Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Jim Barclay, New Life Fellowship Church, Winter Springs, gave the Invocation.

County Attorney, Robert McMillan led the Pledge of Allegiance.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-136, as shown on page ________, proclaiming the month of October, 1999 as "National Disability Employment Month" in Seminole County.

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

The Resolution was presented to Tony Tizzio who addressed the Board to express his appreciation for the Board's support.

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Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-135, as shown on page _________, proclaiming the month of October, 1999 as

"Invasive Non-Native Plant Eradication Awareness Month" in Seminole County.

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

The Resolution was presented to Craig Shadrix of Planning & Development who addressed the Board to express his appreciation.

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Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-137, as shown on page ________, acknowledging recipients of the 1999 Seminole County Industry Recognition Award, to be presented at the 5^th Annual Industry Recognition Luncheon scheduled on November 5, 1999.

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

No Report.

Consent Items #1 through #25 and add-on's #26 and #27 were presented for Board action.

Commissioner Maloy discussed with Parks & Recreation Manager, Bob Chorvat, Item #13, Interlocal Agreement with Winter Springs for the Black Hammock Trailhead Restroom. Commissioner Maloy stated he believes there will be problems if people can go into the facility and lock the door. He said he would like to see it left open and a stall built.

Mr. Chorvat advised this will be a single use facility. Discussion ensued.

Commissioner McLain stated he feels it is important to provide secure restrooms for the public; and even though he understands Commissioner Maloy's concern, he would support being able to go into the restroom and lock the door.

Upon inquiry by Commissioner Maloy, County Engineer, Jerry McCollum, addressed the Board to advise with regard to Item #19, Joint Facilitation Agreement for Old Lockwood Road, the intent is to go ahead and do the entire road at one time.

A brief discussion ensued amoung Commissioner Maloy, Commissioner Van Der Weide, and Stormwater Manager, Mark Flomerfelt, with regard to Item #22, scheduling a public hearing to consider the Stormwater Discharge Ordinance.

Commissioner McLain requested staff to report on the efficiency and cost of plugging artesian wells (Item #1). Whereupon, Commissioner Morris suggested the Well Drillers Board review this. The Board voiced no objections to the Well Drillers Board reviewing same.

Chairman Henley discussed Item #23, Railroad Crossing Improvement Agreement for East Airport Boulevard, expressing his concern with provisions in the agreement dealing with the surcharges the County is liable for.

Traffic Engineer, Bob Zaitooni, addressed the Board to explain the County is at the mercy of the CSX. He said he agrees with the Chairman, but they have not found a way at the staff level to change any of these provisions.

Commissioner Morris stated this has been negotiated in the past and the County has not been successful because the railroad has total control over the crossings.

Chairman Henley stated he is pulling Item #23 for a separate vote.

Upon inquiry by Commissioner McLain, Mr. Zaitooni advised the County has signed other agreements with CSX and they are similar to this one. Whereupon, Commissioner McLain stated if the Board is going to take a position on this agreement, then he feels they should do it on all of them.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:

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

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Discussion continued with regard to Item #23, Railroad Crossing Improvement Agreement for East Airport Boulevard.

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

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to instruct the County Attorney to initiate action with CSX and to prevail upon them to be reasonable regarding language in their crossing improvement agreements; to deny approval of the crossing agreement for East Airport Boulevard; and to direct staff to report back to the Board on their negotiations with the railroad.

Under discussion, Commissioner Henley stated he specifically has problems with Sections 12, 6 and 7 of the agreement.

Upon inquiry by Commissioner McLain, Mr. Zaitooni advised staff has received a lot of complaints from both the public and the Sanford/Orlando Airport about the Airport Boulevard crossing.

County Attorney, Robert McMillan, advised the problem is the road does not cross over the tracks - the road goes up to the tracks, stops, and continues on the other side. He said the County has no leverage with the railroad company. The railroad really prefers that there is no crossing at all.

Commissioner McLain stated he supports the Chairman's concerns and would encourage him to work with the County Attorney to solve the problem with the railroad company; but believes this agreement should be approved at this time. Discussion ensued.

