BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 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, January 11, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Carlton Henley (District 4)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Daryl McLain (District 5)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Pastor George Sledd, Jordan Baptist Church, Sanford, gave the Invocation.
County Manager Kevin Grace led the Pledge of Allegiance.
Chairman Henley thanked Mr. Grace for the new Seminole County logo on the wall and complimented him on the good job of improving the meeting agenda. He asked the Commissioners to feel free to pass on to the County Manager any suggestions they have to further improve the agenda.
(1) Representatives of the Scottish Highland Days led a processional into the meeting.
Motion by Commissioner Morris, seconded by Commissioner McLain, to adopt appropriate Resolution #2000-R-1, as shown on page __________, proclaiming the week of January 15 - 16, 2000 as "Scottish Highland Days" in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Morris presented the Resolution to Chief Crawford, who expressed his appreciation to the Board and invited them to attend the activities this weekend.
COUNTY ATTORNEY'S CONSENT AGENDA
Motionby Commissioner Morris, seconded by Commissioner Maloy, to approve and authorize the following:
2. Approve Purchase Agreement, as shown on page __________, relating to Parcel Number 113, located at 3329 H. E. Thomas, Jr. Parkway, Sanford, of the County Road 46A, Phase III road improvement project in the amount of $92,000.00 with no attorneys' fees or costs incurred (Joan C. Crimmins Property). This is an early acquisition prior to adoption of Resolution of Necessity.
3. Approve Purchase Agreement, as shown on page __________, relating to Parcel Number 101 , located at 3501 H. E. Thomas, Jr. Parkway, Sanford, of the County Road 46A, Phase III road improvement project in the amount of $120,000.00 with no attorneys' fees or costs incurred (Cheryl A. Reeves). This is an early acquisition prior to adoption of Resolution of Necessity.
COUNTY MANAGER'S REPORT - CONSENT AGENDA
Chairman Henley advised that Item #28 has been withdrawn from the Agenda, and a correction to District 4 was made for Item #33.
Fiscal Services Director, Cindy Hall, addressed the Board to answer questions by Commissioner Maloy regarding Item #15, BCR #00/39, $20,343, request to adjust transfer to the 17-92 CRA for final property valuation.
Bob Briggs, Environmental Services, addressed the Board to answer questions by Chairman Henley regarding Item #13, BCR #00/37, $5,000, request for three slot scanners.
Chairman Henley commended staff for their work and cost savings for Item #16, FC-194-99, McCulloch Road 20" Forcemain Construction Project.
Bob Adolphe and Hugh Sipes addressed the Board. Mr. Adolphe thanked the Board for the recognition and explained how staff handled the project to bring the total price to $770,000 compared to the $1.3 million original price.
Commissioner Morris expressed his complements on what staff accomplished, noting this was a dramatic savings.
Upon inquiry by Commissioner McLain, Mr. Grace advised Item #28 was withdrawn due to some language changes the other party wanted in the agreement. He said he just found out about it yesterday.
Commissioner Morris inquired about Item #21, RFP-451-98, Services related to coordination and acquisition of properties for Seminole County's Natural Lands, Trails, Greenways and Community Development programs. He said he would vote for the renewal, but he takes issue with it because the Board ranked these properties and he thinks staff has not moved expeditiously in closing these properties. If they had done so, they would have already spent the money. He said $200,000 is a lot of money for just this one-year contract.
Mr. Grace advised Commissioner Morris that the Natural Lands properties will come before the Board during the first week in February.
Colleen Rotella, Comprehensive Planning Manager, addressed the Board to state the renewal is to make sure the projects are continued and completed.
County Attorney Robert McMillan addressed the Board to state the $200,000 amount comes from Purchasing and does not appear on the contract. He said the contract is based on an hourly fee, and Purchasing has estimated that $200,000 is what might be spent on the contract over the next year.
Ms. Rotella stated all the owners of properties staff have been working on have been notified that January is the drop-dead date.
Commissioner Van Der Weide stated property is going one way and that is up. It will cost the taxpayers additional money and they won't be able to purchase all the property they thought they could because they won't have enough money.
Ms. Rotella said the program will come to the Board in February, and staff will be presenting an option to the Board that is significantly lower.
Commissioner Morris requested this item be pulled from the agenda with staff to bring it back after the presentation by staff in February to see what work the Board is authorizing.
Commissioner McLain stated he thinks the Board has to assume some responsibility for the program not being completed. He remembers the Board drug their feet sometimes on doing some things, and there was concern about managing these properties and some debate on managing the money.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve and authorize the following (with Items #21 and #28 withdrawn):
4. Authorization to (a) declare DiPrima Construction Corporation in Default for non-performance of contract (warranty) requirements in accordance with FC-348 Sheriff's Office/Public Safety Building; (b) demand performance from the Contractor's bonding agent, the United States Fidelity and Guaranty Company; (c) send notification letters to Spillas Candela & Partners and Fluor Daniel, Inc.; (d) simultaneously authorize the County Manager to execute all documents necessary to implement Board action; and approve Budget Change Request to transfer $50,000 from Contingency to cover outside legal counsel fees.
5. Approve and authorize Chairman to execute First Amendment to the Lease, as shown on page __________, with Seminole County Mental Health Center; located at 300 South Bay Avenue, Sanford; and grant a Perpetual and Permanent Right-of-Way Easement, as shown on page __________, along County-owned property leased to Mental Health to the City of Sanford to bring into compliance with current City standards.
6. Approve and authorize Chairman to execute Deed, as shown on page __________, containing Release of Mineral Rights to the winning bidder of surplus property located at 290 East Lake Mary Boulevard.
7. Approve and authorize Chairman to execute FY 99/00 Contract, as shown on page __________, between the State of Florida Department of Health and Seminole County.
Water & Sewer
8. Approve and authorize Chairman to execute Release, as shown on page __________, of Mineral Rights Reservation for the portion of property conveyed to the School Board of Seminole County from the Water and Sewer Enterprise Fund, described as Section 22, Township 195, Range 29E.
9. Adoption of appropriate Resolution #2000-R-3, as shown on page __________, by the Chairman to ratify issuance by the Orange County Housing Finance Authority 2000 Series Homeowner Revenue Bonds and Single Family Draw Down Bonds Series on behalf of Seminole County.
10. BCR #00/32 - $6,000 - Public Safety - EMS/Fire/Rescue: Fund 11200 - Fire Fund. Account to be established to accommodate the return of overpayments with respect to transport fees.
11. BCR #00/33 - $42,000 - Public Works - Engineering: Fund 11500 - Infrastructure Tax Fund. Deferred payment under the June 4, 1998, Stipulated Final Judgment for property acquired in conjunction with Red Bug Lake Road Phase III project. Payment obligation was to be triggered by certain activities only recently initiated. Therefore, this item was not specifically anticipated in the adopted budget.
12. BCR #00/34 - $62,000 - Public Works - Traffic Engineering: Fund 10101 - Transportation Trust Fund. Transfer to pay corrected CSX 98/99 annual railroad maintenance invoice and to place funds in the correct line account for countywide road maintenance striping.
13. BCR #00/37 - $5,000 - Environmental Services - Billing Office: Fund 40100 - Water and Sewer Fund. The Department is requesting acquisition of three slot scanners and related installation materials to electronically process utility payments. These scanners will also allow the Department to accept credit card payments for utility bills. Ample funds are available in the operating budget for related costs.
14. BCR #00/38 - $297,034 - Information Technologies - Telecommunications: Fund 10101 - Transportation Trust Fund. Allocation of Cable Revenue reserves for establishing a SGTV program as approved by the BCC on 11/23/99.
15. BCR #00/39 - $20,343 - Fiscal Services: Fund 00100 - General Fund. To adjust transfer to 17/92 CRA for final property valuation.
16. Award FC-194-99/BJC, as shown on page __________, McCulloch Road 20" Forcemain Construction Project, to Southern Site Works, Inc., Zephyrhills ($379,812.00).
17. Approve Change Order #6, as shown on page __________, to FC-125-97/BJC, Tuskawilla Road Phase II (Red Bug Lake Road to Dyson Drive), with Southland Construction, Inc., Apopka ($6,335.65).
18. Accept and authorize Chairman to execute the Certificate of Completion, as shown on page __________, for FC-166-99/BJC - Seminola Boulevard Landscape Project, with Vila & Sons Landscaping Corporation, Lake Buena Vista.
19. Approve ranking list for PS-548-99/BJC, Engineering Services for Lines Locates for County Road 427, Phases V and VI, and award a Contract, as shown on page __________, to Blount Sikes & Associates, Orlando (Not-to-Exceed $100,000.00).
20. Award RFP-480-99/BJC, as shown on page __________, Court Reporting Services, to Associated Court Reporters, Sanford (Not to exceed $300,000.00).
21. Withdraw request to Approve First Renewal to RFP-451-98/BJC - Services Related to Coordination and Acquisition of Properties for Seminole County's Natural Lands, Trails, Greenways & Community Development Programs, with the Triece Company, Debary (February 24, 2000 thru February 23, 2001) (Not-to-Exceed $200,000).
