BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

FEBRUARY 13, 2001

The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, February 13, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Dick Van Der Weide (District 3)

Vice Chairman Randy Morris (District 2)

Commissioner Grant Maloy (District 1)

Commissioner Carlton Henley (District 4)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Eva Roach

Chaplain Charles Pitroff, Good News Jail & Prison Ministries gave the Invocation.

Commissioner Henley led the Pledge of Allegiance.

AWARDS & PRESENTATIONS

Dennis Dolgner, Seminole County Port Authority, addressed the Board to present a plaque to Commissioner Morris for his services to the Seminole County Port Authority.

Mr. Dolgner presented the plaque to Commissioner Morris who briefly expressed his appreciation. He stated he would like to congratulate the Port Authority for all the work they do.

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Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2001-R-22, as shown on page ________, proclaiming the week of February 25 – March 3,

2001 as "John E. Polk Correctional Facility Jail Chaplain Appreciation Week" in Seminole County.

Commissioner McLain presented the Resolution to Chaplain Pitroff who expressed appreciation for the award. He invited the Board members to attend the banquet that will be held on Friday, March 2, 2001 at 6:30 p.m., at the Sanford Civic Center.

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

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Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt appropriate Resolution #2001-R-24, as shown on page _________, proclaiming the week of February 18 – 24, 2001, as "National Engineers Week" in Seminole County.

The Resolution was presented to Deputy County Manager, Jim Marino, who briefly expressed his appreciation. He introduced Mike Mullins, University of Central Florida, to speak on the Engineering/Environmental partnership between Seminole County and the University of Central Florida. He stated he would like to invite two of his students to tell the Board a little more about the project.

Trisha Vanesovich and Tiesha Mungan (phonetic) addressed the Board to express what they have learned through this program and what to expect after graduation.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #2001-R-23, as shown on page _________, proclaiming the month of February as "Library Appreciation Month" in Seminole County.

Commissioner Morris presented the Resolution to Jane Peterson who expressed her appreciation. She introduced Richard Gardiner, Northwest Branch Library Manager; Janean Campanaro, North Branch Library Manager; and Christine Patton, Central Branch Library Manager.

COUNTY ATTORNEY’S REPORT

LEGISLATIVE UPDATE

Stephen Lee, Assistant County Attorney and Frances Chandler, Deputy County Manager, addressed the Board to review Legislative items. Mr. Lee stated the first item is the Communication Services Tax Simplification Act in which Collier County is asking the Board to support their effort in opposing this item. He said Collier County has filed a lawsuit to challenge this statute and they would like Seminole County’s support in joining them in opposing same. He stated Collier County has sent a letter to Seminole County stating their reasons for opposing this bill.

Chairman Van Der Weide stated Commissioner McLain represents Seminole County on the Florida Association of Counties (FAC) as well as Commissioner Morris. He stated they may have an insight view of this issue.

Commissioner Morris stated FAC and the Florida League of Cities are trying to come up with some type of compromise. The Board may want to review this to see what the FAC recommendations will be.

Commissioner Henley stated he feels that might be more appropriate after he sees what the Legislature does to it. He said he would support the County joining in the lobbying efforts, but he feels that joining in the lawsuit is a little premature.

Commissioner McLain stated he feels it would be foolhardy at this time to join in the lawsuit before they have an opportunity to discuss the lobbying effort with their Legislative Delegate (Mr. Brantley) in Tallahassee.

Chairman Van Der Weide stated he doesn’t hear any willingness to move forward with this, as it seems to be premature.

Commissioner Henley stated he feels it is important that once they establish their position, Commissioners Morris and McLain can voice their opinions to the chambers, the more they can educate the public and obtain support, the more successful it might be.

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Frances Chandler, Deputy County Manager, reviewed funding for the Transportation Disadvantaged Trust Fund. She stated the Seminole County Disability Advisory Council is requesting the County to support House Bill 79 and Senate Bill 256 relating to this.

Chairman Van Der Weide stated this is part of the Metro Plan that they utilize for Federal funding and the request for transportation for the disadvantage has grown considerably. He stated he knows that the MPO will be supporting this.

Commissioner Maloy stated there have been serious problems with Lynx transportation and the Lynx Board is looking at many changes to that program.

Upon inquiry by Chairman Van Der Weide, Ms. Chandler advised the Disability Advisory Council would like the Chairman to send a letter in support of this bill. She stated Russ White, Chairman of the Disability Advisory Council (DAC) and Doreen Kurt are here to answer any questions.

Russ White, Disability Advisory Council Chairman, addressed the Board to state Chris Drummond is an example of leadership in the community. He stated Mr. Drummond is disabled and is a graduate of the Swop Program in Casselberry. He said Mr. Drummond knows more than anyone else about the great needs of those who are disabled in Seminole County. There are three great needs for the disabled and those are housing, transportation, education and employment. He added he supports this bill to get the extra help for the disabled.

Chris Drummond addressed the Board to state transportation for the disabled is direly needed in Seminole County. He stated he is one of the disabled that use Lynx transportation and sometimes it is very, very late. He added a couple of weeks ago he was left stranded waiting for the transportation service and he had to catch a ride with his boss. He said the Disability Advisory Council is working on this project, as it is really needed.

Commissioner Henley stated the Board recognizes various people by presenting them with resolutions, but he does not recall recognizing employers in the community for hiring disabled people. He stated he would suggest looking into this to see if that can be done on a periodic basis. He added he feels the transportation problem is an area that needs to be looked into.

Commissioner McLain stated the Board might want to ask the County Attorney to bring forward people, organizations and companies that have been supportive in assisting the disabled community in Seminole County on an as-needed basis and provide them to staff for consideration.

The consensus of the Board is to send a letter, as shown on page _____, in support of the Transportation Disadvantaged fund.

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Mr. Lee briefly reviewed the issue of the Growth Management Reform. He stated this issue is just for information only and no action is needed.

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Mr. Lee reviewed the Historic Preservation Grants-in-Aid 2001 Special Category Grant. He stated the Governor’s budget does not include funding for this and staff is requesting the Board to authorize them to ask the lobbyist to have money appropriated for this during the Legislative session.

The consensus of the Board is to authorize staff to instruct the lobbyist to include this in their package of issues that will be addressed to the Delegation.

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Mr. Lee stated relative to the Juvenile Justice budget, the Governor is anticipating shifting $84 million from the State to the counties, and with the possible requirement for new voting machines, many counties are concerned that they are going to have financial requirements imposed upon them with no funding source. There is concern from the counties that ad valorem taxes may be increased.

INFORMATION ITEMS

Robert McMillan, County Attorney, addressed the Board to state the Board will hear the two Oxford Outdoor Advertising BOA appeals during this afternoon’s meeting. He stated since the last meeting, the attorneys for Oxford have filed a Notice of Objection to Ex parte communications and they are requesting that each Board member disclose any conversations with staff or anyone else relative to this issue. He stated he has not talked to any Board member, but he has talked to the Planning staff involved in this. He said if a Board member has discussed this issue with a staff member, they may want to disclose it.

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Mr. McMillan stated the Circuit Court has ruled on the apartment PUD rezoning near UCF. He stated the court has overturned the issue and remanded it for a new public hearing. Staff will be bringing that back at the next meeting with their recommendations as to what to do about it.

COUNTY MANAGER’S REPORT

CONSENT AGENDA

Kevin Grace, County Manager, addressed the Board to advise that there is a correction to Item #20, Authorize scheduling a public hearing for the Genova Drive Water Distribution Service MSBU. He stated it shows District 1 as the district commissioner and it should be District 5.

Chairman Van Der Weide stated he has a Speaker Request Form (received and filed) for Item #31, Sale of County owned Surplus Property. He stated this is not a public hearing and that person will be unable to speak.

Commissioner McLain stated he would like to state his objection to Item #7, BCR #01-35.

Mr. Grace explained for Commissioner McLain what the ice machines are used for re: Item #10, BCR #01-40.

Upon inquiry by Commissioner Henley, Penny Fleming, Sheriff’s Office, addressed the Board to advise the grant money for this item was placed in the General Fund.

Discussion ensued between the Board and staff relative to Item #15, BCR #01-45, Upgrade of vehicles to meet FDOT specifications.

Chairman Van Der Weide suggested pulling this item and bringing it back at a future date. He stated the more discussion there is on this, the more confused he is. He said he feels staff needs to give them more explanation on this item.

Mr. Grace stated staff will bring back Item #15 at the next meeting.

Ray Hooper, Purchasing Manager, and Betsy Cohen addressed the Board to explain for Commissioner Henley why staff is requesting an extension for Item #23, HVAC Maintenance & Repair Agreement, when staff knew when the expiration date was.

The Board discussed with Mr. Hooper Item #29, A/B-3009-01, Demolition and Boarding up of Structures.

