The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:17 a.m. on Tuesday, October 13, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Grant Maloy (District 1)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)(late)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Gary Kaiser, County Manager, addressed the Board to advise that the Web Presentation/Purchasing has been pulled and will be brought back at the 10/27/98 meeting.

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Mr. Kaiser advised that the new equipment for videotaping the BCC meetings will be installed before the October 27 meeting and hopefully there will be no problems.

Cindy Coto, DCM, and Bob Briggs, Acting Environmental Services Director, addressed the Board to advise during the past month, staff has been having discussions with UCF relative to the Business Plan for water and sewer. Ms. Coto reviewed the elements of the discussions as outlined on page 2 of the Agenda

Memorandum. She stated UCF has indicated that they wish to reserve reclaimed water service from Seminole County and they are willing to pay 45 cents per 1,000 gallon. She also said UCF is willing to provide approximately 5 acres of their property in order to build the necessary infrastructure to provide reclaimed water.

Commissioner McLain entered the meeting at this time.

Ms. Coto continued by discussing established tangible and intangible benefits for the eastern area of the County; unallocated capacity at the Iron Bridge facility; and eventually providing service to the City of Oviedo. She added staff has discussed this issue with the City of Orlando and Orange County and they have not expressed any opposition to this arrangement. If the Board wishes to pursue entering an agreement with UCF, staff feels that the County should enter into a formal agreement with the City of Orlando as well. She stated Orange County has indicated that they would like to enter a territorial agreement.

Upon inquiry by Commissioner Adams, Ms. Coto advised if the City of Orlando took a position of not providing reclaimed water or not allowing the County to tie into their connection point, the County doesn’t have the means to provide reclaim water other than through the Iron Bridge facility. The County could find another connection point that is a County-owned connection point but additional monies would be expended. She stated if the County failed to enter into a territorial agreement with the City of Orlando, she cannot project as to what they may or may not do.

Upon inquiry by Commissioner McLain, Ms. Coto advised in each of the wholesale agreements with other entities, staff has looked at what they are providing to the County in return for what the County can provide to them. The UCF capacity is being provided at a lesser rate than the County has provided with the municipalities and Lutheran Haven. Some of the considerations that were taken into account were they were providing the County with property to build some of the County’s infrastructure. Discussion ensued.

Commissioner Van Der Weide stated he would like to know what is in the agreement that may get the County into trouble with the municipalities.

Chairman Morris stated UCF originally was going to build a plant themselves, but the County is saving them a significant amount of capital investment. The County is the service provider of choice. He added he doesn’t believe there is any opposition from any of the parties as everyone sees this as a win-win situation because of the location. The St. Johns River Water Management District supports this project and this will allow the County to help the City of Oviedo with their utility challenges and to continue to protect the water resources. He stated he would recommend moving forward with this as the time frame is very limited because of their continuing buildout of the University.

Motion by Commissioner Adams to authorize staff to move forward with finalization of a Wastewater and Reclaimed Water Agreement with UCF, the City of Orlando, and Orange County for formal presentation to all respective boards.

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

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

The gavel was returned to the Chairman.

Chairman Morris advised that this issue has actually been resolved, but Cindy Gennell, Chairman of the Greenway Trails Task Force, is here to briefly discuss her concerns.

Frances Chandler, Planning & Development Director, addressed the Board to state one of the issues that the Task Force was interested in was continued funding and they wanted to make sure that was included in the County’s legislative program.

Cindy Gennell addressed the Board to state the funding for the second phase of the Cross Seminole Trail did not get funded and the Task Force was very concerned. She stated the Task Force is recommending that the County look into a professional grant rider. She added the Task Force would like to see if the Board could get the Greenway Trails on the priority list with the lobbyist.

Lonnie Groot, Deputy County Attorney, and Ms. Chandler stated staff attempted to mediate with the City of Winter Springs under the interlocal agreement and the City refused.

Chairman Morris surrendered the gavel to Vice Chairman Adams and left the meeting at this time.

Mr. Groot stated the Cities of Oviedo and Winter Springs representatives and developer met with staff to discuss settlement over the last several weeks. He reviewed the following initial elements of the proposed settlement: Winter Springs will not involuntarily annex any property north of SR 434 and east of the Battle Ridge properties; Winter Springs will cease voluntary annexation within the eastern area, provided the City of Oviedo also adopts a provision in their Comprehensive Plan relative to voluntary annexation; the Cities of Oviedo and Winter Springs would agree not to annex any property within the eastern area; Winter Springs will acknowledge that the County’s urban boundary, as it exists today, is appropriate as well as the water service and will agree with the objective, goals and policies of the County’s Comprehensive Plan; Winter Springs would agree to provide police, fire protection and adequate fire flows for the Battle Ridge properties; provisions of water and wastewater services for the Battle Ridge property shall not provide justification for any further annexation to the eastern area; all parties have agreed to protect the lifestyle and land uses, basically in the Black Hammock area; with respect to the eastern area, all parties have agreed that any plan amendment following annexation would have to be consistent with the policies of the County’s rural area plan as provided in the Comprehensive Plan; the City of Oviedo and the County would dismiss the challenge of the Battle Ridge Amendment; and all of the parties would bear their own cost.

Ms. Chandler stated one of the most essential things the County wanted to ensure was that there would be an annexation boundary in an urban service area as part of the Winter Springs’ plan.

Upon inquiry by Commissioner Maloy, Mr. Groot advised staff will be drafting a final settlement document and bringing it back at the next Board meeting.

The Board had no objections for staff to finalizing the settlement document and bringing it back at the next meeting.

Chairman Morris reentered the meeting at this time.

Commissioner Morris stated the City of Oviedo has scheduled a closed session on October 19 and he would like to see what comes out of that meeting. Mr. Groot stated whatever the City of Oviedo has determined, staff will try to conform to the results.

The gavel was returned to Commissioner Morris, who assumed the position of Chairman.

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Mr. Groot submitted a copy of a memorandum relative to the Chuluota Small Area Study Challenge. He stated a compliance agreement has been entered with the Dept. of Community Affairs (DCA) in which the County has agreed to conduct and transmit a small area study by November 1. He said there have been several community meetings and a lot of data and community input has been collected. He added he feels that it would be prudent to allow staff to have additional time to make a better "end" product to be transmitted to DCA. The DCA is encouraging the County to take additional time on this issue and have agreed to a new transmittal deadline on or before December 31, 1998.

Ms. Chandler stated staff added an additional community meeting to the process and this puts everything back further. She said since the Planning & Zoning meeting is scheduled for next week, she feels it would be prudent to have a little extra time to respond. She stated staff is anticipating that this issue would be presented to the Board in November.

Mr. Kaiser left the meeting at this time.

The consensus of the Board was to accept the offer of the DCA to extend the deadline date for transmitting the Chuluota Small Area Study to the DCA.

The Chairman surrendered the gavel to the Vice Chairman and left the meeting.

Cindy Hall, Fiscal Services Director, addressed the Board to advise that the amount for Item #11, BCR 98/166, should read $303,000.

Commissioner Morris reentered the meeting at this time.

Mr. Kaiser reentered the meeting at this time.

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

1. Approve and authorize Chairman to execute a change to the recent commencement date to the Second Amendment, as shown on page ________, between Seminole County and Reflections at Hidden Lake, Inc. for the Environmental Services space.
2. Approve and authorize Chairman to execute Lease Agreement, as shown on page ________, between Seminole County Government and The Greater Construction Corp. for lease space in Goodings Plaza for the County’s Community Services Department.
3. Approve and authorize staff to forego $695 rent in arrears on County-owned property located at 511 East 25^th St., Sanford, leased to Ahoy Marine.

 

COUNTY MANAGER

4. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _________, on property located at 2801 Summer Brooke Way, Casselberry, Fl (Case #96-15-CEB), Dino F. & Marjorie DeMontis.

 

ECONOMIC DEVELOPMENT

5. Approve and authorize Chairman to execute Renewal of Agreement, as shown on page ________, between Seminole County and Seminole Community College (SCC) providing $100,000 for continuation of the Central Florida Business Incubator Center (CFBIC) as approved in the FY 98/99 Budget.

 

ENVIRONMENTAL SERVICES

6. Approve Third Renewal, as shown on page ________, of the Agreement with the St. Johns River Water Management District (SJRWMD) for participation in the abandoned artesian well plugging program; and authorize Chairman to execute same.

