The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, October 26, 1999, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

David Medley, Community Assistance Division, gave the Invocation.

Commissioner Grant Maloy led the Pledge of Allegiance.

Mrs. Joanie Schirm, Founding Trustee of the Legacy Soccer Foundation, Inc., addressed the Board to show a video of the U.S. Women’s Soccer Team defeating China for the Women’s World Cup title. She introduced Larry Adams, Jr., President of the Legacy Soccer Foundation, Inc.

Mr. Larry Adams addressed the Board to state the U.S. athletes use the soccer training facility located in Seminole County and it is one of the best facilities in the world. He stated he is here today to present Co-captain Brandi Chastain’s jersey to the Board in recognition of the USA Women’s victory

over China to clinch the 1999 World Cup championship. Mr. Adams presented Chairman Henley with Brandi’s jersey sealed in a frame and he read what was inscribed. Literature on the Legacy Soccer Foundation was received and filed.

Chairman Henley expressed gratitude for receiving the framed jersey. He stated the plan for the jersey is to hang it on the wall at the Seminole County Training Center.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-143, as shown on page __________, proclaiming November 5, 1999 as "Mediation Day" in Seminole County.

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

The Board presented Eric Silverberg with the resolution and he expressed his appreciation.

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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-146, as shown on page __________, commending Beth Hattaway for her services as Chairman of the Program Review Committee; and Resolution #99-R-144, as shown on page _________, commending Wayne Weinberg for his services to Seminole County as President of the Greater Seminole Chamber of Commerce.

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-145, as shown on page _________, recognizing superior achievement by the Seminole County Department of Fiscal Services in receiving the Distinguished Budget Presentation Award for FY 1998/99 by the Government Finance Officers Association of the United States and Canada.

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

The Board presented the Resolution to Cindy Hall, Director of Fiscal Services, and her staff.

Cindy Hall addressed the Board to introduce her staff members to the Board.

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

Robert McMillan, County Attorney, addressed the Board to present a request to approve an Emergency Ordinance establishing a no wake zone along a certain part of the St. Johns River within Seminole County.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Emergency Ordinance #99-49, as shown on page _________, establishing a no wake zone along a certain part of the St. Johns River within Seminole County.

Under discussion and upon inquiry from a gentleman in the audience, Chairman Henley advised that the no wake zone will be posted.

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

Jerry McCollum, County Engineer, addressed the Board to answer questions for Commissioner Maloy relative to Item #15, Certificate of Completion for FC-156-98. He stated he didn’t personally inspect the project, therefore, he would recommend delaying this item until the next meeting. The Board agreed to pulling Item #15 until the next Board meeting.

Kelly Loll, Purchasing Manager, addressed the Board to explain why there was only one bidder for Item #11, FC-185-99.

Kevin Grace, County Manager, addressed the Board to advise of an Add-on, #39, Agreement with the St. Johns River Water Management District for Stormwater Management Cost-Share Program. A copy of Exhibit A was received and filed. He advised that Section 6 on Page 3 of Item #26, Miscellaneous Contract #M-112-99, has been deleted. He submitted a revised page (received and filed) and stated staff feels that section should be eliminated. He stated staff has submitted a revision (received and filed) to Item #28, Declare Surplus and Donating and Disposing Tangible Personal Property.

At the request of Chairman Henley, Ms. Loll explained how surplus equipment is advertised.

Chairman Henley stated quite a number of items are being removed from the public sale and it appears it is done on a first-come first-serve basis rather than an open invitation for anyone qualified to the request. He stated he feels staff needs to come up with some type of procedure so that everybody qualified is on equal footing.

Commissioner Van Der Weide stated he feels the County needs to broaden that aspect and he would think there has to be a process to accomplish that.

Ms. Loll stated most of the County’s computers in the past had very little value. She stated she and Chris Grasso reviewed the requests from the different non-profit agencies and they picked 5 units per non-profit. Staff can develop a procedure but she does not foresee in the future that this will be an issue again. The straight leased computers will be returned to the leasing companies and this surplus will not be available in the future. She added she has tried to develop a system to give the County employees a chance to buy the surplus computers.

Commissioner Maloy stated Safehouse has indicated that they would like to have extra computers.

Commissioner McLain stated he would suggest going ahead with releasing these computers to these agencies, have staff contact the other agencies to see if they would like any computers, and if there are any computers left, then have a sealed bid.

Chairman Henley recommended that the County Manager come back with some recommendations on how this issue can be handled in the future.

Commissioner Morris requested that this item be pulled for a separate vote.

Commissioner Morris requested that Item #21, Award RFP-468-99, be considered during the 1:30 p.m. session so that staff can provide additional information as to who were all of the bidders and why the award was given to this one particular provider.

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

At the request of Commissioner Morris, Chief Deputy Terry Schenk, EMS/Fire/Rescue Division, addressed the Board to explain how the collection process works for Item #23, RFP-447-98 EMS/Fire/Rescue Transport and how the collection rate compares with other ambulances.

At the request of Chairman Henley, Ms. Loll explained why staff is requesting an extension to Item #25, Bid 953, prior to the contract expiring.

Commissioner McLain stated he received an E-mail from Mr. Clifford relative to placing add-on items on the agenda and not giving the public an opportunity to know what the add-ons will be or have an opportunity to make any comments to the Board on these items. He stated he would like the County Manager to make some comments on that issue.

Mr. Grace stated add-on items are not done unless there is a pressing need. He stated the reason for today’s add-on is the deadline for the grant expires before the next meeting and it needed to be submitted before that time. He added he sent Mr. Clifford an E-mail and he will follow up on that.

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

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28. Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve request to Declare Surplus and authorize the Donation and Disposal of Tangible Personal Property (Declare Surplus).

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

Commissioner McLain left the meeting at this time.

Gary Schindler, Senior Planner, addressed the Board to present request for approval of the final PUD Master Plan and Developer’s Commitment Agreement for Tivoli Apartments; property located on the northwest corner of McCulloch and Seminole Avenue right-of-way, Phillip Emmer.

Upon inquiry by Commissioner Maloy, John Dwyer, Current Planning Manager, addressed the Board to advise that Rachel Christensen indicated that they are working diligently in constructing Seminole Avenue.

Commissioner Morris left the meeting at this time.

Mr. Dwyer stated he was not given a time frame as to when it will be completed.

Commissioner Morris reentered the meeting at this time.

Commissioner Morris stated because of the incredible growth going on in that area, the Sheriff has expressed concerns relative to law enforcement. He asked if the District Commissioner would consider moving this item to the afternoon session so that the Sheriff can be here to express his concerns.

Commissioner Maloy stated he feels that any issues regarding additional law enforcement can be addressed at a later date. He stated when this was approved, there was a commitment of having 24-hour on-site security and that has satisfied his concerns. Therefore, at this point he doesn’t see any reason why the Board couldn’t approve this and then work on the Sheriff’s issues later.

Commissioner Morris stated he believes the Sheriff thought that this item was coming up in November or December.

Mr. Schindler stated a second phase on the northeast corner of this project is scheduled for December.

