BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 27, 1998
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:03 a.m. on Tuesday, October 27, 1998, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Vice Chairman Win Adams (District 4)
Commissioner Grant Maloy (District 1) (Late)
Commissioner Dick Van Der Weide (District 3)
Commissioner Daryl McLain (District 5)
County Manager Gary Kaiser
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Absent: Chairman Randy Morris (District 2)
The Vice Chairman advised Chairman Morris is out of the Country on County business and will not be attending today’s meeting.
COUNTY MANAGER’S BREIFING
WEB PRESENTATION/PURCHASING
Vice Chairman Adams advised the Purchasing Web Presentation has been pulled from the agenda and will be presented to the Board during the next meeting.
BCC CHAMBERS RENOVATION DISCUSSION
County Manager, Gary Kaiser, advised the Board will see a different configuration of the BCC Chambers at their afternoon meeting, due to the televising of meetings. He further advised the audio and video installation is about half completed.
COUNTY MANAGER’S CONSENT AGENDA
Items #1 through #37 were presented for consideration and action.
A brief discussion ensued with regard to Item #31, Joint Facilitation of Public Infrastructure Agreement relating to Red Bug Lake Road. Traffic Engineer, Bob Zaitooni, addressed the Board to discuss mast arm signals.
Commissioner Maloy suggested the County have a comprehensive plan for mast arm signals, stating he has no problem with them, but he would like to know the cost of replacing all signals.
Commissioner Van Der Weide suggested holding a work session on this issue. Whereupon, Mr. Zaitooni advised staff could conduct a work session after the first of the year.
The Board, by consensus, directed staff to move forward with a work session in January 1999, on a long-range plan for mast arm signals.
Commissioner Van Der Weide advised he would like to pull, for a separate vote, Item #27, request for public hearings to consider the Land Development Code Amendment to the Off-Premise Sign Regulations.
Discussion ensued with regard to Item #24, Consolidated Plans for the construction of a swimming pool for use by Seminole High School and the residents of Seminole County. Commissioner Maloy questioned if there is any commitment of when the pool will be opened to the residents. Whereupon, Commissioner McLain advised the facility will be divided into two separate pools. He further advised that the school will have first priority during the day for school events. However, he said he agrees that the Board should protect the public’s right to the pool.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to approve and authorize the following:
COMMUNITY SERVICES
Administration
Community Assistance
ENVIRONMENTAL SERVICES
Solid Waste
FISCAL SERVICES
Budget
PURCHASING
Formal Contracts
Professional Services
Request for Proposals
Information Only
LIBRARY & LEISURE SERVICES
PLANNING & DEVELOPMENT
Building
Comprehensive Planning
Development Review
PUBLIC WORKS
Engineering
Roads
Stormwater
TOURISM DEVELOPMENT
Districts 1, 3, 4 and 5 voted AYE.
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#27 The Board discussed request to schedule and advertise public hearing dates in November to consider the Land Development Code Amendment to the Off Premise Sign Regulations.
Commissioner McLain stated he believes it is appropriate to reschedule these hearings so that they will not be split between the old Board and the new Board.
Commissioner Van Der Weide stated he feels the Board is in need of another work session because it has been so long since the last one.
Upon inquiry by Commissioner McLain, Current Planning Manager, John Dwyer, addressed the Board to advise if the Board wishes another work session, the public hearing dates would have to be delayed until January 1999.
Commissioner Adams stated he feels sure Commissioner-Elect Henley will sit in the first public hearing so he can make an informed decision at the second hearing. He further stated this issue has been discussed by the Board for two years; and as long as Commissioner-Elect Henley is in attendance, he does not see why this should be delayed any longer.
Commissioner Van Der Weide stated he believes this needs to be delayed because he is hearing from the billboard industry that there is some disagreement on what they thought the deal was.
Mr. Dwyer reminded the Board that staff was directed by them to expedite this as soon as possible and that is why they are proposing the two hearing dates in November.
Commissioner Maloy stated that in looking over the draft ordinance, he believes a work session is in order.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to direct staff to schedule a work session on November 10, 1998 to discuss the proposed Land Development Code Amendment to the Off Premise Sign Regulations; and authorize scheduling and advertising public hearings for consideration of same in January 1999.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to amend the previous motion, by striking the date of November 10, 1998, and inserting the words, "prior to November 17, 1998".
Districts 1, 3, 4 and 5 voted AYE.
The main Motion was then voted upon and carried with Districts 1, 3, 4 and 5 voting AYE.
Vice Chairman Adams advised that Commissioner-Elect Henley will be requested to attend the work session.
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County Attorney, Robert McMillan reminded the Board that they had also discussed a moratorium concerning billboards; however, he said it does not appear that is necessary because the changes in the proposed ordinance are more liberal than the ordinance that is currently in place.
The Board’s consensus was not to implement a moratorium with regard to Off-Premise Signs.
COUNTY ATTORNEY’S CONSENT AGENDA
No report.
DEPARTMENTAL REPORTS
FISCAL SERVICES
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-234, as shown on page _______, and to authorize the Chairman to execute documents, as shown on page ________, for the issuance of Orange County Industrial Development Authority’s Revenue Bonds Series 1998, in a not-to-exceed amount of $6,500,000 for the Trinity Preparatory School of Florida, Inc. Project.
Districts 1, 3, 4 and 5 voted AYE.
PLANNING & DEVELOPMENT
ADMINISTRATION
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #98-R-235, as shown on page _________, creating the Seminole County Disability Advisory Council (SCDAC) comprised of up to 10 members appointed by the Board of County Commissioners.
Under discussion, Tony Tizzio, addressed the Board to state he believes this is outstanding for the citizens of the County.
Commissioner Maloy stated he would like to receive the minutes of the various boards, including this one, so that he as a commissioner can keep in touch with what these boards are doing.
Vice Chairman Adams suggested a staff report be done on the various boards and committees to see if they are still useful or not.
Commissioner Van Der Weide suggested making the terms of appointments to run with the terms of the commissioners who appoint them. He said he feels this makes sense to him.
Director of Planning & Development, Frances Chandler, addressed the Board to advise she has set this up so that each Commissioner can appoint two members and the appointment does not require a Board vote.
Commissioner Van Der Weide reiterated that he would like to change these appointments to run with the term of the appointing Commissioner. Discussion ensued.
Commissioner Adams suggested approving this item as recommended by staff and then when the new Board is seated, they can revisit the term issue.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to amend the previous motion to stipulate that the terms of appointments for the council will run consecutively with the appointing Commissioner.
Under discussion and upon inquiry by Commissioner McLain, Commissioner Van Der Weide stated if a Commissioner died in office, the term of the appointees would be at the discretion of the new Commissioner.
The Amendment was voted upon and carried with Districts 1, 3 and 5 voting AYE and Commissioner Adams voting NAY.
The main Motion, as amended, was then voted upon and carried with Districts 1, 3, 4 and 5 voting AYE.
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Commissioner Van Der Weide advised his appointments are Tony Tizzio and Doreen Kirk.
Discussion ensued with regard to the stipulation in the resolution regarding membership to consist of disabled or parents/guardians thereof. Whereupon, Mr. Tizzio stated he believes the council should be a mix and not all disabled or parents/guardians thereof. The Board concurred and Ms. Chandler advised she will bring back to the Board different types of categories for membership.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to strike the following out of Resolution #98-R-235, "consisting of the disabled or parents/guardians thereof".