 

FISCAL SERVICES

7. BCR 98/160 - $45,986 – Public Safety – Tornado 98: Fund 00100 – General Fund. To place funds into the appropriate account line to reimburse the Solid Waste Division, City of Casselberry, City of Apopka and the City of Sanford for services they provided to Seminole County’s rescue and clean-up efforts following the tornado in February 1998. Funds are 87½% reimbursable through FEMA and State sources.
8. BCR 98/161 - $4,539 – Public Safety – Emergency Communications: Fund 00100 – General Fund. To provide funding for Deltex Power Works UPS System for 911.
9. BCR 98/162 - $100,000 – Environmental Services – Water & Sewer: Fund 40103 – Connection Fees – Sewer Fund. To provide funding for the evaluation of utility services for the University of Central Florida and the City of Oviedo as approved by the BCC on 8/25/98.
10. BCR 98/165 - $1,200 - County Manager – Community Information Officer Fund 00100 – General Fund. Accounting adjustment to provide funding for a portable lectern to be used by all County departments for public presentation.
11. BCR 98/166 - $303,000 – Public Works – Roads: Fund 10101 – County Transportation Fund. Accounting adjustment to provide funding to (1) expand the Oregon Ave. realignment project slope including major intersection work and environmental mitigation at SR 44; (2) close out the McNeil Road project; and (3) cover actual road materials and supplies expense for the fiscal year.
12. Budget Amendment Resolution #98-R-212, as shown on page ________, in the amount of $44,000, Department of Fiscal Services; Fund 00100 – General Fund. Comprehensive Planning is requesting that $44,000 in donations deposited into the General Fund be appropriated to be utilized for home reconstruction projects for FY 1997/98.
13. Budget Amendment Resolution #98-R-213, as shown on page ________, in the amount of $110,000, Department of Fiscal Services; Fund 00100-General Fund. Rebudget of grant for Local Mitigation Strategy as approved by the BCC on 9/22/98.
14. Approve and authorize advertising and scheduling a public hearing on December 8, 1998 for the purpose of adopting a resolution establishing Seminole County’s intent to adopt the uniform method of collecting non-ad valorem assessments.
15. Approve and authorize Chairman to extend the draw period of the SouthTrust Line of Credit for MSBU and other projects, by 18 months to April 1, 2000, and to execute all appropriate documentation, as shown on page ________.
16. Approve and authorize Chairman to execute the Grants-In-Aid Agreement, as shown on page _______, for Court Reporting Services to the 18^th Judicial Circuit, Seminole County, which provides $62,072 in partial funding for court reporting services.
17. Approve redirection of funding in the amount of $5,000 from Sanford Main Street to the Heritage Festival.

 

PURCHASING

Formal Contracts

18. Award DB-601-98/BJC-Design-Build Services for Econ River Wilderness Area Caretaker Residence, as shown on page __________, to Elizabethan Construction Services, Inc., Lake Mary ($82,750)
19. Accept and authorize Chairman to execute the Certificate of Completion, as shown on page ________, for FC-121-97/BJC-Bookertown Potable Water, with Linco Construction, Inc., Longwood.

Professional Services

20. Approve ranking list for PS-530-98/BJC-General Professional Consulting Services for Comprehensive Planning Socio-Economic Data Estimates and Projections, authorize negotiations, and award Master Agreement, as shown on page ________, to the top ranked firm, Dynamics Corp., Jacksonville (not-to-exceed $50,000).
21. Approve additional funds for PS-518-98/BJC-Engineering Services for Minor Roadways and MSBU Design ($200,000).
22. Approve and authorize Chairman to execute Amendment #5, as shown on page _________, to PS-332/BJC – Engineering Services for Lake Emma Road, with Bowyer-Singleton & Associates, Inc., Orlando ($33,538).
23. Approve and authorize Chairman to execute the Assignment, as shown on page _________, of PS-133 – Appraiser Services, from Bullard & Associates to Bullard, Hall and Adams, Inc., Daytona Beach (Consent to assign).

Request for Proposals

24. Award RFP-447-98/BJC, as shown on page _________, – Billing and Collection Services for EMS Transport, to Medical Claims Processors Group, Inc., Jupiter ($4.90 per case).
25. Approve and authorize Chairman to execute Amendment #4, as shown on page _______, to RFP-413-97/BJC – Custodial Services Annual Agreement, with A1A Cleaning Services, Longwood ($15,680).
26. Approve and authorize Chairman to execute the Assignment, as shown on page ________, of RFP-407-97/BJC – Real Property Appraiser Services, from Bullard and Associates to Bullard, Hall & Adams, Inc., Daytona Beach (Consent to Assign).

Other

27. Approve and authorize Chairman to execute Amendment #3, as shown on page ________, to M-46-98/BJC – Master 3 Year Computer Lease Agreement with MLC Group, Inc., Reston, Va. ($578,000 per year lease for equipment order for FY 98/99).
28. Approve Change Order #1, as shown on page ________, to PO #98002153 for nine aluminum transfer trailers purchased through the Joint Utilization of Southeastern Public Service Authority of Virginia Contract, #1FB98-0024 with Spector Manufacturing, Inc., St. Clair, PA ($58,500).

 

HUMAN RESOURCES

INSURANCE

29. Approve and authorize Chairman to execute Renewal, as shown on page _________, of Dental Coverage through American Dental Plan, Cancer/Disability through Professional Insurance Corp., and Flexible Medical and Childcare Program and COBRA Administration through Flex Comp of America, effective January 1, 1999.
30. Approve and authorize Chairman to execute Renewal, as shown on page _________, of Group Hospitalization Program with United Healthcare of Florida, effective January 1, 1999.

 

LIBRARY & LEISURE SERVICES

31. Approve and authorize Chairman to execute Contract, as shown on page _________, with Florida Library Association to produce Florida Library Youth Program materials.
32. Approve and authorize Chairman to execute the Soldier’s Creek Park Agreement, as shown on page _________, with the School Board of Seminole County.

 

COMPREHENSIVE PLANNING

33. Approve and authorize Chairman to execute an Amendment, as shown on page ________, to Subrecipient Agreement with Central Florida Community Development Corp. to provide commercial façade improvements to the Midway area of SR 46.
34. Approve and authorize Chairman to execute a Subrecipient Agreement, as shown on page _______, with The Grove Counseling Center, Inc.
35. Approve and authorize Chairman to execute funding Agreement, as shown on page ________, with the METROPLAN ORLANDO at a .75 per capita assessment.
36. Approve and authorize Chairman to execute Satisfaction of Mortgage, as shown on page ________, to recapture funds used to provide down payment assistance under the SHIP Ownership Assistance Program ($7,500).

CURRENT PLANNING

37. Approve a Special Event Permit for the "Buoniconti Fund" at L&L Acres property on Saturday, October 24, 1998 from 5:00 p.m. to 10:00 p.m.

 

DEVELOPMENT REVIEW

38. Adopt appropriate Resolution #98-R-214, as shown on page ________, vacating and abandoning 5’ of the rear 15-foot utility easement located at 1514 Thornhill Circle, Cobblestone Subdivision, Kevin & Laurie Mincemeyer.
39. Authorize Release of Performance Bond #1315295 for the Stone Borrow Pit II, Bishop & Buttrey, Inc.
40. Authorize Release of Performance Bond #100616187 for the Meade Borrow Pit, Hubbard Construction Co.

 

PUBLIC SAFETY

EMERGENCY MANAGEMENT

41. Approve and authorize Chairman to execute Local Mitigation Strategy Agreement Modification, as shown on page ________.

 

ENGINEERING

42. Adopt appropriate Resolution #98-R-215, as shown on page ________, and authorize Chairman to execute Subordination of Utility Interests Agreement, as shown on page ________, Florida Department of Transportation (FDOT), Parcel #127.2R, for the purpose of constructing/improving SR 436.
43. Adopt appropriate Resolution #98-R-216, as shown on page ________, and authorize Chairman to execute County Deed, as shown on page _________, for FDOT Parcel #271.1R for the purpose of constructing/improving SR 417.
44. Adopt appropriate Resolution #98-R-217, as shown on page ________, and authorize Chairman to execute County Deed, as shown on page ________, for FDOT Parcel #300.1 for the purpose of constructing/improving SR 417.
45. Adopt appropriate Resolution #98-R-218, as shown on page ________, and authorize Chairman to execute County Deed, as shown on page ________, for FDOT Parcel #203 for the purpose of constructing/improving SR 417.
46. Adopt appropriate Resolution #98-R-219, as shown on page ________, and authorize Chairman to execute County Deed, as shown on page ________, for FDOT Parcel #323.1 for the purpose of constructing/improving SR 417.
47. Approve and authorize Chairman to execute Purchase Agreement, as shown on page ________, for property necessary for the construction and maintenance of a sidewalk along a portion of Markham Woods Road, Linda Hagan McEwan and Barbara Hagan Jones.
48. Adopt appropriate Resolution #98-R-220, as shown on page ________, accepting QuitClaim Deeds, as shown on page ________, from Charles D. Knight and Margaret M. Knight, his wife; Terry B. Fischer and Patricia A. Fischer, his wife; Jonathan B. Jones, III, a/k/a Jonathan B. Jones, III; Charles R. Locklin, a/k/a Charles A. Locklin; Albert F. Saunders, Jr., as Trustee, Edward S. Saunders, a/k/a E.S. Saunders; Catharine S. Paisley, f/k/a Catharine S. Bowes; and Watkins A. Saunders, Jr., a/k/a W.A. Saunders, Jr., to Seminole County for the continued maintenance of Lake Cochran Road, a/k/a Cochran Road.
49. Adopt appropriate Resolution #98-R-221, as shown on page _________, accepting Sidewalk Easement, as shown on page _________, from Daniel F. Bott and Sharon Bott, his wife, to Seminole County to facilitate a sidewalk along a portion of Markham Woods Road.

 

TRAFFIC ENGINEERING

50. Adopt appropriate Resolution #98-R-222, as shown on page ________, to reduce the regulatory speed by time of day from 45 mph to 30 mph on Airport Blvd. at Wicklow Elementary School.

 

TOURISM DEVELOPMENT

51. Approve and authorize Chairman to execute Agreement as shown on page ________, between Seminole County and the Greater Chamber of Commerce for the Sanford Heritage Festival ($15,000).
52. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and the Scottish-American Society of Central Florida, Inc., for the Scottish Highland Games.
53. Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and the Central Florida Zoological Society, Inc., in the amount of $270,000.
54. Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and World Sports and Marketing, Inc. ($5,000).
55. Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and City of Sanford for promoting amateur softball tournaments ($1,500).
56. Approve and authorize Chairman to execute Agreement, as shown on page _________, between Seminole County and Seminole Soccer Club, Inc. ($25,000).

