BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 13, 1998
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 1:35 p.m. on Tuesday, January 13, 1998, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Randy Morris (District 2)
Vice Chairman Win Adams (District 4)
Commissioner Grant Maloy District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner Daryl McLain (District 5)
Clerk of Circuit Court Maryanne Morse (late)
County Manager Gary Kaiser
County Attorney Robert McMillan
Deputy Clerk Eva Roach
The Invocation was given by Pastor John Holloway, Church of God, Longwood.
Pastor Jimmy Dale Patterson led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-1, as shown on page __________, proclaiming the week of January 19 - 23, 1998 as "Week of the Working Parent".
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Hollee Finlay, Director of Development Community Coordinated Care For Children.
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Motion by Commissioner Maloy, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-2, as shown on page __________, proclaiming the week of January 18 - 24, 1998 as "Celebration of Volunteerism Week" in recognition of the 50 years
of dedicated service to the Seminole County community by the Junior League of Greater Orlando, Inc.
The Board presented the Resolution to Nancy Tallent, who expressed her appreciation on behalf of the Junior League of Greater Orlando.
Districts 1, 2, 3, 4 and 5 voted AYE.
OFFICIAL MINUTES
Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to approve the Official Minutes dated November 25 and December 16, 1997.
Districts 1, 2, 3, 4 and 5 voted AYE.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to authorize the filing of the proofs of publication for this meeting's scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
APPEAL AGAINST BOA/Jere Pile
Proofs of publication, as shown on page _________, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception to permit a Par 3 golf course and clubhouse on a 17-acre site located on the north side of Dixon Road, 1/8 mile east of Sunshine Tree Boulevard and ¾ mile north of E.E. Williamson Road, Jere Pile, received and filed.
Ginny Markley, Zoning Coordinator, addressed the Board to advise the appellant is requesting a 30-day continuance in order to allow his Transportation Engineer to complete the traffic management study and an Impact Assessment Study. She stated staff has no objections to the continuance.
Upon inquiry by Chairman Morris, Ms. Markley advised staff has received a request to consider the appeal during the evening meeting (7:00 p.m.).
Jere Pile, appellant, addressed the Board to advise he is requesting a continuance as he feels that certain items have been discussed and he is not prepared to address them today. He stated 30 days is more than adequate.
Frank Shelton addressed the Board to object to continuing this item as people took time off from work in order to attend this hearing.
Gregory Person addressed the Board to state he objects to granting an extension on this item as he had to change his schedule around in order to attend today’s meeting. He stated he feels that all of the needed information should have been completed between the time of the Board of Adjustment (BOA) hearing and today’s hearing.
Brenda Soper, Mandarin Subdivision resident, addressed the Board to speak in opposition to the request. She spoke in regard to the cost and homeowners’ time to readvertise this item.
Maria Peterson addressed the Board to briefly speak in opposition to the continuance.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
Motion by Commissioner McLain, seconded by Commissioner Adams to continue to Feb. 24, 1998, at 7:00 p.m. or as soon thereafter as possible, request to consider an Appeal against the Board of Adjustment in denying a Special Exception to permit a Par 3 golf course and clubhouse on a 17-acre site located on the north side of Dixon Road, 1/8 mile east of Sunshine Tree Boulevard and ¾ mile north of E.E. Williamson Road, as described in the proof of publication, Jere Pile, with this item to be the first public hearing on the agenda.
Under discussion and upon inquiry by Chairman Morris, Ms. Markley advised the Traffic Engineer has reviewed the traffic analysis and he indicated that this use would impact the neighborhood. The applicant indicated that he would like to submit additional information to dispute that.
Commissioner Van Der Weide stated the Board basically grants extensions for an applicant in spite of continuances they don’t favor. He stated he can support the District Commissioner’s request to continue this and to allow the appellant time to submit additional information.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
ECONOMIC DEVELOPMENT
Bob Turk, Economic Development Manager, addressed the Board to introduce Patricia Gary, International Counsel of Florida. He stated Ms. Gary is here to introduce two ladies visiting from Japan.
Patricia Gary addressed the Board to introduce Ms. Yoskie Ikeda, Chief Economic Planning Section, City of Sapporo, and Ayako S. Timmons, Director, Japan American Society (interpreter). She submitted to the Board official letters (not received and filed) and a list of the world administrators (received and filed.
Ms. Ikeda addressed the Board to express her appreciation. The Board in turn presented Ms. Ikeda and Ms. Timmons with gifts.
PUBLIC HEARINGS (Continued)
EMERGENCY ORDINANCE/TEMPORARY IDLE SPEED/
NO WAKE ZONE/ST. JOHNS RIVER
The Board considered an Emergency Ordinance pertaining to temporary Idle Speed/No Wake Zone for a portion of the St. Johns River and related areas.
Lonnie Groot, Deputy County Attorney, addressed the Board to advise due to the high water level on the St. Johns River, the Sheriff is requesting Board approval of an Emergency Ordinance to establish a temporary no wake zone on said river. He submitted a memorandum from the Sheriff to the Chairman and a memorandum from Captain Armstrong to Chief Deputy Steve Harriet reflecting the emergency situation on the St. Johns River. Both memorandums were received and filed. He asked the Board to proclaim this as an emergency and act upon the ordinance.
No one spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Adams to adopt Emergency Ordinance #98-1, as shown on page _________, pertaining to temporary Idle Speed/No Wake Zone for a portion of the St. Johns River and related areas.
Districts 1, 2, 3, 4 and 5 voted AYE.
REZONE/SITES 11, 18 & 13
Proofs of publication, as shown on page _________, calling for public hearings to Rezone from M-1 (Industrial) to M-2 (Impact-General Industrial; property located at the southeast corner of Rand Yard Road and the CSX Railroad, north of SR 46, containing approximately 3 acres (Site 11); Rezone from M-1 (Industrial) to M-2 (Impact-General Industrial); property located on the south side of the CSX Railroad, north of Jewett Lane and on the north and south sides of 5th Street, between Airport Blvd. and Persimmon Avenue, containing approximately 16 acres (Site 18); and Rezone all or part of site from M-2 (Impact-General Industrial) to M-1 (Industrial); property located south of SR 46, bordered by Cameron Avenue on the east and located on the east and west sides of Beardall Avenue, north of Moores Station Road, containing approximately 143 acres (Site 13), received and filed.
Commissioner Maloy questioned whether the proposed rezoning hearings should be continued until the 7:00 public hearing. Whereupon, discussion ensued relative to continuing these items.
Commissioner Van Der Weide stated he feels the Board should poll the people in the audience to see if they are interested in continuing these items as this is a very large subject in the public’s mind. He stated he is willing to move along with the majority of the Board, but he has no problem continuing these items for this evening.
Chairman Morris explained the procedures of how public hearings are held. He advised that the Board will not poll the audience and the Board will determine whether to continue the items to this evening’s hearings. The Board, therefore, decided to hold the second public hearing at this time.
Frances Chandler, Acting Director of Planning & Development, addressed the Board to advise this is the second and final hearing to rezone any or some portions of the proposed three properties. She explained what the difference is between these properties and the criteria for providing additional sites.
At the request of Ms. Chandler, Mr. Groot explained why they would recommend a policy choice as to where the adult entertainment establishments should be located and the amount of acreage to serve that use.
Upon inquiry by Chairman Morris, Ms. Chandler advised staff would recommend dealing with all three sites at one time, take public comments, close that, and then allow the Board to determine where they would prefer the location of adult entertainment.
Ms. Chandler recapped some of the issues that the Board requested staff to analyze relative to what portion of the acreage east of the Orlando Sanford Airport (Site 13) would be the most logical to remain as M-2 zoning; how much acreage would be the adequate number of sites; and to discuss the draft joint planning agreement with the City of Sanford. She stated staff has received a letter (received and filed) from the City of Sanford Mayor Larry Dale. Chairman Morris read said letter into the Record.
John Dwyer, Current Planning Manager, addressed the Board to review the propose rezonings, locations, existing and abutting uses, and development trends of Sites #11, #18 and #13 as outlined in the agenda memorandum. He stated staff feels the M-2 zoning for Sites #11 and #18 would be compatible with surrounding uses based upon findings that: (1) The sites would meet all separation requirements from a residential zoning district and land use, churches, schools, day care centers, public buildings, parks and recreation, etc. for M-2 zoning; (2) M-2 zoning in these locations would be consistent with the locational criteria of the Comprehensive Plan relating to the location of adult entertainment establishments and sexually oriented businesses; (3) M-2 zoning in these locations would be compatible with development trends in the area toward industrial uses; (4) M-2 zoning in these locations would be compliant with the provisions of the Seminole County Comprehensive Planning and the Seminole County Land Development Code; (5) M-2 zoning in this location would be compatible with surrounding development; (6) 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 (7) Would be able to meet all environmental standards.
Mr. Dwyer stated staff feels that M-1 zoning for Site #13 would be compatible with surrounding uses based upon findings that: (1) M-1 zoning in this location would be compatible with development trends in the area toward industrial uses; (2) M-1 zoning in this location would be compliant with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (3) M-1 zoning in this location would be compatible with surrounding development; (4) Is considered in the 20 year service analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency standards; and (5) Would be able to meet all environmental standards.