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Maloy appointed Chris Drummond to the Disability Advisory Council
CLERK’S REPORT – CONSENT AGENDA
Motion by Commissioner McLain, seconded by Commissioner Maloy to approve and authorize the following:
Daniel Deleon Carrizales - $255 plus $40 Public Defender Application Fee
Thomas Edwin Capps - $255 plus $15.48 interest
Richard O’Connor - $113
Grafton Marshall - $258
Richard Hardy - $40 Public Defender Application Fee
James Clark Hess - $40 Public Defender Application Fee
Antony Jordon - $40 Public Defender Application Fee
Phillip King - $40 Public Defender Application Fee
James Monroe - $40 Public Defender Application Fee
Robert Allen, Case #94000680CFA - $200
Timmie Arthur, Case No. 95001325MM - $200
Jeffrey Barton, Case No. 98002389MM - $200
Stanley William Bartlett, Case No. L90002215CFA - $250
Artisha Von Blanton, Case No. 92000008CFA - $200
Larry Stephen Blough, Case No. 98001581MM - $200
Melody D. Butler, Case No. 96004451MM - $540
Susan Heather Clark, Case No. 97003099CFA - $200
Thomas Jayme Coyle, III, Case No. 97011425MM - $100
Ronald Dassau, Case No. 95000673CFB - $240
Samia S. Farang, Case No. 98004882MM - $350
George Frison, Jr., Case No. 91003364CFA - $200
Robert A. Grass, Case No. 96004718MM - $200
Loretta Harvey, Case No. 97010867MM - $200
Richard Hurt, Case No. 98000751MM - $200
Linda M.K. Knott, Case No. 97001274CJA - $100
Jeffrey S. Kolpin, Case No. 97004528CFA - $200
Jeffrey J. Kyes, Case No. 98005733MM - $450
John M. Lenihan, Case No. 97011103MM - $200
Robert Pierce Linsey, Case No. 98000458CFA - $250
Dan Lomprez, Case No. 93000847CJA - $50
Fabian Emilio Melendez, Case No. 98001629MM - $200
Richard Miller, Case No. 98005370MM - $200
Bexaida B. Morales, Case No. 98006657MM - $200
Joseph E. Obermuller, Case No. 98002076MM - $200
Shirley Mazenia Robinson, Case No. 97001512MM#2- $200
Steven Charles Ruby, Case No. 92013174MM - $100
Tina (W.B.) Sadler, Case No. 94003817CJA - $150
Joe L. School, Case No. 97002047CFA - $200
Beroy Scott, Case No. 91001124MM - $100
Dennis G. Seefelt, Case No. 98007656MM - $200
Jaboc Smith, Case No. 98006777MM - $100
NBCNCY (Nancy) Ann Solberg, Case No. 98002147MM - $100
Troy Anthony Sousa, Case No. 97001074CFB - $200
Brandy Sweeney, Case No. 97003051MM - $100
Michael Joseph VonHerbulis, Case No. 96002873CFA - $250
Margaret Yost Weir, Case No. 98005487MM - $200
Districts 1, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s "received and filed":
SHERIFF’S OFFICE – CONSENT AGENDA
The Board was advised that Item #1, Deputy Sheriff’s Blanket Bond, has been pulled from the agenda.
Motion by Commissioner McLain, seconded by Commissioner Maloy to approve and authorize the following:
Districts 1, 3, 4 and 5 voted AYE.
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The Board, thereupon, recessed at 10:04 a.m., reconvening at 1:35 p.m. with all Commissioners and all other Officials, with the exception of Commissioner Van Der Weide, who returned late, and Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
The Invocation was given by Pastor Buddy Harris, First Christian Church of Longwood.
Commissioner Grant Maloy led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #98-R-227, as shown on page __________, proclaiming the month of November 1998 as "American Indian Month" in Seminole County.
Districts 1, 4, and 5 voted AYE.
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Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt appropriate Resolution #98-R-236, as shown on page __________, in support of implementing expanded domestic service at the Orlando Sanford Airport.
Under discussion, Commissioner Maloy stated there are still a lot of complaints about the noise.
Commissioner McLain stated the Federal Aviation Authority requires the Airport Authority to address the noise and he is sure the Airport will work very diligently to reduce the impact of the noise element. Discussion ensued.
Commissioner Maloy said he is a bit uncomfortable in going on record talking about expanded services when there has been a lot of complaints about services expanded to this point. He referred to page 2 of the Resolution, third paragraph, and said he would rather not say "implementing expanded domestic service." Whereupon, Commissioner McLain said they can strike the word, "expanded," from the Resolution. Commissioner Maloy concurred.
Commissioners McLain and Maloy agreed to amend Resolution #98-R-36, striking the word, "expanded," on page 2, paragraph 3.
Districts 1, 4, and 5 voted AYE.
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Vice Chairman Adams recognized and welcomed Representative Jim Fuller, who was in the audience. Representative Fuller, District 16, addressed the Board to state he has been working with the City of Sanford, Mayor Dale, and the County lobbyists. He said Seminole County has a great opportunity for some economic development. He is trying to obtain more funds for the airport to expand and he will look to obtaining funds to try to expand the 17-92 project and also clean up the area. He is also looking at the I-4 bridge project. He asked the Board to let him know if he can do anything for them.
PRESENTATION - MARYANNE MORSE, CLERK OF THE CIRCUIT COURT
Clerk of the Circuit Court, Maryanne Morse, addressed the Board to state her office operates totally as a fee office and the law states that what the Clerk does not utilize to run her office must be given to the County at the end of the year. Over the course of 10 years, including this year, she has given the County $5,784,000. She said this year is her largest presentation of excess fees in the amount of $1,076,654.71.
Commissioner McLain said it has been a pleasure working with Ms. Morse and it’s efforts like hers that will allow expansion of the Courthouse with no new taxes. He commended Ms. Morse for the work she is doing.
PROOFS OF PUBLICATION
Motion by Commissioner Maloy, seconded by Commissioner McLain, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 4, and 5 voted AYE.
Vice Chairman Adams explained the rules of procedure for the public hearings.
Commissioner Van Der Weide entered the meeting at this time.
PUBLIC HEARINGS
VACATE AND ABANDON
DOROTHY KNOX
Proof of publication, as shown on page __________, calling for a public hearing to consider request to vacate and abandon two feet of a 15’ wide rear yard drainage and utility easement located at 1135 Eagles Bluff Point, Winter Springs, received and filed.
Senior Planner, Francis Aihe, addressed the Board to state the applicant is making this request because the pool deck and screen she is building behind the subject property would encroach into the rear drainage and utility easement by two feet. The staff is recommending approval of the application by adopting the resolution.
The applicant, Dorothy Knox, was in attendance but did not wish to speak.
No one else spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner McLain, to adopt appropriate Resolution #98-R-237, as shown on page __________, vacating and abandoning two feet of a 15’ wide rear yard drainage and utility easement located at 1135 Eagles Bluff Point, Winter Springs; as described in the proof of publication, Dorothy Knox.
Districts 1, 3, 4, and 5 voted AYE.