Chairman Van Der Weide recommended that the Board be briefed on the Consent Agenda items before the meeting or request to have an item pulled. He stated he feels uncomfortable going through this item to this degree when a Commissioner can receive additional information before the meeting. These issues could be addressed between now and the 1:30 meeting or they can request that this item be pulled if they are not satisfied with the answers.

Commissioner Morris requested that Item #29 be pulled from the agenda.

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

Fiscal Services

Administration

5. Approve and authorize Chairman to execute Adult Drug Court Implementation Grant Application, as shown on page _________, and related documents, which will allow the 18th Judicial Circuit – Court Administration Unit to compete for $500,000 from the U.S. Department of Justice, Drug Court Program Office, Office of Justice Programs.

6. Approve and authorize Chairman to execute the Library and Leisure Services Fee Resolution #2001-R-25, as shown on page _________.

Budget

7. BCR #01/35 - $2,900,000 – Administrative Services –Space/Courthouse: Fund 30600 – Infrastructure Improvement Operating Fund. Accounting adjustment only. Transfer is required to move budgeted funds to proper account line.

8. BCR #01/38 – $8,718 – Judicial – Circuit: Fund 00100 – General Fund. Accounting adjustment only. Transfer is required to move budgeted funds for workstations to the proper account line.

9. BCR #01/39 - $363,832 – Planning: Fund 11500 – Infrastructure Tax Fund. Accounting adjustment only. Transfer is required to move budgeted funds for Lynx capital to proper account line as requested by County Finance

10. BCR #01/40 – Capital Redesignation – Environmental Services – Solid Waste: Fund 40201 – Solid Waste Fund. Capital designation only, to purchase two (2) ice machines at a total of $8,610. Purchased machines will replace currently leased machines, resulting in a net savings of $5,100 over five years.

11. BCR #01/41 – $65,180 – Sheriff’s Office – Fund 00100: General Fund. Request a transfer of grant funds from personal services (insurance) account lines to the operating budget for use in the Children Protective Services Program.

12. BCR #01/42 – $50,000 – Fiscal Services – MSBU – Fund: 16011 – Chula Vista Debt Service. Request transfer from reserves for Southtrust Bank line of credit payment on the Chula Vista MSBU debt service.

13. BCR #01/43 – $1,775 – Environmental Services – Water and Wastewater – Fund: 40100 – Water & Sewer. Accounting adjustment only. Transfer is required to move budgeted funds to proper account line for work unit.

14. BCR #01/44 - $115,310 – Environmental Services – Water and Wastewater – Fund: 40100 – Water & Sewer. Accounting adjustment only. Transfer is required to move budgeted funds to proper account line as requested by County Finance.

15. Pulled from the agenda BCR #01/45 – $85,800 – Environmental Services – Water and Wastewater – Fund: 40100 – Water & Sewer. Transfer from reserves is requested to increase budgeted amounts of four (4) vehicles. Based on Fleet Services recommendations, vehicles must be upgraded to meet gross weight limit of FDOT specifications for towing generators.

16. BCR #01/46 – $28,839 – Public Works – Engineering – Fund: 00100 – General Fund. Additional funds are needed for the Longwood/Lake Mary Road Sidewalk project for miscellaneous items including drainage, a driveway and a handrail. Savings are available in the project’s land account line.

17. BCR #01/47 - $1,048 – Information Technologies – Information Services – Fund: 10101 – Transportation Trust Fund. Transfer is required to move budgeted funds to proper account line. Items were purchased last fiscal year but invoiced in current year.

18. BCR #01/48 - $117,858 – Library & Leisure Services – Parks & Recreation – Fund: 00104 – Boating Improvement Fund. Accounting adjustment only. Transfer is required to move budgeted funds to proper account line for boat ramps.

19. Adoption of appropriate Budget Amendment Resolution #2001-R-26, as shown on page _________, $50,000 – Public Works: Fund 10101 – Transportation Fund. Based on a contract between Seminole County and the Office of Greenways and Trails, approved by the Board of County Commissioners on January 9, 2001, the Office of Greenways and Trails will distribute a grant reimbursement of $50,000 to the County for trail construction within the Cross-Seminole Trail Corridor.

MSBU

20. Authorization to schedule and advertise a public hearing on March 13, 2001 to consider an amendment to an Ordinance for the Genova Drive Water Distribution Service MSBU.

Purchasing

21. Award FC-1135-00/BJC, as shown on page ________, C.R. 46-A – Phase II, to Southland Construction, Inc., Apopka ($6,101,820.66).

22. Approve Change Order #1, as shown on page ________, to FC-1128-00/BJC – Midway Community Center Repairs, with R. L. Haines, Orlando ($977.00) (Time Extension).

23. Approve Amendment #13, as shown on page _________, to FC-317-95/BJC – HVAC Maintenance and Repair Agreement, with Carrier Corporation, Orlando ($179,226.30) (April 1, 2001 – June 30, 2001).

24. Approve ranking list for PS-577-00/BJC, Construction Engineering and Inspection Services for Dodd Road, and authorize staff to negotiate an Agreement, as shown on page _________, with HDR Engineering, Inc.

25. Approve ranking list for PS-578-00/BJC, Construction Engineering and Inspection Services for Lake Mary Boulevard/Silver Lake Boulevard Phase III and East Lake Mary Boulevard/Silver Lake Drive Extension Segment I, and authorize staff to negotiate an Agreement, as shown on page _________, with AB/WCG – Joint Venture, Maitland.

26. Approve ranking list for PS-579-00/BJC, Construction Engineering and Inspection Services for C.R. 419 – Phases I and II, and authorize staff to negotiate an Agreement as shown on page ________, with Reynolds Smith & Hill, Inc., Plantation.

27. Approve Amendment #1, as shown on page _________, to PS-556-00/BJC – Electrical Engineering Services for the design, programming, repair, maintenance, support, panel construction and installation services of Controls and Telemetry Systems, with DCR Engineering Services, Inc., Mulberry ($750,000.00).

28. Approve Amendment #1, as shown on page ________, to PS-571-00/BJC – Conceptual Feasibility Study for the Intersection of S.R. 436 and Red Bug Lake Road, with Kittelson & Associates, Inc., Orlando (Change in Contract Language).

29. Pulled from the agenda request to Award A/B-3009-01/GG – Demolition and Boarding Up of Structures, to Global Demolition & Recycling, Inc., Orlando (Primary) and H. B. Walker, Inc., Orlando (Secondary) (Not-to-exceed $320,000.00 for a two (2) year period).

30. Approve Sole Source Procurement, waive the bid process and authorize the issuance of a Purchase Order for Boat Ramp Replacement at Lake Monroe Wayside Park, to Randall G. Tedder Construction, Inc., Ocala ($98,000.00).

31. Approve and Award Bid #259A-00/CI, as shown on page ________, Sale of County owned Surplus Property, 164 Sultana Lane, Maitland to Mr. Thomas Fuller ($6,200.00).

Library & Leisure Services

Parks & Recreation

32. Approve and authorize Chairman to execute renewal of Lease Agreement and Special Priority Use Agreement, as shown on page _________, with Seminole Softball Club, Inc. for the rights to the facilities at Soldier’s Creek Park.

Planning & Development

Administration

33. Approve and authorize Chairman to execute Satisfaction of Mortgage, as shown on page ________, for John C. and Joanna L. Meloche in the amount of $3,500 for down payment assistance under the SHIP Program’s Home Ownership Assistance Program.

Development Review

34. Adopt appropriate Resolution #2001-R-27, as shown on page __________, accepting Warranty Deed, as shown on page __________, and authorize cancellation of property taxes for land donated by Westlake Plantation LC, as right-of-way on Pineway Avenue and Sanford Avenue, Sanford.

Public Works

Engineering

35. Adopt appropriate Resolution #2001-R-28, as shown on page _________, and authorize Chairman to execute a Subordination of County Right-of-Way Interests, as shown on page _________, Seminole County to the State of Florida Department of Transportation (FDOT Parcel No. 171.2R) subordinating the County’s interest in property necessary to construct or improve State Road 434 (Alafaya Trail) from McCulloch Road to Mitchell Hammock Road.

36. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page _________, between Seminole County and the City of Lake Mary to provide for design and construction of road landscaping enhancements on Lake Mary Boulevard from Lake Emma Road to Country Club Road.

37. Adopt First Supplemental Resolution of Necessity #2001-R-29, as shown on page _________, relating to Airport Boulevard, Phase II, from U. S. Highway 17/92 to County Road 46A (9 Parcels; 7 Fee Simple and 2 Temporary Construction Easements).

38. Adopt Resolution of Necessity #2001-R-30, as shown on page _________, relating to County Road 46A, Phase III, Road Improvement Project from Ridge Drive to C.S.X. Railroad (13 Parcels; 8 Fee Simple and 5 Temporary Construction Easements).

39. Adopt Resolution of Necessity #2001-R-31, as shown on page _________, relating to Wymore Road Improvement Project from Orange County Line to State Road 436 (58 Parcels, 33 Fee Simple, 17 Temporary Construction Easements and 9 Permanent Easements). Note: Exhibit "A" 000027 contains 2 parcels.

