Group, Inc., Apopka ($119,000.00).

30. Approve Amendment #11, as shown on page ________, to FC-317-95/BJC, HVAC Maintenance and Repair Agreement, with Carrier Corporation, Orlando ($458.72).

31. Accept and authorize the Chairman to execute the Certificate of Completion for FC-170-99/TLC, as shown on page ________, Midway Paving and Drainage Improvements (Church Street, Center Street, Water Street and Randall Street), with Cathcart Contracting Co., Inc., Oviedo.

32. Approve ranking for PS-557-00/BJC, Construction Engineering and Inspection Services for Public Works Projects with an estimated construction cost of less than $500,000.00; authorize negotiations and award Master Agreements, as shown on page _______, to HDR Construction Control, Winter Park; and Metric Engineering, Winter Park (Not-to-Exceed $400,000.00 per year).

33. Approve ranking for PS-558-00/BJC, Engineering and Professional Services for Reclaimed/Reuse Water System Improvements and Operations; authorize negotiations and award Master Agreements, as shown on page ________, to Blount Sikes & Associates, Orlando; CPH Engineers, Sanford; Camp Dresser & McKee, Maitland; and PBS&J, Winter Park (Not-to-Exceed $200,000 per year).

34. Approve ranking for PS-559-00/BJC, Engineering and Professional Services for Wastewater Treatment Plant Improvements and Operations; authorize negotiations and award Master Agreements, as shown on page ________, to Camp Dresser & McKee, Maitland; CPH Engineers, Sanford; Parsons Engineering Science, Tampa; and PBS&J, Winter Park (Not-to-Exceed $200,000 per year).

35. Approve ranking for PS-560-00/BJC, Engineering and Professional Services for Water Treatment Plant Improvements and Operations; authorize negotiations and award Master Agreements, as shown on page ________ to CPH Engineers, Sanford; Malcolm Pirnie, Maitland; Parsons Engineering Science, Tampa; and PBS&J, Winter Park (Not-to-Exceed $200,000 per year).

36. Approve ranking for PS-561-00/BJC, Engineering and Professional Services for Wastewater Collections System Improvements and Operations; authorize negotiations and award Master Agreements, as shown on page ________, to CPH Engineers, Sanford; Blount Sikes & Associates, Orlando; Inwood Consulting Engineers, Orlando; Professional Engineering Consultants, Orlando; and PBS&J, Winter Park (Not-to-Exceed $575,000 per year).

37. Approve ranking for PS-562-00/BJC, Engineering and Professional Services for Water Distributions System Improvements and Operations; authorize negotiations and award Master Agreements, as shown on page _______, to CPH Engineers, Sanford; Blount Sikes & Associates, Orlando; Inwood Consulting Engineers, Orlando; Ivey, Harris & Walls, Winter Park; and Professional Engineering Consultants, Orlando (Not-to-Exceed $550,000 per year).

38. Approve ranking for PS-563-00/BJC, Engineering Financial Services for Water, Wastewater and Reclaimed/Reuse; authorize negotiations and award Master Agreements, as shown on page _______, to Black & Veatch, Orlando; Hartman & Associates, Orlando; Malcolm Pirnie, Maitland; and PBS&J, Winter Park (Not-to-Exceed $75,000 per year).

39. Approve Amendment #1 to Work Order #40, as shown on page ________, to PS-364-96/BJC, Soil and Materials Testing for Phase I, River Ridge Condominium Condition Survey and Phase II, Weathersfield Avenue Erosion Control and Sedimentation, with Ardaman & Associates, Inc., Orlando (Time Extension).

40. Approve First Renewal to A/B-349/JVP, Roadway Markings, with Fausnight Stripe & Line, Inc., Winter Springs (June 23, 2000 through June 22, 2001) (Not-to-exceed $546,350.00).

Planning & Development

Administration

41. Approve and authorize Chairman to execute Satisfaction of Mortgage, as shown on page _______, for Kelmit J. Otero & Tamaries Mestre for down payment assistance in the amount of $2,825, under the SHIP Program’s Home Ownership Assistance Program.

42. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page ________, with the Sanford Airport Authority relating to the purchase of a Conservation Easement on the Tilden Groves property.

43. Approve and authorize Chairman to execute an Amendment, as shown on page ________, to the current Agreement with the Greater Seminole County Chamber of Commerce, Inc. to increase the level of subsidies for down payment assistance.

44. Approve and authorize Chairman to execute Joint Acquisition Agreement, as shown on page _______, with Lowe’s Companies, Inc. relating to the joint purchase of the Segrest property (Natural Lands Program).

45. Approve and authorize Chairman to execute Joint Acquisition Agreement, as shown on page _______, with Oviedo Self Storage relating to the joint purchase and conservation easement on the Markowicz property (Natural Lands Program).

Development Review

46. Approve Final Plat for Markham Oaks West; property at the west end of Cedar Court in the Markham Oaks Subdivision, located on the west side of Markham Woods Road south of its intersection with Longwood Markham Road (Clark Development Company).

47. Adoption of appropriate Resolution #2000-R-122, as shown on page _______, accepting Warranty Deed, as shown on page ________, for land donated as right-of-way on Church Street, at 3872 Church Street, from Lumber Team Land Trust; and approve cancellation of property taxes on the land.

Public Safety

Medical Quality Assurance & Education

48. Approve and authorize Chairman to execute renewal of Emergency Medical Services Certificates of Public Convenience and Necessity for Orlando Regional Healthcare Systems Inc., Rural Metro Corporation and Florida Hospital EMS.

Public Works

Engineering

49. Adoption of appropriate Resolution #2000-R-123, as shown on page ________, accepting QuitClaim Deed, as shown on page ________, from Martha J. Ruffin (f/k/a Martha J. Hallock) to Seminole County for property necessary for the continued maintenance of Lake Cochran Road, a/k/a Cochran Road.

50. Adoption of appropriate Resolution #2000-R-124, as shown on page _________, accepting QuitClaim Deed, as shown on page _________, from Larry Otis and Sheila R. Sledge to Seminole County for property necessary for the continued maintenance of Lake Cochran Road, a/k/a Cochran Road.

Stormwater

51. Approve and authorize Chairman to execute the Seminole County/William H. Young Joint Facilitation of Public Infrastructure Agreement, as shown on page ________, for the Myrtle Lake Emergency Outfall Pipe System.

52. Approve and authorize Chairman to execute the Agreement, as shown on page _________, between the St. Johns River Water Management District and Seminole County for the Little Econlockhatchee River – Crane Strand System Retrofit Project & Stormwater Park.

Districts 1, 2, 4 and 5 voted AYE.

Regular Agenda

Director of Environmental Services, Bob Adolphe, and Solid Waste Manager, David Gregory, addressed the Board to request direction with regard to processing recyclables. Copies of Memo dated June 8, 2000 and Memo dated June 12, 2000 regarding recycling were received and filed.

Mr. Gregory advised staff wants to take a step back and review all the County's options with regard to the recycling process. He stated Orange County has indicated they would be willing to take the County's recyclables for a short term, which would give staff time to analyze those options.

Commissioner McLain stated it is clear that the Small Materials Recycling Facility (SMRF) is not one the County can count on with regard to being a revenue source. He further stated that he believes the County has missed opportunities in the past to partner with the private sector and have them assume the risk and liability with regard to recyclables. He suggested allowing the haulers to take the recyclables where they want rather than making them bring them to the County's landfill.

Mr. Gregory stated there may be legal ramifications with regard to that.

County Attorney, Robert McMillan, advised he can look into this and report back to the Board.

Commissioner McLain stated he does not believe the Board should move forward with an RFP until they get clearer answers. He further stated that he believes it makes sense to suspend the SMRF operations and have the recyclables hauled to Orange County; however, he would prefer to see the RFP held until the Board has a clear understanding of what they are required to do.

Motion by Commissioner McLain, seconded by Commissioner Morris, to authorize staff to negotiate a short-term agreement with Orange County for Orange County to accept and process Seminole County recyclables for a period not to exceed 18 months.

Districts 1, 2, 4 and 5 voted AYE.

The Board, by unanimous consensus, agreed to defer action on the request to develop a Request for Proposals and soliciting proposals to process Seminole County materials.

County Manager, Kevin Grace, suggested bringing this back to the Board during a Briefing.

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Senior Planner, John Omana, addressed the Board to present the Preliminary Subdivision Plan for Greystone Sudivision located west of Alafaya Trail and north of McCulloch Road, LLC/Jeff Dodson.