Commissioner Maloy stated the Sheriff has not contacted him and he feels he should have contacted him if he had specific concerns. He stated he knows there is a second phase next door and it is obviously going to be one complex and that issue can be addressed during that time.

Commissioner McLain reentered the meeting at this time.

Upon inquiry by Commissioner Henley, Mr. Schindler advised that Barbara O’Hara of the Sheriff’s Office contacted him relative to the total number of parking spaces and whether or not public safety or police impact fees would be collected. He stated he was able to accommodate Ms. O’Hara with the parking spaces but not the impact fees.

Commissioner McLain stated based on Commissioner Morris’ comments he would not be able to support any motion to approve this until he receives all of the information.

Phil Emmer, applicant, addressed the Board to state Ms. Christensen is working on completing the plans for Seminole Avenue and as soon as they are completed, they will start taking site work bids. He stated he has invested approximately $2.5 million in the property and he prays that there are no additional delays. He said it will create a hardship for him to be here this afternoon, but he will try to rearrange his schedule to attend if necessary.

At the request of Commissioner Morris, the Chairman recessed the meeting at this time to give the Sheriff an opportunity to be in attendance so that he can express his concerns.

The meeting was reconvened with all Commissioners being present.

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Maryanne Morse, Clerk of Circuit Court, addressed the Board to present a check to the Board in the amount of $893,959.74 for excess fees.

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Sheriff Eslinger addressed the Board to state his job is to protect, enhance and maintain the quality of life in the community. He stated he would like to convey the big picture to the Board relative to this development and area. He displayed a copy of the project site and surrounding area and reviewed the parking spaces available at the existing developments. He stated the North Gate apartment complex on McCulloch Road has 755 parking spaces and that complex generated 650 calls for service over the last 11 months. That is almost one call per resident or parking space. He added it would dramatically impact the way his office delivers service to this area. He said within the next two months of approving additional 2600 spaces, he is concerned about the impact this will have on his office.

Upon inquiry by Commissioner Morris, Sheriff Eslinger advised he is planning to visit Gainesville to see how they police the area and to see what they can do to provide better service to the community.

Commissioner Maloy stated Mr. Emmer met with the residents in that area and he made a commitment of adding security personnel.

Sheriff Eslinger stated he is not here to stifle growth in the area, but wanted to convey to the Board how it will impact his operation. He stated street lighting increases pedestrian and bicycle traffic in this area and McCulloch Road is not conducive to that type of traffic.

Commissioner Maloy stated he spoke with the President of UCF and he expressed an interest in a joint police facility for UCF and that would add a benefit to this area. He stated he feels that extra lighting on McCulloch Road is a good idea. He said he would be more than welcome to entertain those ideas and to schedule a work session on these issues before they move forward with other rezonings.

Commissioner Van Der Weide stated he feels it would be important to include the Sheriff’s comments in the agenda packets. Based on what the Sheriff is saying today, he feels it would be helpful if staff would report the Sheriff’s comments through this process.

Upon inquiry by Commissioner Van Der Weide, Sheriff Eslinger advised he has a substation in Oviedo and he also has plans with the City of Oviedo to have a mini-station in the Johnson Hill area. There is also a mini-station in Geneva as well. He stated one idea he has is trying to talk to the developer about getting another mini-station.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised other projects are scheduled to come before the Board in the future.

Commissioner Morris stated before the Board moves forward on other projects, a work session should be scheduled with the Sheriff and the Planning Department. He stated activity in this quadrant should be delayed until the issues of security for student housing is resolved.

Chairman Henley stated the Board is requesting the County Manager to look at the schedule to see what options they have and report back during this afternoon’s session.

Sheriff Eslinger stated he is not opposed to the PUD, but he wanted the Board to see the big picture of what impact it will have.

Mr. Emmer stated he contacted the police department in Gainesville relative to apartment complexes in that area and they submitted a report indicating that 10 problems occurred in that area in the last year. He stated he feels he will do as well here and he will advertise his place as a quiet place. He said he believes it is important that the Sheriff take a trip to Gainesville to see what they have. He added he doesn’t have a problem with delaying the second phase.

Motion by Commissioner Maloy, seconded by Commissioner Morris to approve the final PUD Master Plan and Developer’s Commitment Agreement, as shown on page __________, for Tivoli Apartments; property located on the northwest corner of McCulloch and Seminole Avenue right-of-way, Phillip Emmer.

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

Matt West, Planner, addressed the Board to present request to approve the revised Ballentyne Preliminary Subdivision Plan; entrance to the property is located approximately ¼ mile east of Bear Lake Road on the north side of McNeil Road; subdivision is bordered by Bonnie Drive on the north and Bear Lake Road on the west, M.I. Homes. He stated the revised plan contains two additional lots for a total of 35 lots.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the revised Ballentyne Preliminary Subdivision Plan; entrance to property is located approximately ¼ mile east of Bear Lake Road on the north side of McNeil Road; subdivision is bordered by Bonnie Drive on the north and Bear Lake Road on the west, M.I. Homes.

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

Mr. Grace advised the request to rescind the Board’s previous action designating Sanford as the preferred site for a Conference Center will be delayed until this afternoon’s meeting as Mayor Larry Dale, City of Sanford, would like to be in attendance. He stated he will address this item under the County Manager’s Report.

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Commissioner McLain stated Mr. Dallar from Oviedo will be in attendance around 3:00 p.m. today to discuss a Winter Miles property and he will bring this issue up during his District Commissioner report.

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

Jose J. Balderas, Case #99007864MM - $200

Richard M. Barry, Case #98010797MM - $200

Christopher Kenneth Brannon, Case #96001335CFA - $400

Paul D. Breuggeman, Case #97004410CFA - $200

Marcus D. Character, Case #99000354MM - $200

Jeffrey Charles, Case #98011198MM - $200

Lloy Martin Cook, Case #97002350CFA - $350

Stacey Diehl, Case #98001767CJA - $50

Ronald Dusablon, Case #99000207MM - $200

Darby Leigh Edge, Case #96008618MM - $200

Darby Leigh Edge, Case #97000451CFA - $100

Ann Marie Givans, Case #98003005CJA - $50

John Hickman, Jr., Case #98001479CFA - $200

Anthony Charles Hood, Case #96012992MM - $100

Mary S. Hubbard, Case #97000335CFA - $200

Teresa A. Ivey, Case #98005770MM - $200

Rhonda S. Johnson, Case #99000669CFA - $200

Abdullah K. Khabeer, Case #97002205CFA - $300

Lori J. Killmaier, Case #99004911MM - $50

Mario E. Lacefield, Case #98005011MM - $200

Eric A. Lint, Case #99002786MM - $100

James Littles, Case #98012424MM - $200

Simon Gilles Lyonnais, Case #96002141CFA - $200

Pamela McCartney, Case #98004951CFA - $200

Lance E. McComb, Case #99002150CFA - $350

Fabian E. Melendez, Case #99002201MM - $200

John A. Moore, Case #98010363MM - $200

Melbourne Nickerson, Case #98005616MM - $200

Gregory Scott Pearce, Case #94000638MM - $100

Mike F. Perrotto, Case #98009964MM - $200

Brian Poole, Case #98000233CJA - $125

Angel Enrique Rivera, Case #98010324MM - $200

Narcisco S. Rivera, Case #98006493MM - $200

Teddy A. Rodriguez, Case #98009386MM - $250

Travis D. Rouse, Case #99004358MM - $100

Brad E. Rupert, Case #98004676CFA - $200

Ricardo Sanchez, Case #98011717MM - $200

Richard Smith, Case #98008729MM - $200

Roger C. Strohm, Case #99000525CJA - $100

Michael Swobodzien, Case #93005593MM - $200

Sandee Thompson, Case #97008869MM - $200

Tomasa Viera, Case #98003652CJA - $100

Joni Lee Weiss, Case #94000281MM - $200

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

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

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The Board recessed the meeting at 11:35 a.m., reconvening at 1:35 p.m., with all Commissioners and all Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.