Mayor Larry Dale, City of Sanford, addressed the Board to state the City would prefer that the existing businesses be grandfathered in. The City has recommended Sites #11 & #18 as they feel the site at the airport could become a war zone. He stated the City of Sanford would encourage the Board to adopt the proposed ordinance and to rezone the airport site from M-2 to M-1.
Upon inquiry by Commissioner Maloy, Mayor Dale advised the City will keep their current sites even if the Board approves or denies Sites #11 and #18. They have no plan to reduce those sites.
Upon inquiry by Chairman Morris, Mayor Dale advised no club has submitted an application to open a club in the City of Sanford area. The City’s proposed sites are not located in areas that would be the type of exposure the clubs want.
Upon further inquiry by Chairman Morris, Mayor Dale advised if the Board does not grandfather the south side, the City of Sanford would oppose any creation of zones in Sanford that would become a war zone. The City would vehemently fight to keep a war zone from being established in Sanford.
Upon inquiry by Commissioner McLain, Mr. Groot advised the County would lose their M-2 zoned sites if a party wanted to annex that site into their governmental entity.
Stan Bessmer, representing English Estates Woods, addressed the Board to advise he is in favor of Sites #11, #13 & #18. He stated everyone talk about leaving the trash where it is presently located in Fern Park. There are approximately 7,000 residents living ½ mile from the present clubs. The residents of Fern Park depend on the Board to protect their values and to remove the blight that is affecting their neighborhood. He stated he drove around the County and he has seen a lot of sites, including a dozen sites on the other side of Altamonte Springs and towards Heathrow.
Rev. Jimmy Dale Patterson, Pastor of Central Baptist Church, addressed the Board to state two years ago his church relocated to SR 46 and they went out to that part of the community with the commitment to be a positive and preserving influence in that area. He stated his church is opposed to Sites #11 and #18 because they are not compatible with the worship environment of their facility nor are they conducive to the children’s ministry that is housed in their facility. He discussed the issues of jeopardizing the heart unit that is being proposed at the Columbia Hospital, the private school in the area, and the tourists coming into the area.
Milton Smith, representing the Lord and Central Baptist Church, addressed the Board to state he is in opposition to the proposed sites being rezoned to M-2. He stated there has been a war between God and Satan for some time and if the Board approves the sites, then they are voting with Satan. If the Board does not approve the sites, then they will be voting with God. He said he is going to pray for the Board to make the right decision.
Thomas Jimenez addressed the Board to speak in opposition to the rezoning of Sites #11 and #18. He stated he is opposed to any action that provides growth for adult entertainment or sexually oriented businesses. He said he is also opposed to using taxpayer’s money in providing water, sewer and roads to accommodate their growth. The majority of the citizens do not want to see adult entertainment industry growth in the County. He submitted his comments (received and filed) into the Record.
Tom McDaniel addressed the Board to state M-2 zoning is morally wrong, and wherever the Board places the zoning, it is economical and political suicide. He stated these establishments will increase the crime rate and wherever it goes, it will be an eyesore. He added he is in opposition to rezoning Sites #11 and #18, but he is in favor of Site #13 being rezoned to M-1.
At the request of Chairman Morris, Mr. Groot explained what the danger would be if adequate sites are not provided.
Chairman Morris read comments from: Gerald Fugate; Vera Ratcliffe; Rose Marie DeMilta; David Rowland; Larry Fisher; Bobie Reaves; Kenneth Cogburn; Worth Yates; and Evelena Yates.
Joanne Kazimi, representing Page School, addressed the Board to state she is speaking on behalf of Mandy Turner, Director of Page Private School. She stated Page School has been in this area for approximately 15 years and they believe in the quality of growth in this area. The school is expanding and there is a possibility that a high school may go in near that area. What the County needs to consider is what is going to happen long-term. She said she moved from Fern Park and the property value of her home there went down significantly.
Chairman Morris read comments from Worth Yates and Evelena Yates.
Karen Giambalvo, representing residents of Lake Forest Subdivision, addressed the Board to state Site #11 is within 5 minutes of their subdivision gates. She stated she believes that any site located off of SR 46 will have a negative impact on the city and will result in decreased property values. She said these establishments are affiliated with crime, drug trafficking, lewd and lascivious behavior, prostitution, offensive billboards, and serious bodily injuries and deaths to innocent drivers or pedestrians caused by drugged drivers. She added she wants to enhance Sanford’s 13 miles of assets and not deter from its current quality of life and vitality. She said their current lifestyles contribute to many things and she highlighted those lifestyles. She submitted letters (received and filed) from residents opposing any plans that would allow adult entertainment establishments to locate within ten miles of their residential community. She asked the Board to protect the City’s residents and their children’s future.
Chairman Morris read comments from Gail Foster; Ed Chaudoin; Barbara Stone; Jack Thomas; Joyce Murphy; Barry Keller; James L. Merideth; Robert Foster; a lady named Barbara; Lena Mellott; Raymond Mellott; Sue Christensen (a copy of her comments was received and filed); Jack Owen; Ethelyne Owen; Ann Love; and Sherra Jones.
Susan Doerner addressed the Board to state the Fern Park area has never accepted the nude bars. She stated she only supports the airport site and not the other two sites. She added she feels that these establishments should be distributed throughout the county.
Upon inquiry by Worth Yates, Chairman Morris advised that Mayor Dale was discussing Sanford’s sites and the area behind the Zoo is one of their sites. He stated all of the entities have sites.
Pat Warren addressed the Board to speak in opposition of the rezonings. She spoke with regard to the difficulty of getting rid of these establishments, the citizens’ health and welfare, and the problems of enforcing the law.
Chairman Morris read Barbara Studwell’s comments. Written Comment Forms were received from Patricia Thompson, Connie Cain, and Thomas Jimenez.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
District Commissioner McLain stated the Board has been dealing with this issue for quite some time and no matter which site is being considered, there would have been numerous residents in attendance opposing same. He stated his concern is to minimize the impact of these sites that they are required by law to provide. The City of Sanford has approximately 40 acres available for these establishments in which the County can take advantage of with an interlocal agreement. In reviewing the alternative motions (received and filed) that the County Attorney has submitted, if the Board would go with the airport site, he feels the area that would have the least amount of impact is the option of rezoning the site west of the airport back to M-1 and zoning the other two sites to M-2. Discussion ensued.
Upon inquiry by Commissioner McLain, Ms. Chandler explained what the advantage would be if the County entered an agreement with the City of Casselberry in providing additional sites.
Mr. Groot stated if the Board would opt for Option B, he would recommend that they modify the ordinance so that the effective date would be April 1 or whenever the Comprehensive Plan Amendments are finalized, whichever is later. He stated this would give staff time to accomplish the interlocal agreement with the City of Sanford.
Chairman Morris recommended using March 31 as the effective date.
Motion by Commissioner McLain, seconded by Commissioner Adams that the M-1 zoning classification currently assigned to Sites #11 and #18 be changed to M-2 zoning classification and that the M-2 zoning classification assigned to Site #13 be changed to M-1 zoning classification, with the effective date to be 3/31/98 or the date of the Future Land Use Amendments to the Seminole County Comprehensive Plan become final consistent with provisions of Section 6 of Ordinance No. 97-49, whichever date is later.
Under discussion, Commissioner Maloy stated he is not in favor of zoning Sites #18 and #11 to M-2 classification. He stated he feels that the site west of Sanford is too close to Amtrak, Page School, the growth of the mall, and the I-4 corridor. He said he prefers shrinking the airport site and not rezoning the sites west of Sanford.
Chairman Morris stated the City of Sanford is planning to annex the airport site and he can go along with their recommendations. This is an issue that is not very popular, but it is very real and very legal. This Board cannot reverse the United States Supreme Court’s ruling. He stated he personally feels that the airport site would make more sense, but the Board is not here to make a personal decision.
Commissioner Maloy stated he feels there is no need of going to the west side of Sanford. He stated he feels the Board should review the situation to see what materializes with the grandfather issue.
Commissioner Van Der Weide stated he feels that they have a site with adequate acreage to cover everything. Basically, what they will end up with is four acres from the City of Sanford and then the Board will turn around and dump Sites #11 and #18 on the citizens also. He stated he can support Option A as he feels the site at the airport would be more than adequate, therefore, he cannot support the motion.
Upon inquiry by Chairman Morris, Commissioner McLain stated he has visited both sites and it is clear that these two sites meet the test. He stated what he wants to do is to provide a minimal number of sites that Sanford and the County can deal with in meeting the letter of the law.
Districts 2, 4 and 5 voted AYE.
Commissioners Maloy and Van Der Weide voted NAY.
Ordinance #98-2, as shown on page _________, pursuant to Board action, was received and filed.
ADD-ON/ECONOMIC DEVELOPMENT
Tracy Grygiel, EDC Coordinator, addressed the Board to present request to approve Economic Incentive funds in the amount of $25,000 for a major manufacturing firm. She stated the manufacturing firm involves an expansion in the area and wishes to be anonymous at this time. This is a 50/50 partnership with Lake Mary and they will be voting on this issue later this week.
Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to approve Economic Incentive funds in the amount of $25,000 for a major manufacturing firm, contingent upon the City of Lake Mary’s involvement.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
VACATE & ABANDON/Michael Kramer
Proofs of publication, as shown on page _________, calling for a public hearing to consider request to Vacate and Abandon portions of Ford Street, Lakeview Drive and Scenic Drive in the Lakeview Subdivision; property located approximately a quarter of a mile west of U.S. Highway 17-92, south of SR 436, Michael Kramer, received and filed.
Sylvia Smith, Development Plans Examiner, addressed the Board to advise the vacate is needed in preparing site development to prevent a potential cloud of title caused by building in the platted right-of-way. She stated the applicant has agreed to dedicate the necessary easements to the County at the time of site plan review. Site design will determine the easement placement. The affected utility companies have no objections to the request. Staff recommends approval of the request subject to the applicant dedicating the necessary easements to the County to be determined at the time of site plan review.
Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.
Michael Kramer, applicant, addressed the Board to request approval.
Upon inquiry by Commissioner Maloy relative to staff’s report indicating preparation of site development, Mr. Kramer advised there are no plans at this time.
No one spoke in support or in opposition.
Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-4, as shown on page __________, vacating and abandoning portions of Ford Street, Lakeview Drive and Scenic Drive in the Lakeview Subdivision; property located approximately a quarter of a mile west of U.S. Highway 17-92, south of SR 436, as described in the proofs of publication, Michael Kramer, subject to staff’s recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
CLERK’S REPORT
Chairman Morris advised that the date for the Payroll Approval List of 12/31/97 should be 1/2/98.
Motion by Commissioner Adams, seconded by Commissioner McLain to authorize and approve the following:
A. Expenditure Approval Lists, as shown on page _________, dated December 9, 16, 23, and 30, 1997; and Payroll Approval Lists, as shown on page __________, dated December 11, 18, 24, 1997, and January 2 & 8, 1998.
B. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:
Tisa Christina Spraul and Continental Heritage Ins. Co. - $1,038
Elijah Grooms and Continental Heritage Ins. Co. - $1,038
Elijah Grooms and Continental Heritage Ins. Co. - $1,038
Charles Vondez Horne and American Bankers Ins. Co. - $5,038
Richard Francis Hogan and Accredited Surety and Casualty Ins. Co. - $1,038
C. Chairman to execute the Satisfaction of Judgment/Court Costs for Kevin Michael Quinn, Case No. 95000694CFA - $253 plus $38.20 interest
D. Chairman to execute the following Satisfactions of Judgment/Public Defender Liens:
Willie Gene Beauford, Jr., Case No. 96000005MM - $50
Jamie L. Boyle, Case No. 96005623MM - $100
Clayton Cochran, Case No. 97009176MM - $200
Lewis Thomas Boone, Jr., Case No. 96012401MM - $200
Casey Lee Collins, Case No. 97001376MM - $200
Barbara Ann Cullifer, Case No. 95000243MM - $200
Judy Deane, Case No. 94000762CJA - $50
Jayne Mary Gigantillo, Case No. 96012426MM - $200
George Thomas Hardison, Case No. 97000585MM - $100
Pamela Held, Case No. 96000841CFA - $350
Richard Joseph Justice, Case No. 95010911MM - $200
Thomas Lawson, Case No. 97005113MM - $200
Michael John Lathrop, Case No. 93002227CFA - $200
Andrew Earl Lord, Case No. 95002218CFA - $350
Kelly J. McGill, Case No. 94004127MM - $200
Victor Richard Olvera, Case No. 96011178MM - $200
Gerard A. Patella, Case No. 97001089CFB - $200
Freddy Raphael Tejeda, Case No. 97005554MM - $200
David Garland Varnell, Case No. 96011344MM - $200
Joshua C. Whitman, Case No. 97003274MM - $100
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted the following Clerk’s "received and filed":
1. Payment Bond and Power of Attorney, as shown on page __________, for Southland Waste of Orlando.
2. Copy of letter to Pat Rinka from Tony Matthews, Comprehensive Planning, advising of BCC action on December 16, 1997, regarding the Oviedo Marketplace First Amended and Restated Substantial Deviation Development Order.
3. Work Orders #13 (Bledsoe & Ebaugh, Inc.) and #15 (BJM Associates, Inc.), as shown on page _________, to RFP-407 for CR 427, Phase V.
4. Work Orders #7 and #8, as shown on page _________, to RFP-205, Woolpert Consultants.
5. Seminole County Victim’s Rights Coalition, Inc. Anti-Drug Abuse Act Funds Agreement, as shown on page __________, as approved by the BCC on May 13, 1997.
6. Engineering Consultant Services Agreement, as shown on page __________, with Singhofen & Associates for Myrtle Lake Outfall (M-38-97).
7. Consultant Service Agreement, as shown on page __________, with Dyer, Riddle, Mills & Precourt, Inc. for Lake Howell Outfall (M-39-97).
8. Recorded Resolution No. 97-R-97, as shown on page __________, vacating and abandoning public right-of-way for NW 46 Ltd. and Jerome Youderian, approved by the BCC on April 22, 1997.
9. Closing Documents, as shown on page _________, for the following Road Improvement Projects: Chapman Road, CR 427 Phase VI, Dodd Road, Howell Branch Road Phase I, Chuluota Bypass, Grant Line Road, Tuskawilla Road Phases III and IV.
10. Copy of letter to Margaret O. Templeton from Tony Matthews, Comprehensive Planning, advising of BCC action taken on December 16, 1997, regarding the Lake Forest DRI.
11. Certificates of No Recall of the Racing Permits, as shown on page _________, for Seminole Racing, Inc. dba Seminole Greyhound Park, Florida Jai-Alai, Inc., and Sanford-Orlando Kennel Club, Inc.
12. Copy of original Certificate of Title and Revised Certificate of Title, as shown on page __________, for subdivision plat of Keenwicke.
13. Copy of Development Order, as shown on page __________, (Vested Rights Determination) for Sanford Pine Ridge, Ltd., Windchase Apartments.
14. Letter to the Clerk from Charles L. Lester, Auditor General, State of Florida, enclosing copy of audit of the Financial Statements of the District Board of Trustees Seminole Community College for fiscal year ended June 30, 1997.
15. Records of personnel actions regarding Herb Heroy, as shown on page __________.
16. Work Order #5, as shown on page __________, to RFP-407 with S. M. Dix Associates, Inc.
17. Work Order #4, as shown on page __________, to PS-356 with Post, Buckley, Schuh & Jernigan, Inc.
18. Work Order #5, as shown on page _________, to PS-342 with Transportation Engineering, Inc.
19. Copy of Letter to Attorney Larry Gendzier from Deputy County Attorney, Lonnie Groot, regarding the Seminole County Environmental Services Headquarters Building.
20. Copies of letters to Susan Norton and Susan Holmes from Ginny Markley, Zoning Coordinator, advising of BCC action taken on November 25, 1997, regarding Special Exception hearings for a medical hardship.
21. Letter to BCC Recording Secretary from Ann Freeman, St. Johns River Water Management District, advising of tentative schedule for 1998 meetings of the Governing Board.
22. Agreement, as shown on page __________, for Appraisal Services with Rex-McGill, Inc. for Grantline Road Improvement Project (M-32-97) as authorized in BCC meeting of August 12, 1997.
23. Work Order #5, as shown on page ________, to PS-369 with Lopatka Murdock Jammal & Associates, Inc.
24. Letter to Deputy County Attorney, Lonnie Groot, from Governor Lawton Chiles acknowledging receipt of resolution that opposed the Supreme Court’s adoption of Minimum Standard G.
25. First Amendment, as shown on page _________, to Tennis Pro Agreement (M-03) with Charlie O’Brien.
26. Mutual Termination of Work Order #21, as shown on page __________, to PS-134, Glatting Jackson Kercher Anglin Lopez Rhinehart, Inc.
27. Closing Documents, as shown on page __________, on the Purchase and Sale on Natural Lands Acquisition in Geneva from Paul Abraham Demetree and Shelvy Fore.
28. Bids RFP-424-97, RFP-414-97, FC-122-97, B/D-202/JVP, FC.
COUNTY MANAGER
Chairman Morris advised that Item #13 has been pulled from the agenda for a separate vote. He informed the Board of an Add-on, Item #46, approve transfer of $330,000 to complete first phase of implementation of new compensation and classification program.
Commissioner Maloy stated he opposes Item #46 and he would like this item pulled for a separate vote. The Board had no objections.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize and approve the following:
Administration
1. Approve and authorize Chairman to execute Fourth Amendment, as shown on page _________, to Long-Term Zoological Park Lease in the amount of $25,000 on a one-time-basis to be used for the sole purpose of repair, restoration and reconstruction of the Large Zoo Pavilion; and authorize funding from General Fund Contingency in the amount of $25,000.
2. Approve and authorize staff to obtain an appraisal of 15.449 acres in Lake Minnie Estates, Walker & Associates; and authorize staff to negotiate a Purchase Agreement for Board of County Commissioners’ consideration.
Tourism Development
3. Approve and authorize Chairman to execute Agreement, as shown on page _________, in the amount of $75,000, between Seminole County and the Orlando Area Sports Commission for calendar year 1998.