22. Approve the termination of the Agreementfor Services, Flexible Spending Account Administration - third party administration with Flex Comp of America, Inc., Altamonte Springs, as shown on page __________, and Award the Agreement to Employee Benefits Cooperative, Middleton, Wisconsin.
23. Authorize Proprietary Source, Waive the Competitive Procurement Process and approve the purchase of (1) each Sunray 345 Solar LED Message Sign, plus accessories, from Gowan-Johnson Traffic Products, Inc., Columbia, SC ($29,650.00).
PLANNING & DEVELOPMENT
24. Approve and authorize Chairman to execute Annual Agreement, as shown on page __________, with the Soil and Water Conservation District for FY 99/00.
25. Approve and authorize Chairman to execute revised Funding Agreement, as shown on page __________, with the Orange County Housing Finance Authority ("the Authority") to provide a loan of $550,000 of SHIP Program funds to provide low interest, bond-matched mortgages for lower income households in Seminole County.
26. Approve and authorize Chairman to execute Satisfactions, as shown on page __________, of Second Mortgage notes for MacCagnano ($3,000), Marshall ($9,800), Hinson ($2,600), Clegg ($3,500) and Peardon ($3,500).
27. Approve and authorize Chairman to execute the SHIP Affordable Housing Agreement, as shown on page __________, with the Florida Capital Community Corporation (FCCC), establishing a revolving loan fund to provide funding and leveraging for Low Income Housing Tax Credit (LIHTC) program projects and the Palm Tree Apartment project.
28. Withdraw request to approve and authorize Chairman to execute Resolution, Bill of Sale, and Purchase Agreement with GoldenRule Housing & Community Development Corp., Inc. to donate a County-owned housing structure located on 46A, for use as affordable housing.
29. Adoption of appropriate Resolution #2000-R-4, as shown on page __________, reinstating the Trails and Greenways Task Force as a Trails and Greenways Advisory Committee; reappoint the existing ten (10) members and Board appoint the remaining five (5) members to the Trails and Greenways Advisory Committee.
30. Adoption of appropriate Resolution #2000-R-5, as shown on page __________, to vacate and abandon the easterly 10 feet of the 15-foot utility easement located on Lot 53, Autumn Glen Phase I; property located on the west side of Meadowgold Lane in the Autumn Glen Subdivision on the east side of Dodd Road south of Dike Road.
31. Adoption of appropriate Resolution of Necessity #2000-R-2, as shown on page __________, for the Wekiva Springs Road Safety Project (Sabal Palm Drive/Cutler Road to Fox Valley Drive).
32. Adoption of appropriate Resolution #2000-R-6, as shown on page __________, accepting a QuitClaim Deed, as shown on page __________, from Lois Jean Stauffer to Seminole County for the continued maintenance of Ibis Road.
33. Adoption of appropriate Resolution #2000-R-7, as shown on page ___________, granting a Conservation Easement, as shown on page ___________, to the St. Johns River Water Management District (SJRWMD) in conjunction with roadway improvements to Charlotte Street and as required pursuant to a SJRWMD permit.
34. Adoption of appropriate Resolution #2000-R-8, as shown on page ___________, accepting S. Elm Street and Palm Drive into the County Road System for maintenance.
35. Approve and authorize Chairman to execute Agreement, as shown on page __________, between the St. Johns River Water Management District and Seminole County for the Little Wekiva River Erosion Control: San Sebastian and Spring Oak Erosion Control Project.
36. Approve and authorize Chairman to execute First Amendment, as shown on page __________, to the Agreement between the St. Johns River Water Management District and Seminole County for the implementation of the Little Wekiva River Watershed Management Plan.
37. Approve and authorize Chairman to execute Agreement, as shown on page __________, between Seminole County and Cox Radio, Inc. in the amount of $5,000 for the WHTQ Classic Rock Fishing Derby.
Districts 1, 2, 3, 4, and 5 voted AYE.
LIBRARY & LEISURE SERVICES/ADMINISTRATION
Suzy Goldman, Director, addressed the Board to request approval and authorization for Chairman to execute the Museum of Seminole County History Gift Store Lease Agreement, as presented; or approval and authorization for Chairman to execute the Museum of Seminole County History Gift Store Lease Agreement eliminating Section 12 "Insurance" of the Agreement. She introduced Douglas Stenstrom of the Historical Society.
Chairman Henley stated he is not in favor of eliminating the insurance but is in favor of eliminating the cost to the Society volunteers because all the funds have to go back to the museum.
Commissioner Van Der Weide stated that it seems natural, with the County being the owner, for that to be the cost of doing business for the taxpayers. He concurred with the Chairman that he doesn't think the County should force the Society to pay for the insurance.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to waive the insurance requirement and approve and authorize Chairman to execute the Museum of Seminole County History Gift Store Lease Agreement, as shown on page __________, eliminating Section 12 "Insurance" of the Agreement.
Districts 1, 2, 3, 4, and 5 voted AYE.
Linda Eiland, Insurance Officer, addressed the Board to state the insurance requirement is for the protection of the Historical Society members and for patrons who come in and may sue the Society. She advised the Board that the County's coverage would not cover the Society.
PLANNING & DEVELOPMENT/DEVELOPMENT REVIEW
Matt West, Planner, addressed the Board to present request for approval of Planned Commercial District final site plan for Staples at Oviedo Cross Roads proposed at the southwest corner of SR 426 and Red Bug Lake Road, Mike Jaroch, Bentley Architects & Engineers, Inc.
Commissioner Maloy discussed with Mr. West the guardrail at this location and said he did not recall that coming before the Board.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the Planned Commercial District final site plan for Staples at Oviedo Cross Roads proposed at the southwest corner of SR 426 and Red Bug Lake Road, Mike Jaroch, Bentley Architects & Engineers, Inc.
Districts 1, 2, 3, 4, and 5 voted AYE.
County Engineer Jerry McCollum and Antoine Khoury, Principal Engineer, addressed the Board to request direction pertaining to the location of a retention basin (Old Lockwood Road Pond Location) on the Econ River Wilderness Area property.
Mr. McCollum stated staff reviewed three basic areas and tried to find what was the most cost-effective and looked the best from an engineering viewpoint. He said the most cost-effective was the site on natural lands. He said this is not precedent-setting as natural lands have been used before.
Commissioner McLain stated his concern is that if Option 1 is approved, the Natural Lands Program will be treated like any other property owner and get the best value for the money so it can be reinvested in the Natural Lands Program.
Commissioner Morris stated the issue of purchasing natural lands was to take them off the development stream. He said he thinks Option 2 should be pursued, because Option 1 is the people stealing from the people. He said natural lands were used before on a minor ditch project, but this is a major project. If natural lands are not good enough for developers to use, it's not good enough for the County as developers.
Upon inquiry by Commissioner McLain, Frances Chandler, Planning and Development Director, addressed the Board to state there is a management plan for this natural land property. Ms. Rotella answered that it is possible to make the land more available to the public, but staff had not evaluated that.
Commissioner Van Der Weide said he doesn't want to see government do something with natural lands that the private sector can't do. This could be precedent-setting with government having a distinct advantage.
Commissioner Maloy stated with Option 2, Old Lockwood Road would have to be elevated three to four feet. Also, they would be looking at a delay of the project. He said for each option, there is some engineering impact, and the Board should keep that in mind. Further, he said they don't know how the delay would affect Seminole Community College. He said it sounds like there is a need for additional information on this project.
Motion by Commissioner McLain, seconded by Commissioner Morris to approve Pond 2.
Under discussion, Commissioner Maloy stated he would vote no as he would like more information on this.
Mr. McCollum stated he would not have a problem with a two-week delay.
Commissioner McLain amended his motion to delay consideration of this item and to eliminate Pond 1 from consideration of the project.
Commissioner Morris discussed with Mr. McCollum what the delay would be to the project if the Board altered the options. Commissioner Maloy stated he was curious about what SCC would have to say.
Commissioner Van Der Weide suggested if staff is going to bring this back to the Board, then all three options should be brought back.
Chairman Henley said he thinks Commissioner Maloy is right that the Board needs to know what impact this is going to be for SCC, however, if it is not urgent, he sees no reason to not bring the item back.
Commissioner Morris strongly urged the Board to stay true to the Natural Lands Program and not start developing natural lands. Commissioner McLain concurred.
Commissioner McLain withdrew his motion to approve Pond 2.
Under discussion, Commissioner Morris stated he withdrew his second to the primary motion to approve Pond 2. He seconded the motion to eliminate Pond 1 from consideration.
Commissioner McLain said he disputes the right-of-way cost on Pond 1 and thinks it is going to cost a lot more than that. Discussion continued among the Board on precedent-setting and what will be accomplished during the two-week delay.
Chairman Henley asked Mr. McCollum if it was possible for him to make preliminary contacts with other owners to get some idea of whether they would be willing to negotiate or not. The Chairman said he has not made up his mind that he wants to take Pond 1 off for consideration.
Commissioner Maloy stated he heard that, perhaps Mr. McCollum was incorrect that Sites 2 and 3 would impact the wetlands. He said he couldn't see from what is before the Board what is the best location. He said he needs better justification and some good arguments to put the pond across the street.