Commissioner Henley stated he will withdraw his motion to deny approval of the agreement if the Board supports pursuing negotiations with the railroad on the language for future agreements. Commissioner Van Der Weide agreed to withdraw his second.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to direct the County Attorney and County Manager to negotiate with CSX with regard to language included in their crossing improvement agreements with the County.

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

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize the Chairman to execute the Railroad Crossing Improvement Agreement, as shown on page _________, for upgrading the railroad crossing surface on East Airport Boulevard, east of Sanford Avenue, from the existing timber/asphalt to a full depth rubber crossing.

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

Purchasing Manager, Kelly Loll, addressed the Board to advise the Purchasing Division, along with the Seminole County School Board and the Academy of Construction Trades (ACT), have worked together to develop a youth apprenticeship program for vertical construction.

Commissioner Maloy left the meeting at this time.

Bob Fladick, representing the School Board, addressed the Board to speak in support of the program.

Chairman Henley stated this program will give more opportunities to the youth of the County, giving them practical on-the-job training under master electricians, carpenters, etc.

Upon inquiry by Commissioner Morris, Ms. Loll advised a report will be submitted on an annual basis to the County on how well the program works.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize staff to incorporate the Youth Apprenticeship Vertical Construction Program into Seminole County's vertical construction bid documents for contracts over $100,000.

Under discussion, Commissioner Van Der Weide expressed his appreciation for all the work done on this program, stating this will benefit the young people in the community.

David Beasley addressed the Board to advise he has been involved with this program since 1992. He said this provides an opportunity for the County's young people to receive an education.

Commissioner Maloy re-entered the meeting at this time.

Commissioner McLain expressed his concern that the School Board has not come "on board" with the program. He said he feels they should incorporate this into their building program. Whereupon, the Chairman agreed with Commissioner McLain.

Mark Reicher, Pizzuti Construction, addressed the Board to state they hope to offer this program to other agencies.

Commissioner Morris suggested the Board authorize the Chairman to send a letter to the School Board promoting this program to them.

The Board voiced no objections to staff drafting a resolution for the October 26, 1999 meeting, to be sent to the School Board, the cities, and other agencies urging them to consider implementing this program.

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

Senior Planner, Gary Schindler, addressed the Board to present request for a Final Master Plan Review for Palm Valley Mobile Home Park Section 8 PUD, Sherwood Newport Capital. He advised staff recommends approval of the plan and the Developer's Commitment Agreement.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve the Final PUD Master Plan and the Developers Commitment Agreement, as shown on page _______, for the Palm Valley Mobile Home Park Section 8, located east of Alafaya Trail (SR 434) and northeast of Park Road, Sherwood Newport Capital.

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

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Mr. Schindler presented request for Final Site Plan Approval for McKee Construction PCD, Bobby Von Herbulis. He advised staff recommends approval of the Site Plan and the Developer's Commitment Agreement.

Bobby Von Herbulis, applicant, addressed the Board to discuss the stipulation relating to a contribution to the trail fund on page 10 of the commitment agreement. He advised they have agreed to dedicate five feet along the frontage of CR 15 and, therefore, would not be contributing to the trail fund. Whereupon, Mr. Schindler concurred with Mr. Von Herbulis.

Commissioner Maloy left the meeting at this time.

Current Planning Manager, John Dwyer, addressed the Board to advise staff will correct the commitment agreement to reflect the five-foot dedication before it is executed by the Chairman.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve Final Site Plan and Developer's Commitment Agreement, as shown on page ________, as amended, for the McKee Construction PCD located on the southwest corner of CR 15 and Monroe School Road, Bobby Von Herbulis.

Districts 2, 3, 4 and 5 voted AYE.

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Mr. Dwyer presented request to advertise and schedule public hearings for consideration of amendments to the Land Development Code.

Commissioner Maloy re-entered the meeting at this time.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize scheduling and advertising public hearings as required by State law for the adoption of Amendments to the Seminole County Land Development Code.