VACATE AND ABANDON
HOWARD AND BELINDA WAGONER
Proof of publication, as shown on page __________, calling for a public hearing to consider request to vacate and abandon a portion of the existing unimproved Third Street right-of-way located between Emmett Street and Park Avenue, Howard and Belinda Wagoner, received and filed.
Senior Planner, Gary Schindler, addressed the Board to present the request. He stated staff is recommending approval of the resolution vacating and abandoning this street.
No one spoke in support or in opposition.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #98-R-238, as shown on page __________, vacating and abandoning a portion of the existing unimproved Third Street right-of-way located between Emmett Street and Park Avenue; as described in the proof of publication, Howard and Belinda Wagoner.
Districts 1, 3, 4, and 5 voted AYE.
REZONE FROM A-1 TO R-1AA
SANLANDO LAND
Proof of publication, as shown on page __________, calling for a public hearing to consider request to rezone from A-1 (Agriculture) to R-1AA (Single Family Residential); property located on the south side of McNeil Road and east of Eden Park Road, Sanlando Land, received and filed.
Senior Planner, Don Fisher, addressed the Board to state Sanlando Land is requesting to rezone approximately 9.7 acres. He said based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 10-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property from A-1 to R-1AA, subject to dedication of additional right-of-way on McNeil Road to accommodate the required off-site improvements. He advised the Planning and Zoning Commission unanimously recommended this request.
Vice Chairman Adams determined that the applicant was not in attendance.
Commissioner Van Der Weide stated his concern is that there is a beautiful row of pine trees in front of this project and they are not very deep. If they are taken out for a sidewalk, that will take away the beauty of the project. The applicant said he is willing to put money for the sidewalk in escrow and he would not have any trouble giving up right-of-way. He explained that the problem is with the mandatory sidewalk.
Upon inquiry by Commissioner McLain, Mr. Fisher said perhaps this could be addressed at the time of the subdivision site plan review.
Dennis Steele, 1303 McNeil Road, addressed the Board to state 648 feet of his property runs along the west side of the subject property, and he asked what kind of border is going to be between them. Mr. Fisher advised that this hearing is for the conceptual plan review and no subdivision plan is available at this time. He said there will be no condition for a wall, but the applicant may want to put up one. Mr. Fisher also advised that the applicant will be required with subdivision plans to provide a plan for endangered species.
District Commissioner Van Der Weide stated he thinks this will result in being a quality product and the Board will do everything they can to make sure it is.
Vice Chairman Adams asked staff to keep Mr. Steele informed of what is going on with this project as the plans come in for a more specific use of the land.
John Murray, Sr., 1193 Bunnell Road, addressed the Board to state he is interested in the drainage situation. He too wishes the applicant would put up some kind of wall to safeguard their land.
Vice Chairman Adams asked staff to also keep Mr. Murray abreast of what happens.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, that property located on the south side of McNeil Road and east of Eden Park Road, be and the same, is hereby rezoned R-1AA (Single Family Residential), by adoption of Ordinance #98-48, as shown on page __________, and approval of Development Order, as shown on page __________; as described in the proof of publication, Sanlando Land, with stipulations that the pine trees be left in place and the cost of a sidewalk would be delayed with the money to be paid by the developer and held in escrow.
Under discussion, Vice Chairman Adams asked if the motion means the pine trees would never be moved. Commissioner Van Der Weide stated one Board cannot obligate another one, but the applicant is willing to put money in escrow for the sidewalk.
Upon advice of Mr. Fisher, Commissioner Van Der Weide included in his motion the stipulation in the Development Order that the Board can address the issue of a wall and, at that time, may require a wall to be installed along the property line. Commissioner Maloy concurred. Commissioner Van Der Weide added that it will be left to staff to work with the applicant and determine how much of a wall will be installed.
Districts 1, 3, 4, and 5 voted AYE.
ADD-ON
ENVIRONMENTAL SERVICES
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #98-R-239, as shown on page __________, amending solid waste rates reflecting a decrease to $34/ton from $36/ton, effective November 1, 1998; and authorize staff and the County’s Bond Counsel to make the necessary revisions in the Solid Waste Fund’s Bond Resolution implementing a Rate Stabilization Fund.
Districts 1, 3, 4, and 5 voted AYE.
LAND DEVELOPMENT ISSUES
COMPREHENSIVE PLANNING
Capital Programs Analyst, Kevin Fall, addressed the Board to present request for Appeal of Notice of Denial of Certification for Non-Compliance with County Ordinance 98-13 for Excitement Video. He reviewed the summary of chronological events as outlined in the staff report. He stated staff went out at the end of 90 days and made inspections and reported based on their findings.
Attorney Steve Mason, 1643 Hillcrest Street, Orlando, representing Ron Brown, Excitement Video, addressed the Board to state he had spoken with Deputy County Attorney Lonnie Groot and it comes down to if the owner of an adult entertainment establishment misses the deadline imposed pursuant to Seminole County Ordinance, that person will lose his license regardless of whether there are any mitigating or extenuating circumstances. He said that would be an unconstitutional decision on the Board’s part. He said there are three questions the Board needs to focus on: (1) If Mr. Brown complied with the Ordinance; (2) Are there extenuating or reasonable explanations for why the modifications were not made within the 90 days time frame; and (3) Was Mr. Brown acting in good faith during this entire time. He submitted photographs (received and filed) showing that all the modifications have been made and an affidavit (received and filed) from the contractor who made all the improvements. Attorney Mason discussed the issue of the outside lighting, stating staff had originally told Mr. Brown that he could have flood lights on the side of the building and later said that was not satisfactory; and Mr. Brown would have to install outdoor lighting with it running into the sky.
Ron Brown, 224 Woods Trail, Sanford, addressed the Board to answer questions by Attorney Mason about the history of his business, the changes staff asked him to make, and what actions he took after receiving a letter from the County. During questioning, he pointed out that legally as a tenant, he could not do the work, but he had to get permission of the property owner. Then he, along with Bob Morgan, adjacent business owner, had to hire a contractor. Mr. Brown gave details of his communications with Mr. Fall and outlined the steps taken after receiving a letter from him. He said as of today, all the requirements have been complied with. Eight photographs were submitted (received and filed) showing what has been done for compliance. Mr. Brown pointed out that he had to deal with three to four entities to get the work done. Only he and Mr. Morgan had to do this. He submitted a picture (received and filed) to the Board showing that Exotic Emporium Video is not in compliance with their sign and said the County is allowing them to remain open. Mr. Brown stated he was moving along in as timely fashion as he could and was not trying to delay.
Commissioner McLain asked staff to inspect the sign in front of Excitement Video because it may be too big.
Commissioner Van Der Weide discussed with Mr. Brown why he did not ask for an extension of time.
Attorney Mason read the affidavit of Jim Macon, Builder, who was hired by Mr. Brown and Mr. Morgan to make the modifications to the properties. Mr. Macon wrote that it was unreasonable for the County to set the 90-day restrictions.
Vice Chairman Adams discussed with Mr. Fall the address to where the letter was mailed to Mr. Brown. He also questioned why the business name is spelled differently and asked staff to check the license. Discussion ensued with Mr. Brown about the approval of their sign by Deborah Leigh, Violations Inspector. Vice Chairman Adams said when he observed the business, there were some large letters on the window which are in violation.