Commissioner Morris remarked that the Board should not be violating natural lands.
Districts 2 and 5 voted AYE.
Commissioners Maloy, Van Der Weide, and Henley voted NAY, whereupon the motion failed for the lack of a majority vote.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue for two weeks the request for Board direction pertaining to the location of a retention basin on the Econ River Wilderness Area property, with staff to provide information requested by the Board.
Districts 1, 3, and 4 voted AYE.
Commissioners Morris and McLain voted NAY.
Chairman Henley recessed the meeting at 10:50 a.m. and reconvened at 11:05 a.m. with all Commissioners and other Officials in attendance.
COUNTY MANAGER'S BRIEFING
Bruce Paster, Utilities Manager, addressed the Board to give a short briefing to the Board on the Seminole County Cross-Connection Control Ordinance. He gave a slide presentation (copies included in the Staff Report).
Commissioner Morris stated what concerns him is the commercial accounts are being inspected, but the language says all the accounts are to be inspected, including residential. The County is doing a limited application. He knows there is an associated cost to this. In the case of residential developments, he doesn't know if that is something the Board wants to do. The majority of the jurisdictions are not in compliance.
Mr. Paster stated that basically, the cities are doing what the County is doing with limited sites. They are looking at sites they consider to be a potential for contamination.
Commissioner Morris suggested if someone comes in with a site plan change or expansion of a business or house, then the County can require them to put in a backflow preventative. Mr. Paster said his department doesn't believe they can compromise at all. Discussion ensued. Mr. Paster stated he is not sure how the Department of Environmental Protection (DEP) would look at that. He said DEP is expecting the County to provide for this retrofit, and is asking the County to document what they are doing.
Chairman Henley stated he doesn't see that the Board would be in conflict with DEP with what Commissioner Morris suggested, and he sees his suggestion as a step up.
Commissioner Morris stated this program is not being implemented very well by anybody, and he thinks it is a fair thing when someone makes a change that he must comply with all the codes. That way, the County is not going out and charging anybody.
Mr. Paster advised Chairman Henley that it would take several years to gain compliance. Chairman Henley noted that with Commissioner Morris' suggestion, people would be coming to the County so no additional personnel would be needed. Whereupon, Mr. Paster said that would be a change in the ordinance.
Commissioner Morris stated another alternative is to set up a separate fund for the 1800 commercial accounts so the people can make an application and get the money to make the changes, or the utilities could make an application for a credit on the utility bill.
Ms. Coto stated she wants to make sure the Board understands if the ordinance is readvertised with the modifications suggested, if DEP does not approve the ordinance change, the County will not be able to have any reclaimed water in the Northwest Service Area without having to come back to the Board and asking for another change to the ordinance. She stated staff used the AWWA (American Water Works Association) model ordinance, which is what all the other cities have utilized. She said DEP seems to be focusing their attention on how the County is actually doing inspections and what the County is doing to insure compliance.
Chairman Henley said he thinks they need to revisit some of these ideas to improve the program.
Mr. Grace stated it might be appropriate to take some of this input and bring this back at a later date.
Commissioner Morris suggested the other thing to look at is a pool fund for those not in compliance. He suggested the County continue with the current program in place but restrict enforcement provisions until such time as the Board gets a report back.
Mr. Grace stated he doesn't know what the impact will be with DEP if the County is not doing anything.
Bob Adolphe, Utility Director, stated DEP has said the ordinance is fine and now they want to see the program of inspection under the current ordinance. He said DEP wants to see the results; and they are holding up allowing the County to use reclaimed water until the County satisfies DEP that the County is doing the inspections called for in the ordinance.
Commissioner Morris said he thinks it is time to get the Legislative Delegation involved with DEP.
Mr. Grace stated he understands the direction for staff is to sit down and get some solutions on the issues that have been raised, particularly on the impact and who should pay for the impact of compliance, and bring this back to the Board.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page __________, dated November 30, December 7, 14, and 21, 1999; Payroll Approval List, as shown on page __________, dated December 23, 1999.
2. Satisfactions of Judgment/Bail Bond Liens for the following:
Stephen Allen LaMore and Seneca Ins. Co., #99001123CFA - $1,038
Alessandre Doug Dantonino and Seneca Ins. Co., #98010113MMA - $1,038
3. Satisfactions of Judgment/Public Defender Liens for the following:
Teresa Arencibia, #99000797CJA - $150
Dedrick Belson, #99000110MM - $200
Timothy Edward Benton, #98001019CFA - $200
Richard C. Blackstone, #93003581MM - $200
Sybrennia C. Bookhard, #98003612CFA - $100
Eduardo Cerroblanco, #98003107MM - $200
Lisa Chiesa, #99001423CJA - $100
Lisa J. Clerc, #98009922MM - $200
Nam Hai Dang, #99006065MM - $200
Michael D. Davis, #99006090MM - $200
Sean Duff, #99004680MM - $200
Keith Eyles, #99011697MM - $100
Robert C. Frutchy, #98004542CFA - $100
Victor R. Ganzalez, #99010048MM - $200
Frank E. Gasbarra, #98001611CFA - $350
Michael Graham, #98002311CFA - $200
Brian Kilbee Green, #92005706MM - $100
Patricia Hall, #98003302CJA - $100
Richard Hardy, #98001171CFA - $200
Gena Hickson, #98002435CJA - $100
Michelle Ihman, #98002465CJA - $100
Mark Jathan, #99001122CJA - $200
Kelli D. Kobayashi, #99000685CFA - $100
Allan Simon Lewis, #98004229CFA - $100
Romeo Loredo, #99004258MM - $200
Angel O. Manrique, #98002588CFA - $200
Eric K. Mason, #97013596MM - $200
Daniel G. McCraney, #99004450MM - $200
Alma L. Merriman, #98012568MM - $200
Matthew Morris, #99005841MM - $200
Maureen M. Novak, #94010554MM - $100
Nathan Ottmers, #98002698CFA - $200
Gregory Paradise, #99004447MM - $200
Rebecca Sue Perkins, #99009360MM - $200
Lisa Pope, #98000475MM - $200
Shawn L. Ryerson, #98008600MM - $300
Alex G. Snow, #89003381CFA - $500
Dennis J. Sotomayor, #99006539MM - $50
Dennis J. Sotomayor, #99007179MM - $50
Charles Stewart, #98002216MM - $200
Nicole A. Sunderland, #98004336CFA - $200
Donald Leg Treece, #97001959CFA - $350
Antonio Vargas, #97004751MM - $150
Victor G. Vitiello, #99000672MM - $200
4. Approval of Official Minutes dated November 23, 1999.
Districts 1, 2, 3, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk's "received and filed":
1. Copies of letters from Ginny Markley, Zoning Coordinator, advising of action of the Board of Adjustment on November 22, 1999, to the following: Richard I. Martinez; Beverly Holland; John Herbert; Donna Sue Bisbee; Kenneth & Nancy Van Valkenburg; Michael H. Beavers; Willie & Deloris Williams; Edward T. Quinn; Verlyn Rokeh; Tim Jordan; Charles R. Bullard; Adriana Trueba; Ellen Shearer; Frank J. Torchia; Patrick Flynn; Robert R. Roy; Basil Nelson & Thresa Williams; Eugene & Frances Ragan; Charlie Reeves; Jim Reeves; Leo & Carmen Mrowczynski; George Wardwell Willink; Monique Weinhofer; Chester & Carol Wheeler; Hamid Khazei; Lodestar Towers, Inc.; Kevin G. Sullivan; and Richard Collier, P.E.
2. First Amendment, as shown on page __________, to Work Order #9 to PS-520-98, Professional Engineering Consultants, Inc.
3. Work Order #2, as shown on page __________, to PS-508-97, SCS Engineers.
4. Engineering Services Agreement, as shown on page __________, for Yankee Lake WWTF Chlorine Conversion, M-119-99/BJC.
5. Title Opinion Letters, as shown on page __________, for Westlake Estates, Alaqua Lakes Phase V, Aloma Woods, and Ballentyne Subdivision.
6. Memorandum to Sandra McCann from W. Keith Roark submitting documents, as shown on page __________, for CR 46A, Phase III, Airport Boulevard, Phase III, and Grant Line Road.
7. Work Order #3, as shown on page __________, to RFP-443-98/BJC, GLE Associates, Inc.
8. Copies of letters from Ginny Markley, Zoning Coordinator, advising action of the Board of Adjustment on December 20, 1999, to the following: Donna Sue Bisbee; Kevin G. Sullivan; William E. Todd; Ashok Brahmbhatt; Roberta Miller; Kenneth & Delby West; Mehrdad Moradi; Walter Sutter; Patrick & Laura Stenstrom; Jeffrey E. Sampson; Binh Nguyen; Virgil W. Derrick; Auto Nation, Inc.; Dennis Kloth; Tom F. Griffin; and Tony Leffin.
