The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, January 25, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)(late)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

Clerk of Circuit Court Maryanne Morse (late)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Chairman Henley gave the Invocation.

Commissioner McLain led the Pledge of Allegiance.

Chairman Henley advised that Commissioner Maloy is enroute and will be in attendance soon.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-17, as shown on page ________, recognizing the Seminole County Public Library System as a "Library of Promise", as certified by the Florida Department of State.

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

The Board presented Margie Johnson, Library & Leisure Services, with the Resolution and she expressed her appreciation. She recognized the 14 librarians who have worked in assisting the children and youth of the community.

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Commissioner Morris stated Mr. Blaise Treacy was one of the visionaries for County Wicklow who accepted invitations on behalf of Seminole County to participate in tourism and economic development. He stated Mr. Treacy has been very helpful with the Commissioners and County’s staff traveling to the British Isles and the Republic of Ireland. The Board is very appreciative and they are sorry to see him go.

Clerk of Circuit Court, Maryanne Morse, entered the meeting at this time.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2000-R-18, as shown on page ________, commemorating Blaise Treacy upon his retirement as County Manager of County Wicklow, Ireland.

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

The Board presented Jack Wert, Tourism Development Council, with the Resolution and he expressed his appreciation on behalf of County Wicklow.

Robert McMillan, County Attorney, addressed the Board to advise last Friday the Court entered judgment in favor of Seminole County relative to Jo Vin Enterprises (House of Babes) versus Seminole County. He stated this is one of the 11 ongoing cases that may be resolved.

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Mr. McMillan stated in November, Mr. Mike Pinter, Jr., Pinter Enterprise, filed a Bert Harris claim against Seminole County relative to the operation of Club Juana. He stated he had a meeting about a week ago with Mr. Pinter’s attorney, City Attorney of Casselberry, the attorneys who represent the insurance companies, and Rick Nelson, relative to that claim. He said it is their opinion that the claim submitted that the act does not apply to the type of claim that has been raised.

Commissioner Maloy entered the meeting at this time.

Mr. McMillan stated he is requesting authorization to file a declaratory judgment in the Circuit Court for determination that there is no cognizable claim under the act. He stated he would also like authorization to allow staff to consult with the Legislative liaison to monitor the legislative issue relative to Bert Harris Act to see if they can get this issue spelled out more clearly. He said he would like authorization to file that judgment on behalf of the County and the City.

Motion by Commissioner Maloy, seconded by Commissioner Morris to authorize staff to file a declaratory judgment with regard to Pinter Enterprise vs. Seminole County; and to authorize staff to consult with the Legislation liaison to see if they can get the Bert Harris Act spelled out more clearly on behalf of Seminole County and the City of Casselberry.

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

Commissioner Maloy stated that Item #14, Project improving the Tuskawilla Subdivision entranceway, has been an issue ongoing for over a year. He stated the residents are requesting to take a vote to see if they can be incorporated into the Tuskawilla beautification project. He said he doesn’t have a problem with that as the City of Winter Springs would run and manage the program and the County would be the collection agency.

Commissioner Morris requested that Item #6, BCR #00/40 - $89,509, be pulled for a separate vote.

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

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

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Request for BCR #00/40 - $89,509 – County Attorney’s Office: Fund 00100 – General Fund, was presented. Commissioner Morris stated he would like to know how this issue showed up on the Consent Agenda when the Board didn’t have a policy discussion on it.

Mr. McMillan stated he believes the Board discussed this at the last Legislative briefing and Cindy Coto, Deputy County Manager, led that briefing. He stated previously it had been done jointly by both offices and he doesn’t think it would matter who would be in the best position to have direct contact with the lobbyist. He added if the Board doesn’t want to handle it this way, it can be changed.

Commissioner Morris stated the purpose of having the lobbyist under County Attorney’s office is because so much of the law is hard to understand and interpret.

Kevin Grace, County Manager, addressed the Board to advise the lobbying activity was under the County Manager’s office a couple of years ago and since Mr. Lonnie Groot has left the County Attorney’s office, they thought that moving the funds back to the County Manager’s office would be the best way to approach this.

Commissioner Morris stated the lobbying issues were originally under the County Manager’s office when it was first discussed and it was determined that it should be transferred to Mr. Groot. He stated he doesn’t know if Ms. Coto is the right person to make correct policy decisions as some of the issues get very technical. He said he would recommend pulling this item and bringing it back at a later date as he feels this is an important activity.

Commissioner McLain stated he has concerns with holding off on this at this time of the year as the Board needs to know who will be the designated person.

Commissioner Morris recommended holding off on this issue until this afternoon.

Commissioner Van Der Weide stated with Mr. Groot gone, he cannot think of anyone better than Ms. Coto to represent the County.

The Board pulled Item #6 to be discussed during this afternoon’s meeting.

Commissioner Maloy left the meeting at this time.

Cindy Coto, Deputy County Manager, addressed the Board to request direction pertaining to Code Enforcement Board lien on property located at 200 West 27^th Street, Sanford, Fl. (Case #99-05A-CEB).

Commissioner Maloy reentered the meeting at this time.

Upon inquiry by Commissioner McLain, Ms. Coto advised the Board established guidelines they would take into consideration when the issue of liens came before them. She stated she recalls one instance when the Board granted a reduction in the overall amount. She said it is up to the Board to determine how they would like to proceed.

Commissioner McLain stated he feels the lien should be considered in the purchase of the property and sometimes the lien is more than the purchase price.

Commissioner Van Der Weide stated when a lien is placed on a property, it is for a good reason. He stated when someone purchases that property knowing there is a lien on it, that places the owner in a distress sale position. He said he has a concern putting these owners in a position that they take advantage of the new buyer, who plans from the start, and they come to the Board to get the lien reduced. If they buy property with a lien on it, then they should have to live with it.

Commissioner Morris stated he echoes what Commissioner Van Der Weide is saying. He stated when you get a lien that sticks and the people still scofflaws, and if they won’t correct the action, then, it becomes a penalty. He said he feels this is a very mild lien and this request should have been rejected by staff and not brought before this Board.

Motion by Commissioner McLain, seconded by Commissioner Morris to deny the request to waive or reduce the Code Enforcement Board lien on the property located at 200 West 27^th St., Sanford, Fl (Case #99-05A-CEB).

Under discussion, Commissioner McLain stated he feels the Code Enforcement Board does a good job and these fees should be collected.

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

Upon inquiry by Ms. Coto, Commissioner McLain stated he feels that if a property owner is requesting fees be waived, they have a right to be heard.

Commissioner Morris stated he would like staff to come back with some standards that approach 50% or 75% of the value of the property.

Commissioner Van Der Weide stated any party can appeal the Board of Adjustment’s decision to the BCC and he would hate to support anything that denies access to the BCC. He stated he feels the District Commissioner should be able to bring an item up before the BCC.