Planning and Development Director, Frances Chandler, addressed the Board to explain the business owner can keep his original name, but the Ordinance required if the business was to be grandfathered, there were certain designs that had to be met. She stated she will have staff make an inspection, as she was not aware that any code violations exist. Discussion continued.
No one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide to grant more time for Excitement Video to come into compliance, and this will include inspection of all current code violations.
Vice Chairman Adams called for a second to the motion without response; whereupon, the motion died for the lack of same.
Motion by Commissioner McLain, seconded by Commissioner Maloy, to deny the Appeal of Notice of Denial of Certification for Non-Compliance with County Ordinance 98-13 for Excitement Video.
Under discussion, Commissioner McLain stated the Board worked very stringently on the ordinance for the better part of a year. The business owner was notified and refused to attend the meetings. He feels the deadline caught up with them. He said he has a problem being told that the owner was not aware of this when it was so publicized.
Vice Chairman Adams said he will support the motion because, personally, he believes there has been plenty of public notice on the subject. This was discussed well over a year and the owner also did not come to the Board with the concern about meeting the deadline.
Districts 1, 4, and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
Vice Chairman Adams recessed the meeting at 3:30 p.m. and reconvened at 3:42 p.m. with all in attendance, with the exception of Commissioner Van Der Weide.
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Mr. Fall presented the request for Appeal of Notice of Denial of Certification for Non-Compliance with County Ordinance 98-13 for Bob’s Video. He explained this establishment is adjacent to the business in the previous hearing.
Upon inquiry by Commissioner Maloy about the summary of chronological events, Mr. Fall distributed a replacement sheet (copy received and filed).
Attorney Roger Butcher, 2316 Genova Drive, Oviedo, representing Robert Morgan, addressed the Board to state Mr. Morgan has spent approximately $11,000 since the passage of this Ordinance to come into compliance with the Code. He submitted a picture of the sign that was approved by Deborah Leigh, who said the additional signage on the remaining of the building was not in compliance and a permit could not be issued. Since that sign was taken down, Mr. Morgan was issued a permit. Attorney Butcher noted this is a significant difference between this application and the last one. He said Mr. Morgan did attempt to get his permit within the required period of time.
Mr. Fall confirmed that the signage and total area were done, but the use of "Bob’s Adult Video" was not in compliance, and he said no promotional advertising is allowed. Vice Chairman Adams referred to Page 2 of the Inspection Report, Item #6, regarding the identifier of the type of business, and Page 1 of the Staff Report, Subsection 38(c)(4)(L), regarding allowable signs and advertisements. Discussion ensued with Attorney Butcher and Mr. Morgan. Attorney Butcher stated Mr. Fall had said the sign they had was o.k. He recounted attempts to meet with Mr. Fall and said Mr. Fall did not have time to meet with him.
Commissioner McLain pointed out that whether Mr. Fall met with him or not did not change the facts prior to the end of the 90-day period. He asked why did Mr. Morgan refuse to come to the meetings when they were being held. Attorney Butcher said his client did not refuse to come to the meetings and did attend one. He said it was not in Mr. Morgan’s purview to go to the meetings and obligate the property. He further stated this property may be under the purview of the other ordinance because the roadway at the business location is going to be torn up.
Attorney Butcher submitted a copy of the Development Agreement (received and filed) and said Mr. Morgan was totally helpless to enter into the development agreement as he could not sign such an agreement. Whereupon, Mr. McMillan advised the development agreement approach was abandoned by the Board during discussions on the Ordinance.
Upon inquiry by Attorney Butcher, Vice Chairman Adams said the Board understands that the affidavit (copy received and filed) of the contractor applies to Mr. Morgan and the prior case.
Attorney Butcher reviewed the reasons for denial by staff. He submitted a proposal document (copy received and filed) from Driveway Maintenance Inc. with regard to Item II non-compliance. He referred to the section under Tab A of the affidavit and stated a fax from the Planning Office spoke of wall pacs. He said his client was first told he could use wall pacs and later was told he had to order a new type of lighting and run wiring to fit the light pole. He said this was the specific reason the lighting was not done on the 22nd. He said he can affirm that everything is in compliance now with the exception of the wording on the sign. Discussion continued.
Mr. McMillan advised the underlying purpose of the change in the name of the business was so that they could not be identified as an adult entertainment business. Commissioner McLain added the Board did not want that kind of publicity and signage when people ride down Highway 17-92.
Attorney Butcher submitted photographs (copies received and filed) of Exotic Emporium and said they were approved and have violations. Commissioner McLain instructed staff to check and see if violations exist. Whereupon, Mr. McMillan advised that there has been an amendment to the ordinance for Exotic Emporium because FDOT requested it be done as a result of the road improvement project, so the 90-day period did not apply to them.
Vice Chairman Adams discussed with Mr. McMillan and Ms. Chandler the acceptable language for signage for the name of the business.
Vice Chairman Adams surrendered the gavel for the purpose of making a motion.
Motion by Commissioner Adams, seconded by Commissioner Maloy, to deny Appeal of Notice of Denial of Certification for Non-Compliance with County Ordinance 98-13 for Bob’s Video.
Districts 1, 4, and 5 voted AYE.
Copy of letter to Bob’s Video from James P. Panico was received and filed into the Record.
DEVELOPMENT REVIEW
Development Plans Examiner, Sylvia Smith, addressed the Board to present request for approval of a waiver to Subdivision Platting (aka Plat Waiver) for Lot 1, Block A, Oakmonte Park known as Tract A (Alliance Bank site) within the L & L Acres PUD, ZOM Development, Inc. She stated the request is to create two lots from the existing single platted lot and an Alliance Bank building is proposed for Parcel 2 at this time. Staff is recommending approval of the plat waiver subject to cross access easement and utility easement dedications to the County.
Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve the waiver to Subdivision Platting (aka Plat Waiver) for Lot 1, Block A, Oakmonte Park known as Tract A (Alliance Bank site) within the L & L Acres PUD, ZOM Development, Inc., with staff recommendations.
Districts 1, 4, and 5 voted AYE.
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Mr. Schindler presented the request for approval of a Preliminary Subdivision Plan of Longwood Markham Road Project; property described as a 113.3-acre parcel located north of Longwood Markham Road and west of Lake Markham Road, BOC Markham, Ltd. He stated 54 lots are being proposed and the proposed development meets or exceeds the requirements of the A-1 zoning district. Staff recommends approval of the Preliminary Subdivision Plan.
Motion by Commissioner McLain, seconded by Commissioner Maloy, to approve the Preliminary Subdivision Plan of Longwood Markham Road Project; property described as a 113.3-acre parcel located north of Longwood Markham Road and west of Lake Markham Road, BOC Markham, Ltd.
Districts 1, 4, and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter received October 13, 1998 from Alex Barley to Chairman Morris in appreciation of the Cross Seminole Trail. (cc: BCC, CM, DCM, Frances Chandler, Colleen Rotella, Dave Schmidt)
2. Fax dated 10/11/98 from Barbara Fisher to BCC in opposition to proposed Colonial Grand project on Banana Lake Rd.
3. Periodical from Seminole County Government, Topix, "Floods: What We Can Do Now To Best Prepare".
4. Copy of memo dated 10/12/98 from Lonnie Groot, Deputy County Attorney, to Commissioner Maloy re: status of FDOT improvements on SR 434/Alafaya Tr.