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

The gavel was returned to Commissioner Morris, who assumed the position of Chairman.

Mr. McMillan informed the Board that the amount for Item #1, Approve Purchase of Parcel 216 at a Tax Deed sale, should read $10,316.72, and the amount for Item #2, Approve Settlement Agreement, should read $1,300.

Discussion ensued relative to the appraised value of Item #1 and whether $10,316 is an adequate amount. After discussion, it was determined that a purchase amount up to $20,000 would be adequate.

Motion by Commissioner Maloy, seconded by Commissioner McLain to authorize and approve the following, as amended:

Property Acquisition

1. Approve purchase of Parcel 216 at a Tax Deed Sale in the amount of $10,316.72, up to $20,000, for CR 427, Phase I, road improvement project, The Heirs of the Estate of Irene White, owners.
2. Approve Settlement Agreement, as shown on page _________, relating to Parcel #117, located at the southwest corner of CR 427 and Palmetto Ave., Longwood, Florida, of the CR 427 Phase III road improvement project in the amount of $1,300, including attorney fees and costs, Centex Real Estate Corp. Fee simple of 73 s.f. at $17.80 per s.f.
3. Adopt appropriate Second Amended Resolution of Necessity #98-R-223, as shown on page ________, to CR 427, Phase V, road improvement project (from U.S. 17-92 to Hester Ave.). Amending 1 Temporary Construction Easement.

 

Litigation

4. Callin, et. al. v. Seminole County. Authorization to tender a County Deed reserving a statutory conservation easement to David M. Callin and Anna T. Callin. In 1992, the Villa Mills Replat was approved subject to the dedication of a conservation easement. David and Anna Callin alleged that County staff, through coercion, required a conveyance easement. It is clear that Myeong Cho executed and recorded the Warranty Deed in error. The proposed conveyance would return all matters to the status of the condition anticipated by the Development Order.
5. Seminole County v. Lord of Life Fellowship of Winter Springs, Inc., et.al. Settlement authorization is requested relating to Parcel #102, Tuskawilla Road, Phase IV road improvement project in the amount of $55,381.71, inclusive of land value, engineering and appraisal costs and attorneys fees, plus a County Engineering commitment to place an equalizer pipe under the entrance drive to the Church during construction. The owner is Lord of Life Fellowship of Winter Springs, Inc. (Church). 8.214 s.f. at $6.74 per square foot.

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

Mr. McMillan presented request to approve Contract for Campaign Information Services with Floridians for Fairness in Court Funding (Revision 7) in the amount of $88,838.

Commissioner Van Der Weide stated there has been advertisements on television relative to funding this issue with taxpayers’ money. He stated the County is turning it over to the Florida Association of Counties, who are turning it over to another agency, and he feels there is something wrong with this process. The public does not understand what is going on and where this money is coming from.

Commissioner Maloy stated he believes that the advertisements on the radio are asking whether or not you support the death penalty. He stated he feels that these ads are misleading.

Commissioner McLain stated he disagrees that this comes out of the taxpayers’ pockets. He stated the constituents of this County, the ones who carry the burden, are the ad valorem taxpayers and the County has worked to try to reduce that impact. Funds from the taxpayers have been used to fund the court system. He said he feels it is more appropriate for the State to pay the process for the courts rather than the taxpayers of Seminole County.

Commissioner Van Der Weide stated he doesn’t think the issue is whether the State or the County should fund it. He said what he is objecting to is the lobbying effort with the County’s money.

The Chairman called for a motion three times for the Article V Funding – Revision 7 and no motion was presented, therefore the item was denied.

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Cindy Coto, Deputy County Manager, addressed the Board to present request to approve Contract between Seminole County Government and Seminole County Firefighters, Local 3254.

Chairman Morris stated the issue here is the contract has been outstanding for nine years and the Executive Session vote was sent to the Union to see if they will accept the negotiated position.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve and authorize Chairman to execute Contract, as shown on page _________, between Seminole County Government and Seminole County Firefighters, Local 3254, inclusive of salary adjustment sliding scale.

Under discussion, Commissioner McLain stated he feels that the leadership of the union worked very hard to get where they are at today.

Discussion ensued relative to minutes of the Executive Meetings. Mr. McMillan stated he doesn’t think there was anyone in attendance to tape the meetings, therefore, he doesn’t believe minutes will be available. He stated he would check into this and get back to the Board.

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

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Motion by Commissioner Adams, seconded by Commissioner McLain to approve Budget Change Request in the amount of $1,482,232, for the salary adjustment of the Firefighters, to be taken out of the appropriate fund.

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

Buddy Balagia, Principal Planner, addressed the Board to present request to approve advertising a proposed Consolidated Plan Amendment to provide CDBG funding for a street lighting activity located within the Johnson Hill target area. He stated an additional $125,000 in excess contingency funds has been identified and he is requesting Board direction for the allocation. He stated a number of proposals in the Spring 1998 Consolidated Plan process were not funded and the Board may want to provide funding for one or more of these activities. Discussion ensued.

Gary Kaiser, County Manager, left the meeting at this time.

Motion by Commissioner McLain, seconded by Commissioner Maloy to authorize staff to advertise a proposed Consolidated Plan Amendment to obtain public comment prior to final action by the Board; to include the activities of Jajiri Arts.

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

The Board was informed that there is no October 8 Payroll Approval List and same should be deleted.

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

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

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

1. Appraisal Services Agreement (M-73-98), as shown on page _________, with Bullard and Associates.

 

2. Memorandum to Sandy Wall from Denes Balo, Clerk’s Finance, transmitting FY 1997/1998 Amended Clerk’s Budget, as shown on page _________.

 

3. Work Order #1, as shown on page _________, to RFP-422-97/BJC.

 

4. Consultant Services Agreement (M-72-98), as shown on page _________, with Post, Buckley, Schuh & Jernigan, Inc.

 

5. First Amendment, as shown on page ________, to Work Order #1 to PS-503A.

 

6. Change Order #1, as shown on page _________, to FC-139-98/BJC.

 

7. Development Order, as shown on page _________, for Remark Development Rezone, approved by the BCC on February 24, 1998.

 

8. Development Order, as shown on page _________, for Clas Plat Waiver dated August 6, 1998.

 

9. Work Order #3, as shown on page _________, to PS-518-98/BJC.

 

10. Work Order #27, as shown on page _________, to PS-364.

 

11. Performance Bonds, as shown on page _________, for Communication Towers for Beardall Avenue ($9,600) and Magnolia Avenue ($5,400).

 

12. Letter of Credit #S159626, as shown on page _________, for Primera Road Impact Fee Agreement dated May 12, 1998.

 

13. Memorandum from Debra Edge, Legal Assistant, to Sandy McCann submitting Instruments, as shown on page _________, to the Record for the following projects: Chapman Road; County Road 46A, Phase I; County Road 46A, Phase III; County Road 427, Phase III; Dodd Road; Tuskawilla Road, Phase IV.

 

14. Notice of Hearing from the Florida Public Service Commission regarding Docket No. 980800-TP, Petition for emergency relief by Supra Telecommunications & Information Systems.

 

15. Certificate of Title, as shown on page __________, for Lake Forest, Section 11A.

 

16. First Amendment, as shown on page _________, to Work Order #19 to PS-364.

 

17. Work Order #4, as shown on page _________, to PS-519-98/BJC.

 

18. Performance Bond, as shown on page _________, in the amount of $262,889.99 for Huntington Pointe, Phase 4B.

 

19. Developer’s Cash Completion Bond, as shown on page __________, in the amount of $17,160 for Huntington Pointe, Phase 4B, Subdivision Wall.

 

20. Maintenance Bond, as shown on page __________, in the amount of $6,067 for FC-129-98/BJC, approved by the Board on March 10, 1998.

 

21. Change Order #2, as shown on page _________, to PRC-142-98.

 

22. Work Order #3, as shown on page _________, to PS-519-98/BJC.

 

23. Memorandum from Sandy Goard, Supervisor of Elections, to Clerk of Circuit Court transmitting List, as shown on page _________, of Poll Workers for Second Primary Election of October 1, 1998.

 

24. Change Order #4, as shown on page __________, to FC-121-97/BJC.

 

25. Change Order #7, as shown on page _________, to FC-118-97/BJC.

 

26. Notice of Intent, as shown on page _________, relating to the design, construction and maintenance of the Oak Forest Wall Project regarding Interlocal with the City of Winter Springs dated June 10, 1997.

 

27. Amendment No. 1, as shown on page _________, incorporated into Schedule No. 7 dated August 11, 1998, of Master Lease Agreement with MLC Group.

No Report.

Motion by Commissioner Maloy, seconded by Commissioner McLain to approve Official Minutes dated September 22, 1998.

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

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The Board recessed at 10:26 a.m., reconvening at 1:40 p.m., with all Commissioners and all other Officials (with Commissioner McLain being late), who were present at the Opening Session.

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The Invocation was given by Father Larry Lossing, Seminole County Sheriff’s Office Chaplain.

Commissioner Van Der Weide led the Pledge of Allegiance.

Motion by Commissioner Adams, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-211, as shown on page _________, acknowledging recipients of the 1998 Seminole County Industry Recognition Award; to be presented at the 4^th Annual Industry Recognition Luncheon to be held on November 5, 1998.