Chairman Henley stated staff will submit language amending the guidelines that were adopted on February 9, 1999.

Tracy Grygiel, Economic Development Commission, addressed the Board to present request to approve economic incentive funds in the amount of $31,500 for Aero Products Corporation. She introduced Angel Romero and Duke Woodson of Aero Products Corporation. She advised the average annual salary would be $32,200 and the estimated total investment for the facility expansion is $1.5 million. The total local participation would be $63,000 with the City of Sanford participation to be $31,500 as well. She stated the City of Sanford has approved their matching funds at their meeting yesterday.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-22, as shown on page ________, approving economic incentive funds in the amount of $31,500 for Aero Products Corporation, contingent upon matching funds from the City of Sanford.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to present request to approve Option Agreement for the sum of $100.00 which grants the County the right to purchase within 180 days the 535-acre Tilden Groves property for a price of $865,000; authorize staff to exercise option agreement upon completion of appropriate due diligence; to include appraisal, survey and environmental audit; direct staff to negotiate interlocal agreements with the Sanford Airport Authority and St. Johns River Water Management District (SJRWMD) as partners in the acquisition and management of the Tilden Groves property (such agreements to be presented for Board consideration prior to property closing). She stated the interlocal agreement would allow the Sanford Airport Authority to purchase an easement from the County for the purpose of receiving mitigation credits to expand the airport. She added the Sanford Airport Authority’s contribution would be approximately $430,000 and the SJRWMD’s amount would be approximately $217,000. The SJRWMD is interested in having the County manage their portion and have indicated a contribution to the program regarding that.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize Chairman to execute Option Agreement, as shown on page _________, for the sum of $100.00 which grants the County the right to purchase within 180 days the 535-acre Tilden Groves property for a price of $865,000; authorize staff to exercise option agreement upon completion of appropriate due diligence, to include appraisal, survey and environmental audit; direct staff to negotiate interlocal agreements with the Sanford Airport Authority and St. Johns River Water Management District (SJRWMD) as partners in the acquisition and management of the Tilden Groves property (such agreements to be presented for Board consideration prior to property closing).

Under discussion, Commissioner Morris stated this has been a long, long process and through this process a letter (not received and filed) was submitted from an individual citizen referencing all parties involved in assisting the purchase process. He stated he would hope staff can relay that information back to the Sanford Airport Authority and hopefully all parties involved would be considered.

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

Chairman Henley recessed the meeting at 10:37 a.m., reconvening at 10:45 a.m., with all Commissioners being present.

John Omana, Senior Planner, addressed the Board to present request to approve Plat Waiver to property located on the north side of Jessica Drive, approximately 315 feet west of Bear Lake Road, Kenneth & Irene Wofford. He stated staff has reviewed the proposal and finds that it meets the code requirements of the subdivision regulations of the Land Development Code. Staff is recommending approval of the plat waiver.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve Plat Waiver to property located on the north side of Jessica Drive, approximately 315 feet west of Bear Lake Road, Kenneth & Irene Wofford.

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

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Matt West, Senior Planner, addressed the Board to present request to approve Revised Preliminary Subdivision Plan for Astor Farms for 275 single family lots zoned PUD, and grant waiver of the sidewalk on one side of the entrance road; property located at the north end of North Maryland Street, Harling Locklin & Associates, Inc. He submitted and briefly reviewed a Preliminary Subdivision Plan (received and filed). He stated rather than putting sidewalks on both sides of Maryland Street, staff is recommending installing a 5-ft. sidewalk on one side, and which side will be determined during the final engineering approval. Mr. West advised the revised plan had 17-18 conditions and a lot of those have been addressed and eliminated. He added staff recommends approval of the request subject to the following: (1) One 5 ft. sidewalk to be installed on one side of Maryland St., to be determined at final engineering; (2) Compliance with the final PUD master plan that will be adopted by the BCC; (3) Decorative paving in a public right-of-way to be reviewed and approved by staff during final subdivision review; (4) Compliance of Appendix H to be reviewed at the final engineering; (5) Adequate turn lanes and right-of-way to be provided at the entrance of Orange Blvd. to accommodate right and left turn lanes; and (6) Vacating existing rights-of-way within the project and that would be accomplished prior to final approval.

Upon inquiry by Chairman Henley, Mr. West advised they are proposing locating the school bus stop at Orange and Maryland St.

Chairman Henley stated he feels it is imperative to have a sidewalk for the kids to walk to get them off the road. Discussion ensued relative to the sidewalk and bus stop.

Allan Keen, 1312 Bridgeport Dr., addressed the Board to state because of the action and as part of the settlement that was reached, this is a much better plan than what was originally approved. He stated he would like to make the following commitments: The park in the back corner will be a passive park and there will be no lighting; no active picnic areas; no pools; no tennis courts; no cabanas; there will be 2 gazebo areas or open field areas; and there will be no hard surface parking. He said with regard to the sidewalk, he is working closely with the residents on Maryland Street and they would like to help them as much as possible. He added there has been a conflicting conversation as to where the school bus will pick up on the sidewalk. He said he would like more time to go back to the school system to come up with something that would make sense. Discussion ensued.

At the request of District Commissioner McLain, Mr. West reiterated staff recommends approval subject to one sidewalk to be installed on North Maryland Street, to be determined at final master plan; compliance with the final PUD master plan; decorative paving in the public right-of-way would be subject for review by staff during final subdivision review; compliance with Appendix H, which is a planning standard for natural resources, to be evaluated during the final subdivision review; provide adequate turn lanes and right-of-way at the entrance of Orange Blvd. at final engineering; and vacating any existing rights-of-way within the project before final approval.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Preliminary Subdivision Plan for Astor Farms for 275 single family lots zoned PUD, and grant waiver of the sidewalk on one side of the entrance road; property located at the north end of North Maryland Street, Harling Locklin & Associates, Inc., with the staff recommendations to be included; subject to putting the money for the sidewalk in escrow; and the developer, residents on Maryland, and the School Board to work out a solution on the school transport and that will come back to the Board.

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

Antoine Khoury, Principal Engineer, addressed the Board to request Board direction pertaining to the location of a retention basin on the Econ River Wilderness Area property.

Chairman Henley informed the Board that a letter was faxed to him this morning requesting that this item be delayed today and to consider it as a public hearing issue. He stated he informed the residents that this item does not meet the criteria for a public hearing. He said he informed them that it would take a positive action from the Board to delay it and in order to consider it as a public hearing, it would have to be advertised. Mr. Khoury stated a compromise has been reached between the Natural Lands staff and Public Works. He stated he will be happy to answer any questions.