9. Work Order #3, as shown on page __________, to RFP-419, DeLoitte & Touche LLP.
10. Work Order #4, as shown on page __________, to PS-538-99/BJC, Bentley Architects & Engineers, Inc.
11. Work Order #12, as shown on page __________, to PS-510-97/BJC, SCS Engineers.
12. Copy of Legal Notice, as shown on page __________, for Application for Transfer of Certificate held by Alafaya Palm Valley Associates, Ltd. to CWS Communities LP.
13. Certificates of No Recall, as shown on page __________, for Florida Jai Alai and Sanford-Orlando Kennel Club, Inc.
14. Financial Statements, Supplementary Information, and Independent Auditors' Report for the Seminole County Expressway Authority for Fiscal Year ending June 30, 1999.
15. Conditional Utility Agreements, as shown on page __________, for RaceTrac Petroleum, Inc.; Clark Development Company; Florida Rock Industries, Inc.; Tivoli Orlando Associates, Ltd.; Pulte Home Corporation; Aloma Park, LLC; Elmhurst Village Limited Partnership; and Westlake Property Holdings L.C.
16. Change Order #1, as shown on page __________, to FC-185-99/BJC, CPH Engineers, Inc.
17. Development Order, as shown on page __________, for Michael F. Sawyer.
18. Certificates, as shown on page __________, of Value Adjustment Board for Tangible Personal Property and Real Property.
19. Certificates of Title, as shown on page __________, for Cameron Grove, Lake Forest, Section 8 and Section 10A, and Sawgrass.
20. Construction Contract Agreement, as shown on page __________, M-120-99/BJC, with Big D Roofing, Inc.
21. Notices of hearings before the Public Service Commission for Docket No. 990649-TP, No. 981834-TP, and No. 990321-TP.
22. Memorandum to Maryanne Morse, Clerk, from Jean E. Wilke, Director, Administrative Regulations, regarding Violations of the Animal Control Ordinances.
23. Copy of Order from the Public Service Commission regarding transfer of facilities for Utilities Inc. of Florida to the City of Altamonte Springs.
24. Work Order #11, as shown on page __________, to PS-510-97/BJC, S2Li.
25. Engineering Services Agreement, as shown on page __________, for Greenwood Lake Efficient Disposal WTP Improvements, M-117-99/BJC.
26. Work Order #10, as shown on page __________, to PS-356, Post, Buckley, Schuh & Jernigan, Inc.
27. Engineering Services Agreement, as shown on page __________, for WTP Control System Standardization, M-118-99/BJC.
28. Notices of Satisfactions, as shown on page __________, of Connection Fees Relating to Conditional Utility Agreements with Lakeview Club Ltd., Willa Springs Limited Partnership, Orlando Stor-All, Ltd., and Forty-Six Partners, Ltd.
29. Assignment of Utility Agreement, as shown on page __________, for Sewer Service between Condev Land Fund II, Ltd. and Alafaya Development Corp.
30. Letter of acceptance of water system and Bill of Sale, as shown on page __________, for Rainbow Forest, Spaulding Company.
31. Letter of acceptance of water and sewer systems and Bill of Sale, as shown on page __________, for Lakehurst Phase II, Centex Homes.
32. Work Order #22, as shown on page __________, to PS-518-98/BJC, Professional Engineering Consultants, Inc.
33. First Amendment, as shown on page __________, to Work Order #20 to RFP-407, Seminola Boulevard.
34. Work Orders #2 and #3, as shown on page __________, to PS-539-99/BJC, CPH Engineers, Inc.
35. Change Order #1, as shown on page __________, to FC-181-99, Dyer, Riddle, Mills & Precourt, Inc.
36. Change Order #5, as shown on page __________, to FC-125-97/BJC, Beiswenger, Hoch and Assoc.
37. Work Order #6, as shown on page __________, to PS-532-98/BJC, Southeastern Surveying and Mapping Corporation.
38. Work Order #1, as shown on page __________, to PS-537-99/BJC, Bowyer-Singleton & Associates, Inc.
39. First Amendment, as shown on page __________, to Work Order #39 to RFP-407, Hastings and Spivey, Inc.
40. Engineering Services Agreement, as shown on page __________, M-115-99/BJC, with BCI Engineers and Scientists.
41. Engineering Services Agreement, as shown on page __________, M-116-99/BJC, with EMI Consulting Specialties, Inc.
42. Maintenance Bonds, as shown on page __________, for the following: 7-11 at Lake Mary Boulevard and CR 427 in the amount of $3,070; Lakehurst Phase II in the amount of $2,567; Rainbow Forest in the amount of $1,564.75; Seminole County/Orange County Fire Station #65 in the amount of $9,300; Cameron Groves f/k/a Bear Lake Grove North in the amount of $5,549.24; Seminole Crossings in the amount of $59,000; and Cherry Ridge Phase III in the amount of $10,086.20.
43. Bids, as shown on page __________, as follows: RFP-480-99/BJC; B/D-239-99/GG; FC-194-99/BJC; and FC-191-99/BJC.
The Board, thereupon, recessed at 11:32 a.m., reconvening at 1:32 p.m., with all Commissioners and Officials, with the exception of Deputy Clerk, Carylon Cohen, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM PUD TO PUD;
CARILLON PUD REVISION, AARON GOROVITZ
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development); approve revision to the Carillon PUD Final Master Plan and Developer's Commitment Agreement; for property described as located on the northeast corner of McCulloch Road and Lockwood Boulevard, Aaron Gorovitz, received and filed.
Chairman Henley announced that this item cannot be heard at this time because the applicant failed to post the property.
Current Planning Manager, John Dwyer, addressed the Board to state the applicant failed to post the required placard on the property and is requesting a continuance until January 25, 2000 at 1:30 p.m. Mr. Dwyer distributed copies of correspondence (received & filed) from Michael Proctor (resident of Carillon) requesting this item be continued until May so that the homeowners can vote on the request.
Commissioner Morris stated the correspondence indicates that there is some confusion as to whether or not the community is in support of the request.
Aaron Gorovitz, representing the applicant, addressed the Board to advise this site has been zoned commercial for a long time. He said after several meetings with the homeowners, a special exception was granted for gas pumps for a Texaco station. Since that time, Texaco pulled out of the project and Chevron wants to build. A new site plan was presented at the annual homeowners association meeting and there was a large debate. However, approval was given under certain guidelines. He said Mr. Proctor's letters have come from out of the blue. He said the homeowners association was also surprised and miffed about the letters. He added that he will make himself available to meet with Mr. Proctor in order to address his concerns. He asked that this item be continued until January 25 and no later because the purchase agreement on the property expires on January 26, 2000.
Attorney Helena Malchow, representing the Carillon Homeowners Association, addressed the Board to advise over the past two years, this matter has been discussed at length with the community. She said the Board of Directors has taken a serious and aggressive position to make sure that the entrance to the community was kept. She also said that she has met on a number of occasions with the developer who has made concessions. She added that this has been discussed at the association's meetings which have been open to the membership; and they are slightly taken aback by this correspondence.
Upon inquiry by Commissioner McLain, Mr. Dwyer advised this is back before the Board because the site plan approval and Special Exception lapsed. He further advised that rather than go through the Special Exception process, they are coming in for an amendment to the PUD.
No one else spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Morris to continue until January 25, 2000, at 1:30 p.m., or as soon thereafter as possible, consideration of request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development); and to approve revision to the Carillon PUD Final Master Plan and Developer's Commitment Agreement; for property described as located on the northeast corner of McCulloch Road and Lockwood Boulevard, as described in the proof of publication, Aaron Gorovitz.
District Commissioner Maloy stated he is always glad when a developer can work out an agreement with a homeowners association. He said he believes a continuance until January 25 is adequate time to resolve any further issues.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM PUD TO PUD/FINAL MASTER
PLAN/DEV. COMMITMENT AGREEMENT, KIMLEY-HORN & ASSOC.
Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from PUD (Planned Unit Development) to PUD (Planned Unit Development); approve final PCD Master Plan and addendum to the Developer's Commitment Agreement; for property located south of SR 46-A, on the east side of Casa Verde Boulevard, near the southern property line of Tract B of the Chase Groves PUD, Kimley-Horn Associates, received and filed.
Mr. Dwyer advised the applicant is requesting an amendment to the Chase Groves PUD Final Master Plan and Developer's Commitment Agreement to allow the use of one additional full access point from Tract B onto the east side of Casa Verde Boulevard. The access point will facilitate the proposed Kash n' Karry retail shopping center located at the northeast corner of SR 46-A and Casa Verde Boulevard. The nature of the request requires the applicant to proceed through the rezoning process to amend the previously approved PUD Final Master Plan and Developer's Commitment Agreement.
Mr. Dwyer advised staff has reviewed the request and has no objections to the additional access point, subject to the following: (1) Low impact wall lighting along the rear of the building adjacent to the residential area to the south - no freestanding lighting; (2) Relocate the dumpster area from the south of the building so as to lessen the impact of noise and odor to the residences to the south; (3) Provide reasonable operating hours for business activity at the rear of the building adjacent to the residences to the south; (4) Compliance with active/passive buffer requirements along the south perimeter of Tract B; and (5) Review possible closure modification of median on Casa Verde Blvd.