40. Approve and authorize Chairman to execute Agreement to Acquire and adopt Resolution #2001-R-32, as shown on page _________, accepting the Quit-Claim Deed, as shown on page _________, from Edward A. Mobsby, Jr., and Faith E. Mobsby to Seminole County for property necessary for roadway improvements to Lake Cochran Road, a/k/a Cochran Road.

41. Approve and authorize Chairman to execute Agreement to Acquire, as shown on page ________, from Nelson Blackmore, a/k/a George Nelson Blackmore and Brock T. Blackmore to Seminole County for property necessary for roadway improvements to Lake Cochran Road, a/k/a Cochran Road.

Traffic Engineering

42. Approve and authorize Chairman to execute the Traffic Signal Installation Agreement, as shown on page _________, between Technology Park at Lake Mary Owner’s Association and Seminole County for a traffic signal at the intersection of Lake Emma Road and Technology Park/Secret Harbor Lane.

Tourism Development

43. Approve and authorize Chairman to execute X-treme Challenge Adventure Racing Agreement, as shown on page _________, between Seminole County and Allen Enterprises of Central Florida, Inc. ($25,000.00).

44. Approve and authorize Chairman to execute the 15th Annual Paralyzed Veterans Association U.S. Open Bass Tournament Agreement, as shown on page _________, to be held in April 2001 on Lake Monroe, Sanford ($8,000.00).

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

CONSTITUTIONAL OFFICERS REPORTS

CLERK’S REPORT

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

1. Expenditure Approval Lists, as shown on page _________, dated January 16 & 23, 2001; and Payroll Approval List, as shown on page ________, dated January 18, 2001.

2. Chairman to execute Satisfaction of Judgment/Bail Bond Lien for Maria Cruz and Seneca Ins. Co. - $1,038.

3. Chairman to execute the following Satisfactions of Judgment/Code Enforcement Liens:

Stephen Wintes, #95-71-CEB - $276

Frank Trombley, #91-42-CEB - $1,790

4. Chairman to execute Satisfaction of Judgment/Court Costs for Robby Trathen, #93002476CFA - $280.

5. Approval of Official Minutes dated January 9, 2001.

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

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

1. Work Order #1, as shown on page ________, to RFP-489-00, Appraisal Services Master Agreement.

2. Permanent Drainage Easement, as shown on page ________, to Seminole County from John and Audrey Taylor.

3. Development Orders, as shown on page ________, as follows: All Seasons Assisted Living Facility, Inc.; Magnolia Plantation Golf Club; and Keewin Real Property Company rezoning.

4. Work Order #1, as shown on page ________, to PS-551-00, Consultant Services Agreement.

5. County Deed, as shown on page _________, to SunTrust Bank regarding Markham Douglas Road.

6. Relocation Services Agreement M-208-00, as shown on page ________.

7. Work Order #2, as shown on page ________, to PS-544-99, Consultant Services Agreement.

8. First Amendment, as shown on page ________, to Work Order #13 to PS-520-98, Traffic Operations Study Agreement.

9. Maintenance Bonds, as shown on page ________, for the following: Aloma Woods Phase 8 for water and sewer in the amount of $25,511; Magnolia Plantation Phase 1 for water and sewer in the amount of $406,094; Hidden Cove for water and sewer in the amount of $10,509.16; Hidden Cove for a private road in the amount of $33,761.86; Plantation Lakes for paving, curbs, and signalization in the amount of $9,315.75; Canal Street Station (Eckerd’s) for streets, curbs, and storm drains in the amount of $6,600; Carisbrooke for a private road in the amount of $44,868; Carisbrooke for water and sewer in the amount of $8,734; Boulevard Plaza for streets, curbs, and storm drains in the amount of $17,500; The Cove Phase 2 and Letter of Credit for water and sewer in the amount of $11,166.40; The Cove Phase 2 and Letter of Credit for a private road in the amount of $30,104.39.

10. Utility Agreements, as shown on page ________, for Duke-Weeks Realty Corporation and Richard and Eileen Oswald.

11. Letters of acceptance and Bills of Sale, as shown on page ________, for Carisbrooke, Hidden Cove, and Magnolia Plantation Phase 1.

12. Satisfactions of Connection Fees, as shown on page ________, for Berington Club Phase 3 and Craftwork.

13. Construction Contract Agreement M-199-00, as shown on page _________.

14. Maintenance Bonds, as shown on page _________, for the following: Alaqua Lakes Phase VI for water and sewer in the amount of $11,951; Alaqua Lakes Phase VI for a private road in the amount of $26,744; Winn Dixie at McCulloch Road for streets, curbs, and storm drains in the amount of $4,021.30; Markham Oaks West (and Maintenance Agreement) for water and sewer in the amount of $985; Chase Townhomes Phase 1 for water and sewer in the amount of $37,963.

15. Schedule No. 108, as shown on page ________, to Master Lease Agreement with ePlus Group, Inc.

16. QuitClaim Deed, as shown on page ________, to Seminole County from General Homes Corporation regarding Longwood/Lake Mary Road Sidewalk project.

17. Bids as follows: RFP-4102-00; PS-581-01; FC-1140-00; A/B-3010-01; A/B-3009-01; A/B-394-00; A/B-3008; FC-1141-01; #259-A-00; #258-00; RFP-410401; and FC-1125-00.

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

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The Chairman recessed the meeting at 10:44 a.m., reconvening at 10:55 a.m.

REGULAR AGENDA

Mr. Grace recommended continuing request to accept Old Grove Lane into the County Maintained Road System to the February 27, 2001 meeting, as there are a few issues that need to be resolved.

Motion by Commissioner Henley, seconded by Commissioner Maloy to continue to February 27, 2001 request to accept Old Grove Lane into the County Maintained Road System.

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

PUBLIC HEARINGS

Mr. Grace stated the applicant for Item #60, Rezone to OP, Duke-Weeks Realty Corp. is requesting that this item be continued to February 27, 2001 and he would like to get direction from the Board.

District Commissioner McLain stated he has no objections to the continuance. The consensus of the Board was to notify all parties involved of the continuance.

Motion by Commissioner McLain, seconded by Commissioner Morris to continue to February 27, 2001 at 7:00 p.m., or as soon thereafter as possible; request to Rezone from A-1 (Agriculture) to OP (Office Professional); property described as a 34-acre parcel of land, located north of Wilson Road, on the west side of International Parkway, as described in the proof of publication, Duke-Weeks Realty Corp.

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

REGULAR AGENDA (Continued)

Ray Hooper presented request to authorize advertising and scheduling a public hearing on February 27, 2001 to consider an Ordinance amending the Purchasing Code (Chapter 220); adopt Resolution creating a new section under Chapter 300 of the Administrative Code; and to establish the Internal Procedures of Purchasing. He reviewed the purpose of amending the Purchasing Manual and the three parts of the manual, as outlined in the agenda memorandum.

Motion by Commissioner McLain to authorize advertising and scheduling a public hearing on February 27, 2001 to consider an Ordinance amending the Purchasing Code (Chapter 220); adopt Resolution creating a new section under Chapter 300 of the Administrative Code; and to establish the Internal Procedures of Purchasing.

Chairman Van Der Weide surrendered the gavel to Vice Chairman Morris for the purpose of seconding the motion.

Districts 1, 3, and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

The gavel was returned to Commissioner Van Der Weide who assumed the position of Chairman.

Commissioner McLain stated since there were two negative votes, he is wondering if there is a problem with this item that he is not aware of. He stated he doesn’t want to have a public hearing if it is not necessary.

Commissioner Morris stated the Board has a right not to take an issue to public hearing and has done it frequently per staff’s recommendations and that was his purpose for not voting for it.

Commissioner Henley stated there are some things that he does not agree with and he would prefer having a work session to discuss this issue further. He stated he feels there should be a few more safeguards in it as this is quite an extensive thing to open up. He said he will continue to address his concerns with staff and the County Manager.

Chairman Van Der Weide stated anytime a Board member would like to have a work session on any issue, it would take a majority vote of this Board to direct staff to schedule one.

Commissioner McLain stated he doesn’t want to go into a public hearing and be blind-sided by a bunch of items in which a work session should have been scheduled for. He stated if he knew that two commissioners felt it was inappropriate to move forward on this on February 27 and a work session is needed, he wouldn’t have supported it.

Motion by Commissioner McLain to deny the request to authorize advertising and scheduling a public hearing on February 27, 2001 to consider an Ordinance amending the Purchasing Code; adopt Resolution creating a new section under Chapter 300 of the Administrative Code; and to establish the Internal Procedures of Purchasing; and authorize scheduling a work session to discuss all of the concerns relative to the Purchasing Manual Amendment.

Chairman Van Der Weide passed the gavel to Vice Chairman Morris for the purpose of seconding the motion.