Janice Keifer, Support Services, and Kelly Loll, Purchasing Manager, addressed the Board to discuss Item #21, RFP-468-99/GG, Vending Services, Cafeteria Food Services and Concessions.

Ms. Keifer gave the Board some history of why staff decided to contract out the vending and food services. She said the scope of services broadened quite a bit with the addition of the Public Safety Building. She stated that one of the reasons for consolidating the services, besides making it easier to track revenue, was that not all of the different locations provide enough revenue for any vendor to be interested. She said softball is responsible for about 50% of the revenue.

Ms. Loll gave a brief overview of the RFP process.

Upon inquiry by Chairman Henley, Ms. Loll advised the process does have a provision for bid protests; however, no protests have been filed on this RFP.

Commissioner McLain pointed out that Dave's Hot Dogs, who bid on Red Bug Lake Park, had a 16% commission percentage per month on gross receipts. Whereas, Tomasso's Food Service was at 5%.

Commissioner McLain stated it make senses to him to award Tomasso's the three buildings, award Red Bug Lake Park to Dave's Hot Dogs, and the softball complex to New Age. He questioned why anyone would want to replace the vender at the softball complex who matched the commission percentage and who has been there without any complaints.

Commissioner Morris stated there have been no complaints with the vendors at the park sites, but there have been complaints about the snack bar in the County Services Building. He said he is at a lost as to why staff would want to do a unified contract.

Commissioner Van Der Weide stated he is unhappy with the fact that the County has had a vendor at the softball park for many years, who has done a great job, and now the Board is in the middle of a process that was not initiated by them.

Upon inquiry by Commissioner Van Der Weide, County Attorney, Robert McMillan, advised the Board is not locked into awarding a consolidated contract.

Attorney Ric Stanley, representing Judy Zak and New Age, addressed the Board to advise Ms. Zak has been at the Sanlando Softball Complex since its inception. He said he has been playing softball there since that time and he has never heard of any complaints about her services. He explained that Ms. Zak runs this business as her livelihood - it is a family business - they are local residents. He pointed out Tomasso's is a company located in south Florida. He advised that when Ms. Zak learned of the consolidated efforts, she offered to sell her equipment and inventory to Tomasso's and thought she had a deal; however, that deal has been reneged on by Tomasso's. Therefore, he said Ms. Zak is asking the Board to reconsider a single source for the softball complex and award same to New Age.

Attorney Stanley advised he is also speaking on behalf of Dave's Hot Dogs and what he has said about New Age applies to Dave's Hot Dogs also. He added that Dave Santiago is the Director for the Softball Association and has been instrumental in bringing 14 softball tournaments into Seminole County. He requested the Board to allow Dave's Hot Dogs to have the concessions for Red Bug Lake Park.

James Tomasso, President of Tomasso's Food Service & Concessions, Inc., addressed the Board to clarify that there was no agreement to purchase Ms. Zak's equipment and inventory. He explained that he extended an offer to purchase Ms. Zak's equipment and asked her to itemize her equipment and she put a price of $20,000 on it. He said the equipment is seven years old and he can purchase brand new equipment for $11,000. He stated that he hopes to have all three pieces of the puzzle. He said he will be making capital improvements to all three buildings (Courthouse, County Services Building and Public Safety Building). He further said that he has moved six staff people into Seminole County already in anticipation of this bid award. He stated that at this juncture, he is upset about the bid process, being told one thing and then having the level playing field changed today. He added that he has been in other Commission meetings and has never seen this happen before. Discussion ensued with Commissioner Morris.

Commissioner Morris clarified with Mr. Tomasso that he understood in the RFP that the bid could be awarded in parts or altogether.

Mr. Tomasso stated he is the recommended bidder.

Commissioner Van Der Weide stated it sounds to him that Mr. Tomasso "jumped the gun".

Commissioner Maloy stated he would rather rebid this in sections or approve staff's recommendation to consolidate.

Motion by Commissioner McLain, seconded by Commissioner Morris to award RFP-468-99/GG, Vending Services, Cafeteria Food Services and Concessions as follows: Sanlando Softball Complex to New Age; Red Bug Lake Park to Dave's Hot Dogs; Cafeteria Food Services & Vending Services (County Services Building, Courthouse & Sheriff's/Public Safety Building) and Mobile Units at County Park Sites to Tomasso's Food Service & Concessions, Inc.; and Vending Services at the Softball Complex and Red Bug Park, all other County locations, and Sheriff's Office locations to Coca-Cola/Lance.

Under discussion, Commissioner Maloy stated he hates to chop this up and if the Board is going to take large pieces out of the bid, he would like to see it rebid.

Chairman Henley stated he is not pleased with what has transpired. He said he is reluctant to go against what staff has recommended.

Commissioner Van Der Weide stated his main concern is service to the community. He said he hates to see two vendors who have been with the County for a number of years pushed aside to bring in a much larger organization. Whereupon, Commissioner McLain concurred.

Districts 2, 3 and 5 voted AYE.

Commissioners Maloy and Henley voted NAY.

Commissioner McLain left the meeting at this time.

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

Districts 1, 2, 3 and 4 voted AYE.

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to rezone from RP (Residential Professional) to RP (Residential Professional), a revised Site Plan, and Development Order for property located on the south side of SR 436, just west of Avery Lane, Dr. Steven Milios, received and filed.

Senior Planner, Gary Schindler, addressed the Board to give a history of the property, advising the BCC in 1983 approved, with conditions, an RP zoning classification and a site plan for Lots 1-4 of Ilesdale Subdivision. He explained that there are several differences between that approved site plan and the new proposed one. The approved site plan shows one 8,100 square foot building on Lots 3 & 4. The proposed site plan shows a total of three building sites, with a total of 8,005 square feet of floor area. Both plans show access to the west, via a driveway that connects to the intersection of SR 436; and at such time as the two lots to the east develop for office use, it is anticipated that the site plan will be revised to show a direct connection to SR 436.

Commissioner McLain re-entered the meeting at this time.

Mr. Schindler stated the new "wrinkle" in this is that there has been a new driveway constructed by FDOT directly onto SR 436 from Lots 5 & 6, which are owned by Mrs. Duffie. He said neither Current Planning nor Development Review knew the driveway was going to be constructed. Discussion ensued.