Mr. Dwyer stated he has received a petition from Caroline Crisley with 16 names in opposition to the Kash n' Karry store. He said he has also received e-mail (copy not received & filed) from Jim Bedcoe expressing concerns. He reviewed Mr. Bedcoe's concerns and responded to each.
Commissioner Morris expressed his concern with the additional access on Casa Verde and the close proximity to the residences.
Upon inquiry by Commissioner Morris, Mr. Dwyer advised there is no County requirement for this access; however, he said the Traffic Engineer has no objections to it. He said the applicant has committed to fund signalization at both the main access points when warranted.
Commissioner Morris questioned why there is so much parking provided in the rear of the building. Whereupon, Mr. Dwyer stated he assumes it is for employee parking.
Mr. Dwyer advised staff has no objection to the request subject to staff comments.
Jay Jackson, Kimley-Horn & Associates, representing the developer, addressed the Board to state they don't have a problem with switching the location of the wall and landscaping; but the maintenance would be on the homeowners' side if they did. He advised they are expecting to begin construction in April, 2000. He explained that they are requesting the extra access for circulation of delivery trucks at the rear of the building.
Upon inquiry by Commissioner Morris, Mr. Jackson advised that they can not move the building to the east because that is where their retention pond is located.
Commissioner Morris stated he is not happy with the design layout and does not feel it will have good traffic circulation. He suggested moving the retention and shifting the project to the east. Discussion ensued.
Richard Collier, developer, addressed the Board to advise Kash n' Karry requires more parking than the Seminole County Code. He discussed with the Board the additional access.
Commissioner Morris stated it looks like the project is being "shoe-horned" on the property.
Commissioner Van Der Weide suggested reducing the size of the two outparcels and installing the retention pond there, and then shifting the project to the east so that the additional access would not be needed. He said he does not see how delivery trucks can maneuver the way the plan is designed.
Tim Nicholson, 802 Delfino Place, representing the Chase Groves Homeowners' Association, addressed the Board to state they support the Kash n' Karry, but are concerned with the additional access and the rear parking. He also expressed concern about the need for a traffic light, as it is hard to turn out of the street now.
Barbara Chernesky, 2615 Alena Place, addressed the Board to speak in opposition to the Kash n' Karry, stating she believes it is too big. She stated there is empty commercial property in the area on Airport Boulevard and SR 46-A, and she does not understand why this has to be built in front of their housing development. She expressed concern about the traffic and stated this would bring more traffic to the area.
No one else spoke in support or in opposition.
Commissioner Morris explained that the property was zoned commercial in 1988 and the developer has a right to put a commercial project in as long as it meets Code.
District Commissioner McLain questioned if the developer has any objections to not having pay phones outside the facility. Whereupon, Mr. Collier stated he does not have a problem with keeping the pay phone inside the building.
Upon inquiry by Commissioner McLain, Mr. Collier advised if the situation warrants, they will have outside security for the project.
Commissioner McLain stated he would like to have the hours for the liquor store the same hours that the Walgreen has on Red Bug Lake Road. He also stated that he agrees with Commissioners Morris and Van Der Weide with regard to the traffic circulation and would like to see the design altered so that trucks can drive around the west side of the building and back to the delivery bay. He said he does not have a problem with the square footage, but does have a problem with the second entrance. He also suggested shifting the project to the east.
Motion by Commissioner McLain, seconded by Commissioner Morris to deny ordinance to rezone property from PUD (Planned Unit Development) to PUD (Planned Unit Development); and to deny the final PCD Master Plan and addendum to the Developer's Commitment Agreement; for property located south of SR 46-A, on the east side of Casa Verde Boulevard, near the southern property line of Tract B of the Chase Groves PUD, Kimley-Horn Associates.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Henley advised that Commissioner Maloy has agreed to serve on the Student Housing Task Force.
Chairman Henley advised of needed appointments to the Animal Control Board.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Bill Shaffer (representing Sheriff's Office), Dr. Joseph T. Vaughn III (Vet.) and Jeff Cashatt (Humane Society) to the Animal Control Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to appoint Richard Colegrove to the Law Library.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner McLain to appoint Brenda Carey and Brindley Pieters to the Orlando Urban Area Transportation Study Citizens Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
DISTRICT COMMISSIONERS' REPORTS
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to reappoint/appoint the following for District 2:
AGRICULTURE ADVISORY COMMITTEE - Jim Hunter, term ending 01-01-01; Resolution #2000-R-14, as shown on page _______, commending Scott Kirby for her services.
ANIMAL CONTROL BOARD - Cindy Dale for 1-year term
HISTORICAL COMMISSION - Dan Gilmartin for 2-year term; Resolution #2000-R-15, as shown on page ________, commending Dr. Hortense Evans for her services.
LIBRARY ADVISORY BOARD - Stan Bessmer for 2-year term; Resolution #2000-R-16, as shown on page _________, commending Lois Dickison for her services.
PARKS & RECREATION ADVISORY BOARD - Kathy Gehr and Paul Klinger to 1-year terms
PLANNING & ZONING COMMISSION - Paul Tremel for 4-year term
BUILDING CONTRACTORS BOARD - James Gamble for 1-year term
ELECTRICAL CONTRACTORS BOARD - Duane H. Pitts for 1-year term
MECHANICAL CONTRACOTRS BOARD - Robert Dello Russo for 1-year term
PLUMBING CONTRACTORS BOARD - Raymond R. Holloway for 1-year term
SWIMMING POOL CONTRACTORS BOARD - Joe Polverino for 1-year term
WELL DRILLERS BOARD - Lee Voorhees for 1-year term
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley advised of his appointments for District 4.
Motion by Commissioner Morris, seconded by Commissioner Maloy to reappoint/appoint the following for District 4:
ANIMAL CONTROL BOARD - Resolution #2000-R-9, as shown on page _______, commending Karen Lewis for her services.
BOARD OF ADJUSTMENT - Wes Pennington for term ending January 1, 2004
CODE ENFORCEMENT BOARD - Susan Doerner for a term ending January 1, 2003; Resolution #2000-R-10, as shown on page ________, commending William Fahey for his services.
HISTORICAL COMMISSION - Don Epps for a term ending January 1, 2002; Resolution #2000-R-11, as shown on page _______, commending Pat Herring.
LIBRARY ADVISORY BOARD - Beverly Myers for a term ending January 1, 2002
PARKS & RECREATION BOARD - Lois Fairbrother for a term ending January 1, 2001; Resolution #2000-R-12, as shown on page _______, commending Katie Moncrief for her services.
BUILDING CONTRACTORS BOARD - Ken Watkins for a term ending January 1, 2001
ELECTRICAL CONTRACTORS BOARD - Bob Herring for a term ending January 1, 2001
MECHANICAL CONTRACTORS BOARD - William Lang for a term ending January 1, 2001
PLUMBING EXAMINERS BOARD - Paul Honeycutt for a term ending January 1, 2001
SWMIMMING POOL BOARD - Skip West for a term ending January 1, 2001; and Resolution #2000-R-13, as shown on page _______, commending Sam Sears for his services.
WELL DRILLERS BOARD - David Allen for a term ending January 1, 2001.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide left the meeting at this time.
Commissioner Morris advised he will be going to Tallahassee this Thursday and Friday representing the Planning Council Board.
The Board, thereupon, recessed at 2:50 p.m., reconvening at 7:00 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.
REZONE/Sam Carr (Continued)
Continuation of a public hearing to consider request to rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development), associated preliminary master plan and development order; property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and W. Carrigan Avenue, as described in the proof of publication, Sam Carr, on behalf of owners WEAT Land Partners II.
Chairman Henley asked staff to explain why the applicant is requesting a continuance to March 28, 2000.
Gary Schindler, Senior Planner, addressed the Board to advise Mr. Carr has submitted a revised plan that is significantly different from the original plan. He stated that warrants taking it back to the Planning & Zoning (P&Z) Commission for approval.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue to March 28, 2000 at 7:00 p.m., or as soon thereafter as possible, request to rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development), associated preliminary master plan and development order; property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and W. Carrigan Avenue, as described in the proof of publication, Sam Carr, on behalf of owners WEAT Land Partners II.
Under discussion and upon inquiry by Commissioner Maloy, Mr. Schindler advised the continuance will give staff plenty of time to bring this issue before the P&Z Commission.
Upon inquiry by Chairman Henley, Mr. Schindler advised the applicant has not indicated whether or not he will discuss his revised plan with the homeowners association.
Districts 1, 2, 3, 4 and 5 voted AYE.
REZONE/Brossier Co. (Continued)
Continuation of a public hearing to consider request to Rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development), associated preliminary master plan and development order; property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and Econ River Place, as described in the proof of publication, Brossier Company.
Mr. Schindler stated the reason this item was continued is because the applicant had made some revisions to the site plan in response to the CPTED and he was working with the homeowners in coming up with solutions that would be acceptable to them. He stated staff has reviewed the plan and finds that the proposed plan complies with the Land Development Code. Therefore, staff recommends approval of the request.
Upon inquiry by Commissioner Maloy, John Dwyer, Current Planning Manager, addressed the Board to advise staff has not reviewed the letter (not received and filed) from the applicant requesting a slightly smaller parking space (9x18) with less stormwater runoff.