5. Letter (with attachment) received 10/2/98 from David G. Franklin, FL Development Finance Corp./Enterprise FL, re: FY 96/97 annual report.
6. Letter (with attachment) dated 9/30/98 from Kip Beacham, Juvenile Assessment Center (JAC) Manager, to BCC re: JAC booking and intake statistics.
7. Press release dated 10/13/98 from Michael Ertel, Community Information Coordinator, re: contract agreement between the BCC and firefighters.
8. Fax dated 10/12/98 from Allan Goldberg, CFG Real Estate Group, to Commissioner Maloy re: agreement on proposed CFG development adjacent to Aloma Woods.
9. Letter (with attachment) dated 10/9/98 from Darrell Kelley, Metro Orlando EDC, to BCC re: September activity report.
10. Copy of letter (with attachment) dated 10/13/98 from Chairman Morris to Andy Benjamin re: Lake Mary Driving Range special exception.
11. Copy of letter dated 10/8/98 from Barry Wayne Dangler to Chief Terry Schenk, EMS, commending Kim Drury and Angie Eakman for 911 assistance. (cc: BCC, CM, DCM)
12. Copy of letter dated 10/12/98 from Terry Schenk, Fire Chief, to Barry Wayne Dangler in appreciation of his commendation letter for Public Safety staff. (cc: BCC, CM, DCM)
13. Copy of letter (with attachment) dated 9/29/98 from John Mica, US Congressman, to Bob Turk, Economic Development Coordinator, re: establishment of a joint military reserve complex adjacent to Sanford Orlando Airport. (cc: BCC, CM, DCM, Mayor Dale, Sheriff, Tony VanDerworp)
14. Copy of letter (with attachment) dated 10/13/98 from Tom Cloud, Esq., to Joyce Clamatt, UCF, re: County/UCF wastewater and reclaimed water service agreement.
15. Fax of 10/19/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM)
16. Letter (with attachment) dated 10/6/98 from Bob Butterworth, FL Attorney General, to Chairman Morris re: 1997 annual report on hate crimes in FL.
17. Copy of letter dated 10/12/98 from Chairman Morris to Tom King, U.S. Soccer, welcoming Women’s National Soccer Team to training facilities in Seminole County.
18. Copy of letter dated 10/14/98 from Chairman Morris to Thomas Beck, FL DCA, re: I-4 traffic congestion.
19. Notice of 10/21/98 Econlockhatchee River Basin Working Group meeting and agenda.
20. Memo dated 10/13/98 from Fran Sullivan, Tourism Development, to Diane Merkt, Lead Aide, re: approved 10/8/98 TDC minutes.
21. Memo (with attachment) dated 9/8/98 from Lonnie Groot, Deputy County Attorney, to BCC re: 9/22/98 public decency ordinance public hearing.
22. Letter dated 10/8/98 from Tom Hagood, Oviedo City Council Chairman, to Chairman Morris re: Chuluota Small Area Study. (cc: BCC, CM, DCM, Frances Chandler, Colleen Rotella)
23. Letter (with attachment) dated 10/12/98 from Janet R. Dougherty, Sanford City Clerk, to BCC re: Proof of Publication for Sanford Ordinance #3437.
24. Letter (with attachment) dated 10/12/98 from Janet R. Dougherty, Sanford City Clerk, to BCC re: Proof of Publication for Sanford Ordinance #3438.
25. Notice of 10/28/98 Stormwater Working Group meeting and agenda.
26. Letter (with attachment) dated 10/7/98 from Mike Lasky, T.G. Lee Foods, Inc., to BCC re: Community Relations Annual Report.
27. Copy of letter dated 10/13/98 from Allan Goldberg, Home Builders Assoc., to Gary Kaiser, County Manager, commending staff: Jim Marino, Mark Flomerfelt, Leroy Turja, Mahmoud Najda and Gil Backenstoss.
28. Copy of letter (with attachment) dated 10/15/98 from Gary Kaiser, County Manager, to Tom Hagood, Oviedo City Council Chairman, re: Chuluota Small Area Study.
29. Copy of memo (with attachment) dated 10/15/98 from Lonnie Groot, Deputy County Attorney, to Sandra Goard, Supervisor of Elections, Sandy McCann, Commission Records, and Mary Mantzaris, County Manager’s Office, re: Proofs of Publication for referendum election on proposed public decency ordinance.
30. Notice of rescheduled 11/17/98 CSBG Advisory Board meeting and agenda.
31. Memo (with attachment) dated 10/15/98 from Lonnie Groot, Deputy County Attorney, to BCC re: proposed Constitutional Revision 10.
32. Orlando Sentinel Proof of Publication, as shown on page __________, for 9/27/98 and 10/11/98, notice of referendum re: proposed public nudity ordinance.
33. Notice of Central FL Jobs & Education Partnership, Inc. RFP to implement teen pregnancy prevention demonstration, deadline 11/9/98.
34. Copy of letter (with attachment) dated 10/15/98 from Chairman Morris to John L. Mica, U.S. Congressman, re: correspondence from John Creekmore.
35. Notice of 10/21/98 Seminole County Port Authority meeting and agenda. (cc: BCC, CM, DCM)
36. Appointment Information application form for Boards and Committees from Steven Craig Suazo. (cc: BCC)
37. Letter (with attachment) dated 10/13/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3437, annexation of 2926 Knudsen Dr.
38. Letter (with attachment) dated 10/13/98 from Janet R. Dougherty, Sanford City Clerk, to Gary Kaiser, County Manager, re: Sanford Ordinance #3438, annexation of property between E. Lake Mary Blvd./Woodson Ave. and Cherokee Circle/U.S. Hwy. 17-92.
39. Letters dated 10/13/98 from Ken Roberts, Public Safety Director, in appreciation of contribution of "Homeless Homer/Morris the Cat" coupons for Heinz Homeless Pets Program to: Ellen Thomas; Shirley Moon; and Sharon Berg.
40. Letter dated 10/15/98 from John Kumiski to BCC in opposition to proposed development on Snow Hill Rd., Chuluota.
41. Letter dated 10/2/98 from James A. Lazzara, Scientific Technologies, Inc., to BCC re: profiling vehicle separation sensor for automated toll systems.
42. Copy of letter dated 10/19/98 from Buddy Balagia, CDBG, to Tony VanDerworp, Sanford City Manager, re: funding for community swimming pool and HUD response update.
43. Copy of letter dated 10/19/98 from Huberta Davis, CDBG, to Wayne Longley, Seminole County Housing Authority, re: proposed Strategic Business Plan.
44. Parks/Recreation Contracts, as shown on page __________, for services with Tenesha Curry; Karen Lynne Meeker; and Kenneth Rowland.
45. Central FL Zoological Park quarterly report dated 9/30/98.
46. Letters to BCC in opposition to development within the Wekiva River Protection Area from Melissa Chandler and Peter D’Alessandro. (cc: BCC, CM, DCM, Current Planning)
47. Copy of letter dated 10/20/98 from Sharon Self, SHIP, to Kelly Loll, Purchasing Manager, re: RFP 448-98/BJC, Central FL HANDS.
48. Fax dated 10/20/98 from Greg Manning, Longwood Acting City Administrator, to Chairman Morris re: recommendation to reappoint Commissioner Whitey Eckstein of Sanford to the Seminole County Expressway Authority.
