BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

OCTOBER 14, 2003

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, October 14, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1) (Late)

Commissioner Randy Morris (District 2)

     Commissioner Dick Van Der Weide (District 3)  

Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     The Invocation was given by Commissioner Dick Van Der Weide. 

     Commissioner Carlton Henley led the Pledge of Allegiance. 

     Commissioner Maloy entered the meeting at this time. 

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     The Chairman recessed the meeting at 9:33 a.m. for the convening of the 17-92 Community Redevelopment Agency meeting. 

     Chairman McLain reconvened the BCC meeting at 10:05 a.m., with all Commissioners and Officials in attendance who were present at the Opening Session. 

AWARDS & PRESENTATIONS

     Carol Carroll, Administrative Services, and the members of the Community Services Committee presented a check in the amount of $10,000 to Make-A-Wish Foundation representatives, Joe


Lapaglia, President; Scott Zarenchansky, Director of Development; and Scott Crews, Events Planning. 

     Mr. Lapaglia addressed the Board to express his thanks and appreciation to Ms. Carroll, the Committee, and all the employees of Seminole County. 

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2003-R-161, as shown on page _______, commending the Seminole 4-H Club, winners of the “2003 National LifeSmarts Champions”, John Terwilleger, Sarah Bastin, Ricky McOwen, Jenna Linduff and Jonathan Estry. 

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

     The Resolution was presented to Jenna Linduff and Sarah Bastin, who addressed the Board to express their appreciation to Shelia Wilkins, Agriculture Extension Services, and the Board. 

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     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-162, as shown on page _______, proclaiming October 16, 2003 as “Communities in Motion Day”. 

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

     The Resolution was presented to Joe Saviak who addressed the Board to express his appreciation and to distribute bus cards to each of the Commissioners. 

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     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-163, as shown on page _______, commending the Home Builders Association of Metro Orlando for 50 years of service to Central Florida. 

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

     The Resolution was presented to Alex Hannigan, Chairman to the HBA, who addressed the Board to express his appreciation for the Board’s support. 

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     Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-157, as shown on page _______, proclaiming the month of October 2003 as the “25th Anniversary of the Seminole County Public Library System”. 

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

The Resolution was presented to Director of Library Services, Suzy Goldman, who addressed the Board to express her appreciation. 

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     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-164, as shown on page _______, commending the Purchasing and Contracts Division for its 2003 Achievement of Excellence in Procurement Award by the National Purchasing Institute (NPI). 

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

     The Resolution was presented to the Purchasing staff.  Purchasing Manager, Ray Hooper, addressed the Board to express his appreciation for the acknowledgement. 

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     Chairman McLain announced that there has been a request to continue Item #62, PCD Master Plan Amendment, Meredith Pickens, and that will be considered at this afternoon’s meeting. 

COUNTY MANAGER’S BRIEFING

     Property Appraiser, Bill Suber, addressed the Board to discuss the Granny Flats Bill, which allows counties to adopt an ordinance to provide for a reduction in the assessed value of homestead property when construction has occurred for living quarters for parents or grandparents.  He advised this legislation resulted from an amendment to Article VII of the Florida Constitution that was approved by the voters in November 2002.  He said that in Seminole County the measure was approved by 65%.  He further advised that should the Board adopt an ordinance to provide for this reduction, it is binding upon all taxing authorities that levy taxes within the County, i.e., School Board, Cities, and St. Johns River Water Management District.   He said he does not believe the number of properties that would qualify for this reduction is very high. 

     Mr. Suber further advised that there is no provision for notifying his office when a property no longer qualifies for the reduction.  As a result, they would be required to either visit each property annually or otherwise determine if the property continues to be entitled to the reduction. 

     Commissioner Maloy stated he believes this is a wonderful idea. 

     Commissioner Van Der Weide stated that he would think that any time 65% of the voters vote in favor, it is the Board’s obligation to do an in depth study to determine all the ramifications. 

     Commissioner Henley stated his two concerns are the fiscal impact and the impact on the County’s permitting process. 

     Commissioner Morris stated it has been determined through studies that longevity is enhanced if parents and grandparents live with their families rather than them going into a nursing home facility.  He said clearly this is something that has an enormous social good and financial impact.  He added that he hopes the Board and staff moves as expeditiously as possible to implement this. 

     Chairman McLain agreed with Commissioner Morris’ comments. 

     County Attorney, Robert McMillan, advised the County’s Codes would still need to be met during construction. 

     The Chairman stated the Board would need to have the necessary meetings with the cities’ and other partners for their input as part of a public hearing. 

The Board, by unanimous consensus, directed staff to move forward with implementing the Granny Flats Bill with same to be brought back to the Board prior to the first of the year. 

COUNTY MANAGER’S CONSENT AGENDA

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

Administrative Services

Support Services

 9.  Approve and authorize Chairman to execute the First Renewal Amendment, as shown on page _______, to Seminole County Public Defender Office Lease. 

10.  Approve and authorize Chairman to execute the Second Amendment, as shown on page _______, to Seminole County Health Department – WIC Lease, located at 132 Sausalito Boulevard, Casselberry, FL. 

11.  Approve request to declare surplus a County owned .61 acre parcel, a portion of vacant land identified as Parcel #13-21-30-300-002C-0000, Citrus Road, Winter Springs. 

12.  Approve and authorize Chairman to execute Contract for Sale and Purchase of Land, County Warranty Deed and Drainage and Access Easement, as shown on page ________, conveying Parcel #23-21-30-5LT-0000-0460, located at 1136 Valley Creek Run, Winter Park to Clara and Daniel Coleman. 

 

Environmental Services

Business Office

13.  Approve and authorize Chairman to execute Release of Sewer Capacity, as shown on page ________, (1,017 gpd) between Seminole County and Charles W. Clayton Jr., and W. Malcolm Clayton, Trustees for the project known as Willa Springs Shopping Center. 

Water/Sewer

14.  Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _______, between Seminole County and the City of Kissimmee for the disposal of sludge. 

 

Fiscal Services

Administration

15.  Approve and authorize the Chairman to execute a competitive grant proposal, the Community Delinquency Prevention – Title V, as shown on page _______, to the Department of Juvenile Justice, Office of Prevention & Victim Services.

Budget

16.  BCR #03-83 – $61,230 – Judicial – Public Defender’s Office – Fund: 12700 – Criminal Justice Fund.   Transfer to cover projected expenditure costs through the end of the fiscal year.

17.  Adopt appropriate Budget Amendment Resolution #2003-R-165, as shown on page _______, $15,016 – Public Defender’s Office: 00100 – General Fund.  Additional funds are required to fund Court Reporters, Expert Witnesses, Clinical Evaluations and Court Interpreters through the end of the fiscal year.

18.  Budget Amendment Resolution #2003-R-166, as shown on page _______, $1,470,000 – Tourist Development Debt Service Fund: 21000; to recognize bond proceeds from the refinancing of the Tourist Development Bonds.

Purchasing

19.  Award CC-1212-03/PWM – Twelve Continuing Work-Order Contracts, as shown on page _______, for Miscellaneous Seminole County S.H.I.P. Home Repairs, Rehabilitations, and Total Reconstruction Projects to Aagaard McNary Construction of Orlando; Atlas General Inc. of Winter Springs; Chad Willhite of Keystone Heights; Corinthian Builders, Inc. of Lake Mary; Elizabethian Construction Services, Inc. of Winter Springs; George Rada of Mt. Dora; J.F. VII Corporation of Casselberry; The M.J. Simpson Corporation of Altamonte Springs; Neace Builders, Inc. of Casselberry; Ruby Builders, Inc. of Orlando; Trinity Homes of Maitland; and Unipark Construction Corporation of Orlando (Not-to-exceed $2,700,000/per year for all twelve combined).

20.  Approve Change Order #10, as shown on page _______, to FC-1142-00/BJC – CR 427, Phase V & VI with Bergeron Land Development, Kissimmee ($226,097.87).

21.  Approve Renewal #1, as shown on page _______, to FC-1164-01/BJC – Master Agreements for Miscellaneous Construction & Renovations Projects with an estimated value of $100,000.00 or less including emergencies, with Elizabethan Construction Services, Inc., Longwood; Hunter-Nelson, Inc., Orlando; R. L. Haines Construction, Inc., Winter Park; and Terra Firma, CMI, Orlando (November 13, 2003 through November 13, 2004) (Not-to-Exceed a combined total of $2,000,000.00/year).

22.  Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for FC-1175-02/BJC – Hiley’s Fish Camp/Overlook Park, with The Watauga Company, Titusville.

23.  Approve ranking list for PS-5146-03/BJC – Master Agreement, as shown on page _______, for CEI Services for State Road 434 Access Management Project – (US 17-92 to SR 419) and award a Master Agreement to AB/WCG Joint Venture, Orlando (Not-to-Exceed $575,000.00).

24.  Approve Amendment #1, as shown on page _______, for PS-5128-02/BJC – Engineering Services and Construction Engineering and Inspection Services for Country Club Well #3 project, with Inwood Consulting Engineers, Inc.

25.  Approve Renewal #1, for PS-5120-02/BJC – Master Agreement for General Engineering Consultant Services to support Seminole County Public Works Department with PBS&J, Inc. of Orlando (November 26, 2003 through November 25, 2004) (Not-to-Exceed $740,000.00 per year).

26.  Approve Second (Final) Renewal for PS-599-01/BJC – General Professional Consulting Services for Transportation Planning/Technical Transportation Planning Work Tasks with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. of Orlando; GMB Engineers & Planners of Orlando; and Leftwich Consulting Engineers, Inc. of Orlando (December 15, 2003 through December 14, 2004) (Not-to-Exceed $65,000.00).