Chairman Henley advised of receipt of a letter (copy received & filed) from Susan Eberle requesting denial of the plan.

Mr. Omana advised the project consists of 22 single-family residential lots on 9.45 acres. The applicant is also requesting a reduction of lot depth for double frontage lots from 150 feet to approximately 130 feet. The staff does not object to the variance request subject to a six-foot high masonry wall along all lots fronting McCulloch Road. He further advised that the Planning & Zoning Commission recommended approval by a 5-1 vote.

Development Review Manager, Mahmoud Najda, addressed the Board to advise the staff reached an agreement with the applicant to expand the retention pond.

Upon inquiry by Chairman Henley, Mr. Najda advised the proposed location of the retention pond is the best location on the site. He added the pond will hold a 100-year storm event.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve the Preliminary Subdivision Plan for Greystone Sudivision located west of Alafaya Trail and north of McCulloch Road, LLC/Jeff Dodson; and to approve reduction of lot depth for double frontage lots from 150 feet to approximately 130 feet, subject to the installation of a six-foot high masonry wall along all lots fronting McCulloch Road.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Morris left the meeting at this time.

Planner, Matt West, addressed the Board to present request to vacate and abandon the most westerly five feet of the platted 15-foot wide utility easement, less the most northerly 58 feet and southerly 73 feet thereof, for Lot 17, Forrest Creek Estates, Neil and Renee Morrison. He advised staff does not object to the request.

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-126, as shown on page ________, vacating and abandoning the most westerly five feet of the platted 15-foot wide utility easement, less the most northerly 58 feet and southerly 73 feet thereof, for Lot 17, Forrest Creek Estates, Neil and Renee Morrison.

Districts 1, 4 and 5 voted AYE.

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Mr. West presented request to vacate and abandon the northerly five feet of the 15-foot utility easement on the rear lot line of Lot 39 Tiffany Woods, less and except the westerly five feet thereof and the easterly five feet thereof; for property located at 4617 Tiffany Woods Circle in the Tiffany Woods Subdivision on the east side of Tuskawilla Road and south of Dike Road, Teresa A. Kruczek. He advised the request is to allow the applicant to screen the existing pool. He added that staff does not object to the request.

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-125, as shown on page ________, vacating and abandoning the northerly five feet of the 15-foot utility easement on the rear lot line of Lot 39 Tiffany Woods, less and except the westerly five feet thereof and the easterly five feet thereof; for property located at 4617 Tiffany Woods Circle in the Tiffany Woods Subdivision on the east side of Tuskawilla Road and south of Dike Road, Teresa A. Kruczek.

Districts 1, 4 and 5 voted AYE.

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Planner, Gary Schindler, addressed the Board to present the Final PCD Site Plan and Developer's Commitment Agreement for Aloma Self Storage Warehouses located on the west side of SR 426 (Aloma Avenue), 1000 feet north of Mikler Road, requested by George Viele on behalf of Richard Oswald and Eileen Oswald. He advised staff recommends approval.

Motion by Commissioner Maloy, seconded by Commissioner McLain to approve the Final PCD Site Plan and Developer's Commitment Agreement for Aloma Self Storage Warehouses located on the west side of SR 426 (Aloma Avenue), 1000 feet north of Mikler Road, requested by George Viele on behalf of Richard Oswald and Eileen Oswald.

Districts 1, 3, 4 and 5 voted AYE.

Commissioner Morris re-entered the meeting at this time.

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Director of Information Technologies, Chris Grasso, addressed the Board to present request to approve H.T.E. Contract Amendment, including assimilation of existing employees employed by H.T.E. to Seminole County into available positions. He advised this will realign the focus to a software and licensing agreement.

Chairman Henley stated this entails purchasing two vehicles. Mr. Grasso advised the two vehicles will be used to transport computers.

Upon inquiry by the Chairman, the Fleet Manager addressed the Board to advise all 26 County vehicles are already in use on a daily basis.

Commissioner Morris commended County and H.T.E. staffs for negotiating this contract amendment.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve H.T.E. Contract Amendment, as shown on page _______, to eliminate the outsourcing relationship including the assimilation of existing employees employed by H.T.E. to Seminole County into available positions identified in the Organization Chart; approve Budget Change Request in the amount of $408,662 in order to move funds into the correct account lines; and to approve list of positions as identified in the Organization Chart.

Districts 1, 2, 4 and 5 voted AYE.

CLERK'S REPORT

Consent Agenda

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

1. Expenditure Approval Lists, as shown on page _______, dated May 9, 16, 23 & 30, 2000; and Payroll Approval List, as shown on page ______, dated May 20, 2000.

2. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:

Grover Ray Clemmons & Roche Surety, #99004645CFA - $2,038

Carl Edward Griffin & Accredited Surety, #00000631MMA - $2,038

Eduardo V. Delbusto & Accredited Surety, #99001491CFA - $2,538

3. Chairman to execute Satisfaction of Judgment for Code Enforcement Lien for Kimberly Garrison, #99-05A-CEB in the amount of $1,670.

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

Patricia E. McClure, #99003537CFA - $40/Public Defender Application Fee

Wilfredo Baez, #99013753MMA - $40/Public Defender Application Fee

Frankie Heard, #99001620MMA - $40/Public Defender Application Fee

Wayne A. Connelly, #99004176CFA - $40/Public Defender Application Fee

Dennis Bryan McGeehan, #99008956MMA - $40/Public Defender Application Fee

Virgil Jerome Hillsman, #99003205CFA - $40/Public Defender Application Fee

Carlos Rafael Ortiz, #99004051CFA - $40/Public Defender Application Fee

Lushienda R. Butts, #99002579CFA - $40/Public Defender Application Fee

Bernard Crumedy, #99002556CFA - $40/Public Defender Application Fee

Ian Gabriel Keller, #99000075CFA - $40/Public Defender Application Fee

Stacy May Stuart, #99002957CFA - $40/Public Defender Application Fee

Kevin M. Moore, #99002338CFA - $40/Public Defender Application Fee

Terry David Murkey, #99007337MMA - $40/Public Defender Application Fee

Randall Travis Mast, #97004228CFA - $40/Public Defender Application Fee

Rochelle Davis, #98001575CFA - $40/Public Defender Application Fee

Pedro Galindo-Castile, #00001440MMA - $153/Court Costs

Question Keller, #00001518MMA - $153/Court Costs

Stephen Peck, #99003872MMA - $153/Court Costs & $40/Public Defender Application Fee & $14.90/Interest

Rufus Thompson Carter, #98004306CFA - $328 Court Costs

5. Approval of Official Minutes dated May 9, 2000.

Districts 1, 2, 4 and 5 voted AYE.

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

1. Notice of Commission Hearing & Prehearing from PSC RE: Review of proposed numbering plan relief for the 305/786 area code/Dade County & Monroe County/Keys Region.

2. Change Order #3 to FC-158-98, as shown on page ________, Consumer Water Treatment Plant.

3. Change Order #4 to FC-134-98, as shown on page _______, Wharton-Smith, Inc.

4. Change Orders #1 & 2 to FC-192-99, as shown on page _______, Lake Mills Road.

5. Development Orders, as shown on page _______, for Harling Locklin/Rose Rezone; Nancy Rossman PCD; and Rink Development Rezone.

6. First Amendment to W.O. #10 and Work Order #14 to PS-538-99, as shown on page _______, MRI Architectural Group, Inc.

7. Work Orders #6 & #14 to PS-522-98, as shown on page ________, Herbert Halback, Inc.

8. Work Order #6 to RFP-471, as shown on page ________, Pomeroy Appraisal Assoc.

9. Work Order #7 to RFP-471, as shown on page ________, Diversified Property Specialists, Inc.

10. Work Order #1 to RFP-464, as shown on page ________, Shutts & Bowen LLP.

11. M-159-00/BJC Appraisal Services Agreement, as shown on page _______, with Clayton, Roper & Marshall.

12. Work Order #13 to PS-532, as shown on page ________, Tinklepaugh Surveying Services, Inc.

13. Work Order #3 to RFP-451, as shown on page ________, The Triece Company.

14. Work Order #5 to RFP-443, as shown on page ________, GLE Associates, Inc.

15. First Amendment to M-119-99/BJC, as shown on page _________, Boyd Environmental Engineering, Inc.

16. Work Orders #26 & #27 and First Amendment to Work Order #9 to PS-518, as shown on page ________, Inwood Consulting Engineers, Inc.

