BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JANUARY 26, 1999

 

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:00 a.m. on Tuesday, January 26, 1999, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2) (Late)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

 

Pastor John Holloway gave the Invocation.

Commissioner Daryl McLain led the Pledge of Allegiance.

 

PRESENTATIONS

Gary Rudolph, President of the Paralyzed Veterans of America, Central Florida Chapter, addressed the Board to express his appreciation for allowing their members the opportunity to hunt on the Yankee Lake property. Letter regarding same was received and filed. He said they would especially like to thank Ruth Lala, Linda Eiland and Susan Dietrich for their help with the legalities and the paperwork involved with the hunt.

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The Board, thereupon, recessed at 9:03 a.m., for the purpose of convening the U.S. Highway 17-92 Community Redevelopment Agency Meeting, and reconvened at 9:04 a.m., this same date, with Commissioner Randy Morris in attendance.

COUNTY ATTORNEY’S BRIEFING

County Attorney, Robert McMillan, advised the Fifth District Court of Appeal overturned Judge Dickey’s ruling against the County concerning Sassy Merlot, which prohibited the County from seeking enforcement of the Adult Entertainment Ordinances. He explained there will be a motion for rehearing and hopefully, the County will be back before Judge Dickey.

Mr. McMillan also advised of the decision from the United States District Court for the Southern District of Florida with regard to Nightspot, Inc. v. Town of Jupiter. He said this is a decision that accepts the multi-jurisdictional analysis used by the County, which said that alternative site analysis such as the Internet, videos and cable could be counted against the sites in the County. Copy of Memorandum from Lonnie Groot with regard to same was received and filed.

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Deputy County Attorney, Lonnie Groot, addressed the Board to request direction with regard to the Board’s position relative to whether the Metropolitan Planning Organization (MPO) should be subject to the provisions of the Administrative Procedures Act (APA). He advised Metroplan Orlando is seeking legislative action to amend the APA to ensure its position that the MPO is not subject to the provisions of the APA is sustained. The City of Altamonte Springs, on the other hand, asserts that the MPO should be subject to the provisions of the APA. He said should the Board take a position supporting the City’s position, a letter will be drafted for the Chairman’s signature and sent to each member of the Legislative Delegation.

Commissioner Morris recalled the last time the Board discussed this issue, they talked about hearing from the City of Altamonte Springs and the MPO. He urged the Board to seriously consider the idea of making the MPO a rule-making board because it will only increase government and delay the process of government. He strongly suggested the Board take no position or support the MPO.

Chairman Henley stated he attended the MPO meeting and he opposes the MPO position. He said he feels that had the MPO gone through the rule-making process the City would not have to use this to get what they consider a hearing.

Commissioner McLain stated that recognizing the County’s newest members to the MPO have only been serving a couple of months, he thinks it is most appropriate to ask the City to attend a BCC meeting to hear their argument.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue discussion of the APA/MPO legislative issue; and request that MetroPlan Orlando and the City of Altamonte Springs attend a BCC meeting to make their arguments known to the Board.

Under discussion, Commissioner Van Der Weide stated he would be supporting the motion.

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

Mr. Groot advised he will extend an invitation to the two parties for the second meeting in February.

COUNTY MANAGER’S REPORT – CONSENT AGENDA

Commissioner McLain stated he would like to pull Item #7, Budget Amendment Request in the amount of $900,932, purchase of 12 trailers and covers and 9 shuttle truck refurbishments for Solid Waste Operations, for a separate discussion.

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

ADMINISTRATIVE SERVICES

Support Services

 

1. Approve and authorize Chairman to execute the Lease Agreement, as shown on page _________, between State of Florida Department of Law Enforcement and Seminole County for space on the third floor of the Seminole County Sheriff’s Office and Public Safety Complex.

ENVIRONMENTAL SERVICES

Administration

2. Approve and authorize Chairman to execute Release of Sewer (3,300 gpd) Capacity Agreement, as shown on page_________, between Seminole County and John Motsinger, Jr. for the Motsinger property. District 1 – Maloy

 

Solid Waste

3. Approve and authorize Chairman to execute Recycling and Education Grant, as shown on page _______, for 1st quarter FY 98/99 expenditure reimbursement in an amount not-to-exceed $167,623.

4. Approve and authorize Chairman to execute Litter Marine Debris Grant, as shown on page _______, for 1st quarter FY 98/99 expenditure reimbursement in an amount not-to-exceed $26,316.

5. Approve and authorize Chairman to execute Waste Tire Grant, as shown on page _________, for 1st quarter FY 98/99 expenditure reimbursement in an amount not-to-exceed $184,106.

 

FISCAL SERVICES

Budget

6. Adoption of appropriate Budget Amendment Resolution #99-R-13, as shown on page _______, in the amount of $13,000 – Public Works – Traffic Engineering: Fund 10101 – Transportation Fund. Recognizes and appropriates a $13,000 developer contribution for a left turn lane at Red Bug Lake Road and Citrus Road.

8. Adoption of appropriate Resolution #99-R-15, as shown on page ________, in the amount of $5,002 – Sheriff’s Office: Fund 00100 – General Fund. During FY 97/98 the Sheriff’s Office received a grant from the State Dept. of Juvenile Justice to administer a juvenile diversity program referred to as "Operation Right Track". The existing grant received from the State Dept. of Juvenile Justice was split between County budget FY 1997/98 and FY 1998/99. A rebudget of $5,002 in both revenues and corresponding expenditures is needed to reappropriate funds into the FY 1998/99 budget.

9. BCR #99/41 in the amount of $19,152, Public Defender: Fund 12700 – Criminal Justice Trust Fund; to provide funding for the moving costs for the Public Defender to relocate to the Welaka Building.

    1. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, for Cecil E. and Susan F. White for the Lake Mills Shores Roadway and Drainage Municipal Services Benefits Unit.

 

PURCHASING

Formal Contracts

11. Approve Amendment #6 and Second Renewal to FC-317-95/BJC, as shown on page ________, for HVAC Maintenance and Repair Agreement, with Carrier Corporation, Orlando ($635,100.00/year) (April 1, 1999 through March 31, 2000).

Professional Services

12. Approve Amendment #3 to Work Order #2 to PS-143-94/BJC, as shown on page ________, for Consumers Water Treatment Plant Engineering Services, with Black and Veatch, Tampa ($40,464.00).

13. Approve Amendment #2 to PS-333-95/BJC, as shown on page ________, Engineering Services for C/R 46-A – Phase III (Upsala Road to Old Lake Mary Road), with Professional Engineering Consultants, Inc., Orlando ($25,462.00).

14. Approve additional funds for PS-520-98/BJC– Traffic Operation Studies, with Ghyabi Lassiter & Associates, Ormond Beach; and Professional Engineering Consultants, Orlando ($380,000.00).

Request for Proposal

15. Award RFP-457-98/JVP, as shown on page _______, for Inventory, Valuation and Bar-coding Services to Valuation Resource Management, Atlanta, GA (Not-to-exceed $70,300.00 for a five year contract).

Annual Bids

16. Authorization to reject the Low Bidder, Custom Pump and Controls and Award Bid #224-98/GG, Well Pumps for Consumers Water Treatment Plant to the Second Low Bidder, R. C. Beach & Associates, Dune Din, ($108,292.00).

Sole Source and Proprietary Source

17. Authorize Chairman to execute First Renewal of Proprietary Source Procurement M-37-98-BJC, as shown on page _______, Motorola Agreement for Annual Service and Maintenance of the Smart Communications System, with Motorola, Inc., Schaumburg, IL (Not-to-Exceed $248,356.68) (October 1, 1998 through September 30, 1999).

    1. Authorize Proprietary Source Procurement and Authorize Purchasing to Issue A Purchase Order for Motorola Wide Area Network Equipment for Planning & Development/Building to Motorola, Inc., Longwood, Florida ($138,882.00).
    2. Other

    3. Award Miscellaneous Contract M-79-98/BJC, as shown on page ________, Vending and Hot Food Services, to Goodings Warehouse, Apopka (Commission of less than $10,000.00).
    4. Approve request to declare surplus and authorize the disposal of Tangible Personal Property by Public Auction.

 

Planning & Development

Administration

21. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page ________, between Seminole County and the City of Oviedo, which relates to the funding of design through construction of certain city streets: Pine Avenue extension; Artesia Avenue from Twin Oaks Boulevard to Lake Charm Drive; and Division Avenue from the southern extension to Mitchell Hammock Road to County Road 426.

 

PUBLIC SAFETY

Administration

22. Approve and authorize Chairman to execute a Certificate of Public Convenience and Necessity for non-emergency transport and a limited franchise agreement, as shown on page __________, for non-emergency transport for Central Florida Ambulance Inc.

 

PUBLIC WORKS

Engineering

23. Adopt appropriate Resolution #99-R-16, as shown on page _______, and authorize Chairman to execute Corrective County Deed, as shown on page ________, (Seminole County to the State of Florida Department of Transportation/FDOT Parcel No. 300.1R) for the purpose of constructing/improving SR 417. District 5 – McLain

24. Adopt appropriate Resolution #99-R-17, as shown on page _________, accepting Quitclaim Deed, as shown on page _________, (General Homes Corporation to Seminole County) for property (all that portion of Lakewood at the Crossings, Unit Four, lying west of Lots 28 through 32) necessary for a multi-use pedestrian trail. District 2 – Morris

 

Stormwater

25. Approve and authorize Chairman to execute Cooperative Agreement, as shown on page _________, for the Seminole County Watershed Action Volunteer (WAV) Program Coordination.

 

TOURISM DEVELOPMENT

    1. Approve and authorize Chairman to execute two (2) Agreements, as shown on page _________, between Seminole County and the City of Oviedo totaling $4,000 ($2,000 bid fee and $2,000 promotional expenses) for an amateur softball tournament to be held in August, 1999.
    2.  

      ADD-ON

      PLANNING & DEVELOPMENT

      DEVELOPMENT REVIEW

    3. Adopt appropriate Resolution #99-R-12, as shown on page _________, vacating and abandoning a portion of a utility easement located within Timacuan Phase 1 south of Paola Road and north of Timacuan Boulevard (Epoch Properties). District 2 – Morris

 

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

 

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A brief discussion ensued with regard to Item #7, Budget Amendment Request in the amount of $900,932 for Solid Waste.

Commissioner McLain advised since the last meeting, he has met with staff and learned that due to their efforts, staff was able to save more than $400,000 over their original bid to operate the landfill. The $900,932 is coming from savings that staff has been able to obtain. He expressed his thanks to staff for their good work.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Budget Amendment Resolution #99-R-14, as shown on page _________, in the amount of $900,932, Public Works – Solid Waste: Fund 40201 – Solid Waste Fund; to carry forward FY 97/98 surplus for the Solid Waste Contract Operations; surplus is due to having processed excess tonnage and having realized cost savings and the funds will be utilized for the purchase of 12 trailers and covers and 9 shuttle truck refurbishments.

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

 

COUNTY MANAGER’S BRIEFING

 

Community Information Coordinator, Mike Ertel, addressed the Board to distribute the proposed 1998 Annual Report (received & filed).

Upon inquiry by Commissioner McLain, Mr. Ertel advised the savings of approximately $80,000 over last year’s report is due to the quality of paper and by doing all work inhouse.

Commissioner McLain stated he would still like to include a schedule of meeting and committee dates in the report and preferred the calendar format used last year. He said there is a lot of text included and wonders whether citizens will take the time to read it in this format.

Commissioner Morris stated there is no point in sending a calendar out now because it is already the end of January. He said he believes the report is good. He suggested the Board take a day or two to read the report closely and submit any changes to Mr. Ertel.

Commissioner Maloy stated he believes the cost of this report should be applied to a future tax reduction.

Commissioner Morris stated this is a minimal expense in order to inform the citizens.

Chairman Henley stated he believes the report is important and would support it.

Commissioner McLain stated if some of the verbiage were edited and a schedule of BCC, P & Z and Board of Adjustment meeting dates were included in the report, it would be more in line with what he had in mind.

Commissioner Morris stated Mr. Ertel could add the schedule and bring it back to Commissioners individually for approval.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to endorse the 1998 Annual Report, and direct Mr. Ertel to edit text, include a schedule of board and committee meetings, and receive final approval of same from Commissioners individually.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

COUNTY ATTORNEY’S CONSENT AGENDA

 

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

Litigation

1. Authorization to defend in re: J. Pat McCarey, Richard W. McCarey, Robin D. Stribley, Diane D. Arnold, Jon G. Doering, and Annabelle Corporation v. The Trustees Internal Improvement Trust Fund (sic) and Seminole County.

2. Authorization to petition for certiorari to the Florida Supreme Court in re: Seminole County v. Boyle Investment Company, et al.

3. Authorization to make Offers of Judgment with regard to Seminole County v. Rybolt, et al, on Parcel Numbers 101, 103 and 104 of the Chuluota Bypass road improvement project in the following amounts:

    1. Parcel Number 101, vacant land on the north side of County Road 419, in the amount of $41,040.00, exclusive of attorney’s fees and costs. The owner is Peggy H. Rybolt. 17,893 s.f. fee parcel at $2.29 per s.f.
    2. Parcel Number 103, vacant land on the south side of Old Chuluota Road, in the amount of $45,300.00, exclusive of attorney’s fees and costs. The owners are Thomas R. and Ann H. Rybolt. 72,484 s.f. fee parcel at $.62 per s.f.
    3. Parcel Number 104, vacant land on the south side of Old Chuluota Road, in the amount of $14,400.00, exclusive of attorney’s fees and costs. The owners are William H. and Anne M. Rybolt. 30,405 s.f. fee parcel at $.47 per s.f.

4. Authorization to make Offer of Judgment with regard to Seminole County v. Murrell, et al, on Parcel Number 119, vacant land on the north side of Washington Street, of the Chuluota Bypass road improvement project, in the amount of $35,012.00, exclusive of attorney’s fees and costs. The owner is Mercerdees Murrell. 35,012 s.f. fee parcel at $1.00 per s.f.

5. Approve proposed settlement relating to Seminole County v. Meixsell, et al, for Parcel Numbers 185A/185B located at the intersection of County Road 427 and General Hutchison Parkway of the County Road 427, Phase III, road improvement project in the amount of $228,232.00 for land and severance damages, statutory attorneys fees at $46,450.67 and costs at $13,983.67 for a total settlement sum of $288,666.34. The co-owners are Mike Hattaway and Matthew Brown. 4,580 s.f. at $63.03 per s.f., inclusive of land, severance damages, attorneys fees and costs.