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

The gavel was returned to Commissioner Van Der Weide and he assumed the position of Chairman.

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Matt West, Planning Manager, addressed the Board to present request to adopt a proposed Resolution implementing procedures and fees for the release of conservation easements. He reviewed the background of the proposed request as outlined in the agenda memorandum. He submitted a revised Resolution and advised this resolution has two stringent criteria that would be evaluated for potential applications. One is, for years, the County had a standard drainage and water conservation easement form and when staff requested a drainage easement, a lot of the applicants and property owners would fill out this form, and the intent was not to get a conservation easement, but a drainage easement. Staff would research the file and project to determine what were the conditions of the approval. The second criteria staff would look at is whether or not there was some kind of error created by the surveyor. A fee of $700 has been established to pay for advertising requirements and if the application was not applicable for this process, $500 of the application fee would be refunded to the applicant. The portion of the resolution that changed is under proof of ownership on page 2, there used to be a requirement that the applicant provide a certificate of title. He stated the County Attorney’s office felt that was unnecessary, burdensome and costly and that sentence was deleted. However, they still would have to provide an affidavit of authority authorizing the applicant to seek approval for release.

Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-33, as shown on page ________, implementing procedures and fees for the release of conservation easements.

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

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Mr. Hooper presented request to select the most advantageous type of Request for Qualifications and Agreement for Owner’s Representative Services for the New Seminole County Criminal Justice Center and the renovation of the existing Courthouse. He reviewed the evaluation criteria as outlined in the agenda memorandum.

Jamie Croteau, Administrative Services Director, addressed the Board to explain for Commissioner McLain how they identified the scope of work.

Mr. Hooper stated staff is willing to change the scope of work with any ideas the Board may have.

Upon inquiry by Commissioner Maloy, Ms. Croteau advised she has briefly read the letter from Dart Engineering regarding required coverage for insurance on the RFQ, but do not have any comments at this time.

Commissioner McLain stated he has not seen it and would like an opportunity to review it.

Upon inquiry by Commissioner McLain, Mr. Hooper advised minimum insurance requirements will be included in the RFQ.

Commissioner Morris asked if a $1 million coverage policy should be required. Mr. Hooper advised he would have to research that to make sure they are in compliance with the insurance requirements.

Commissioner McLain stated he would think since there are architects drawing the plans, construction people building it and the County is hiring a professional to oversee that process, he would want them to have more than just liability coverage for accidents or anything they may be held accountable for that would fall back to the County. He stated his main concern is whether they have professional insurance, errors and omissions coverage, so if they make a gross error in their recommendations, there will be E&O coverage for their professional rep.

Mr. McMillan stated that is a standard clause in all of the County’s contracts.

Commissioner Henley stated his main concern is that at the end of this, the County still doesn’t have the expertise on staff they need. Other projects, such as the jail and museum, will have to be dealt with. It appears to him that somewhere down the line, the County is going to have to take the step of going with an in-house architect and in-house engineering so that they don’t have to outsource this all of the time. He stated he has not heard how much is set aside for these types of services.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize staff to proceed with an RFQ in the form of a Master Agreement for Owner’s Representative Services for the New Seminole County Criminal Justice Center and the renovation of the existing Courthouse; and authorize staff to advertise the project utilizing the selected format of an RFQ, with staff recommendations including the Master Contract approach.

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

COUNTY MANAGER’S BRIEFING

Mr. Grace stated staff is requesting direction to schedule a work session with the Board, the Code Enforcement Board and staff to discuss the Code Enforcement Process.

Upon inquiry by Chairman Van Der Weide, Mr. Grace advised staff could tie this work session in with the Purchasing Manual work session on the same day.

Commissioner Van Der Weide stated the consensus of the Board is to authorize staff to schedule a work session, based on availability, to address the Code Enforcement process at that time.

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The Board recessed the meeting at 11:40 a.m., Reconvening at 1:32 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session.

PROOFS OF PUBLICATION

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

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

CHAIRMAN'S STATEMENT OF PUBLIC HEARING RULES

Chairman Van Der Weide advised the first two items on the agenda (Appeals against the Board of Adjustment for Oxford Outdoor Advertising) have been continued from the January 23, 2001 meeting in order for the Board to review information submitted by the Appellant's attorney.

County Attorney, Robert McMillan, advised at the close of the public hearing on January 23, the Board elected to continue their decision until such time as each Commissioner had an opportunity to review the packet of information provided by Attorney Groot. He further advised that a request has been filed by Attorney Groot for disclosure of any ex parte communications during the close of the last hearing until today.

Upon inquiry by Chairman Van Der Weide, Commissioner Henley advised the only people who contacted him was Attorney Groot and his client Mr. Tom Smith in regard to a sign on SR 436. He further advised that he received a letter from Mr. George Carlton urging support of the application.

Chairman Van Der Weide advised that to the best of his knowledge since the last hearing, he has not been approached by the Appellant or anyone else concerning this matter.

Commissioner Morris advised he has not been approached by anyone, including staff, regarding this issue.

Commissioner McLain stated he also has not been approached by anyone with regard to this issue; but he did receive the same letter Commissioner Henley received.

Commissioner Maloy stated he has not had any contact or discussions with anyone concerning this issue.

APPEAL AGAINST THE BOA, OXFORD

OUTDOOR ADVERTISING/LONNIE GROOT, continued

Continuation of a public hearing to consider an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located on the east side of SR 436, approximately 1/2 mile south of Howell Branch Road, as described in the proof of publication, Oxford Outdoor Advertising/Lonnie Groot, Shutts & Bowen.

No one spoke in support or in opposition.

Written Comment Form from Susan Doerner was received and filed.

District Commissioner Henley advised after reading the information provided by the Appellant, he sees no ambiguity at all in the word "any".

Motion by Commissioner Henley, seconded by Commissioner Morris to uphold the Board of Adjustment's decision in its determination that the Zoning Section Chief did not err in his determination that a proposed outdoor advertising sign on property located on the east side of SR 436, approximately 1/2 mile south of Howell Branch Road, violates Section 30.1243 of the Seminole County Land Development Code relative to the separation requirements; and to adopt Notice of Denial, as shown on page _______.

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

APPEAL AGAINST BOA, OXFORD OUTDOOR

ADVERTISING, LONNIE GROOT, CONTINUED

Continuation of a public hearing to consider an Appeal against the Board of Adjustment's decision in upholding the Zoning Section Chief's determination relative to the separation requirements for an outdoor advertising sign for property located on the east side of Highway 17-92, approximately 3/4 mile north of SR 434, as described in the proof of publication, Oxford Outdoor Advertising/Lonnie Groot, Shutts & Bowen.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley to uphold the Board of Adjustment's decision in its determination that the Zoning Section Chief did not err in his determination that a proposed outdoor advertising sign, located on the east side of Highway 17-92, approximately 3/4 mile north of SR 434, violates Sec. 30.1243 of the Seminole County Land Development Code relative to the separation requirements; and to adopt Notice of Denial, as shown on page _______.

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

REQUEST FOR DOCK & BOATHOUSE PERMIT,

ALBERT CICHRA BUILDERS/KAREN ROBERTSON

Proof of publication, as shown on page _______, calling for a public hearing to consider a request for approval to construct a 1,366 square-foot dock and boathouse structure for property located at 606 Sylvan Reserve Cove in the northeast quadrant of Lake Sylvan, Albert Cichra Builders for owner Karen Robertson, received and filed.

Francisco Torregrosa, Natural Resource Officer, addressed the Board to present the request, advising the structure, including roof overhangs, consists of a 476 foot square boathouse, a 370 square foot deck, and a 130 linear foot access boardwalk (520 square feet). He stated the proposed structure meets all Land Development Code requirements but requires a public hearing due to its size. Although the terminal deck and boathouse are of average size for the area, nearly half the area of the structure involves the access boardwalk. The unusually long length of the boardwalk is necessary to reach a depth of two feet at mean low water. He said the Florida Department of Environmental Protection has issued a permit for this structure and staff recommends approval, based on the plans as submitted.

Karen Robertson, applicant, addressed the Board from the audience to advise she will answer any questions.

William Bragon, adjacent property owner, addressed the Board to speak in support of the request, stating he does not feel it obstructs his view of the lake.

No one else spoke in support or in opposition.

District Commissioner McLain stated he has expressed his concern to staff that if there should be a need for lighting along the boardwalk, it should be included. He requested staff to address this requirement in the future.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve the construction of a dock and boathouse structure for the Robertson residence located at 606 Sylvan Reserve Cove on the northeast quadrant of Lake Sylvan, as described in the proof of publication, Albert Cicchra Builders for owner Karen Robertson.

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

REQUEST TO VACATE & ABANDON,

CHARLES W. GRANT/KATHERINE C. WELLS

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to vacate and abandon a portion of right-of-way known as Old Orlando Road for property located on the west side of U.S. Highway 17-92, north of the intersection of CR 427, Charles W. Grant, Trustee for the Estate of Katherine C. Wells, received and filed.