17. M-146-00/BJC Construction Contract Agreement, as shown on page ________.

18. M-152-00/BJC, as shown on page ________, Clayton, Roper & Marshall, Inc.

19. M-144-00/BJC, as shown on page ________, Bailey Engineering Corp.

20. M-145-00/BJC, as shown on page ________, David Wickham & Assoc.

21. M-150-00/BJC, as shown on page ________, Environmental Drilling Services, Inc.

22. Work Order #3 to PS-516, as shown on page ________, Conklin, Porter & Holmes Engineering.

23. Work Order #14 & #15 to PS-532, as shown on page ________, Bowyer Singleton & Assoc.

24. Work Order #5 to PS-543, as shown on page ________, Geotechnical Professional Assoc.

25. Work Order #5 to RFP-456, as shown on page ________, Aerial Cartographics of America.

26. Termination of RFP-476-99/JVP, as shown on page ________, Motorola, Inc.

27. Maintenance Bonds, as shown on page _______, for Berington Club Phase 3 in the amounts of $18,997.31 and $10,168.54.

28. Maintenance Bond, as shown on page ________, for Estates of Pinewood in the amount of $6,055.

29. Maintenance Bond, as shown on page _______, for Majestic Cove.

30. Copies of Letters, as shown on page ________, from Bruce Paster, Utilities Manager, accepting water & sewer in the following: Alaqua Lakes Ph. V, Bear Stone, and Cedar Glen of Aloma Woods.

31. Notice of Satisfaction of Connection Fees, as shown on page ________, for Adcock Warehouse, Lot 6, Orange Blossom Business Center.

32. Bill of Sale, as shown on page _______, for water & sewer in Aloma Woods Phase 6.

33. Bill of Sale, as shown on page _______, for water & sewer in Alaqua Lakes, Phase V.

34. Conditional Utility Agreements, as shown on page _______, for Holy Cross Lutheran Church of Lake Mary, Inc.

35. Title Certification, as shown on page _______, for Estate of Pinewood.

36. Annual Report for 1999 for the Central Florida YMCA.

37. Copy of Page 2 of M-46-98, as shown on page ________, which was not submitted with original on October 13, 1998.

38. Executive Order, as shown on page ________, Declaring State of Local Emergency & Establishing Fire Prevention Regulations dated May 17, 2000.

39. Copy of Memorandum from Nancy Roberts, Senior Planner, RE: revisions to Chuluota Nonresidential Design Standards Zoning Overlay Ordinance.

40. Letter from St. Johns River Water Management District enclosing list of equipment declared surplus.

41. Proposed Budget for FY 2000/01 for the Dovera Community Development District.

42. Copies of Letters from Ginny Markley, Zoning Coordinator, RE: Board of Adjustment action to the following: Karl Herleman, Amy Hewett, Laura Belflower, Rob Walsh, Norman & Alice Farmer, Michael Kendrick, Alain & Jennean Smets, Marc Parramoure, W. Paul Chandler, Marshall & Leigh Doney, Charles A. Jaap, Jr., Joe Becker, Laura Belflower, Nextel Communications, Derek Powell, David J. Kosobucki, and David J. Kosobucki (Nextel).

43. Bids for: PS-567, #DB-604, PS-558, PS-559, PS-560, PS-561, PS-562, PS-563, PS-565, FC-1110-00, FC-1111-00, #390-00/GG, and FC-1113-00.

SHERIFF'S OFFICE

Consent Agenda

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Budget Amendment Resolution #2000-R-127, as shown on page ________, in the amount of $1,380,171 – Sheriff’s office: Fund 00101/General Fund. The Seminole County Sheriff’s Office, by legislative approval, has received notification that $2.6 million has been appropriated for the Sheriff to begin transitioning Child Protective Service Investigations from the Department of Children and Families (DCF). The Seminole County Sheriff’s Office requests approval by the Board of County Commissioners to process the necessary Budget Amendment Request to increase the Sheriff’s current operating budget for anticipated program costs of $1,380,171 through 9-30-00. This funding provides personal services for 28 staff members and capital outlay funding for all 44 positions anticipated. Continual annual funding from the State is anticipated. No cash match is required for this program.

Upon inquiry by Chairman Henley, Director Penny Fleming, of the Sheriff's Office, addressed the Board to advise the contract is subject to State funding.

Districts 1, 2, 4 and 5 voted AYE.

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The Board, thereupon, recessed at 10:57 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exceptions of Commissioner Morris (who entered late), and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

VACATE AND ABANDON

DESIGN SERVICES GROUP, INC.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to authorize the filing of the proofs of publication for today’s public hearings.

Districts 1, 4, and 5 voted AYE.

PUBLIC HEARINGS

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a portion of an unnamed 30-foot platted right-of-way lying adjacent and contiguous to Blocks 7 and 8, Town of Monroe; right-of-way lies north of School Street, 300 feet west of County Road 15 (Design Services Group, Inc.), received and filed.

Matt West, Principal Planner stated the applicant is requesting this vacate so that the blocks on each side of the right-of-way can be joined together into one development. He advised that staff does not object. Letters from all pertinent utility companies stating they have no objections have been received.

Jim Barton, Design Service Group, Inc., representing the applicant, addressed the Board to answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #2000-R-128, as shown on page __________, vacating and abandoning a portion of an unnamed 30-foot platted right-of-way lying adjacent and contiguous to Blocks 7 and 8, Town of Monroe; right-of-way lies north of School Street, 300 feet west of County Road 15; as described in the proof of publication, Design Services Group, Inc.

Districts 1, 4, and 5 voted AYE.

REZONE FROM R-3 TO R-1

MARK BESSETTE ON BEHALF OF HUGH AND SYLVIA McCUBBIN

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from R-3 (Multiple Family Dwelling) to R-1 (Single Family Dwelling); property located on the west side of Langford between 6th Street and 7th Street in Chuluota, Mark Bessette on behalf of Hugh and Sylvia McCubbin, received and filed.

Gary Schindler, Senior Planner stated staff has no objections to the requested rezoning which is to allow for construction of a single family residence on one of the lots. He explained that, currently, there is a single-family residence on the property and it will be removed and a new structure rebuilt on the lot.

Applicant, Mark Bessette, addressed the Board to state he concurs with staff.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to enact Ordinance #2000-29, as shown on page __________, rezoning from R-3 (Multiple Family Dwelling) to R-1 (Single Family Dwelling); property located on the west side of Langford between 6th Street and 7th Street in Chuluota; as described in the proof of publication, Mark Bessette on behalf of Hugh and Sylvia McCubbin.

Districts 1, 4, and 5 voted AYE.

REZONE FROM A-1 TO C-2

WILLIAM KIRCHHOFF

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to C-2 (Retail Commercial); property located on the north side of US Highway 17-92 adjacent to and west of I-4 in Sanford, William Kirchhoff, received and filed.

Mr. Schindler stated Mr. Kirchhoff has provided an environmental report that states the subject property is Arent (man-made) land and is not extensively covered with wetlands. He said staff has reviewed the report, but found that it does not provide any evidence to substantiate this conclusion. He stated staff has prepared an analysis of the site and determined that the property includes extensive wetland coverage. The staff analysis supports the requested rezoning only for the portion of the subject property that is not classified as jurisdictional wetlands. Mr. Schindler said if the property is wetlands, then it is assigned the Conservation Land use designation and that designation does not permit commercial zoning classifications. He referenced the memorandum (copy received and filed) dated June 10, 1999, to the Board from Frances Chandler, Planning and Development Director, and Lonnie Groot, Deputy County Attorney at that time. He said staff is recommending enactment of the Ordinance to rezone the property and approval of the Development Order with the following staff-requested conditions upon the rezoning: (1) Any commercial development, including the outdoor advertising sign shall be located within the existing disturbed area of the property. Exact placement of the outdoor sign shall be accomplished during the site plan process and shall be done in a manner to disrupt the least amount of wetlands possible. The applicant shall provide the County with a legal description of the proposed sign location in conjunction with the application for a site plan; and (2) The remainder of the site remains subject to the provisions of the Conservation overlay land use designation and shall not be eligible to receive the benefit of the C-2 zoning classification as such remainder of the property may only be developed in a manner consistent with the terms and provisions of the Conservation overlay land use designation set forth in the Seminole County Comprehensive Plan.

Commissioner Morris entered the meeting at this time.