27.  Award RFP-4196-03/DRS Contract, as shown on page _______, Marketing Consulting Services, to Paradise Advertising & Marketing of St. Petersburg, FL (Not-to-Exceed $125,000.00 per year).

28.  Approve Amendment #1, as shown on page _______, to RFP-491-00/BJC  – Legal Services Consultant Agreement with Lyon Kirwin, P.A. of Winter Park (Name Change and Continuation of Services for Current Cases).

29.  Approve Amendment #4, as shown on page _______, to Work Order #5, RFP-489-00/BJC – Appraisal Services, Airport Boulevard – Phase III Major Road Project with Diversified Property Specialists, Inc., DeBary ($150,000.00).

 

Information Technologies

Telecommunications

30.  Approve and authorize Chairman to execute the Fiber Optic Communication Network Interlocal Agreement, as shown on page _______, (FOCN) amending the current terms and conditions associated with the provisions for the shared use of the FOCN by Seminole Community College, Seminole County School Board, Florida Department of Revenue, and the Cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Sanford and Winter Springs. 

 

Planning & Development

Development Review

31.  Approve Release of Cash Maintenance Bond #01-5500038 in the amount of $45,190.62 for the project known as Markham Estates Final Engineering and replace with Peoples First Community Bank Irrevocable Letter of Credit, as shown on page _______. 

32.  Adopt appropriate Resolution #2003-R-167, as shown on page _______, to vacate and abandon a temporary utility easement located on the west side of Foxridge Run and the north side of Hickory Tree Road within The Woodlands Section 2 Subdivision (Vincent Marshall). 

33.  Approve Final Plat for Wayside Estates which consists of 10 single family residential lots on 5.316 acres zoned R-1AAA, located on the northeast corner of Wayside Drive and Henderson Lane (Bovis Homes Florida, LLC). 

34.  Approve Final Plat for Off Broadway Industrial Park and acceptance of the Warranty Deed, as shown on page _______, for additional right of way on Sixth Street, located on the east side of Sixth Street, approximately 655 feet south of CR 426 (David E. Axel). 

Planning

35.  Approve and authorize Chairman to execute the Interlocal Funding Agreement, as shown on page _______, for Fiscal Year 2003/2004 between Seminole County and the Orlando Urban Area Metropolitan Planning Organization, d/b/a METROPLAN ORLANDO, to provide Seminole County’s share of funding to support the functions necessary to achieve METROPLAN ORLANDO’S role in planning the Orlando Urban Area Transportation System. 

 

Public Safety

EMS/Fire/Rescue

36.  Approve and authorize Chairman to execute the Emergency Medical Service, County Grant Application, as shown on page _______, and to adopt appropriate Resolution #2003-R-168, as shown on page _______, to the Department of Health, Bureau of Emergency Medical Services as authorized by Chapter 401, Part II, Florida Statutes to distribute County grant funds. 

 

Public Works

Engineering

37.  Approve and authorize Chairman to execute the Joint Use Agreement, as shown on page _______, for Stormwater Facilities for County Road 419, Phase II with Live Oak Reserve, Ltd. 

38.  Approve and authorize Chairman to execute the First Amendment to the Agreement, as shown on page _______, between Seminole County and the University of South Florida for work on the Seminole County Watershed Atlas Project. 

 

Tourism

39.  Approve and authorize Chairman to execute the Agreement, as shown on page ________, between Seminole County and APR Events Group Inc., in the amount of $20,000 for the Powerboat Superleague Top Gun Challenge to be held at Cranes Roost Park, Altamonte Springs.

 

County Manager

39A. Approve and authorize Chairman to execute the amended Interlocal Agreement, as shown on page _______, creating the Orlando Urban Area Metropolitan Planning Organization.

 

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

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve proposed settlement relating to Parcel #216 of the East Lake Mary Boulevard Ph. IIB Road Improvement Project, located at 4430 Canyon Point, Sanford, Guthrie, in the amount of $12,500 inclusive of land value, severance damage, statutory interest, attorney’s fees and costs. 

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

CONSTITUTIONAL OFFICIERS’ CONSENT AGENDA

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

CLERK’S OFFICE

41.  Expenditure Approval Lists, as shown on page _______, dated September 16, 23 & 30, 2003; and Payroll Approval List, as shown on page _______, dated September 11, 2003. 

 

42.  Chairman to execute the following Satisfactions of Judgment for Court Costs: 

 

Nicholas Koval, #01-2206-CFA - $70

     Paul Michael Lamb, #03-1118-CFA - $328

     Craig Darrell Huff, #00-1549CFB - $328

     William M. Arthur, #94-1192-CFA - $141.29

     David Lee Fairure, Jr., #95-13628-MMA - $280

     Shundrica Metz, #96-4655-MMA - $110

     Sean Lawrance Requena, #01-2733-MMA - $188 Court Costs and Public Defender Application Fee

 

43.  Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens: 

 

John Echeverry and American Bankers Ins. Co., #02-12113-MMA - $538

     Joseph Michael Slaven and American Bankers Inc. Co., #03-2328-MMA - $201

     Donald Ottis Gay and Bankers Ins. Co., #03004149MMA - $516

 

44.  Chairman to execute the following Satisfactions of Judgment for Application of Indigency Fee: 

 

Denard R. Williams, #00-2514-CFA - $40

     Denard R. Williams, #00-1371-CFA - $40

 

45.  Official BCC Minutes dated September 9, 10 and 23, 2003. 

 

46.  Noting, for information only, the following Clerk’s “received & filed”: 

 

 1. Satisfactions of Connection Fees, as shown on page _______, for the following projects:  Heathrow Tract 34B-Kentford Gardens; Colonial Town Park Building B1; NW Oregon PUD Dunwoody Commons; Cambridge Prep School; Kirtley Center; and Willa Springs Commercial Center Lot 6 Premiere Shows.

 

 2. Conditional Utility Agreements, as shown on page _______, for water and sewer service with the following:  Centex Homes, A. G. Construction & Development Co., and MAG Development Co., Inc.

 

 3. Bill of Sale, as shown on page ________, for water facilities for the project known as Waterstone; and Bill of Sale (and letter of acceptance) for water, sewer and roads for the Neighborhood Market - Red Bug Lake Road (Wal-Mart Stores East, L.P.).

 

 4. Maintenance Bond, as shown on page ______, in the amount of $9,405.23 for water and sewer facilities for the Wal-Mart Neighborhood Market at Red Bug Village; Maintenance Bond in the amount of $3,211.40 for water facilities for Waterstone; Private Road Maintenance Bond in the amount of $58,371.41 for Oakhurst Reserve.

 

 5. Work Order #3, as shown on page _______, to PS-5106-01, Camp Dresser & McKee, Inc.

 

 6. Work Orders #1 and #2, as shown on page _______, to CC-1203-03, Angel-Brite, Inc.

 

 7. Work Order #74, as shown on page _______, to FC-1139-00, JCB Construction, Inc.

 

 8. Memorandum to Sandy McCann from David V. Nichols, Principal Engineer, submitting two Right of Entry Agreements, as shown on page _______, with Joanne Edwards and Craig Baker for reconstruction of the wall at Mayfair Oaks Subdivision.

 

 9. First Amendment, as shown on page _______, to Work Order #13 to PS-574-00, The Colinas Group.

 

10. Work Order #75, as shown on page _______, to FC-1139-00, C. A. Meyer Paving & Construction Co.

 

11. Change Order #2, as shown on page _______, to CC-1183-02, CenState Contractors, Inc.

 

12. Work Order #4, as shown on page _______, to PS-576-00, Professional Engineering Consultants, Inc.

 

13. First Amendment, as shown on page _______, to RFP-4159-02, Brodart Company.

 

14. Memorandum to Sandy McCann from Denes Balo, Director of Clerk’s Finance, submitting the Fiscal Year 2002/2003 Clerk’s Amended Budget, as shown on page _______.

 

15. Quit Claim Deed, as shown on page _______, by Maronda Homes, Inc. of Florida dated April 16, 2003.

 

16. Agreement M-396-03, as shown on page _______, with MacTec Engineering.

 

17. First Amendment, as shown on page _______, to M-392-03, Corinthian Builders, Inc.

 

18. Agreement M-397-03, as shown on page _______, with Key Solutions, Inc.

 

19. Amendment #1, as shown on page ________, to Work Order #15 for PS-551-00, EMS Scientists, Engineers & Planners.

 

20. Work Order #10, as shown on page _______, to PS-566-00, BCI Engineers & Scientists, Inc.

 

21. Work Orders #8 and #9, as shown on page _______, to FC-1164-01, Elizabethan Construction Services.

 

22. Work Order #2, as shown on page _______, to PS-5108-01, Hartman & Associates.

 

23. Memoranda to the BCC from County Manager Kevin Grace regarding capital project fund transfers for the following:  Soldier’s Creek Park improvements in the amount of $128,152; the County Services Building Parking & Drainage Project in the amount of $579,996; and the Pedestrian Bridge over SR 434 in Winter Springs in the amount of $26,300.

 

24. Administrative Development Orders, as shown on page ________, dated August 20, 2003, for Lynette Permaul and Tarlalyn P. Brown, and September 8, 2003 for Warren Barty.