Under discussion, Director of Planning & Development, Frances Chandler, addressed the Board to briefly discuss the amendment dealing with private schools.

Commissioner Maloy requested staff review the number of bedrooms for bed and breakfast inns because he believes the number should be higher.

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

Commissioner Morris advised the Board that the agreement with the Pizzuti Company approved by the Board on August 10, 1999 has still not been completed and forwarded to Pizzuti. However, after discussion with Ms. Coto, he has been told it will be forwarded within the week. He commented that this should have been done a lot sooner.

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

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

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

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to sign all Grant Documents, as shown on page _______, pertaining to the award of $179,823 in the State of Florida, Department of Transportation DUI Enhancement Grant funds; and to increase the Sheriff's Office FY 1999/00 Budget in the amount of $111,445 by adopting appropriate Budget Amendment Resolution #99-R-142, as shown on page _________.

Under discussion and upon inquiry by Chairman Henley, Penny Fleming, Sheriff's Office, addressed the Board to advise the Sheriff's Office does track the grants in-house and has been working with Fiscal Services on same. She further advised she will provide a summary of the status of all grants and the impact on future budgets for review by the Chairman.

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

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The Board, thereupon, recessed at 11:28 a.m., reconvening at 1:29 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen.

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

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to M-1A (Very Light Industrial); property located on the east side of Timocuan Way, south of General Hutchinson Parkway; Mike Hattaway, on behalf of owners Leroy and Marie Cullen, received and filed.

Senior Planner, Gary Schindler, addressed the Board to present the request for the purpose of permitting an office and warehouse. He stated staff has no objections to the rezoning to M-1A.

Mike Hattaway, representing the property owners, addressed the Board to answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-44, as shown on page __________, rezoning property located on the east side of Timocuan Way, south of General Hutchinson Parkway, from A-1 (Agriculture) to M-1A (Very Light Industrial), with staff findings; as described in the proof of publication, Mike Hattaway, on behalf of owners Leroy and Marie Cullen.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to C-3 (General Commercial and Wholesale); property located on the east side of Timocuan Way, 300’ east of the south end of Timocuan Way, Herman Fields, on behalf of the owner Charles Beal, received and filed.

Mr. Schindler presented the request for rezoning for the purpose of permitting a contractors trade shop, with associated equipment storage. He advised that staff has received a couple of calls from residents to the south in Longwood concerned about whether access to the property would be via their residential neighborhood. He assured them that staff would not support any kind of connection to the residential streets. He said at the end of Timocuan, there is an easement back to this property and that will provide the access to the property. Also, he said there is a wall that is partially constructed from Timocuan East that will be continued along this property. He said staff has no objection to the requested rezoning to C-3.

Commissioner Morris inquired about the passive buffer and setback requirements.

Current Planning Manager, John Dwyer, addressed the Board to state staff assumes even with the 50-foot setback, if the applicant builds a new building, that will be set back even further than the existing building to the west.

Al Land, Land Engineering, addressed the Board to state he is present to answer any questions. He advised Commissioner Morris that he will be utilizing the existing building on the side which is close to 100 feet away from the property line and abutting up to a 7’ masonry wall.

Commissioner Morris asked Mr. Land if he would be willing to enter into a developer’s agreement that the future use will be to use a 100-foot setback. Mr. Land said he didn’t think the owner would have any objections to that. He asked if the development order could be worded that a new building would be no closer than the existing building.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-45, as shown on page __________, rezoning from A-1 (Agriculture) to C-3 (General Commercial and Wholesale) property located on the east side of Timocuan Way, 300’ east of the south end of Timocuan Way; as described in the proof of publication, Herman Fields, on behalf of the owner Charles Beal, with staff findings per discussion today.

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

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 PCD (Planned Commercial Development); property located on the east side of SR 434 at the intersection of Gate Way Drive, ¼ mile north of the Maitland Interchange, F. F. South and Company, Inc., received and filed.