Public Works
Traffic Engineering
4. Adopt appropriate Resolution #97-R-3, as shown on page _________, increasing speed limit from 40 mph to 45 mph on McCulloch Road from SR 434 east to Old Lockwood Road-Tanner Road. District 1
5. Approve and authorize Chairman to execute Railroad Crossing Improvement Agreement, as shown on page _________, for County Road 15 (Country Club Road). District 2
Planning & Development
Development Review
6. Approve and authorize Impact Fee refund in the amount of $19,414.37 to The Sembler Company. District 4
7. Approve and authorize Impact Fee refund in the amount of $15,406 to Florida Extruders International, Inc. District 2
8. Authorize release of Performance Agreement and respective Letter of Credit in the amount of $241,600, for Chase Groves Unit 4A Subdivision. District 5
9. Adopt appropriate Resolution #98-R-5, as shown on page _________, vacating and abandoning a portion of the rear lot utility easement on Lot 91, Hyde Park Subdivision, located at 1473 Hyde Park Drive (Vincent H. and Deborah C. Smith). District 1
10. Adopt appropriate Resolution #98-R-6, as shown on page __________, vacating and abandoning an 11-foot portion of the 14-foot rear lot utility easement on Lot 49, Pelican Bay Subdivision, located at 3312 Olde Wharf Run, Winter Park (Gustavo F. Silvestri). District 1
11. Adopt appropriate Resolution #98-R-7, as shown on page __________, vacating and abandoning 5 feet of the 7.5-foot rear lot utility easement on Lot 151, Deer Run Unit 11, located at 405 Wild Fox Drive, Casselberry (Richard Crate). District 1
12. Adopt appropriate Resolution #98-R-8, as shown on page _________, vacating and abandoning three portions of 7-foot platted utility easements in Lakeview Subdivision; property located ¼ mile west of U. S. Highway 17-92, south of SR 436 (Michael Kramer). District 4
Comprehensive Planning
14. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page _________, with the Sanford Housing Authority for rehabilitation improvements to 295 public housing units.
15. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page __________, with the Rescue Outreach Mission of Sanford to provide homeless assistance activities under the Emergency Shelter Grants (ESG) Program.
16.
Approve award of $210,560 in CDBG and SHIP Program funding to Better Living for Seniors, Inc. (BLS); and authorize Chairman to execute a respective Subrecipient Agreement, as shown on page __________, to allow BLS to continue to administer and implement the County’s Emergency Housing Repair Program.17. Approve and authorize Chairman to execute a Tri-party Affordable Housing Financing Agreement, as shown on page _________, with the Watson Group, Inc. and the Central Florida Community Reinvestment Corporation (CFCRC) to refinance the 12-unit North Springs Estates in the East Altamonte target area. District 4
Building
18. Adopt appropriate Resolution #98-R-9, as shown on page _________, naming a street segment labeled Tract R1 in the plat of Alaqua Lakes Phase 1, abutting Lot 103 on the north and Lots 104 and 105 on the south as Winding Pine Trail. District 5
Office of Management & Budget
Purchasing
Formal Contracts
19. Acceptance of FC-354-96/BJC, as shown on page _________, Dike Road Water Main Project, with Speegle Construction, Inc., Cocoa, Florida.
Professional Services
20. Approve Second (final) Renewal to PS-327-95/BJC, Engineering Services for Community Development Block Grant Division, with The Civil Design Group, Orlando; Conklin, Porter & Holmes Engineers, Inc., Sanford; Regional Engineers, Planners & Surveyors, Inc., Orlando; and WBQ Design and Engineering, Orlando (February 21, 1998 to February 20, 1999/not-to-exceed $250,000).
21. Approve Amendment #2, as shown on page _________, to Work Order #9 to PS-140, Engineering Consulting Services for Grant Line Road Gravity Sewer, Water and Reclaimed Water Utility Project with Conklin, Porter & Holmes, Inc., Sanford ($3,040).
22. Approve Amendment #7, as shown on page ________, to PS-137, Preliminary Engineering Services Agreement for East Lake Mary Boulevard, Segment 1, from Sanford Avenue to Airport Entrance Road, with Gee & Jensen, Inc., Maitland ($28,945.97).
Request for Proposal
23. Approve Work Order #9, as shown on page __________, to RFP-205-95/BJC, GIS Consulting Services, Water and Sewer Data Preparation and Conversion for the Consumers Area, with Woolpert Consultants, Dayton, Ohio ($70,650).
24. Approve Third Amendment, as shown on page _________, to RFP-414-97/BJC, Marketing Consulting Services, with Chernoff/Silver and Associates, Maitland ($27,000).
25. Approve First Amendment, as shown on page __________, to RFP-409-97/GG, Renovation of Elevators, with Delta Elevator Inc., Orlando ($4,888.34).
Annual Bids
26. Approve Second Time Extension to A/R-352, Fire Alarm Testing, Inspection and Repair, with Simplex Time Recorder Co., Winter Park (time extension for two months/$25,000).
Sole Source and Proprietary Source
27. Authorize Proprietary Source Procurement and approve M-40-97/BJC, as shown on page _________, Software License and Services Agreement, with H.T.E., Inc., Lake Mary ($770,647).
Other
28. Approve purchase of one (1) Excavator and issue purchase order to Great Southern Construction Equipment, Orlando ($117,991).
29. Approve and declare surplus to County needs, BCC #18693, one (1) 1993 Cat Dozer Model D4HLGP, Serial #9GJ00489 ($30,000).
Budget
FY 1996/97
30. BCR #97/121 ($97,802), Public Safety/Information Services, Various Funds; transfer funds to the Analog Microwave System CIP from 800 MHz System Expansion CIP to provide additional funding needed for the Analog Microwave System CIP.
31. BCR #97/122 ($288,080), Public Safety/Information Services, Various Funds; to realign and provide funds for the Wide Area Network (WAN) CIP (no additional funds are needed).
FY 1997/98
32. BCR #98/18 ($20,000), Planning and Development/Comprehensive Planning, Fund 31100, Environmentally Sensitive Lands Fund; to provide funds for overtime in order to provide cost savings through the use of County staff in clearing the boundary lines of the Natural Lands properties.
33. BCR #98/19 ($75,000), Planning and Development/Economic Development Fund 13100, Economic Development Fund; accounting adjustment to correct object classification in order to monitor for Job Growth Incentive projects.
34. BCR #98/20 ($20,000), Planning and Development/Economic Development Fund 13100, Economic Development Fund; accounting adjustment to correct object classification in order to monitor Job Growth Incentive projects.
35. BCR #98/22 ($11,642), Library and Leisure Services/Library Public Services, Fund 00100, General Fund; accounting adjustment to realign Department of Library and Leisure Services’ budget to reflect transfer of personnel between divisions.
36. BCR #98/23 ($2,025), Judicial/Circuit Court Fund 12401, County Court Facility Fund; provide funds to increase capacity for CD ROM Tower Server at courthouse that runs the legal research software applications.
37. BCR #98/25 ($1,000,000), Public Works/Engineering Fund 11500 Infrastructure Sales Tax; to provide additional funds for the Rinehart Road (Lake Mary Boulevard to County Road 46A) project (PE59021Z).
38. Budget Amendment Resolution #98-R-10, as shown on page _________, ($22,800), Office of Management & Budget Fund 12300, County Alcohol and Drug Abuse Fund; necessary to deposit funds collected from a $14 fine for misdemeanor convictions involving drugs or alcohol into the County Alcohol and Drug Abuse Trust Fund.
39. Budget Amendment Resolution #98-R-11, as shown on page _________, ($2,342), Office of Management & Budget Fund 00100, General Fund; the Teen Court program has received donations from the Fairwinds Credit Union and the Altamonte Springs Police Department for polo shirts and community service award funds not fully expended received from Disney.
40. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Walter H. and Jeannie K. Collins for the Orlando/Brassie Road Improvement Taxing District. District 4
41. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Alan C. and Monica M. Strait for the Chula Vista Road Restoration Municipal Services Benefits Unit. District 1
42. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page __________, for Thomas C. and Roberta Strohaker for the Chula Vista Road Restoration Municipal Services Benefits Unit. District 1
43. Approve and authorize Chairman to execute Satisfactions of Lien, as shown on page __________, for Lucile C. Kirchhoff and William E. Kirchhoff, Trustees for E l/2 of Lot 22 and W ½ of Lot 45, Black Hammock Phase II Water Service Municipal Services Benefits Unit. District 5
44. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Lucile C. Kirchhoff and William E. Kirchhoff, Trustees for W 210 of Lot 3, Black Hammock Phase II Water Service Municipal Services Benefits Unit; and reinstate lien on Parcel No. 06-21-32-501-0000-003A for Lot E ½ of Lot 3 (less E. 10 ft. for road), Black Hammock Phase II Water Service Municipal Services Benefits Unit. District 5
45. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Grace Vorpahl for Noble Street Road Improvement Taxing District. District 4
Districts 1, 2, 3, 4 and 5 voted AYE.