 

25. Fifth Amendment, as shown on page _______, to HVAC Maintenance and Repair Agreement, Bid #260-01.

 

26. Change Order #1, as shown on page _______, to CC-1209-03, PNL Commercial Corp.

 

27. Change Order #3, as shown on page _______, to CC-1191-02, Prime Construction Group, Inc.

 

28. Work Order #11, as shown on page _______, to PS-372-97, Camp Dresser & McKee.

29. First Amendment, as shown on page _______, to Work Order #2, RFP-4108-01, ZHA, Incorporated.

 

30. Audit of the Deposits for Non-Residential Customers of the Department of Environmental Services Water and Sewer Division.

 

31. Notice from the Florida Public Service Commission of customer hearings for Dockets No. 030867-TL; No. 030868-TL; and No. 030869-TL.

 

32. Memorandum to Sandy McCann from Dixie Haller, Planning & Development, regarding P&D documents.

 

33. Bids as follows:  #292-03; #294-03; RFP-4204-03; RFQ-4202-03; and PS-5150-03.

 

JUDICIAL

47.  Approve and authorize the Chairman to execute the 50/50 Matching Grant-in-aid, as shown on page _______, pursuant to Specific Appropriation 2989 of the 2003-04 General Appropriations Act for the establishment or continuation of the Civil Traffic Infraction Hearing Officer Program in Seminole County. 

 

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

REGULAR AGENDA

     David Medley, Community Services Manager, addressed the Board to request BCC approval of staff’s recommendation for the distribution of the Community Service Agency Partnership Grant funds.  He expressed appreciation to the agencies and the Board for their continued involvement with the agencies.  He advised that staff will be coming back to the Board with a specific recommendation for funding substance abuse. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to approve staff’s recommendation of the distribution of $1,196,393 in the Community Service Agency (C.S.A.) Partnership Grant funds; and authorize the Chairman to execute Contracts, as shown on page _______, with approved agencies. 

     Under discussion, the Board directed Mr. Grace to evaluate the funding request for Crooms & SCC (large matching grant) and bring those back to the Board at the same time the Board is considering the substance abuse funding.

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

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     David Gregory, Solid Waste Manager, addressed the Board to present the proposed resolution adopting additional solid waste fees and related rules and regulations. 

     Commissioner Van Der Weide stated he has no problem with this item. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-169, as shown on page _______, adopting solid waste disposal fees and related rules and regulations. 

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

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     Mr. Gregory presented request for approval of non-exclusive franchise agreements for the collection of commercial solid waste. 

     Commissioner Maloy discussed the requirement for the hauler to keep a complaint log.  He said that he can understand why a log would be needed for an exclusive franchise, but not for a non-exclusive franchise.  Discussion ensued. 

     Commissioner Van Der Weide stated considering the fact that a customer can switch companies if they are not happy with the service, he does not believe the log is necessary. 

     Chairman McLain stated any good business would keep a record of complaints for their own management purposes. 

      Commissioner Maloy stated it’s his preference to remove Section 9, Complaints, from the agreement. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2003-R-170, as shown on page _______, approving the Non-Exclusive Franchise Agreements, as amended, deleting Section 9, Complaints, for commercial solid waste; and authorize the Chairman to execute Agreements, as shown on page _______, after review by the County Attorney’s Office. 

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

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     Director of Public Safety, Ken Roberts, and Fire Chief, Terry Schenk, addressed the Board to request approval of the purchase of the Fire/Rescue Emergency Training Center property. 

     Upon inquiry by Commissioner Maloy, Mr. Roberts advised Diane Kramer from the School Board had no major concerns regarding this property. 

     Chief Schenk briefly discussed the “footprint” for the property. 

     Chairman McLain stated he believes it is important to maintain as large a buffer as possible. 

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the purchase of property located at 201 Valentine Way, Longwood, for use as a Fire/Rescue Emergency Training Center for $2.375 million, utilizing funds from the Fire/Rescue MSTU; and authorize the Chairman to execute the Contract for Sale & Purchase, as shown on page ________, and other required documents. 

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

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     County Engineer, Jerry McCollum, addressed the Board to advise staff’s recommendation for the SR 15/600 (Hwy. 17-92)/SR 436 Interchange is for the left side (West) alternative. 

     Upon inquiry by Commissioner Maloy, Mr. McCollum advised two public meetings have been held on this item. 

     Luis Diaz, FDOT, addressed the Board to advise a public hearing is scheduled for November 18 and will be held at Casselberry City Hall. 

     Mayor Bruce Pronovost, City of Casselberry, addressed the Board to advise the City Commission has voted to support the left side (west) alternative for the intersection because they feel that alternative will have the least amount of impact to the area.  He further advised the City is trying to develop a focal point around the City Hall area and discussed plans for same.  He added the redevelopment for this area is vital. 

     Motion by Commissioner Morris, seconded by Commissioner Henley to approve the left side alternative (west of Hwy. 17-92) for the SR 15/600 (Hwy. 17-92) and SR 436 Interchange. 

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

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     Michael Rumer, Planner, addressed the Board to present the Preliminary Subdivision Plan for Tuscany Island Subdivision located on the west side of Tuskawilla Road at Old Bear Run and approximately 1500 feet north of the intersection of Tuskawilla Road and SR 426 in Section 36, Township 21 South, and Range 30 East, Lance Bennett.  He advised the plan calls for five single family lots located on Tuskawilla Road.  The typical lot size will be over a half acre.  The two rear lots abutting Bear Gully Lake show a retention swale within the 100-year flood level, which may be relocated during the final engineering review process.  He further advised the applicant is requesting a waiver to Section 10.8, Appendix A of the Land Development Code to allow the construction of a sidewalk on only one side of the proposed road.  The sidewalk will be located on the north side of the road and will front on all five lots.  He added that staff recommends approval of the plan and the waiver as requested. 

     Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Preliminary Subdivision Plan for Tuscany Island Subdivision located on the west side of Tuskawilla Road at Old Bear Run and approximately 1500 feet north of the intersection of Tuskawilla Road and SR 426 in Section 36, Township 21 South, and Range 30 East, Lance Bennett; and to grant waiver as requested, with staff recommendations. 

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

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     Jeff Hopper, Planner, addressed the Board to present the Final Master Plan and Developer’s Commitment Agreement for Hester Oaks Subdivision PUD, located on the west side of Hester Avenue, ¼ mile south of Ronald Reagan Boulevard, Jim Cooper.  He advised the zoning approval permitted minimum size lots of 55 feet in width and 6,600 square feet in size; however, the applicant has provided a layout showing lots of 8,150 square feet or greater, and a minimum 75 feet in width.  He further advised that staff finds that the proposed plan and developer’s commitment agreement are consistent with the Preliminary Master Plan and approved D.O.  He identified the following changes on page 2 of the agreement:  (1) Sidewalks shall be installed along both sides of interior roadways; (2) The developer will contribute a fair-share payment toward a traffic light at CR 427, if warranted within a five-year period, not to exceed 5% of the total cost to a maximum of $7,500; and (3) A four rail wooden fence will be constructed along Hester Avenue. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, as amended, for Hester Oaks Subdivision PUD, located on the west side of Hester Avenue, ¼ mile south of Ronald Reagan Boulevard, Jim Cooper. 

     Districts 1, 3, 4 and 5 voted AYE. 

     Commissioner Morris voted NAY. 

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     Planning Manager, Matt West, addressed the Board to advise that no action is necessary on Item #54, Preliminary Subdivision Plan for Hester Oaks Subdivision, due to the previous Board action on Item #53. 

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     The Chairman recessed the meeting at 11:35 a.m., reconvening at 11:40 a.m., this same date. 

COUNTY MANAGER’S BRIEFING, CONTINUED

     Director of Environmental Services, Bob Adolphe, addressed the Board to advise this is an update on the proposed Seminole County Environmental Services Department’s Alternative Water Supply Program. 

     Chuck Drake addressed the Board to give a PowerPoint presentation (copy of slides received & filed) and discussed the following:  Program Objectives; Alternative Water Supply Project; and the Northwest Regional Water Resources Center. 

     Commissioner Van Der Weide left the meeting at this time. 

     Mr. Drake continued with his presentation discussing Phases I, II and III.  He reviewed the following:  NWRWRC Site Plan; NWRWRC Treatment Methods; NWRWRC Construction Costs; and NWRWRC Conceptual Transmission Costs. 

     Commissioner Van Der Weide reentered the meeting at this time. 

     Mr. Drake concluded by reviewing the following:  Greenwood Lakes Water Resources Center; Potential Partners; Levels of Participation; Potential Regional Customers; and Alternative Water Supply Project Funding. 

     Chairman McLain stated he believes it is important to aggressively go after alternative uses of water.  He said he would also like staff to aggressively assist residents and homeowners’ associations and educate them about shallow wells for irrigation. 

     Mr. Grace reported that staff is working on the shallow wells education program. 

     Commissioner Henley questioned to what extent has staff looked at the potential water supply from retention ponds. 

     Mr. Drake advised they have identified several retention ponds, including ponds in subdivisions, to determine if a horizontal well could be put around them.  A brief discussion ensued. 

     The Chairman requested staff keep the Board involved in this process to make sure everything is on track. 

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     The Board discussed the possibility of levying an additional one-cent fuel tax for funding transit operating (ADA) costs. 

     Chairman McLain stated he does believe a funding source should be found for ADA, but he is not in favor of raising the fuel tax.  He suggested staff look into the possibility of using parking fines as a funding source.  He said currently the County charges $125 for illegally parking in a handicapped space and the State allows up to $250. 

     Commissioner Van Der Weide stated he also is not in favor of putting any additional taxes on the public.  He added that he is surprised that this was put on the agenda. 