Mr. Grace advised staff feels this item needs to be continued until March 13, 2001 for further review.

Charles Grant, applicant, addressed the Board to advise he has no problem with the continuance.

No one else spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley to continue until March 13, 2001 consideration of a request to vacate and abandon a portion of right-of-way known as Old Orlando Road for property located on the west side of U.S. Highway 17-92, north of the intersection of CR 427, as described in the proof of publication, Charles W. Grant, Trustee for the Estate of Katherine C. Wells.

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

CHAIRMAN'S REPORT

Chairman Van Der Weide presented request from Tax Collector, Ray Valdes, to be appointed as the Seminole County Delegate for the National Association of Counties Legislative Conference.

Motion by Commissioner Morris, seconded by Commissioner Henley to appoint Seminole County Tax Collector, Ray Valdes, as the Seminole County Delegate for the National Association of Counties Legislative Conference to be held in Washington D.C., on March 4-6, 2001.

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

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The Chairman presented request from Darrell Kelley, President and CEO of the Economic Development Commission of Mid-Florida, for a letter in support of the establishment of an Argentine Consulate Office in the Orlando City Hall.

Motion by Commissioner Henley, seconded by Commissioner Morris to authorize sending Letter, as shown on page _______, in support of the establishment of an Argentine Consulate Office on the ninth floor of the Orlando City Hall.

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

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The Chairman advised that he sent a letter (copy received & filed) to Representative Tom Feeney in support of the Seminole Community Mental Health, Inc.'s Dual Diagnosed Service proposal and its request for funding in the amount of $654,213. He added that it is the same letter sent by the Board last year.

DISTRICT COMMISSIONERS' REPORTS

Commissioner Van Der Weide nominated George Cheney for appointment to the Seminole County Bicycle Advisory Board.

Motion by Commissioner Henley, seconded by Commissioner Morris to appoint George Cheney to the Seminole County Bicycle Advisory Board.

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

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Commissioner McLain announced his Administrative Aide, Annette Hatch, has had shoulder surgery and will be out the next couple of weeks.

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Commissioner Maloy advised his Administrative Aide, Kathy Bowlin, has also had surgery; and he wished her a speedy recovery.

Commissioner Van Der Weide commended all five Commission Administrative Aides for their dedication and the wonderful work they do.

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Commissioner McLain requested the County Manager to review what the County's fair share would be for maintenance of Lake Mary Boulevard, which is currently being maintained by the Heathrow Homeowners Association. Mr. Grace advised he will report back to the Board on this at the next Board meeting.

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Motion by Commissioner McLain, seconded by Commissioner Morris to reappoint/appoint the following:

AGRICULTURE ADVISORY COMMITTEE - Bob French & David Rowland

ANIMAL CONTROL BOARD - Karen Hart

LIBRARY ADVISORY BOARD - Miles C. McDonnell & Rose Reeves (rotating appointment); and adopt appropriate Resolution #2001-R-34, as shown on page _______, commending Frances Pope for her services on same.

NATURAL LANDS COMMITTEE - Kevin Spolski, Fred Harden & Andrew Van Gaale

PARKS & RECREATION ADVISORY BOARD - Tony DeMarchi & Robbie Robertson; and adopt appropriate Resolution #2001-R-35, as shown on page _______, commending Oscar E. Pennington for his services on same.

SEMINOLE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - Andrew Van Gaale

BUILDING CONTRACTORS BOARD - Bob VonHerbulis

PLUMBING EXAMINERS BOARD - Ted Hawkins

SWIMMING POOL BOARD - Mike Holland

WELL DRILLERS BOARD - Dick Joyce

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

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Motion by Commissioner Maloy, seconded by Commissioner Morris to reappoint Mark Clifford to the Seminole Parks & Recreation Advisory Board for a one-year term ending January 1, 2002; Patti Zelsman to the Seminole County Library Advisory Board for a two-year term ending January 1, 2003; and appoint Louis Jaochim to the Seminole County Agriculture Advisory Board for a two-year term ending January 1, 2003.

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

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Motion by Commissioner Morris, seconded by Commissioner McLain to appoint the following:

DIABILITY ADVISORY COMMITTEE - Dottie Burkett

SWIMMING POOL CONTRACTORS TRADE BOARD - Terry Futrell

TRAILS & GREENWAYS TASK FORCE - Lisa Giltner

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

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Commissioner Morris advised staff is reviewing the requirements for distribution of the "Choose Life" License Plate revenue.

Mr. Grace advised staff (Stephen Lee & Phil Stalvey) will be bringing a proposed policy back to the Board on a future agenda.

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Commissioner Morris advised he again has been selected to serve on the U.S. Department of Commerce Economic Development Administration 2001 Award for Excellence Selection Panel.

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Commissioner Morris stated the Board will probably be receiving phone calls about an outdoor sign, which will be erected on Longwood-Lake Mary Road. This sign was approved prior to the moratorium.

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Commissioner Henley advised Mr. Grace is dealing with a complaint from a homeowner on Howell Branch Road who alleges there was significant damage done to his driveway by the County's contractors who were replacing the wall.

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Motion by Commissioner Henley, seconded by Commissioner Morris to appoint Brenda Carey to the Seminole County Port Authority Board (rotating appointment) for a four-year term ending January 2005.

COMMITTEE REPORTS

Commissioner Henley gave a brief update on the status of the School Readiness Coalition.

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Commissioner Henley gave an update on the status of the Youth Commission and requested Commissioners provide any suggestions they may have for appointment to same.

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Commissioner Henley briefly discussed the progress of Seminole Vision.

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Commissioner Morris suggested Commissioners receive a briefing from staff with regard to the reorganization of the Economic Development Council of Mid-Florida. He advised that all six counties have signed on in support of the regional study. He said a subcommittee is working on interlocal agreement language.