    1. Approval and execution of Agreement, as shown on page _________, entitled "American Liberties Institute/Seminole County Legal Services Agreement" with the American Liberties Institute.

 

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

 

CLERK’S REPORT

 

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

    1. Expenditure Approval Lists, as shown on page ________, dated December 29, 1998 and January 5, 1999; Payroll Approval List, as shown on page _______, dated January 21, 1999.
    2.  

    3. Satisfaction of Judgment/Court Costs and Application Fees for the following:
    4.  

      Roy W. Battle, Case #93002764CFB - $280 plus $43.32 interest

      Francis Bussey, Case #97001764CFA - $40 Public Defender Application Fee

      Dean E. Moon, Case #98001609CFA - $40 Public Defender Application Fee

       

    5. Satisfactions of Judgment/Public Defender Liens for the following:
    6.  

      Aaron Barckins, Case #97012294MM - $200

      Cindy (F.C.) and Rex Cox Bartholomew, Case #95002003CJA - $50

      Donald Edgar Benton, Jr., Case #97004065MM - $40

      Donald Edgar Benton, Jr., Case #97004065MM#2 - $200

      William Breitfeller, Case #93010277MM - $200

      Richard B. Browne, Case #98004269MM - $347

      Rodney Burnett, Case #97013918MM - $200

      Thomas Edwin Capps, Case #98002763CFA - $650

      Thomas Edwin Capps, Case #98006945MM - $240

      Joshua R. Carver, Case #98004718MM - $200

      Mariano Cintaro, Case #98007626MM - $100

      Marcino Lopez Cintora, Case #97001139MM - $200

      Lawshawn Denise Cohen, Case #97011489MM - $200

      Hernnado Julio Gallegos, Case #98000933MM - $200

      Gwen (B.W.) George, Case #98002366CJA - $100

      Henry Charles Gipson, Case #91000640CFA - $350

      Jerome Grant, Case #92006800MM - $100

      Scott Douglas Hallahan, Case #95001537MM - $200

      Beverly Gale Kimbrial, Case #97003553CFA - $200

      Scott Richard Kisling, Case #96003542CFA - $200

      Timothy H. Leffew, Case #98001017MM - $200

      Sergio R. Martinez, Case #97004108CFA - $200

      Maria Rivera (R.R.) Medina, Case #97003594CJA - $50

      Marcene Milien, Case #98000677CFA - $200

      Thomas Myers, Case #98003636MM - $200

      Duc Cong Nguyen, Case #87002149CFA - $325

      Lawrence P. Peyton, Case #94006957MM - $200

      Patrick James Raines, Case #97001185CFA - $200

      Clayton H. Roberts, Case #86001644CFA - $350

      David Russell Smith, Case #97002525CFA - $200

      Anthony Alexand Thomas, Case #98010497MM - $200

      Evans Thompson, Jr., Case #98006110MM - $200

      James M. Watts, Case #94000670CFA - $200

      Stephen Zegledi, Jr., Case #97010864MMVOP - $100

      Stephen Zegledi, Jr., Case #97010864MM - $200

       

    7. Destruction of Non-filmed and Filmed BCC Records, as shown on page ________.

 

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

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

1. Recorded Development Orders, as shown on page ________, for Reese J. & Fay V. Hendley and James and Lois Fulkerson (Oak Haven Adult Day Care Center).

 

    1. Waverlee Woods Exclusive Access Easement, as shown on page ________, for Riverside Landings Associates, as approved by the BCC on 10/27/98 per vacate Resolution #98-R-232.
    2.  

    3. Architectural Agreement M-78-98-BJC, as shown on page _________, Roof and HVAC Replacement with Lopatka, Murdock, Jammal and Associates.
    4.  

    5. Letters from Ginny Markley, Zoning Coordinator, to the following advising of action of the Board of Adjustment at their meeting of December 28, 1998: James & Patrice Horgan; Gerald & Susan Massa; Craig & Lynn Bailey; Frank Pizzica; Allan Goldberg; Charles A. Jaap; David & Teresa Mikeal; Ronald Davis; Father Flanagan’s Boys Home; Carl Stevens; Kerry Dreggors; Peany Schwahl; James G. Boghos; Patrick & Laura Stenstrom; Don & Linda Prewitt; James W. Spencer; H. M. Lerch; Matthew & Virginia Biegler; Angel S. Ortiz; Sandy Bierly; Eugene A. Anderson, Sr.; Michael Wayne Palmer; Richard L. Center; Tom Leonard; Patrick & Wilhelmina Moore; Patrick Moore; Michael J. Grindstaff; Barry D. Martin; Peany Schwahl; Mita Patel; Shukla Vinaykumar; Mike Purdy.
    6.  

    7. Proof of publication, as shown on page __________, regarding Notice of Tax Impact of Value Adjustment Board for Tax Year 1998.
    8.  

    9. Memorandum to Sandra McCann, Deputy Clerk, from Jerry McCollum, County Engineer, submitting the following documents, as shown on page _________: Warranty Deeds for Eric T. Schabacker and Linda Hagan McEwan and Barbara Hagan Jones relative to construction of a sidewalk along Markham Woods Road; and Warranty Deed for Bessie B. Adams relative to replacement of a culvert adjacent to Myrtle Street.
    10.  

    11. Notices of Commission Prehearing and Hearing and Amended Notice of Hearing and Prehearing from the Florida Public Service Commission relative to Docket #980435TI, Docket #981121-TP and Docket #990001-EI.
    12.  

    13. Award of Law Enforcement Block Grant Program, as shown on page ________, as approved by the BCC on July 14, 1998.
    14.  

    15. Letter from Lonnie Groot, Deputy County Attorney, to Attorney J.A. Jurgens, relative to Public Records Request, Astor Farms.
    16.  

    17. Schedule #100 to Master Lease Agreement, as shown on page ________, dated February 24, 1998, with MLC Group, Inc.
    18.  

    19. Notices of Satisfactions of Connections Fees, as shown on page _________, for the following projects: Canterbury Cove; Oakmonte Apartments f/k/a L&L Acres; Lockwood Middle School "CC"; and Tuskawilla United Methodist Church.
    20.  

    21. Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service for the following: ZOM Development (Shadow Creek Apartments); Westlake Manor Partners, Inc. (Westlake Estates Subdivision); Westlake Manor Partners (Westlake Colony); Lakeview Club Ltd. (Lakeview Club Apartments); Fleet Financial Center, Inc. (Fleet Financial Center); and M&O Limited Partnership (South Park Business Center).
    22.  

    23. Customer Agreement, as shown on page ________, for Reclaimed Water Rates with Meredith Corp. for the project known as WOFL TV.
    24.  

    25. Acceptance Letter and Bill of Sale, as shown on page __________ (Paradise Lake Forest) for water and sewer systems within the project known as Publix - Lake Forest.
    26.  

    27. Conditional Utility Agreements, as shown on page _________, for water and sewer systems with Remark Development, Inc., for the project known as Chase Property.
    28.  

    29. Acceptance Letter, Warranty Deed, and Bills of Sale, as shown on page _________, (Laurel Homes and Arbor Properties) for water and sewer systems, lift station and roads for the project known as Chase Groves 4B and Unit 2.
    30.  

    31. Acceptance Letter and Bill of Sale, as shown on page _________, (Piney Creek Associates) for water and sewer systems and roads for the project known as Tuska Ridge Unit 7.
    32.  

    33. List of the following Documents, as shown on page _________, submitted into the Record from the County Attorney’s office relative to CR 46A, Phase II: Title Insurance Policies for Parcel Numbers 101, 103, 111, 116, 117, 118, 119, 120, 125, 132, 139, 142, 157, 166, 167, 169, 174, 175, 176, 177, 178, 179, 180, 194/195/196, Warranty Deeds for Halsey & Judith Piercy (Parcel 103) and Centrex Corp.; Temporary Construction Easement for Centrex Corp.; Partial Release of Mortgage for Ernest and Patricia Southward; Warranty Deed, Temporary Construction Easement and Permanent Slope Easement for Theodore & Nancy Williams; Partial Release of Mortgage, Warranty Deed, and Temporary Construction Easement for Stanley & Peggy Harrelson; and Warranty Deed for Jose and Nidia Alameda.
    34.  

    35. List of the following Documents, as shown on page _________, submitted into the Record from the County Attorney’s office relative to CR 427, Phase VI: Title Insurance Policy for Parcel 104; Warranty Deed for Angele C. Bowen; Title Insurance Policy for Parcel 105A/105B; Warranty and Special Warranty Deeds for Victory Baptist Church of Sanford; Title Insurance Policies for Parcels #110 and 111; Warranty Deed for Eugene Williams and Janice Tedrow; Title Insurance Policy and Quit-Claim Deed for Parcel 116, Walter and Evelyn Britton; Title Insurance Policy and Warranty Deed for Parcel 118, Frank and Audrey Leist; Title Insurance Policy, Warranty Deed and Special Warranty Deed for Parcel #120, Roy Sweat; Title Insurance Policy and Warranty Deed for Parcel 121, Ruth G. Lane; Title Insurance Policy for Parcel 122, Betty Lang Fogle; Title Insurance Policy and Warranty Deed for Parcel #123, Ronald Roy Blackburn; Title Insurance Policy and Warranty Deed for Parcel #124, Richard Keith & Christina Frost; Title Insurance Policy and Warranty Deed for Parcel #125, Karol O. Stairs, II; Title Insurance Policy and Warranty Deed for Parcel #126, Miguel & Migna Serrano; Satisfaction of Mortgage by Norwest Mortgage, Inc.; Title Insurance Policy and Warranty Deed for Parcel #127, Earl M. Smith, Jr. and Dorothy Smith; Title Insurance Policy and Warranty Deed for Parcel #128, Harry & Eerlean Steinmeyer; Title Insurance Policy, Warranty Deed and Temporary Construction Easement for Parcel #129 and #729, Gary Smith; Title Insurance Policy, Warranty Deed and Temporary Construction Easement for Parcel #130 and 730, Desma Louise Nolan; Warranty Deed, Satisfaction of Mortgage and Temporary Construction Easement for Parcel #131, Fertakis Construction Co.; Title Insurance Policy, Warranty Deed and Temporary Construction Easement for Parcel #132/732, Robert & Edith Bradbury; and Title Insurance Policy and Warranty Deed for Parcel #133, Irene Westbrook.
    36.  

    37. Bids as follows: B/D-226, B/D-227 and RFP-456.

 

OTHER CONSTITUTIONAL OFFICERS’ REPORTS

 

Sheriff’s Office

 

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

1. Approve and authorize expenditure in the amount of $6,195 from the Law Enforcement Trust Fund for printing costs for the Crime Prevention and Safety Handbooks.

2. Approve and authorize expenditure in the amount of $1,000 from the Law Enforcement Trust Fund to help sponsor the National Conference on Preventing Crime in the Black Community.

3. Approve and authorize expenditure in the amount of $6,000 from the Law Enforcement Trust Fund to provide funds for "Project Graduation" to six Seminole County high schools.

4. Approve and authorize expenditure in the amount of $4,700 from the Law Enforcement Trust Fund for the purchase of a laptop computer and a LCD computer projection panel for use by the Sheriff’s Office Crime Analysis Unit.

 

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

DEPARTMENTAL REPORTS

COMMUNITY SERVICES

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize County Staff to negotiate a fee for service contract for full Medical Examiner Services with Voluisa County Government, Office of Medical Examiner, District 7.

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

PLANNING & DEVELOPMENT/COMPREHENSIVE PLANNING

Comprehensive Planning Manager, Colleen Rotella, addressed the Board to advise staff is in receipt of a letter from the Office of Greenways and Trails and the State with regard to the acquisition of the 87 acre piece of property owned by the Diocese of Orlando located along the Wekiva River. She said the State is asking the County to manage the site as part of their greenways and trails system. She distributed a booklet on the Wekiva River Frontage Properties (copy was received & filed) and displayed a map depicting the four parcels for proposed acquisition along the River. She reviewed each parcel, advising Parcel #1 is the 87 acre site owned by the Diocese of Orlando; Parcel #2 is a 20 acre site which has 600 feet fronting the river, the property is already cleared; Parcel #3 is a 35 acre site; and Parcel #4 consists of 109 acres.

Commissioner McLain stated he believes it is important to acquire property along the Wekiva River; therefore, he would support staff working with the State to acquire all four parcels.

Motion by Commissioner McLain, seconded by Commissioner Maloy to direct staff to proceed and develop a purchase plan and to work with the State of Florida in acquiring all four parcels, with staff to report back to the Board as soon as possible; and to advise the State that the County is interested in managing Parcel #1.

Under discussion, Commissioner Maloy stated the program is winding down and there are other properties in other parts of the County which need to be explored as well. He added that he is in favor of pursuing these properties.

Commissioners McLain and Maloy clarified the motion that staff will expedite Parcels #1 and #2.

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

- - -

Commissioner Maloy advised he received a call from a constituent who suggested having access to rivers off bridge easements. He stated he believes the County should look at improving the launching facilities at the bridges. Whereupon, the Board voiced no objections to same, and directed staff to report back on the cost for same.

Commissioner Morris stated it is one thing to have launches for people who own their own canoes, but most people do not own canoes and need to rent them. He said he would like to have access for those people who want to rent canoes. Whereupon, Ms. Rotella advised she will come back to the Board with an overview of canoe rentals.

COUNTY MANAGER’S REPORT, CONTINUED (ADD-ONS)

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to confirm the appointment of Robert G. Adolphe, P.E., as Director of Environmental Services at a salary of $78,000, effective Monday, March 1, 1999.

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

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DCM, Cindy Coto, presented request for agreements with the University of Central Florida, Orange County and the City of Orlando with respect to the provision of wastewater and reclaimed water services to UCF. She stated that four issues have changed from the agenda item presented to the Board on January 12, 1999. She advised the UCF Agreement provides the following: (1) UCF with raw wastewater capacity of 1 MGD by January 1, 2000. Capacity charges for the initial 1 MGD has been negotiated at $2.2 million. UCF is responsible for design and construction of the temporary connection to the existing County force main on McCulloch Road and is responsible for the construction of the wastewater pumping facility, as well as all on-site infrastructure; (2) UCF may reserve and purchase additional capacity in 100,000 GPD increments in excess of the initial 1 MGD for a total aggregate of 2 MGD. UCF must reserve and purchase said capacity by December 31, 2005, to be purchased at the rate of $5.00 per gallon; (3) Provides UCF with an initital 1 MGD of reclaimed water by August 1, 2000 at the County’s user fee of 45 cents per 1,000 gallons; and (4) UCF to provide to the County a four-acre parcel for construction of the reclaimed water facility capable of providing reclaimed water to UCF, City of Oviedo and unincorporated Seminole County. She advised that under the City of Orlando Agreement reclaimed water will be provided at no charge to the County for the initial 10-year period. At the completion of the ten years, the County will perform an analysis of costs versus revenue and if revenues are greater than the cost, then Orlando shall receive 50% of the excess revenues. Any monies received by Orlando will be credited against the Iron Bridge Facility operating budget and will be reflected in the calculation of their wholesale rate.