     Commissioner Morris said he would like to see a dedicated source of funding for ADA and he would be willing to look at parking fines. 

     Chairman McLain stated he would like to see the County Manager work with the cities and the Clerk of Court to identify these traffic fines and violations. 

     Commissioner Maloy stated he is opposed to raising the gas tax.  He said he requested a report on how LYNX is doing with their efficiencies and has not received it yet. 

     The Chairman summarized that the direction from the Board is that they are not interested in increasing the gas tax at this time, directing staff to come up with other ways for a dedicated funding source for ADA transit. 

     Alice Gilmartin, Planner, addressed the Board to suggest staff come back to the Board in December or the first of January with a list of performance measures and a list of funding options. 

     The Board concurred with Ms. Gilmartin’s suggestion. 

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     The Chairman announced that Item #59, Parking Recreation Vehicles on Private Residential Property, and Item #60, New Bus Route to Airport/Midway Community, will be discussed after the afternoon public hearings. 

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     The meeting was recessed at 12:10 p.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

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

 

AMENDMENT TO THE HIBC DEVELOPMENT

AGREEMENT/MIRANDA FITZGERALD

 

     Continuation of a public hearing from August 26, 2003 and September 9, 2003 to consider an amendment to the DRI Development Order and rezoning from PUD (Planned Unit Development) to PUD and amendment to the PUD Final Master Plan and Developer’s Commitment Agreement for the HIBC DRI (Heathrow International Business Center Development of Regional Impact) and PUD to allow a college/university campus accompanying office space on Tract B of the HIBC located on the west side of I-4 immediately north of the I-4 and Lake Mary Boulevard Interchange, on properties extending north along International Parkway to CR 46A; as described in the proof of publication, Miranda Fitzgerald.

     Principal Planner Tony Matthews addressed the Board to present the request, stating staff is recommending approval of  the First Amendment to the Third Amended and Restated Development Order with findings; and recommending approval of the rezoning to PUD which incurs the first amendment to the Third Amended and Restated Commitments, Classification and District Description, with the following findings:  (1) The proposed uses would be compatible with surrounding development and development trends toward mixed use development; (2) The additional traffic and diverted trips resulting from this proposal will not result in any adverse impacts and will not alter the conditions of the 2000 Monitoring and Modeling Study, and consequently, no mitigation is needed; (3) The increase if the percentage of external trips and office square footage do not result in an automatic substantial deviation determination according to the DRI statutes; (4) The applicant has provided sufficient evidence to rebut the presumption of substantial deviation and, therefore, no further DRI review is required; (5) The request is consistent with the adopted future land use designation of Planned Development; and (6) The request is consistent with Plan policies identified at this time.

     Mr. Matthews advised that the Land Planning Agency recommended approval of the requests, and the City of Lake Mary will hold two Commission hearings on the requests.  At the first public hearing, the City Commission did recommend approval and their second public hearing will be held this Thursday night.  The East Central Florida Regional Planning Council has issued a letter stating there are no further DRI issues regarding this request.

     Attorney Miranda Fitzgerald, Lowndes, Drosdick, Doster, Cantor and Reed, 215 N. Eola Drive, representing Seminole Community College, addressed the Board to state they are in agreement with everything staff has said.  They have worked out the issues with Colonial.  She advised she has given to County Attorney Robert McMillan some cleanup, typographical changes to the two documents and substitution pages for the original documents.

     Mr. McMillan stated he has reviewed the changes and they are purely typographical so staff will go ahead and make those.

     No one else spoke in support or in opposition.

     District Commissioner McLain recommended a motion in support of the staff recommendations and findings, including changes presented by Attorney Fitzgerald.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve the First Amendment, as shown on page _______, to the Third Amended and Restated Development Order for the Heathrow International Business Center Development of Regional Impact, with staff findings and typographical amendments by Attorney Fitzgerald; and enact Ordinance #2003-47, as shown on page _______, adopting Planned Unit Development zoning; approve the First Amendment, as shown on page _______, to the Third Amended and Restated Commitments, Classification and District Description, as amended by Attorney Fitzgerald; and approve PUD Final Master Plan for the Heathrow International Business Center PUD, generally located on the west side of I-4, immediately north of the I-4 and Lake Mary Boulevard Interchange, on properties extending north along International Parkway to CR 46A, portions also known as H. E. Thomas, Jr., Parkway with staff findings; as described in the proof of publication, Miranda Fitzgerald.

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

MAJOR AMENDMENT TO PCD MASTER

PLAN/MEREDITH PICKENS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider approval of request for a major amendment to the PCD Master Plan and authorize Chairman to execute the Addendum #1 to Developer’s Commitment Agreement for NW 46 PCD, located east of Oregon Avenue, west of I-4, ½ mile north of SR 46; Meredith Pickens, received and filed.

     Planning Manager Matt West addressed the Board to state he has received a request to continue this hearing to October 28, 2003.  A copy of the letter from Ms. Pickens was received and filed.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to continue to October 28, 2003, the public hearing for consideration of a major amendment to the PCD Master Plan and authorization of the Chairman to execute the Addendum #1 to Developer’s Commitment Agreement for NW 46 PCD, located east of Oregon Avenue, west of I-4, ½ mile north of SR 46; as described in the proof of publication, Meredith Pickens.

     No one spoke in support or in opposition.

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

BILLBOARD AGREEMENT/ROBERT MANDELL

     Chairman McLain stated the Board’s discussion this morning was to continue the public hearing for the Billboard Agreement to 7:00 p.m. as it is related to another item on tonight’s agenda.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to amend the agenda to move the Billboard Agreement item to the evening session at 7:00 p.m.

     No one spoke in support or in opposition.

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

ALCOHOLIC BEVERAGES ORDINANCE

     Proof of publication, as shown on page _______, calling for a public hearing to consider enacting a proposed amendment to Section 15.17, Seminole County Code, relating to alcoholic beverages, received and filed.

     Mr. McMillan presented the request, stating the draft ordinance requires ceasing operations at 2:00 a.m. including the consumption of alcohol and the establishment would be shut down at 2:30 a.m.  He said an alternative ordinance requires the owner to shut the establishment from the exterior at 2:00 a.m., but actually close the business at 2:30 a.m. and permit consumption between 2:00 a.m. and 2:30 a.m.  He distributed a copy (received and filed) of the alternative ordinance to the Board. 

     Mr. McMillan also distributed a memorandum (copy received and filed) to the Board showing what other surrounding communities have done.  He advised the correction to that information is that the cities of Casselberry and Orlando allow consumption till 2:30 a.m.

     Michael Levine, 2500 S. US Highway 17-92, addressed the Board to state he is asking the Board to consider the second alternative.  He submitted Petitions, as shown on page _______, in support of amending the wording of the proposed ordinance.  He said they are not looking to extend the hours of sale in the County, but they are looking to eliminate any conflict with their customers at 2:00 a.m. by removing a drink if they purchase it at 1:50 a.m.  They would like to give their customers the consumption period similar to the City of Orlando.  He said if they are forced to remove a drink and make the last call at 1:30 a.m., they see that as a loss of revenue.  The potential is to lose much more revenue as well as laying off employees because people will go to another county where they can now drink at least another 1 1/2 hours later.

     Mark Gorrell, 3801 W. Lake Mary Boulevard, addressed the Board to state he owns a sports pub in Lake Mary and he does his best to do their last call for consumption from 1:35 a.m. to 1:40 a.m.  He thinks they do need a ruling on when people should be out of the business.  He said for safety and security, he likes to see all the employees gone by 2:20 a.m.  He is endorsing the second option.

     George Riel, 988 W. SR 434, addressed the Board to state he owns a sports pub in Longwood.  They close at 2:00 a.m. and the customers are gone at 2:30 a.m.  He said he supports Mr. Levine on the second option.

     John Wright, 3730 E. SR 46, owner of a lounge in Midway, addressed the Board to state they do not violate any laws.  He requested the Board consider the second option that Mr. Levine has stated.

     Harry Stierwalt, 350 E. SR 434, addressed the Board to state he is also recommending choosing the second option as stated by Mr. Levine.  He said it would be very difficult to try to meet the first option.  He thinks it would be a problem for an employee to go around and pick up customer drinks.  He said they stop serving at 2:00 a.m. and everyone knows they are closed.  Everyone is out of the business by 2:30 a.m.

     Steven Redrick, 740 Central Florida Park, addressed the Board to state he supports Mr. Levine’s second option and that would be perfect.  He said he would like to have the same rules as Orange County and the second option seems to comply with that rule.

     Lois Fairbrother, 973 Stonewood Lane, addressed the Board to ask them to change the wording to say the consumption of alcohol would end at 2:00 a.m.  This would be getting drinkers off the street a little earlier. 

     P. J. Homa, Casselberry, addressed the Board to state he owns businesses in Maitland and he supports Mr. Levine’s second proposal.  He said they need time to clean up and get things ready for the next day.  He stated Orange County is pushing for later hours, but he wants to keep the same hours.  He said he has been open for nine years and has not had any problems.

     Bill Stephens, 720 Oakland Hills Circle, addressed the Board to state it seems Seminole County has prepared for the sale but not for the service and consumption of alcohol.  He said the Seminole County vision is to protect the health, safety, and welfare of the citizens.  If the Board does that, he believes they should think about ending not just the sale of alcohol at 2:00 a.m., but also the service and consumption.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Commissioner Morris discussed the recommendation by Sheriff Eslinger and said the idea was to roll back the restrictions where service stops at 2:00 a.m. and consumption would end at 2:30 a.m.  He said he would be in favor of the original proposal (alternate) of the sale stopping at 2:00 a.m. and the 2:30 a.m. closure time.