Commissioner McLain stated he would like to compliment the Sheriff, the developer, and staff for working together in coming up with ideas for reducing crime.
Attorney Dwight Saathoff, Akerman, Senterfitt & Eidson, addressed the Board to submit a booklet and an aerial map containing site data (received and filed). He stated he has been working hard with the residents and Commissioner Maloy in addressing their concerns. This will be a luxury apartment project and not a student housing project. He referred to Tab #1 of the booklet and reviewed the list of conditions that the applicant is recommending to be imposed upon them. He referred to and briefly reviewed a lengthy letter from the Sheriff's Office consultant, Dr. Randall Atlas, listing those items that he felt should be in the site plan in order to make it compatible with the CPTED principles. He said this site is significantly different from other projects as it is not adjacent to single-family residential. The location of the site is unique as it is adjacent to the Little Econ and it is a natural amenity and is something they have tried to incorporate into their site plan. He added he knows that traffic is bad, but FDOT is underway widening SR 434 from McCulloch to Mitchell Hammock Road. He reviewed the traffic and market studies and the parking issues that are included in the booklet.
Mr. Dwyer stated the final master plan and developer's commitment agreement will have to come back to the Board for approval, and staff would like to see the final numbers for the parking spaces during that time.
Discussion ensued between the Board, Mr. Dwyer and Jay Jackson, Engineer, relative to the parking spaces, preservation of trees, and open space.
Al Bailey, 489 Wilmington Circle, addressed the Board to state he represents Remington Park and he would like to submit a fax (not received and filed) he received from the Brossier Co. He stated he supports 9 x 18 parking, but the one thing he does not agree with is that it will not help the traffic on Alafaya Trail.
Colleen Thompson, 3072 Hazelton Place, addressed the Board to submit a letter (received and filed) from Susan Eberle. She stated the citizens are not experts on this issue, but no matter what they say and how many letters they write, they do not have a chance. She said after the Riverwind complex came in, it was like an open hunting ground for students and that is why the applicant has agreed to placing a 12-month lease on the apartments so they can deter the students from renting.
Charlotte Carver, 3045 Lowery Dr., addressed the Board to speak in opposition to the request. She stated the residents were told many things by the developer when Riverwind came into their neighborhood. The residents found out that the trees were obliterated, the housing projects are going to be rented by the bedroom, and there is going to be 4 bedrooms with 4 baths as opposed to 3 bedroom, two bath. She stated if the Board approves this project, they will not only introduce different lifestyles into the neighborhood, but also crime. She added she would like to know what kind of law enforcement the area is going to have. She stated she would ask the Board to oppose the project until they can make sure the developer enforces all of the promises he has made. Also, she would like the Board to take a look at crime in other apartment complexes in Seminole County.
Commissioner Maloy stated the Board has taken a lot of time and effort in addressing the issue of crime and to make sure that if anything goes in there, it is top quality and there won't be any problems down the road.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Maloy stated he feels that this project is a lot better than it was a year ago and he believes the residents' voices were heard.
Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt Ordinance #2000-1, as shown on page _________, rezoning property located in the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and Econ River Place, to PUD (Planned Unit Development); approve the associated preliminary Master Plan and Development Order, as shown on page _________, as described in the proof of publication, Brossier Company, including the 15 items committed to the homeowners and the additional 15 conditions submitted, with the deletion of Item 3b which was the question of the road modification, with Item 3c, modified parking, to be reviewed during the site plan process.
Under discussion and upon inquiry by Commissioner Morris, Mr. Dwyer advised the final site plan and developer's agreement will come back to the Board.
Upon inquiry by Commissioner Maloy, Mr. Dwyer advised during the final site plan approval, staff will ask the applicant to show them how much open space will be generated and how it will affect the drainage. Discussion ensued relative to smaller parking spaces.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Chairman recessed the meeting at 7:50 p.m., reconvening at 8:00 p.m., with all Commissioners being present.
REZONE/Ken Wright (Continued)
Continuation of a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development), associated preliminary site plan, associated rezoning development order, associated development agreement; property located in the northwest quadrant of the intersection of SR 46 and relocated Oregon Avenue, as described in the proof of publication, as shown on page _________, Ken Wright.
Mr. Schindler advised staff has been working on this project for 8-9 months and it has had significant review. He reviewed the issue of compatibility with surrounding development as outlined in the agenda memorandum. He stated the proposed square footage of the Wal-Mart facility (235,000 sq. ft.) clearly exceeds the neighborhood commercial range and appears excessive for this area of the HIP-TI periphery. This site should not be considered for any type of commercial center beyond that of a neighborhood commercial center. Therefore, due to the intensity of the proposal and the incompatibility with area residential uses, staff does not recommend the rezoning as requested.
Mr. Schindler stated based on staff analysis, staff feels that: (1) the proposed PCD Master Plan is not in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) the requested PCD Master Plan would be incompatible with surrounding development; (3) is considered in the 20-year service analysis as part of the County's adopted plan and no development is authorized without meeting concurrency requirements; and (4) would be able to meet all environmental standards. He stated staff has reviewed the proposed PCD site plan and the proposed development agreement. Regarding the issue of the proposed development agreement, it would appear that the dedication of 24.457 acres of wetlands, outside of the proposed PCD, could be construed as a benefit to the public. The Board will have to weigh this benefit against the impact of the wetland areas proposed to be developed. Regarding the proposed preliminary PCD site plan, it would appear that, with the conditions addressed in the development order, it does comply with the relevant provisions of the Land Development Code; however, it does not address the primary issue of compatibility. Based upon the fact that the proposed PCD zoning and Master Plan are incompatible with the High Intensity Planned Development section of the Comprehensive Land Use Plan and surrounding residential development, staff recommends that the requested PCD zoning be denied.
Attorney Ken Wright, Shutts & Bowen, addressed the Board to distribute a booklet (received and filed) of Comprehensive Plan policies, Land Development Code, excerpt of a traffic study prepared by Traffic Planning & Design, proposed site plan, Wal-Mart Fact Sheet and photographs of the Port Orange Wal-Mart site. He displayed and reviewed an aerial map (received and filed) showing the proposed site, the east and west side of I-4. He reviewed the history of the site and how they got where they are on this site. He stated the Amoco station will be closed when the improvements to the interchange of SR 46 and I-4 occur. As part of the development of property for Oregon Avenue, the applicant is cooperating with the County to design the actual construction, with County participation, of the realignment of Oregon Avenue. At the time the landowner considered cooperating with Florida Department of Transportation (FDOT) in exchanging this land, he met with staff to see what services could be approved. He said as the Board can see on the aerial map, the blue line indicates the right-of-way of the expanded I-4 interchange, the proposed PCD site is only several hundred feet away from the intersection. He added a line on the map indicates the northern extension of the Heathrow/Puzitti HIP-TI area. He indicated on the map the HIP land use areas, the AAA headquarters, AutoNation and the Seminole Towne Center. He added the Seminole Towne Center is located within the city limits of Sanford. He reviewed the property that is located to the west and advised that as of October 1999 a special exception was granted for a Racetrack convenience store with 10 pumps. He pointed out that HIP-Target industry is located to the west as well as the east.
Attorney Wright displayed and reviewed excerpts (received and filed) from three different Development Review Committee meetings indicating that Mr. Dwyer has no objections to the proposed use, if modified. A fax copy of the excerpts were also received and filed. He stated those comments consist of a serious concern and comment regarding the site plan that were atypical. There was a conflict regarding the height of the light fixtures in the parking area. He said he feels that staff will make sure that the site plan contains specific conditions and recommendations on a specific site to make it compatible with surrounding areas, light poles, open space requirements and how they were calculated, landscape buffers, signage and location. The applicant had requested having trailer storage at the rear and staff had objected to that. He stated the applicant has decided to do away with the trailer storage and to recalculate the open space. The applicant gave into every concern that was raised and that leads to staff's comments that the development order and the plan would meet the requirements of PCD. The fact that the applicant had gone through the elaborate review process they were surprised that days before the P&Z meeting, staff readdressed, for the first time, the issue of compatibility with the surrounding uses and consistencies with the Comp Plan. The Local Planning Agency (LPA) recommended approval of this request and requested the applicant to come back and produce a proposed development order and address the site plan issues. He said the applicant cooperated with staff in generating a development order and a plan, which incorporated the suggested modifications, that came back to P&Z and it was passed by a majority vote.