At the request of the Board, Ms. Coto responded to the letter received from the City of Oviedo, dated January 25, 1999, opposing the agreement with UCF. Copy of letter was received and filed. She stated that the County has requested the City provide an update to their capacity needs. She also stated the County has had discussions with the City of Orlando with respect to their planned expansion for the Iron Bridge facility and it is staff’s understanding that it is within the conceptual stage and will go into the design stage within the next three to five years. She said she disagrees with the statement by the City that the additional treatment/disposal capacity for growth will cost considerably more than the current $7.00 per gallon, and believes it will cost much less. She further advised that, upon researching the records, she has not found a condition placed on the Special Exception, granted in 1977 for the Iron Bridge facility, that capacity was only for those cities within Seminole County. With respect to a capacity charge of less than $5.00 for the Oviedo area, she said staff’s answer has been that it is probably unlikely unless they could provide some of the same benefits that UFC is offering the County. She said, however, that staff did not close the door on discussions with the City. She explained that the UCF project is funded by PECO funds and a commitment must be made by the end of January or they will lose all available funding, so it is imperative that a decision be made at this meeting. She added that the County cannot provide an answer to the City with regard to their capacity needs until they are able to provide the County with what their needs are.

Chairman Tom Hagood, Jr., City of Oviedo, addressed the Board to discuss with the Board the results of the City’s work session held last night. He expressed the City’s concern with being able to receive capacity for their area. He said the City has been working on its reuse program since 1993 and is concerned that the capacity being given to UCF will severely impact their program.

Commissioner Van Der Weide questioned if there is some way to address the City’s concern relative to their downtown community which is in need of reasonable rates. Whereupon, Ms. Coto stated staff usually negotiates those rates and they look at what capital cost the municipality would absorb.

Commissioner Morris stated he believes the proposed agreements are good ones, which were made better by the efforts of Chairman Henley.

Discussion ensued between Commissioner Morris and Chairman Hagood with respect to the terms of the agreements and the benefits of same to both the County and the City.

Chairman Henley stated it is the Board’s desire to have complete, open communication with the City. He said the County will work with the City and is sensitive to their needs.

Commissioner Van Der Weide stated he is prepared to make a motion to approve the agreements. However, he would like the staff to address every concern made by the City of Oviedo, including the one for the downtown need, with a report to be brought back under a County Manager’s Briefing. The Board voiced no objections to same.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize the Chairman to execute Agreements, as shown on page _______, with the University of Central Florida, Orange County and City of Orlando with respect to the provision of wastewater and reclaimed water service to the University of Central Florida.

Under discussion, Commissioner Maloy stated this item was continued for two weeks in order to address the City’s concerns; and apparently there was not a good job done of communicating the details of the agreement. He said he believes the deal has been improved, but there are still a lot of unanswered questions.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Bill Merck, Vice President of Administration and Finance for UCF, addressed the Board to express the college’s appreciation for approving the agreement. He extended an invitation for the Board to hold one of their County meetings at the campus, and for the City of Oviedo to hold one of their meetings as well.

OFFICIAL MINUTES

Motion by Commissioner Morris, seconded by Commissioner McLain to approve the Official Minutes dated January 12, 1999.

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

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The Board, thereupon, recessed at 11:30 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Commissioner Morris being late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

AWARDS & PRESENTATIONS

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-11, as shown on page _________, commending Marvin Van Wormer for his twenty-four plus years of employment with Seminole County, upon retirement.

Districts 1, 3, 4 and 5 voted AYE.

The Board presented the Resolution to Mr. Van Wormer and Gary Kaiser, County Manager, expressed his appreciation.

PROOFS OF PUBLICATION

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize filing the proofs of publication for this meeting's scheduled public hearings.

Districts 1, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

REZONE/Michael Calhoun/Continued

Continuation of a public hearing to consider request to Rezone from R-1AA (Single-Family Residential) to R-1A (Single-Family Residential); property located on the east side of Brantley Drive and southwest of Wekiva Springs Road, as described in the proof of publication, Michael Calhoun.

John Dwyer, Current Planning Manager, addressed the Board to advise this item was continued from the January 12, 1999 hearing in order to give the applicant an opportunity to address the minimum house size. He stated he submitted to the Board a copy of an analysis (received and filed) from the Property Appraiser’s office showing the square footage of the living area of the surrounding lots. The average square footage in the Cutler Cove area is 2,027 square feet for each house. He stated the residents in opposition have suggested that the applicant commit to a 2,000 square foot house size. Mr. Dwyer added staff has no objections to the rezoning request.

Commissioner Morris entered the meeting at 1:40 p.m.

Michael Calhoun, applicant, addressed the Board to state he originally bought this property to build his personal home and he ended up finding a home in Sweetwater. He stated if he could get a 75 ft. wide lot, which the R-1A would allow, he could have two lots. He said he would like to fit two houses on the ˝ acre lot.

Upon inquiry by Commissioner Van Der Weide, Mr. Calhoun advised he would agree not building a home under 1300 square feet. Discussion ensued between Commissioner Van Der Weide, Mr. Calhoun, and Mr. Dwyer relative to the square footage.

Upon inquiry by Commissioner McLain, Mr. Calhoun advised he does not have a problem with 1500 square foot homes. He stated chances are he may be building a 1300 square foot home.

Upon further inquiry by Commissioner McLain, Mr. Calhoun advised he believes 1500 square feet would be acceptable.

Mr. Calhoun stated there are two houses on the block that are zoned R-1AA and they do not mind his request. He stated he has signatures from those residents indicating that they are not in opposition to the request.

Yvonne Weaver, 917 Brantley Drive, addressed the Board to review the line on the map that crosses the road, the brick wall, and the fence along the east and west side of Brantley Drive. She pointed out that everything to the south is zoned R-1AA. She discussed the issue of Mr. Calhoun having to give up part of his front lot if the street is paved, the request not being compatible with the adjacent zoning, the houses would have to be 2,000 square feet in order for the request to be compatible with the area, and there is not enough square footage for divided lots. She stated if the lot is divided, she would request the neighbors be notified of any subdivision plans before they are done. She added she would request that the house square footage be no less than 2,000 square feet.

Commissioner Maloy stated he would like to know if staff evaluated the reapplication process that this property could be split into two lots.

Mr. Dwyer stated there has been discussion on this issue and that will be discussed further during the subdivision platting process.

Upon inquiry by Commissioner McLain, Mr. Dwyer advised staff still concurs with the original recommendations, especially with the commitment of a 1500 square foot home.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #99-1, as shown on page _______, to rezone from R-1AA (Single-Family Residential) to R-1A (Single-Family Residential); property located on the east side of Brantley Drive and southwest of Wekiva Springs Road, as described in the proof of publication, Michael Calhoun, based on staff recommendations and the applicant agreeing to build nothing less than 1500 square feet, and approval of Development Order, as shown on page ________.

Under discussion and inquiry by Commissioner Maloy, Commissioner Van Der Weide advised the motion includes notifying the area residents of the subdivision plat if the applicant ends up splitting the property.

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

APPEAL AGAINST BOA

AV Liquor 1000, Inc.

 

Proofs of publication, as shown on page _______, calling for a public hearing to consider request for an Appeal against the Board of Adjustment in denying a Special Exception to permit an Alcoholic Beverage Establishment for off-premise consumption (a package store); property located at the southeast corner of Lake Mary Boulevard and Greenwood Boulevard in the Lake Mary Village Plaza, AV Liquor 2000, Inc., received and filed.

Ginny Markley, Zoning Coordinator, addressed the Board to advise in 1991 the Board of Adjustment (BOA) denied a request by Candlelight Liquor for a Special Exception based on inadequate coverage, danger to traffic and children, the ingress and egress, and they did not like it in the area. The applicant appealed the BOA’s decision and the BCC approved the Special Exception in 1991. Candlelight Liquor is no longer located in the shopping center. She reviewed the standards for granting a special exception as outlined in the agenda memorandum. She stated the BOA denied the request based on the establishment being detrimental to the character of the area or neighborhood and being inconsistent with the trends of the development in the neighborhood. She added based on staff analysis, staff recommends the following: (1) An alcoholic beverage establishment for off-premise consumption would not be detrimental to the character of the area or neighborhood and would be consistent with the trends of development in the neighborhood. The alcoholic beverage establishment would be located in a retail shopping center that was approved as part of a PUD, Planned Unit Development. The trend of development along Lake Mary Blvd. is for non-residential uses such as shopping centers, restaurants, banks and other retail commercial establishments. The BOA approved a Special Exception for the Albertson’s package store located in the Lake Mary Centre; (2) The proposed alcoholic beverage establishment would not have an unduly adverse affect on existing traffic patterns, movements or intensity. This site has obtained PUD Master Plan approval for retail commercial type uses and the access was approved with the site plan for the shopping center. Alcoholic beverage establishments do not generate more traffic than a typical retail commercial use that would locate within a shopping center; and (3) The Land Use designation on the County’s Comprehensive Plan is Planned Development and an alcoholic beverage establishment within a planned shopping center would be consistent with the Plan. Therefore, staff recommends approval of the Special Exception.

Upon inquiry by Commissioner Maloy, Ms. Markley advised there were no problems with the previous establishment.

Vinaykumar and Alka Shukla, appellants, 2884 Forest Edge Drive, Deltona, addressed the Board to state the surrounding businesses in the area do not have a problem with their business coming in. A letter from GMH Management, Inc. was received and filed.

Upon inquiry by Commissioner Morris, Mr. Shukla advised he has already spent $45,000 on the establishment.

Ms. Shukla read into the Record letters (received and filed) with several signatures indicating that they do not have any objections to the request. A letter from Mr. Shukla relative to granting permission for the establishment was received and filed.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to overturn the Board of Adjustment, thereby, granting a Special Exception to permit an Alcoholic Beverage Establishment for off-premise consumption (a package store); property located at the southeast corner of Lake Mary Boulevard and Greenwood Boulevard in the Lake Mary Village Plaza, as described in the proof of publication, AV Liquor 2000, Inc.

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

 

APPEAL AGAINST BOARD OF ADJUSTMENT/

3-B Beverage, Inc./Barry Martin

 

Proofs of publication, as shown on page _______, calling for a public hearing to consider request for an Appeal against the Board of Adjustment in denying a Special Exception to permit an Alcoholic Beverage Establishment for off-premise consumption (a package store) in the new Publix Shopping Center; property located at the northwest corner of SR46 and Lake Forest Blvd., approximately ˝ mile west of Interstate 4, 3-B Beverage, Inc./Barry Martin, received and filed.

Ms. Markley reviewed the standards for granting a Special Exception as outlined in the agenda memorandum. She stated based on staff analysis, staff recommends the following: (1) An alcoholic beverage establishment for off-premise consumption (package store) would not be detrimental to the character of the area or neighborhood and would be consistent with the trends of development in the neighborhood. The alcoholic beverage establishment would be located in a retail shopping center that was approved as part of a PUD, Planned Unit Development. The trend of development along SR 46 is for non-residential uses such as plant nurseries, automobile sales facilities, convenience stores with gasoline pumps and other retail commercial establishments; (2) The proposed alcoholic beverage establishment would not have an unduly adverse affect on existing traffic patterns, movements or intensity. This site has obtained PUD Master Plan approval for retail commercial type uses and the access was approved with the site plan for the shopping center. Alcoholic beverage establishments do not generate more traffic than a typical retail commercial use located within a shopping center; and, (3) The Land Use designation on the County’s Comprehensive Plan is Planned Development and an alcoholic beverage establishment within a planned shopping center would be consistent with the County’s Plan. Therefore, staff recommends approval of the request.

Commissioner McLain stated in this particular case, he noticed that a member of the BOA thought it was a moral issue to serve alcohol in package stores and there are too many of them in Seminole County. He stated there are times when he doesn’t personally agree with things, but the Board has to follow the proper procedure and findings of fact.

Upon inquiry by Commissioner McLain, Robert McMillan, County Attorney, stated staff has indicated the criteria that applies in order to grant a Special Exception. He stated if the applicant meets the code criteria, they are entitled to a Special Exception.

Commissioner McLain stated his concern is many times the citizens come before these Boards to ask for rulings and in certain cases they have to come back to this Board when they don’t have to. He stated he would like the County Attorney to schedule a work session with the BOA to review the proper procedures in making a decision.

Mr. McMillan stated he will get together with the Land Development staff to see if that is a feasible alternative. He stated it might be more effective if new appointees were given an orientation.

Ms. Markley stated staff does give them an orientation. She stated staff lays out the criteria for granting Special Exceptions and in some cases they are ignored.

Sid Vihlen, Jr., representing the applicant, addressed the Board to introduce Barry Martin, who is the principal of the company. He stated the businesses in the shopping center do support this establishment and he is ready, willing and able to open his business. This location will be the only package store in the entire vicinity. He added he feels there is a philosophical problem by the majority of the BOA against alcoholic establishments. He pointed out that Mr. Martin had to pay $370 for fees and he has delayed his business.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to overturn the Board of Adjustment’s decision, thereby granting a Special Exception to permit an Alcoholic Beverage Establishment for off-premise consumption (a package store) in the new Publix Shopping Center; property located at the northwest corner of SR46 and Lake Forest Blvd., approximately ˝ mile west of Interstate 4, as described in the proof of publication, 3-B Beverage, Inc./Barry Martin.

Under discussion, Commissioner Morris stated he had conversations with the applicant on this issue. He stated he feels it would be appropriate to refund the application fees, less advertising costs, to the applicant, including the previous applicant’s fees.

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

- - -

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize refunding the application fees, less the advertising fees, for AV Liquor 2000, Inc. and 3-B Beverage, Inc./Barry Martin BOA appeals.