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13. Request for authorization to move forward with implementation of Prescribed Burn and Safety Programs as a joint partnership with Seminole County Sheriff’s Office, Public Safety and Planning Offices; and authorization to schedule a public hearing to incorporate Natural Lands Ordinance into the Seminole County Code, was presented.
Commissioner Maloy stated he has some concerns moving with this project, therefore, he would recommend waiting one year to see how the Division of Forestry handles the burns. If the County find out that it is not working, then they can continue with this program.
Colleen Rotella, Principal Planner, addressed the Board to state staff has been working with the Division of Forestry throughout the Natural Lands Program. She stated there has been discussion relative to their ability to take on the magnitude of the program. They have indicated that with the Little Big Econ State Forest and additional properties they have acquired under their program, they would be unable to take over this program, but would be able to lend some assistance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to approve moving forward with implementation of Prescribed Burn and Safety Programs as a joint partnership with the Seminole County Sheriff’s Office, Public Safety and Planning Offices; and authorize scheduling and advertising a public hearing in February 1998 to incorporate Natural Lands Ordinance into the Seminole County Code.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to approve transfer of $330,000 from reserves to complete first phase of implementation of the new compensation and classification program.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
COUNTY ATTORNEY
Robert McMillan, County Attorney, addressed the Board to advise of an Add-on, (#6) Purchase Agreement authorization relating to Parcel 114 of the CR 46A Phase II road improvement project.
Motion by Commissioner Van Der Weide, seconded by Commissioner Adams to authorize and approve the following:
Property Acquisition
Litigation
6. Purchase Agreement, as shown on page ________, authorization relating to Parcel 114 of the CR 46A Phase II road improvement project in the amount of $136,900, which includes land and severance damage (Ira W. Southward, owner).
Districts 1, 2, 3, 4 and 5 voted AYE.
OTHER DEPARTMENTAL REPORTS
DEVELOPMENT REVIEW
Ms. Smith presented request to approve plat waiver to subdivide 5 acres into 3 lots; property located on the south side of Myrtle Street, east of Hester Avenue, Harry S. Quiggle. She stated staff recommends approval of the request subject to the following conditions: (1) Parcels A and B utilize a joint use/cross access driveway; and (2) Dedicate a 20 ft. ingress/egress easement to Parcel B for access from Myrtle Street.
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Commissioner McLain introduced Scott Ross from New Tribes Mission. He stated he would like for Mr. Ross to introduce the two ladies that are in attendance with him. He said these ladies’ husbands have been held hostage in Columbia for over four years and they will be going down there shortly to see if this issue can be resolved.
Scott Ross addressed the Board to introduce Nancy Maken and Tonya Rich. He stated he would like to thank the Board and staff for helping them put this together.
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Motion by Commissioner McLain, seconded by Commissioner Adams to approve plat waiver to subdivide 5 acres into 3 lots; property located on the south side of Myrtle Street, east of Hester Avenue, Harry S. Quiggle, with acceptance of a Development Order, as shown on page _________, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Smith presented request to approve Preliminary Subdivision Plan for Club Side at Heathrow; property described as a 5.8 acre site located on the south side of Heathrow Country Club adjacent to the golf course, American Southern Homes. She stated staff recommends approval of the plan.
Motion by Commissioner McLain, seconded by Commissioner Adams to approve Preliminary Subdivision Plan for Club Side at Heathrow; property described as a 5.8 acre site located on the south side of Heathrow Country Club adjacent to the golf course, American Southern Homes, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
PURCHASING
Cindy Manoni, OMB Director, addressed the Board to request the Board to rank the top three firms for RFP-422-97/BJC - Financial Services Consulting Services. The Board is to rank the following firms: Evensen Dodge, Inc.; Hanifen Imhoff, Inc.; and Public Financial Management, Inc.
After the Board ranked the short list, Mr. McMillan tallied the votes and advised that Hanifen Imhoff had four votes and no one did a second ranking. Therefore, Hanifen Imhoff is ranked as the number one firm.
Motion by Commissioner McLain, seconded by Commissioner Adams to award RFP-422-97/BJC, Financial Services Consulting Services, to Hanifen Imhoff, Orlando, Florida; and authorize Chairman to execute Contract, as shown on page _________.
Districts 1, 2, 3, 4 and 5 voted AYE.
ADD-ON/TOURISM DEVELOPMENT
Cindy Coto, DCM, addressed the Board to present request to approve expenditures for participation in the ITB International Trade Show in Berlin, Germany. She stated the total amount of the request is $4,542 and the money is already in the budget.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to authorize expenditures in the amount of $4,542 for the Tourism Development Director to participate in the ITB International Trade Show in Berlin, Germany.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were "received and filed":
1. Two (2) form letters in opposition to the 5-mile radius of Central Baptist Church in Sanford for adult entertainment businesses. (cc: BCC, CM, DCM, John Dwyer)
2. Five (5) form letters in opposition to the 5-mile radius of family homes, biking, hiking, churches and family businesses for adult entertainment businesses. (cc: BCC, CM, DCM, John Dwyer)
3. Four (4) form letters in opposition to Fern Park for adult entertainment businesses. (cc: BCC, CM, DCM, John Dwyer)
4. Three (3) one-of-a-kind letters re: adult entertainment businesses: Ann Farrar, Tom McDaniel, and Joanna Rowland. (cc: BCC, CM, DCM, John Dwyer)
5. Fax petition, as shown on page _________, containing ten (10) signatures in opposition to adult entertainment businesses in Sanford. (cc: BCC, CM, DCM, John Dwyer)
6. Nineteen (19) one-of-a-kind letters in support of Gospel Light Baptist Church: Marlene (a concerned mother); Stephen L. Stanek; Nina Simmons; Richard L. Michaud; Lynn Crews; A. B. Church; Kerry & Heidi McJunkins; Mrs. Herbert Libke; Herbert & Charlotte Libke; Eugene W. Lamparter; Trudy & Robert Cline; Al Fantana; Lucille Raymond; Phillip Hinton; J.B. Buffington; Robert & Charlotte Cone; Randy Daniel; Marie Stafford; and Fred Stacey. (cc: BCC, CM, DCM, John Dwyer)
7. Fax petition, as shown on page _________, dated 12/16/97 with thirteen (13) signatures in support of Gospel Light Baptist Church. (cc: BCC, CM, DCM, John Dwyer)
8. Letter dated 12/15/97 from Bruce A. Pronovost, Mayor of Casselberry, to Chairman Morris re: adult entertainment businesses. (cc: BCC, CM, DCM, John Dwyer)
9. Approved minutes of 11/13/97 Tourist Development Commission meeting.
10. Memo (with attachments) dated 12/15/97 from Lonnie N. Groot, Deputy County Attorney, to BCC re: proposed amendments to "Glitch Ordinance" for adult entertainment.
11. Letters from Kenneth M. Roberts, Public Safety Director, in appreciation of contributions to Animal Control Division to: Seminole Dog Fanciers Assoc. Inc.; CeeJay Pedersen; and Chris Orrell.
12. Memo (with attachments) dated 12/18/97 from Lonnie N. Groot, Deputy County Attorney, to BCC re: Senate Bill 92 - Eminent Domain.
13. Copy of letter (with attachments) dated 12/18/97 from Lonnie N. Groot, Deputy County Attorney, to Marilyn Egan re: regulation of adult entertainment businesses.
14. One (1) form letter in opposition to the 5-mile radius of family homes, biking, hiking, churches and family businesses for adult entertainment businesses. (cc: BCC, CM, DCM, John Dwyer)
15. One (1) form letter in opposition to Fern Park for adult entertainment businesses. (BCC, CM, DCM, John Dwyer)
16. Five (5) one-of-a-kind letters in support of Gospel Light Baptist Church: Ed & Thelma Thompson; Mike Prichard; Mr. & Mrs. Neil G. Barrett: Jose Mojica; and Bobbie W. Carter.
17. Copy of letter dated 12/19/97 from F. Michael Gallagher to Public Works Dept./Traffic Engineering Div. re: traffic problems on Lake Mary Blvd. near I-4. (cc: BCC, CM, DCM)
18. Letter (with attachments) dated 12/22/97 from Carol A. Foster, Lake Mary City Clerk, to Gary Kaiser, County Manager, re: Lake Mary Resolution #588, US Hwy 17-92 CRA.
19. Notice of 1/13/97 Community Svs. Block Grant Advisory Board meeting and agenda. (cc: BCC)
20. Letter dated 12/18/97 from Saul N. Ramirez, Jr., US Dept. of HUD, to Chairman Morris re: CDBG and ESG grant program funds. (cc: BCC, CM, DCM, CDBG, Health Dept.)
21. Letter (with attachments) dated 12/19/97 from Mike Snyder, FL DOT, to Chairman Morris re: Central FL light rail transit study (Sea World to SR 434-Longwood). (cc: BCC, CM, DCM, Dick Thomas, Jerry McCollum)
22. Legal ad, as shown on page _________, Sanford Herald 11/30/97, Cancellation of 12/2/97 public hearing-land use changes/text amendments.
23. Legal ad, as shown on page _________, Sanford Herald 11/30/97, Cancellation of 12/2/97 public hearing-land use changes (adult entertainment businesses).