Bill Kirchhoff, applicant, addressed the Board to state yesterday he received the information which Mr. Schindler discussed today of the staff comments. He noted that the material was dated January 17, 1994. He referred to Page 6 of what he received discussing compatibility and stated the staff neglected to show that the adjacent property is zoned C-2 and has been so for over 20 years. He advised that the Planning & Zoning Commission approved this request with a vote of 5 to 1, without any restrictions requested by the staff. He said the purpose for the rezoning is for a sign location. He stated there was a sign on this property for over 50 years, but not in the same location where the planned sign is to be located. Mr. Kirchhoff said he is not sure where the sign will ultimately go. He is asking to have the property rezoned C-2 without any restrictions so that he can proceed to put it wherever it needs to go. He pointed out that for any commercial use, he would have to go to the St. Johns River Water Management District and the other appropriate agencies to get a use that is compatible for this property. He explained that staff is saying he will only be able to have four square feet of the property and they want a conservation easement for the rest of the property. He said staff wants him to sign putting a conservation easement over the rest of the property, but he can’t do that.

Mr. Kirchhoff showed a copy of the soil survey being used now and the old surveys (not received and filed). He explained the name change from Mae Bland to Arent meaning that the land consists of material dug from certain areas of different kinds of soil and it is material that has been brought in and filled. He said that is what this whole property is. He pointed out the location of the property. He said the property is within the 100 year flood plain, but the type of plants on the property are not of significance, according to the environmental assessment. He said the plants of significance (the cypress trees) are on the property already zoned C-2. He stated he needs the entire piece of property zoned C-2. He explained if he just gets the portion rezoned where the sign is to be located, when he goes to the State and is asked what else can be done with the property, and he says there can be no other commercial use, the State will turn down the request.

Upon inquiry by Commissioner Maloy, Mr. Kirchhoff said he is asking for the property to be zoned C-2 and not have a development order that is so restrictive. He said his attorney has not had a chance to review the development order because he just received it yesterday. Commissioner Maloy said, from reading the development order, it seems to have flexibility and would not limit Mr. Kirchhoff to one specific area for the sign. Mr. Kirchhoff said the way he interprets the development order, he is not limited as far as where the sign goes on the four square foot portion of the property, but the rest of the property could not be used for anything else.

Commissioner Morris suggested continuing the hearing until Mr. Kirchhoff’s attorney has had the opportunity to review the development order. The Board briefly discussed the continuance with Mr. Kirchhoff and Mr. Grace.

Commissioner McLain suggested continuing the public hearing to July 25, 2000.

Upon inquiry by Commissioner McLain, Mr. McMillan advised the property that is in the Conservation Land Use could not be rezoned. He said the issue seems to be whether the property is wetlands or not. He said he has never addressed the issue of man-made lands. Whereupon, Commissioner McLain asked him to look at how man-made lands affects the County policy on property that is wetlands or in the 100 year flood plain.

Chairman Henley suggested that staff also follow the suggestion by Commissioner Morris to get advice from the St. Johns River Water Management District and other sources and get all the data prepared to render a decision. He further suggested that as soon as staff gets any opinions, that these be shared with the applicant.

Commissioner McLain stated the Board isn’t any further today than the first time this was brought before the Board. He said when staff brings this back, the Board should have some definitive answers so they will know what they are doing and are not making zoning decisions on a questionable land, whether it’s wetlands or not.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris, to continue to July 25, 2000, at 1:30 p.m., or as soon thereafter as possible, the request to rezone from A-1 (Agriculture) to C-2 (Retail Commercial); property located on the north side of US Highway 17-92 adjacent to and west of I-4 in Sanford; as described in the proof of publication, William Kirchhoff.

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

COMMUNICATIONS AND/OR REPORTS

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

1. Facsimile dated 5/26/00 to BCC from Annette Madden re: Chapman Road issues. (cc: Co. Manager, Deputy Co. Manager [Marino], Public Works)

2. E-mail dated 5/25/00 to BCC from Michael Chambers re: Chapman Road issues. (cc: Co. Manager, Deputy Co. Manager [Marino], Public Works)

3. Memorandum dated 5/25/00 to BCC from Nancy Roberts, Sr. Planner re: Revision to the Chuluota Nonresidential Design Standards Zoning Overlay Ordinance. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Zoning Section Chief, Principal Planner, Assistant Co. Attorney, Commission Records)

4. Memorandum dated 5/24/00 to Sandy McCann, Recording Secretary from Kathryn Brown, Sr. Planner re: Submissions into Official Records. (cc: Co. Manager, BCC, Environmental Services Director)

5. Executive Order Declaring State of Local Emergency & Establishing Emergency Fire Prevention Regulations dated 5/26/00.

6. Copy of letter dated 5/26/00 to Miriam Bruce, Nelson & Company from Chairman re: Billboard issues. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development Director)

7. Facsimile dated 5/25/00 to BCC from Donald Bullen re: Chapman Road issues. (cc: Co. Manager, Deputy Co. Manager [Marino], Public Works)

8. Letter dated 5/22/00 to Chairman from Rod Love, District 7 Juvenile Justice Manager re: FY 2000/01 funding. (cc: Rex Uberman-Deputy Sec. for Operations, Debborah Dickerson-Chief of Operations, Teresa Ponchak-Chief of Operations, Elizabeth Vergara-Acting Program Administrator for Prevention & Victim Services, PAY Program Manager, BCC, Co. Manager, Deputy Co. Manager [Coto])

9. Letter dated 5/22/00 to BCC from Benjamin Ochshorn, Fla. Legal Services re: Support of title loan ordinance. (cc: Co. Manager, Deputy Co. Managers, Co. Attorney)

10. Copy of letter dated 5/23/00 to Mahmoud Najda, Development Review Manager (with attachment) from Aaron Gorovitz and Jacqueline Bozzuto, Lowndes Drosdick Doster Kantor & Reed re: Jamie Adley application. (cc: Jamie Adley, Janet Courtney, BCC, Co. Attorney, Assistant Co. Attorney, Zoning Chief, Sr. Planner-Dev. Review)

11. Memorandum dated 5/11/00 to BCC (with attached report) from David Medley, Community Assistance Manager re: FY 99/00 2nd Quarter Community Service Agency Report. (cc: Co. Manager, Deputy Co. Manager [Coto], Community Services Director, Fiscal Services Analyst)

12. Memorandum dated 5/23/00 to BCC (with attached job description) from Dick Thomas, Transportation Specialist re: Lynx Search Committee Meeting. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director)

13. Memorandum dated 5/23/00 to BCC from Kevin Grace, Co. Manager re: Fla. County/City Managers Association. (cc: Deputy Co. Managers)

14. Copy of letter dated 5/24/00 to Richard Wolfe from Bob Adolphe, Environmental Services Director re: Spring Hammock Mobile Home Park. (cc: BCC, Deputy Co. Manager [Marino], Assistant Co. Attorney, Utilities Manager)

15. Letter dated 5/23/00 to Kevin Grace, Co. Manager (with attached Ordinance #3561) from Janet Dougherty, City Clerk-City of Sanford re: Annexation. (cc: Property Appraiser, Planning & Development Director)

16. Copy of letter dated 5/22/00 to Keith White, Vice Mayor-City of Maitland (with attachments) from Congressman John Mica re: Commuter rail. (cc: BCC, Co. Manager, Deputy Co. Managers, Public Works)

17. Minutes of Seminole Co. Historical Commission Meeting 3/16/00 and 4/20/00.

18. Copy of memorandum dated 5/19/00 to Bill Carroll, Clerk of the Circuit Court-Internal Audit (no attachments provided) from Kevin Fall, Planning & Development Administration re: 5/11/00 request for information-Development Review Fund. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Co. Attorney, Fiscal Services Director)

19. Memorandum dated 5/17/00 to BCC from Mark Flomerfelt, Stormwater Manager, through James Marino, Deputy Co. Manager/Acting Public Works Director re: Water Advisory Panel Projects-Middle SJR Basin Water Resource Restoration Initiative. (cc: Co. Manager)

20. Memorandum dated 5/22/00 to BCC (with attached) from Craig Shadrix, Sr. Planner re: Seminole Estates Zoning Overlay. (cc: Planning & Development Director, Zoning Chief, Deputy Co. Managers, Deputy Co. Attorney)

21. Copy of letter dated 5/18/00 to Commissioner Grant Maloy (with attachments) from Keith Hulbert, Regional Manager-Florida Power re: West Chapman Road issues. (cc: BCC, Co. Manager, Co. Attorney)