COMMUNICATIONS AND/OR REPORTS

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

    1. Copy of letter dated January 25, 2001, from J. Kevin Grace, County Manager, to Leslie King, Account Executive for Seminole County, Re: Heart of Florida United Way. (cc: Board)
    2. E-mail dated January 24, 2001, from SFC Lee R. Smith, USA Ret. Re: Heart of Florida United Way. (cc: Board, County Manager)
    3. Copy of letter dated January 19, 2001, from Jamie Allan Adley to Mahmoud Najda, Development Review Manager, Re: Revised plans for Tranquility on The Lake. (cc: Board, Aaron Gorovitz, Attorney, DCM/Chandler, Planning & Development Director)
    4. E-mail dated January 26, 2001, from Gerry Nolan, Economic Development Commission, announcing that Tom Yochum was selected to receive James B. Greene Economic Development Award. (cc: Board, County Manager, DCM/Chandler)
    5. E-mail dated January 26, 2001, from Patricia Adamson, Tall Trees Resident, to the Board Re: Proposed Duke Weeks development. (cc: County Manager, DCM/Chandler, Planning & Development Director)
    6. Letter dated January 24, 2001, from Pat Warren to the Chairman Re: Magnolia Lakes P.D. Rezoning and Development Order. (cc: Board, Planning & Development Director, Mike Hattaway, Hattaway Realty, DCM/Chandler, District Commissioner to Respond)
    7. Notice of Public Hearing to be held by the Lake Mary Planning and Zoning Board sitting as the Sign Code Board of Adjustment on Tuesday, February 13, 2001, to consider request from United Studios for the Shoppes of Lake Mary for sign variance. (cc: Board, C.M., DCM/FC, Planning & Dev. Director)
    8. Copy of letter dated January 25, 2001, from Frances E. Chandler, Deputy County Manager, to Tony VanDerworp, Sanford City Manager, Re: Conference Center/Hotel RFQ. (cc: County Manager, Board, Tourist Development Director, Fiscal Services Director)
    9. Letter and e-mails from the following expressing objection to the City of Maitland's proposed Public Works compound off Kewannee Trail: J. J. Herman, Heidi Allen and Tibor Lazar, Charles E. Joseph, II, Diana and Tom Patton, Carrie Fischer, Mark A. Winton. (cc: Board, County Manager, DCM/Chandler)
    10. Copy of e-mail dated January 23, 2001, from Tom and Diana Patton to Mrs. Rizzo and Mr. Sprague, City of Maitland, Re: Proposed Public Works compound off Kewannee Trail. (cc: Board)
    11. Notice of Change of Future Land Use to be considered by the City of Lake Mary Local Planning Agency in public hearing scheduled for February 21, 2001, for the following: approximately +-400 ft. east of N. Country Club Road, on the north side of Lake Mary Blvd., and to the east of the CSX Railroad ROW. (cc: Board, County Manager, DCM/Chandler, Planning & Dev. Director)
    12. Copy of letter dated January 22, 2001, from Kurt H. Garber, Wilson, Leavitt & Small, to John Moore, P.E., Re: East Lake Mary Blvd./Silver Lake Drive. (cc: Treena Kaye, T.K. Wiley, Board, County Attorney, Clerk, County Manager)
    13. Memorandum dated January 19, 2001, from David W. Martin, P.E., Principal Engineer, to the Board, Kevin Grace, Jim Marino, Jerry McCollum, Donald Fisher, Tom George, John Moore, Susan Dietrich, Frank Van Pelt, Heather Bradshaw-Ells, Ginger Hoke, John Vericker, Amanda Smith, Re: Revised SR 434 Trail Overpass Schedule.
    14. Memorandum dated January 19, 2001, from David W. Martin, P.E., Principal Engineer, to the Board, Kevin Grace, Jim Marion, Jerry McCollum, Donald Fisher, Tom George, John Moore, Susan Dietrich, Frank Van Pelt, Heather Bradshaw-Ells, Ginger Hoke, John Vericker, Amanda Smith, Re: Revised I-4 Trail Overpass Schedule.
    15. Copy of E-mail dated January 24, 2001, from Michael E. Morris Re: Seminole County's decision to try and find an alternative to the United Way." (cc: Board, County Manager)
    16. E-mail dated January 24, 2001, from George Koch, The Shoppes of Howell Branch, Re: The Heart of Florida United Way. (cc: Board, County Manager)
    17. Letter dated January 22, 2001, from Sandra Robinson, School Board Chairman, transmitting a list of projects for potential share of the infrastructure sales tax extension. (cc: Board, County Manager, Deputy County Managers, Superintendent Paul Hagerty, School Board Members, Executive Director of Facilities, Press)
    18. E-mail dated January 24, 2001, from Howell W. Melton, Jr., Chairman of the Board, EDC of Mid-Florida, advising of resignation of Darrell Kelley, President and CEO, effective March 30, 2001. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director, Economic Development)
    19. Memorandum dated January 23, 2001, from J. Kevin Grace, County Manager, to the Board, transmitting a Memorandum from Terry L. Schenk, Fire Chief, Re: Outdoor Burning in Seminole County.
    20. Newsletter from the School Board of Seminole County.
    21. Letter to Kevin Grace, Seminole County Manager, dated January 23, 2001, from Janet R. Dougherty, CMC, City Clerk of Sanford, transmitting copy of Ordinance No. 3610 annexing 1.03 acres or property lying between Marquette Avenue and East Lake Mary Boulevard and between Brisson Avenue South and Ohio Avenue, passed and adopted by the City Commission on January 22, 2001. (cc: Property Appraiser, Planning, Planning and Development)
    22. Copy of letter dated January 18, 2001, from Darrell Kelley, President & CEO, Economic Development Commission of Mid-Florida, to George Rodon, Director of Trade and Tourism Development, Orange County, transmitting report on recent visit to Miami. (cc: Mayor Glenda Hood, Orange County Chairman designate Richard Crotty, Chairman Catherine Hanson/Lake County, Chairman Ken Shipley/Osceola County, Board, County Manager, DCM/Chandler, Economic Development)
    23. Letter dated January 17, 2001, from Tom O'Hanlon, Chairman, City of Oviedo Council, to Mayor Paul Partyka, City of Winter Springs, Re: Proposed City of Winter Springs Ordinance No. 2000-38, Change of Zoning for the Carroll Property. (cc: Mayor and City Council of the City of Oviedo, City Manager, City of Oviedo, Oviedo City Attorney, Director of Planning and Zoning, City of Oviedo, City of Winter Springs City Council, Winter Springs City Manager, Board of County Commissioners, County Manager, DCM/Chandler, Principal Planner)
    24. Letter dated January 17, 2001, from Tom O'Hanlon, Chairman, City of Oviedo Council, to Mayor Paul Partyka, City of Winter Springs, Re: Proposed City of Winter Springs Ordinance No. 2000-37, Comprehensive Plan Amendment SS 2-2000/Luther and JoAnn Carroll, Applicant/Property Owner. (cc: Mayor and City Council of the City of Oviedo, City Manager, City of Oviedo, Oviedo City Attorney, Director of Planning and Zoning, City of Oviedo, City of Winter Springs City Council, Winter Springs City Manager, Board of County Commissioners, County Manager, DCM/Chandler, Principal Planner)
    25. E-mail dated January 23, 2001, to the Board, County Manager and Traffic Engineer, from Terrence Ames, Re: Complaint about Orange Boulevard.
    26. Notice to Abutting Property Owners dated January 19, 2001, from the City of Lake Mary Planning Technician Re: Home Occupation. (cc: Board, County Manager)
    27. Notice of Public Hearing to Consider a Conditional Use to be held by the City of Sanford Planning & Zoning Commission to be held on Thursday, February 1, 2001; property described as 4249 Highway 17-92. (cc: Board, County Manager)
    28. Memorandum dated January 19, 2001, from Jack Wert, Director, Seminole County Tourism Development Department, to the Board, County Administration, Department Directors, Re: Seminole County Logo Use. (cc: Board)
    29. Facsimile letter dated January 23, 2001, from Harry B. Buffkin, Jr., posing questions regarding meeting of November 28, 2000, meeting with the School Board of Seminole County concerning proposed second generation sales tax. (cc: Board/District Commissioner for response)
    30. Letter dated January 18, 2001, to the Chairman from Larry A. Dale, Mayor, City of Sanford, to the Chairman, Re: Sidewalks on East Lake Mary Boulevard/Silver Lake Drive Extension. (cc: City Commissioners, City Manager, County Commissioners, County Manager, Heather Bradshaw-Ells, County Engineer)
    31. E-mail dated January 23, 2001, from Mike Piel and Brent Adamson Re: funding for Arts Council. (cc: Board and as noted)
    32. Copies of letter from Kenneth M. Roberts, Director, Department of Public Safety, to the following expressing appreciation for donations to the Seminole County Animal Services Division: Peter Lepuschitz, Aubrey Willard, Duane MacGregor, Tom Moran, Joseph and Nancy Hussar, Arthur Whitehall, Mr. and Mrs. Alvin Cohen, Anna Allsopp.
    33. Contracts for Services, as shown on page _______, between Seminole County Parks and Recreation Services and the following: Timothy Lynch, Anthony Wayne Walker, Gerald F. Meter, Theresa L. Walburger, Carmen A. Hamilton.