24. Legal ad, as shown on page __________, Sanford Herald 11/23/97, 1st public hearing 12/2/97 for regulatory/land use ordinance (adult entertainment businesses).
25. Legal ad, as shown on page __________, Sanford Herald 11/23/97, 1st public hearing 12/2/97 for land use changes/text amendments.
26. Legal ad, as shown on page __________, Orlando Sentinel (Seminole Extra Zone 1) 11/23/97, 1st public hearing 12/2/97 for land use changes/text amendments.
27. Legal ad, as shown on page __________, Orlando Sentinel (Seminole Extra Zone 2) 11/23/97, 1st public hearing 12/2/97 for land use changes/text amendments.
28. Legal ad, as shown on page __________, Orlando Sentinel (Seminole Extra Zone 1) 11/23/97, 1st public hearing 12/2/97 for land use ordinance (adult entertainment businesses).
29. Copy of letter dated 12/30/97 from Karen L. Smith to Ken Roberts, Public Safety Director, re: assistance from Station #41.
30. Letter (with attachments) dated 12/23/97 from Phyllis Mofson, FL DCA, to Chairman Morris re: 12/10/97 FL Sustainable Communities Network workshop in Tampa. (cc: BCC, CM, DCM)
31. Fax dated 1/2/98 from Lee M. Killinger, FL Assoc. of Counties, to BCC re: eminent domain legislation. (cc: BCC, CM, DCM, County Attorney)
32. Letter dated 12/29/97 from Rev. Joseph A. Genito, St. Augustine Parish, to Chairman Morris re: Seminola Blvd. Construction project. (cc: BCC, CM, DCM, Jerry McCollum, Keith Roark)
33. Three (3) one-of-a-kind letters re: Gospel Light Baptist Church: Lucille H. Miller; Bob, Betty Jo, Joanna, Robert & Nathaniel P. Ogden; Don Kagel (cc: BCC, CM, DCM, John Dwyer)
34. Copy of memo (with attachments) dated 12/19/97 from Lonnie N. Groot, Deputy County Attorney, to Commissioner McLain re: LYNX resolution/legislative action.
35. Copy of memo (with attachments) dated 1/5/98 from Lonnie N. Groot, Deputy County Attorney, to Commissioner Adams re: House of Babes report of hearing officer.
36. Notice of 1/5/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM)
37. Copies of letters from Kenneth M. Roberts, Public Safety Director, in appreciation of donations to Animal Control Division to: Jill Jaffee; Michael Mallegol.
38. Copies of letters from Kenneth M. Roberts, Public Safety Director, for contribution of "Homeless Homer/Morris the Cat" coupons for Heinz Homeless Pets Program to: Cyndy Coulombe; Joanne Santo.
39. Letter dated 12/23/97 from David L. Burman, Sentry Management, to Chairman Morris re: Greenwood Lakes WWTP. (cc: BCC, CM, DCM, Warren Wagner)
40. Notice of 1/8/98 Sanford P&Z Commission public hearing re: 4175 S. Orlando Dr. (cc: BCC, CM, DCM, Comprehensive Planning, Current Planning, Development Review)
41. Letter (with attachments) dated 12/22/97 from William A. Pinto, Hardin Construction Group, to Chairman Morris re: Henry B. Gonzalez Convention Center, San Antonio, TX. (cc: BCC, CM, DCM)
42. Fax dated 12/30/97 from Harold B. Scott, Jr., to BCC re: Time Warner Communications 12/18/97 shut down. (cc: BCC, CM, DCM, Roger Richardson)
43. Fax dated 12/29/97 from Garland & Betty Amos and Sheila White to Chairman Morris re: adult entertainment businesses. (cc: BCC, CM, DCM)
44. Copy of memo dated 12/29/97 from Lonnie N. Groot, Deputy County Attorney, to Frances Chandler, Planning & Development Director, re: response from City of Longwood/adult use joint planning agreement.
45. Memo dated 12/29/97 from Lonnie N. Groot, Deputy County Attorney, to BCC re: House of Babes special exception application.
46. Copy of memo dated 12/18/97 from Kathy Morris, One-Stop Permitting, to Sandy Wall, Recording Secretary, re: submissions into County Records.
47. Copy of letter (with attachments) dated 12/22/97 from Chairman Morris to Ray Eubanks, FL DCA, re: transmittal of adopted large scale plan amendments to Comp. Plan.
48. One (1) form letter in opposition to Fern Park for adult entertainment businesses from: Rick & Terry Richardi.
49. Letter dated 1/12/98 from Dennis F. Kozak, Sanford Herald, to BCC re: publishing of 1998 Tax Delinquent Lists.
50. Memo dated 1/5/98 from Senator John Ostalkiewicz, Chairman of Seminole County Legislative Delegation, to BCC re: cancellation of 1/13/98 delegation meeting.
51. Letter dated 1/5/98 from Mary Cragar, Markham Woods HOA, to Commissioner McLain re: proposed par 3 golf course in Mandarin SD.
52. Memo dated 1/12/98 from Lonnie N. Groot, Deputy County Attorney, to Chairman Morris re: Gospel Light Baptist Academy.
53. Three (3) form letters in opposition to adult entertainment businesses in Fern Park from: Pat & Mike McAlpin; Joe Taylor; and resident (unreadable signature) at 2601 Falmouth Rd.
54. Fax dated 1/6/98 from Ernest A. Hatton II to Chairman Morris re: Jr. State of America Congress 98. (cc: BCC, CM, DCM)
55. Fax dated 1/8/98 from John C. Litton, Lake Mary City Manager, to Chairman Morris re: QTI tax refund program for project #97438. (cc: BCC, CM, DCM)
56. Memo (with attachments) dated 1/8/98 from Sheriff Donald Eslinger to Chairman Morris re: proposed emergency ordinance establishing "no wake zones" on St. Johns River. (cc: BCC, CM, DCM, County Attorney for response)
57. Petition, as shown on page _________, containing twenty-two (22) names in opposition to light rail along the CSX line through Maitland. (cc: BCC, CM, DCM, Dick Thomas)
58. Letter dated 1/5/98 from D. Ray Eubanks, FL DCA, to Chairman Morris re: Comprehensive Plan Amendment 97-2. (cc: BCC, CM, DCM, Comprehensive Planning)
59. Fax dated 1/9/98 from FL Assoc. of Counties to BCC re: Constitutional Revision Commission.
60. Letter (with attachments) dated 12/23/97 from Andrew Cuomo, HUD, to Chairman Morris re: Officer Next Door Program. (BCC, CM, DCM, CDBG)
61. Letter dated 12/23/97 from Andrew Cuomo, HUD, to Chairman Morris re: Mark-to-Market legislation. (cc: BCC, CM, DCM, CDBG)
62. Fax dated 1/5/98 from Mary Kay Cariseo, FL Assoc. of Counties, to BCC re: televising of Constitutional Revision Commission Meetings (cc: BCC, CM, DCM, Roger Richardson, Chris Grasso, County Attorney)
63. Letter dated 12/31/97 from Leo P. Auger, LYNX, to Chairman Morris re: Park-n-Ride locations and commendation of Dick Thomas for his assistance. (cc: BCC, CM, DCM, Dick Thomas, County Attorney)
64. Letter dated 1/8/98 from Art Ackerman, FL Freewheelers, to Chairman Morris re: bike/pedestrian crossing of I-4 between E.E. Williamson and SR 46. (cc: BCC, CM, DCM, Colleen Rotella, Jerry McCollum)
65. Letter dated 1/3/98 from Harry R. Ansley to Chairman Morris commending Bill Scally and George Tingle, Veterans Service, for their assistance. (cc: BCC, CM, DCM, Philip Stavley, Bill Scally, George Tingle)
66. Notice of 1/28/98 Water 2020 meeting and agenda. (cc: BCC, CM, DCM, Environmental Svs., Comprehensive Planning, Development Review)
67. Letter (with attachments) dated 1/8/98 from Paul D. McNamara, One Stop Career Center, to BCC re: One Stop Career Centers.
68. Notice of 2/9/98 City of Sanford Annexation public hearing for Palmetto Ave. Baptist Church.
69. Legal Ad, as shown on page _________, Orlando Sentinel for 10/17/97 public hearing re: foreign travel policy changes.
70. Minutes of the 1/17/98 Seminole Soil & Water Conservation District meeting.
71. Notice of 2/9/98 City of Sanford Annexation public hearing for Francisco Aviles/Cadel Auto Sales, Inc.
72. Letter dated 1/7/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of donation to Animal Control Division to: Magdalena Bilbrey; Sheri Gay; Tim Malilden; and Vonice Rathel.
73. Letter dated 1/7/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of contribution of "Homeless Homer/Morris the Cat" coupons for Heinz Homeless Pets Program to: H.C. Coleman; Carmen Pietri; and Daniel Pierson.
74. Form letter to accompany 1998 Annual Report calendar to Seminole County residents.
75. Two (2) one-of-a-kind letters re: Gospel Light Baptist Church from: Roy & Cindy Stevens; Mrs. Kelli Stanek. (cc: BCC, CM, DCM, John Dwyer)
76. Memo dated 1/6/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: proposed legislation relating to attorney-client privilege.