Mr. Schindler stated staff is recommending that until such time as the County approves a site plan for RP uses for Lots 5 & 6, a temporary fence along the east property length of Lot 4 be built, restricting access from the parking lot to the existing driveway to SR 436. In addition, staff is recommending an 8-foot wall along the south property line, and landscaping comprising of a minimum of 8 canopy trees per 100 linear feet of frontage on Chadwick Road.

Phillip Hollis, Hollis Engineering, representing the subject property owner, addressed the Board to advise they, along with the staff attempted to provide two access points to this proposed medical office building. However, they were unable to get them at this time. He said it is their hope that when Lots 5 & 6 come in for approval, County staff will be able to obtain the second access.

Gerald Green, 3320 Chadwick Road, addressed the Board to speak in support of the proposed development. He said they have requested and it has been agreed to that the wall will be 8 feet above the centerline of Chadwick Road. He distributed an information packet (copy received & filed) requesting that the wall be constructed first prior to the clearing of the lot because of mice in the area.

Commissioner Morris left the meeting at this time.

Mr. Hollis advised it is their intention to construct the wall first before the clearing is done.

Richard Harry, 3302 Chadwick Road, addressed the Board to discuss how the driveway to SR 436 on Mrs. Duffie's property was constructed. Whereupon, Commissioner Van Der Weide suggested Mr. Harry meet with him and the County Attorney to determine if the County can do anything about overruling the judge's order with regard to the driveway on SR 436.

John Dwyer suggested bringing Phase 2 back before the Board prior to construction.

No one else spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #99-50, as shown on page ________, rezoning from RP (Residential Professional) to RP (Residential Professional), property located on the south side of SR 436, just west of Avery Lane, as described in the proof of publication; approve revised site plan for the subject property; and approve Development Order, as shown on page ________, with staff recommendations and to include that Phase 2 will be brought back to the Board for approval with regard to any access.

Districts 1, 3, 4 and 5 voted AYE.

Proof of publication, as shown on page ________, calling for a public hearing to consider School Location Amendments to the Comprehensive Plan, received and filed.

Commissioner McLain left the meeting at this time.

Planner, Nancy Roberts, addressed the Board to present the request, advising the County's Comp Plan and Land Development Code cover the majority of the new State requirements. She said staff recommends including policy changes that clarify and ensure consistency between Plan policies and Code provisions and which expand current policies to meet State requirements.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt Ordinance #99-51, as shown on page _________, amending the Seminole County Comprehensive Plan by adopting the following text amendments: 99F.TXT 6, 99F.TXT 7, 99F.TXT 8.1, 99F.TXT 8.2, 99F.TXT 8.3, and 99F.TXT 8.4, as described in the proof of publication.

Districts 1, 3 and 4 voted AYE.

No Report.

Commissioners Morris and McLain re-entered the meeting at this time.

Commissioner Morris briefly discussed the Convoy of Hope to be held 10:00 a.m. to 3:00 p.m. on December 11, 1999 at Crooms School of Choice (copy of information was received & filed). He said he would like to invite the other cities to participate in this.

The Board, by unanimous consensus, agreed to participate as individuals and to request other entities to join in the Convoy of Hope on December 11, 1999.

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Commissioner McLain advised the City of Oviedo is interested in working with the County in a possible partnership for the acquisition of the Winter Miles Horse Training property.

Bob Dallari, Chairman, City Council of Oviedo, addressed the Board to advise the parcel is approximately 80 acres. He said they would like both the City and County staffs to work together to see what the property could be used for and whether the joint purchase would be feasible.

Upon inquiry by Chairman Henley, Mr. Dallari advised the City has transmitted the proposed land use change for the property to DCA. He further advised that the City has not annexed the property yet.

Gene Wiliford, City Manager of Oviedo, addressed the Board to advise the property owners have made application for annexation, a change in land use, and Low Density rezoning. All of that has been transmitted to DCA for their review.

Commissioner McLain suggested there is a great need for a regional park. He, therefore, urged the Board to work with the City and direct the staff to meet with the City staff to see if this could be put into the County's parks program.

Chairman Henley stated this property has already come before the Board. He said there are a number of "big ticket" items, such as the Courthouse, for which funding needs to be found, and he is reluctant to commit the Board to this until some of the other things are taken care of.

Commissioner Morris agreed that no money should be committed until after the work session in November when priorities will be set.

Commissioner Maloy stated if the Board is going to look at this property, then he would also like thrown into the mix the property in Chuluota that is on a lake.

The Board, by unanimous consensus, directed the County manager to set up a meeting with both the County and City staffs to discuss the feasibility for joint acquisition of the Winter Miles property for a park.

Commissioner Morris advised he was elected Chairman of the East Central Florida Regional Planning Council.