     Commissioner Henley said he supports the first proposed ordinance with the closure at 2:00 a.m.

     Commissioner Van Der Weide stated he supports the alternative ordinance for the reason he thinks it is just good common sense that if someone would be served a drink from 1:45 a.m. to 1:55 a.m., he doesn’t want to have to push the customer out the doors at 2:00 a.m.  He said this ordinance is more restrictive than what they have now. 

     Commissioner Maloy stated when this original issue came up, he believes it was always the intention that sale hours were between 7:00 a.m. and 2:00 a.m.  When he read every other ordinance in the area, with the exception of a couple jurisdictions, they read similarly.  The issue came up with the letter from the Sheriff saying the ordinance is too big, and he proposed revising the current ordinance to allow consumption on the premises, not only the sale of alcohol, and prohibit service after 2:00 a.m.  The issue was to stop consumption after 2:00 a.m.  He knows there has been a lot of lobbying by the bars and a lot of letters received today.  The ordinance staff advertised, he believes, is the right way to go.  He thinks if people knew the Board was going to make it more lenient, there might have been a bigger turnout at the meeting.  If the Board passes the alternative ordinance, Seminole County will be known as the place for the best bars as Orange County does not have that rule.  He said he supports the first proposal.

     Motion by Commissioner Maloy, seconded by Commissioner Henley, to enact the Alcoholic Beverages Ordinance advertised (first proposal), amending Section 15.17, Seminole County Code. 

     Under discussion, Chairman McLain said he has not been lobbied by any bar, and he has not seen any letters from any adult entertainment facilities other than what was presented today in the meeting.  He said with Option 2, they are restricting consumption from 2:30 a.m. to 7:00 a.m.  He thinks it is in the best interest of all citizens not to push anyone out of doors after 2:00 a.m. after they have just had a drink.  If people drink, he thinks they need as much time as they can get after drinking before they drive.

     Districts 1 and 4 voted AYE.

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

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to enact Option 2 Alternative Alcoholic Beverages Ordinance #2003-48, as shown on page _______, amending Section 15.17, Seminole County Code.

     Under discussion, Commissioner Morris stated he has spoken with Chief Deputy Steve Harriett, Sheriff’s Office, and they also submitted a draft ordinance along with their letter that had been worked out with the industry.  The County made some changes in it, and the County Attorney’s Office has worked out the glitches.  They have a rigid ordinance for adult entertainment establishments and that is a separate issue. 

     Commissioner Maloy said he would oppose this option.  He said if this passes, they would have more lenient drinking rules in the area.  He said 2:00 a.m. is the standard and is the one that the Board should be enacting.

     Commissioner Van Der Weide said he thinks this ordinance is more restrictive due to the fact the customers have to be out at 2:30 a.m. instead of hanging around till 7:00 a.m.  The industry supports it and he thinks the Sheriff supports it.  He feels very comfortable with it. 

     Commissioner Henley said he will not be supporting this option because he agrees with Commissioner Maloy that drinking longer does not make it any better on the road.  He thinks 2:00 a.m. is reasonable and is better than 2:30 a.m.

     Discussion continued with Chairman McLain and Commissioner Maloy.

Steve Harriett, Sheriff’s office, addressed the Board to state the original request was to clarify and establish an absolute closing time.  The two o’clock time was originally specified because it was closest to the existing ordinance.  As they participated in discussions to come up with a fair and reasonable way to amend the ordinance, they thought it reasonable to build in a closing period, provide for the establishment to close, provide no further admission of patrons and allow persons who had purchased drinks to consume that drink with the understanding of when the establishment would be completely closed.  That gave the Sheriff a time certain for closing, whereas, before the ordinance did not have that.  He said 2:00 a.m. or 2:30 a.m. is not that significant to the Sheriff’s Office.  It just has to be one or the other. 

Upon inquiry by Commissioner Maloy regarding enforcement, Chief Harriett said it has been his experience that these establishments are self-complying because they realize how significant it is to maintain the licenses.

Discussion continued.

Commissioner Van Der Weide called the question.

Districts 1, 2, 3, 4, and 5 voted AYE to call the question.

Chairman McLain called for the vote on the main motion.

Districts 2, 3, and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

SMALL SCALE LAND USE AMENDMENT

TOM DALY

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Land Use Amendment from Commercial to Planned Development (PD) on 6.6 acres on the south side of Wilshire Boulevard, ¼ mile west of SR 436, Tom Daly, received and filed.

     Jeff Hopper, Senior Planner, addressed the Board to state this request is a housekeeping item and does not require a change in the townhouse development plan approved in May of this year.  He advised that no changes to the PUD site plan are being proposed and staff is recommending approval of the land use amendment to PD.

     Thomas Daly, applicant, addressed the Board to state he has no comments.

No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to enact Ordinance #2003-49, as shown on page _______, approving the requested Small Scale Land Use Amendment from Commercial to Planned Development (PD) on 6.6 acres on the south side of Wilshire Boulevard, ¼ mile west of SR 436; as described in the proof of publication, Thomas Daly, with staff findings.

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

FINAL MASTER PLAN AND DEVELOPER’S

COMMITMENT AGREEMENT/TOM DALY

     Mr. Hopper presented the request for approval of the Final Master Plan and Developer’s Commitment Agreement for Wilshire Townhomes PUD and authorize Chairman to execute same; located on the south side of Wilshire Boulevard, approximately ¼ mile west of Semoran Boulevard, Tom Daly.  He stated the staff finds that the proposed Final Master Plan and Developer’s Commitment Agreement are consistent with the Preliminary Master Plan, the approved Development Order, and the Vision 2020 Plan, and is, therefore, recommending approval.

     No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _______, for Wilshire Townhomes PUD and authorize the Chairman to execute same; property located on the south side of Wilshire Boulevard, approximately ¼ mile west of Semoran Boulevard, based on staff findings; as described in the proof of pulication, Tom Daly.

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

REZONE FROM A-1 TO PCD

HOWARD SCHIEFER-DECKER

 

     Proof of publication, as shown on page _______, calling for a public hearing in consideration of rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development), property located on the southeast corner of Church Street and N. Elder Road for a 4.25 acre parcel to develop an office-warehouse development, Howard Schiefer-Decker, received and filed.

     Mr. Hopper stated the applicant has agreed to limit the office uses for 20% of the total floor area.  Staff is recommending approval subject to the conditions in the staff report and development order.

     Howard Schiefer-Decker, applicant, addressed the Board to state he has no comments.

     No one spoke in support or in opposition.

     District Commissioner McLain recommended a motion to adopt the ordinance approving the rezoning as recommended by staff.

     Motion by Commissioner Henley, seconded by Commissioner Morris, to enact Ordinance #2003-50, as shown on page _______, rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) property located on the southeast corner of Church Street and N. Elder Road for a 4.25 acre parcel to develop an office-warehouse development; as described in the proof of publication, Howard Schiefer-Decker; and approve Development Order, as shown on page _______..

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


VIDEO/SLOT MACHINES AND SIMILAR

EQUIPMENT MORATORIUM

     Proof of publication, as shown on page _______, calling for a public hearing to consider approving Ordinance imposing a temporary moratorium until January 12, 2004 (corrected from January 14, 2003) on the receipt, consideration or issuance of permits and licenses for facilities operating video machines, slot machines and similar equipment pending study of legality of such facilities, received and filed.

     Mr. West introduced new employee, April Boswell, Senior Planner, to the Board

Ms. Boswell addressed the Board to present the request for approval.

Rose Marie Hall, 2905 Lockwood Boulevard, addressed the Board to state she applied for a license and it has been since August 29, 2003.  She asked if she will know in January 2004 whether she will be able to open for business or not.

Mr. McMillan explained that the moratorium will expire on January 12, 2004, and at that point, if the Board has not put on any other regulations or extended the moratorium, she will be able to pull a license.

Upon inquiry by Commissioner Maloy, Ms. Hall explained her business and invited the Commissioners to visit her facility in Volusia County.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Maloy, to enact Ordinance #2003-51, as shown on page _______, imposing a temporary moratorium until January 12, 2004 on the receipt, consideration or issuance of permits and licenses for facilities operating video machines, slot machines and similar equipment pending study of legality of such facilities; as described in the proof of publication.

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

ITEMS FOR FUTURE AGENDA - CITIZENS

     Mr. Stan Bessmer, Fern Park, addressed the Board to state he attended the Chamber of Commerce meeting, and on the walls they had a picture of the SR 436 flyover showing where it is going, how it is going in, and what it is going to do.  When he asked other people what they thought, they were all upset.  He said the County’s representative advised him that a public hearing would be held on November. 18, 2003.  He asked how could there be a public hearing if the residents don’t know what’s going on.  He would like to see the public hearing held off until the residents realize what the State is trying to do.  He said this project is going to cost $50 million and it is not worth $50 million.  He also said this is going to change the total quality of life in Fern Park.  One plan would isolate the Post Office and the Credit Union and the other plan would isolate the K-Mart Plaza. 

     Chairman McLain said maybe the Board needs more information.

     Mr. Grace said he thinks the traffic counts were presented to the County at the last meeting.  This project has been talked about for a long time and discussed publicly.  He encouraged Mr. Bessmer to go to the public meetings and hearings that will be held.

     Chairman McLain stated he doesn’t think they discussed the local circulation.  He said he would like more information on that from the staff.

     During further discussion, Mr. Bessmer said he is asking for a delay on the public hearings and give the residents at least 6 months to look at this.  He would like the County to give a presentation to the residents.  He said there is a lack of communication on the project.