Mr. Schindler presented the request to rezone the property, to approve the associated preliminary site plan, and to approve the development order placing staff-requested conditions upon the rezoning and site plan approval. Mr. Schindler gave an overview of the project as outlined in the staff report. He stated this request originally went to the Planning and Zoning Board in January of this year and is now coming back to the BCC because there were a number of issues involving the alignment of Arletta Street. He said he understands that County Engineer, Jerry McCollum, has been involved in that. He said the site plan does show an alignment of streets through the shopping center. The other issue is whether this is a development of regional impact. Staff has looked at the criteria and staff feels this falls below the 80% threshold and is not a DRI. Staff has no objections to the rezoning or the proposed preliminary site plan. Mr. Schindler said staff received a fax late yesterday afternoon from the applicant requesting that Item (3)(b) of the development order be deleted and that there be no set hours of operation. Mr. Schindler stated there are residential neighborhoods to the north and staff feels that the presence of 24-hour operations could be injurious to these residential areas and that is the basis for staff’s requirement that there be no 24-hour operations.

Commissioner Morris asked if staff would feel the same about the 24-hour operation if the applicant did not have commercial deliveries occurring during the hours noted from 7:00 p.m. to 9:00 a.m. Current Planning Manger, John Dwyer, said yes, staff would feel the same. He explained staff feels traffic is an impact and lights from the businesses going into the residents’ back yards would be of concern.

Commissioner Van Der Weide questioned if the neighborhood is saying this is a problem. He said he does not see it as a problem, and in his community, they very much appreciate that they can go to one of these 24-hour stores. He said he would hate to limit the people access to a 24-hour store when a need for one might arise.

Commissioner McLain said the Board held a public hearing earlier this year concerning a development on Red Bug and Dodd Roads for a 24-hour operation and he thinks that is why staff has had a little more concern about this. At that time, the Board showed concern and wanted to have more active involvement in making that decision. He thinks when they deal with community shopping centers, like this, the Board needs to be as consistent as possible because it is only fair to the communities, developers of the property, and companies like Eckerds and Walgreens to know the feelings of the Board.

Commissioner Maloy stated according to the site plan, all the buildings face away from the homes, and he assumes the activities of the businesses would be in front of the shops in the parking lot. He said this is different from the Red Bug development.

Attorney Ken Wright, representing F. F. South & Company, addressed the Board to state this is a site plan which is the product of a number of meetings with staff, the P & Z, and the City of Altamonte Springs. He said there is no liquor proposed for the Walgreens store, but it is proposed to have a drive-through prescription service. He thinks the change can be accomplished with amending Item (3)(b) to state the hours of operation for the northernmost row of buildings are limited 7:00 a.m. to 11:00 p.m.; otherwise, limit to 24 hours for the others. He stated this site sits on SR 434 where it would be desirous for the City of Altamonte to have a realignment of Arletta Street and make the connection to the western extension on the other side of SR 434. Since the January P & Z meeting, he has worked with the City to try to come to an agreement where this could be accomplished. He explained his client has a shopping center design and putting a road through that will impact this project in terms of square footage and how to quantify that loss in a dollar amount has yet to be resolved. He suspects that over the next couple of weeks they will be able to resolve all the issues. He said his client is the contract purchaser and has legal commitments with regard to this property and the economic viability is at stake to go forward. He said he will continue to work with the City of Altamonte Springs to see if the issue regarding the Arletta alignment can be resolved.

Upon inquiry by Commissioner Morris, Mr. Dwyer said to his knowledge open space has been adjusted to reflect 35%. Commissioner Morris discussed with Attorney Wright the impact on the green space if Arletta Street is realigned.

Upon inquiry by Commissioner Maloy, Attorney Wright displayed a map (not received and filed) and showed what the realignment of Arletta would entail.