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

NOTICE OF PROPOSED CHANGE/HEATHROW TOWN CENTER DRI/Continued

Continuation of a public hearing to consider Amendment to the Development Order for the Heathrow Center DRI; property located at the northwest corner of Interstate 4 and CR 46-A, as described in the proof of publication, Colonial Realty Limited Partnership.

Matt West, Principal Planner, addressed the Board to state the Heathrow International Business Center DRI amendment is associated with this request and a decision will not be made until March. He stated issues were raised in the December memorandum concerning the traffic impact study and the scope of changes. He said staff is requesting that this issue be postponed until March 23, 1999, as the zoning issues and everything else associated with this will be completed at that time.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue until March 23, 1999 consideration of an Amendment to the Development Order for the Heathrow Center DRI; property located at the northwest corner of Interstate 4 and CR 46-A, Colonial Realty Limited Partnership.

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

LAND DEVELOPMENT ISSUES

DEVELOPMENT REVIEW

Sylvia Smith, Senior Planner, addressed the Board to advise the Orlando Lake Forest Joint Venture is requesting approval of the Lake Forest Section 9A and 9B Preliminary Subdivision Plan; located on the north side of SR 46, west of I-4 within the Lake Forest PUD. She stated staff recommends approval of the request.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve the Preliminary Subdivision Plan for Lake Forest Section 9A and 9B, Orlando Lake Forest Joint Venture.

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

CHAIRMAN’S REPORT

Chairman Henley informed the Board that the School Board has chosen School Board Chairman Larry Furlong as their liaison to the BCC. A copy of the letter informing the BCC of same was received and filed.

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Chairman Henley stated the Supervisor of Elections has informed him that the Board must make an appointment to the Canvassing Board for the 2/9/99 special election. Chairman Henley appointed Commissioner Maloy to the Canvassing Board, with Commissioners Van Der Weide and Morris to serve as alternates if needed.

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Chairman Henley stated Representative Stan Bainter contacted him relative to an appointment to the St. Johns River Water Management District Board. He stated he received a letter from Ken Wright, Shutts & Bowen, relative to the procedure. He added he received a memo (received and filed) from Beverly Hughes Evans expressing an interest to serve on this committee.

Commissioner Morris stated it is appropriate for each Board member to submit names to that Board and that would be his recommendation.

Chairman Henley stated four individuals expressed an interest to serve on this committee and he will be happy to submit any names that have been submitted to him.

The Board agreed that they will individually forward names to the District and will copy other commissioners as an information item.

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Chairman Henley stated he had a visit from Mr. Bafalis and former Congressman Lou Frey and they expressed interest in representing the County as a lobbyist to Congress in Washington, D.C. The name of the firm is Alcade and Fay. He said he was impressed with their desire to serve and the experience of this firm. He asked if this Board is interested in this firm or would they like to submit an RFP.

Commissioner Morris stated about two years ago some of the Board members were impressed with their very good record. He questioned if the Chairman has a strong feeling in doing something like this, does he want to look at this issue during the next budget process.

Chairman Henley stated if the Board doesn’t have representation up there, things won’t happen. Since the County doesn’t have an assigned person there to trace things, then they may be losing out on some opportunities.

Commissioner Van Der Weide stated he feels that this should be done during the budget process and the Board needs to go through an RFP process.

Commissioner McLain stated he also met with Mr. Bafalis and he expressed the concerns that Commissioner Morris had. He stated he was assured that they could work well with the Congressman and they had no objections to their representation. He said he feels it is important that the County have eyes and ears in Washington to try to find ways to save tax dollars. He added he would support moving forward in the direction the Chairman feels comfortable with and he doesn’t see waiting until next year to do this. He stated he feels it is important to move forward in a more expeditious manner.

Commissioner Morris stated he would like to move forward with Commissioner Van Der Weide’s suggestion of moving forward now based on the need or going through the budget process, but it is up to the Chairman.

Chairman Henley stated he feels that a lobbyist in Washington would be more valuable than having one in Tallahassee. He said he feels the Board needs to continue to monitor the lobbyist they presently have to make sure they are getting their money’s worth. He added he doesn’t think that they should wait until the next budget year as the County may be eligible for a lot of the appropriated money. He stated the Board can refer this issue to staff and perhaps that they can come back with a recommendation or procedure.

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Motion by Commissioner Morris, seconded by Commissioner McLain to appoint/reappoint the following:

Animal Control Board – Bill Shaffer, Dr. Joseph Vaughn and Jeff Cashatt

Law Library – Thomas C. Green for a 3-yr. Term

 

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

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to appoint Polly Miller, Richard Harris and Jack Lemmon to the Orlando Urban Area Transportation Study Citizens Advisory Board.

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

COMMUNICATIONS AND/OR REPORTS

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

1. Letter dated 1/11/99 to Chairman from Eugene Williford, City Manager-Oviedo re: Water Service Agreement. (cc: BCC, CM, City Council)

 

  1. Letter dated 1/14/99 to Chairman from Charles Sweat, Vice President-Fla. Water Services re: Proposed Territory Amendment. (cc: BCC, Dick Harris-Chairman LPA, Planning & Dev. Director)
  2.  

  3. Copy of letter dated 1/13/99 to Francis Chandler from Michael Towers, CEO-Fleet Financial Corp re: Building Official Replacement. (cc: BCC, CM, DCM, Building Official)
  4.  

  5. Copy of letter dated 1/12/99 to Governor Bush from Paul Spellman re: Transportation needs in Central Fla. (cc: BCC, CM, DCM, Public Works-Admin., Planning & Dev. Admin, Congressman Mica, Nancy Houston-FDOT District V, Senator Toni Jennings, Chairman Mel Martinez-Orange County, Councilman Rick Baldocchi-Maitland, Commissioner Marchman-Winter Park, Tom Moses-Director Reedy Creek Improvement District)
  6.  

  7. Letter dated 1/10/99 to Chairman from Dr. Jane Polkowski, Director, Sem. Co. Health Dept. re: Healthy Kids. (cc: BCC, CM, DCM, Bert Bertram)
  8.  

  9. Agenda for Oviedo City Council meeting 1/19/99.
  10.  

  11. Letter dated 1/12/99 to BCC from Janet Dougherty, City Clerk-Sanford transmitting proof of publication for Ordinance #3456. (cc: Current Planning, Property Appraiser)
  12.  

  13. Copy of letter dated 1/12/99 to Dr. Quentin Green, M.D. (with attached letter dated 12/21/98 to Timothy Askew, Hutchinson, Mamele & Coover from John Dwyer and letter dated 12/11/98 from Timothy Askew to John Dwyer) from Lonnie Groot, Deputy Co. Attorney re: Big Oaks Ranch-Interpretation of Land Use Rights. (cc: BCC, DCM, Planning & Dev. Director, Current Planning Manager, Assistant Co. Attorney)
  14.  

  15. Memorandum dated 11/13/99 to Chairman from Bob Briggs, Acting Environmental Services Director re: Additional Information for UCF proposal. (cc: BCC, CM, DCM)
  16.  

  17. Letter dated 1/12/99 to County Manager (with attached map and legal description) from Janet Dougherty, City Clerk-Sanford transmitting copy of Ordinance #3456 (annexation of property). (cc: Current Planning, Property Appraiser)
  18.  

  19. Agenda for Legislative Delegation meeting 1/14/99 (with attached membership roster). (cc: BCC, CM, DCM, Co. Attorney)
  20.  

  21. Letter dated 1/11/99 to Chairman from Charles Lee, Vice President-Fla. Audubon Society, Keith Schue, Wekiva Issue Chair-Sierra Club of Central Fla., San Kendall, Secretary-Sem. Co. Audubon Society and Fred Harden, President-Friends of the Wekiva re: Objection to modifying the Wekiva River Protection Act. (cc: BCC, Co. Attorney, Comp. Planning Manager, Sem. Co. Legislative Delegation)
  22.  

  23. Notice and agenda for Sem. Co. Port Authority meeting 1/11/99.
  24.  

  25. Memorandum dated 1/11/99 to Local Government/Agency Leaders in Sem. Co. from Nancy Christman, Intergovernmental Coordinator-St. Johns River Management District re: Upcoming meeting on 1/27/99 and summary of 12/2/98 meeting.
  26.  

  27. Copy of letter dated 1/11/99 to Kevin Fall, Principal Planner-Comp. Planning from Ronald A. and Denise B. Smith re: Chuluota Small Area Study. (cc: BCC, Co. Attorney
  28.  

  29. Notice of Lake Mary Local Planning Agency meeting to be held 1/20/99. (cc: BCC, CM, Comp. Planning)
  30.  

  31. Letter dated 1/11/99 to Chairman (with attached background information) from Darrell Kelley, President-Economic Development Commission of Mid-Fla. re: Information on upcoming trade mission to Spain. (cc: BCC, CM, DCM)
  32.  

  33. Letter dated 1/8/99 to Chairman (with attachment) from Darrell Kelley, President-Economic Development Commission of Mid-Fla. re: EDC’s activity report for December, 1998. (cc: BCC, CM, DCM, EDC)
  34.  

  35. Letter dated 1/4/99 to Chairman (with attachment) from Randy Johnson, President, Central Fla. Sports Authority and Jason Weeks, Sem. Co. Sports Marketing re: Upcoming sports events. (cc: BCC, Tourist Dev., EDC)
  36.  

  37. Memorandum dated 1/11/99 to BCC, Frances Chandler, Lonnie Groot from Allan Keen, Keewin Investments re: Astor Farms Plan. (cc: Kenneth Wright, Esquire, Hugh Harling)
  38.  

  39. Memorandum dated 1/11/99 to BCC, County Manager, Deputy County Manager, County Attorney (with attachments) from James Marino, P.E., Public Works Director re: Holliday Avenue.

 

22. E-mail dated 1/25/99 to BCC from Kathleen Mellor re: Chuluota Small Area Study. (cc: CM, DCM, Comp. Planning)

 

23. E-mail dated 1/25/99 to Commissioners Henley & Morris from Dan Stoppenbach re: CRG Project. (cc: BCC, CM, DCM, Comp. Planning)

 

24. E-mail dated 1/25/99 to BCC from Oran & Doris Bush re: Wekiva River over-development. (cc: CM, DCM, Comp. Planning)

 

25. Facsimile dated 1/24/99 to BCC from Loretta Butler re: Innswood Homeowners’ Association opposition to Beth El preschool. (cc: CM, DCM, Current Planning)

 

26. Facsimile dated 1/25/99 to BCC from Rev. Kenneth R. Schnipke, Pastor, Nativity Catholic Church re: Support of Beth El preschool. (CM, DCM, Current Planning)

 

27. Letter dated 1/20/99 to Chairman from Kenneth Wright, Shutts & Bowen re: St. Johns River Water Management District Appointments. (cc: BCC, CM, Governor Bush, Karen Unger-Director of Appointments, Henry Dean-Executive Director SJRWMD)

 

28. Copy of letter dated 1/15/99 to John Blackwood, Emergency Management Coordinator from Eve Rainey, Bureau Chief-Dept of Community Affairs re: Notification of Comprehensive Emergency Management Plan compliance criteria. (cc: BCC, CM, DCM, Teri Hunalp-RPC Representative, Shirley Collins, Craig Fugate, Lee Newsome-Area Coordinator, Cicero Hartsfield-Team Leader)

 

29. Memorandum dated 1/22/99 (with attached order) to BCC from Lonnie Groot, Deputy Co. Attorney re: Nightspot Inc. v. Town of Jupiter. (cc: CM, DCM, Planning & Dev. Director)

 

30. Notice of 1/25/99 City of Oviedo Work Session.

 

31. Facsimile dated 1/24/99 to Chairman from Carl Anglesea re: Opposition to growth in east Seminole County. (cc: BCC, CM, DCM, Comp. Planning)

 

32. Facsimile dated 1/22/99 to Chairman from Anne L. & Jay Smith re: Land Use changes in the Chuluota area. (cc: BCC, CM, DCM, Comp. Planning)

 

33. Facsimile dated 1/24/99 to BCC from C. Platt re: Opposition to changing Wekiva River Protection Act. (cc: CM, DCM, Comp. Planning)

 

34. E-mail dated 1/22/99 to BCC from Pampered Chef re: Opposition to growth in Chuluota area. (CM, DCM, Comp. Planning)

 

35. E-mail dated 1/24/99 to BCC from David Cobb re: Opposition to growth in the Wekiva River Protection Area. (cc: CM, DCM, Comp. Planning)

 

36. E-mail dated 1/24/99 to BCC from Deidre Boleman re: Wilderness vs. commercial development. (cc: CM, DCM, Comp. Planning)

 

37. E-mail dated 1/24/99 to BCC from Kathleen Murphy re: East Rural Plan. (cc: CM, DCM, Comp. Planning)

 

38. E-mail dated 1/25/99 to BCC from Bert & Jewel Tieben re: Chuluota Small Area study. (cc: CM, DCM, Comp. Planning)

 

39. Facsimile dated 1/20/99 to BCC from Gene & Shirley Weldon re: Commercial growth in the East Rural Area. (cc: CM, DCM, Comp. Planning)

 

40. Facsimile dated 1/21/99 to Chairman from Susan Kairys-Courech, Econ River Issue Co-Chair re: Opposition to growth in Chuluota area. (cc: BCC, CM, DCM, Comp. Planning)

 

41. Memorandum dated 1/22/99 to BCC from Suzy Goldman, Library & Leisure Services Director re: Information requested from Commissioner Maloy. (cc: CM, DCM, Park & Recreation Manager)

 

42. Copy of letter dated 1/20/99 to Irene Morrissee, Joycelyn Hazard, and Cheryl Ingalls from Suzy Goldman, Library & Leisure Services Director re: Appreciation for recent donations. (cc: BCC)

 

43. Minutes of 12/10/98 Tourist Development Council meeting.

 

44. Memorandum dated 1/22/99 (with attached ordinance) to BCC from Lonnie Groot, Deputy Co. Attorney re: Casselberry Ordinance relating to nudity & alcohol sales. (cc: CM, DCM, Planning & Dev. Director, Andy Brumby, Rick Nelson)

 

45. Memorandum dated 1/22/99 (with attached) to BCC from Lonnie Groot, Deputy Co. Attorney re: Transportation and Land Use Study Committee. (cc: CM, DCM, Planning & Dev. Director, Co. Engineer)

 

46. Facsimile dated 1/21/99 to BCC from Civic Association of West Lake Brantley re: Request to pave. (cc: Public Works, Roads, CM, DCM)

 

47. Copy of letter dated 1/19/98 to County Manager from Christine Russell, Fla. Water Services re: Request to be placed on 1/26/99 agenda. (cc: Chairman, Charles Sweat-Fla. Water Services, BCC)

 

48. Letter to Neighbor from Board of Directors, Congregation Beth El, Fred Nanus, President, and Dr. Moshe Elbaz, Rabbi, re: Explanation of organization and plans. (cc: BCC)

 

49. Agenda for 1/26/99 Seminole County Public School meeting.

 

50. Letter dated 1/19/99 to Chairman from Douglas Fetzer, Seminole Herald, re: Request to publish 1999 Tax Delinquent Lists. (cc: BCC, Tax Collector, CM, Co. Attorney, Fiscal Services Director)

 

DISTRICT COMMISSIONERS’ REPORTS

Commissioner Maloy discussed with the Board the issue of continuing this evening’s meeting to the next night if it runs past 11:00 p.m. or 11:30 p.m.