Commissioner Maloy stated he feels the compromise is a "win-win" situation for everyone. He stated the opportunity to purchase the adjacent 10 acres is a good idea.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt staff recommendations of constructing the pond on the Natural Land property; purchasing the adjacent 10 acres and add it to the preserve; compensate the $125,000 for the 2½ to 3 acres; that it would be engineered in a environmentally-friendly manner; and no access to Fawn Run.

Under discussion, Commissioner Morris stated he has concerns with the policy issue on what they are doing with natural lands. He stated there are other projects that will rely on natural lands and he doesn’t know that this type of solution-setting is going to work in those cases. He added he is concerned with the precedence of this.

Commissioner Van Der Weide stated he understands that parties have come together on this and he would like to know who they were.

Mr. Khoury advised it was the Public Works and the Planning & Development Departments. He stated there was no public involvement on the deal that was worked out yesterday.

Chairman Henley stated he spoke with some of the residents in that area and they had no objections to the request, but some still question what is being done.

Commissioner Van Der Weide stated the additional 10 acres is a gain of land put away for the natural lands and the concern is precedent-setting of using natural lands for a retention pond. Discussion ensued.

Commissioner McLain stated if the Board is going to allow the public to speak on this issue, he would support a public hearing so that it is properly advertised. That will give all parties an opportunity to express their feelings.

Commissioner Maloy stated he has spoken with a lot of people on this issue. He stated he took some photographs (not received and filed) of the area and he feels the compromise is a net benefit to the area. He said the residents have not used their back yards in three years because they have lived in a constant cloud. He added he doesn’t see that there is a need for putting those residents living in the area through any more turmoil.

Districts 1 and 4 voted AYE.

Commissioners Van Der Weide, Morris and McLain voted NAY, whereupon, the motion failed for lack of a majority vote.

Commissioner Van Der Weide stated staff has indicated that this has been worked out with the community, but when he asked about the parties involved, no one in the community had been mentioned.

Commissioner McLain recommended continuing this issue after the 7:00 p.m. public hearings.

Motion by Commissioner Van Der Weide to schedule a public hearing to consider the Old Lockwood Road Pond location.

Upon inquiry by Chairman Henley, Commissioner Maloy advised he is assuming that the public hearing would be on the same packet item issued today.

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

Motion by Commissioner McLain to continue to 7:00 p.m., or as soon thereafter as possible, consideration of the Old Lockwood Road Pond location.

Discussion ensued.

Commissioner McLain withdrew his motion.

Motion by Commissioner Morris, seconded by Commissioner McLain to make a policy decision that natural lands will not be used for this purpose; and to instruct staff to look at alternative pond locations not on natural lands; with staff to come back to the Board with a timeline of realistic delays and the financial information.

Under discussion, Commissioner Maloy stated staff felt that going to another location would cause a year delay. He stated most people feel that this issue is on the slow track as it should have happened years ago.

Commissioner Morris stated he feels that this is a wonderful compromise, but he cannot live with it due to the future precedent setting it has. He stated there are 180 miles of unpaved roads in the County and those residents have lived in those areas for years and they also suffer.

Commissioner McLain stated he understands that the citizens living on the dirt road have to deal with the dust. He stated he has lived on a dirt road for 25 years and he has put up with it also. He said he understands their concerns, but he does not think that this is the right solution.

Chairman Henley stated there is a potential of contaminating the ponds that are being dug in Seminole County. He stated if a public hearing is held he doesn’t think new information can be received that they haven’t already received in writing or by phone.

Districts 2 and 5 voted AYE.

Commissioners Maloy, Henley and Van Der Weide voted NAY, whereupon, the motion failed for lack of a majority vote.

Upon inquiry by Chairman Henley, the Board consented to bringing this issue back after the 7:00 p.m. public hearings.

Commissioner McLain left the meeting at this time.

Mr. Grace presented request to approve the award of the Contract with Employee Benefits Cooperative. He stated this item was approved at the January 11, 2000 Board meeting and the Clerk of Court, Maryanne Morse, brought up an issue that was valid. He stated the effective date of that contract was February 1 and staff is requesting an amendment to change the effective date to January 15, 2000. He said the previous company has gone out of business and the new company needs to take over sooner than expected.

Upon inquiry by Chairman Henley, Maryanne Morse, Clerk of Circuit Court, addressed the Board to advise $3,700 has been forwarded for the last payroll cycle in December. However, she anticipates that an estimated amount of $14,000 to $15,000 may not get recouped. That amount will not be determined until all of the employees have been contacted ascertaining how much they have gotten back.

Upon further inquiry by Chairman Henley, Ms. Morse advised even if the effective date is changed to January 15, the odds of recovering the money from Flex Comp are mute. She said they are concerned about the $3,700.

Mr. Grace stated staff is still sorting out the legal ramifications.

Chairman Henley stated he would suggest approving this, but he would like to hear from the County Attorney as to what direction they can take today while the Clerk is trying to work out the ramifications.

Commissioner Van Der Weide left the meeting at this time.

Mr. McMillan stated the program is not a reimbursable program. It is different if an employee has been denied reimbursement because they didn’t have the money as opposed to being denied reimbursement because the entire deduction has been pulled down. He stated until the County receives an indication from an employee that they already submitted something and the reimbursement was not forwarded to them, then there may be a problem.

Mr. Grace stated there is still additional information staff needs to obtain before they can do any more on this.

Motion by Commissioner Morris, seconded by Commissioner Maloy to award the Cobra Secure Service Contract to Employee Benefits Cooperative, as shown on page _______, with an effective date of January 15, 2000 not withstanding of the date of its execution.

Districts 1, 2, and 4 voted AYE.

Suzy Goldman, Library & Leisure Services Director, addressed the Board to recognize the following Historical Commission members in attendance: Linda Batman; John Bistline; Fred Gaines; Gertrude Lukas and Lorraine Whiting.

Commissioners Van Der Weide and McLain reentered the meeting at this time.

Ms. Goldman displayed and reviewed slides relative to the Historical Windows to the Future. She stated the Vision of the Long Range Plan 2000-2005 is to restore the Museum and infirmary buildings to their original architecture. She stated the mission of the Museum of Seminole County History is to be known as a county resource center and historical complex to provide citizens of Greater Central Florida and tourists the knowledge that they learned from the past, to have a better future through historical preservation. She displayed slides of Preserving the Past and reviewed their role of restoring the Museum building, developing a Museum complex, preserving and providing access to photographic collection, Historical County records, and other primary Historical sources. An overall site plan for the development was also displayed and reviewed. She stated the goal in the plan is to develop new exhibits, continue a Historical Marker Program and to expand the Museum hours. She displayed and reviewed the promotional efforts of signage, media coverage, publications and brochures, outreach and special promotions and events. She stated the budget for this 5-year plan is $435,000, which includes $273,800 to restore the Museum building; $126,000 to restore the Infirmary building; and $35,200 for a covered exhibit pavilion. She reviewed the annual operating increases as outlined on the Budget slide. She stated the Supplemental Funding Sources include State Grants, Special Legislative Appropriation, Donations, and Tourism Development.