77. Copy of letter dated 1/9/98 from Chairman Morris to Rev. Joseph A. Genito, St. Augustine Parish, re: problems with Seminola Blvd. road work.
78. Copy of memo (with attachments) dated 1/9/98 from Chairman Morris to Robert A. McMillan, County Attorney, re: emergency "no wake zones" ordinance.
79. Copy of letter dated 1/9/98 from Chairman to Paul P. Partyka, Winter Springs Mayor, re: Battle Ridge plan amendment and rezoning.
80. Form letter in opposition to adult entertainment businesses in Oviedo/Chuluota areas from Lisa & Andrew Medle.
81. Legal Ad, as shown on page ________, Orlando Sentinel, 12/2/97 for Notice of cancellation of 12/2/97 1st public hearing on adult entertainment businesses.
82. Legal Ad, as shown on page _________, Orlando Sentinel Seminole Extra, 11/30/97 for Notice of cancellation of 12/2/97 public hearing on land use ordinance for adult entertainment businesses.
83. Legal Ad, as shown on page __________, Orlando Sentinel Seminole Extra, 11/30/97 for Notice of cancellation of 12/2/97 public hearing relating to rezonings.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner McLain stated the Board had previously discussed naming a road after Seminole County Deputy Hugh Thomas, who was killed in the line of duty. At that time, the Board decided it was not appropriate to name a portion of Grantline Road, and he believes there was consensus from the Board to check into another alternative. He stated he has been working with the Sheriff’s Office and the people associated with this, and he feels it would be appropriate to identify a portion of SR 46A, from 17-92 to Orange Blvd. He stated he would recommend staff contacting the property owners along that section to see if they have any objections to this name change.
Commissioner Van Der Weide stated he is not sure if the County can dedicate any portion of a numbered road.
Chairman Morris stated he feels the appropriate thing to do is to name a park after Deputy Thomas.
Commissioner McLain stated all he is asking at this point is to poll the residents along that right-of-way to see if they have any objections to the name change.
Upon inquiry by Commissioner McLain, Maggie Ketchum, Addressing Technician II, addressed the Board to advise the Hugh Thomas Foundation is interested in putting up a monument and additional landscaping.
Commissioner McLain stated he would like to move forward with this to see if the property owners have any objections to the name change. Once that information is gathered, the Foundation representatives can present their request to the Board, and at that time the Board can submit their recommendations. The Board voiced no objections.
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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint and reappoint the following:
Agriculture Advisory Board - Philaberto Tua to fill an unexpired term ending 1-1-99; to adopt appropriate Resolution #98-R-12, as shown on page ________, commending Uday Yadav for his services on said board.
ANIMAL CONTROL BOARD - Chris LaSage for a one-year term expiring 1-1-99.
HISTORICAL COMMISSION - Lorraine Whiting and Gertrude Lukas for a two-year term expiring 1-1-00.
PARKS & RECREATION ADVISORY BOARD - Kelli Bass and Kurt Harris for a one-year term expiring 1-1-99.
BUILDING CONTRACTORS BOARD - Bill Miller for a one-year term expiring 1-1-99.
ELECTRICAL CONTRACTORS BOARD - Gene Simpson for a one-year term expiring 1-1-99.
MECHANICAL CONTRACTORS BOARD - Larry Fairbrother for a one- year term expiring 1-1-99.
PLUMBING CONTRACTORS BOARD - Dan Shaw for a one-year term expiring 1-1-99.
SWIMMING POOL BOARD - Greg Wingo for a one-year term expiring 1-1-99.
WELL DRILLERS BOARD - F.N. Goodall for a one-year term expiring 1-1-99.
TOURISM DEVELOPMENT COUNCIL - Tom Siegfried for a four-year term expiring 1-1-02; and to adopt appropriate Resolution #98-R-13, as shown on page ________, commending Sandra Glenn for her services on said board.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner McLain voted NAY.
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Commissioner Maloy requested an update on the ALF facility. He stated Mr. Hessy has indicated that he does not want to apply for another special exception permit as he feels it will jeopardize his present litigation case.
Commissioner Van Der Weide stated Mr. Hessy can come in with a variation of the plan. He said Mr. Hessy has contacted him and he informed him that he has no objections, but he needs to contact John Dwyer, Current Planning Manager. He added he doesn’t believe Mr. Dwyer is aware of the Board’s direction that they support a reapplication.
Mr. Groot stated staff will do a courtesy review of Mr. Hessy’s alternate site plan, but they cannot move forward on that plan until he files a special exception.
Commissioner Maloy stated Mr. Hessy will not file a special exception because he feels it will jeopardize his court case.
Commissioner Van Der Weide stated Mr. Hessy has not submitted an alternate plan to suit Mr. Dwyer.
Mr. Groot stated his office has received a letter from Attorney Simmons indicating he doesn’t know what Mr. Hessy is doing.
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Commissioner Maloy stated there was coverage on the news relative to being able to look at porno on the internet at the libraries. He stated he is curious to see what is going to be done relative to this issue.
Commissioner McLain stated he predicted this and he voted against this from the beginning.
Chairman Morris stated if the blocking mechanism does not work, the simplest thing to do is pull the plug. He added he would like to see a legal opinion saying that they cannot pull the plug on any funded project in the County.
Mr. McMillan stated he will let the Board make a decision and he will defend that decision.
Gary Kaiser, County Manager, addressed the Board to advise he directed the library staff to block all the URL’s until the locking software is installed.
Upon inquiry by Chairman Morris, Mr. McMillan advised the ACLU has decided to not challenge the blocking of the software in Orange County.
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Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to reappoint the following:
Parks & Recreation Advisory Board - Beverly Blackmon and Bill Kinane for a term ending January 1, 1999.
Code Enforcement Board - H.D. Holsombach and Jay Ammon for a three-year term ending January 1, 2001.
Plumbing Contractors Board - Glenn Osborn for a term ending January 1, 1999.
Building Contractors Board - Michael Peronti for a term ending January 1, 1999.
Electrical Contractors Board - Douglas Matern for a term ending January 1, 1999.
Mechanical Contractors Board - Bill Ellis for a term ending January 1, 1999.
Swimming Pool Board - Joe Fernandez for a term ending January 1, 1999.
Well Drillers Board - John Cochrane for a term ending January 1, 1999.
Historical Commission - Cecil Tucker for a two-year term ending January 1, 2000.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Adams stated the residents of Winwood are building a new community center and they are requesting that the center be named after Lillie H. Green. He stated what he is looking for is approval from the Board to proceed with the necessary arrangements to name the Winwood Community Center per the community’s request, and to obtain and install a sign at the center prior to the dedication.
Chairman Morris stated he would like additional information on the individual.
Commissioner McLain recommended that the residents submit this request in writing.
Commissioner Van Der Weide stated he does not have a problem with any dedication, but he would like additional information.
Chairman Morris stated if it isn’t appropriate naming the building after Ms. Green, it may be even more appropriate to put up a plague in the building stating all of her accomplishments.
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Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to appoint Katie Moncrief, and reappoint Lois Fairbrother to the Parks & Recreation Advisory Board for a one-year term expiring January 1, 1999; appoint Randy Berridge to the Program Review Committee for a one-year term expiring January 1, 1999; and adopt appropriate Resolution #98-R-14, as shown on page _________, commending Ron Haase for his service to said committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Adams requested the County’s support in helping to clean up the Little Wekiva River that is scheduled for Saturday, January 17.
Tony VanDerworp, Acting Public Works Director, addressed the Board to advise this is one of the issues that he has on his list to check into tomorrow morning.
CHAIRMAN’S REPORT
Chairman Morris stated the City Manager of Sanford, Bill Simmons, is recommending reappointing Linda Johnson to the Sanford Community Redevelopment Agency Board.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to reappoint Linda Johnson to the Sanford Community Redevelopment Agency Board for a 4-year term.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Morris stated Mr. Ted Edwards, East Central Florida Regional Planning Council (ECFRPC), has submitted some government language requesting that the State Law be amended requiring counties to be members of the planning council and a county can opt in or out if they so choose. He stated Orange County is working at getting a voting membership on this and the counties having 45% control of the voting average. He said Mr. Edwards is requesting that the Board send a letter of support to Orange County relative to an opt in or opt out of the planning council. He questioned does the County concur with the 45% voting rights average. The Board had no objections to same.
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The Board recessed the meeting at 5:37 p.m., reconvening at 7:10 p.m., this same date, with all Commissioners and all other Officials, with the exception of County Attorney Robert McMillan, who was replaced by Deputy County Attorney Lonnie Groot; and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
ADULT ENTERTAINMENT ESTABLISHMENTS GLITCH ORDINANCE
Proof of publication, as shown on page __________, calling for a public hearing to consider amending the Adult Entertainment Establishment and Sexually Oriented Business Ordinance #97-28, received and filed.
Deputy County Attorney, Lonnie Groot, addressed the Board to advise staff gave an in-depth discussion of the proposed ordinance at the last meeting of the Board of County Commissioners and will not give an extensive presentation tonight. He asked that the motion tonight include the changes reflected in the errata sheet.
MaryAnn Klein, Sheriff’s Legal Counsel, addressed the Board to answer any questions.