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

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

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from C-1 (Retail Commercial) to PCD (Planned Commercial Development); property described as .6 acres located at the northeast corner of SR 46 and Upsala Road, McKee Construction, received and filed.

Don Fisher, Senior Planner, addressed the Board to advise the applicant is requesting to rezone for the purpose of operating a Sobik’s Restaurant. He stated based on staff analysis, prior to all public hearings, staff recommends that the subject request is: (1) 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) 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 request subject to: (1) Demonstrate compliance with the Health Department requirements for the utilization of septic tanks; and (2) Connect to central water and sewer when it becomes available. The Planning & Zoning (P&Z) Commission recommended approval subject to staff comments and the additional comment to connect to central water and sewer when it becomes available. Staff concurs with the P&Z’s recommendation.

Commissioner McLain entered the meeting at this time.

Bobby VonHerbulis, representing the applicant, addressed the Board to advise he will be glad to answer any questions.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve rezoning, by Ordinance #98-43, as shown on page _________, from C-1 to PCD, property described as .6 acres located at the northeast corner of SR 46 and Upsala Road, as described in the proof of publication, McKee Construction, with staff comments and approval of Development Order, as shown on page ________.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); property described as approximately 5.12 acres, located at the southwest corner of Chapman Road and SR 426, Polystar Industries, received and filed.

Mr. Fisher stated Polystar Industries is requesting to rezone for the purpose of an industrial operation where printing of plastic bags will be performed with an additional future use of manufacturing plastic bags. He reviewed the Compliance with Environment Regulations and Compatibility with Surrounding Development as outlined in the Agenda Memorandum. He stated based on staff analysis, prior to all public hearings, staff finds that the request is: (1) 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) 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 request subject to: (1) No adverse noise or odors will be produced as a result of operating the facility; and (2) Dedicate additional right-of-way on Chapman Road in order to accommodate required off-site improvements.

Paul Pike, representing the applicant, addressed the Board to advise he will be glad to answer any questions.

Upon inquiry by Commissioner Maloy, Mr. Pike advised that the trail will not be crossed.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner McLain to approve rezoning, by Ordinance #98-44, as shown on page _________, from A-1 to PCD; property described as approximately 5.12 acres, located at the southwest corner of Chapman Road and SR 426, as described in the proof of publication, Polystar Industries, subject to staff comments, and approval of Development Order, as shown on page _________.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to vacate and abandon a 6’ x 7’ x 3’ triangular portion of a side yard drainage and utility easement located at 123 Oak Leaf Lane, Longwood, Patrick and Elizabeth Brown, received and filed.

Francis Aihe, Senior Planner, addressed the Board to advise the applicant’s garage encroached on a portion of the drainage and utility easement when it was constructed. The applicants contend that approval of this request would enable them to receive a clear title and insurance documentation on their property. The application has been reviewed by the County Engineer and utility companies and they have no objections to the vacate. Staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-224, as shown on page ________, vacating and abandoning a 6’ x 7’ x 3’ triangular portion of a side yard drainage and utility easement located at 123 Oak Leaf Lane, Longwood, as described in the proof of publication, Patrick and Elizabeth Brown.

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

Proofs of publication, as shown on page _______, calling for a public hearing to consider request to extend permit for a borrow pit located on the south side of SR 46, one mile west of SR 426, Excavated Products, received and filed.

Rick Phillips, Plans Examiner, addressed the Board to state the applicant is requesting approval to excavate 800,000 remaining cubic yards of earth for an additional five-year period. The previous permit expires on October 13, 1998. He stated staff recommends approval of the permit extension for a 5-year period to expire on October 13, 2003.

Devos Serriram (phonetic), representing Excavated Products, addressed the Board to advise the applicant has received the St. Johns River Water Management District permits and he will be glad to answer any questions.

Upon inquiry by Commissioner Maloy, Edward Quinn, representing the applicant, addressed the Board to state their intentions were to excavate all of the material out to the beltway, but an 18-month administrative hearing slowed the project down. He stated he hopes to complete the project within the next two years. Discussion ensued relative to water quantity and quality testing.

Richard Creedon, 1172 Apache Dr., addressed the Board to state he represents the Seminole Woods Subdivision and he would like the Board to be aware that everyone in the community are not happy with the project. He stated the applicant has had violations from the St. Johns River Water Management District on their previous permit. He added the 5½ acres the applicant excavated was not included in the permit and they were fined $25,544. The citizens are concerned with possible damage to the Geneva Bubble. The applicant was given numerous stop work violations during the previous St. Johns permit and they claimed that they did not receive them. Also, the applicant was supposed to submit quality reports, but he has been unable to obtain them. He stated because of the contentious issues and the danger of damaging the water supply in the Geneva Bubble, he would recommend that this item be tabled until more consideration can be given.

Upon inquiry by Commissioner McLain, Mr. Creedon advised the residents’ concern was that the applicant operated irresponsibly during the time of the original permit. He stated St. Johns retroactively approved the 5½ acres that was excavated without a permit and he doesn’t believe that they should have done that.

Commissioner McLain stated St. Johns has always been very protective of the water supply.

Tom Watkins, 3390 NCR 426, addressed the Board to state when this first started, the applicant agreed that there would be no dredging or water pumps and they would do all of that with a drag line. He stated his main concern is if you take all of the cover off of the shell of the aquifer, it will collapse into the Bubble.

Michael Rich, P.O. Box 660306, addressed the Board to state he represents Save Our Bubble. He submitted copies of minutes of the original borrow pit permit request and he read the commitments, the motion and the vote. He stated water quality is the primary concern of the citizens and if they are excavating over a water supply, they will be removing some of the filtering sands and sediments. The applicant did not submit water quality reports in 1996, 1997, or 1998. He said this project is adjacent to the Mullet Lake Water Association well and they were required to stay out of the 500 ft. well-head protection setback. He stated the applicant went inside this protection area and he would ask the Board to check into this issue as well.

Upon inquiry by Commissioner McLain, Mr. Rich advised he spoke to Mr. Bill Barnard numerous times before he left the County and he has been with the Water Management District to try to resolve the water quality reports.

Charles Van Epps, 541 Old Geneva Road, addressed the Board to state since water quality is an important issue, the only prudent thing to do is to table this until they find out whether the water quality standards have been met.

Commissioner McLain stated he would like to get clarification with regard to the issues that have been brought forth.

Neil Hyler, Hyler Engineering, addressed the Board to state this pit was originally designed to be excavated from an elevation of about 46. He stated their plans were to cut down to the water table to elevate zero and continue this pit to an elevation of –17. Jammal and Associates was the original geotechnologist on the job and they did extensive borings and they checked the safety of the Geneva Bubble at that time. St. Johns was convinced that this was a safe project and they issued a permit for a one-year period. A modified permit was approved to allow a small area of the project to be excavated to zero. To date the excavation has not gone below +11½.

Mr. Serriram stated St. Johns discovered that excavation of the material was done within a 500-ft. radius of an upland area and that material was replaced. The water quality testing was part of the Seminole County permit and not the St. Johns permit. The intent was once they go below the water table, the water quality would be checked. In October, 1995, they could not operate because there was too much rain and they couldn’t dewater on the site. He stated he discussed this with Mr. Glenn Semanisin and he was told that he could start water quality monitoring when they start pumping water out of that system. He added he never got back to the point where they were doing steady water monitoring. The new St. Johns permit requires them to do it either way and it will be done monthly.

Upon inquiry by Commissioner Adams, Mr. Serriram displayed a map and reviewed how many monitoring wells are on the property.

No one else spoke in support or in opposition.

Motion by Commissioner McLain to approve extending the Borrow Pit Permit for a period of 5 years; located on the south side of SR 46, one mile west of SR 426, Excavated Products.

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

Motion by Commissioner McLain to approve extending the Borrow Pit Permit for a period of 5 years, to expire Oct. 13, 2003; located on the south side of SR 46, one mile west of SR 426, as described in the proof of publication, Excavated Products, subject to the County receiving a copy of all the water quality results.

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

Under discussion, Commissioner Van Der Weide stated he would like to know how much dirt is taken out of the pit.

Mr. Phillips advised engineers base it on signed and sealed surveys and drawings submitted. The County Engineers will be the one to confirm the excavation. Discussion ensued.

Commissioner Maloy stated he would like an opportunity to review some of the water quality test.

Commissioner Van Der Weide stated if staff can assure him that the County is going to be on top of this and making sure that the applicant will not excavate more than what is requested, he would have no trouble supporting the motion.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

The gavel was returned to the Chairman.

Cindy Matheny, Senior Planner, addressed the Board to request approval of Final PUD Master Plan and Developer’s Commitment Agreement for the Lakeview Apartments PUD, a 240-unit complex on a 15.8 acre site, located north and south of Border Lake Road, and east of County Line Road, Strasbert Corp. She stated the PUD was originally approved by the BCC in conjunction with a 1977 Comprehensive Plan amendment. The proposed plan modifies the building layout and relocates the tennis court to the interior of the site. She stated staff is not opposed to the modifications because they reduce external impacts from the site.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the Final PUD Master Plan and Developer’s Commitment Agreement, as shown on page ________, for the Lakeview Apartments PUD, a 240-unit complex on a 15.8 acre site, located north and south of Border Lake Road, and east of County Line Road, Strasbert Corp.