Upon inquiry by Commissioner Morris, Jamie Croteau, Director of Administrative Services, addressed the Board to review the structural issues of the Infirmary building and the estimated cost of renovation.

Commissioner Morris stated the existing fence is not very attractive and it seems to him that a stucco wall between the front building and the Infirmary building would be a better aesthetic design. He stated he would like to know why this is a five-year plan and not a shorter plan.

Maryanne Morse left the meeting at this time.

Commissioner McLain stated he feels the support structure for the Infirmary should be inspected to see what kind of condition they are in. He stated he would like staff to check into that before the Board decides to spend $114,000 on that building.

Chairman Henley recommended approving the proposal but condensing it to a three-year plan.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to designate buildings and land in the proposed site plan for the Museum Complex; reallocate $8,000 in the Historical Museum’s 99/00 budget from Contractual Services to Personal Services ($3,000) and Operating Supplies ($5,000); direct staff to implement a program for development according to the proposed plan and budget; condensing the proposal to a three-year plan; and to approve replacing the existing fence with a stucco wall.

Under discussion, Commissioner Van Der Weide stated he would like to offer a friendly amendment to the motion to authorize staff to analyze some outdoor restroom facilities.

Commissioner McLain stated he would accept the friendly amendment to the main motion.

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

Ms. Goldman recognized Karen Jacobs. She stated Ms. Jacobs is the museum specialist who has given her heart and soul to the museum.

At the suggestion of Chairman Henley, the Board agreed to move the Prioritization of Community Programs to be after the last afternoon public hearing.

Helen Stairs addressed the Board to state it had not been the intent of the Ritz Community Theatre Projects, Inc. to ask the Board again for funding. She stated the Theater originally asked the City of Sanford to fund $75,000 in assisting them in covering items that were not covered under the CDBG grant or the State Preservation Grant. She said the City of Sanford has agreed to fund half of the monies if the Theater could come up with the additional $37,500. Therefore, they are here today to see if the County can assist them in dedicating this building to the public.

Upon inquiry by Chairman Henley, Ms. Stairs advised the total cost of the renovation will be about $1.4 million and to date there is over $420,000 in private donations and in kind services.

Commissioner McLain stated the money and time spent on this project has been very cost saving when compared to other theaters around Central Florida. He stated all of the monies committed to this project have been pass-through dollars and no taxpayers’ dollars have been spent. He pointed out that in order to participate in any arts projects, this community has to travel to Orange County. Everyone in Seminole County as well as the communities of Orange and Volusia Counties can use this facility. He stated he would hope the Board will support this project so that the school children in the community can use this facility for performances.

Commissioner Van Der Weide stated it is not unusual for many different groups to invest in a project for future success. He stated it would be one sad day if the Board did not kick in a little money in order to finish this project.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize funding in the amount of $37,500 for the Ritz Community Theatre Projects, Inc.

Under discussion, Chairman Henley stated he wished that the City of Sanford had made a stronger commitment since the County already committed almost $182,000 and the City only committed $20,000. He stated he would like to remind the Board that they have sent a letter to all grant recipients that they would have to look somewhere else for funding as the Government cannot continue to fund. He said he would support the proposed funding with the condition that the Board amend the motion to include the $249,000 for the Historical Museum.

Commissioner McLain stated he will accept that as a friendly amendment to the motion.

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

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

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

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

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

The Board recessed the meeting at 12:20 p.m., reconvening at 1:35 p.m., this same date, with all Commissioners and Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris 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.

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1AAA (Single Family Dwelling) for property located on the southeast corner of Orange Boulevard and Wilson Road, Bowyer-Singleton representing property owner Paulucci International Limited, Inc., received and filed.

Senior Planner, Gary Schindler, addressed the Board to briefly present the request, advising staff supports the rezoning.

Don Fisher, Bowyer-Singleton, representing the developer, addressed the Board to advise they concur with staff comments.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #2000-2, as shown on page ________, rezoning from A-1 (Agriculture) to R-1AAA (Single Family Dwelling), property located on the southeast corner of Orange Boulevard and Wilson Road, as described in the proof of publication, Bowyer-Singleton representing Paulucci International Limited, Inc.

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

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from R-1AA (Single Family Dwelling) to R-1 (Single Family Dwelling) and request for Plat Waiver for Lot 20, property located on the south side of Tangerine Street at its intersection with Virginia Street, Jerome T. & Julie P. Stockton, received and filed.

Mr. Schindler reminded the Board that this item first came to their attention when the Board of Adjustment's decision to uphold the Current Planning Manager's decision was appealed. He said the BCC directed staff to work with the applicant so he could have a second buildable lot. The staff has no objections to the requested rezoning nor the request for a plat waiver.

District Commissioner Henley stated he has visited the site and believes even though it will be a tight fit for two buildable lots; it is doable if they do not over-build.

Jerome Stockton, applicant, addressed the Board to express his appreciation to Mr. Dwyer and Mr. Schindler for their help.

No one else spoke in support or in opposition.

The Chairman surrendered the gavel to the Vice Chairman for the purpose of offering a motion.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-3, as shown on page ________, rezoning from R-1AA (Single Family Dwelling) to R-1 (Single Family Dwelling), with staff recommendations, property located on the south side of Tangerine Street at its intersection with Virginia Street, as described in the proof of publication, Jerome T. & Julie P. Stockton.

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

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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to grant Plat Waiver for Lot 20, Block E of West Altamonte Heights Section 1, as recorded in Plat Book 10, Page 69 of the Public Records of Seminole County, located on the south side of Tangerine Street at its intersection with Virginia Street, as described in the proof of publication, Jerome T. & Julie P. Stockton.

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

The gavel was returned to the Chairman.

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) for property located on the south side of Center Drive, west of East Lake Drive, Rink Development for Thomas & Olita Johnson, received and filed.

Mr. Schindler advised the property in question is adjacent to an area that is zoned A-1 and is surrounded on three sides by zoning that is zoned R-1A or functionally R-1A. He said he believes this is an infill piece of property and R-1A is a logical extension of the zoning in the area. Therefore, staff recommends approval.

Upon inquiry by District Commissioner Maloy, Mr. Schindler advised there is no requirement in the County Codes for buffering between Low Density Residential and A-1 zoning.

Upon further inquiry, Mr. Schindler advised the A-1 property owners would not be required to remove any of their animals if R-1 residents complained.

Don Fisher, representing the applicant, addressed the Board to advise the house prices will be between $150,000 and $175,000. He said they will commit to a minimum 1,600 square foot house size.

Upon inquiry by Commissioner Maloy, Mr. Fisher stated they will water the property if there are dust complaints. He also stated that they would not be in favor of putting a wall up because the Code does not require one.