Commissioner Morris stated the Board previously discussed cutting meetings off at 12:00 a.m., but it wouldn’t be fair for those sitting there all evening and it was continued for the next night. He stated he would support cutting the meeting off at 11:00 p.m. or 12:00 a.m. He suggested the Chairman make an announcement at the beginning of the meeting that it will be continued to the next night if it runs past midnight.

Commissioner McLain stated he feels it would be appropriate for the Board to start setting a policy guideline on how late the meetings should be. He said most governing bodies adjourn at a reasonable hour. He added he would have no problem with the meetings being scheduled from 7:00 p.m. to 12:00 a.m.

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Motion by Commissioner Morris, seconded by Commissioner McLain to reappoint Kathy Gehr to the Parks and Recreation Advisory Board.

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

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Commissioner Van Der Weide stated he has been working with the County Attorney’s office relative to a towing ordinance. He stated he has been working on this legislatively for some time and he believes it has now been mandated by the State.

Mr. McMillan stated the State has mandated that the County set a minimum fee for towing structures.

Commissioner Van Der Weide stated he feels that this issue needs to be addressed and he would like the Board to direct the County Attorney to bring this issue back to the Board as a briefing item. No objections were voiced.

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Commissioner Van Der Weide stated he is sure that the Board is familiar with loan shark-type operations (usury practices) where they charge unbelievable interest rates to those who could least afford it. He stated he believes the County can pass an ordinance relative to this issue. He added he would like the County Attorney to look into drafting an ordinance relative to excessive interest rates.

Mr. McMillan stated his office did a preliminary analysis on that issue and each Board member should have a copy of that. Apparently this issue is being addressed at the Legislature this year. He stated the Board may want staff to take a position on this issue at the State Legislation to see what comes out of that. Discussion ensued.

Mr. McMillan stated he can put this issue on the agenda as a briefing item for the next meeting.

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Commissioner Van Der Weide stated he would like to handle the control of his own microphone instead of the technicians in the back controlling them and requested the County Manager make sure this is done.

Commissioner McLain stated he would also like to control his own microphone.

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Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to appoint/reappoint the following:

Animal Control Board - Dr. Stephen Wiseman

Electrical Contractors Board - Douglas Matern

Well Drillers Board - John Cochran

Parks & Recreation Advisory Board – Ben Tucker; and adopt appropriate Resolution #99-R-18, as shown on page _________, commending Beverly Blackmon for her services on said Board.

 

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

 

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint/reappoint the following District 4 appointments:

Agriculture Advisory Committee – Gertrude Lukas and Betty Schlusmeyer for 2-year terms.

Animal Control Board – Karen Lewis for a 1-year term

Parks & Recreation Advisory Board – Lois Fairbrother and Katie Moncrief for a 1-year term

Seminole County Industrial Development Authority – Mack McReynolds for a 4-year term

Building Contractors Board – Ken Watkins for a 1-year term

Electrical Contractors Board – Bob Herring for a 1-year term

Mechanical Contractors Board – William Lang for a 1-year term

Plumbing Examiners Board – Paul Honeycutt for a 1-year term

Swimming Pool Board – Sam Sears for a 1-year term

Well Drillers Board – David Allen for a 1-year term

Disability Advisory Council – Thomas Greene and Carlos Rivera

 

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

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Commissioner McLain stated it has come to his attention that trailers are parked in inappropriate places in the more urban areas of the County, especially along 17-92. He stated it has come to his attention that several of the feed stores are parking 40 ft. trailers loaded with hay, etc. and the Code Enforcement Board (CEB) has scheduled hearings and fines are being assessed until the people move these trailers. He said he feels that this is an issue the Board needs to look at in the Land Development Code and he would like the CEB consider setting these cases into abeyance to allow staff to review this issue.

Commissioner Maloy stated he would be in favor of looking at reasonable changes that could accommodate some of these rural issues.

Commissioner Morris stated he would suggest asking staff to draft some type of a special exception language but not a waiver on C-2 zoning.

Commissioner McLain stated he is only suggesting that these code enforcement issues be held in abeyance and have staff come back with any changes or variances that can be applied for. He stated he doesn’t want to jeopardize the people’s business before staff has a chance to look at it.

Mr. Dwyer stated staff has cited several people for utilizing trailers along 17-92. He stated staff couldn’t discriminate and had to cite those in the more urban areas. Staff can take a look at that issue, but they need some time to do that.

Commissioner Van Der Weide left the meeting at this time.

Mr. Dwyer stated several people have been cited on this issue and only one has progressed to the point where it will go before the Code Enforcement Board. He stated he has tried to work with them to get rid of the trailers and bring them into compliance.

Commissioner McLain stated one of the property owners suggested screening the trailers with a fence or whatever.

Commissioner Van Der Weide reentered the meeting at this time.

Mr. Dwyer stated he spoke with those individuals relative to screening and to them it did not mean total screening, it meant some visibility because they had a hay business there.

Commissioner Morris stated he cannot support this if this proposal stops the County from cleaning up those businesses that are operating in a way of every aspect from public safety and blight.

Mr. Dwyer stated the CEB has one item scheduled for January 28, 1999 and staff would need direction from this Board to continue that action. He said with regard to the other cases which have been cited, staff will not take them to the CEB until this is sorted out.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue the Shehan CEB case until staff has a chance to report back to the Board on this issue.

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

COMMITTEE REPORTS

Commissioner Morris reported on the East Central Florida Regional Planning Council meeting. He reported that he and Commissioner Henley voted in opposition to the reorganization of ECFRPC. The motion did pass and the reorganization did fulfill the wishes of this Board in general, but he still had a few problems that he could not support.

Chairman Henley stated he felt that kicking cities out was not the best thing to do as it would put a little more financial burden on the County.

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Chairman Henley distributed an analysis (received and filed) of the Seminole County Tourism Tax Collections for November 1998.

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Commissioner Van Der Weide reported that the format of discussion for the MetroPlan meeting was based on light rail. He stated new Commissioners from Orange County were in attendance and they unanimously were opposed to it.

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Commissioner Maloy advised the Lynx Board presented Commissioner McLain with an appreciation award and white cowboy hats were distributed to all of the members. He reported on his visit to San Diego to look at their trolley system. He said he will submit a memo relative to the system and he can answer any questions the Board may have at the next meeting.

COUNTY MANAGER’S REPORT

Mr. Kaiser informed the Board that he will be leaving tomorrow for County Wicklow, Ireland, and he will be back this Sunday.

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The meeting was recessed at 3:35 p.m., reconvening at 7:00 p.m., 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.

PUBLIC HEARINGS

Chairman Henley announced that, if necessary, the Board will recess the meeting at 12:00 a.m. and reconvene at 7:00 p.m. tomorrow evening, January 27, 1999.

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The Board went out of the order of the Agenda to hear Item B first.

REZONE FROM C-1 AND A-1 TO PUD

ROBERT THOLLANDER

 

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from C-1 (Retail Commercial) and A-1 (Agriculture) to PUD (Planned Unit Development); property located on the southeast side of SR 426, north side of Oak Hollow Lane, and east of Dean Road, Robert Thollander, received and filed.

Senior Planner, Don Fisher, addressed the Board to present the request to rezone approximately 20.58 acres from C-1 (Retail Commercial) and A-1 (Agriculture) to PUD (Planned Unit Development) allowing a mixed-use development with commercial and multi-family at a density of 20 net dwelling units per acre. He advised that based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; (4) Would be able to meet all environmental standards. He said staff has no opposition to the rezoning subject to: (1) Limit the maximum number of dwelling units to 313 at a maximum density of 20 dwelling units per net buildable acre; (2) Limit the maximum building height to 35’; (3) Install only cut-off lighting fixtures at a maximum height of 20’; (4) Limit topography changes to the site to save as many trees as possible on the eastern half of the site; (5) Share a joint use driveway with the parcel to the west for access onto Oak Hollow Lane. The access on the subject property will only be utilized for traffic exiting the site; this access will not be used for traffic entering the subject site. Furthermore, post signage at the access locations indicating no left turn onto Oak Hollow Lane; (6) Commercial Tract "A" to comply with setback requirements of the C-1 zoning classification unless otherwise provided for and approved on the Final Master Plan; (7) Any required signal modifications will be the responsibility of the developer; (8) Should F.D.O.T. grant a median-cut on SR 426 allowing for left-hand turns into the project, a left turn lane will be required to be installed; (9) Provide pedestrian access between the multi-family development and the commercial shopping center to the west; and additionally, (10) A contribution of a pro rata share for required signalization at the intersection of Oak Hollow Lane and Dean Road shall be made, if found warranted.

Mr. Fisher advised the P & Z Commission unanimously recommended denial of the rezoning request with the findings that the development was too intense with too much negative impacts on the large lot community to the east. He said the P & Z did not, however, have the benefit of the revised plan that the applicant will present this evening.

Attorney Ken Wright, Shutts & Bowen, representing the applicant, addressed the Board to state since the P & Z hearing, his office has had several meetings with representatives of the homeowners. He referenced a letter agreement (copy received and filed) outlining a number of concessions made by the developer and said those have been agreed to by both parties. He submitted an executed original of the Agreement (received and filed) to the Record. Attorney Wright said he thinks the agreement solves the concerns raised at the P & Z and answers the compatibility issue.

Commissioner Maloy expressed appreciation to Attorney Wright for meeting with the residents. He questioned Item #13 in the agreement on access to Oak Hollow, and Attorney Wright answered that Mr. Gardner has agreed to that.

Attorney James McGee, 226 Hillcrest Street, Orlando, representing Robert Rosen and other homeowners along Oak Hollow Lane, addressed the Board to state keeping the natural 100’ tree buffer between these five acre tracts is also very important to them. Also, the brick wall is a very important matter, and having walls on all four sides so there will not be a lot of ingress and egress. He said all of these considerations have been met and the residents do support the request.

Commissioner Morris discussed the buffer with Mr. McGee.

Hugh Harling, representing Charles and Malcolm Clayton, addressed the Board to state the Claytons own projects immediately north and west of the subject project and across the street. They think the applicant has a good project and do comply with what the County already approved for access management, which would be to tie to the cross access systems.

Upon inquiry by Commissioner Maloy, Mr. Fisher said he could discuss this with the applicant to see if they would voluntarily connect access to the Winn-Dixie property.

Gwen Mugmon, President of Liberty Square Homeowners Association, addressed the Board to ask for clarification on the buffer that will be directly to the south, as her bedroom window will look at whatever comes in. Whereupon, Mr. Fisher reviewed information on the buffers. Mrs. Mugmon stated if the apartments are coming in, they want them to look as best they can.

No one else spoke in support or in opposition.

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

Commissioner Van Der Weide stated it is really nice to see the people in the community, the developer, and landowner get together and work out something they can all be happy with. He commended District Commissioner Maloy for being so efficient in the dealings with this issue.

Commissioner Morris complimented the incredible work done because he knows how opposite these two parties were. He disclosed he had conversations with parties on both sides of this issue, but that did not influence his opinion in any degree.

District Commissioner Maloy stated these concessions make the best scenario of what could be done on this property. He thinks the concessions are quite generous and will make this least obtrusive.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-3, as shown on page __________, rezoning from C-1 and A-1 to PUD property located on the southeast side of SR 426, north side of Oak Hollow Lane, and east of Dean Road; as described in the proof of publication, Robert Thollander; subject to staff comments and the Neighborhood Agreement dated January 26, 1999, with additional caveats that the buffer remain in a natural state; and approval of Development Order, as shown on page __________.

Commissioner Morris asked the Board to agree to a friendly amendment that the agreement with Mr. Rosen will run with Mr. Rosen’s successor, if anything happens to Mr. Rosen.

Commissioners Maloy and Van Der Weide agreed to this amendment.

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

REZONE FROM A-1 TO R-3A

BEAZER HOMES

 

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-3A (Multiple Family Dwelling); property located on the north side of Red Bug Lake Road, ˝ mile east of Eagle Circle, Beazer Homes, received and filed.

Mr. Fisher presented the request to rezone 15.8 acres to allow development of a townhouse project with lots to be sold fee simple at a density not to exceed 9.9 dwelling units per acre.

Mr. Fisher discussed the waivers the applicant is requesting to the buffering requirements, as outlined in the staff report. He said based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the rezoning, subject to: (1) Provide, as outlined in the waiver requests, a 70’ building setback and 15’ buffer along the north where adjacent to residential; a 15’ buffer where adjacent to the church in the southeast corner; a 15’ buffer where adjacent to the vacant property in the southwest corner, and a 15’ buffer where adjacent to the multi-family development along the west; (2) Unless specifically addressed as a waiver, the site shall comply with the active/passive buffer requirements; and (3) Rezone only those areas located in Medium Density Residential Land Use.

Mr. Fisher advised that the P & Z unanimously recommended this request subject to staff comments and that retention be set back a minimum of 50’ from the east boundary where adjacent to residential. The applicant has revised his plans to reflect this change.

Upon inquiry by Commissioner Maloy, Mr. Fisher briefly noted that concurrency is an issue taken up at the final site review. He said if concurrency is not passed, the development cannot proceed until the deficiencies are remedied.

Ray Braddock, Bowyer-Singleton, addressed the Board to state each townhouse unit will be owned by individual owners and they will buy the land. He gave an overview of the project and showed the architectural design and floor plan (received and filed) for the two-story units. He stated they do have to meet concurrency and he understands there are some concerns with traffic. He would like to listen to the residents and then have the opportunity to come back before the Board.