Attorney Wright displayed a site plan (received and filed) and reviewed the green space preservation on the east and west side and landscaping within the parking area. He stated there were notes on the plan indicating that there will be additional planting of trees. Those trees will uniformly be about 65-70 feet in height, which will have a height canopy. An illustration showing the height canopy was received and filed. He said when Oregon Avenue was constructed by the applicant, the location of the curb cuts, right-of-way design, turn lanes and stacking issues were dealt with. The plan shows the rear lot of Lake Forest and the applicant is proposing a buffer. The distance of the closest residence and the proposed facility is about 450-500 feet and to the west that number almost doubles. He said he would like to comment on the inconsistencies of the staff's report and show the Board that this application is consistent with the Comp Plan. He displayed a chart showing Table 2.3 (received and filed) of the Comprehensive Plan and reviewed the permitted zoning districts for Higher Intensity Planned (HIP) Development. He stated the four zoning classifications for HIP are PUD, PCD, PLI and TI. A public land institution is not appropriate and TI does not exist. He discussed the High Intensity Plan Development Nonresidential land use, the core and transitional areas as outlined in Table 2.3, and the appropriate land use policies for HIP. He noted that Table 2.3 does not list Policy 2.1 in the zoning category. He displayed and reviewed Table 2.2 (received and filed) relative to HIP permitted use guidelines. He referred to the note at the bottom of the table and advised the note indicates that separate permitted use guidelines are established for the north I-4 HIP Target Industry area. He displayed Policy 2.5.11 (received and filed) and reviewed the uses that the HIP areas comprise of along the north I-4 target industry corridor. If the Board approves multi-family next to Suburban Estates, then there will be inconsistencies in the Comp Plan. He referred to and reviewed excerpts (received and filed) from Colonial Grand's responses to Fred Edwards' interrogatories. He submitted and reviewed a traffic report assessing the traffic impact of the northwest Oregon property and a copy of the qualifications of the Traffic Planner who completed the study (both received and filed). He also submitted a letter (received and filed) from Conklin Porter & Holmes with attached resume of Kenneth Steeves indicating that they have reviewed the master plan and based on their experience, this plan complies with the Comprehensive Plan and the Land Development Code. He stated he has a resume and report (both received and filed) from Steve Clark, Urban Forester, relating to the tree height. He said Tim Crebbs from Wal-Mart is enroute to the meeting and he would like to have an opportunity to speak. An illustration showing the front, rear, left and right elevations was received and filed.
Commissioner Van Der Weide stated he would hope staff can explain the difference between their conclusions and the applicant's conclusions.
Chairman Henley stated he will ask staff to comment on how they arrived at their conclusions. He stated he feels all of the Board members and the community are looking for the truth and they want to be confident that the information is correct.
Attorney Wright stated the architectural rendering incorporates representations by the applicant, and comments and requests by staff regarding specific elements. He stated he would like to submit a Community Resource Guide (received and filed) from Wal-Mart.
Chairman Henley stated he has received written comments from the following in support of the requested rezoning: Donna Owens; Norman Sparks; LaVergne Morse; Carolyn Leonard; Edith Wittenmyer; Jack Kaiser; Alan Winn, Gary DeCocq; Rowena Garzon; Michael Lewis; Richard Leeders; and Maureen Haig.
At the request of Chairman Henley, Frances Chandler, Planning & Development Director, addressed the Board to explain the staff's findings, which they based their recommendations on, and the applicant's comments. She began by reviewing the findings and conclusions of the HIP Target land use designation study. She commented on the issue of no objections to the proposed use.
Commissioner Van Der Weide stated he would like staff to respond to the specific items that Attorney Wright mentioned. Discussion ensued.
Ms. Chandler stated she does not believe the amount in the intensity of commercial development is an inconsistent statement relative to the commercial use and the issue of intensity. She displayed and reviewed a Comprehensive Plan map showing the adopted functional classifications for the transportation system in the County. That classification was adopted the same time the HIP-TI land use was adopted and it identifies the location of both collector and arterial roads. She reviewed on the map that International Parkway is being identified as a collector facility, SR 46 being identified as an arterial facility, and Oregon Avenue is shown as a local facility. She advised the TI zoning district is correct; however, the Target Industry uses were adopted as permitted uses in Policy 2.5.11, Sub A.1. A table (2.2a) was provided identifying what the uses were for the north aquifer corridor and there are various HIP land use categories in that table. This area is a HIP Target Industry and the FAR for that use has two cores. Tracts that abut residential districts are 3.5 FAR and the other tracts not abutting residential are 1.0 FAR. She reviewed staff's determination of what created compatibility for HIP-TI, what special provisions are required, the policies for HIP development, and the land use compatibility between different uses (Table 2.1). She reviewed the response drafted by the County for the Colonial property issue. She stated Policy 2.2.5 does not require that Table 2.1 be the sole determining factor but is one tool utilized for traditional determinations. The HIP land use itself requires a transitional land use, not buffers or walls. Policies 2.2.11, 2.5.8, and 2.5.9 talks about the same issues relative to establishing appropriate intensities next to incompatible existing uses. These policies are important relative to the compatibility discussion.
Upon inquiry by Commissioner Morris, Ms. Chandler pointed out the area met the criteria for being in that location. She stated the retail total amount is 23,750 sq. ft., the combination retail office is 88,500 sq. ft. and the neighborhood retail office combination is 35,400 sq. ft. The site layout itself has certain restrictions and the permitted uses are laid out in the plan and are fairly restrictive.
Upon inquiry by Commissioner Morris, Mr. Dwyer advised he received a fax (not received and filed) from Peggy Templeton, NTS, indicating that Race Track Petroleum Inc. no longer intends to pursue a site at Lake Forest.
Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised the special exception for a gas station expires within 180 days, and if that expires, the applicant would have to come back for approval for another one.
Upon inquiry by Commissioner Maloy, Ms. Chandler clarified the designation of the intersection of Oregon Ave. and SR 46 and the requirements for compatibility under HIP-TI.
Ms. Chandler explained for Commissioner Morris why the buffer is not shown on the site plan.
Commissioner Maloy left the meeting at this time.
Chairman Henley recessed the meeting at 9:45 p.m., reconvening at 9:50 p.m., with all Commissioners being present.
Chairman Henley advised of Written Comment Forms from Brad Bender and Christina Valkenburg supporting the request.
James Cozad, 7360 W. SR 46, addressed the Board to state the residents don't want any development west of SR 46 at all. He stated he has lived in the area for 40 years and there is a good buffer zone along the site.
Wade Morse, 5434 Orange Blvd., addressed the Board to state he and his wife has lived in the area for 26 years. He submitted a Petition, as shown on page _________, with almost 200 signatures supporting a Wal-Mart in this area. He stated he would like to see the entrance landscaped and beautified, as it would look a lot better than a pile of dirt.
Chairman Henley advised the following have submitted a Written Comment Form opposing the request: Eric Harst; Noel Black; Tavia Haas; Bob Bugnacki; Sandra & George Olio; Warren Lee; Dr. & Mrs. Ira Schwartzberg; Kartar Dhaliwal; Carole Spencer; Dale & Suzetta Bragg; Mary Fagan & Joseph Trotta; Tillman; Jack Goebel; three forms with no names; Al Bradwell Parks; Penny Sheipe; Christine Smith; Terrance Wagner; Elise Hulme; Alice MacDowell; James Roberts; Kristine Bugnacki; Keith Schue; C.J. Metzler; and David Segbers.
Attorney Dwight Saathoff, representing Orlando Lake Forrest Joint Venture and the Lake Forrest Homeowners Association, addressed the Board to submit a booklet (received and filed). He reviewed the three tangible provisions of the Comp Plan that are inconsistent with the proposal. He pointed out that a Wal-Mart store is a commercial retail use and the location of this site is at the intersection of SR 46 and Oregon Ave. He identified the following three sections of the Comp Plan that he feels contains specific provisions that are inconsistent with the proposal: Future Land Use element, Conservation Element and the Economic Development element. He continued by reviewing the Future Land Use element identified in Tabs 1, 2 and 8 of his booklet. He stated this proposal is inconsistent with the Comp Plan because it is a commercial use located at the intersection of an arterial road and a local road, and that is not allowed. Relative to the Conservation element, there are 91/4 acres of wetlands on the site plan, which makes up 29% of the site. The appicant's proposal will destroy that section of land. The Economic Development element gives you some sense of the overall intent of HIP-TI, and he reviewed same as outlined in Tab 7 of his booklet. He referred to and reviewed the highlighted section in Tab 11a & b, excerpts from the LPA meeting of 8/30/95 and the BCC meeting of 9/12/95. Tapes for the 9/12/95 and 12/12/95 BCC hearings were received and filed. He also read excerpts from the BCC 12/12/95 meeting.
Upon inquiry by Commissioner Maloy, Attorney Saathoff advised he feels that this should be a land use map amendment hearing and not a zoning hearing. He stated his client is not opposed to Office development, Higher Intensity Residential or Commercial development, but he doesn't believe the Comp Plan would allow any Commercial use on this site.
Win Adams, 105 Springwood Place, addressed the Board to state the Economic Development program in Seminole County is one of the best in the nation. He stated staff has indicated that this project is incompatible with the County's Economic Development program. The one thing that the businesses coming into an area look at is consistency of development and it is the Board's responsibility to make sure there is some consistency. There is a limited amount of land left in Seminole County to develop and buildout will occur around 2010 or 2013. There are already three major malls in Seminole County; and this operation could be a cornerstone as to the direction this County will go over the next 30 years. The Board needs to listen to the residents by keeping the land available for the high-tech industries that are willing to come to this area.