Mr. Fisher stated that they know there are stormwater issues in the area and those will be dealt with during preliminary engineering.

Sandy Wright, 527 Eagle Circle, addressed the Board to speak in opposition, stating they purchased their property because the property in question was zoned A-1 and the realtor advised them it would stay that way.

Dr. Harry Thomas, 1906 Center Drive, addressed the Board to speak in opposition, expressing his concern with drainage problems in the area. He advised that there are eagles' nests on the subject property and questioned how they will be handled. He said he and his neighbors have horses on their properties and he feels it is unfair to put residential houses abutting A-1 property. He added that if this rezoning is approved, he would at least like to see a wall built.

Lisa Raulston, 1910 Center Drive, addressed the Board to state her house is valued at $300,000, not including the property; and she is insulted that $150,000 homes are proposed for the property next door. She explained that she also has horses on her property and is not comfortable with the proposed homes, as she believes it will cause security and trespassing problems for her. She said it is unfair to not put a wall between the two properties.

A brief discussion ensued between Commissioner McLain and Mr. Dwyer with regard to the requirement for a wall.

Mr. Fisher discussed the lot size calculations per the County's Lot Size Compatibility Ordinance and stated this property came out to 7.84 units. He said because of concern for the horses and because they want to be a good neighbor, they will commit to building a six-foot stockade fence along the western property line, which will be maintained by the homeowners association. He reiterated that they will water the site in order to keep the dust down and will deal with the stormwater issues. He advised they plan to access the site off of Center Drive and there will not be any access from the south. He also advised that they will have to submit a threatened species report with regard to the eagles.

No one else spoke in support or in opposition.

District Commissioner Maloy stated he understands the residents' concerns. However, the future land use map does show this property as low density residential and the request looks to be in order.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-4, as shown on page ________, rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling) property located on the south side of Center Drive, west of East Lake Drive, as described in the proof of publication, Rink Development/Thomas & Olita Johnson, subject to the following: (1) Minimum 1,600 square foot homes; (2) Six-foot privacy fence to be built and maintained by the homeowners association; (3) Developer to abide by dust control codes; (4) Access to be on Center Drive only; and (5) Staff to report to the District Commissioner when the site plan comes back if there is anything unusual in the engineering.

Under discussion, Commissioner Morris stated he believes the appropriate thing would be a wall rather than a fence. He suggested a combination wall where there are concrete footers and posts and the fencing material in between would be wood.

Upon inquiry, Mr. Fisher advised the developer would be willing to build the concrete/wood combination wall along the western boundary. Whereupon, Commissioner Maloy amended his motion to require the wall as described by Commissioner Morris. Commissioner Van Der Weide concurred with the amendment.

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

Commissioner McLain left the meeting at this time.

Continuation of a request to rezone from PUD (Planned Unit Development) to PUD (Planned United Development); approval of final PCD Master Plan; and approval of addendum to Developer's Commitment Agreement for property described as located at the northeast corner of McCulloch Road and Lockwood Boulevard, as described in the proof of publication, Aaron Gorovitz.

Current Planning Manager, John Dwyer, advised the applicant is requesting to amend the Carillon PUD Final Master Plan and Developer's Commitment Agreement to allow the use of gasoline pumps and a car wash facility in conjunction with a Chevron service station/store. He further advised that staff has reviewed the request and recommends approval subject to the eleven conditions of the Florida Petroleum Services (FPS) Amendment to the PUD and applicable provisions of the Land Development Code.

At the request of District Commissioner Maloy, Mr. Dwyer read the permitted uses under the current PUD zoning for the subject property.

Commissioner McLain re-entered the meeting at this time.

Commissioner Van Der Weide left the meeting at this time.

Attorney Aaron Gorovitz, representing the developer, addressed the Board to relate a brief history of the property. He said he has worked with the homeowners association in developing the site.

Commissioner Van Der Weide re-entered the meeting at this time.

Mr. Gorovitz stated the property is already zoned - all they are doing is adding gas pumps and a car wash. He added that the homeowners have had input on every aspect of the site development (lighting, landscaping, signage and berms). He submitted letters (received & filed) from the homeowners association dated March 23, 1998 and October 1, 1999 in support of the request. He added they agree with the conditions of staff and the homeowners association.

Attorney Paul Wear, representing the Carillon Community Residential Association, Inc., addressed the Board to concur with the statements of Mr. Gorovitz. He said this has been an unparalleled cooperative development between the developer and the association. He said they support the request without reservation.

Upon inquiry by Commissioner Maloy, Attorney Wear advised the association's meetings have been posted and newsletters notified the residents of same.

Mary Morehead, representing the Carillon Homeowners Association, addressed the Board to state they have worked on this development for two and a half years. She said she believes they have worked diligently and have gotten tremendous cooperation from the developer. She added this has been commercial property since they purchased their houses.

Michael Proctor, 1307 Hampstead Terrace, addressed the Board to state there is a conservation area next to the property in question. He said that when the Exxon station was proposed in 1997, it was overwhelmingly opposed. He submitted a copy of the association's letter dated July 15, 1997. He expressed his concern with the gasoline additive called methyl tertiary butyl ether (MTBE) and what it will do to the water supply. He submitted a transcript regarding same of "60 Minutes" shown on CBS on January 16, 2000.

Commissioner McLain stated Mr. Proctor's environmental concern will be closely monitored by more than one State agency.

Copies of several faxes in opposition to the gas station were received and filed.

No one else spoke in support or in opposition.

District Commissioner Maloy stated that he has not seen a commercial development go to such expenses to blend with a residential neighborhood. He added that he does not see this as being detrimental to the area.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #2000-5, as shown on page _______, rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development; approve final PCD Master Plan; and approve Addendum, as shown on page ________, to Developer's Commitment Agreement, as shown on page _______, for property located at the northeast corner of McCulloch Road and Lockwood Boulevard, as described in the proof of publication, subject to Exhibit A conditions, Aaron Gorovitz.

Under discussion, Commissioner Morris stated he believes everyone is aware that MTBE is a severe national problem, which is only now being discovered.

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

Commissioner Maloy left the meeting at this time.

Chairman Henley asked if the Board preferred to schedule a workshop on an off Tuesday in order to deal with this prioritization.

The Board, by unanimous consensus, agreed to schedule a work session to consider Prioritization of Community Programs.

Commissioner McLain advised that the City of Sanford voted last night to partner with the County on providing a community park in the Lake Mary/Sanford area. He said he would like to have staff look at the proposed sites between now and this work session.

Discussion ensued on Item #6, BCR #00-40 in the amount of $89,509, County Attorney's Office, for lobbying activities previously managed by the County Attorney's Office but are now managed by the County Manager's Office.

Commissioner Morris stated he would like to see how this works first before transferring the money.