Mr. Braddock answered questions by Commissioner Maloy regarding the maintenance of the units and impact the project will have on Red Bug Road.

Chairman Henley read for the Record the written comments of those in opposition: Robert Dolmovich; Bonnie Barnes; Linda Coto; Darlene Crockett; Patricia S. Wright; Elizabeth DiConsiglio; Biryta J. Andrews; John and Sandy Gilietta; Diana and Rocco LaCapria; Michael Lehman; William Solomonic; Vincent Sabatino; Bob Perlstein; Linda Summerhill; and Beverly A. Boyle.

Mr. Fisher brought to the Board’s attention the E-mail letter (copy received and filed) received from John Tracy commenting on this item.

Bob Andrew, 1092 Howell Harbor Drive, representing Howell Harbor Homeowners Association, addressed the Board to state he doesn’t think setbacks, walls, and buffers are substitutes for transitional density. He disagreed with the traffic report concerning traffic from Eagle Circle to Dodd Road, stating during peak hours the west bound traffic is backed up and he doesn’t see how it can have a surplus of 11,000 vehicles when the capacity is stymied by the first section of the roadway. He asked if the apartments in the Slavia area and on the northeast corner of Dodd Road and Red Bug Lake Road have been factored into the traffic count. He asked the Board to reject this project in its present form.

Upon inquiry by Commissioner Maloy, Mr. Andrew said he thinks the proper density would be something between 3 and 4, but 10 is entirely too high.

Peter McDonnell, President of Copperfield Homeowners Association, 865 Copperfield Terrace, addressed the Board to state their concern is for the transitional matter. He said what is being proposed is more density that what is in the surrounding areas. He said they are very concerned with the Future Land Use Plan and the fact that it is really out of date. He showed information (copies received and filed) off the Internet from the Seminole County WEB site for GIS maps, pointing out where Copperfield is located and said this area in the future land use needs to be looked at very carefully. He said a lot of development is going on and it is going to take a major correction to the intersection at 436 and Red Bug Road to handle the traffic. He pointed out an area to the east of Copperfield, 80 acres shown as low density and said in the next 10 to 20 years this will be developed and there will be additional traffic. They are concerned about the quality of their life, ability to enter and leave their subdivision and values of their property.

Dru Adler, 1271 Bridlebrook Drive, stated Mr. Andrew addressed her concerns.

Daniel T. Parker, President of Howell Harbor Homeowners Association, addressed the Board to state as here and at the other meetings, there hasn’t been a single person for this project as it sits, however, it seems to be zooming forward in a done deal. He asked the Commissioners to consider if they lived in this area and consider the traffic that goes through it.

Scott Zarnowski, 1492 Bridlebrook Drive, addressed the Board to state there is an error in the original map and he pointed out the area directly south and west of the subject development shown as being A-1. He advised that Centex Homes is building a development of 83 homes in that area and that has not been considered. He commented on the impact this will have on traffic. Also, he said there will be a new church located at Red Bug Road which will slow traffic even further. He said he would like to see a wall built, but Beazer homes said they will not build one. He stated this development abuts his development as well as an elementary school with a playground.

Ed Kiefer, 1317 Raspberry Court, representing Deer Run Homeowners Association, addressed the Board to state developments have cropped up all over Red Bug Road, and all of this traffic is going to go up Red Bug Road. He added there is an assisted living center in the area and a mall is going up. He asked where are the cars going to go. He said the Commissioners need to step back and see what they are going to do with the present problem before approving others to make it worse. He stated the County is still on water restrictions and the schools are overcrowded; he asked where are the kids going to go. He asked the Board to act in the best interest of the community and not in the best interest of the developers.

Commissioner Maloy asked if the impacts of Slavia Road and Red Bug have been factored into the traffic projections.

County Engineer, Jerry McCollum, addressed the Board to state that when they look at a long-range plan, they take into account the land use and additional trips.

Chairman Henley read into the Record that Robert Swindoll is in support of the action on this item.

Geri Williams addressed the Board to state they are looking for single family homes to come into single family. She showed on the map (received and filed) areas of single family homes, and explained that even if the road is six laned, there will still be a road block. She quoted from the Land Development Code on "Concurrency Management," and said the Board is relying on old data in the 1991 code and this will cause harm. She said all single family homes, that have been built in the last 20 years, surround this property. She distributed to the Board and developer copies of a compromise offer (copy received and filed). She stated they have done their job for the Board to find a legal way to modify this proposal.

Mr. Braddock addressed concerns raised by the citizens on the traffic on Red Bug Road and the multi-family. He said they have reviewed the suggestions by Mrs. Williams, and they are pretty restrictive. He does not have the authority to agree with any of those. They will take it under consideration, but it is a radical change from what they are agreeing to tonight.

No one else spoke in support or in opposition.

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

The Conceptual Master Plan for the Red Bug Lake Road site was received and filed.

Commissioner Van Der Weide suggested giving Mr. Braddock more time for review with the community to see if there can be a compromise. The Board consented to take a break at this time.

Chairman Henley recessed the meeting at 8:35 p.m. and reconvened at 9:05 p.m. Mr. Kaiser did not return to the meeting at this time.

Commissioner Maloy advised in talking with Mr. Braddock, he has offered to reduce the number of units from 132 to 100 which will reduce the density from 8.5 gross to 6.0. Additional changes would be the addition of single car garages to the units; to the north buffer, those units closer to the buffer will be pushed back giving a 100’ building setback with a 50’ natural buffer to the north; there will be additional plantings to the buffer; Red Bug Road will have a crossover in place before homesites are built to prevent U-turns at the Copperfield/Howell Harbor crossover; the lighting in parking areas is not to affect existing homes in the Terraces or Copperfield during nighttime hours--Mr. Braddock stated they will design any outside lighting (shoebox type at residential height) to be focused downward; commitment of a brick wall against Copperfield; and during construction or design, Beazer Homes will do what is proper to keep the residents safe and if that requires privacy fencing along the power line, they will do that.

Commissioner Morris stated he has a problem with the compatibility issue. He thinks the compromise is an improvement on what was originally proposed. He said on three sides the density is low, and to him to go beyond the four units is still pushing the threshold which is going to push the A-1 surrounding this and that is not compatible.

Upon inquiry by Commissioner McLain, Mr. Braddock stated the size and configuration of the property makes it unfeasible to split for a multi-use.

Commissioner Van Der Weide congratulated the District Commissioner for making this more palatable to the residents, and said this will come back to the Board for site plan approval.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-2, as shown on page __________, rezoning from A-1 to R-3A property located on the north side of Red Bug Lake Road, ˝ mile east of Eagle Circle; as described in the proof of publication, Beazer Homes; subject to the staff comments and additional commitments made tonight, and approval of Development Order, as shown on page __________.

Under discussion, Commissioner Maloy said he thinks this is a reasonable request.

Commissioner Morris said he will not be able to support the motion.

Commissioner McLain said a density of six units to an acre is the number he was thinking of; however, he will not support the motion because he thinks the important issue is with detached houses. If the applicant wants to develop the property, they can come back with a feasible plan for detached houses that he can support.

Mr. Fisher said he believes the property could be rezoned to something more intense.

Mr. Kaiser returned to the meeting at this time.

Mr. Groot requested information from staff to review concerning rezoning the property.

Commissioner Van Der Weide stated the P & Z approved this unanimously. He thought the project was a little too intense, but with a compromise with the developer and property owners, he thinks this is a livable condition.

Upon review of the information from staff and discussion, Mr. Groot concluded that the ordinance advertised tonight is specific for multi-family so the Board does not have an option to go to single family zoning tonight.

Chairman Henley stated the Zoning Board was unanimous and staff had no opposition, so he would be supporting the motion as he thinks it would be a reasonable compromise.

Districts 1, 3, and 4 voted AYE.

Commissioners Morris and McLain voted NAY.

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The Board recessed at 9:35 p.m. and reconvened at 9:46 p.m.

CHULUOTA SMALL AREA STUDY

AND ASSOCIATED PLAN AMENDMENTS

 

Proof of publication, as shown on page __________, calling for a public hearing to consider approval of the Chuluota Small Area Study and associated Plan Amendments, received and filed.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to review the background and specific objectives of the Study as outlined in the staff report. She said staff developed five land use alternatives which were presented at the Local Planning Agency for their consideration. She advised there are a series of actions the Board will be asked to take tonight, and she reviewed those from the staff report.

Dick Harris, LPA Chairman, addressed the Board to review the conclusions and recommendations of the LPA concerning the Chuluota Small Area Study. He said at this time, he thinks the LPA’s actions and views for the desired future have merged with staff’s in nearly all respects. He reviewed the issues before the Board tonight. Mr. Harris stated the LPA found, not only the staff’s study and the five alternatives to be credible, but Mr. Bill Kercher’s work and his commitment to the maintenance and preservation of the rural character of the East Area to be sound, as well as his follow-up work. He said the LPA relied on staff’s study and Mr. Kercher’s work, with the following recommendations: (1) The LPA unanimously approved the Chuluota Small Area Study with specific findings and express understanding that the study detailed the range of options for future development in the area. The supporting analysis gives reasonable policy-decision alternatives and delineates the impacts of each of those policy decisions. The five alternatives clearly provide that information and show five different futures for the area; (2) The LPA unanimously approved Amendments 98 FLU 2, 3, 4, and 5 with findings that the requests were consistent with the Small Area Study and the Seminole County Comprehensive Plan; (3) The LPA unanimously voted to reaffirm the previously submitted CRG Amendment, modified and adjusted, to put the school site into a quasi-public status; (4) The LPA discussed the issue of non-residential uses in the study area. As a result of the need for additional specific information on some 20 parcels which could be converted to office use as residential professional, the LPA asked staff to do a follow-up study examining the need for neighborhood services with the idea of trying to maintain the village which has the requisite community services, but not large-scale commercial development; (5) The LPA drew an urban/rural land use boundary line similar to Option 3. He explained the details of this boundary and said the vote was unanimous to approve the redrawn line. He further explained the error in the line drawn which did not include the area of the commercial strip down 419 to the immediate south of the Historic Village. He said it was the intent of the LPA to include this strip, and perhaps the Board might wish to correct that tonight; (6) The LPA addressed the issue of the provision of water and sewer services in the general area and unanimously adopted a motion to recommend to the BCC in setting a policy intent, that the provision of water and sewer is not the defining issue of what densities are to be associated with or where development may occur. He said specifically, the overriding issue to determine what densities and development may occur is the land use map and the drawing of the rural urban boundary; (7) The LPA said delivering the services of water and sewer would not be discouraged and the Seminole County Comprehensive Plan text changes should be made to read that water and sewer would be available to those who want it in a general area. Mr. Harris concluded they do not see the LPA actions as promoting a domino effect, but firmly establishing a boundary for the rural village.

A copy of Mr. Harris’ written report to the Board was received and filed.

Chairman Henley expressed that the Board appreciates the effort of Mr. Harris to come and report for the Local Planning Agency.

Commissioner Morris commended Mr. Harris for his efforts.

Chairman Henley advised this is the first of two public hearings, and the second hearing will be held on May 11, 1999.

Chairman Henley read the written comment by Mr. Bill Holmes that he supports the action on this item with attached memorandum submitted to the Record.

Karen Witmer, 695 Riverwood Trail, Chuluota, addressed the Board to state one message that came out from all the Small Area Study meetings is that they want to maintain the rural character of Chuluota, and in order to accomplish this, the participants felt there should be no more suburban or commercial development in Chuluota. She submitted to the Board a letter signed by Mr. Witmer which was filed in the Record.

Bob Witmer addressed the Board to state that only the original staff recommendations come anywhere close to representing the views of the community, and these were embodied in Alternative 1. He read his written comments which were previously submitted.

James Valin, 308 Kiwanis Circle, representing the Chula Vista Homeowners Association, addressed the Board to state he has been quite disappointed in the degree to which the LPA and the Commission are willing to take into account the views of the citizens in Southeastern Seminole County. He said they have come to a consensus that the only people they can appeal to is DCA and ultimately the courts. He responded to Commissioner McLain that they would support Alternative 1, but the vast number who attended the meetings favored sticking with the old comprehensive land use plan.

Rodger Capps, 1781 Whispering Forest Trail, addressed the Board to state in all of the meetings he attended he consistently heard from the residents in Chuluota that they do not want any large-scale urban development and don’t want anymore commercial development on SR 419. The consensus of those who participated in the study was that Option 1 would be the most desirable.

Hugh Harling, representing Mike Hattaway who could not be in attendance, addressed the Board to state they are in support of Alternate 3 as proposed by the Land Planning Agency. He submitted to the Board some additional information (received and filed) on changes to Alternative 3 for review by staff and follow-up.

Jim Weinberg, representing Commercial Realty Group, addressed the Board to state they are pleased with the findings of the LPA and he asked the Board to support their recommendations and reaffirm the CRG Amendment.

Chairman Henley read the names and written comments of those who indicated they are opposed to the action: Howard T. Powell; Deborah Schafer; Violet Restall; Thomas C. Chitty; Cecilia Height (not received and filed); Sarah Johnson; Rick Ashby; and Estelle and Bernie Hurwitch.

Stanley Stevens, 377 River Woods Trail, addressed the Board to state his position is not to alter the East Area Comprehensive Plan.

Susan Eberle, 652 W. Palm Valley Drive, addressed the Board to state they are suffering now with all of the problems created by growth. She said the Board has not taken care of the overcrowded schools and roads that have too many cars on them now. Her main concern is stormwater. She said her choice would be Alternative 0 or 1.

John McClung, 128 Lake Crescent, addressed the Board to state he hopes he is mistaken about how government works and hopes the will of the people will be reflected in the Board’s decision.

Ronnie Hawkins, 2621 Sweet Creek Crossing, Lake Pickett Woods, addressed the Board to state they are going to insist that the Board hold the line on the urban rural boundary. She said they don’t want anything like Alternate 4 or 5.

Kathleen Mellor, 2535 CR 419, addressed the Board to state she participated in the 1991 Land Use Plan and Alternate 1 most closely resembles that plan. She said she understood in 1991, the Land Use Plan was the decision and something would have to have happened to make that change, and the only thing she can see changed is the proposed bypass. She stated assuming that will really happen, it was conceived with the idea of rerouting traffic from South Street and never with opening up another development area to pack houses on top of each other.

Susan Kairys-Courech, 237 Overlook Drive, representing the Sierra Club of Central Florida, addressed the Board to state the lack of responsible leadership will lead to more degradation and urban sprawl. She said the East Area Plan was intended to be recognized as a long-term rural area, and if the Board chooses not to recognize it, they will deal with DCA.