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

Chairman Morris recommended reappointing Thomas Greene to the Board of Trustees of the Fred R. Wilson Memorial Law Library, effective January 1, 1999.

Motion by Commissioner McLain, seconded by Commissioner Maloy to reappoint Thomas Greene to the Board of Trustees of the Fred R. Wilson Memorial Law Library, effective January 1, 1999.

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

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Chairman Morris submitted and reviewed a memorandum and highlights/accomplishments (received and filed) relative to the County Manager’s Performance and Annual Merit.

Motion by Commissioner Adams, seconded by Commissioner McLain to approve a 6% merit salary increase for the County Manager, with a total salary of $125,849.98.

Districts 1, 2, 4 and 5 voted AYE.

Commissioner Van Der Weide voted NAY.

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

51. Letter dated 9/23/98 from Donald L. Kovac, Lutheran Haven, to BCC, re: FPC use of County ROW for power lines along Chapman Road.

 

52. Memo dated 9/26/98 from Dave Schmidt, Senior Environmental Planner, to BCC, re: Chuluota Small Area Study and LPA public hearing.

 

53. Copy of letter dated 9/29/98 from Lonnie Groot, Deputy County Attorney, to Hugh Trees, Esq., re: proposed contacts with Commissioner-Elect Henley for adult entertainment litigation.

 

54. Letter dated 9/29/98 from Diana L. Fischbeck, Remington Oaks HOA, to Chairman Morris, re: commendation for County employees: Don Fisher; Skip Groenveld; Rick Phillips; Larry Jones; Jim Harding; Neal Miller; Jim Allen; Sylvia Smith; Diana Revera; Ginny Markley; Tonia Bernosky; and Diane Merkt.

 

55. Copy of letter dated 9/28/98 from Vicki Vargo, Rosemont HOA, to Glenda E. Hood, Mayor of Orlando, re: light rail services west of I-4.

 

56. Memo dated 9/29/98 from Lonnie Groot, Deputy County Attorney, to BCC, re: Battle Ridge administrative proceeding.

 

57. Memo (with attachment) dated 9/29/98 from Lonnie Groot, Deputy County Attorney, to BCC, re: eminent domain legislation.

 

58. Letter dated 9/28/98 from Eleanor Y. Fisher to Chairman Morris, re: Wekiva Protection Area.

 

59. Letter (with attachment) dated 9/28/98 from Paul O. Bower, Allen & O’Hara, Inc., to Chairman Morris, re: notice of internet to prepay mortgage for St. Johns Village I Apartments, Fern Park.

 

60. Letter (with attachment) dated 9/29/98 from Darrell Kelley, EDC of Mid-Fl, to BCC, re: 1998 Survey of Mid-Fl Industry.

 

61. Fax dated 10/1/98 from Harry B. Buffkin, Jr., to Chairman Morris, re: Fl Family Assoc. and adult entertainment.

 

62. Fax dated 10/1/98 from Thomas W. O’Connell to Wes Pennington in resignation from Sanford Aviation Noise Abatement Committee (SANAC).

 

63. Copy of letter (with attachment) dated 9/30/98 from Lonnie Groot, Deputy County Attorney, to Harry B. Buffkin, Jr., re: adult entertainment and public nudity ordinance.

 

64. Memo dated 9/30/98 from John Dwyer, Current Planning Manager, to BCC, re: outdoor advertising ordinance.

 

65. Copy of letter (with attachment) dated 9/23/98 from Charles C. Carrington, City of Winter Springs, to Lu Anne Wilson, SJRWMD, re: purchase of natural lands adjacent to southwestern shore of Lake Jesup for park lands.

 

66. Copy of letter dated 9/30/98 from Buddy Balagia, CDBG, to Ron Schroeder, Casselberry Alliance Corp., re: Fern Park Apartments.

 

67. Copy of letter dated 9/30/98 from Richard T. Sloane, Greater Oviedo Chamber of Commerce, to Philip C. Stalvey, Community Services, re: Seminole County Medical Examiner.

 

68. Copy of letter dated 9/30/98 from Ted. B. Edwards, Esq., to Gil Backenstoss, Development Review Manager, re: Sawgrass PUD.

 

69. Memo dated 10/1/98 from Lonnie Groot, Deputy County Attorney, to BCC, re: proposed amendments to constitution.

 

70. Memo (with attachment) dated 9/24/98 from Tracy Grygiel, EDC of Mid-Fl, to BCC, re: August EDC activity report.

 

71. Copy of memo dated 10/20/98 from Lonnie Groot, Deputy County Attorney, to Commissioner McLain, re: Parcel #115, David & Eva Cameron.

 

72. Copy of letter dated 10/1/98 from Lonnie Groot, Deputy County Attorney, to Harry B. Buffkin, Jr., re: address of Fl Family Assoc.

 

73. Notice of 10/5/98 Oviedo City Council meeting and agenda.

 

74. Letter dated 9/28/98 from Susan M. Evans to BCC, re: FPC use of County ROW for power lines along Chapman Rd.

 

75. Copy of letter dated 9/18/98 from Pam Hastings, SCEA, to Cindy Gennell, CALNO Chairman, re: municipal appointments.

 

76. Letter received 9/30/98 from Tom Punzak to Chairman Morris, re: bike lanes on Tuskawilla Rd. and the Cross-Seminole Trail.

 

77. Notice of 10/15/98 City of Lake Mary zoning public hearing re: property north of Lake Mary Blvd., south of Alma Ave., east of 5^th St., and west of 1^st St. and Old Lake Mary Rd.

 

78. Notice of 10/14/98 City of Casselberry P&Z/LPA public hearing re: property north of Howell Branch Rd., west of Lake Ann Ln., and adjacent to Market Square Shopping Center.

 

79. Letter (with attachment) dated 9/29/98 from G. Richard Swartz, Jr., Lake County BCC Chairman, to Chairman Morris, re: alcohol health warning ordinance.

 

80. Notice of 10/14/98 City of Casselberry P&Z/LPA public hearing re: property south of Seminola Blvd., east of the intersection of Winter Park Dr. and Seminola Blvd.

 

81. Copy of letter (with attachment) dated 9/30/98 from Darrell W. Smith, Fl DOR, to Ray Valdes, Tax Collector, re: FY 1998/99 Tax Collector final budget.

 

82. Notice of 10/13/98 CSBG Advisory Board meeting and agenda.

 

83. Fax dated 10/4/98 from Harry B. Buffkin, Jr., to Lonnie Groot, Deputy County Attorney, re: copies of public decency ordinance correspondence to Rick Nelson, Esq.

 

84. Letter (with attachment) dated 9/28/98 from Carla G. Sims, Fl DOT, to Chairman Morris, re: DUI Enforcement Program.

 

85. Letter dated 10/1/98 from Tom King, U.S. Soccer, to Chairman Morris, re: Women’s National Soccer Team training in Seminole County.

 

86. Memo dated 10/2/98 from Lonnie Groot, Deputy County Attorney, to Chairman Morris, re: McKeeby Construction Co.

 

87. Letter (with attachment) dated 10/1/98 from Gregg Caro, Fl DOT, to Chairman Morris, re: public kick-off meeting for SR 434 project, Montgomery Rd./Wekiva Springs Rd., to U.S. Hwy. 17-92.

 

88. Letter dated 10/1/98 from Manley K. Fuller, III, Fl Wildlife Federation, re: Clifton Springs litigation to: Henry Dean, SJRWMD; and Secretary Virginia Wetherell, Fl DEP.

 

89. Letter (with attachment) dated 9/30/98 from John E. Criswell, Fl DJJ, to Chairman Morris, re: County staff who have completed Quality Assurance Peer Review certification training.

 

90. Memo (with attachment) dated 10/3/98 from Lonnie Groot, Deputy County Attorney, to BCC, re: compliance with public records and open meetings laws.

 

91. Fax dated 10/5/98 from Quentin L. Green, MD, to BCC, re: Big Oaks Ranch appeal.

 

92. Letter dated 9/30/98 from F. Michael Gallagher, Heathrow Town Advisory Council, to Chairman Morris, re: public hearing.

 

93. Fax dated 10/6/98 from Jim Stout, On Tour Presents, to Chairman Morris, re: Lynx 1998 Jazz Festival.

 

94. Copy of letter dated 10/5/98 from Lonnie Groot, Deputy County Attorney, to Harry B. Buffkin, Jr., re: copied public decency ordinance correspondence to Rick Nelson, Esq.

 

95. Communications to BCC in opposition to proposed subdivision access through Nodding Pines Way cul-de-sac from: Rosemary & Joseph Hurley and Susan Long.

 

96. Copy of letter dated 10/6/98 from Lonnie Groot, Deputy County Attorney, to Wayne Chilton, Sweetwater Oaks HOA, re: posting of lakes as "no wake zones".

 

97. Fax dated 10/7/98 from Jim Stout, On Tour Presents, to Chairman Morris, re: 10/9/98-10/11/98 Festival of Speed.

 

98. Copy of letter dated 10/5/98 from Buddy Balagia, CDBG, to Tony VanDerworp, Sanford City Manager, re: funding request for community swimming pool.

 

99. Fax dated 10/11/98 from Barbara Fisher in opposition to proposed Colonial Grand development on Banana Lake Rd.

 

100. Fax dated 10/6/98 from Mark Dillon, Orlando School of High Performance Soccer, to Chairman Morris, re: use of Lake Sylvan training facility by Bayer Leverkusen team from Germany.