Mr. Grace advised he will withdraw the transfer at this time. He added if this becomes a problem, he will bring it back to the Board for consideration.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Betty Munoz to the Animal Control Board for a term ending January 1, 2001.

Districts 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-26, as shown on page ________, commending Jeff Cashatt for his services on the Animal Control Board.

Districts 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Morris to reappoint Thomas Hagood, Jr., from the City of Oviedo to the Expressway Authority Board for a two-year term.

Districts 2, 3, 4 and 5 voted AYE.

Motion by Commissioner Morris, seconded by Commissioner McLain to reappoint Alex Dickison for a two-year term and Michael Broussard to complete current term ending 01/01/01 to the Historical Commission; and to adopt appropriate Resolution #2000-R-24, as shown on page ________, commending Kay Bartholomew for her services on same.

Districts 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to reappoint the following:

Districts 2, 3, 4 and 5 voted AYE.

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Commissioner Henley advised of his nominations to the Historical Commission and Parks & Recreation Board.

Motion by Commissioner Morris, seconded by Commissioner McLain to appoint Bob Lee to the Historical Commission for a term ending January 1, 2002; and appoint Tom Artingstall to the Parks & Recreation Advisory Board for a term ending January 1, 2001.

Districts 2, 3, 4 and 5 voted AYE.

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

1. Letter dated 1/13/00 to BCC from Jerry Steward re: Development in Seminole County. (cc: Current Planning, Co. Manager, Deputy Co. Manager)
2. E-mail dated 1/14/00 to Chairman from Charles & Ruth Zimmerman re: Appreciation for favorable vote on Wal-Mart. (cc: BCC, Comprehensive Planning, Current Planning)

The Chairman distributed copies (received & filed) of the MetroPlan Board Meeting Highlights dated January 12, 2000; and a Memorandum from MetroPlan Executive Director, Harold W. Barley regarding Governor Bush's "Mobility 2000 Initiative".

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The Board, thereupon, recessed at 3:40 p.m., reconvening at 7:00 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to reappoint the following:

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

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Commissioner Henley recommended the appointment of Anthony Mujic to the Animal Control Board.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to appoint Anthony Mujic to the Animal Control Board.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of Ordinance adopting Amendment to the Seminole County Comprehensive Plan to update the Capital Improvements Element of the Plan, received and filed.

Dick Boyer, Senior Planner, addressed the Board to state the Department of Community Affairs had no objections to the Capital Improvements Element (CIE). He advised the changes made to the document since the Board’s first hearing in September, 1999, include projects rebudgeted in December, 1999, into the first year of the adopted 1999/2000 annual budget. He said the staff is recommending adoption of the ordinance.

Upon inquiry by Commissioner Morris, Colleen Rotella, Comprehensive Planning Manager, addressed the Board to state the trail projects do not have a specific level of service, so at this time, they are not incorporated in the CIE. However, in the Recreation/Open Space Element Update, staff is incorporating those as a part of the adopted level of service. She said more projects could be incorporated into the CIE at a later date.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt Ordinance #2000-6, as shown on page __________, adopting an amendment to the Seminole County Comprehensive Plan to update the Capital Improvements Element of the Plan; as described in the proof of publication.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Small Scale Comprehensive Plan Amendment from Higher Intensity Planned Development to Low Density Residential; Rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling); and approve rezoning development order; property located north of McCulloch Road, ¼ mile west of Alafaya Trail; approximately 9 acres, Rink Development, received and filed.

Cindy Matheny, Senior Planner, addressed the Board to state the applicant is requesting R-1 zoning, which would permit lots of 800 square feet. Staff had recommended approval of Low Density Residential land use with findings that LDR, as proposed: (1) would be consistent with the locational criteria of the County’s Comprehensive Plan relating to low density residential land use; (2) would be compatible with development trends in the immediate area; (3) would be consistent with adjacent HIP land use designations; (4) would provide for appropriate transitional land use; and (5) would be consistent with Plan policies identified at this time and, therefore, is consistent with the Seminole County Comprehensive Plan. Staff recommends that the requested R-1 zoning: (1) is not in compliance with the applicable provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code related to R-1 zoning; and (2) the request, as proposed, would be incompatible with surrounding development. She stated that staff is recommending instead that the Board approve R-1AA zoning on the site.

Ms. Matheny advised that the Local Planning Agency/Planning & Zoning Commission voted unanimously to recommend approval of the LDR land use with staff findings; and to approve R-1, subject to the applicant’s statement during the public hearing that the homes would be a minimum of 1600 square feet in size.

Ms. Matheny stated the R-1AA zoning would permit 11,700 square foot lots. She explained that on the surrounding property, the smallest lots abutting the subject property are 11,700 square feet and go up to 15,000 square feet and larger. She said staff feels this property is an infill site and development of the smaller lots would be incompatible with the surrounding area. She advised staff has received numerous letters and e-mails (received and filed) over the last couple weeks.

Upon inquiry by Commissioners Morris and Van Der Weide, John Dwyer, Current Planning Manager, stated staff has not seen the applicant’s proposal and does not know how many units they are proposing. He said they are possibly looking at a difference of two to three units between the applicant’s requested zoning and the staff recommendation.

Commissioner McLain questioned the numbers on the matrix by the applicant. Mr. Dwyer stated staff does not dispute those numbers, but feel the Knight’s Krossing development south of the proposed development skews those numbers tremendously. He said there is a provision in the Compatibility Ordinance which states when there is property so grossly out of character with the surrounding properties that would substantially skew the percentage area calculation, the Current Planning Manager may find that the property is excluded from consideration of an applicable zoning classification.

Upon inquiry by Commissioner Maloy, Ms. Matheny stated the sizes of the lots in Kingston Oaks are about 11,900 square feet and in Riverwalk, the sizes begin at 11,700 square feet and go up. Mr. Dwyer showed a sketch of a plat map with the subject property and platted lots on the north and west sides to give an idea of the lot sizes in Riverwalk. He advised that the lot sizes in Heritage Oaks are smaller than those in Kingston Oaks. He said the developments in Kingston Oaks and Heritage Oaks are all single family in a HIP area.

Don Fisher, Bowyer-Singleton Associates, representing applicant Jeff Dodson/Rink Development, addressed the Board to state he concurs with the staff recommendation relative to the land use amendment, but disagrees with the recommendation on the rezoning of the property. He discussed what developments the HIP land use allows and said they felt none of those would be appropriate from their evaluation of the property. He explained why he thought Mr. Dwyer’s interpretation of the Compatibility Ordinance relative to lot sizes was incorrect. He referred to and displayed the newspaper picture (received and filed) from the Orlando Sentinel depicting the subject property, the area of Knight’s Krossing, UCF, River Chase, Riverwalk, Kingston Oaks, and Heritage Oaks subdivisions. Mr. Fisher said the intensity of Knight’s Krossing has a great impact on the intensity of what should be allowed in this development, including in the transition. He distributed and explained the quasi-compatibility calculations (copy received and filed) done for the property.