49. Letter dated 10/19/98 from Community Traffic Safety Team to BCC re: announcement of first Mock DUI Crash in Seminole County.
50. Notice of 11/9 and 11/16/98 workshops for FL High Speed Rail Transportation Project.
51. Copy of letter dated 10/14/98 from J. Thomas Beck, FL DCA to Charles H. Hill, FL PSC, re: application for amendment by FL Water Svs. Corp. in Seminole County. (cc: BCC, CM, Lonnie Groot, Dave Schmidt, Dick Boyer)
52. Memo (with attachment) dated 10/21/98 from Lonnie Groot, Deputy County Attorney, to BCC re: The Brechner Report.
53. Copy of memo dated 10/21/98 from Chairman Morris to John Dean Moxley, Jr., Chief Judge, re: Canvassing Board for 11/3/98 election.
54. Memo dated 10/16/98 from Ray Valdes, Tax Collector, to BCC re: commission on collection, 1997 and prior years tax rolls. (cc: BCC, CM, DCM)
55. Copy of letter (with attachment) dated 9/15/98 from Jack Parker, Brevard County Public Safety Director, to Chief Terry Schenk, Fire Rescue, in appreciation of assistance from Seminole County in fighting Brevard County wildfires. (cc: BCC, CM, DCM, Ken Roberts)
56. Notice of 11/5/98 City of Sanford zoning public hearing re: 4249 Orlando Dr. (cc: BCC, CFM, DCM, Current Planning)
57. E-mail dated 10/16/98 from Kathy Moghadas, Seminole Community Mental Health Center Board, to Chairman Morris re: legislative priorities pertaining to funding for detoxification residential and outpatient services. (cc: BCC, CM, DCM, Shelia Beal, David Medley, County Attorney)
58. Letters dated 10/21/98 from Chairman Morris re: invitation to 11/12/98 "Doing Business in Spain" Seminar to: Manny Mencia, Enterprise FL, Inc.; Maria Gracia Moreno, Embassy of Spain Trade Commissioner; Carlos Amat Fernandez, SODENA Spain; Joaquin de la Herran, Embassy of Spain Trade Commissioner; Javier Catalan, CEIN Spain; Jesus Zabalo, SODENA Spain; and Rafael Fermoselle, U.S. Dept. of Commerce-Spain.
59. Letter dated 10/14/98 from D. Ray Eubanks, FL DCA, to Chairman Morris re: Seminole County Evaluation and Appraisal Report, Comprehensive Plan. (cc: BCC, CM, DCM, Frances Chandler, Colleen Rotella)
60. Notice of 10/26/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM, Current Planning, Comprehensive Planning, Engineering)
61. Copy of letter dated 10/19/98 from Chairman Morris to Mark Dillon, Orlando School of High Performance Soccer, re: training in Seminole County of the Bayer Leverkusen, Germany soccer team.
62. Copy of memo dated 10/21/98 from Chairman Morris to Gary Kaiser, County Manager, re: out-of-town trip from 10/22 through 11/2/98.
63. Copy of letter dated 10/19/98 from Frances Chandler, Planning & Development Director, to Frank J. Aquilon re: building inspection procedures.
64. Copy of letter dated 10/20/98 from Gary Schindler, Development Review, to Michael Tubbs, MLT Properties, re: Sawgrass PUD.
65. Letter dated 9/29/98 from Clayton H. Wilder, FL DCA, to BCC re: Juvenile Case Tracking System grant adjustment. (cc: David Medley)
66. Letter received 10/20/98 from John McClung to BCC in opposition to development in Chuluota.
67. Copy of letter dated 10/21/98 from Robert Gebaide, Assistant County Attorney, to Shaw P. Stiller, Esq., FL DCA, re: CRG Realty amendment settlement agreement.
68. Press release dated 10/26/98 from Michael Ertel, Community Information Coordinator, re: 10/27/98 BCC agenda summary.
69. Letter dated 10/18/98 from Gene Lindsey, Bear Lake Preservation Assoc., to Chairman Morris re: "no wake/idle speed" markers placement in Bear Lake. (cc: BCC, CM, DCM, County Attorney, Bob Zaitooni, Sheriff)
70. Fax dated 10/21/98 from Darrell Kelley, Metro-Orlando EDC, to BCC re: EDC year-end results. (cc: BCC, CM, DCM, Bob Turk)
71. Letter dated 10/22/98 from Gene Williford, Oviedo City Manager, to Chairman Morris re: endorsement of re-appointment of Commissioner Whitey Eckstein to Seminole County Expressway Authority. (cc: BCC, CM, DCM, SCEA)
72. Fax dated 10/24/98 from Don Eslinger, Sheriff, to BCC re: invitation to 2nd annual Seminole County Police Athletic League Volunteer Appreciation Event. (cc: BCC, CM, DCM)
DISTRICT COMMISSIONERS’ REPORTS
Sandra Glenn, Executive Director of the East Central Florida Regional Planning Council, addressed the Board to request the Board approve the County’s assessment of $77,625 for membership dues to the Regional Planning Council, as approved by the Board in the budget. A copy of her memorandum to Commissioner Adams was received and filed. The Board briefly discussed the request.
Motion by Commissioner Maloy, seconded by Commissioner McLain, to approve Seminole County’s assessment of $77,625 for membership dues to the East Central Florida Regional Planning Council.
Districts 1, 4, and 5 voted AYE.
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Vice Chairman Adams stated Florida Power Corporation is requesting the Board to reconsider the denial of their appeal regarding a right-of-way permit for Chapman Road.
A copy of the letter to Chairman Morris from Keith A. Hulbert, Florida Power Corporation, was received and filed.
Mr. McMillan advised there is no reconsideration of permits. The Board denied FPC’s request without prejudice which allows them to reapply. He said FPC can reapply immediately and have the process come back before the Board.
Vice Chairman Adams advised Mr. Hulbert he can reapply as soon as he wishes.
Commissioner Maloy requested that all the Board receive a copy of the letter from Florida Power with the appropriate back-up.
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The Board recessed at 4:54 p.m., reconvening at 7:05 p.m., 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.
7:00 P.M. PUBLIC HEARINGS
REZONE/HUGH HARLING
Proofs of publication, as shown on page _______, calling for a public hearing to consider Rezone from R-1 (Single Family) to PCD (Planned Commercial District); property described as a 5.8 acre parcel located east of CR 419, south of Lake Mills Road, Hugh Harling, received and filed.
Ginny Markley, Zoning Coordinator, addressed the Board to state because of the location and nature of the amendment and rezoning, the applications have been tracking the Chuluota Small Area Study. The study was tentatively scheduled to be considered by the Board on October 27. The Harling rezoning was advertised for the October 27 hearing, appearing in the Orlando Sentinel on October 11. Additionally, placards were placed on the property and 300-ft. notices were sent to nearby property owners for the October 27 hearing. Subsequent to the publication of the rezoning ad, the Small Area Study was scheduled for the November 10 Board meeting. The plan amendment advertisement for the October 27 hearing had not been transmitted to the Sentinel at that time and thus was not published. The proposed plan amendment must be adopted before any action may be taken on the rezoning. Staff is recommending that this item be continued to the December 8 meeting.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner McLain to continue to December 8, 1998, at 7:00 p.m., or as soon thereafter as possible, request to Rezone from R-1 (Single Family) to PCD (Planned Commercial District); property described as a 5.8 acre parcel located east of CR 419, south of Lake Mills Road, as described in the proof of publication, Hugh Harling.