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

1. Letter dated 10/7/99 to Chairman from Sal & Diana Giardin re: Opposition to proposed Wal-Mart on SR 46. (cc: BCC, Comprehensive Planning, Current Planning)
2. Letter dated 10/1/99 to BCC (with attached exhibits) from Steve Romeo, President - Carillon Community Residential Association re: Support of proposed amendment to PUD zoning. (cc: Co. Manager, Deputy Co. Manager, Current Planning, Mary Anne Moorehead, Sharon Browder, Paul Wean)
3. Memorandum dated 10/18/99 to Chairman from Lonnie Groot, Deputy Co. Attorney re: Correspondence from Fannie Mae relative to "Homeownership Tax". (cc: BCC, Co. Manager, Deputy Co. Manager)
4. Copy of letter dated 10/14/99 to Susan Deines, Sr. Planner-City of Lake Mary (with attached letter of 10/4/99) from Tony Matthews, Planner-Comprehensive Planning re: Joint Planning Agreement & Lake Mary Boulevard Gateway Standards. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director, Comprehensive Planning Manager, Current Planning Manager, Principal Planner)
5. Letter dated 10/15/99 to Chairman (with attachment) from Darrell Kelly, President-Economic Development Commission re: Strategic Funding Plan. (cc: BCC)
6. Facsimile dated 10/6/99 to Commissioner Maloy from Shirley Perdue re: Opposition to rezoning for Sam Carr project. (cc: BCC, Comprehensive Planning, Current Planning)
7. Letter dated 10/14/99 to Chairman from Ray Eubanks, Community Program Administrator-Dept. of Community Affairs re: Receipt of comprehensive plan amendments. (cc: BCC, Co. Attorney, Co. Manager, Deputy Co. Manager, Comprehensive Planning Manager)
8. Identical E-mails dated 10/17/99 to BCC re: Opposition to Wal-Mart on SR 46 from the following: John & Margaret Drakesmith, Joel & Annette Carmany, Deloris Humphries, James Serrano. (cc: Comprehensive Planning, Current Planning)
9. Letter dated 10/8/99 to Cindy Gennell, Chairman-Greenways & Trails Taskforce from Chairman re: Funding for Countywide trails crew.
10. E-mail dated 10/17/99 to BCC from Patrick & Michelle Paroline re: Opposition to proposed Wal-mart. (cc: Comprehensive Planning, Current Planning)
11. E-mail dated 10/18/99 to BCC from Mr. & Mrs. Gene McKay re: State Road 46 Overlay Standards. (cc: Comprehensive Planning)
12. E-mail dated 10/18/99 to BCC from William Mark Clifford re: Agenda suggestions. (cc: Co. Manager, Deputy Co. Manager)
13. Identical form letters to BCC re: Support for purchase of Winter Miles property from the following: Janine Papin, Don Anders, Randy Dickson, Don Parry, Leno Dial II, Chuck Kilgore, Jeanne Kilgore, Bill Cahoun.
14. Letter dated 10/19/99 to BCC from Dr. Leonard & Ellen Glass re: Proposed extension of GreeneWay. (cc: Public Works)
15. E-mail dated 10/17/99 to BCC from Lewis & Janet Paroline re: Proposed amendment to SR 46 Gateway corridor zoning classification. (cc: Comprehensive Planning, Current Planning)
16. E-mail dated 10/16/99 to BCC from Lewis & Janet Paroline re: Opposition to Wal-mart. (cc: Comprehensive Planning, Current Planning)
17. E-mail dated 10/15/99 to BCC from Barbara Kurdyla re: Garbage Service Complaint. (cc: Environmental Services, Co. Manager, Deputy Co. Manager)
18. E-mail dated 10/15/99 to BCC from A.J. & Barbara Kurdyla re: Poor Quality Road Paving. (cc: Public Works, Co. Manager, Deputy Co. Manager)
19. E–mail dated 10/15/99 to BCC from A.J. & Barbara Kurdyla re: Winter Miles property. (cc: Current Planning, Comprehensive Planning)
20. E-mail dated 10/07/99 to BCC from L.D. Kranz re: Keep Chuluota Rural. (cc: Comprehensive Planning, Current Planning)
21. Letter dated 10/12/99 to Chairman from Robert Dallari, Chairman-City of Oviedo re: Winter Miles Horse Training Center. (cc: BCC, Co. Manager, City Council, City Manager)
22. Copies of letter dated 10/4/99 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Ilaina Carter, Cee Jay Pedersen, Lisa Eichenblatt.
23. Minutes from the 9/9/99 Tourist Development Council Meeting.
24. Memorandum dated 10/13/99 to Employees from Kevin Grace, Co. Manager re: Pay Band Adjustments.
25. Memorandum dated 10/11/99 to BCC from Jerry McCollum, Co. Engineer re: Western Beltway. (cc: Co. Manager, Public Works Director, Public Works Administrative Manager, Planning & Development Transportation Specialist)
26. Copy of letter dated 10/12/99 to Kimberly Dixon, Co. Road Operations from Rick Ottesen, Engineer-SJRWMD re: Alternative Surface Treatment Program. (cc: BCC)
27. Notice and agenda for 10/11/99 Seminole Co. Port Authority Meeting.
28. Memorandum dated 10/12/99 to Commissioner Maloy from Lonnie Groot, Deputy Co. Attorney re: Land Development Code Amendatory Ordinance-Private Schools. (cc: BCC, Co. Manager, Deputy Co. Manager, Planning & Development Director)
29. Letter dated 9/22/99 to Chairman (with attached report) from Dorothy Commer, Associate Professor-University of Florida re: Land Use in a Growth State. (cc: BCC)
30. Article to BCC from Doris Buth re: Stormwater Drainage on Highland Drive. (cc: Co. Manager, Public Works Director)
31. Identical letters to Vice Chairman Maloy re: Opposition to Student Housing/Apartments in the Oviedo area from the following: Mr. & Mrs. William Froehlich, Robert & Cheryl Chick, Larry Mausner, Spencer & Karen Smith, Jennifer Gridly, Derrick & Traci Jones, Francis & Lori Ann Virostek, Bob Nitsch, Cathy Davis, Lara Redmond, Karen Netterstrom, Bonita Meyer, James & Katherine Wallace, Brian & Samara McMillan, William & Kimberly Farr, Burnell & Phyllis Dinkius, Robert & Barbara Karas. (cc: BCC, Comprehensive Planning, Current Planning)

1. Memorandum dated 10/21/99 to BCC, Co. Manager from Dr. Jane Polkowski, Director-Seminole Co. Health Department re: Rodent Control Program in Seminole County. (cc: Community Services Director, Deputy Co. Manager)
2. Memorandum dated 10/21/99 to BCC (with attachment) from Tony Matthews, Principal Planner-Comprehensive Planning re: Revision to the Private Property Rights Analysis for SR 46 Gateway Ordinance. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director, Current Planning Manager, Comprehensive Planning Manager, Fiscal Services Director, Principal Planner, Deputy Co. Attorney, Co. Commission Records Supervisor, Co. Manager Executive Assistant)
3. Memorandum dated 10/21/99 to BCC from Jerry McCollum, Co. Engineer re: SR 46 Study & Western Beltway. (cc: Co. Manager, Public Works Director, Planning & Development Transportation Specialist)
4. Letter dated 10/18/99 to Robert Dallari, Chairman-City of Oviedo from Chairman re: Winter Miles Horse Training Center. (cc: BCC, Co. Manager)
5. E-mail dated 10/19/99 to BCC from Bill & Paula Moreshead re: Commercial Development in Chuluota. (cc: Current Planning)
6. E-mail dated 10/21/99 to Chairman from Albert Whitworth re: Opposition to Wal-mart on SR 46. (cc: BCC, Comprehensive Planning, Current Planning)
7. Copy of memorandum dated 9/30/99 to Maureen Landgraf, Analyst-Engineering through Henry Brown, Assistant Co. Attorney from Keith Roark, Road Project Acquisition Manager re: Direct Pay Request for Title Work. (cc: BCC, Purchasing Manager)
8. Notice of Board of Adjustment hearing-City of Lake Mary 11/3/99.
9. Copy of letters dated 10/14/99 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: Richard Honsa, Roger & Soni Accardi, Thalia Currie, Laymon Goodman, Rita Greenwalt, Roxandra Popa, Kimberly Payne, Peggy Cusumano.
10. Notice of Planning & Zoning Public Hearing-City of Sanford 11/4/99.
11. Contracts for services, as shown on page ________, between Seminole Co. Parks & Recreation and Patricia Gehret (tennis teacher), Samuel Aponte (softball umpire) and Jorge Fernandez (softball umpire).

Kevin Grace advised of a Memorandum (received & filed) from the Tourist Development Council requesting the Board address the Conference Center issue.

Director of Tourist Development, Jack Wert, addressed the Board to present the request from the TDC for the BCC to rescind their previous action designating Sanford as the preferred site for a Conference Center, and to release the County from any future monetary contribution for debt service or operation of that proposed facility. He said the Council would like to see this opened up to encourage other people to come forward if they have a project.

Commissioner Morris questioned if there is a way to keep the designation in place, but to invite additional proposals to come forward for consideration.

Red McCollough, TDC member, addressed the Board to state the TDC is not against Sanford or any other site. He said the TDC had no input concerning the Sanford site and were left out of the decision-making process until after the fact. He explained that the TDC has taken a position that the BCC should rescind their motion approving any monetary obligation for the Sanford site; thereby, opening it up to anyone who would like to make a proposal.