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     Chairman McLain recessed the meeting at 2:41 and reconvened at 2:55 p.m.

COUNTY MANAGER’S BRIEFING, Continued

     Tony Walter, Principal Planner, addressed the Board to request Board direction addressing the parking of recreational vehicles in residential neighborhoods in the County.  He stated currently the County does not have regulations for restricting parking in residential areas.  He said Orange County, Orlando and Altamonte Springs all regulate where vehicles may be parked.  Some jurisdictions allow parking in the rear or side yards.  All of them require some type of screening.  All of them have a time limit as to when a vehicle can be parked in the front yard or driveway.  One comment from the staff in the jurisdictions is that this is very hard to enforce and keep track of, and they have to rely on complaints.  One issue that has come up in all jurisdictions is the definition of recreational vehicles.  Some jurisdictions also regulate campers, sliding units that go on pickups, personal watercrafts, tents, and pop-up campers.  There was a question of whether a race car on a trailer was a recreational vehicle or not.  He noted that in the unincorporated County, there are a number of subdivisions that do not have homeowner associations. 

     Commissioner Van Der Weide explained that some residents with a homeowners association have said they would never live in another community with that because they don’t want to be told everything they have to do.  He said a lot of people can’t afford to put these vehicles into storage. 

     Commissioner Henley stated the problem the Board has is with areas that don’t have homeowners associations.  They have voluntary associations and don’t have the authority now to go in and invoke that.  He has received some complaints from some of these.  It is a constant irritant to people in the community. 

     Commissioner Morris stated he went through this in the cities of Lake Mary and Winter Springs and it leads you down a slippery slope.  You start with a recreational vehicle and then go to a commercial vehicle.  He said there are some reasonable things that they can do better.  Parking an oversized recreational vehicle that extends into the right-of-way is something they don’t enforce well. 

     Planning Director, Don Fisher, said the Sheriff’s Department regulates if any vehicle causes a traffic problem.

     Commissioner Morris asked if they have a problem or not or is the Board creating their own problem.  He said he personally had not had a lot of complaints.

     Mr. Fisher said part of the problem primarily is parking across the sidewalk or big vehicles parking on the street.

     Mr. Grace said his sense is that this is not a major problem, but occasionally it is.

     Commissioner Van Der Weide said he thinks this needs to go to code enforcement to see if these cases can be handled, but he would not be in favor of putting more regulations on something that can open up a “pandora’s box.”

     Chairman McLain said he senses that the Board does not want to take any action now other than they might want to start keeping some records of phone calls and try to deal with this through code enforcement. 

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     Alice Gilmartin, Planning, addressed the Board to request Board direction on the potential new bus route from the Seminole Center (Walmart Center) to the Orlando Sanford Airport, Midway, and the Central Florida Family Health Center on SR 415.  She stated the good news about this potential bus route is that they would not have to put out any new money for this new route.  The reason is because the new Lake Mary bus route is considered new service and is eligible to be considered as match money for additional service, which the airport route would be.

     Ms. Gilmartin showed a picture of Route 34 and said she is asking the Board’s permission to go ahead and begin working with Lynx for a grant to provide service to the airport and to Midway.

     Chairman McLain said one of the problems with Midway and finding jobs in and around the airport has been transportation.  He would support moving forward and pursuing this with staff to bring back the details.  He said if no objections, staff will move forward with the staff recommendations.

COMMUNICATIONS AND/OR REPORTS

 

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

 1.  Copy of letter dated 9/26/03 to Orange County Chairman Richard Crotty from Chairman McLain re:  Seminole County concerns regarding Mobility 20/20 Plan.  (cc:  BCC; Michael Snyder, FL DOT; Harry Barley, MPO)

 

 2.  Letter dated 9/22/03 to Chairman McLain from Robert Bonner, US Customs & Border Protection, Dept. of Homeland Security, re:  staffing levels of Immigration & Naturalization Service (INS) Inspectors at Orlando Sanford International Airport. (cc:  BCC, County  Managers, Public Safety Director, Sheriff)

 

 3.  Copies of identical letters dated 9/29/03 to Rodney R. Smith, CEO-Central FL Regional Hospital, Steve Glazier, Executive Director-ORMC/South Seminole Hospital, and Terry Owen, COO-FL Hospital Altamonte, from Chairman McLain re:  Trauma Center Health Care Task Force.

 

 4.  Parks & Recreation Contracts, as shown on page _______, for Services with the following:  Lauren Nicole Curtis (Tennis Instructor); Ronnie Taylor (Slow-pitch Softball Umpire); and David Mease, Jr. (Slow-pitch Softball Scorekeeper).

 

 5.  Letter dated 9/29/03 to Chairman McLain from Janet S. Matthews, FL Dept. of State, re:  nomination of Old Lake Mary Chamber of Commerce Building for listing in the National Register of Historic Places. (cc:  BCC, County Manager)

 

 6.  Letter dated 10/1/03 (with attachment) to BCC from Barbara E. Mattick, FL Dept. of State, re:  11/3/03 review of Old Lake Mary Chamber of Commerce Building by FL National Register Review Board. (cc:  BCC, County Manager)

 

 7.  Copy of letter dated 9/24/03 to County Manager Kevin Grace from Frank W. Clifton, Jr., Casselberry City Manager, re:  US Hwy. 17-92/SR 436 Overpass. (cc:  BCC, Deputy County Manager [RF], Public Works Director, County Engineer)

 

 8.  Copy of letter dated 10/2/03 to Glenn Sangiovanni and Bob O’Malley, MetroPlan Municipal Advisory Committee, from Casselberry Mayor Bruce Pronovost re:  US Hwy. 17-92/SR 436 Overpass. (cc:  BCC, County Manager, Deputy County Manager [RF], Public Works Director, County Engineer)

 

 9.  Copy of letter dated 9/12/03 to Judge James E.C. Perry from Chairman McLain re:  Canvassing Board positions for elections on 8/31/04 and 11/2/04.

 

CHAIRMAN’S REPORT

     Chairman McLain stated due to discussions recently about the 46A Corridor, he would like to ask staff to consider and bring back details on the realignment of Lake Boulevard in Sanford to align with Vihlen Road.  He said the Board needs to seriously consider the safety issue.

     Mr. West said Chase Groves has been in discussion with staff, and Jerry McCollum is aware of the concern and was waiting for the Board’s direction to proceed with looking at it further. 

     The Board had no objections to pursuing and bringing this back.  Chairman McLain asked Mr. Grace to have Jerry McCollum, County Engineer, to work on that and report to the Board.

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     Chairman McLain reported on the Central Florida Trauma Center Task Force that he received a memo from John Hillenmeyer and John Bozard outlining the membership designations for the Task Force and Technical Advisory Committee.  He and Mr. Grace had concerns about them dictating to the County who can be on the Task Force. 

     Mr. Grace said he sent a letter stating he would serve and when he can’t attend, DCM Rob Frank would serve.  He also suggested they might consider adding the EMS/ENT representatives to their Technical Committee.

     Chairman McLain said he received a letter from Rodney Smith, Central Florida Regional Hospital, that he and Dr. Lawrence Vallario, Chief of Staff, would serve on the County’s Task Force representing Central Florida Regional Hospital.

     Chairman McLain asked the Commissioners to make their individual nominations now to the Task Force.  Whereupon, the following appointments were made:

     Commissioner Morris appointed Jim Bomford.

     Commissioner Henley appointed Andriah Herr.

     Commissioner Van Der Weide appointed Marty Chan.

     Commissioner Maloy appointed John McCutchen.

     Chairman McLain appointed Eileen Hoppen.

     Commissioner Van Der Weide suggested to have, not as voting members of the Task Force, some of the State legislators sit in on these hearings so they can see how concerned the Board and the citizens are.  He said David Simmons is willing to do this.  If they can get the legislators involved in the process, then when it comes down to the final solution, he thinks it would be very helpful.  The Board had no objections.

     Chairman McLain asked Mr. Grace to draft a letter advising the legislators and encourage them to come to some of the sessions and listen to the citizens on these issues.

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     Chairman McLain said he has been meeting with the YMCA over the last several months.  They have interest in having a bigger presence in Seminole County.  They have shown great interest in participating with the County in any additional aquatic activities or recreational opportunities they can participate in.

Mr. Grace said he will attend an upcoming tour in Orange County where he, Sally Grant, Don Fisher, and Suzy Goldman will tour some of their facilities.

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Morris announced that on Thursday, he will be presenting to the Governor’s Task Force on the Wekiva Basin a full report on all the things that have been done.  He will make copies available to the Board members. 

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     Commissioner Morris stated he had the pleasure of representing the Board in Tallahassee before the Florida Forever Committee.  They had four applications before them and one was pulled.  All three of the County’s applications including Jetta Point will be in the running for this year.

     Mr. Grace reported that Woodland Park is funded for $385,000; Lansing Property for $440,000; and the contingent funding is $2 million for Jetta Point.  The monies will come in later.

     Commissioner Morris said the Committee was very favorable and gave additional points after the presentation.  He said the staff did a very good job.

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     Commissioner Henley stated the School Readiness Coalition Committee is meeting regularly, working on the budget.  They are looking forward to the $44,000 the Board approved in the budget to be able to use for matching before the State.  There are some significant changes in the policies and rules they must deal with.  He thinks they now have a full Committee.