Districts 1, 3, 4 and 5 voted AYE.
APPEAL AGAINST BOARD OF
ADJUSTMENT/Keith Napier (Continued)
Continuation of a public hearing to consider an Appeal against the Board of Adjustment in approving for Lenard J. Persin, a Special Exception to permit an 80-foot high amateur radio tower on property described as R-1A, located on the south side of Brookside Circle, approximately ¼ mile south of Tuscarora Trail within the Forest Brook Subdivision, as described in the proof of publication, Keith Napier.
Ms. Markley advised the Board of Adjustment approved the 80-ft. tower subject to installation of a 12-ft. high landscape screen planted in front of the tower to camouflage the base. She stated the Board must make a determination that the request: (1) Is not detrimental to the character of the area or inconsistent with trends of development in the area; (2) Does not have an unduly adverse affect on existing traffic patterns, movements and intensity; and (3) Is consistent with the County’s Comprehensive Plan. In granting any Special Exception, the Board shall find that such grant will not adversely affect the public interest. Based on staff analysis, made prior to all public hearings, staff finds that the tower: (1) Would be detrimental to the character of the area and would not be consistent with the trends of development in the area or neighborhood. The character of the area and trend of development is single-family homes with their customary accessory structures such as utility sheds, pools and pool screen enclosures. The lot sizes in the neighborhood are approximately ¼ acre in size; (2) The 80-ft. high tower would not cause an unduly adverse affect on existing traffic patterns, movement and intensity. There is no additional traffic associated with this use; and (3) The Land Use designation on the County’s Comprehensive Plan is Low Density Residential, which permits amateur radio towers over 35 ft. in height by the granting of a Special Exception. Therefore, staff recommends that the Board of Adjustment’s decision be overturned and to deny the Special Exception. Staff would also recommend that in order to accommodate Mr. Persin and his communication needs, that the Board consider approval of a 35-ft. high tower with a retractable antenna that could be raised to 65 ft. in height at night and during emergency situations.
Upon inquiry by Commissioner Maloy, Ms. Markley advised Mr. Persin’s first request went before the Board of Adjustment prior to the County’s Land Development Code Ordinance being amended. She added Mr. Persin had appealed Mr. Dwyer’s decision to deny his building permit and the Board of Adjustment upheld his decision.
Gary Massey, representing Keith Napier, addressed the Board to submit a notebook (received and filed) containing pictures of towers drawn to scale, tower base and view from neighbor’s home; reasons to grant the appeal; Board of Adjustment inconsistencies; height limitations on amateur radio operator’s equipment; neighborhood opposition; property values/aesthetics; safety issues; property elevation; other existing repeaters; emergency communications; alternatives; petitions and letters from area residents opposing the tower; and minutes of the Forest Brook Homeowners Association 3/9/98 meeting. A letter from Michael Dalton and a copy of the 1998 Repeater Director were received and filed. He stated he feels the Board of Adjustment made an error in their determination to approve another request with certain stipulations. An 80-ft. tower in the middle of a neighborhood is an eyesore. If the Board approves an 80-ft. tower, then they are waving a green flag for every other homeowner wanting one in their yard and these towers will be all over the place. He discussed other existing units that serve the same function; presenting this issue before the Homeowners Association and the Architectural Control Committee; pictures of what the extended tower may look like; and the residents opposing a 35-ft. tower also. He said Mr. Persin can lease space from other tower owners if he wants to pursue his hobby. Mr. Massey continued by stating when Mr. Persin purchased his property, he knew about the low-level elevation, therefore, he could have purchased property at a higher elevation. He discussed the safety issue of children climbing the structure and Mr. Persin taking extra precautionary measures in keeping children off the base, the chance of the tower falling on a neighbor’s home during a major storm, and the tower attracting lightning. He added the Property Appraiser’s office acknowledged that if this tower goes up, they will reassess the properties in the area. He said he would not buy property next to a tower.
Upon inquiry by Commissioner Maloy, Mr. Massey advised private individuals own most of the towers and they are leased to phone companies. He stated when Mr. Persin chose this property, he knew he was wanting to put up a tower, therefore, why didn’t he choose property that was more appropriate. Discussion ensued.
Keith Napier, appellant, addressed the Board to state there is no need for another repeater as this tower has not been in service for the past three years. He asked who would be there at night to lower the tower. There are plenty of states which require camouflage of towers. He stated the residents are not trying to deny Mr. Persin the right of being an amateur radio operator.
Upon inquiry by Commissioner McLain, Mr. Napier advised he would have no objection to Mr. Persin moving the tower to his back yard.
Upon further inquiry by Commissioner McLain, Ms. Markley advised there has never been any discussions relative to anticlimbing devices. Whereupon, Commissioner McLain stated that is an issue they need to discuss.
Betty Noyes, 569 Forest Glen Court, addressed the Board to state she has been a property appraiser for 35 years and she doesn’t see how this will not have a detrimental affect on the neighborhood. She said there is some market hesitancy to buying in the areas that have towers. She stated the neighbors are here to protect their property values.
Ms. Noyes discussed with Commissioner McLain Mr. Persin’s requirement of keeping his gate closed at all times to keep children from climbing the base. Discussion ensued with regard to another tower and the problems with same.
Upon inquiry by Commissioner McLain, Mr. Dwyer advised part of that property has been annexed into the City of Casselberry and is no longer in the County. Commissioner McLain requested staff to contact the City of Casselberry relative to the code violation.
Commissioner Van Der Weide stated he would like to know what constitutes an emergency. Whereupon, Commissioner McLain stated the County would have to declare an emergency.
Gary Kaiser, County Manager, advised the County has a good relationship with the amateur radio operators and they have repeaters on the 5 Points, Altamonte Springs and Geneva towers. Those repeaters are available all the time.
Ms. Noyes discussed the issue of the tower falling in a neighbor’s yard, assurance of Mr. Persin having liability insurance, and FCC regulations.
Mary Munster, 520 Brookside Circle, addressed the Board to state she lives three houses down from Mr. Persin. She stated the tower is very ugly and is very close to the street. This tower is definitely undesirable and she does not want it. Everyone living near her feels the same way as she does.
Hunt Emory, 755 Woodside Rd., addressed the Board to state he represents the Forest Brook Subdivision. He stated he doesn’t believe the applicant has explored all of the avenues available to him and he should have done that first. The County allows structures up to 35 ft. and that is an option you have to go up to. He said he feels that Mr. Persin should have applied to the Homeowners Association and the Architectural Control Committee to see whether he should have the tower on his property. Discussion ensued relative to deed restrictions.
Bill Traexler, 521 Brookside Circle, addressed the Board to state he owns property across the street from this structure.
Commissioner Maloy left the meeting at this time.
Mr. Traexler stated the closest repeaters are less than one mile and a half from Mr. Persin’s house. He stated he doesn’t think the wind could blow this tower down. However, the first thing that happens in a hurricane is that trees are knocked down which causes all the power lines to fall. There are trees on the subject property. The gates to this property are never closed. He stated he objects to a 65-ft. tower and if it goes up, it might as well be permanent.