    1. Mailer from the St. Johns River Water Management District for February 2001. (cc: Board)
    2. Minutes of the Library Advisory Board Meetings of September 11, 2000, and January 22, 2001.
    3. Copy of letter dated January 24, 2001, from Anthony Leffin, Director of Public Works, City of Maitland, to Donald Fisher, Director, Planning and Development Department, advising that the City of Maitland is withdrawing its application for site plan approval for proposed Public Works facility on Kewanee Trail. (cc: Board)
    4. Letter dated January 31, 2001, from Robert and Tina Brewer expressing objection to proposed Public Works facility on Kewanee Trail. (cc: Board)
    5. Letter dated January 30, 2001, from Kevin Egan, District Program Supervisor, Florida Department of Children & Families, to the Chairman, advising of community stakeholder meetings to be conducted by the District 7 Alcohol, Drug Abuse and Mental Health Program Office. (cc: Board, County Manager, DCM, Community Services)
    6. Copy of letter dated February 1, 2001, from Frances E. Chandler, Deputy County Manager, to Tony VanDerworp, Sanford City Manager, Re: Hotel/Conference Center RFQ. (cc: Board, County Manager, Fiscal Services Director, Tourist Development Director, County Attorney, Purchasing Manager)
    7. Facsimile Transmittal of the Agenda for the City of Oviedo City Council Meeting held Monday, February 5, 2001. (cc: Board, County Manager, DCM's, County Attorney)
    8. E-mail dated January 31, 2001, from Jim Clarke, expressing opposition to proposed office complex by Duke Weeks. (cc: Board, Planning & Development Director)
    9. Letter from David Bressler, President/CEO, Bressler Outdoor Advertising, in support of application by Bill and Tina Marie Brandvold for mobile home reinstatement to be heard in public hearing of February 13, 2001. (cc: Board, Current Planning, Planning & Development Director)
    10. Letter dated January 31, 2001, from Kevin Coulthart, Seminole Co. Marketing Manager, Central Florida Sports Commission, transmitting copy of the Central Florida Sports Commission monthly Activities Report for the month of December, 2000.
    11. Copy of e-mail from Mrs. Rankin to Commissioner Maloy Re: School overcrowding. (cc: Board)
    12. Copy of e-mail dated February 5, 2001, and attachments from Doug Bishop to Governor Jeb Bush Re: Traffic Calming Devices -- Speed Bumps. (cc: Seminole County Commissioners and Orange County Commissioners, Rep. Tom Feeney)
    13. E-mails from the following expressing opposition to proposed Duke Weeks project: Larry and Michelle Wells, Rhonda Gibson and Norma Rossi. (cc: Board, DCM/Chandler, Planning & Development Director)
    14. Memorandum dated January 25, 2001, to the Board from Mark Van Bever, Court Administrator, Eighteenth Judicial Circuit, transmitting copy of check in the amount of $64,693.00. (cc: County Manager, Fiscal Services)
    15. Contracts for Services, as shown on page _______, between Seminole County Parks and Recreation Division and the following: Kimberly E. Krbec, John S. Mitchell, Matthew Jaynes, Lauren Starcher, Thomas Kyle Medina.
    16. Agenda for the Sanford Airport Authority Board Meeting of Tuesday, February 6, 2001.
    17. Copy of Minutes of the LYNX - Central Florida Transportation Authority Board of Directors Meeting held on December 7, 2000. (cc: Board)
    18. Letter dated January 26, 2001, from Joseph F. Myers, Director, Division of Emergency Management, Re: Assessment for Department of Justice's State Domestic Preparedness Equipment Program. (cc: Board, County Manager, DCM's, Public Safety)
    19. Copy of letter dated January 29, 2001, from Mayor Paul Lovestrand, City of Longwood, to Katharina Nitsche in response to letter received regarding bicycling on Markham Woods Road. (cc: Board, County Engineer)
    20. Notice of Public Hearing to be held by the City of Longwood to consider Vacate/Abandon requested by E. Michael Holland to vacate/abandon a portion of Pine Avenue right-of-way east of Wilma Street. (cc: Board, County Manager, Planning & Development Director)
    21. Copy of letter dated January 31, 2001, from Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., to Don Fisher, Planning & Development Dept. Re: Osprey Lakes Gross Lot Area Items to Consider. (cc: Board)
    22. Copy of e-mail dated February 1, 2001, from Carol DeBauche to the Board, re: Maitland Compound Project.
    23. Copy of letter dated January 29, 2001, from Mark E. Flomerfelt, P.E., Stormwater Manager, Mike Hattaway, Chairman, Development Advisory Board, Re: Engineering Evaluation for Little Econlockhatchee River Basin. (cc: Board, County Manger, Deputy County Manager, Development Review Manager)
    24. Copy of letter dated January 30, 2001, from the Chairman to Representative Tom Feeney Re: Emergency Management Preparedness and Assistance Trust Fund. (Note: Same letter sent to all members of the Seminole County Legislative Delegation. (cc: Board, County Manager, County Attorney)
    25. Copy of memorandum dated January 31, 2001, from Henry Brown, Assistant County Attorney, to Linda Eiland, Program Manager, Risk Management Office, Re: Director Pay Request - Callin v. Seminole County/Expert Witness Procurement. (cc: County Attorney, Current Planning Manager, Board, Purchasing & Contract Manager)
    26. Copy of letter from the Chairman dated January 26, 2001, to Tom O'Hanlon, Chairman, Oviedo City Council, Re: Transportation master plan. (cc: as noted)
    27. Copy of letter dated January 26, 2001, from J. Suzy Goldman, Director, Library & Leisure Services Department, to the Seminole County Public Library Staff expressing appreciation for recent donation in memory of Mrs. Beulah M. Carter. (cc; Board, Library Services Manager)
    28. Copies of letter dated January 25, 2001, from Kenneth M. Roberts, Director, Department of Public Safety, to Diane Borries, Robert Muise, and Louise Edge, expressing appreciation for recent donations to the Animal Services Division.
    29. Letter dated January 26, 2001, from Andrea Lorenzo-Luaces, Winter Springs City Clerk to the County Manger transmitting certified copy of Voluntary Annexation Ordinances Number 2001-01 and 2001-03. (cc: Ronald W. McLemore, City Manager and Anthony A. Garganese, City Attorney, Property Appraiser, Planning & Development, Zoning Section)

    1. Letter dated February 12, 2001, from John A. Jones, P.E., President & CEO, Dart Engineering, Re: RFQ for Owner's Representative Services. (cc: Board, County Manager, DCM/Chandler, Admin. Services Manager, Purchasing Manager)
    2. Memorandum from Stephen P. Lee, Deputy County Attorney, dated February 8, 2001, to the Board, Re: WEAT Land Partners II v. Seminole County, transmitting a copy of the Court's Order. (cc: County Manager, DCM/Chandler, Planning & Development Director)
    3. Facsimile Copy of Letter dated February 8, 2001, from Karen T. Marcus, FAC Interim President, to Charles Lee and Paul Bradshaw, Co-Chairmen, Re: Growth Management Reform. (cc: Board)
    4. Letter dated February 8, 2001, from Charles Wert to the Board, Re: William & Tina Renvold Request to overturn Board of Adjustment Denial. (cc: Board, DCM/Chandler, Planning & Development Director, Current Planning)
    5. Memorandum dated February 1, 2001, from Doris-anne Freeman, City Clerk Department, City of Altamonte Springs, to the Distribution List, Re: Annexation approved by City Commission - Amerada Hess Facilities Trust No. 1998-1. (cc: Seminole Co. Mapping Supervisor, Building & Fire Prevention Division, Property Appraiser, Planning & Development Director, Comp. Planning, Current Planning)
    6. Copy of letter dated February 8, 2001, from the Chairman to Harry Barley, Executive Director, MetroPlan, advising of Seminole County's representatives to the Transportation Technical Committee for 2001.
    7. Letter from Michael P. Dempsey, D3C Homeowners' Association, Inc., Greenwood Lakes at the Crossings, Re: Parking on streets. (cc: Board, County Manager, DCM/Chandler, District Commissioner for response)
    8. Copy of letter dated February 6, 2001, from Antoine I. Khoury, P.E., Principal Engineer, to Ms. Katharina Nitsche, Re: Markham Woods Road, responding to her letter to Mayor Paul Lovestrand, regarding the lack of sidewalks along Markham Woods Road. (cc: Board, DCM/Marino, County Engineer)
    9. Letter dated January 31, 2001, from Beth Hamilton, Planning Manager, FDLE, Re: 2001-CJ-J1-06-69-01-008/Seminole Co. Audiovisual First Appearance/Arraignment System IV and 2001-CJ-J1-06-69-01-009/J-STAC IV. (cc: Sheriff's Office, Fiscal Services)
    10. Letter dated February 6, 2001, from Anthony Mallo, Re: Meals on Wheels. (cc: Marci Carter, Home Program Manager, Board, CDBG, Comm. Services)
    11. Letter dated February 7, 2001, from Mary L. Gilmore, expressing appreciation for repairs done to home. (cc: Board)
    12. Newsletter from the School Board of Seminole County. (cc: Board)
    13. E-mail from Richard D. Ellis Re: Water Restriction. (cc: Board, County Manager, Environmental Services)
    14. Letter from Gary and Dawn Mattingly, Tall Trees residents, expressing opposition to proposed Duke Weeks project.
    15. Memorandum dated February 2, 2001, from Ray Valdes, Seminole County Tax Collector, to the Chairman, Re: National Association of Counties Legislative Conference. (cc: Board, County Manager)
    16. Copy of letter dated February 5, 2001, to Jamie A. Adley, Re: Tranquility of Lake Brantley. (cc: Board, Planning & Development Director, DCM/Chandler, Aaron Gorovitz, Attorney)
    17. Letter dated February 12, 2001, from Linda Rossel, Re: Public Hearing -- William & Tina Brandvold request for reinstatement of mobile home. (cc: Board, Planning & Development Director, Current Planning)
    18. E-mail dated February 11, 2001, from Richard L. Bender, Re: Duke Weeks property. (cc: Board)
    19. Letter dated February 8, 2001, from Leonard Tylenda Re: Proposed PUD "Wekiva Park." (cc: Board, DCM/Chandler, Planning & Development Director, Comp. Planning, Current Planning)

COUNTY MANAGER'S REPORT

Upon inquiry by Commissioner Henley, Mr. Grace advised he will report back on how many free flowing artesian wells have been capped and how many remain to be capped.

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Mr. Grace advised the new Public Works Director will be starting employment on March 5, 2001.

COMMITTEE REPORTS, CONTINUED

Commissioner McLain briefly reported that he has been working with EDC on a marketing strategy for the redevelopment efforts along Hwy. 17-92 and the Sanford/Orlando Airport.

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The Board, thereupon, recessed at 2:26 p.m., reconvening at 7:00 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen.

PUBLIC HEARINGS

REZONE FROM A-1 TO OP/DUKE-WEEKS REALTY CORP.

Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to OP (Office Professional); property described as a 34-acre parcel of land, located north of Wilson Road, on the west side of International Parkway, Duke-Weeks Realty Corp., received and filed.

County Manager, Kevin Grace, stated the Board discussed earlier that the applicant has requested this item be continued to February 27, 2001, and the Board gave the indication they were going to continue the hearing.

Motion by Commissioner McLain, seconded by Commissioner Henley, to continue to February 27, 2001, request to rezone from A-1 (Agriculture) to OP (Office Professional); property described as a 34-acre parcel of land, located north of Wilson Road, on the west side of International Parkway; as described in the proof of publication, Duke-Weeks Realty Corp.