Patricia Harbin, 722 Riverwood Trail, addressed the Board to state the Chuluota Bypass is going to open the Snow Hill Road area in the same way as the McCulloch Road area. The people of Chuluota cling to the notion that they are a rural community. They know they must work together to protect the sensitive lands around them. She said there are areas of Seminole County that have designated land use and road access; use those parts of the County first before allowing destruction of another one of the most ecologically sensitive rivers in Florida. She stated land is not just a commodity to be bought and sold for maximum profit, but is a limited national resource that must be treated with respect.

Walter Cutler, 1810 S. CR 419, addressed the Board to state the endangered species in the community have not been addressed in the study.

Commissioner McLain left the meeting at this time.

Mr. Cutler named the different species, but said he is speaking of the rural homeowner as an endangered specie. He said urban sprawl is something they do not want to see. He asked the Commission to pay attention to the plan approved in 1991. He said he supports Alternate O, because that is what they put into the Small Area Study.

Commissioner McLain reentered the meeting at this time.

Mr. Cutler stated Alternates 1-5 were not discussed at the public meetings. He said Alternates 4 and 5 are totally ridiculous. He asked the Board to give the people the same support as they would the endangered animals.

Leonard Greenbaum, 1795 Willingham Road, addressed the Board to state if development will be limited in the rest of the Chuluota area as one house per 10 acres, he is sure nobody will have any problem with this tonight. He said Alternates 4 and 5 will impact him drastically, and they are ridiculous. He thought the Comprehensive Plan was to give security to the people so they would know what to expect. He said there are thousands of property owners living there and they have rights too. The developers are not going to live there and they don’t care.

Tom Stone, 5711 Deer Path Lane, addressed the Board to state as a citizen he is concerned about the pace of growth in Seminole County. The prospects of being built out does not concern him but continuing amendments of the Comprehensive Plan for higher and higher growth does concern him. He challenged each of the Board members to make their names in Seminole County’s history as the leaders with wisdom and foresight who stood up against the storm surge of urban sprawl and preserved for its citizens, visitors, and future generations a valuable piece of Florida’s natural legacy. He asked the Board to say no to these issues which will amend and accelerate the destruction of their natural resources.

Tom Hagood, Oviedo City Council Chairman, addressed the Board to state he is not opposed to the CRG development but with some of the contents and findings within the study. He discussed the seven items as noted in his letter (received and filed) to the Chairman dated January 25, 1999.

Kevin Fall, Capital Programs Analyst, addressed the Board to respond to the issues raised by Mr. Hagood.

Jay Zembower, 127 Big Oak Bend, addressed the Board to state the Constitution of the United States provides for the protection of individual property rights and just compensation clauses. It is a difficult balance to keep when property owners are at odds with the land use, and this is evidenced by the numerous Supreme Court rulings as far back as 1926. He asked the Board to consider some of the decisions rendered and explanations that show the wisdom of the Supreme Court.

Commissioner Morris left the meeting room at this time.

Mr. Zembower cited several court cases. He said as elected officials, the Board represent the people as a whole and should vote in the direction that the people want and not their personal views. The majority of the people in this land use study do not want any changes in the existing land use plan. He concurred that at the meeting of January 6, it was very evident that the LPA had made a decision prior to that meeting. He asked the Board to consider the court cases, which stand today after 73 years, in their decision which gives them the levity to make these decisions.

Chick Metcalf, 120 Big Oak Bend, passed on making comments at this time.

Commissioner Morris returned to the meeting at this time.

Paul Schwimmer, 1770 Lake Mills Road, addressed the Board to state he moved to the country to be there and not in the city. He objects to the past commissioners siding with developers and the City of Oviedo in their program of urban sprawl and facing the prospect of having to hook up with water and sewer companies in the near future. He said there should be no deviation from the County’s Comprehensive Master Plan in the rural area. He said only Option 1 is acceptable over Option 0.

Michael Rich, Box 306, Chuluota, representing the Coalition for Responsible Econ. Development, addressed the Board. He distributed a copy of a map (received and filed) from the 1991 Rural Area Plan, Public Comments Section, where the proposal for this development was considered and brought up before by Mr. Kercher. He said the bypass has been mentioned many times. He said he is puzzled about what the new information is that Mr. Kercher did not consider when the Rural Area Plan was being written. He asked if this is an appropriate use. He said whether it’s 1.7 developmental units per acre or 2.7, the law and Administrative Law Judge is going to look at this as 4 units per acre. The Board needs to make this consideration on a future land use change based on 4 units per acre. He stated since the Board is looking at increasing density, there are no property rights legal issues. He described the Chuluota planning area, with the buffer area of one unit per acre, meant to buffer the higher density from the surrounding rural area. He said Alternative 1 incorporates this concept with good planning principles. He said this was the only proposal made to the LPA by staff after the meeting with the Chuluota residents. He stated Alternatives 2 and 3 attempt to allow the intrusion of urban densities to the north in the buffer area that is part of the one developmental unit per acre. This violates the fundamental principle that exists with the area as planned. He discussed the Magnolia Lakes PUD, which was approved at the time when the Comprehensive Plan was rejected by DCA for putting one developmental unit per acre throughout the East Rural Area. He further discussed that Magnolia Lakes PUD is next to five per acre on the north side and is incompatible. He noted the definition of "transition." Mr. Rich said the solution is if the County purchases the rights to .7 developmental units per acre, there would be one developmental unit per acre that fits into the buffer around the existing urban village and would be more appropriate for the rural plan.

Don Rauhoffer, 2601 Mills Creek Road, addressed the Board to state he is very concerned about the future of the area. He said he moved where he did because he wanted to live on five acres in a rural lifestyle. He said he’s for the 0 Plan. If they go along with the CRG proposal, there will be a domino effect. He said the developers don’t live out there and don’t vote, but they (the residents) do and they will remember.

No one else spoke in support or in opposition.

Written Comment Forms and Speaker Request Forms were received and filed. Also received and filed were the Chuluota Small Area Study Executive Summary, Transportation Analysis, and Final Report, all dated December, 1998.

Commissioner Morris stated he favors Alternative 1, for the lack of an Alternative 1.5, but he would have some changes to that. He said he is still opposed to the CRG Amendment as proposed. He thinks the east and west side of the project leads to some problems relative to the density. He believes there should be more transition there and slightly lower densities, particularly on the north side of the road. He said the Board voted last year in opposition to the expansion of the water and sewer district, and the staff is still opposed to it. There is no question in his mind that this expansion would be a key argument later for someone else who would want to approach the Board again. Regarding the argument that this development is less than 1% of the total rural area, Commissioner Morris said 1% here and 1% there and soon, you will be talking about real development.

Upon inquiry by Chairman Henley, Deputy County Attorney Lonnie Groot advised that accepting the Chuluota Small Area Study and agreeing to transmit it to Tallahassee does not approve the CRG development or any other land use change one way or another.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the Chuluota Small Area Study.

Under discussion, Mr. Groot advised Commissioner Morris that, in his opinion, the understanding is not that the attached LPA recommendations are what the Board would be approving. He said there are five options for the Board to consider and the Study along with whatever option the Board takes regarding CRG, and any associated amendments will be transmitted together.

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

Ms. Rotella reviewed the choice of actions the Board has regarding the CRG site as given in the staff report.

The Board discussed the LPA recommendation.

Planning and Development Director, Frances Chandler, addressed the Board to state that the LPA’s recommendation on CRG included a coincident amendment to the urban boundary which altered the framework under which they evaluated the amendment. She and Ms. Rotella explained the details of this coincident amendment.

Upon inquiry by Chairman Henley, Ms. Rotella clarified the correction to the boundary, as indicated by Mr. Harris, involving a portion of SR 419 is included.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to transmit the CRG Amendments as recommended by the LPA at the January 6, 1999 public hearing, approving the CRG Amendments as originally approved by the BCC in November, 1997.

Under discussion, Commissioner Morris stated his prior objection still stands.

Commissioner McLain stated no one on this Board voted for the Magnolia Lakes Project, which was approved in 1991, and he did not vote for the CRG Project as presented in the previous hearing. He said what he thinks all of the people are interested in is a firm boundary; they want to protect their rural lifestyle. He said he has some concerns about the LPA recommendation, with his biggest concern for keeping any rural boundary away from Snow Hill Road. He explained he thinks it would be more appropriate if the LPA had moved the rural boundary back through the 200’ buffer so there will not be a precedent to show an urban boundary along Snow Hill Road; and this is his recommendation for forwarding an urban boundary. He also suggested making changes to the CRG plan on the north and south part of the eastern portion, with lots equivalent to the width of one acre home sites on both sides. This would mean drawing a transitional zoning that would not set a precedent for others to come in later and try to bring an urban boundary out to Snow Hill Road. He suggested amending the motion for these changes.

Ms. Rotella stated moving the urban boundary off of Snow Hill Road and having one acre lots on the north and south of the property to be consistent with Suburban Land Estates land use could be effective to create compatibility with the existing land uses, as suggested by Commissioner McLain; and the lots would be 120’ width.

Commissioners Maloy and Van Der Weide concurred with Commissioner McLain and agreed to amend the motion.

Commissioner McLain discussed further with staff the urban boundary.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue the Chuluota Small Area Study public hearing beyond 12:00 midnight, based upon the earlier instructions by Chairman Henley to not hold the meeting beyond that time.

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

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During further discussion of including the parcels along a portion of SR 419 in the urban boundary, Commissioner Maloy said the intent of his motion was not to include making this change.

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

Commissioner Morris voted NAY, as previously noted.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve authorizing transmittal to Florida DCA of amendments to any and all sections of the Seminole County Comprehensive Plan implementing the Board’s action taken relative to the land use and text amendments for CRG.

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

Commissioner Morris voted NAY, as previously noted.

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve changing the land use on Parcel 2, approximately 15-acre School Board site within the CRG Planned Unit Development, from Suburban Estates to Public-Quasi-Public.

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

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve land use designation of Low Density Residential for infill property to be consistent with the Chuluota Plat.

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

Commissioner Morris voted NAY, as previously noted.

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Motion by Commissioner Morris, seconded by Commissioner McLain, to approve the land use designation to Recreation for Parcel 4, property owned by the St. Johns River Water Management District, to be consistent with the designation of other conservation lands.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve Low Density Residential land use for infill property located south of the CRG site to be consistent within the historic plat of Chuluota, within the urban boundary.

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

Commissioner Morris voted NAY, as previously noted.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve revisions to the urban rural boundary line in order to make it consistent with the City line and adjacent to Lake Lennel, establishing and protecting the area as a five-acre enclave.

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

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The Board discussed with staff the expansion of water services and Commissioner McLain said he would not be supportive of such expansion.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve setting standards for future amendments to the urban/rural boundary.

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

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to approve transmittal to Florida DCA of amendments to any and all sections of the Seminole County Comprehensive Plan implementing the Board’s action taken relative to the land use and text amendments for the Chuluota Small Area Study.

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

Commissioner Morris voted NAY, as previously noted.

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Motion by Commissioner McLain, seconded by Commissioner Morris, to approve a special area study to create future Plan policies and rural design standards related to nonresidential uses within the Chuluota Small Area Study.

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

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Chairman Henley announced again that the second public hearing will be held on May 11, 1999.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to continue the two remaining items on the agenda, Florida Water Services and Evaluation and Appraisal Report, Wekiva Special Area Study, to January 27, 1999, at 7:00 p.m.

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

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The Board, thereupon, recessed at 12:35 a.m., January 27, 1999, reconvening at 7:09 p.m., on Wednesday, January 27, 1999, with all Commissioners and all other Officials, with Commissioner Morris being late, with Deputy County Manager Cindy Coto replacing County Manager Gary Kaiser, and with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

FLORIDA WATER SERVICES (Continued)

Chairman Henley announced that Item IV.D., Florida Water Services request, has been withdrawn. A letter from the Florida Water Services requesting withdrawal was received and filed.

Speaker Request and Written Comment Forms were received and filed.

EVALUATION AND APPRAISAL REPORT/WEKIVA SPECIAL

AREA STUDY, WEKIVA RIVER PROTECTION AREA

 

Proofs of publication, as shown on page _______, calling for a public hearing to consider the Evaluation and Appraisal Report, Wekiva Special Area Study, Wekiva River Protection Area, received and filed.

Dick Boyer, Planner/Information Specialist, addressed the Board to state the Evaluation and Appraisal Report (EAR) was a seven-year assessment of the County’s Comprehensive Plan required by Statute. The Wekiva Study was a requirement of the settlement agreement between the County and the Department of Community Affairs (DCA) regarding an adopted amendment in the Wekiva area. The study was also to be evaluated as part of the EAR. On January 8, 1999, the DCA issued a finding of insufficiency regarding one element of the EAR and the Wekiva Study. After consultation with the DCA, staff prepared an addendum to the conservation element clarifying the County’s existing wetlands protection program, thus addressing the DCA’s concern. Staff has prepared an addendum to the Wekiva Study which details additional information to be considered when reviewing land use amendments in the Wekiva area. He advised to implement the two addendums, staff is seeking adoption of a resolution. He said in addition, staff is seeking direction relative to a proposal by the DCA to defer any determination of increased residential densities in the Wekiva Protection Area until the technical and design studies have been completed. These studies are expected to be completed by January 1, 2000.