Attorney James Fowler, representing the City of Altamonte Springs, addressed the Board to state Arletta Street runs to the east to Keller Street and it would provide an alternate route east to west that runs through 400 to 500 acres of property that is to be developed. He showed the route on a map (received and filed) of the area. He also showed the now preferred alignment Plan B on the map if they cannot work out matters with Mr. Kling or F. F. South. He stated he has indicated to staff via letters sent on September 10 and October 6, 1999, that this project does need to have a binding letter from the Department of Community Affairs to address whether this is a DRI or not. He noted that the 33 acres is in excess of 32 acres and this property is to generate in excess of the Level of Service (LOS) E on SR 434. He said staff has requested that the applicant be required to six lane SR 434. He stated if you look at the trips already vested for projects approved, you will find impacts exceed the suggested recommendations. Those vested trips have not been added to the existing trips on SR 434. When they are added in, the improvements to SR 434 will need to be extended further north. (A chart on the level of service was received and filed.) Attorney Fowler said they have no objection to the zoning but with the consequences that have yet to be addressed.

Commissioner Morris discussed with Attorney Fowler that the City will face the same situation with the applicant as now with the County. Attorney Fowler said the City expects that this would be a DRI and they understand that whichever project is built first will allow the second project to be able to take advantage of any improvements made. He said if the County does not do so, he would recommend that the City address the issue of the DRI with DCA. Discussion ensued.

Attorney Fowler requested to have an expert witness address the Board regarding requirements of the development order for this project. Whereupon, the Board determined they did not have the most recent copy of the development order that was provided to Attorney Fowler.

Planning and Development Director Frances Chandler addressed the Board to state a memorandum was distributed with the revised development order attached.

Chairman Henley recessed the meeting at 2:40 p.m. to obtain copies of the memorandum and review it. The meeting was reconvened at 2:51 p.m. Commissioner Maloy did not return to the meeting at this time.

The Board received copies of the memorandum dated October 7, 1999, from Ms. Chandler with the revised Development Order attached including Conditions (3)(i), (j) and (k). (A copy of the revised Development Order was received and filed into the Record.) Chairman Henley asked the Board to first determine whether they believe this project as presented meets the threshold for a DRI.

Commissioner Maloy reentered the meeting at this time.

Upon inquiry by Chairman Henley, Attorney Fowler stated he agreed with these conditions which could be changed at the concurrency hearing which is not before the Board at this time. Attorney Wright stated he understands that a preliminary concurrency review was done and these were conditions agreed upon.

Upon inquiry by Chairman Henley, Ms. Chandler stated staff reviewed the criteria and felt the project was below the 80% criteria to meet a DRI threshold, and that is why staff did not believe the project needed a binding letter from DCA.

Upon inquiry by Commissioner Morris, County Engineer, Jerry McCollum, addressed the Board to state relative to the level of service, that the only place he would have any concern would be around the project site itself. However, because their preliminary review has required the six laning, the difference between the four-lane Level of Service E and six lanes would probably keep this below the threshold. He said once you go north of Trailwood Drive, the impact of this site is only around 2% to 3%. He advised the Board to move forward with the understanding that this is a preliminary review and not a final concurrency review. He added there are other things they need to look at when the information is available.

Commissioner Henley surrendered the gavel to Vice Chairman Maloy for the purpose of making a motion.

Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to uphold the staff findings that this project does not meet the threshold for a DRI.

Under discussion, Commissioner Henley stated the project has to go through concurrency and if it comes with changes and a significant impact, the applicant will have to come back for a public hearing.

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

Commissioner Maloy returned the gavel to Commissioner Henley to resume the duties of Chairman.

Earl Mike, 784 Arletta Street, addressed the Board to question if the County has a code reference to alcoholic beverages and establishments within a certain distance to a church or school. He pointed out on the map the location of his property. Staff answered that the distance is 1,000 feet. Commissioner Morris added that this is a requirement for those establishments with sale and consumption of alcoholic beverages on site. Mr. Mike further expressed his concern for the 24-hour operation and deliveries and asked would there be a brick wall. Mr. Dwyer answered that there is no requirement for a wall to the south on Mr. Mike’s side of the street.

Commissioner McLain requested Mr. Mike’s name be added for notification of the final site plan hearing. He advised Mr. Mike that the Board will want to protect his residential interest, and the Board has requested the developer to do things to be a good neighbor. He asked Attorney Wright to meet with Mr. Mike after the meeting.