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     Commissioner Van Der Weide stated the item (#68) tonight is for the Wekiva trailhead and he thinks they will be off track because a lot of people want to discuss a lot of other things and make suggestions relative to the swimming pool.  He wants it to be on record that there are other people besides the YMCA who have some suggestions.  Whatever the Board does, they will have to be in consensus with all the people involved.  The issue tonight as he sees it is the trailhead and whether they should or should not purchase it.  He thinks the staff is still studying the swimming pool area for purchase.

     Upon inquiry by Chairman McLain, Mr. McMillan stated there is a contract on this property and he is sure the Board is not under any circumstances going to consider condemning the property and they should not be doing anything to interfere with the contract as that alone could cause the Board trouble. 

     Upon inquiry by Chairman McLain, Mr. Fisher discussed the land use change on the property.

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     Commissioner Maloy said he would like to get an update on the use of Lake Sylvan and where they are with the use of the soccer fields. 

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Commissioner Maloy said he received an e-mail from Mrs. Complin (phonetic), 3761 Albergate Place, regarding road construction progress on Dodd Road.  He requested staff to look and see if they can do the wall improvement, if it is within the budget, for this project. 

Chairman McLain said the key is if the money is available.  He suggested Commissioner Maloy meet with Jerry McCollum on this.  The Board’s consensus was to move forward with Commissioner Maloy’s request.

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Commissioner Maloy advised that a CALNO meeting is scheduled for tomorrow night at 7:00 p.m., with Rick Nelson as the speaker.  The meeting will be held in the BCC Chambers and will be televised.

PUBLIC COMMENTS

     Joann Cornelius, 136 Elmer Avenue, addressed the Board to ask if she will be able to have ridership this December or January.  Mr. Grace advised that transportation is still being funded.  Chairman McLain said hopefully in the future, the Board will be able to consider seven-day service.

COUNTY MANAGER’S REPORT

     Mr. Grace said on the Econ Wilderness Area, the Board asked staff to evaluate the damage that occurred on the property due to flooding.  Staff has reached a conclusion on the evaluation of the damage.  He advised that they had a meeting with St. Johns River Water Management District officials and will be working with them to develop what kind of restoration would make sense and will come up with a plan for implementation.  He will bring those options back to the Board, hopefully before the end of this calendar year.

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     Mr. Grace distributed information (received and filed) regarding Senate Bill 150.  He said FAC (Florida Association of Counties) has issued an e-mail warning on the internet tax making the moratorium permanent on state and local taxes.  He said FAC’s concern is that taxes are being collected currently on cable TV service, cell phones, and home telephone service and these services might get applied the tax-free status as well, and the counties will lose a substantial amount of revenues.  He suggested sending a letter to the Congressional delegation suggesting the Board does not have a problem with the internet access portion of that, but have concern about the broad application.

     The Board had no objections to Mr. Grace’s suggestion.

     Commissioner Morris asked can they be real clear to say the Board is in favor of the internet tax, but they are opposed to the changes.

     Mr. McMillan clarified that the Board wants to say they support the internet tax moratorium but do not support expanding it to any services that are not currently taxed.  The Board consented.

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     The Board recessed at 3:51 p.m., reconvening at 7:02 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

PUBLIC HEARINGS

BILLBOARD AGRMT AND LAND USE

AMENDMENT/Robert Mandell

 

     Continuation of a public hearing to consider Voluntary Billboard Agreement between the County and the Greater Construction Corporation and National Advertising Company, a subsidiary of Viacom, Inc., and a contract for purchase of 8.9 acres on a trailhead; and a Small Scale Land Use Amendment from Suburban Estates (SE) to Planned Development (PD); and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); located on the west side of I-4 approximately 600 ft. south of E. E. Williamson Road, as described in the proof of publication, Robert Mandell, as shown on page _______, received and filed.

     Don Fisher, Planning & Development Director, addressed the Board to advise he received a letter (received and filed) from Mr. Mandell, Greater Construction Corp., requesting to withdraw the zoning application and the proposed billboard agreement.  He stated Mr. Mandell expressed an interest in discussing this matter later with the County.

     Upon inquiry by Commissioner Van Der Weide, Mr. Fisher advised both items were withdrawn and staff concurs.

     Upon inquiry by Commissioner Morris, Mr. Grace advised staff received a letter from DOT indicating that they would permit reconstruction of a billboard within a PUD, but it was confirmed late this afternoon that was not the case.

     Chairman McLain stated if this issue comes back, all of the residents wanting to speak this evening will be notified.  He apologized to those in attendance for not notifying them before hand of the withdrawal, but they didn’t find out until 6:00 p.m. this evening.

     Facsimiles from Rod & Kathi Olsson and Raymond and Nancy Siegrist supporting the trailhead on the proposed site were received and filed.

     Speaker and Written Comment Forms were received and filed.

     Commissioner Morris recognized fellow classmates of his son.  He stated the Board has had discussions relative to the swimming pools and Commissioner Van Der Weide took the time this afternoon to discuss the swimming pool and properties fronting E.E. Williamson versus the Mandell property.  He said the Board expressed interest in some fashion relative to a swimming pool.  Apparently there are other issues surrounding the swimming pool with potential contracts on that, but this Board does not want to interfere with the private sector in that pursuit. 

     Commissioner Van Der Weide stated the Board has directed staff to study this issue and work with the Parks & Recreation Dept. to see what the County can do.  Because of the vast interest out there, a lot of complications have set in relative to some lawsuits that were in place with the pool owner.  He stated other side issues would have to be cleared up before the County can pursue this particular property for a pool.  He said the Board and staff have expressed interest in this property based on what comes out of the lawsuit.

     Commissioner Henley stated both Lake Brantley High School and Seminole High School were in partnership with the Board and others.  Other schools are expressing an interest in partnering with the Board in constructing a swimming pool, but the School Board has not brought forth anything to date. 

     Chairman McLain stated the Board has made sure that the School Board has worked with private groups to make pools available to people other than the school programs.  The pool issue is well known to this Board and they will act appropriately.  He stated he is looking forward to seeing this in the future.

     Mr. Grace stated for any further discussion with the Mandells regarding the trailhead, staff will make a commitment of keeping the neighborhood informed as best as they can. 

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     The Chairman recessed the meeting at 7:10 p.m., reconvening at 7:25 p.m.

LAND USE AMENDMENT/REZONE/Hugh Harling

     Proof of publication, as shown on page _______, calling for a public hearing to consider Small Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR), and Rezone from R-1A and R-1 to R-1BB on approximately 5.4 acres on the east side of Bear Lake Road; located approximately 1.8 miles south of SR 436, Hugh Harling, received and filed.

     Jeff Hopper, Planning, stated the applicant is proposing to develop single-family homes with a minimum lot size of 5,000 sq. ft.  He stated development in this pattern exceeds 4 units per net buildable acre as permitted by the Low Density Residential Land Use designation.  Therefore, R-1BB cannot be considered without an amendment to the County’s Vision 2020 Plan.  He stated the CSX railroad right-of-way is the boundary between LDR densities up to 4 units per acre and higher densities to the east in the City of Altamonte Springs.  The subject property will bring Medium Density development to the west side of the railroad, but would not create a trend toward higher density in the area.  With an appropriate step down of density, it will create transition from east to west and the development could be compatible with surrounding land uses.  He said staff recommends approval of the Land Use Amendment request and approval of the rezoning for R-1BB only on Block E of Adell Park, and R-1B on the remaining property with a minimum lot width of 60 ft. and a minimum size of 6,700 sq. ft.

     At the request of Commissioner Maloy, Mr. Hopper indicated on the map which portion of the property will be R-1B and R-1BB. 

     Hugh Harling, Harling Locklin & Associates, addressed the Board to display a booklet (received and filed) containing a map showing the location of the property, photographs, Conceptual Plan and an Aerial Photograph of the project site.  He reviewed the photographs showing what the property looks like to the south and north of the project, the beginning of the tree area, a railroad track to the east with stored cars on them, and a convenience store located across the street from the entrance of the proposed site.  He stated he is seeking 27 lots and he reviewed the Conceptual Plan displaying the proposed lot layout.  He stated he believes the lots on the northwest side are compatible with the layout that he has.  He reviewed the aerial photograph that shows the railroad track, City of Altamonte Springs, Medium Density Residential, and the location of the CVS store.  He said he concurs with staff recommendations on the Medium Density Residential land use.  He added he feels the R-1BB zoning is appropriate for both sides of the road.  He stated he has committed to a maximum density of 27 units and 2,200 sq. ft. for the houses. 

     Mr. Harling explained for Commissioner Maloy what the lot width difference would be for the two zonings.

     Upon inquiry by Commissioner Morris, Mr. Harling advised the previous storage unit application was withdrawn.  He stated he is in agreement with Planning & Zoning’s (P&Z) recommendation. 

     Commissioner Morris stated P&Z recommended that the fencing along Bear Lake Road would be of material other than wood. 

     Mr. Harling stated there would be a mandatory homeowners association and they will maintain the fencing.  A wood fence would eventually look poorly and would be hard to maintain.  He stated it would be either vinyl-type fencing or a masonry-type fence. 

     Upon inquiry by Commissioner Morris, Mr. Harling advised he doesn’t have a problem accommodating a masonry or rod-iron fencing along the frontage of Bear Lake Road. 

     Commissioner Van Der Weide stated he feels that a masonry fence would be more durable with low maintenance.  He stated he is sure it will be written in the covenants of the homeowner’s association that they will maintain the wall.