Discussion ensued between Commissioner Morris and Mr. McCollough. Commissioner Morris stated the Sanford site would still be the designated site until such time as a different proposal comes in. He suggested the Board open this back up to any and all proposers. He further stated that if a bona fide proposal comes forward from Pizutti or Altamonte Springs, he will withdraw support for the Sanford site because it is not moving forward. He said he believes the County needs a conference center and he hopes the private sector will pay for it all.

Commissioner Van Der Weide stated it appears the TDC is wanting the Board to disengage itself from the exclusive deal with Sanford. He said he believes this thing needs to start over fresh and feels the Board needs to move today to sever the exclusivity with Sanford.

Commissioner McLain stated Sanford has moved through this process with a lot of debate and hard work and are now in the process of working with new people. He said rescinding the motion will send a wrong signal.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Morris stated the $10,000 set aside is for a review of the feasibility study.

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

Chairman Henley suggested the Board leave the $10,000 there for whatever proposal and study that comes in.

Mayor Larry Dale, City of Sanford, addressed the Board to state the City is coming very close to a deal. He said he wished he could tell the Board who he has been meeting with. He stated Sanford is the County Seat and the lakefront is one of the greatest assets of the County. He further stated that he has received a lot of activity on this. He said he does not mind competing because he believes they have the best view and location. He added the City is conducting their own feasibility study.

Upon inquiry by Chairman Henley, City Manager, Tony VanDerworp, addressed the Board to advise the feasibility study should be completed in 45 to 60 days.

Commissioner McLain suggested holding off on the rescission of the designation until the first of the year. Whereupon, Mayor Dale stated he believes that would give the City enough time.

Doreen Freeman, 705 Mellonville Avenue, addressed the Board to state she believes two years is long enough. She said she highly opposes the City doing their own feasibility study and believes the developer should be responsible for it. She stated she would like to see this opened up because there might be a better offer available from another developer in another part of the County where there would not be so much commitment from the City itself. She requested the Board take the TDC's recommendation.

L. Millard Hunt, 801 East 2^nd Street, addressed the Board to advise he represents the Society for the Preservation of Fort Mellon Park. He stated that no one has mentioned that the Sanford site is in the middle of the historic downtown community. He spoke in opposition to the Sanford site, stating the conference center should not be built in Fort Mellon Park. He said the City of Sanford needs to do some things before it can support this kind of facility and he believes this is getting the "cart before the horse".

Commissioner McLain stated he believes that in 60 days, the study will be completed and he feels it would do undue harm to the negotiations the Mayor has been having if the designation is taken away at this time.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue with the Sanford site designation until the first meeting in January; and to instruct the County Manager to bring any alternative proposals received forward for the Board evaluation.

Under discussion, Commissioner Morris clarified the County is open to any and all bids and is not exclusively working with the City of Sanford.

Commissioner Morris suggested a friendly amendment to the main motion by stating that the County Commission will invite any and all participants and bidders on a conference center site in Seminole County, and will entertain all bids on an equal basis with Sanford; but will not change the current designation at this time. Commissioner McLain concurred with the friendly amendment.

Under discussion of the motion, Commissioner Maloy stated he would hope that TDC's input will not be overlooked again.

Chairman Henley stated he is not sure this is going to be perceived as a "level playing field". Whereupon, Commissioner Maloy concurred.

Mr. McCollough stated the TDC is concerned with the monetary commitment made by the Board. He suggested the Board eliminate any conversations of dollars for helping the City of Sanford out in any way and include same in the motion.

Commissioner Morris stated he will add to his motion that there is no financial commitment to the City of Sanford.

Commissioner Van Der Weide called the question and Commissioner Maloy seconded it, with Commissioners Morris,

Henley and McLain voting NAY to calling the question.

Motion by Commissioner McLain, seconded by Commissioner Morris to amend the main motion by rescinding any action as it relates to funding and committing TDC tax dollars to the City of Sanford.

Under discussion of the amendment, Chairman Henley stated he interprets these motions as the City of Sanford still has the designation as the County conference center site, but nothing else, and that the County is inviting other proposals.

Commissioner McLain stated that if a feasibility study does come in, the Board will ask the TDC to evaluate that and make a recommendation on the 3 cents bed tax, which will come back to the BCC for consideration.

Chairman Henley stated any site will be reviewed by staff and the TDC, and recommendations will come back to the Board for consideration.

Upon inquiry by Commissioner Maloy, Chairman Henley advised this means that any commitment to debt service is rescinded.

The Amendment to the Motion was voted upon and carried, with Districts 1, 2, 3, 4 and 5 voting AYE.

The Chairman reviewed that the main motion, as amended, still designates the Sanford site, but extends an open invitation to everyone else to come in under equal footing for consideration, and rescinds any financial commitment to the City of Sanford.

The main Motion, as amended, was then voted upon and carried, with Districts 1, 2, 3, 4 and 5 voting AYE.

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The Board, thereupon, recessed at 5:11 p.m., reconvening at 7:08 p.m. with all Commissioners and all other Officials, with the exception of Commissioner Morris who entered late, and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from C-2 (Retail Commercial) to PUD (Planned Unit Development); property located on the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and W. Carrigan Avenue, Sam Carr, on behalf of owners WEAT Land Partners II, received and filed.

Chairman Henley stated the applicant has requested a continuance. He asked if the Board had any objections.

Senior Planner, Gary Schindler, addressed the Board to state the applicant requested a continuance to December 14, 1999, or the soonest meeting thereafter for an evening public hearing.

County Manager, Kevin Grace, addressed the Board to state he is looking at having a work session in November and continuing this public hearing to after the first of the year in January, 2000.

Mr. Schindler said he understands that there is not an opening for the December 14 meeting and he did advise the applicant that the hearing would likely be moved from that date and the next meeting date would be January 11, 2000.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to the first meeting in January (January 11, 2000), request to rezone from C-2 (Retail Commercial) to PUD (Planned Unit Development); property located on the southwest quadrant of the intersection of SR 434 (Alafaya Avenue) and W. Carrigan Avenue; as described in the proof of publication, Sam Carr, on behalf of owners WEAT Land Partners II.

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

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Chairman Henley announced that Commissioner Morris is not present at this time, but is expected later.

Proof of publication, as shown on page __________, calling for a public hearing to consider the Zoning Classification Ordinance for the SR 46 Gateway Corridor Overlay Standards.

Chairman Henley stated this is the first public hearing and the second public hearing for adoption will be held on November 9, 1999. He said amendments can be made to the ordinance tonight as long as they are no more restrictive than what was advertised.

Senior Planner, Tony Matthews, addressed the Board to state the Ordinance creates an overlay standards zoning classification and assigns that classification to affected properties within that segment of SR 46 located between the railroad overpass at Airport Boulevard and North Center Road, located approximately 800 feet west of Orange Boulevard. He said the Ordinance is modeled substantially after the Lake Mary Boulevard Gateway Ordinance. Mr. Matthews said he has distributed a memorandum (copy received and filed) with additional input. He stated staff is recommending the Ordinance with the following findings that the Ordinance will: (1) Ensure the development of the SR 46 Corridor as a well-landscaped and scenic gateway; (2) Provide uniform design standards to establish high quality development; (3) Prevent visual pollution caused by unplanned and uncoordinated uses, buildings and structures; (4) Maximize traffic circulation functions from the standpoint of safety, roadway capacity, vehicular and non-vehicular movement; (5) Maintain and enhance property values; (6) Preserve natural features at the maximum extent practicable; (7) Recognize and make allowances for existing uses and buildings; (8) Be consistent with the North I-4 Target Area Master Plan approved by the Board in 1996; and (9) Be consistent with Design Element Policy 5.2.3 (Gateway Roads) and Traffic Circulation Policy 16.6.5 (Aesthetics and Visual Appearances of Roadways).