22. Letter dated 5/19/00 to Kevin Grace, Co. Manager (with attached Ordinance #1122) from Cynthia Bonham, City Clerk-City of Oviedo re: Annexation. (cc: Property Appraiser, Planning & Development Director)

23. Letter dated 6/2/00 to Chairman from Jim Ward, Chair-Volusia County Council re: Regional Commissioners Forum. (cc: BCC, Co. Manager, Deputy Co. Managers)

24. Letter dated 5/31/00 to BCC from Corrine Olvey, Vice President-Baldwin Fairchild Cemeteries & Funeral Homes re: Rezoning of property at end of Shady Lane. (cc: Co. Manager, Deputy Co. Manager [Marino], Planning & Development)

25. Letter dated 6/1/00 to Chairman from Tyra Miller, Administrative Director-Property Appraiser re: Tentative Road Improvement District revenue estimate. (cc: Fiscal Services Director, BCC, Co. Manager, Deputy Co. Managers, Public Works)

26. Letter dated 6/1/00 to Chairman from Tyra Miller, Administrative Director-Property Appraiser re: Tentative Stormwater revenue estimate. (cc: Fiscal Services Director, BCC, Co. Manager, Deputy Co. Managers, Public Works)

27. Copy of letter dated 6/1/00 to Ken Roberts, Public Safety Director from Tyra Miller, Administrative Director-Property Appraiser re: Tentative Fire District revenue estimate. (cc: Chairman, Fiscal Services Director, BCC, Co. Manager, Deputy Co. Managers)

28. Letter dated 6/1/00 to Chairman from Tyra Miller, Administrative Director-Property Appraiser re: Tentative Seminole Co. Tax Roll revenue estimates. (cc: Fiscal Services Director, BCC, Co. Manager, Deputy Co. Managers)

29. Notice and agenda for 6/5/00 City of Oviedo Executive Session and Council meeting.

30. Executive Order declaring state of local emergency & establishing emergency fire prevention regulations signed 6/2/00.

31. Letter dated 5/30/00 to BCC from Mason Grower, III re: Chapman Road issues. (cc: Co. Manager, Deputy Co. Manager [Marino], Public Works, Co. Attorney)

32. Memorandum dated 6/1/00 to Chuluota Residents & Affected Property Owners from Nancy Roberts, Sr. Planner re: Proposed Chuluota Nonresidential Design Standards. (cc: BCC, Local Planning Agency, Co. Manager, Planning & Development Director, Assistant Co. Attorney, Ginger Corless-HHI, Binoy Panicker-HHI)

33. Memorandum dated 6/2/00 to BCC (with attached) from Dick Thomas, Transportation Planner re: Transit Service Study-Draft Outline. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director)

34. Memorandum dated 6/2/00 to Frances Chandler, Planning & Development Director (with attached Executive Order) from Kevin Grace, Co. Manager re: Enforcement of Emergency Fire Prevention Regulations. (cc: BCC, Deputy Co. Manager [Marino])

35. Notice and agenda for 6/5/00 Sanford Airport Authority Board meeting.

36. Letter dated 5/31/00 to The Honorable Katherine Harris-Fla. Department of State from Chairman re: Historic Preservation/Special Category Grant-Historic Sanford Memorial Stadium. (cc: BCC, Mayor Larry Dale-City of Sanford)

37. Memorandum dated 5/26/00 to Cindy Coto, Deputy Co. Manager and Jim Marino, Deputy Co. Manager from Chairman re: Public meeting facilities. (cc: BCC, Co. Manager)

38. Letter dated 5/31/00 to Alfred Defago, Ambassador of Switzerland, from Chairman re: Support for Swiss Honorary Consulate. (cc: BCC, Economic Development)

39. Letter dated 5/25/00 to Chairman from Dawn Steward re: Support for We Care Crisis Center. (cc: BCC, Co. Manager, Community Services Director)

40. Notice and agenda for 6/8/00 Disability Advisory Council.

41. Letter dated 5/26/00 to Chairman from Marty Wanielista, Dean & Professor-UCF re: Wayne Weinberg’s Appointment to College of Engineering & Computer Science. (cc: BCC, Co. Manager, Deputy Co. Managers)

42. Minutes from 5/11/00 Seminole Co. Parks & Recreation Advisory Board meeting.

43. Letter dated 5/26/00 to Chairman (with attached resolution) from Cindy Gennell, Council of Local Governments in Seminole Co. Chairperson re: Cable television usage. (cc: BCC, Co. Manager, Deputy Co. Managers, Information Services)

44. Contract for services, as shown on page __________, between Seminole Co. Parks & Recreation and the following: Gregory Reynolds (Scorekeeper Slow-Pitch), Phillip Crant (Umpire Slow-Pitch), Robert Gwizdala (Umpire Slow-Pitch).

45. Copies of letters dated 5/25/00 from Ken Roberts, Public Safety Director re: Appreciation for recent donation to the following: Robin Rennard, Tanya Black.

46. Memorandum dated 6/9/00 to BCC (with attachment) from Ginger Hoke, Sr. Greenways & Trails Planner re: Trails & Greenways Advisory Committee Appointment. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director)

47. Memorandum dated 6/9/00 to BCC from Ginger Hoke, Sr. Greenways & Trails Planner re: TEA-21 Grant. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Trails Program Manager-Engineering, Planner)

48. Letter dated 6/8/00 to BCC from Milagros Serrano, Big Brother Big Sisters of Central Fla. re: Support for local bench seating program. (cc: Co. Manager, Deputy Co. Manager [Coto])

49. Letter dated 6/9/00 to BCC (with attached Staff Recommendation) from Jennifer Brubaker, Sr. Attorney-Public Service Commission re: Investigation of possible over-earnings & application for approval of reuse project plan. (cc: Co. Manager, Deputy Co. Managers, Environmental Services Director, Division of Economic Regulation, Division of Records & Reporting)

50. Copy of letter dated 6/8/00 to Matt West, Principal Planner from Lonnie Groot, Shutts & Bowen re: Request for continuance. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Charles McGehee, Ken Wright, Meredith Harper, Scott Jacobson, Judy Stewart, Dave Mulholland, BCC Records)

51. E-mail to BCC from Karen Schroeder, Sunshine State Horse Council editor re: Support for Winter Miles purchase. (cc: Co. Manager, Deputy Co. Managers)

52. E-mail dated 6/10/00 to Kevin Grace, Co. Manager from Terrence Ames re: County Services. (cc: BCC, Roads Manager)

53. Letter dated 6/8/00 to Homeowners/Residents from Bill Carrico, Parks & Recreation Director-City of Lake Mary re: Public meeting 6/29/00 on Big Lake Mary proposed park. (cc: Co. Manager, Deputy Co. Managers, Planning & Development Director, Library Services Director)

54. Minutes from 4/13/00 and 4/26/00 Tourist Development Council meetings.

55. Public Notice 7-00 from US Coast Guard dated 5/26/00 re: Replacement bridges over St. Johns River at I-4. (cc: BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineer, Stormwater Manager)

56. Letter dated 6/8/00 to Chairman (with attachments) from Everette Huskey, President, Huskey Development Co. re: Sandy Lane Project. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Planning & Development Director)

57. Executive Order #2000-003 declaring state of local emergency.

58. Notice to abutting property owners dated 6/7/00 from Eunice Muir, Planning Technician-City of Lake Mary re: Home Occupation zoning approval. (cc: BCC, Planning & Development)

59. Copy of letter dated 6/5/00 to Jeff Harley from Colleen Rotella, Manager re: Spring Valley Farms. (cc: BCC)

60. Copy of letter dated 6/7/00 to Commissioner Daryl McLain from Larry Dale, Mayor-City of Sanford re: Request for fireworks funding. (cc: BCC, Co. Manager, Deputy Co. Managers)

61. Letter dated 6/1/00 to Chairman from Bill Suber, Sem. Co. Property Appraiser re: Ad valorem tax levy (roads) for FY 00/01 budget. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director, Finance Director)

62. Letter dated 6/1/00 to Chairman from Bill Suber, Sem. Co. Property Appraiser re: Ad valorem tax levy for FY 00/01 budget. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director, Finance Director)

63. Copy of letter dated 6/1/00 to Ken Roberts, Public Safety Director from Bill Suber, Sem. Co. Property Appraiser re: Ad valorem tax levy (fire district) for FY 00/01 budget. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director, Finance Director)

64. Local monthly (June) mailer from the St. Johns River Water Management District.

65. Notice and agenda for 6/13 and 6/14/00 Governing Board Meeting-St. Johns River Water Management District.

66. Memorandum dated 6/7/00 to BCC (with attachments) from Jamie Croteau, Administrative Services Director re: New Juvenile Justice Center. (cc: Co. Manager, Deputy Co. Manager [Coto], Purchasing Manager, Purchasing Contracts)

67. Copy of letter dated 6/5/00 to Commissioner Grant Maloy from David & Annabell Tropf re: Acquisition of Winter Miles. (cc: BCC)

68. Memorandum dated 6/6/00 to Department Directors, Division Managers (with attachments) from Cindy Coto, Deputy Co. Manager re: 2000 FAC Legislative Follow-up. (cc: BCC, Co. Manager, Deputy Co. Manager [Marino], Co. Attorney)

69. Letter dated 6/30/00 to BCC (with attached April activity report) from Randy Johnson, President/CEO and Kevin Coulthart, Sem. Co. Market Manager-Central Fla. Sports Commission re: Monthly activities.