Tim Wilson, City of Altamonte Springs, addressed the Board to submit to the Record and to Commissioners back-up information to Attorney Fowler’s presentation.

Clif Tate, 2502 Saginaw Tr., Professional Engineer with Kimley-Horn & Associates, under contract with the City of Altamonte Springs, addressed the Board to review the significance of the traffic impact of the proposed development. Whereupon, Commissioner Morris asked Attorney Fowler if the information submitted will suffice at this time. Therefore, Mr. Tate gave no other comments.

Attorney Wright responded to comments on the hours of operation and delivery hours. He said they concur with the staff recommendations and conditions.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Morris stated when this project comes back, he hopes Attorney Wright will consider the signage, green space issues potentially on the back side, and lighting standards affecting Mr. Mike and the other residences.

Commissioner Henley surrendered the gavel to the Vice Chairman for the purpose of making a motion.

Motion by Commissioner Henley, seconded by Commissioner Morris, to adopt Ordinance #99-46, as shown on page __________, rezoning from C-1 (Retail Commercial) and A-1 (Agriculture) to PCD (Planned Commercial Development); approve the associated Preliminary Site Plan; and approve Development Order, as shown on page __________, with adjustments to Item (3)(b), hours of operation of the businesses in the northernmost row of buildings shall be limited from 7:00 a.m. to 11:00 p.m. and including Items (3)(i), (j), and (k) as submitted in the revised development order; property located on the east side of SR 434 at the intersection of Gate Way Drive, ¼ mile north of the Maitland Interchange; as described in the proof of publication, F. F. South and Company, Inc.

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

Commissioner Morris stated he has a family obligation and will have to leave the meeting. He asked the Chairman if he could present two items at this time, and Chairman Henley had no objections.

Commissioner Morris stated road widening is ongoing on CR 427 at the intersection and C-15 which is at Hampton Park Subdivision. The wall there is at 4, 6, and 8 feet, and when the road is widened, it will have a direct impact on the homes. He said he has worked with the homeowners and spoken with staff about adding on an additional two feet, depending on where you are on those portions of the road, to make it standard at 6’ and in some places it may be up to 8’. He said the only other alternative is to tear out the entire wall and that would be a $200,000 misadventure. He wanted to alert the Board to this problem.

Mr. McCollum stated Commissioner Morris brought this to his attention and he needs the full Board approval to talk with the property owners and contact the contractor to get a change order done.

The Board had no objections to staff proceeding forward.

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Commissioner Morris inquired if it was the Board’s intent at the budget hearing to eliminate the purchase of the Shenadoah property or if, based upon revenue adjustments coming in within the next month or two, that the money may be applied to the purchase. He said Central Florida H.A.N.D.S. may move forward on retrofitting the structure.

Chairman Henley responded at budget, the question dealt solely with moving funds earmarked for the purchase to the other purpose and there was never any direction on not funding the purchase later.

Commissioner Van Der Weide said he thinks the purchase still makes sense.

Commissioner McLain said he has spoken with the County Manager since that time and they still do not know what other property is available. Staff has not done any inventory around the Five Points location. He said until the Board knows that, he cannot support spending that kind of money on that parcel, knowing they will have to tear it down and clear it. He said until he gets clarification from the County Manager that there is not a better deal to expand the County sites or the jail, he cannot support the Shenadoah purchase.

Following more discussion with Commissioner McLain, Commissioner Morris stated there is a consensus for staff to continue discussion with H.A.N.D.S. and see what the discussions are like that come back to the Board.

Commissioner Van Der Weide left the meeting at this time.

Chairman Henley stated Commissioner Van Der Weide wants the Board to continue to explore the purchase and he supports Commissioner McLain’s comments.

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Commissioner McLain stated he received a copy of the letter from Chairman Tizzio of the Disability Board that disturbs him greatly. He asked for the Board’s consensus to have the County Manager to look into this matter. Chairman Henley stated he has spoken to Chairman Tizzio and he thinks there have been some subsequent meetings to resolve this issue. Mr. Grace said he has already met with Mr. Tizzio on this matter.