     Sean Fullerton, 610 N. Hart Blvd., addressed the Board to submit a Petition, as shown on page _______, from area residents objecting to the land use amendment and rezoning request.  He stated he is speaking on behalf of Lois Bailey.  He said many of the residents opposed the storage facility request that was presented a few years back, and this is the main reason why most of the landowners are cautious about this request.  He stated the residents want a guarantee that the applicant is bound to whatever he agrees to.  No one is against residential development but they want to protect their property values.  He asked if the citizens can get something in good faith that the applicant will mandate and stick to the P&Z conditions.

     Chairman McLain stated he feels that Mr. Harling and Mr. Hattaway do not want to risk their creditability with the Board and he believes they will live up to their commitments. 

     Mr. Fullerton stated he realizes that the schools are overcrowded in that area and the School Board has confirmed that. 

     Chairman McLain stated the Seminole County School Board participates in all of the Development Review Committee meetings and the County works very closely with them.

Lois Bailey addressed the Board to state she owns a lot that butts up against proposed Paulinda Avenue East and she understands that Mr. Harling is asking to have that vacated for his own use.  She said she would like to know what kind of buffer will be between her house and his development.

Whereupon, Robert McMillan, County Attorney, addressed the Board to explain that a separate public hearing is needed in order to vacate that right-of-way.  If it is vacated by virtue of statute, the property will be split half and half between both owners.

At the request of Chairman McLain, Ms. Bailey indicated on the map where her property is located. 

Matt West, Planning Manager, stated this is a straight rezoning request and there is no buffering requirement between R-1BB, R-1A or R-1AAAA.  In the current standard code, there is no requirement that there would be any kind of buffer between this residential zoning and the adjacent residential zoning.

Mr. McMillan explained for Chairman McLain what the case would be if all parties were not in agreement to the vacate request.

     Mr. Harling stated the road has never been cut through and is heavily treed and Ms. Bailey will continue to have a heavy tree buffer.  She will not have any lots backing up to her.

     Upon inquiry by Commissioner Van Der Weide, Mr. Harling advised that Ms. Bailey will pick up half of what is vacated.

     Steve Bell, 6084 Jessica Dr., addressed the Board to state he would like to know if the 2,200 sq. ft. provision is enforceable.

     Mr. McMillan stated this is a different zoning classification and that provision does not appear in this type of zoning category.

     Mr. Fisher stated that would be added when the Code is rewritten.

     Commissioner Henley stated the Board would have an opportunity to review the applicant’s commitments.

     Mr. Bell discussed the issue of additional traffic in that area and the children catching the bus as well.

     Commissioner Van Der Weide advised Mr. Bell that the engineering staff would review this issue as well.  Discussion ensued relative to citizens buying lots and homes near the railroad tracks.

     Maggie Webb addressed the Board to state she has asked Stan Atkins to speak on her behalf.

     Stan Atkins, 9430 W. Paulinda, addressed the Board to state Ms. Webb owns Lots 9, 10 and 11 and it dead ends at this particular property.  He asked what type of buffer will Ms. Webb have and will that road be a dead end. 

     Commissioner Van Der Weide stated he has asked staff to look into that.

     Mr. Harling stated that road would remain unpaved and will be a dead end road at that point.

     Chairman McLain stated Commissioner Van Der Weide is working with staff to get Paulinda Road paved under the dirt road program.

     Mr. Harling stated that dead-ends on Lot 20 of the development.

     Upon inquiry by Chairman McLain, Mr. Harling advised there wouldn’t be a wall around that area and these houses do not have access to a paved road at this time.  They will continue to have their access.

     Commissioner Morris stated the District Commissioner is aware of this and he is working on it.

     Mr. Fullerton stated since the lot vacation is coming before the Board in two weeks, he would ask the Board to continue this item until then in order give them time to iron out any of the issues with the applicant.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Chairman McLain recessed the meeting at 8:10 p.m., reconvening at 8:17 p.m.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2003-52, as shown on page ________, approving the Small Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR); adopt Ordinance #2003-53, as shown on page ________, rezoning from R-1A and R-1 to R-1BB on Block E, and adopt Ordinance #2003-55, as shown on page ______, rezoning to R-1B on the balance of the property, on approximately 5.4 acres on the east side of Bear Lake Road; located approximately 1.8 miles south of SR 436, as described in the proof of publication, Hugh Harling, subject to P&Z Commission recommendations, with the following changes:  Masonry wall to be erected on Bear Lake Road where it adjoins the lot and a wrought-iron fence to be erected along the retention pond; and masonry wall to be erected by Lot 20 of Paulinda Avenue West.

     Under discussion and upon inquiry by Chairman McLain, Mr. Harling advised he is in agreement with the commitments for the walls.

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

MAJOR AMENDMENT PRELIMINARY

MASTER PLAN/Michael Myers

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to approve revision to the Preliminary Master Plan for Gassey Jack’s located on approximately 3.6 acres at the northwest corner of SR 46 and Elder Road per addendum to the Developer’s Commitment Agreement, Michael Myers, received and filed.

     Mr. Hopper stated the applicant is requesting to revise the plan to permit outdoor sound amplification for the courtyard area of the restaurant.  He stated staff recommends approval of the request subject to the following:  (1) Live music with outdoor amplification shall be permitted only as an accessory to the permitted restaurant use; (2) Operating hours shall be limited to 10:00 a.m. – midnight, Friday and Saturday and 10:00 a.m. – 10:00 p.m., Sunday through Thursday; and (3) Sound levels shall not exceed 70 decibels as measured at the nearest property line. 

     At the request of Chairman McLain, Mr. Hopper reviewed the different sound levels of commonly heard sounds. 

     Commissioner Morris stated the P&Z Commission recommended 85 decibels. 

     Commissioner Henley stated he feels that decibel level is reasonable.

     Upon inquiry by Chairman McLain, Mr. Hopper advised three walls will enclose the courtyard and he assumes the projection would be toward the opening. 

     Michael Myers, applicant, addressed the Board to indicate where the stage will be located.  He stated the sound would be directed toward the southern portion and not the open area.  He asked the Board to review the P&Z minutes as staff’s recommended hours would not work for him. 

     Upon inquiry by Commissioner Henley, Mr. Myers advised when the other restaurants are closing, this will be a community area in which everyone will be able to come to. 

     Upon inquiry by Chairman McLain, Mr. Myers advised his hours of operations through the week would be 10:00 a.m. to 12:00 p.m.

     No one else spoke in support or in opposition.

     District Commissioner McLain stated Mr. Myers indicated that the music would not be directed toward the opening area, so he believes 85 decibels is reasonable.  He stated he has no problem with closing the restaurant at 2:00 a.m. on Friday and Saturday night and supporting P&Z recommendation for closing at 1:00 a.m. during the week.

      Motion by Commissioner Henley, seconded by Commissioner Morris to approve revision to the Preliminary Master Plan for Gassey Jack’s located on approximately 3.6 acres at the northwest corner of SR 46 and Elder Road per Addendum to the Developer’s Commitment Agreement, as shown on page ________, as described in the proof of publication, Michael Myers, subject to P&Z’s recommendations and the District Commissioner’s recommendation.

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

REZONE/Sandra Bierly

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling District) located approximately 300 ft. south of SR 434, 0.8 miles east of SR 417, Sandra Bierly, received and filed.

     Mr. Hopper reviewed the proposed request as outlined in the agenda memorandum.  He stated the site lies within Low Density Residential Future Land Use.  Staff has performed a lot compatibility analysis and this analysis supports R-1AA classification rather than R-1A.  Staff concluded that the lot compatibility analysis of R-1AA is probably the best reflection of development trends in the area.  Staff recommends denial of R-1A zoning but supports R-1AA zoning.

     Sandra Bierly, applicant, addressed the Board to state she represents Acorn Development and she concurs with R-1AA zoning.  She said she is looking forward to doing another upscale development in Seminole County. 

     Al Vazin, 140 W. Arteria St., addressed the Board to indicate on the map where he lives.  He stated he has some concern as far as what zoning it is going to be. 

     Chairman McLain advised staff is recommending R-1AA zoning.

     Mr. Vazin stated he would like to know what type of fence would be installed in the back as he is planning to build a tennis court near that area. 

     Mr. West stated there wouldn’t be a requirement for a wall or fence. 

     Upon inquiry by Mr. Vazin, Commissioner Morris advised the traffic issue from SR 417 up to Mitchell Hammock Road is not in FDOT’s 5-year plan, but it will eventually have to be done.  The question is when.  He requested that Mr. Vazin submit his telephone number to Jerry McCollum, County Engineer.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt Ordinance #2003-54, as shown on page ________, to rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling District) located approximately 300 ft. south of SR 434, 0.8 miles east of SR 417, as described in the proof of publication, Sandra Bierly.

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

1:30 PUBLIC HEARING/VIDEO SLOT MACHINES

     James Coakley, 2740 W. SR 46, addressed the Board to state he believes the City of Sanford is working on the video slot machines issue as well and he would like to know if the County and City are working together on this.

     Mr. Fisher stated staff has not met with the cities to date, but that doesn’t mean that they will not while they are doing their analysis during the moratorium period.

     Mr. McMillan stated he has received a letter from the City Attorney of Longwood and they are proposing to set up a joint meeting with all the city attorneys and his office to review this item.

     Chairman McLain stated he feels confident that the County will be communicating will all of them.

     Mr. Coakley stated he would like to know when another hearing will be scheduled, and is there any chance he can obtain any information to keep him informed.

     Chairman McLain stated staff would inform Mr. Coakley of any upcoming meetings.  He stated he is sure that the Board will discuss this issue before the moratorium.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:41 p.m., this same date.

 

ATTEST:_____________________Clerk_______________________Chairman

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