Chairman Morris reminded the audience that this is the second public hearing of this item.
Upon inquiry by Commissioner Adams, Mr. Groot stated the original ordinance adopted provided for an annual report by the County Manager and County Attorney with communication from the Sheriff to bring forward to the Board any proposed changes in regulations which may be necessary to keep up with the industry.
Sheriff Eslinger entered the meeting at this time.
Chairman Morris advised the audience that the Board is not here for any zoning aspects, but only to hear the ordinance for changes, agreement or disagreement.
Paul Banfield, 1905 Blossom Lane, President of the Bel-Aire North Homeowners Association, addressed the Board to state they have in Seminole County an area being used as a home for pornography. As long as the Board allows laws to be on the books that allow the temperance to be such that this type of activity can continue to operate, they will continue to operate further. Until the Board passes an ordinance that has the strength that makes it so it is unprofitable for the adult entertainment businesses to continue, this will go on. He asked the Board to pass this ordinance to make it impossible for these businesses to operate.
Ralph Foulds, Lake of the Woods Homeowners Association, addressed the Board to state he urges the Board to pass the Glitch Ordinance. He said they need this law and need it to be enforced. He asked the Board to pass it and adhere to every bit of it and keep adult entertainment on a plane they can live with.
Susan Doerner addressed the Board to speak in support of the Glitch Ordinance with reservation. She said she doesn’t see how all of these businesses can be controlled. She is sure the Sheriff will try, but she doesn’t think, in the long term, that he can be very successful. They need some other changes into the area.
William Gildart, Fern Park, addressed the Board to state wherever these adult businesses are located in Seminole County, without a prescribed decency standard and dress code, haunting problems will be created. He said a decent dress code will decrease the temptation factor. He reminded the Board of what happened to a lady who was yanked off the road located a few blocks from the 17-92 adult entertainment area, and asked if the Board thinks he wants his daughter to be walking about in this kind of environment.
Lisa Salerno addressed the Board to state it is clear that adult entertainment immediately provokes opinions and beliefs that pits neighbors on opposing sides of the fence. This behavior will not allow the community to grow and prosper. She asked the Board to balance the community as a whole and direct a fair decision. She said the Commission’s proposition to change the operational design of the existing businesses only seeks to strangle hold business owners who are currently operating within the laws. She asked the Board not to become entangled in this emotional argument again. These businesses have been operating for nearly two decades. She asked the Board to proceed rationally and leave the law-abiding business owners to conduct their business that generates more of a tax base to address the essential needs of the community.
George Hodges, 701 Bevier Road, Sanford, addressed the Board to speak in opposition to the Glitch Ordinance with reservations. He said they should be putting forth their efforts to go with the majority of the people against these businesses. He said he has 200 names on a petition because they understood the Board was going to continue the meeting this afternoon until tonight and would not be voting until then. They are very displeased the Board took a vote without hearing from others who could not be here today. Mr. Hodges submitted the petition, as shown on page __________.
Upon inquiry by Chairman Morris, approximately six persons raised their hands that they were here for the zoning issues which were heard today. Chairman Morris reported that there was a larger number of people at the meeting today.
Chairman Morris read into the Record the names and comments of those who submitted Written Comment Forms (received and filed) as follows: Mrs. Carol Hodges, George Hodges, Karen Poleyeff, Hollea M. Spears, Cynthia Workman, Regina Kelley, Robert Kelley, Thelma Foulds, Jim Wagner, Estelle Coats, AnneMarie Gagliardi, Mike Coats, Bill Page, William Kurz, Arthur Fitton, Donna Murphy, and David Smerdon.
Written Comment Form for Barbara Chapman was also received and filed.
Attorney Bob Fisher, representing Cabaret, Circus Circus, Club Juana, and Rachel’s, addressed the Board to state they are in favor of the ordinance with some slight modifications. He summarized these which deal with four issues of lighting standards, the three foot distance requirement from the main stage, and the elevation and square footage requirements of the portable stages (Section 30(b), page 46 of the proposed ordinance). He said he brought the first two items to the Board’s attention for consideration of their review in June. Attorney Fisher reviewed the events over the past year. He said his clients are not the cause of the problem but are the ones that seem to be suffering the brunt of the outcry. Their owners have spent a large sum of money to comply, and some of them have been told the things done are not going to be required. They have spent a great deal of time and money to demonstrate their good faith and voluntarily dismissed pending lawsuits and appeals against the County. He asked the Board to make two amendments. On page 46 of the ordinance, Section 30(b), he suggested the 18" be modified to 12". In this same section, he also questioned why is there a need for the size of the smaller stages, as referenced, to be at least four square feet. He explained his reasons for the modifications relate to the health and safety of the dancers and customers.
Counsel, MaryAnn Klein, explained her recommendation to Chairman Morris. Commissioner Maloy recommended not allowing portable stages at all and there would not be the safety issue of the dancers.
Attorney Lawrence Walters, representing Jerry Uranick, property owner of Circus Circus, addressed the Board to state he has been retained by Mr. Uranick to pursue a property rights claim, if necessary, against Seminole County under the Burt-Harris Act.
Whereupon, Chairman Morris advised that the Board has not voted at any time yet to retain clubs in Fern Park, and the only item for discussion tonight is the Glitch Ordinance.
Attorney Walters explained his client’s case claim, and said the regulations they object to in the Glitch Ordinance are an undue burden on the way these businesses have operated for a long time. He referred to the four concerns which Attorney Fisher identified and said they are relatively minor but have an extremely destructive affect on the manner in which these clubs do business.
Mr. Groot advised that the proposed ordinance regulates conduct more than anything. He finds it hard to believe that the appraised value of the property will decrease because the clubs can’t have portable stages or because of the lighting standards.
Attorney Wasserman addressed the Board to state they have gone to great lengths to try to work with the County and agreed to live with the ordinance as it was and now the staff is coming back with additional regulations. He said all they are asking is to allow the businesses to continue to operate. He said these additional regulations have come up that force them into litigation and that is not what they want. Discussion ensued with Chairman Morris and Commissioner McLain.
Attorney Wasserman said they are asking to continue the floor dancing so they can continue to run their business.
Upon inquiry by Commissioner Maloy, Ms. Klein stated in the current ordinance, there is no requirement that the dancers must actually dance on the stage.
Sheriff Eslinger added that is why they brought it to the Board’s attention as there was no requirement in the current ordinance to dance anywhere.
Mr. Groot explained to Commissioner Maloy that the provision actually makes the ordinance stricter than the current one. Sheriff Eslinger said he wants this restriction.
Don Gergick, Fern Park, addressed the Board to state he supports a very strong Glitch Ordinance. He read from a Sentinel news article dated June 22, 1997, concerning arrests for prostitution.
No one else spoke in support or in opposition.
Commissioner Maloy stated he went on the Internet last night and found a WEB page giving reviews of the clubs in Seminole County. He read from the reviews (received and filed) about Rachel’s and the House of Babes. He said he thinks it is disgraceful that Seminole County has the reputation of being the place to go for total nudity and is being advertised this way.
Commissioner Adams noted that the article was dated October 29, 1996, and said this sounds like false advertisement to him. He said he will give the Sheriff all the support he needs.
Motion by Commissioner Adams, seconded by Commissioner Maloy, to adopt Ordinance 98-3, as shown on page _________, Glitch Ordinance amending the Adult Entertainment Establishment and Sexually Oriented Business Ordinance #97-28, with the changes set forth on the errata sheet as recommended by staff.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to amend the motion to direct staff to bring back two provisions that the Board eliminate floor dancing altogether and that there be no tipping at adult entertainment establishments, with staff to come back within 90 days with these additional changes.
Upon inquiry by Commissioner McLain, Commissioner Maloy clarified that the provision will be that there be no tipping on the dancing.
Under discussion, Commissioner Van Der Weide said he sees the Glitch Ordinance as very tough, but what is missing is the nudity ordinance which cannot be addressed tonight. He said if this is considered as entertainment, then he thinks it would be reasonable to expect a tip. He added he believes the nudity ordinance will be addressed later.
Chairman Morris said the Board did address the nudity ordinance and he is not going to get into a debate on that. The Commission has already ruled, and unless a new Commission comes, they will not readdress that issue.
Commissioner Van Der Weide withdrew his second to the motion, whereupon, the amended motion died for the lack of same.
Commissioner McLain questioned the Sheriff about the size and height of the smaller stages as discussed earlier by Commissioner Adams. Discussion ensued among the Commissioners, Sheriff Eslinger and Ms. Klein.
Chairman Morris asked for a recommendation from the Sheriff, and the Sheriff said he wants the stages for the dancers to be 18" high and he does not care what size they are.
Motion by Commissioner Adams, seconded by Commissioner McLain, to amend the motion to strike the following language from the proposed ordinance on page 46, line 23: "and encompassing an area of at least four square feet (4 sq.’)."
Districts 2, 4, and 5 voted AYE.
Commissioners Maloy and Van Der Weide voted NAY.
Chairman Morris called for a vote on the main motion, as amended, with Districts 1, 2, 3, 4, and 5 voting AYE.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:43 p.m., this same date.
ATTEST________________________Clerk_____________________Chairman
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