Monte Shoemaker, 5376 Ohio Ave., addressed the Board to state the definition of HIP Target Industry includes businesses that provide goods and services with a growth potential, high average wages, and some commercial development that was designed to meet the retail needs of the immediate area. This proposed big box retail operation of 210,000 or 235,000 square feet is a lot of footage. He stated he would suggest the Board discourage every kind of business listed as a HIP Target Industry business.
Marge Ireson, 5331 Lake Bluff Terrace, addressed the Board to speak in opposition to the request. She stated a Publix Grocery store opened west of Lake Forrest and it is compatible with the size of their community. She said she recently spoke to a lady about the Wal-Mart in Sanford closing, and stated that it should close because of the rusty carts and boxes being in the middle of the aisles. She added it is difficult for her to comprehend the size of the Wal-Mart proposal as it will be approximately sevens times the size of the new Publix store. The Seminole Towne Center mall is a reasonable size mall that represents the size and character of their community. If the residents cannot get what they need at the mall or at Publix, there are excellent services on Lake Mary Blvd. She asked the Board if it was fair to these businesses to allow a big-box retailer to come in and choke them out. She stated she is not opposed to development. She added that their forest is a beautiful gateway to Seminole County but it needs to be preserved as much as possible.
Robert Foster, 4949 Shoreline Circle, addressed the Board to state he would like to defer his comments to Mr. Bob Manuel.
Robert Maiocco, 5234 Forest Edge Ct., addressed the Board to state he agrees with Attorney Saathoff's comments.
Phares Heindl, 2415 Rivertree Circle, addressed the Board to state he represents the Friends of the Wekiva. He stated the Wekiva River Protection Act maintains rural character and densities. This area begins at Orange Avenue and extends all the way to the center of Mt. Plymouth. When the Wekiva River Protection Act was formulated, it was requested that the protection area begin at I-4 and extend past Mt. Plymouth. The Orange Avenue beginning point was a downward compromise to protect the Wekiva River area. According to the Statute and the Comp Plan, no commercial development will be located at that point. He said this large area, serving commercial entity is inconsistent with the transition corridor and he opposes it.
Sal Giardina, Shoreline Circle, addressed the Board to submit a letter (received and filed) from Fred Tepper who is the owner of The Argonide Corp. He stated Mr. Tepper's letter speaks in opposition to the proposed development.
Bob Manuel, 5336 Fawn Woods Ct., addressed the Board to state the Publix store has nine other stores in the complex and they serve the local residential community. He stated he is not opposed to a Wal-Mart store, but he is opposed to a big-box retail store as it is not compatible. He said he heard that petitions were prepared at the Wal-Mart store in Sanford to see if they were opposed to a Super Wal-Mart. They were not asked if they wanted it in their neighborhood.
Deborah Taylor, 4847 Shoreline Circle, addressed the Board to state she is here with hundreds of neighbors expressing their opposition to the proposed rezoning of this property. She stated the proposed development agreement should not be approved and she would like to express her confidence that the Board will make the right decision. When these proposals create serious problems, it should be rejected. The applicant is well aware of the residents' opposition as it will increase traffic density in an already overburdened, overcrowded corridor. It will bring high transit commercial on a 24-hour basis. She added the residents feel the proposed development should be on the east side of I-4 where the bulk of commercial property exists. The residents feel the use of this land should be dedicated to a more appropriate project, such as an office complex.
Gene McKay, 4916 Fawn Ridge Place, addressed the Board to state over the last few months the residents have submitted legal, moral and economic reasons to reject this zoning request. He stated they also have provided an extensive report that shows the disastrous economic effect a big box retail will have on this community. He submitted the Shils report (received and filed) measuring the economic and sociologic impact of the mega-retail, discount chains on small enterprise in urban, suburban and rural communities. He stated the residents have raised questions relative to increased crime, traffic and pollution, as well as campers using Wal-Mart's parking lots as campgrounds and how the residents are fighting to keep these stores out of their communities. He said the residents are prepared to do whatever it takes to keep big-box retailers out of their neighborhoods.
Bob Longley, 729 Ashgrove Terrace, addressed the Board to state he opposes the request and he agrees with everyone's comments.
Nick Puddicombe, 5359 Fawn Woods Court, addressed the Board to state he is in opposition to the request.
Elmer Nagy, 723 Ashgrove Terrace, addressed the Board to state he is in opposition to the request and he agrees with what has been said by those in opposition.
Brenda Jones, 4918 Shoreline Circle, addressed the Board to state her issues have been addressed, therefore, she will yield her right to speak.
Denice Cerabino, 316 Still Forest Terrace, addressed the Board to state the Tall Trees Homeowners Association agrees with all those in opposition.
Brant Ballard, 5374 Deep Woods Ct., addressed the Board to state he is not against development along SR 46, but he is looking for development in line with the Comprehensive Plan and HIP TI. He stated he is concerned about this proposed big-box retailer being so many times the size of what is targeted for HIP rezoning. He said from a traffic perspective, he would challenge the Board to not allow this area to become as bad or worse as the SR 434 or SR 436 areas around I-4. This is an opportunity to shape the growth that is going to occur in this area. This rezoning should have been denied during the P&Z process. He stated he is concerned that this will become a political driven process rather than one considering the best interest of the people. The residents have heard that this will be a 3-2 vote in favor of this proposal. He stated this is the Board's opportunity to prove to the citizens that what they heard is wrong and this has not been resolved as a done deal and the citizens have not wasted their time in the process.
Commissioner Van Der Weide stated the P&Z Commission have the following three options and that is to recommend, deny or to move it forward without any recommendations.
Attorney Saathoff stated he thinks he has said all that he can say and he does not need any additional time for rebuttal.
Attorney Wright displayed DRC comments and pointed out that this is a process where property owners come in to obtain approval for their applications. He stated the applicant was told that staff had no objections and then changed their direction relative to the request. None of the DRC comments had anything to do with compatibility or relative to the issues that are being discussed tonight. He reviewed issues relative to Policy 2.5.9 and 2.5.11 that were brought up by Ms. Chandler and Attorney Saathoff. This site is located at the intersection of SR 46 and I-4. This is not an issue of land use and it is not a Comp Plan amendment, it is a zoning issue. He reviewed Attorney Saathoff's comments relative to Policy 2.5.11. He submitted a copy of a facsimile (received and filed) from Tonia Bernoski, Current Planning Division, stating staff had not received a withdrawal letter from NTS on file. He stated he has shown the Board that he has met with the procedure requirements of the Land Development Code and he is in compliance with the Comp Plan. He displayed and reviewed the County's response to the ORC report. He said he has shown the Board that the land use is appropriate, the Board has approved commercial land uses equal to or greater than this west of this site, HIP is located less than 1/2 mile down the road, and commercial development is located west of this site. The land use, PCD approval, and the size is appropriate and it is consistent. He also submitted Policy 2.2.4 relative to neighborhood commercial uses.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Letters opposing the Wal-Mart rezoning request were received and filed.
District Commissioner McLain stated the Board's responsibility is to make sure that they keep an open mind as much as possible and make a decision based on all the information provided. He stated he has been aware of this project for at least eight months and he has some serious reservations. He said he has given the applicant every opportunity to provide information; and based on all of that information he has obtained, he cannot support this project.
Motion by Commissioner McLain, seconded by Commissioner Morris to deny request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development), associated preliminary site plan, associated rezoning development order, associated development agreement; property located in the northwest quadrant of the intersection of SR 46 and relocated Oregon Avenue, as described in the proof of publication, Ken Wright; Denial of Development Order, as shown on page ________.
Under discussion, Commissioner Morris stated his vote will be based upon staff's comments. He stated he believes staff's response was sufficient to respond to the applicant's problems. The problem he has had with this project is what is transition and what is the real application, what are they looking at and what was examined.
Chairman Henley stated he has listened to both sides and he has met with staff. He stated the Board is not insensitive to the people's opinions and he feels there have been good reasons as to why this is a good project. A lot of information has been submitted this evening and he still has a question as to what is the right thing to do. He added if the Board is going to err, they should err on the side of caution, therefore, he will be supporting the District Commissioner's motion.
Commissioner McLain stated he feels it is clear that this site will be developed and if this motion does not pass, the Board will then hear other proposals.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLain left the meeting at this time.
ITEMS FOR FUTURE AGENDA
Monte Shoemaker stated he has done everything he can in making the process better, but he keeps getting tripped up. He said he has forced his County Commissioner to meet with people throughout this County who have reached the point of frustration with their government. He stated if this meeting didn't show the Board that the people do not understand the system, he would like to know what will it take to help them.
Commissioner McLain reentered the meeting at this time.
Mr. Shoemaker stated most of the people in the area are ignorant of the process and they do not know where to go to get their information. He stated he would recommend creating an office to help the citizens with these problems.
Commissioner Van Der Weide recommended that Mr. Shoemaker contact the Charter Review Commission to see if they would consider this issue.
Chairman Henley stated the Board has to recognize the positive things that have been done so far. He stated part of the reason people do not understand is many of them are not interested until something occurs that impacts them. This Board has spent considerable amount of money in trying to help the public understand through public TV, but the problem has not been solved through this process.
Commissioner Morris recommended scheduling this issue as a briefing item. The Board voiced no objections.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11:45 p.m., this same date.