 

101. Letter (with attachment) dated 10/7/98 from Miranda F. Fitzgerald, Esq., to Chairman Morris, re: non-conforming billboards.

 

102. Memo (with attachment) dated 10/7/98 from Cindy Coto, Deputy County Manager, to BCC, re: wholesale wastewater arrangements.

 

103. Notice of postponement of 10/22/98 meeting of the Water 2020 Water Supply Planning Work Group to 11/19/98.

 

104. Memo dated 10/2/98 from Kathy Brown, Senior Planner, to Sandy McCann, Recording Secretary, re: submissions into County records.

 

105. Parks/Recreation Contracts for Services, as shown on page _________: Stephany Slysofski; Audrey R. Brown; Isaac Blocker, Jr.; Peter L. Theoret; Randall S. Howell; Philip Knott; Suzanne Winston; Rafael A. Rosado-Rosado; Nicholas Raviele; Stanley Ransom, Sr.; Allen R. Meldrum; and Eva Mae Simmons-Brinson.

 

106. Letters from Suzy Goldman, Library & Leisure Services Director, in appreciation of donations to the Seminole County Public Library System to: Capt. & Mrs. John Godlewski; Timacuan Women’s Golf Assoc.; and Capt. James Bolcar, Sandy and Katie Bolcar.

 

107. Fax dated 10/9/98 from Tony Bland to Chairman Morris, re: WAGES/CF JEP boards and Lockheed-Martin IMS contract.

 

108. Copy of letter dated 10/6/98 from Lonnie Groot, Deputy County Attorney, to Vivian Zaricki, FAC, re: Resolution #98-R-209 – Revision 7.

 

109. Copy of letter dated 10/6/98 from Chairman Morris to Charles Gauthier, Fl DCA, re: Wekiva Special Area Study.

 

110. Memo (with attachment) dated 10/8/98 from Lonnie Groot, Deputy County Attorney, and Frances Chandler, Planning & Development Director, to BCC, re: status of settlement negotiations on Battle Ridge.

 

111. Letter (with attachment) dated 10/1/98 from John P. Saboor and Jason Weeks, Central Fl Sports Authority, to BCC, re: September activity report.

 

112. Letter (with attachment) dated 10/2/98 from Carol A. Foster, Lake Mary City Clerk, to Gary Kaiser, County Manager, re: Lake Mary Ordinances #887, #888 and #889 – annexation.

 

113. Copy of memo dated 10/9/98 from Commissioner Maloy to Cindy Hall, Fiscal Services Director, re: CALNO request for local option gas tax information.

 

114. Letter (with attachment) dated 10/5/98 from Jane Adriatico to BCC in opposition to proposed CFG development adjacent to Aloma Woods.

 

115. Copy of letter dated 10/6/98 from Gil Backenstoss, Development Review Manager, to Harry J. Oldford, Wellington HOA, re: site problems including wall collapse.

 

116. Memo dated 10/9/98 from Mary Mantzaris, County Manager’s Executive Assistant, to BCC, re: availability of digital agenda on the Internet.

 

117. Press release dated 10/12/98 from Michael Ertel, Community Information Coordinator, re: BCC 10/13/98 agenda.

 

118. Letter (with attachment) dated 10/9/98 from Chairman Morris to Ray Eubanks, Fl DCA, re: Seminole County 1998 Evaluation and Appraisal Report.

 

119. Press release dated 10/12/98 from Michael Ertel, Community Information Coordinator, re: planting by BCC of a tree at 10/13/98 meeting to recognize paper reduction and the saving of trees with the use of a digital agenda on the Internet.

 

120. Letter dated 10/9/98 from Jodi Hanson, Lake County BCC Assistant, to Diane Merkt, BCC Lead Aide, re: 10/20/98 transportation issues presentation to Lake County BCC by Chairman Morris and staff.

 

121. Fax dated 10/12/98 from Thomas A. Hagood, Jr., Oviedo City Council Chairman, to Chairman Morris, re: Chuluota Small Area Study.

 

122. Letter dated 10/7/98 from Robert Pickerill, Fl DJJ, to Chairman Morris in commendation of Seminole County Prosecution Alternatives for Youth (PAY) Program for 1998 Quality Assurance Deemed Status Award.

 

123. Letter dated 10/9/98 from Steven R. Bechtel, Esq., to Chairman Morris, re: garbage franchise extension for Sure Sanitation Service, Inc.

 

124. Letter (with attachment) dated 10/12/98 from Regina Bereswill, MacKinley’s Mill HOA, to Chairman Morris, re: Battle Ridge.

 

125. Brochure from Citizen’s Commission for Children/Orange County Health & Community Services to BCC re: "A Place for Children" child care facility for at-risk children at Orange County Courthouse.

 

126. Copy of letter (with attachment) dated 10/9/98 from Dick Thomas, Transportation Specialist, to Darci S. Burnett, Greater Orlando Aviation Authority, re: request for public records.

 

127. Fax dated 10/12/98 from Barbara Stiver to BCC re: agreement for proposed CFG development adjacent to Aloma Woods.

At the request of Commissioner McLain, Chairman Morris briefed the Board on the connection with the Geneva, Switzerland government. He stated the Geneva, Switzerland government requested that two citizen and one government official be appointed to the International Citizens Committee.

Motion by Commissioner McLain, seconded by Commissioner Adams to appoint Lee Voorhees, Lorayne Whiting and Commissioner Morris to the Geneva, Switzerland International Citizens Committee for a period of two years.

Under discussion, Commissioner Van Der Weide stated he will be unable to support the motion as he would like time to discuss this with those individuals he would like to recommend to see if they may or may not want to serve on this committee.

Commissioner McLain withdrew his motion and Commissioner Adams withdrew his second.

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Commissioner Maloy advised that CFG Real Estate (Item IV.B. rezoning request) and the citizens have reached an agreement and he will provide the Board with a copy of same.

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Upon inquiry by Commissioner Maloy, Ms. Chandler stated staff will be bringing the status of the Disability Board to the Board for consideration at the next meeting.

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The Board recessed at 3:15 p.m., reconvening at 7:20 p.m., this same date, with all Commissioners and all other Officials, with the exception of County Manager Gary Kaiser, who was replaced by Deputy County Manager Cindy Coto, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Chairman Morris, with the consensus of the Board, went out of the order of the Agenda to hold the public hearing for Item B first.

Continuation of a public hearing to consider request to rezone from A-1 (Agriculture) to R-1A (Single-Family Residential), R-1 (Single Family Residential), and R-1BB (Single Family Residential), property located southeast of SR 426 and north of Aloma Woods Boulevard.; as described in the proof of publication, CRG Real Estate Group.

Don Fisher, Senior Planner, addressed the Board to present the request. He stated 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 not 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 objections to adoption of the ordinance rezoning the subject property from A-1 to R-1A, R-1 and R-1BB, subject to the agreement (copy received and filed) between the applicant and the neighbors and the staff recommendations as follows: (1) The developer should investigate secondary, alternate means of access to SR 426; (2) The developer is responsible for traffic signal expenses at the intersection of SR 426; (3) Rezone only those areas above the post development 100-year flood prone elevation; and (4) Provide an emergency access to Church Street.

Mr. Fisher read into the Record his summary (copy received and filed) of the subject agreement.

William Cole, representing CFG Real Estate, addressed the Board to answer any questions.

Richard Shaw, 1201 Fern Forest, addressed the Board to state through much negotiation, the neighbors are in full support of the agreement. He submitted the signed agreement (received and filed) to the Chairman. He thanked the Board and Jim Hall, Canin and Associates, for the time spent with them and said he thinks this agreement is something they all can be happy with.

Barbara Stiver, 2465 Kirk Road, addressed the Board to state she encourages the Board to approve the staff recommendations. She said she would like to have written notification when the final site plan is ready for review.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Adams, that property located southeast of SR 426 and north of Aloma Woods Boulevard, be and the same, is hereby rezoned R-1A, R-1, and R-1BB, by adoption of Ordinance #98-45, as shown on page __________, subject to the executed Agreement, as shown on page __________, between the neighbors and applicant, and staff recommendations, as described in the proof of publication, CFG Real Estate Group; and approval of Development Order, as shown on page _______.

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

Continuation of a public hearing to consider request to vacate and abandon a 50-foot side yard drainage easement located at 5441 SR 46; as described in the proof of publication, Wallace Olsen and Dennis Baldwin.

Senior Planner, Frances Aihe, addressed the Board to present the request. He explained the proposal is to vacate a 50’ wide easement that runs along the east property line of the property at 5441 SR 46 immediately south of the Lake Forest PUD, which is currently under construction. He advised from the notification to property owners, staff only received one phone call from a neighbor who was opposed to the removal of trees along the east property line. Mr. Aihe said the applicant indicated to him that no trees would be removed and that all the existing trees along the northerly 450’ would be preserved as required by the Board of Adjustment. Also, he stated that prior to September 8, two neighbors called to state opposition to the installation of the private driveway. Mr. Aihe stated this issue was discussed at the Board of Adjustment in February and August, and the issue before the Board tonight is whether to vacate the drainage and utility easements. He said staff is recommending approval of vacating the drainage easement.

Applicant, Dennis Baldwin, addressed the Board to answer any questions.

Commissioner McLain questioned the status of the land swap between Mr. Baldwin and the property owner. Chairman Morris asked County Attorney, Robert McMillan, to explain the discussion must pertain to vacating and abandoning the drainage and utility easements only.