Mr. Matthews reviewed the P & Z recommendation at their meeting of October 6, 1999, for approval with changes. He advised of memorandums and letters received from Sanford Mayor Larry Dale, the Development Advisory Board and Mike Hattaway, and Carse Oil (copies received and filed). Mr. Matthews said Carse Oil is requesting to be excluded from this Ordinance.

Current Planning Manager, John Dwyer, addressed the Board to state the staff’s position on the five changes recommended by Mayor Dale, as follows: #1) Staff concurs; #2) He believes this is what staff is proposing in the Ordinance and staff has no problem with the change; #3) Staff is proposing that the retention ponds be allowed in the landscape buffers if considered part of the landscaping amenity; #4) Staff has no problem with the change; and #5) At the present time, the proposed Ordinance deletes bulletin boards. Mr. Dwyer said he will leave this up to the Board.

Mr. Dwyer said he spoke with Mr. Hattaway last week regarding his and the DBA’s comments and said: #1) He agrees with this comment; #2) He agrees with this comment. Mr. Dwyer said staff can come up with a list that will allow a mixture of trees rather than all Live Oak trees; #3) On the four trees per 100 feet, staggered for entrances and ground signs, they do that already; #4) This is a similar comment as Mayor Dale’s to allow stormwater retention in the buffer; and #5) He believes it was the recommendation of the P & Z also to delete Section 10 from the Ordinance and staff has no problem with that.

Mr. Matthews advised that staff is not recommending to delete the parcel as requested by Mr. Carse as they feel he should not be treated any differently than others. Mr. Matthews said the City of Sanford passed a very similar ordinance in April.

Commissioner Maloy discussed with staff the need for the building height restriction, Section 4, in the ordinance.

Mayor Dale addressed the Board to speak in support of the Ordinance. He said SR 46 is the last major east/west entranceway into Seminole County that remains undeveloped. He has been working to try to come up with things that are fair but also to set standards for development. He said the City of Sanford approved their ordinance in April and he has no objections to the proposed ordinance. He stated he has checked and the gateway corridors enhance property values. He asked the Board’s cooperation in helping them establish, coming into Sanford in the northern part, the quality of life they want to see on what’s going to become a very busy corridor coming off I-4. He said he wants the City to have the same ordinance as the County, and if things are different, he will seek to change that.

Commissioner Maloy discussed with Mr. Dale the 25 and 15-foot buffers. He also asked if there had been thought about the County and City doing landscaping and irrigating in the median, as the ordinance is telling commercial properties to landscape and irrigate. Mr. Dale said this was discussed at the P & Z meeting. He said he is looking forward to working with the County to help him work with the State to bring this to fruition.

Mr. Matthews reported that in June, 1998, the Board signed a resolution with DOT for the County to take a more active role in beautification. In his discussions with DOT, they will permit landscaping in their right-of-ways as long as the County obtains permission from them to do so.

Commissioner Van Der Weide said he would like to see the City of Sanford donate reclaimed water for irrigation.

At the request of the Chairman, Mr. Matthews reported on the economic impact of this proposal.

Gene McKay, 4916 Fawn Ridge Place, addressed the Board to state he supports the effort the Board is making on this Gateway Corridor. He thinks it is something that is overdue, has to be done, and something they have to work out. He expressed his concern that he doesn’t think the overlay is strong enough. He said the Board needs to make it as nice as they can for the people who live and work in the area--make it an attractive place to attract the kind of development needed. Mr. McKay said the Board has to separate the east and west sides of I-4 as they are two different kinds of characters to represent. He doesn’t think the residents are opposed to development, but toward the quality of development. He asked that the size of the buildings be restricted to 50,000 square feet on retail establishments, restrict hours of operation of the businesses so there are not all night businesses, with the exception of convenience stores. On both sides of I-4, he asked the Board to restrict the height of lighting to no less than 18 feet; include more visual screening in the overlay like hedges; encourage upscale development in the gateway for things like you find along International Boulevard in Heathrow. He suggested the Board work with Economic Development to find out how they can make it more attractive to these kind of people by putting in verbiage in the ordinance. He said if the Board is just going to make it cheaper for developers to develop, they will get cheap development all along the corridor.

Commissioner Maloy responded to Mr. McKay that anything the Board passes would make it tougher and more expensive to develop along the corridor.

Upon inquiry by Commissioner Van Der Weide, Mr. McKay gave examples of the kind of upscale development the residents want to see in the area. Whereupon, Commissioner Van Der Weide stated Mr. McKay is requesting a change to the land use.

Commissioner Morris entered the meeting at this time.

Commissioner McLain explained that the Board deals with the types of businesses during a land use hearing. He asked that the discussion stick to the gateway corridor and its benefits.

Upon inquiry by Commissioner Maloy, County Attorney, Robert McMillan, advised that the Board cannot put a limitation of square footage at this hearing, as that is a different subject. He said with the proper findings, he supposes that would be something the Board can do, but they usually put a minimum size and not maximum size limitation.

Monte Shoemaker, 5376 E. Ohio, addressed the Board to state Lake Mary Boulevard is pretty close to failure already and no one would get on SR 436 and SR 434 at certain times of the day unless they were compelled to do so. He said that is the result of a lack of vision. Now the BCC has the chance to prevent that same thing from taking place on SR 46.

Commissioner Maloy left the meeting at this time.

Mr. Shoemaker said he supports the changes proposed by Mayor Dale.

Keith Schue, 30641 Edgewood Street, Sierra Club Central Florida Group, addressed the Board to state he is very supportive of this action to have an overlay corridor. He displayed a map (received and filed) showing the boundary of the Wekiva River Protection Area and said those properties 800 feet into this area (indicated to the left of the red line), should be excluded from this zoning overlay category.

Commissioner Maloy returned to the meeting at this time.

Mr. Schue said another zoning overlay should be created for the Wekiva River Protection Area that will enhance the rural character of that area.

Commissioner Morris said he did not understand what the proposed Ordinance does to affect the Wekiva River Protection Area. He said under the current law, this ordinance would make a more restrictive setback and landscaping. He asked Mr. Schue how could he possibly be opposed to the ordinance.

Mr. Schue stated he is saying the area needs to be treated differently than the area outside the Wekiva River Protection Area.

Commissioner Morris said the County doesn’t have a separate overlay ordinance, but only a State law. He said the ordinance is better that what the County has currently.

Commissioner Maloy said he thinks Mr. Schue summed it up in his letter from the Sierra Club to the Board. He said he would have no problem with the 800 feet.

Mr. McMillan left the meeting at this time.