70. Letter dated 5/30/00 to Chairman (with attached report) from Larry Dale, Mayor-City of Sanford re: Sanford Seminole Aquatic Center. (cc: BCC, City Commission)

71. Copy of letter dated 6/5/00 to Greg Finnessy (with attachments) from John Omana, Sr. Planner-Development Review re: Osprey Lakes PUD. (cc: BCC, Co. Manager, Planning & Development Director, Dev. Review Manager, Senior Chief, Principal Planner-Dev. Review)

72. Copy of letter dated 6/5/00 to Michael Chambers from Chairman re: Chapman Road. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)

73. Contract for services, as shown on page __________, between Sem. Co. Parks & Recreation and the following: David Mease, Jr. (Slow pitch scorekeeper), David Beagle (Slow pitch scorekeeper), and Michael Erik Rodriquez (Slow pitch scorekeeper).

CHAIRMAN’S REPORT

Chairman Henley stated it is his task to make recommendations to the Commission regarding compensation for the County Attorney and County Manager. He said when Mr. Grace was contracted for County Manager, his salary was set considerably below his predecessor with the understanding that on satisfactory performance, he would be rewarded appropriately. He advised he has met continuously with Mr. Grace over the past year and found him to be very receptive to suggestions and he has found ways to strengthen his management. Chairman Henley said he thinks Mr. Grace has performed satisfactorily. Based upon information in a report received regarding salaries for city and county managers throughout the State, and his close scrutiny of Mr. Grace’s work, Chairman Henley recommended an adjustment to the County Manager’s salary of 8%, making it more competitive with surrounding county mangers’ salaries. He advised Commissioner Morris that the increase is $8,960; and the new salary would be $120,960.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to increase the salary to Mr. Grace by $8,960 effective on his anniversary date.

Upon inquiry by Commissioner McLain, Chairman Henley stated this a salary adjustment only and not a merit increase.

Commissioner Morris stated he thinks this is the right amount. He said as they go through the next budget process, some of the Commissioners will be looking at the State guidelines, but he thinks this is the right kind of adjustment. He said he would like to see some type of written letter to go in Mr. Grace’s file so that if someone comes back later and tries to find a county commission record, there would be something other than in Mr. Grace’s personal file. Whereupon, Chairman Henley stated he would give Mr. Grace a letter.

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

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Chairman Henley said he has met with the County Attorney numerous times throughout the year and also found him to be receptive to areas which they agreed needed to be addressed and he thinks Mr. McMillan has performed satisfactory. He said he also provided the Commissioners with information regarding county attorney salaries from various locations around the state. This shows that Mr. McMillan has been paid very well from a competitive standpoint. He said he also reviewed other compensation items provided to other county attorneys. Both he and Mr. McMillan agreed that Mr. McMillan is well compensated by Seminole County, and he is not recommending any increase in the base salary for Mr. McMillan. However, Chairman Henley recommended the Board grant a vehicle allowance (as other attorneys receive) to Mr. McMillan in the amount of $225 per month, as commensurate with the Deputy County Managers’ allowance.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to not increase the County Attorney’s base salary, but approve a vehicle allowance to him in the amount of $225 per month.

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

Chairman Henley stated he would also notify Mr. McMillan in writing and provide the Clerk and each of the Board members with copies.

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Chairman Henley advised he received a letter from Sanford Mayor Dale regarding an update on the activities and participation at the swimming pool.

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Morris stated that last night the City of Sanford approved last night entering into discussions regarding some joint services with the County. He said he thinks this is a positive stand.

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Commissioner Morris informed the Board of a long-standing issue regarding the Spring Hammock Mobile Home Park Water and Sewer system (information packet received and filed). He said he, the County Attorney, nor the County Manager has been successful in handling this. He thought he should get a consensus from the Board on this matter. He explained that the residents want the County to take over their failed utility system and he does not concur with that. He asked for the Board’s concurrence with Mr. Adolphe, Mr. McMillan, and Mr. Grace on this matter. Discussion ensued.

Commissioner McLain asked if this would qualify for federal funding as was used in Midway to assist with repairs. Mr. Grace said he would have to look into that. Whereupon, Commissioner Morris said he would favor moving in that direction with Buddy Balagia to see if the residents would qualify for such funding.

Motion by Commissioner Morris, seconded by Commissioner McLain, to direct the County Manager that the consensus of the County Commission is in support of the staff position regarding the obligations of the County in particularly citing the Resolution relating to the Certificate of Public Convenience and Necessity No. 57, regarding the Spring Hammock Mobile Home Park Water and Sewer system.

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

Commissioner Morris stated separate from the motion, staff will look into alternatives relative to what Commissioner McLain suggested on possible federal funding to repair the utility system.

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Commissioner McLain stated he received a letter (copy received and filed) on June 12 from Sanford Mayor Dale asking the County to make the $5,000 commitment for the 4th of July Celebration.

Under discussion, Chairman Henley said the Board could make the stipulation that if the City does not have fireworks, the contribution would be returned.

Commissioner McLain said if the City decides to do something else in place of the fireworks, he would leave it up to the County Manager to decide if that amount is justified.

Upon inquiry by Chairman Henley, Commissioner McLain stated the Board chose Sanford as the official site for the 4th of July Celebration and the justification is that Sanford is the County seat.

Commissioner Morris added the other justification is that the Board was attempting to help Main Street and the redevelopment of downtown Sanford. He said he could support what Commissioner McLain is offering to do but he thinks the fireworks are the primary attraction. He does not think a local city event is what they should be doing.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve $5,000 to the City of Sanford to support the fireworks display, even if it is continued to another day, as long as the fireworks are celebrating our Country’s independence.

Chairman Henley stated he could support the motion as long as the Board is not obligated to any other city.

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

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Commissioner McLain advised he received a fax today concerning the Colonial Grand project and Grant Line Road extension of International Parkway North. He explained the applicant and developer worked with the County providing some storage of stormwater on the road and advanced money for a change order to start on the south end of the project. That is a difference of $745,000 in taxes. He stated the applicant is asking the County to give them a credit of $146,000 against utility connection fees on the project so they can expedite moving forward and getting the property on the tax rolls January 1, 2001 rather than a year later.

Chairman Henley stated he was told the company was going to pick up the difference. He said he did not recall any conversation about receiving tax credits.

Mr. Grace stated he sent a letter to Mr. Wright on May 2 which concluded the additional costs it would take for the contract and the applicant should pick that up and not the taxpayers. He said if the applicant is trying to get that additional cost recouped through credits, he would not support that.

Upon inquiry by Commissioner Maloy, Mr. Grace and Mr. McMillan discussed what the policy is about credits.

Discussion ensued about the project and request by the applicant. Mr. Grace stated this was a last-minute issue and was not discussed with staff. He said staff is working on an addendum to incorporate under the road project.

Commissioner McLain said he doesn’t believe this was a last-minute ditch effort. Chairman Henley said he knows there had been all types of communications, but they pertained to a different project.

Commissioner McLain stated his intent was only to bring this to the County Manager’s attention.

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Commissioner McLain advised he received a letter on June 6 from Legal Services asking if the County has any interest in pursuing the payday loan people and a restriction on the interest they charge. He asked if the Board had a chance to review the letter and if this was something they want to pursue.