Faith Jones, speaking on behalf of Keith Schue, representing the Sierra Club, addressed the Board to state the text of the study changes the focus of the Wekiva River Protection Act. The first sentence of Section 369.305 of the Wekiva River Protection Act states that the intent of the Legislature for the Wekiva River Protection Area is to be protected. To accomplish this, the Act calls for preservation of habitat for listed species and native vegetation within the protection area as a whole. The Act also calls for residential development in the area to be of rural density and character. Section 369.307 specifically states that the Wekiva River Protection Area is declared to be a natural resource of state and regional importance. The proposed resolutions clearly move the scope of the Act from the protection area to a much more narrow focus of the river and its tributaries. Recommendations for a technical study reveal the same misconception. She stated the Sierra Club would object to any Board intention to advocate a narrowly focused technical study of just the Wekiva River system and if the study is used to justify modification or replacement of the Act, or alter its legally defined boundaries. The Sierra Club urges the County to adhere to the Wekiva River Protection Act as it is written. She said she would like to remind the Board that the distinct and well-articulated requirements of the settlement agreement associated with the original Wekiva River special area study indicates that the County shall evaluate the land use plan for consistency with the existing Act. The agreement also states that the planning strategy shall address protecting the rural character of the Wekiva River Protection Area including considering appropriate residential densities. She added she would like to know why the County has consistently refused to address this issue despite signed agreements to do so. If the County wishes to make a commitment tonight to maintain the rural residential densities within the protection area and to develop design standards which accomplishes this and other provisions of the Act, then everyone’s differences may be resolved. The citizens would be happy to participate in creating set standards provided that a framework of rural design has been maintained. She suggested the following four recommendations: (1) Rephrase the text to Page 3, Section 3.2.4 of the Wekiva Study addendum to: The amendment shall include reference resources; Also, Item 5 of Section 3.2.4 should reference the Wekiva River System and the Wekiva River Protection Area; (2) Item 1 of Exhibit 7.1 of the Wekiva Study, should be strengthened to more adequately describe design standards and clarify what is meant by conservation land and greenways, large lot sizes and perimeter greenbelts. Preservation of onsite trees should be explained and reconciled with the recent Comp Plan policy; (3) Design standards should address the preservation of existing wetland and upland ecosystems, wildlife population and wildlife corridors; (4) Since the Wekiva Small Area Study cannot be truly sufficient without addressing density, the citizens are requesting that the addendum to the study include appropriate text that clearly commits to the design standards that maintain rural density and character. A legitimate upper limit on density should be included with the stipulation that this maximum value may not be appropriate throughout the protection zone. An analysis of the appropriate rural densities should be made for each subsection as required by the settlement agreement. She submitted a copy of her statement, specific comments and a letter from J.A. Jurgens, P.A. (all received and filed).

Tom Stone, 5711 Deer Path, addressed the Board to refer to and review the resolution relating to the abatement of Future Land Use Amendments in the Wekiva River Protection Area.

Commissioner Morris entered the meeting at this time. He advised he had a prior engagement at the Heathrow Town Council regarding some of the issues addressed tonight.

Lonnie Groot, Deputy County Attorney, addressed the Board to inform the Board that staff has an amendment to the second resolution. He advised the following sentence will be added to the end of Section 1 of the last page: "This action shall not apply to proposed amendments pertaining to approved developments of regional impact."

Phares Heindl, 2415 River Tree Circle, addressed the Board to state he is speaking on behalf of the Friends of the Wekiva River and as a resident of Seminole County. He stated he lives along the Wekiva River and he would love to take his children and grandchildren along the river to view the grand cypress. He said he does a lot of canoeing and kiaking along the river and he remembers seeing his first black bear with her cubs and it was a grand site to see. He added they have this great opportunity to preserve the river and the system so that their children and grandchildren will have an opportunity to see bears swimming in the river. In order to protect the heritage, the Friends of the Wekiva River, other environmental groups and a Republican Legislative body overwhelmingly enacted the Wekiva River Protection Act. That Act contained the necessary mandate to protect the river. He briefly reviewed the meaning of rural in character and the rule of law. He urged the Board to maintain and follow the rule of law by going back and do what they should have done in the first place. He submitted a copy of the Friends of the Wekiva comments (received and filed).

Deborah Deal, 436 Newton Place, addressed the Board to read her comments (received and filed) relating to curbing the current trend to change the zoning on neighboring lands; the Wekiva Hunt Club is opposed to the proposed Small Area Study and its options; request to follow the Protection Act as it is written; maintaining the rural character and densities as called for by the Act; and to not turn Seminole County into a Los Angeles County.

Upon inquiry by Commissioner Van Der Weide, Ms. Deal advised that the Wekiva Hunt Club Board of Directors voted unanimously to authorize her to speak on behalf of the Club.

Commissioner Morris stated misinformation has been submitted to the citizens that the Board is trying to change the Act through Legislation. He stated the Board has tried to explain to the citizens that the study is one that is actually an initiative and partnership with other jurisdictions, particularly one that adds to a huge filtration problem to the river. The County is not proposing a change in the Act. The County still supports the Act and they believe the study will strengthen the protection of the river. Discussion ensued.

Chairman Henley read written comments from Barbara Stone; Elise Hulme; Doris King; Clarence Metzler; Alice McDowell; and Phares Heindl.

Sam Kendall, 510 Hermits Tr., addressed the Board to state he is representing the Seminole Audubon Society. He stated he does not live within the Wekiva River Protection boundaries. He spoke with regard to the habitat living in the Protection area and the County’s requirement to preserve all of the plants in the area. He urged the Board to insert words to define rural densities that are appropriate to the Wekiva River Act.

Charles Lee, 1331 Palitets Ave., addressed the Board to state the Florida Audubon Society does not support either action proposed tonight. He stated the Audubon Society does not feel that the amendments are sufficient to resolve the issues raised by the Department of Community Affairs (DCA) and the environmental groups. The issue is the County is required to only allow density that is rural in character in the area. What the County is proposing to do is to blur and submerge that issue in a web of bureaucracy. The County is breaking apart a clear-cut decision in which the citizens are having a difficult time to decide whether the County is doing the right thing. He referred to and reviewed a proposed ordinance relating to a moratorium.

Commissioner Morris stated he feels that staff should take a look at any concerns the Florida Audubon Society has relative to allowing agricultural exemptions. He stated Mr. Lee indicated that the County is saying the law should be reexamined every 5 years. He added he feels that it should be reexamined with the help of the Audubon Society. He said if the environmental committee does not support this, then he is in favor of dropping that issue. He questioned if the Society wishes that the County not do the benchmark studies ($100,000) as they feel it is wasting taxpayers’ money.

Mr. Lee stated a benchmark study cannot be done for $100,000 as it is barely enough to print it. What needs to be done is to get a grasp of where they are in the Wekiva area. In 1986, a Task Force was established through the St. Johns River Water Management District (SJRWMD) and they made sure that studies were contracted out. That led to a design of meets and bound boundary for the Wekiva Protection Area and a design of specific protection zone criteria in the SJRWMD rule. He stated he would not recommend putting another $100,000 into that effort as a water quality monitoring is already ongoing in the Wekiva River area.

Commissioner Morris stated he would be happy to remove that request.

Mr. Lee stated for any proposal for studies of this kind, he would suggest putting together an interdisciplinary task force comprised of representatives of various state and local agencies with expertise in this area, as well as the environmental groups concerned with the river.

Commissioner Maloy left the meeting at this time.

Mr. Lee stated he feels the task force should determine what and if any additional studies are needed.

Commissioner Maloy reentered the meeting at this time.

At the request of Commissioner Van Der Weide, Colleen Rotella, Comprehensive Planning Manager, addressed the Board to explain the history of the study.

Commissioner Morris stated the Board will address those issues that Mr. Lee has brought to their attention. Those issues can be easily corrected so there is no misinterpretation.

Mr. Lee requested the Board not to act on the two items tonight, but to convene a task force meeting and invite representatives from the Environmental Organizations who have worked on the Wekiva River issue for 12 or more years. He stated he would recommend that they sit down to see if they can reach an agreement as where to proceed on this issue.

Chairman Henley read Written Comments from Sarah Metzler.

Clarence Metzler, 739 Mallard Dr., addressed the Board to state he feels the Board is trying to circumnavigate the Wekiva Protection Act just so they can shoe in a few more developments here and there.

Deputy County Attorney, Lonnie Groot, left the meeting at this time.

Mr. Metzler continued by stating that this area needs a lot more protection from development and large scale PUDs.

Robert Bugnacki, 5352 Orange Blvd., addressed the Board to state he attended all of the meetings for Subarea 2 and 98% of the people that attended these meetings requested that the area north of Orange Blvd. remain rural, a minimum size lot of one acre. Staff wants to change Item #7 from Suburban Estates to Low Density Residential and that takes up the whole side of north Orange Blvd. This is something the citizens do not want and he would like to know why it was put in there.

Bill Cole, 706 Turnbull Ave., addressed the Board to state he is the President of CFG at Chapman. He stated he is a property owner located within the Wekiva Protection Area and he has concerns about the proposed action relative to having a moratorium for processing land use amendments.

Mr. Groot reentered the meeting at this time.

Mr. Cole stated if the Board adopts the resolution, he would hope that many of the property owners will receive assurances from the agencies involved that the study would be carried on in an expeditious manner. He stated he believes the whole Wekiva area should be kept rural in character and not just an isolated section. He stated he and his partner have been approved for developing their property in Lake County and he doesn’t understand why it was approved by the DCA when they had some problems with some of the other properties.

At the request of Commissioner Morris, Mr. Groot explained whether or not the County needs to do a moratorium.

Commissioner McLain stated he feels the County Attorney should investigate the development in Lake County to see what is going on in the Wekiva Protection area.

Sean McCarthy, 837 Nocturne, addressed the Board to state he doesn’t think anyone understands what rural character is.

Darrell Leidigh, 336 Lakeview, addressed the Board to state he has lived in Seminole County since 1967. He spoke with regard to protecting people, air quality, water quality, and where are they going to get drinking water.

Patricia Lillie, 5079 Lake Howell Rd., addressed the Board to state she did not wish to speak. Chairman Henley read her comments into the Record.

Chairman Henley called for Polly Miller, League of Women Voters, but she was not in attendance. He read her comments into the Record.

Ms. Rotella stated staff has identified some changes to address some of the concerns of the Sierra Club. She stated staff concurs to changing the word "may" to "shall" in Section 3.2.4. The second issue relates to design standards and the recommendation was to strengthen and clarify the meaning of the terms of conservation land, greenways, large lot size and green belts. She said the intent of those design standards is to work with the Task Force to develop a definition for those terms and to come up with recommended standards. She stated staff will work with the Audubon Society to review the agriculture exemptions to ensure that there are no areas of concern. The last issue relates to preservation of ecosystem, wildlife population and wildlife corridors. Staff has some recommended changes to the Wekiva Small Area Study Map Addendum Text. She advised the following words will be added at the end of the first sentence: "including but not limited to rural character in the Wekiva Protection Area." The following words will be added after, "but not necessarily be limited to" in the second sentence: "protecting ecosystems, wildlife population and wildlife corridors wherever located." She added the following words: "to maximum extent consistent with the provisions of the Wekiva River Protection Act, not withstanding any other provisions of this plan" will be added after the words "preserving onsight trees" in the second sentence.

Upon inquiry by Commissioner Morris, Ms. Rotella advised staff feel that these changes are consistent with the Board’s action.

Mr. Groot advised once the EAR is proclaimed to be sufficient by the DCA, a plan amendment must be enacted within 18 months to implement the EAR.

Ms. Jones stated the Sierra Club would like this issue postponed and to sit down with staff to clarify some of the misunderstandings.

Ms. Rotella stated this sets the framework to begin the process of conducting the study and it is the Board’s direction to work with the agencies of adjacent counties and representatives of the groups. The completed studies will come back for final recommendation.

Mr. Lee stated the citizens do not feel that the way this issue is written is helpful to the process. He stated they would urge postponing action on this issue tonight and to convene a task force meeting. He said he feels that this meeting should be publicly-noticed and to invite all interested parties to attend to discuss all of the various perimeters of issues.

Mr. Groot stated it is important to note that staff has interacted with DCA regarding the EAR. He stated if the addendum is transmitted to DCA, it is important to note that if and when the EAR is deemed sufficient, that is when the time period begins to run when the plan amendments must occur. To delay means a delay in the plan amendments.

Mr. Lee stated all the citizens want to do is to take time to work out this issue.

Mr. Groot stated staff feels that the DCA will find the EAR along with the addendums sufficient.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-19, as shown on page ________, adopting addendums to the Seminole County EAR relating to the 1991 Seminole County Comprehensive Plan and the Wekiva Special Area Study, including staff comments.

Under discussion, Commissioner Maloy discussed the comments which the DCA requested. He stated the first one is three different areas in the EAR amendment talk about incompatible land uses and keeping those away from wetlands. There were some additional changes to the Wekiva Study development permits within the Wekiva River Protection Area including a section that puts in an additional recommendation that development permits will occur there. The other section deals with the rural character, design standards, retaining stormwater and maintaining trees.

Upon inquiry by Commissioner McLain, Mr. Groot advised the County has two challenges from the DCA and staff is ready, willing and able to engage in collaborative efforts to address the issues of DCA and the Board.

Commissioner McLain stated he feels the County has been working hard in protecting the river. He stated the people who live along the river have septic tanks that leech into the river and affect the water quality. He stated he feels that those septic tanks should be eliminated along the river and put in containers and holding tanks for those residents to get rid of the sewage going into the river. Many of the people that complain and blame the County for polluting the river are just as guilty of polluting and damaging the quality of the river.

Commissioner Henley stated he will be supporting the motion as he feels it is the right thing to do. He believes everyone wants the same thing and that is to protect the river. The question is what damage is being done and how can they verify that damage is being done. He said he will do everything he can to protect the river and he is willing to listen to everyone and take their comments into consideration.

Commissioner Van Der Weide stated nobody wants to destroy the river and the Board felt they were doing a good thing by offering to monitor the water quality.

Commissioner Maloy stated he feels the County can do a better job on some of the environmental issues and informing the citizens throughout the County of how many acres have been set aside from development pressures.

Commissioner Morris stated he would have to agree with all of the Commissioners’ comments. He stated the Board has had discussions with the citizens to try to clarify misinformation that has been submitted. He said he gives credit to some cogent arguments tonight. He added he may not agree but he recognizes the thought and agrees to what has occurred. He stated he defies anyone to name a County in Florida that has done more to protect the environment on an ongoing basis than Seminole County has. He said he respects this Board’s decision and also the decision of the prior Board.

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

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Commissioner Morris stated due to discussions and a request by the members of the environmental community, he would like to strike the following words from the sixth "whereas" of the resolution: "and has sought legislative action which would strengthen the provisions of the Wekiva River Protection Act and ensure that the River and its tributaries are evaluated on a recurring basis to determine what steps and actions may be necessary to protect this valued natural resource." He stated the Board had discussions relative to this issue in prior meetings and have sought the environmental community’s opinion and now do not support this.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-20, as amended, as shown on page _______, adopting the abatement of the Future Land use Amendments.

Under discussion and upon inquiry by Mr. Groot, Commissioner Morris advised the motion includes the language relating to the development of regional impact.

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

Chairman Henley advised that a report on air quality will be coming before the Board as a briefing item in the future.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:28 p.m. on Wednesday, January 27, 1999.

 

ATTEST_____________________Clerk_______________________Chairman

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