Elizabeth Ferrell, 200 Woods Trail, addressed the Board to state she did not have a problem with the assisted living facility, but was concerned when she learned the 50’ easement would become a delivery access to the back site which is directly behind her home. She said she is opposed to the vacate for that reason.

No one else spoke in support or in opposition.

Speaker Request Form for Ms. Ferrell was received and filed.

Commissioner McLain stated, based on the limited amount of information he was able to obtain, he is not prepared to make a recommendation. He requested a break at this time to gather more information.

Chairman Morris recessed the meeting at 7:40 p.m. and reconvened at 7:56 p.m. with all Commissioners present.

Current Planning Manager, John Dwyer, addressed the Board to state there are side issues to this request and staff is recommending that the drainage easement be vacated and abandoned; however, in conjunction with that, the applicant will execute an exclusive access easement with the County across this easement as it fronts on Wayside Drive. If the agreement the applicant has with an adjacent property owner is not transacted, then the applicant would come back to the County to request the County grant him permission to cross the exclusive access easement given to the County.

Mr. Baldwin stated he concurs with the conditions.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #98-R-225, as shown on page _________, vacating and abandoning a 50’ side yard drainage easement located at 5441 SR 46, as described in the proof of publication, Wallace Olsen and Dennis Baldwin; with the applicant to execute an Exclusive Access Easement, as shown on page _________, on Wayside Drive to the County, to be recorded simultaneously with the Vacate Resolution.

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

Continuation of a public hearing to consider request to vacate and abandon a 50’ side yard utility easement located at 5441 SR 46; as described in the proof of publication, Wallace Olsen and Dennis Baldwin.

Mr. Aihe stated this request is for the same property in the previous public hearing and is tied to the vacate of the drainage easement, and that is why it is being reviewed tonight. He said staff is recommending approval of the vacate of the utility easement.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #98-R-226, as shown on page __________, vacating and abandoning a 50’ side yard utility easement for property located at 5441 SR 46; as described in the proof of publication, Wallace Olsen and Dennis Baldwin.

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

Continuation of a public hearing to consider Amendment from Suburban Estates to Planned Development and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development), located west of Banana Lake Road and ¾ mile south of CR 46A, containing approximately 29 acres; as described in the proof of publication, Shutts & Bowen.

Cindy Matheny, Senior Planner, addressed the Board to briefly review the request. She stated staff is recommending adoption of the proposed land use amendment and rezoning, and adoption of the Ordinances related to the land use amendments and rezonings. She said the applicant has indicated they have made slight modifications to their plans based on the comments from the residents and previous hearing of the Board.

Upon inquiry by Chairman Morris, the Board had no objections to hearing the latest modifications by the applicant.

Attorney Ken Wright, representing the applicant, addressed the Board to state since the last public hearing, he met with the neighbors to the north and west representing the Banana Lake Homeowners Association and other homeowners. He said they have made changes voluntarily. He explained a tree survey has been prepared and tree areas on the lakeshore have been identified by the survey; the buildings have been modified slightly to bring them back from the shoreline; the buildings fronting the lake and north side will be limited to two stories; all buildings will be less than 35 feet; the applicant has agreed to provide additional shoreline buffering to the existing apartments to the south to have a natural buffering from the view across the lake; and the applicant would provide additional buffering to the existing satellite dish to the satisfaction of staff. He showed these areas on a map (received and filed). He also identified on this map the retention ponds and landscaped area. He said the ponds will be minimal size to afford the maximum amount of open areas. He stated from the retention ponds on the east and west, the balance of the buffer would be planted in tree vegetation, and to the north is a brick wall. Attorney Wright showed another plan (received and filed) of the staggered row of live oaks along the 6’ brick wall; a cross-section plan (received and filed) of the 2’ to 3’ berm and planting; and picture (received and filed) showing if someone was north of the property line, the line of sight to the buildings would be prevented. He summarized that there are no out-buildings, structures, or pavement in the buffer area and no access to Banana Lake Road.

Joel Ivey, Ivey, Harris and Wall, representing Fred Edwards, addressed the Board to state they have seen four or five plans now and it is pretty hard for the citizens to keep up with what’s actually been proposed. He stated the key issue is not how the applicant can make this work, but it is the land use. He showed a chart of what was presented at the transmittal hearing and already entered into the Record and said from the land use perspective, there are some key questions. He displayed and discussed some charts (received and filed). He said by definition and the County’s Comprehensive Plan, all of this qualifies as high density residential. He said he feels they are being asked to go from hideous density to hideous traffic. He showed another chart (received and filed) of what the area could look like if the Board goes with the status quo.

Upon inquiry by Commissioner McLain, Mr. Ivey stated their objection to the previous plan and the one presented tonight is that it is still high density. Their opinion is the County has a good land use now and they should stick with that. He stated to Commissioner McLain that the 200 foot buffer was established for Heathrow to separate Suburban Estates from the apartments. He said the Board has not heard any testimony as to why they should approve this project, other than from the applicant who wants to make money. There is no planning purpose or cause being advanced by this application.

Upon inquiry by Commissioner McLain, Ms. Matheny said Mr. Ivey has made the point that moving high density residential violates some of the conditions of the Comprehensive Plan. Staff has said the Plan is essentially silent on PUD’s. In addition, they feel that with this application under discussion, the 200 foot buffer creates compatibility. She said the PUD is based on its own merit and not necessarily the density. This plan would generate the same amount of traffic as the prior plan.

Commissioner McLain discussed the 200 foot buffer with Ms. Matheny. She advised Commissioner Van Der Weide that opaqueness is always difficult to measure as always some light penetrates.

Larry Stinbrink, 1355 Tadsworth, addressed the Board to state Wembley Park is one of the subdivisions that would essentially front their view of this area to be developed. He said traffic for people who come off Bear Lake Road comes directly into their area. This was the site of an accident tonight. He stated this project goes up to the shoreline of Island Lake, a natural lake. He questioned how protected is Island Lake going to be and what would be the environmental impact.

Edwin Holt advised the Chairman he had nothing new to add to the hearing.

Cindy Crain, 820 Banana Lake Road, addressed the Board to state she still objects to the density very much. She said she met with Attorney Wright and she still feels that they don’t need anymore apartments other than what is already there now. She quoted from John Conick, September article, that "the fundamental weakness of a democracy is its inability to recognize the long-term consequences of what it does and what it fails to do."

Janis Ferrell, 874 Banana Lake Road, addressed the Board to state they were made an enclave, and she really feels if this was meant to be multi-family, it should have been dealt with at that time and not 20 years later. She said this area has been protected; that’s where the 200’ buffer came from. It was to keep the area single family residential and the Banana Lake neighborhood in tact. She said when you add this density on to the density there, you will have aggregate density. She stated the project is coming close to Banana Lake. The buffer is not going to negate the density. She said she is really concerned about the use of PD and PUD to circumvent the requirements of the Comprehensive Plan. She said if the Board decides to approve this request, she would like them to tell the residents why.

Barbara Fisher, 864 Banana Lake Road, addressed the Board to state she thinks the fundamental point is that this is PUD and they have ample reason to distrust PUD’s. They have a rural zone neighborhood and this is the reason she bought her home there. She said when the land is developed, they would like it to be single family homes. She asked the Board not to set a precedent and stay with the Comprehensive Plan. If the land is developed, let it be done on a project basis rather than PUD.

Wendell Springfield, 770 Banana Lake Road, addressed the Board to state his objections to this project based on eight points which he read from his memorandum (received and filed) to the Board dated October 13, 1998.

Janice Springfield, 770 Banana Lake Road, addressed the Board to state she is also opposed to the apartments project. She made comments on the buffer stating that never was the buffer meant to be a retention pond, a drain pond, or as Commissioner McLain said, a wasteland. They know buffers to be meant to stay in a natural state, as in Banana Lake and Island Lake. She stated when there are heavy rains, there is a natural overflow from Banana Lake into Island Lake. Whatever is done on Island Lake should be monitored because it affects the Heathrow neighbors. She advised that the fence that was promised to them by Colonial One was never put up.

Gordon Frederick, 756 Banana Lake Road, addressed the Board to state the proposal as presently advanced by Attorney Wright is a lot better than anything that has come before them. The wall and abandonment of Banana Lake Road will curtail the traffic activity the people complained about. He stated he would like to surround himself with nothing except the beauty of the country, but something will come out there and he likes this plan better than anything else he has seen. If the Board approves the request, then approve it as Attorney Wright has requested with a wall and 200’ buffer.

William Landy, 631 Cricklewood Terrace, representing Mike Gallagher, Chairman of the Heathrow Town Advisory Council, addressed the Board to speak in opposition on behalf of 1,000 Heathrow homeowners. He advised that after a meeting with Attorney Wright last Thursday, the homeowners did not change their opposition to this project.

Richard Feibelman, 1130 Island Lake Drive, addressed the Board to state he lives in a home that is in the plan amendment and he had not noticed the buffer was there. He said he didn’t know the apartments existed. He said this is a first-class operation.

Chairman Morris read Written Comment Forms from Clarence Metzler, Sarah Metzler, and Bob Bugnacki, who oppose the request.