Commissioner Maloy stated he read that the City of Longwood was trying to do that and was advised by their attorney not to do so.

Mr. Grace said there are no plans from the staff level to bring that forward. Whereupon, Commissioner McLain said he thinks it merits looking into if they want to close that loophole.

Mr. McMillan said this is a policy issue and if the Board wishes, staff can draft an ordinance and bring it back for the Board to decide when they want to hold a public hearing.

Upon inquiry by Chairman Henley, Commissioner McLain said he thinks it would be appropriate for the County Manager to respond that the Chairman and Board are looking into this matter.

Commissioner Maloy stated there were some opinions from the Attorney General’s Office that might be helpful. Commissioner Morris stated he believes Senator Jennings’ office might have some information with respect to what legislation might be proposed.

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Commissioner Morris stated he would be curious as to what legal rights the County has relative to tattoos and body piercing establishments, particularly regarding juveniles. He discussed this briefly and asked if the Board had any objections to looking into this.

Chairman Henley directed the County Attorney to research this for information.

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Commissioner Maloy reported that there must be at least 100 dead plants along Highway 17-92 and the contractor has piled up some of the dead plants. He said he doesn’t know why they can’t haul them off the roadway. He said this does not look very sightly.

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Commissioner Maloy reported that he met with Byron Brooks, the Interim Director of Lynx, and he seems to have good zeal for going about to try to bring some credibility back. Mr. Brooks said he would be meeting with all the Commissioners. Commissioner Maloy said he hopes to have more to report in the next couple of weeks. He said Mr. Brooks is making an attempt to meet with folks to find out what the real problems are.

Chairman Henley stated after the bridge signing the other day, he spent about one and a half hours with Orange County Chairman Martinez over lunch and advised him that the BCC is very serious about its objections and is looking at its options.

Commissioner Morris said he looks forward to the study. He said he had a great meeting recently and commended Dick Thomas, Transportation Specialist, for his comprehensive outline. Chairman Henley also commended Mr. Thomas for an excellent job of outlining the meeting.

During discussion, Commissioner McLain said he thinks it is also important to have a firm grip on what they are going to do as they approach the one cent sales tax for transportation issues.

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Commissioner Morris said he hopes the Board will see the Public Information Officer position back in the budget because it is showing that they don’t have that outreach to the press, and the only way of getting the information out is primarily through the TV broadcast. Chairman Henley stated the position was very helpful to him.

Commissioner Morris asked Mr. Grace to check into expanding the TV coverage to include all the advisory Boards.

Under discussion, Mr. McMillan said the Code Enforcement Board has requested through their attorney not to be recorded on TV.

Commissioner Morris stated he is still waiting for an overdue answer on the transfer of Time Warner broadcasting in Lake Mary, The Crossings, and Altamonte. He said he didn’t want to interfere with staff and go directly to Time Warner himself, but he would be happy to do so as the Board appointed him to that role some years ago. Mr. Grace advised of the letter he sent to Time Warner.

Following discussion, Chairman Henley stated the consensus of the Board is for the County Manager and County Attorney to draft a letter and put Time Warner on notice that they are in non-compliance.

COMMITTEE REPORTS

Chairman Henley distributed to the Board copies of the minutes of the MPO meeting (copy received and filed).

Commissioner McLain asked if Seminole County ever discussed having informal talks with Volusia County on having a joint MPO. Commissioner Morris answered no. Chairman Henley said a meeting is coming up next week with Volusia County.

Commissioner Morris said he still thinks the Board needs to consider the idea from a couple years ago on the eastern connection from the Eastern Beltway. He said this is the connection to I-95; it would be a new expressway and would be a second alignment to CR 415.

Commissioner McLain said he thinks they need to move closer to working with the Volusia County MPO. Whereupon, Chairman Henley said he thinks that would take a legislative act. Commission McLain said he thinks Seminole County’s future might be more tied to Volusia County than Orange County. He said he would like more information on that.

Upon direction by Chairman Henley, Mr. Grace said staff will pull together information regarding what it would take to make it work if Seminole County were to pull out of the MPO.

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Commissioner Morris requested Traffic and Engineering staffs to do a traffic count that runs at lunch hour between the border of Orange and Seminole Counties, both the outbound and inbound traffic, and come up with where Seminole County’s workforce is moving to. He said this is one element of the Transportation Plan to ascertain where the vehicles are moving. He said they keep being told that Seminole County’s population is working in Orange County and he is not convinced of what percentage. Commissioner McLain said he thinks that a large percentage of the population does not move to Orange County.

COUNTY MANAGER’S REPORT

Mr. Grace reminded the Board that the Charter Commission will hold its first public hearing this Wednesday. He also reminded the Board that the special meeting of the Board is on June 23 at 1:30 p.m. regarding the Courthouse architectural and engineering services.

Upon inquiry by Commissioner Morris, Mr. Grace reported the schedule is about one month behind on the project manager.

Mr. Grace advised the Board that the companies will make presentations at the special meeting on June 23 and the Board is expected to make a selection that day.

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The meeting recessed at 3:07 p.m., reconvening at 7:03 p.m., this same date with all Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

SUBSTANTIAL DEVIATION HIBC DRI

Proofs of publication, as shown on page ________, calling for a public hearing to consider a request for Substantial Deviation to the Heathrow International Business Center Development of Regional Impact (DRI); property located south and west of Banana Lake Road and east of Island Lake, Kenneth Wright, received and filed.

Matthew West, Principal Planner, addressed the Board to advise the applicant has requested a continuance for this item until June 27, 2000. A letter from the applicant, Shutts & Bowen, requesting the continuance was received and filed. He stated however, staff has concerns as to whether there is enough time to address the traffic-related issues. Staff recommends continuing this item to the July 25, 2000 meeting. The East Central Florida Regional Planning Council (ECFRPC) needs to meet in July in order to provide comments from them on this issue prior to the July 25 meeting. He stated he spoke to Sandra Glenn and Fred Melch of the ECFRPC and they indicated that the ECFRPC wouldn’t be able to hear this item until August unless there is a July meeting.

Commissioner Morris stated the ECFRPC can meet in July, but there would not be a quorum. He stated staff could issue comments without approval of the Planning Council, as this issue does not require a Planning Council action prior to the Board’s action. The Planning Council cannot respond to this item without the applicant’s input.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue to July 25, 2000 at 7:00 p.m., or as soon thereafter as possible, request for Substantial Deviation to the Heathrow International Business Center Development of Regional Impact (DRI); property located south and west of Banana Lake Road and east of Island Lake, as described in the proof of publication, Kenneth Wright.

Districts 1, 2, 4 and 5 voted AYE.

SPRING 2000 FUTURE LAND USE AMENDMENT

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to amend Land Use from Public, Quasi-Public to Suburban Estates; property located on the north side of SR 46, abutting the Northwest Regional Wastewater Treatment Facility, immediately east of Yankee Lake Road, containing approximately 15 acres, Seminole County, received and filed.

Tony Matthews, Principal Planner, addressed the Board to state staff recommends Suburban Estates land use with findings that this land use would be: (1) Compatible with adjacent land uses; (2) Consistent with the 1998 Wekiva Special Area Study; (3) Consistent with the 1999 Compliance Agreement relating to the governing of land use within the Wekiva River Protection Area; (4) Consistent with Plan policies, including those relating to the Wekiva River Protection Area, identified at this time; and (5) Consistent with the provisions of the Wekiva River Protection Act. The Local Planning Agency recommended Suburban Estates at their May 27, 2000 meeting.

Mr. Matthews stated in March or April, staff initially scheduled the adoption hearing of this item for September 26, 2000 and they would like to change that date to September 12, 2000 so that this item will tie in with the other Comp Plan Amendments. He stated Diane Kramer, of the School Board, is in attendance tonight to answer any questions the Board may have relative to the School Board’s plans and programs. He added there have been complaints from residents relating to dirt building up on the land and that will be removed within the next couple of weeks.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy to transmit the proposed future land use amendment to the Seminole County Comprehensive Plan to the Florida Department of Community Affairs, with the adoption date to be scheduled for September 12, 2000, as described in the proof of publication.

Districts 1, 2, 4 and 5 voted AYE.

SPRING 2000 CYCLE TEXT AMENDMENTS

Proofs of publication, as shown on page ________, calling for a public hearing to consider proposed text amendments to the Seminole County Comprehensive Plan as identified in document titled "Mixed Use Development Regulations", received and filed.