Upon inquiry by Commissioner McLain, Mr. Matthews reviewed the current land use in the 800-foot area. He said adding the additional requirements will give more protection for the Wekiva River Protection Area. He said staff still has plans to look at a separate overlay for the WRPA and when they do, it will supercede the currently proposed Ordinance.

Mr. McMillan returned to the meeting at this time.

Mr. Dwyer said staff felt until such time as a separate overlay is done, this ordinance will add to the protection of the WRPA.

Commissioner McLain responded to Mr. Schue he doesn’t have a problem with his request as long as he understands that puts a less restrictive zoning on the property. Discussion with Mr. Schue continued.

Commissioner Van Der Weide stated he has no problem with Mr. Schue’s request, but he was not sure Mr. Schue knows what he wants.

The letter to the BCC from Mr. Schue was received and filed into the Record.

Michele Williams, 6897 Oak Glen Court, addressed the Board to state her neighborhood is rallying together to make sure the right things are done in the right way in the western area of the County, specifically west of I-4. She personally favors the most restrictive situation they can get. She said if the developers want to develop in the area, they will do what they need to do if the County sets the standards high enough. She said they are for keeping the development at a minimum in the area.

Commissioner Morris discussed with Mrs. Williams the Lake Mary Boulevard Corridor.

Commissioner McLain advised that the Board does not have the ability to make the Ordinance more strict once it has been advertised but can only go less restrictive. He explained the County wants to make their standards the same as the City of Sanford’s. He said most of the standards are the same as for Lake Mary Boulevard.

Harry Kwiatkowski, 306 Nebraska, addressed the Board to state this is the first opportunity he has had to see the economic impact statement and it is not anything like the Charter Commission envisioned. He said there are no numbers, dollars, or percentages in it; and it does not indicate anywhere the cost of administering the overlay standards.

Commissioner McLain left the meeting at this time.

Mr. Kwiatkowski said his point is that he thinks if the Board accepts this statement, it is truly an injustice. He would think the Board would request a lot more out of staff than what has been presented.

Chairman Henley stated he understands some of the difficulty in arriving at some of the dollars and there would have to be estimates.

County Manager, Kevin Grace, left the meeting at this time.

Dan Pelham, 135 S. Center Road, addressed the Board to state he is concerned with the area in the 800 feet and the south side of SR 46. He said he has been there for 40 plus years. He said this property at AAA was put into a control district for retail and he doesn’t want to see it changed. The traffic has gotten to be so much with others coming into Seminole County and trucks that haul sand and gravel to build. He said it sounds like artillery fighting all night long and asked if something can be done for the brakes on these vehicles. Mr. Pelham said he thinks the County Commission can make a big difference in this area.

Commissioner McLain returned to the meeting at this time.

Mr. McKay stated he has changed his mind about supporting the Ordinance because of a statement made by one of the Commissioners that this Ordinance cannot be changed to make it more restrictive. He said if that is the case, he would not support it because their hope was that the Board would enact an ordinance with more teeth in it. Whereupon, Commissioner McLain clarified the rules that the Board cannot make the ordinance more restrictive than what was advertised. He said the Board can come back and amend the ordinance at another date. Chairman Henley and Mr. McMillan also explained the rules and procedures.

Commissioner Van Der Weide advised Mr. McKay to make sure he understands that the Board tonight is adding some landscaping, setback and lighting issues to this overlay. Mr. McMillan added that this ordinance does not address issues on the property size or type of building. Commissioner Van Der Weide stated he doesn’t want the people leaving the meeting thinking this is going to be the answer to their problems in this area.

Commissioner McLain explained that land use changes take place during the amendment cycle for the Comprehensive Plan. He said it would be very difficult to downzone in the area. He noted there is some concern about the proposed Wal-Mart, but that is a different issue. What the Board is trying to do with this action is have all the amenities as with Lake Mary Boulevard, and all the other steps having to do with land use will have to be dealt with later.

Chairman Henley stated Ed Foley, 308 Still Forest Terr., has indicated he is in opposition, but does not wish to speak.

Mr. Dwyer advised that Parker Harrison, 3966 Rose Petal Lane, left the meeting a short time ago and indicated he had his questions answered and did not wish to speak.

Lou Musica, 5333 Old Winter Garden Road, representing Eller Media Co., addressed the Board to state he is requesting the Board to adopt Option 2, thereby, denying the overlay standards. He said the sign restrictions were contrary to what was adopted in the sign code. He asked, if the Board does adopt the overlay standards, to exclude billboards and off-premise signs from the recommendation. He believes the City does not have a problem excluding billboards from this district. He stated the two roads, Lake Mary Boulevard and SR 46, are different and should have different standards.

Upon inquiry by Commissioner McLain, Mr. Musica explained the differences in the character in the two roads.

Mr. McMillan left the meeting at this time.

Commissioner Morris advised Mr. Musica that the City of Sanford does not allow billboards in the city limits and a significant portion of this property will be accepted in the City in the future, particularly east of I-4.

Mr. McMillan returned to the meeting at this time.

Upon request by Commissioner McLain, Mr. Dwyer explained the codes for billboards

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Commissioner Morris recounted when the original Lake Mary Boulevard Gateway Corridor came before the County Commission. He stated the Corridor worked for Lake Mary and for the County. He said all the property owners want this; they want to set higher standards. He said he hopes the Commission will stand by the City of Sanford and do this. Commissioner Morris said he did not understand the letter from the Sierra Club regarding the Wekiva River Protection Area. He said he does concur with Mayor Dale’s comments.

Commissioner McLain stated he has watched over the years the development of 17-92, SR 436, SR 434, and he saw a change for the better on Lake Mary Boulevard. He said it is incumbent upon the Board to retain that high quality of development. He said Seminole County is now the richest county in Florida and the residents want better development. This ordinance will insure the development of the SR 46 Corridor as a well-landscaped and scenic gateway. It will provide uniform design standards to establish quality development. It will prevent visual pollution, maximize traffic circulation functions, and maintain and enhance the property values. He said it also recognizes and makes allowances for all the existing structures and buildings. The standards are going to do what he thinks they need to provide the vision for SR 46. He can see in 10 years a beautiful gateway and with the type of development he thinks they are all looking for. He said he firmly supports this ordinance and looks forward for the next public hearing where they can move it forward.

Chairman Henley stated it appears most of the Board are in agreement with what Mayor Dale suggested. He said he is not sure of where the Board stands with regard to Mr. Schue’s recommendation to stop at the Wekiva River Protection Area.

Commissioner Van Der Weide said he is in favor of moving the Sierra Club amendment also.

Commissioner Maloy inquired about the flexibility with landscaping, and Commissioner McLain said the Board can consider that at the next meeting.

Commissioner Morris stated he does not concur with the DAB’s recommendations.

Chairman Henley asked Mr. Dwyer and Mr. Matthews to decipher the items for which there was a consensus from the Board, separate them and reference page numbers for changes in order to expedite the next public hearing.

Motion by Commissioner McLain, seconded by Commissioner Maloy, to close the public hearing and continue consideration of the SR 46 Gateway Corridor Overlay Standards Ordinance until November 9, 1999, 7:00 p.m., or as soon thereafter as possible.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:56 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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