Commissioner Morris left the meeting at this time, 3:35 p.m.

Commissioner Van Der Weide returned to the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning the 20-foot wide alleyway lying common between Lots 1 through 8 and Lots 9 through 16 (less the easterly 10 feet between Lots 1 and 16); property located at the southwest corner of SR 419 (Chuluota Road) and Eleventh Street, Don King Concrete, Inc., received and filed.

Planner, Cynthia Sweet, addressed the Board to present the request for vacation of right-of-way needed to prevent potential cloud of title caused by building into the platted alley upon combining the sixteen lots into one building site. She said staff recommends adoption of the resolution to vacate and abandon the right-of-way.

David Allen, Allen Craig Civil Engineering, addressed the Board to state Lots 1-4 and 13-16 are zoned commercial and that is where they plan to put their building. He described further the project and said Lots 5-8 and 9-12 are zoned residential and Lots 9-12 will be the retention pond. The development will be at the east side in the commercial area.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, adopt appropriate Resolution #99-R-140, as shown on page __________, vacating and abandoning the 20-foot wide alleyway lying common between Lots 1 through 8 and Lots 9 through 16 (less the easterly 10 feet between Lots 1 and 16); property located at the southwest corner of SR 419 (Chuluota Road) and Eleventh Street; as described in the proof of publication, Don King Concrete, Inc.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider vacating and abandoning a 25-foot wide by 120-foot deep alleyway lying directly west of and adjacent to Lot 25 of the Harden’s Addition; property located south of First Drive, generally east of Summerlin Avenue, William and Jammie Hardy, received and filed.

Matt West, Development Review, introduced new Senior Planner John Omana, who presented the request. Mr. Omana stated the vacation of right-of-way is requested to facilitate construction of a carport and have it comply with the required 10-foot side yard setback. He said the applicant has agreed to dedicate to the County a 10-foot wide drainage, utility and access easement along the western side of the alley.

that Bell South has lines running through this alley.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #99-R-141, as shown on page ___________, vacating and abandoning a 25-foot wide by 120-foot deep alleyway lying directly west of and adjacent to Lot 25 of the Harden’s Addition; property located south of First Drive, generally east of Summerlin Avenue; as described in the proof of publication, William and Jammie Hardy, with staff recommendations.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider enacting ordinances amending (1) Chapter 40, Seminole County Code, adopting the 1997 Standard Building and Mechanical Codes; and (2) Chapter 85, Seminole County Code, adopting the 1997 National Fire Protection Association Standard 101 and the 1997 Standard Fire Prevention Code.

Ms. Chandler advised of correction to the Ordinance amending the Standard Fire Prevention Code, pages 3 and 4, Section 503.2.6, Response to Alarms, Corrective Actions, Reports Required and Fees Charged. She recommended the Board delete this section from the Ordinance pertaining to fees.

Commissioner McLain left the meeting at this time.

Ms. Chandler stated if the Board desires, staff can bring back a Fee Resolution rather than adopt fees in the ordinance in this form as presented.

Commissioner McLain reentered the meeting at this time.

Ms. Chandler explained that typically the Board does not adopt fees as part of the Code. Ms. Chandler introduced new Building Official, Larry Goldman.

Mr. Goldman presented the requests to adopt the two Ordinances amending the Seminole County Code.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt Ordinance #99-47, as shown on page __________, amending Chapter 40, Seminole County Code, adopting the 1997 Standard Building Code; and adopt Ordinance #99-48, as shown on page __________, amending Chapter 85, Seminole County Code, adopting the 1997 Standard Fire Prevention Code, as amended; as described in the proof of publication.

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

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

Chairman Henley advised he received a letter from Janice Ferrell, and he thinks it is important for the Commission to acknowledge receipt and call attention to a Judge regarding it. Commissioner McLain said he asked the County Attorney’s Office to look into it for a response. Mr. McMillan said he read the letter and his office was aware of the problem. He said he received another letter last week. He explained how eminent domain works and said it is up to the Court to determine who gets the money in such cases.