John Percy, Glatting Jackson, addressed the Board to review the purpose of their study to promote mixed use development. He stated the chance of bringing one land use application and one zoning application in the Hillview area is pretty slim. The need was identified for some neutral land use categories and zoning categories. That is included in the Mixed Use Development Regulations booklet (received and filed). He stated the map changes directed to the mixed use area and the land development code changes will be heard by the Local Planning Council on August 2, 2000. The first meeting for the BCC is scheduled for September 12, 2000. He stated staff has submitted a copy of the summary (received and filed) of the public process. Another neighborhood meeting in the Hillview area will be scheduled in order to discuss the land use map and code changes. He displayed and summarized what the mixed use land use category does, the requirements of the mixed land use category and what the land use category offers (all received and filed).

Commissioner Morris discussed the design standards of stormwater ponds with Mr. Percy.

Frances Chandler, Planning & Development Director, addressed the Board to state staff is working on an entire restructuring of the design element for the Comprehensive Plan in conjunction with the EAR. She stated this issue will be heard by the BCC in January 2001 and by the LPA in December 2000. If the Board wants to integrate some of those standards as it relates to dezoning standards, staff could do something like that in conjunction with the new zoning districts.

Upon inquiry by Commissioner Morris, Ms. Chandler advised staff included standards for stormwater ponds in what was adopted in February. She stated staff wanted to do something more extensive than that with the full revisiting design element that would be even more expansive to look at design elements of the site including stormwater as well. She stated staff is working on that now and it takes some time to work out the details in terms of how they affect all of the various site applications.

Upon inquiry by Commissioner Maloy, Ms. Chandler advised the zoning district would come before the BCC the same time the land use category is adopted.

Upon inquiry by Chairman Henley, Ms. Chandler advised at this point, it would be difficult to expedite this concern as it takes a lot of research of the effects of different design standards on a lot of applications.

Jeff Hartley, 283 Tiger Lily Court, addressed the Board to state he represents the Spring Valley Farms Homeowners Association. He displayed a scale submitted by Glatting Jackson of the current and proposed active side buffer/setback standards and advised that he feels this needs to be modified. He displayed a synopsis (received and filed) of the communication process timeline and he advised that the minutes of the 12/14/99 BCC meeting emphasized communication. He stated he tried to organize a meeting onsite and approximately four months transpired before that occurred. Letters from Mr. Hartley and Colleen Rotella relative to community meetings were received and filed.

Commissioner Morris stated Mr. Percy indicated to him that he has had regular communication with Mr. Solin. He advised Mr. Hartley that Mr. Solin is the person he should contact.

Mr. Hartley stated the main concern of the residents brought up at the April 27, 2000 meeting was a 700 ft. buffer area.

Upon inquiry by Chairman Henley, Mr. Percy advised he has been apprised of the residents’ concerns.

Les Solin, Solin & Assoc. Inc., addressed the Board to state he represents Spring Valley Farms Community Association and he is focusing only on the impact of this proposed mixed use designation on existing single family neighborhoods. He stated the Spring Valley Community Association has no objections to the mixed use and he particularly likes the concept. He added he feels it is good for economic development for the County. When you measure the concept, you need to look at the impact the mixed use development will have on immediate adjacent development. He added he feels there could be some improvements on the development.

Upon inquiry by Commissioner Morris, Mr. Solin advised his proposed improvements were presented at the first Planning Board meeting and he did ask for a 700-ft. buffer. He stated he also asked for a mandated concept plan at the time the County considers a mixed-use designation on their Comprehensive Plan Land Use map. He displayed and reviewed a synopsis (received and filed) of characteristics of what makes land decisions in well-managed communities, poorly managed communities and what they are looking for in Seminole County. He also displayed and reviewed the major issues, issues discussed at the 12/14 BCC meeting, and the recommended County mixed-use policy.

Commissioner Morris stated some of these issues that Mr. Solin is referring to will be coming back during the September meeting. The issue of a 700-ft. buffer could be inserted now and the issue of a concept plan could be further delineated. He stated it would be more appropriate to discuss the detailed analysis during the September 12 meeting.

Mr. Solin continued by reviewing the County’s recommended policy. He displayed pictures of three-story apartments, indicating you can see in the windows of the single family homes.

Upon inquiry by Chairman Henley, Mr. Solin advised the distance to the development is about 100 feet.

Mr. Solin also displayed and reviewed photographs (received and filed) of a three-story building that is within a moderate range of distance; an office building consisting of two stories; and a neighborhood commercial activity. He continued by displaying and reviewing findings regarding the County’s mixed use policy. He stated he is in favor of mixed use as a concept but he doesn’t want land use intensity next to a single-family development that provides land use compatibility.

Chairman Henley stated part of the problem that the Board has to deal with is the County has allowed so many single-family home developments sitting out there by themselves without mixed use. It is going to be a slow process to bring that change around and what is creating the problem is strip shopping centers, malls, and schools being in the area with no one getting to them except by a car or bus.

Mr. Solin stated he is trying to back in to this kind of solution where there are densities similar to what is around the potential mixed use area. He displayed a map showing the surrounding land use.

Commissioner Morris stated he would like the Board to direct staff to continue working with Mr. Solin on the standards that he is referring to. He stated he would also like the concept plan submitted at the same time.

Ms. Chandler stated the Board can make any changes at the time of the adoption of the Comp Plan amendment. She stated the Board can also review the language to the concept plan at that time.

Colleen Rotella, Program Manager, addressed the Board to advise a number of Mr. Solin’s recommendations were incorporated in the agenda packet. Staff will be holding another meeting on June 26 with the Spring Valley Farms Community Association and Mr. Solin.

Upon inquiry by Mr. Hartley, Ms. Chandler advised staff has no plans to administratively rezone property to any of the new classifications. Staff will forward the land use designations for the Comp Plan to administratively look at applying those. Staff concurred that the concept plan would be necessary for rezoning, they would not administratively execute any rezoning actions, and an applicant would need to apply for it.

Chairman Henley advised he received a Written Comment Form from Pat Green opposing the action. He stated she expressed concerns relative to notification of homeowners regarding the zoning in that area.

No one else spoke in support or in opposition.

Speaker and Written Comment Forms were received and filed.

Motion by Commissioner Morris, seconded by Commissioner Maloy to transmit the proposed text amendments to the Seminole County Comprehensive Plan, as identified in document titled "Mixed Use Development Regulations", to the Florida Department of Community Affairs for review and comment, as described in the proof of publication.

Under discussion, Commissioner Maloy stated he feels there still is a lot of work that needs to be done on this in order to make land use development easier.

Districts 1, 2, 4 and 5 voted AYE.

ORDINANCE/WEKIVA RIVER PROTECTION

SEMINOLE ESTATES OVERLAY ZONING CLASSIFICATION

Proofs of publication, as shown on page ________, calling for a public hearing to consider an Ordinance creating the Wekiva River Protection-Seminole Estates Overlay Zoning Classification, received and filed.

Craig Shadrix, Senior Planner, addressed the Board to review the intent of the ordinance.

Keith Schue, Central Florida Sierra Club, addressed the Board to state he would like to speak in favor of the request. He stated he has been discussing this issue with Mr. Shadrix and he is comfortable with the language. He said he feels the Seminole Estates residents have felt enough encroachment in their area and the County has assured them that their area will be protected. A letter from Mr. Schue supporting the request was received and filed.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #2000-28, as shown on page ________, creating the Wekiva River Protection-Seminole Estates Overlay Zoning Classification, as described in the proof of publication.

Districts 1, 2, 4 and 5 voted AYE.

ITEMS FOR FUTURE AGENDA

Commissioner Maloy briefly discussed with the Board a letter submitted from George Means relative to the traffic situation in Oviedo.

Commissioner McLain stated Mr. Means indicated he would like the City of Oviedo to annex property to the shores of Lake Jesup. He stated he agrees that there is a serious traffic problem in Oviedo and the Board needs to get together with the City in trying to solve this problem. A letter from Mr. Means regarding extending the city limits was received and filed.

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Bob Bugnacki addressed the Board to get an update on Orange Blvd.

Mr. Grace stated he has asked staff to check on this and they do not have an update yet. He stated he will notify him when they will be bringing it back to the Board.

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Mr. Grace informed the Board that the County has received an award from the School Board as an outstanding business partner relating to the Public Works Academy, the Summer Intern Program and Career Day.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:15 p.m., this same date.

 

ATTEST_____________________Clerk____________________Chairman

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