Mr. Fisher advised that the lot sizes in Heritage Oaks are 5,000 square feet.

Mr. Fisher said according to their calculations, they came up with 9.15 which is equivalent to R-1 zoning. He pointed out that this development is the only one with direct access through McCulloch Road. He said the County’s Comprehensive Plan recommends more intense development on infill property for Medium Density Residential. He said they feel this request is "down land using," as they are taking the County’s most intense land use but choosing to develop it with a less intense use. Mr. Fisher responded to concerns by the neighbors. He reviewed the neighboring densities and stated this development would be approximately 3.4 dwelling units per acre for about 26 lots. The price of the houses will be in the range of $150,000 to $175,000. He suggested having deed restrictions that these houses would not be made available for student housing. Regarding the neighbors’ concern for flooding, Mr. Fisher said they would be required by Code not to cause flooding off site. He stated the applicant is committing to houses of 1600 square feet minimum and a value range of $150,000 and higher; and he doesn’t think that will affect the neighbors’ property values much.

Upon inquiry by Commissioner McLain, Mr. Dwyer stated that staff supports the land use going from HIP to LDR. He said the idea that the applicant could develop the property as HIP might not be totally accurate because the special consideration of surrounding uses for compatibility would have to be met. He said the property is so small, it would not be suitable for apartments, and it is really suitable for single family residential.

Frances Chandler, Planning & Development Director, addressed the Board to explain how the HIP development transitional land use works.

Chairman Henley read the names of those who submitted Written Comment Forms (received and filed) in opposition: Mary Gannon-McMurry, Thomas Schuchart, Paul Bernhardt, Ken and Joan Renner, Campbell and Annette Pritchett, and Janine Despres.

Jerry Stewart, 3743 Savannah Loop, Riverwalk, addressed the Board to state his lot is 185’ across the back (he showed the location on the map) and using the calculations given him, the proposed homes would have a 70’ width. He said that’s about 2½ lots to his one lot and to him, that is not very compatible. He said he does not object to the development or housing, but the lot size is going to be so small that it will make things worse in this particular neighborhood. He said if the Board finds they must approve this, then at least force the applicant to put up a brick wall around the entire development that faces Riverwalk so it will match the fence already around Riverwalk for them to have some privacy and separation.

Bill Cox, 443 W. Palm Valley Drive, addressed the Board to state he lives in Riverwalk that directly adjoins the nine acres that the P & Z recommended to be zoned R-1. He asked the Board to deny the R-1 zoning and rezone to a residential classification that is more compatible with the area. He explained why R-1 is not compatible with the area, noting the already existing traffic congestion from developments in the adjoining county, which has led to traffic problems, increased speeding violations, accidents, and police calls. He said the area already suffers from inadequate draining and an R-1 concentration will not provide enough exposed ground to absorb the run-off when the nine acres are at an elevation higher than Riverwalk, and the run-off will pour into their subdivision. He said R-1 zoning is not compatible with Riverwalk or any properties close to the area. He submitted a Petition, as shown on page __________, of 80 homeowners in opposition to the R-1 zoning.

Cecil Livingston, 3880 Golden Meadow Court, Riverwalk, addressed the Board to state he is requesting the Board not to approve the R-1 zoning. He said he believes if they have a low lot size, they will end up with college students in the area. He feels this is going to cause additional problems, which definitely will negatively impact the value of their homes. He requested the Board approve R-1AAA.

Commissioner Maloy discussed with Mr. McMillan the comment by the applicant to put in a deed restriction. Mr. McMillan explained the applicant could voluntarily do that, but the Board could not impose the restriction. He said if this is made a single family residential, then under the code a single family must occupy the dwelling or there would be a code violation.

Campbell Pritchett, 474 W. Palm Valley Drive, addressed the Board to state his wife and he moved there six years ago and his company hired a buyer representative to research the area where they built their home. He said they assessed their home about one year ago and the value was $45,000 less than what they paid for it. He said this is very disheartening, as they had planned the house for their retirement and now they have found the community they live in is being affected by surrounding activity. He said Knight’s Krossing is a nightmare. Based on what was said about this area being developed as small units, he could see students living in each one of these units. He said he opposes any action to rezone anything less than R-1AAA.

Chairman Henley advised Mr. Pritchett that Orange County has activated a Study Committee and Commissioner Maloy represents the Board on that committee.

Commissioner Van Der Weide stated everyone should remember that when talking about college campuses and universities, they need to talk to the legislators, and not just the BCC, as they are the ones that decide whether there are universities and enough campus for housing.

Wendy Andary, 640 W. Palm Valley Drive, addressed the Board to state they decided to build in Riverwalk because it was peaceful and did not have a lot of crime. They did not plan on Knight’s Krossing coming along. She said she couldn’t think of one reason for approving the R-1 development, as it is not compatible to their homes or any of the neighbors around them. The problems they will face will be increased traffic. It costs them extra money and leaves them with gates that don’t work and causes problems with traffic and safety. She said the Board need to start taking action that is going to make it true that Seminole County is Florida’s natural choice.

Chairman Henley advised of additional Written Comment Form (received and filed) from Paul Delhaye in opposition.

Susan Eberle, representing the Riverwalk Homeowners Association, 652 W. Palm Valley Drive, addressed the Board to state at 6:00 p.m. tonight, she received a letter faxed to her from John Kamper, 526 W. Palm Valley Drive. She read portions of the letter into the Record stating R-1 would be very detrimental to their quality of life and such rezoning is not compatible with the adjoining communities. Ms. Eberle reiterated from her letter to the Board that they all bought in Riverwalk for peace and quiet and they want to keep it that way. She said R-1 is not compatible, but R-1AAA is and she asked the Board to rezone to R-1AAA. Ms. Eberle submitted both letters (received and filed) to the Record.

John Martin, 3793 Charleston Loop, addressed the Board to state he has two small children and it is very difficult to let them out to play because of all the adjacent properties cutting through their development; as it would be at a high risk. He said to the best of his knowledge, there is only one house for sale in Riverwalk. So even if the property is zoned R-1AAA, the developer would still be able to sell these houses.

Tom Veith, 3775 Charleston Loop, addressed the Board to state they are about 50 feet from Knight’s Krossing. Since they were unable to have any say in the use of the land 50 feet to the south of them, it irritates him to know that the property is now being used for justification for compatibility for Seminole County. He said they had no control over that. They are being subjected to having things used against them that they had no say in, in the first place.

Commissioner McLain and Chairman Henley responded to Mr. Veith’s concern about Knight’s Krossing. Commissioner McLain stated he thinks the staff clearly said they did not use that to justify any decision and are recommending R-1AA.