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Chairman Henley advised he has spoken with Orange County Chairman Martinez concerning reports in the newspaper regarding the Beltway and advised him that anything that takes place regarding the Beltway, the Seminole County Commission will take care of it. Chairman Martinez apologized and said they will not proceed forward without the Seminole County Commission’s input. He called in the County Manager and County Engineer regarding his report. Mr. McCollum indicated some of the maps were new and they had not seen them. Chairman Henley said he felt it best to reconvene a meeting of the Expressway Authority and allow the people to present new maps to the Authority. He said Mr. Marino will be contacting the Board with an update.

Commissioner McLain stated it is important for the Board to have input and they want to be part of the decision-making process.

Chairman Henley said unless there are objections, his intent is to contact the Lake County Board Chairman also, as they all need to work together and not try to impose something on another County.

Mr. Grace said he believes the letter was provided this morning that has the date for the Expressway meeting.

Commissioner Henley said he had communication with property owners in the Howell Branch Road area. He said part of the problem is with the wall that has fallen into disrepair and the County is required to replace the wall. Mr. McCollum had a meeting to discuss replacing the wall and there were some individuals who questioned whether the County needs to proceed. Property owners and ones who actually live on the road don’t want the delay. They want to see if Orange County will replace the wall or if the people would be amenable to a MSBU. He said as the District Commissioner, he is not willing to delay that long. He said Orange County may be interested in doing something. This is being dealt with by staff and he will keep the Board apprised.

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Commissioner Maloy stated it was brought to his attention by Natural Lands staff that there is available over 200 acres of property on the north side of Lake Mills. He said Mr. Triece has said there is a short window of opportunity for the property as the price will begin moving up in about three months.

Ms. Chandler said staff did visit the site and it was substantially more disturbed than they had been led to believe, and there was much more pastureland than natural habitat.

Commissioner Maloy said there were some concerns about horse uses. He thought staff could look at the property and see if the City of Oviedo would be interested in a partnership. There is also the potential of restoration. He thought this was something worthy of further review.

Upon inquiry by Commissioner McLain, Ms. Chandler stated the property was not included in any initial analysis for ranking. She advised Commissioner Maloy that staff can bring back an analysis at any time. She said staff does continue to look for properties that might have special concern and will bring that to the Board; however, they found this property so disturbed that they didn’t think it was something to bring back.

Commissioner Maloy said he would like to see more details. Commissioner McLain requested staff to also bring back all information on unpurchased sites already ranked and priorities and how this site fits into that mix. Commissioner Maloy added to include an assessment of how much money is left.

Commissioner McLain said this property has potential but maybe on the park side. Whereupon, Chairman Henley asked staff to look at all the possibilities as they explore the property.

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Commissioner Maloy said for the last few months, especially for Highway 17-92 in the Fern Park area, the County has spent a lot of money on landscaping to try to improve it. He said he will not support anymore landscaping projects until they can get a handle on maintenance, especially on 17-92. He said in front of the Chevron Station and just about every other business, there are dead plants and weeds growing in. He said he is suggesting that if the Board spends 3% and not take care of the landscaping, this is not a good idea.

Commissioner McLain said the contractor will be held accountable to make sure they do come back and replace the plants. He said County staff needs to make sure they are held accountable. He said the County has a process and they need to landscape the roads and expect them to be maintained.

Chairman Henley said he thinks this is a valid concern and he hopes the County Manager gives the Board a report on those areas and any others the Commissioners notice.

Mr. Grace stated he has had a couple of complaints also from some of the cities about maintenance and weeds growing up. He said he will contact Mr. Marino and followup with the Board.

Commissioner Van Der Weide said he was appalled at the amount of money put in and the results they are getting at this point. He agrees that something needs to be done.

Commissioner McLain said he wants to know how much money has been spent on landscaping on 17-92.

Commissioner Van Der Weide requested copies of the CRA minutes.

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Commissioner Maloy stated a transportation exposition is at the Orange County Civic Center and is the largest display of transportation products and services in the world. He said this will be held tomorrow from 9:00 a.m. to 3:00 p.m. and is a free admission.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:22 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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