Commissioner Maloy reentered the meeting at this time.
Mr. Traexler stated he finds the 8-ft. base objectionable as it is directly in front of his front door. BellSouth owns a tower in Altamonte Springs and it would give Mr. Persin double the height. He added he feels the tower should be placed in the center of Mr. Persin’s yard.
Mr. Dwyer and Ms. Markley discussed with Commissioner McLain the issue of Mr. Persin applying for a permit to renovate his home and the slab for the tower was included in the plans.
Caren Napier, 500 Brookside, addressed the Board to state she lives next door and she spoke to a gentleman from Bithlow Towers and he has indicated that if the tower is 80 ft., it would need guidelines. If that were the case, then, he would have guidelines going on his property and her property. She said her son climbed the tower base to get to a tree frog. She stated she feels there are a lot of safety issues that needs to be discussed.
Ann O’Leary, 560 Brookside Circle, addressed the Board to state she is President of the Forest Brook Homeowners Association and they are very much against the tower. She stated she has been in real estate for 16 years and wherever there are overhead wires, that will bring down the value of your home and the frequency of those wires are not good for your health.
Margaret Zeh, 567 Brookwood Lane, addressed the Board to state one of the amenities in purchasing their homes was the lack of overhead wires.
Upon inquiry by Commissioner McLain, Ms. Markley advised under the standards, staff did not take into consideration the fact that there are underground utility wires in this subdivision.
Harry Candela, 535 Brookside Circle, addressed the Board to state Florida is the lightning capital of the world and this tower could very easily be struck by lightning.
Vice Chairman Adams advised towers are usually grounded.
Vice Chairman Adams read written comments from Norwood Nutting; Donald Colvin; Mike Welch; David Flagg; Lee Nicholas; and Timothy C. Lancer.
Upon inquiry by Vice Chairman Adams, Timothy Lancer, 1209 Thunder Trail, addressed the Board to speak in support of the tower.
Sherwood Weisman, 514 Balsawood Ct., addressed the Board to state he has been an amateur radio operator for over 35 years and he has used Mr. Persin’s radio repeater for 10 years for local and distant communications. He said he and other amateur operators can operate the radios located at Mr. Persin’s residence with a handheld unit, and they are able to do this because of the antenna height. The operators will not be able to have effective radio communication if Mr. Persin’s requested height is not approved.
Upon inquiry by Commissioner McLain, Mr. Weisman advised he has a 35-ft. tower that is attached to his house. The nearest home to his tower is right next door maybe 20 ft. He said he used Mr. Persin’s repeater when he lived in Orlando.
Lenard Persin, 501 Brookside Circle, addressed the Board to submit a notebook (received and filed) consisting of Letters from Mr. Persin, Seminole County and old neighborhood residents; ARRL Repeater Directory, Antenna Height Calculations; Land survey, tower plan, and tower engineering approved drawings; FCC letters and PRB-1 ruling (chronological listing of landmark cases, articles about cases and actual case rulings). He referred to PRB-1 ruling and discussed the mandates.
At the request of Commissioner McLain, Mr. Persin explained how he meets Standards #1 and #2 for granting special exceptions. He referred to and read Section 166.0435 of the Florida Statute relative to amateur radio antennas and construction in conformance with Federal requirements.
Mr. Persin continued by reading a portion of a letter from the Florida Repeater Council, Inc., relative to Mr. Persin’s amateur repeater features. At the request of Commissioner McLain, he discussed the safety issue and the anticlimb device.
Upon inquiry by Commissioner McLain, Mr. Persin advised the location of the tower was chosen with great care. He referred to the plat of survey in the notebook and advised he feels that the location chosen would be the least intrusive.
Commissioner Van Der Weide stated the survey clearly indicates that the tower base is visible to the neighbors across the street. He stated he feels that Mr. Persin should move the base to the rear yard and then have a tower that is collapsible with an anticlimb device as well as a controlled fall.
Mr. Persin submitted a Petition, as shown on page ________, from 30 residents supporting the tower. He stated once the residents took the time to listen and learn the facts, they were in support of the tower.
Upon inquiry by Commissioner Van Der Weide, Mr. Persin advised he does not feel he should be required to move the base as it has cost $1,800. He further advised engineers do not allow towers to be attached to homes.
He referred to and read certain sections of the letters from his previous residents supporting the tower.
No one else spoke in support or in opposition.
Speaker and Written Comment Forms were received and filed.
Commissioner McLain stated it is important to him that the standards for granting special exceptions are met. He stated staff has indicated that underground utilities were not considered. He added ham radio operators have rights, but staff indicated that there are other remedies that would allow him to operate and pursue his endeavors without having an 80-ft. tower. He stated he doesn’t feel that Mr. Persin has met the test in granting a special exception. One of the major reasons is the underground utilities in the subdivision. He said the code allows him to have a 35 tower and he just cannot see granting a special exception in this case.
Commissioner Van Der Weide stated he would have to agree with Commissioner McLain. He stated he can understand why people would be concerned, and taking everything into consideration, he does not see a hardship.
Commissioner Maloy stated the one thing that stuck out in his mind was the issue of surrounding property values. He stated he does feel that the property values would decline and it is detrimental to the character of the area.
Commissioner Adams stated he would also have to agree that this does not meet the test for granting a special exception.
Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to overturn the Board of Adjustment, thereby, denying a Special Exception to permit an 80-foot high amateur radio tower on property described as R-1A, located on the south side of Brookside Circle, approximately ¼ mile south of Tuscarora Trail within the Forest Brook Subdivision, as described in the proof of publication, Keith Napier.
Districts 1, 3, 4 and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Adams advised at the Regional Planning Council meeting, a letter from Orange County, newsletter of Partners in Progress and an Ordinance from Orange County (all received and filed) relative to commercial design standards were submitted for discussion. He stated he feels the Board should consider scheduling a work session at a later date with regard to same.
Mr. Dwyer stated he received the Collier County information about a month ago. He stated staff has obtained a tape of the Orange County meeting relative to this issue and they will be reviewing that. He stated staff feels that Collier County should speak before the Board regarding this issue.
Commissioner Maloy stated he feels that any change to the Land Development Code should go through the Development Advisory Board.
Mr. Dwyer stated staff is in the middle of reviewing this with the Development Advisory Board and they will be coming to the Board the latter part of November.
Commissioner McLain left the meeting at this time.
Commissioner Adams stated while staff is reviewing that, one of the concerns he has is when you go down the road in commercial districts, you cannot read the street numbers from the road and it is time that something be done about that.
Mr. Dwyer stated that might be a code enforcement issue. He stated the Addressing Ordinance requires a certain size of street addresses, which must be posted in plain view; and staff can look into that.
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Commissioner Adams advised the Board that Ken Wright has resigned from the Seminole County Port Authority. At the request of Dennis Dolgner, he would like to appoint Mike Good to said Board.
Commissioner Van Der Weide stated the Board is just one meeting away from a new commissioner coming on board and he would have to go against Commissioner Adams’ request.
Commissioner Maloy stated he would have to go along with Commissioner Van Der Weide.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:15 p.m., this same date.
ATTEST_____________________Clerk_______________________Chairman
slm/cc/er