Cecelia Bonifay, Akerman, Senterfitt & Edison, representing Fred and Carmen Edwards, addressed the Board to state their particular opposition has been that this is about land use. She distributed excerpts (copies received and filed) from the 1991 Comprehensive Plan. She noted that the zoning issue is a mute point because the Planning & Zoning Commission rejected the Comprehensive Plan Amendment and, only when the issue was brought up as a procedural error of whether or not they actually had to vote on it, did they go back and have another hearing. When another hearing was held, the P & Z unanimously denied the zoning to be consistent with the original land use decision. She explained why the fact the applicant has PD zoning before the Board along with PUD should not be automatic, but the zoning must stand on its own merits. Also, she said there are a number of procedural issues that need to be addressed. She said she thinks the heart of the issue is Policy 2.2.5 (found in the excerpts submitted) which deals with transitional uses. Attorney Bonifay stated they differ with the staff’s interpretation of this policy. She doesn’t think there has been any testimony offered that these are no longer viable as residential areas. The whole plan is to go from vacant land to high density residential next to Suburban Estates. She said they are supposed to be looking at some kind of buffer or transitional use between varying intensities of land use. She referred to Table 2.1 (included in the excerpts) and noted that high density residential is not shown as being compatible to Suburban Estates. The staff interpretation is that because PD was not specifically mentioned as a land use type, then it can be used anywhere staff wants. She does not think that was the intent, and the Board will have to determine that. She said all she can go by is what the table shows and it speaks for itself. She stated PD is recognized in the Comprehensive Plan as a land use classification as opposed to a zoning classification. PUD is not listed as a transitional land use. She said she does not think this is consistent with the Comp Plan. She noted that the Comp Plan tells her that PD zoning, in this case, does not do what the Comp Plan says. She discussed the special provisions and said she doesn’t think the project does any of that either. Further, she said the project does not fall within the Burt Harris Act. She pointed out that just because there is a land use, it does not give the inherent right to have the zoning. She submitted the following: Transcript of a portion of the County Commission hearing dated 3/10/98; Copy of reduced site plan included in transmittal from Seminole County to DCA; Transcript of a portion of P & Z hearing sitting as the LPA dated 1/07/98; Minutes from Planning and Zoning Commission hearing of 1/07/98; Original Staff Report with a negative recommendation; ORC Report; and Table 2.1 for determining appropriate transitional uses; exhibits as evidence and procedural error exhibits (all received and filed) that the legal description has not remained the same; the site acreage has changed; and the legal descriptions for the Comprehensive Plan Amendment and the zoning differ; and this is a zoning hearing and Comp Plan hearing with no detail on the zoning and there is no way a member of the public can respond to it. She said this is not due process. She asked the Board to deny the application as it is not consistent with the Comp Plan and, from a land use standpoint, it does not meet the land development regulations.

Fred Edwards, 748 Banana Lake Road, addressed the Board to state the issue to him is the transitionary use of the property, and he submits that there is no real proponent of this project other than the applicant. He requested the Board to protect him as a citizen by supporting the in-place Comprehensive Plan.

Commissioner Maloy left the meeting at this time.

Attorney Wright gave rebuttal comments asserting that this plan is compatible with the Comprehensive Plan and is consistent with the LDR. He said the plan submitted does the best it can to protect the enclave spoken about earlier. This plan has not been denied by DCA. This is a PD zoning that is being made a part of an existing PUD and it is an application for notice of a proposed change. He agreed that this is a land use item and that it is in compliance with the procedural requirements that the Commission adopts in regard to these kinds of hearings; and that it is consistent with the Comp Plan and the land development regulations.

Chairman Morris recessed the meeting at 9:35 p.m. and reconvened at 9:45 p.m. with all Commissioners, including Commissioner Maloy, and all other Officials in attendance.

Attorney Wright requested that the application and staff file be made a part of this record.

No one else spoke in support or in opposition.

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

Commissioner McLain requested Ms. Matheny to review some of the conditions discussed that she feels might be appropriate if the Board approves the request. Whereupon, Ms. Matheny advised to address some of the concerns of the Board and residents, staff proposed an additional set of development order conditions which the Board may wish to impose on any approval through this project and also incorporate some of the conditions the Board enumerated at the transmittal hearing in March. She read these into the Record as follows: (1) Recommend for the first expansion site that the first pair of buildings along the lakefront and along the north buffer be a maximum of two stories, and buildings on the remainder of the site may be three stories with a maximum height of 35’; (2) No parking areas to be located adjacent to the lake; (3) Apartment buildings to be of similar scale and architecture as the existing buildings in Phase 1; (4) Applicant to maintain 200’ buffer along the north property line; (5) There should be no buildings or other structures, parking, or roadways within the buffer; however stormwater retention ponds may be located within the south 150’ of the buffer; (6) Within the north 50’ of the buffer, the applicant shall provide a 50’ wide strip of vegetation plantings; (7) Applicant shall construct a 6’ high brick wall on the 2’ high berm or a 5’ high wall on a 3’ berm to be located 15’ from the north property line; (8) Design of the brick wall shall be consistent with the design of the existing wall to the east and required wall shall connect to the existing HIBC wall; (9) Plantings within the 50’ strip to be a minimum of two staggered rows of canopy trees at 25’ intervals with at least two tree species utilized; (10) Applicant is to be responsible for maintenance of the wall and plantings. She said Attorney Wright indicated they would be willing to provide vegetation throughout the remainder of the buffer where there are no stormwater ponds.

Upon inquiry by Commissioner McLain, Ms. Matheny said it was not included in the staff recommendations, but the Board could require an additional row of canopy or understory trees along the north side, which would provide additional visual buffering for residents in the Banana Lake Road area. The applicant will be responsible for maintaining the buffer on both sides of the wall.

Ms. Matheny continued with the conditions that: (11) There shall be no access to the north via Banana Lake Road; (12) The applicant is to retain existing pine trees on the peninsula area to the greatest extinct practical. Where necessary, supplemental plantings of canopy and understory trees will be required to break up the view of the complex from the neighboring properties. Supplemental plantings to be determined during site plan review; (13) The applicant to preserve existing specimen trees to the greatest extinct practical. Where necessary, replacement tree plantings in accordance with County arbor regulations will be required. Replacement tree requirements to be determined during site plan review; (14) Site lighting to be cut-off/shoebox type with a maximum height of 20’, including the fixtures. Lighting to be located no closer than 50’ to the north property line or lakefront, and footcandles at the north and west property lines may not exceed 0.5; (15) Applicant may provide boardwalks and other passive amenities along the lakefront. However, no personal watercraft or boats are to be permitted; (16) Minimum buffer along the lake to be 50’ in width, with an additional 20’ building setback. Only minor recreational uses such as boardwalks, picnic tables, and similar uses are permitted within the buffer; (17) This is in conjunction with the voluntary commitment Attorney Wright indicated earlier to provide additional vegetative planting to shield the existing apartment buildings from view of the west. Staff recommends that include at least two species of the trees and those be fast-growing canopy trees; (18) Applicant to provide additional buffering at the satellite dish location or relocate the satellite dish to the interior of the site.

Upon direction of Commissioner McLain, Ms. Matheny briefed the Board on the five locations she viewed with him where there have been concerns about the visibility of the buildings.

Commissioner McLain stated he thinks the staff recommendations will protect the rural character in the best way and still provide reasonable use of this property.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt Planned Development Land Use with staff findings and approve the PUD zoning district including the revised Developer’s Commitment Agreement and Final Master Plan for the Heathrow International Business Center, and authorize the Chairman to execute the revised Agreement, as shown on page __________, including all restrictions and additions as the staff has spoken to.

Under discussion, Commissioner Maloy said he has concerns with the vegetation buffer and density. He said three-fourths of this is still going to be a retention pond. He would like to see more of a vegetation buffer. Commissioner McLain advised him that it is included in the recommendation for 10 units per acre. He reviewed more with Commissioner Maloy on the canopy trees and retention ponds.

Chairman Morris stated both Mr. Ivey and Attorney Bonifay made the point of the issue of a PUD, what it is and what’s going into it, relative to a transitional use and transitional zoning, and how does a PUD work with respect to the Comprehensive Plan. This seems to be the focal point of the issue, as well as the densities, and is a legal question. He said it is clear that at one time, the PUD zoning was the zoning of choice. In this particular case, it is clear that without any additional or no impact from traffic going to the north, and keeping a 200’ buffer with the additional restraints, this makes it hard to argue against the PUD land use. He said the core issue still goes to what would be a minimum impact of any development relative to this type of planned unit development and what could go there, absent the planned unit development, and the impact it would have on Banana Lake.

Commissioner Adams stated it appears the developer is making a concerted effort to buffer the area, along with the additional buffering the staff is recommending.

Ms. Matheny concurred that the applicant is making a very extended effort to buffer the project.

Commissioner McLain commented in working with staff, it was important to him to provide exactly what would be the best possible screening of these buildings and most amenable view from the Heathrow side, with setbacks and additional planting of trees along the three buildings that stood out. He said it was important to him that this project present itself with the best view from the opposite side. Further, he said he noticed a lot of dead fall when he observed the area. He thinks it will behoove the communities (the apartments and developments around the lake) to work with staff on some form of lakewatch program to improve the lake as far as getting rid of the dead fall and making it a more pristine lake. This is a recommendation for follow-up.

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

Commissioner Maloy voted NAY.

Motion by Commissioner Maloy, seconded by Commissioner Adams, to adopt Ordinance #98-46, as shown on page __________, related to the Large Scale Land Use Amendments and adopt Ordinance #98-47, as shown on page __________, related to the associated rezonings adopted by the Board of County Commissioners at their meetings of August 11, September 22, and October 13, 1998.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:10 p.m. this same date.

ATTEST________________________Clerk_____________________Chairman

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