Tawn Kelley, 3757 Charleston Loop, addressed the Board to state she can’t see how the applicant can justify putting $150,000 homes on this size lot. She stated River Chase is on the exact same side next to Knight’s Krossing and they are nicer houses than what the applicant is projecting for their lot sizes. She had an appraiser to look at her home and her assessed value has gone down. She said all of them in Riverwalk want the best possible construction on the property. They want it to be compatible with their community.

David Burk, 3886 Kingston Oak Cove, representing Kingston Oaks, addressed the Board to state he is retired from the Orange County Sheriff’s Office. He said Knight’s Krossing rents by the room and not by the family. One of the problems is McCulloch Road and paving it will make it worse. He said speed humps will slow people down, but more houses will create more of a problem and the traffic bottlenecks in that area.

Chairman Henley read the written comment (received and filed) from John Andary in opposition to the R-1 zoning.

Dr. Ken Novick, 502 W. Palm Valley Drive, addressed the Board to state he doesn’t understand why certain people are not trying to help them. He asked why couldn’t someone help them now before it’s way too late.

Commissioner Maloy responded that student housing has been quite controversial and there has only been one development like Knight’s Krossing that came to this Board and they rejected it. He advised that one State legislator has informed him that it will be looked at again for campus police to be able to go off campus for infractions.

Upon inquiry by Commissioner Van Der Weide regarding R-1AA zoning, Dr. Novick said he understands that R-1AAA is larger houses with larger settings.

Commissioner McLain discussed when the university was approved in the mid 1960’s. He said he thinks the most important thing Seminole County residents around the university could do is make the state legislators aware of problems the university is causing them, and they have no say.

Dr. Novick requested that the land area not be as heavily burdened anymore.

No one else spoke in support or in opposition.

Speaker Request Forms and Written Comment Forms were received and filed.

Upon inquiry by Commissioners Morris and Van Der Weide, Mr. Dwyer discussed the R-1, R-1AA and R-1AAA zonings and corresponding house and lot sizes.

Mr. Fisher stated R-1A zoning would be closer to the lot sizes in Riverwalk and he thinks that lends to the transitioning from Riverwalk to Knight’s Krossing.

Mr. Dwyer gave the lot and house sizes for the R-1A zoning. Mr. Fisher reiterated that he would again offer 1,600 square feet for housing.

Mr. Dwyer asked the Board to keep in mind staff is currently looking at Land Development Code amendments which will come to the Board in February and there is a proposal to change the side setbacks from 10 feet to 7½ feet for R-1 and R-1A zoning. If that is approved in the amendments, anything that is approved R-1 or R-1A (straight zoning) tonight could develop as such.

District Commissioner Maloy stated in looking at this, he thinks R-1 lots are small for the area.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to deny R-1 zoning and adopt the staff recommendation for R-1AA.

Under discussion, Commissioner Morris asked if this motion is sufficient. He said the motion is to approve Item B, the staff recommendation. Mr. Dwyer advised the Board needs to deal with the land issue first.

Commissioner Maloy withdrew his motion, and Commissioner Morris withdrew his second to the motion.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to enact Ordinance #2000-R-7, as shown on page __________, approving the staff recommended Small Scale Land Use Amendment (to Low Density Residential); and to adopt Ordinance #2000-R-8, as shown on page _________, rezoning to R-1AA property located north of McCulloch Road, ¼ mile west of Alafaya Trail, approximately 9 acres, as described in the proof of publication, Rink Development; and approval of Development Order, as shown on page ___________, with staff recommendations.

Under discussion, Commissioner Maloy clarified his motion incorporates the previous commitment by the developer to provide 1600 square foot house sizes. Commissioner Morris concurred with the clarification.

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

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Chairman Henley recessed the meeting at 8:45 p.m. and reconvened at 8:50 p.m. with all Commissioners and Officials in attendance.

Commissioner McLain advised he was made aware this afternoon that some subdivisions have had their cost doubled for side yard pickups. He asked what was the justification for that. Mr. Grace answered that he had received a couple of phone calls this afternoon about the same thing, and staff is trying to find out about it. He will report to the Board after hearing from staff tomorrow.

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Commissioner McLain commented the Board could have acknowledged the attendance of the Boy Scouts earlier. Whereupon, Chairman Henley said he was not aware a troop was present until they left the meeting.

The Troop Leader stood in the audience, and Commissioner McLain commended him for being present and invited him to come again to another Commission meeting. The Troop Leader expressed appreciation to see the Board at work.

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Commissioner Morris advised he will be announcing at the next meeting the Second Annual Seminole County Boy Scouts Fundraiser coming in two months. They will be honoring John Mica this year.

Chairman Henley reviewed that the Board voted this morning not to put the Old Lockwood Road retention pond on a conservation land, voted not to have staff search for sites off conservation lands, and voted for no public hearings. The Board continued this item to tonight and it is back to square one for direction.

Commissioner Van Der Weide stated the other action was by consensus that if someone on the prevailing side were to reconsider, he could bring the motion back for reconsideration.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to reconsider the staff compromise proposal for location of the Old Lockwood Road Pond.

Under discussion, Commissioner Van Der Weide said he thinks staff did a good job on compromising this issue. He thinks it is good when they can pick up 10 acres of natural lands and give up three, and he doesn’t see this as a precedent-setting situation.

Commissioner Morris said he does believe this begins to set the precedent. He agrees picking up additional natural lands is nice, and the Natural Lands Program still has some funds left which they will be hearing about in two weeks that can easily acquire the ten acres. However, he said he will not be supporting the motion. He, too, thinks staff did a great job to try to resolve the issue.

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the staff compromise recommendation for the location of the Old Lockwood Road Retention Pond as follows: (1) Construct the pond on natural land property and have a design team made up of Natural Lands, Development Review, Engineering and outside expert to try to minimize the impacts to the surrounding area; (2) Public Works Transportation Fund will reimburse Natural Lands $125,000 for the pond area (2.5 to 3.0 acres) based on Planning and Development value opinion; (3) Engineering Division will purchase the adjacent 10-acre parcel and turn it over to the Natural Lands Program; and (4) Project funding to accomplish the purchases described in points (2) and (3) above would be put in place as part of the mid-year Budget Amendments to be brought to the Board later in the spring. The final negotiated purchase price of the adjacent 10-acre tract will come back for specific Board approval.

Under discussion, Commissioner Morris stated he would not support the motion for the same arguments previously given.

Commissioner Maloy said he found out this afternoon in talking with the Planning Department that the pond would be built in five different stages of pollution control. This will be truly unique and have a very low impact on the environment.

Commissioner McLain stated he wants to make it clear that he is very supportive of paving the road. He said the road could be completed in a reasonable time using another alternative than the natural lands, and that is the reason he won’t be supporting the motion.

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:00 p.m., this same date.

ATTEST_______________________Clerk______________________Chairman

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