Under discussion, Chairman Van Der Weide said he had met with a couple of people earlier and informed them that this item would be continued. He asked if anyone in the audience was present to hear this item. He explained that it is usually standard that when the applicant requests a continuance, the Board grants it.

No one spoke in support or in opposition.

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

APPEAL AGAINST BOA

WILLIAM AND TINA BRANDVOLD

Proof of publication, as shown on page _______, calling for a public hearing to consider Appeal against the Board of Adjustment in denying an application for a Special Exception to permit the reinstatement of an expired mobile home located on a five-acre site on the south side of Red Ember Road, approximately ˝ mile east of Old Lockwood Road and within Woodland Estates, William and Tina Brandvold, received and filed.

Ginny Markley, Principal Zoning Coordinator, addressed the Board to state the Brandvolds were not aware when they took occupancy of the property that the mobile home approval had expired. They are requesting reinstatement of the mobile home for a period of two years in order to plan the financing and construction of a conventional home. She said staff has received three letters in opposition from the neighbors. She advised the Board of Adjustment denied the request to reinstate the mobile home based on the trend of development for conventional homes in the area and the failure to substantiate progress being made on the construction of a conventional home.

Ms. Markley advised the Board of the standards for granting a special exception. She stated the staff agrees with the finding of the Board of Adjustment that the trend of development in Woodland Estates and along Lockwood Road is for conventional homes and would not recommend approval of the special exception to permit the reinstatement of a mobile home if this request was for a new application. However, staff would recommend reinstatement of the mobile home for one year in order to allow the Brandvolds time to plan construction of the new home or removal of the mobile home.

Upon inquiry by Commissioner McLain, Ms. Markley said it is very difficult to obtain a permit and complete construction for a conventional home within one year. She said staff would expect the applicants to obtain a building permit to begin construction within one year and seek progress on the conventional home. She said the applicants could reapply to the Board of Adjustment for any additional time.

Tina Brandvold, applicant, addressed the Board to state they are asking for two years to get their finances together. She said this was a shock to them and they were not prepared.

Commissioner Henley said he thinks the Commission wants it stated that positive action is being taken. He said he would not want to go along with two years. With one year, and if the applicants are making a good faith effort and progress is being made, the Board may be inclined to extend the time to allow for the completion of the home.

Commissioner McLain stated he thinks the Board is looking for Mrs. Brandvold to obtain a building permit within the 12 months and come back and say they have their permit and finances in order and is ready to start construction.

Cindy Mascotto, Fawn Run, addressed the Board to state she is in favor of the Brandvolds being able to build their house, and she has no doubt that is what they want to do.

Mike Cole, 2516 Fawn Run, addressed the Board to state he has come to know the Brandvolds and he considers them very valuable neighbors. He wishes to see the Commission allow them the full two years to plan and build the proper home.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve, by means of the Development Order, as shown on page _______, the appeal against the Board of Adjustment’s decision that denied an application for a Special Exception to reinstate an expired mobile home and approve, with staff recommendations, for a period of one year to provide the Brandvolds time to start construction of a conventional home or removal of the mobile home located on a five-acre site on the south side of Red Ember Road, approximately ˝ mile east of Old Lockwood Road and within Woodland Estates, as described in the proof of publication, William and Tina Brandvold.

Upon inquiry by Commissioner McLain, Commissioner Maloy clarified that obtaining the building permit is meant to be the start of construction.

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

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Chairman Van Der Weide welcomed the Boy Scouts troop who were in the audience. Commissioner Morris advised a fund-raising event is coming up in Seminole County in a couple of months for the Boy Scouts.

Ray Bailey, Scout Master, addressed the Board to state he had 15 boys of Troop 491 of Longwood in attendance. He said they are working on their Citizenship Merit Badge.

Commissioner Henley commended the Boy Scouts in the stand they took to maintain their standards.

Chairman Van Der Weide said it was very nice timing that Commissioner Morris brought up the issue of funding and got the support of the Board.

PLAN AMENDMENT AND REZONE

JOHN PERCY

Proof of publication, as shown on page _______, calling for a public hearing to consider a Small Scale Comprehensive Plan Amendment from Planned Development and Low Density Residential to Planned Development; and Rezone from R-1AA (Single Family Dwelling) and PUD (Planned Unit Development) to PCD (Planned Commercial District); property located south of SR 436 and east of Bear Lake Road, approximately 9.3 acres, John Percy, received and filed.

Ms. Matheny advised the applicant is planning a mixture of office and retail development on the site. She said a portion of the property was previously zoned for PUD for office and commercial uses. The applicant added additional property, including a block of lots south of the original site. Staff recommended Planned Development land use with findings and recommended the PCD zoning district. The Local Planning Agency recommended approval of Planned Development with staff findings and recommended approval of the PCD with the following conditions: (1) Access on Bear Lake Road shall be right in/right out only; (2) The owner is to dedicate right-of-way on Bear Lake Road for future intersection improvements. The specific requirements to be determined during final PCD site plan review; (3) A right turn lane is required on Bear Lake Road; (4) A masonry wall with a minimum 8’ in height be provided between the site and the residential properties to the south; (5) The buffer along the south side of the side be a minimum of 50’ in width; (6) Operation is limited to 7 a.m. to 11 p.m.; and (7) The development is subject to all development conditions in the documents, "Forest Lake South – SR 436 Commercial: Supplemental Conditions of Approval" and "Development Notes" which shall become a part of the Development Order for this project and shall further be included in the Developer’s Commitment Agreement at the time of final PCD plan application.

Ms. Matheny advised that the LPA felt the project would be inappropriate without the restrictions on the operating hours imposed.

John Percy, Glatting, Jackson, representing the Florida Conference of Seventh Day Adventists, addressed the Board to introduce Randy Reynolds, Florida Conference; Frank McMillan, Attorney for the Florida Conference; and Mike Geido, Real Estate Marketing Consultant. Mr. Percy said Mr. Geido met individually with the adjacent neighbors to the south of the property and, as a result, they submitted a revised plan for the property. Along with that, they submitted a list of supplemental conditions for approval and approved design standards for the buffer on that side of the property. He reviewed the revised conditions (received and filed) and other commitments. He said he feels the plan does a good job of addressing the issues. He stated they are in agreement with the staff conditions recommended and the P&Z conditions with one exception on the operating hours.

Upon inquiry by Commissioner Maloy, Mr. Percy stated the previous approval was for Commercial on the north half of the property. They found that things would not fit on the property, so they acquired individual lots on the sougth and now the property is deep enough to accommodate uses.

Commissioner Morris discussed with Mr. Percy that the P & Z discussed the hours of operation from 7 a.m. to 11 p.m. with no 24-hour operations, but he is asking for a 24-hour operation for the gas and auto uses. He said this section is actually removed from the uses to the south.

Mr. Percy explained that they have a buffer and there is no other development in that area. He said the Texaco across the street is already a 24-hour service.

Mike Geido, 1242 McNeil Woods Place, addressed the Board to state he has been working on this project for 8 to 9 years and at the time it was approved for PCD, there were no restrictions written for the hours of operation. He said they are now trying to expand the commercial project. He said he has spoken to most of the neighbors over the last three months and they agree there is disagreement over the type of uses, but they had agreed with regard to the buffers and walls. He said the 24-hour operation is very important to several different types of companies. Also, it would be very significant to the customers for their convenience and for the cleaning and restocking of shelves. He said security and safety are also other factors for keeping a facility open with having the Sheriff’s Deputy patrolling and stopping in. He said up and down SR 436, most of the businesses are 24-hour operations. He said there is a good chance that there will be an auto wash on this facility. The depth of the property is 330’ and with that much frontage, that will enable them to do a quality project with trees. They will leave the natural vegetation within the 50-foot buffer.

Mr. Geido discussed with Commissioner Morris the other types of uses for the property. Commissioner Morris reviewed where the gas station, car wash and restaurant would be in proximity to the nearest homes. Mr. Percy also showed where the wall would be, subject to the agreement with the property owners and deeding over the 10 feet for the total 50-foot buffer.

Commissioner Morris stated the 24-hour issue for a gas station is one thing with people coming and going, but a car wash facility operating those hours with dryers going is something entirely different. He’s thinking more of the noise going on with a restaurant open from 6 a.m. till 1 p.m. rather than the actual use. Additional discussion continued. Mr. Geido said he would imagine they could limit the car wash hours if that would be of concern.

R. Glenn Tolison, 801 Overlook Drive, addressed the Board to state this is the first time he has seen the applicants for the current plans. He said the applicants have not discussed or met with the residents at all as they told the Planning Board. He said they are going to put whatever they want on the property without regard to the residents living in the area. He relayed prior problems with bad dogs and drug dealers on the property and said he is in favor of progress, but not trampling down their neighborhood. He said Bear Lake Road is now backing up all the way to Bunnell Road. That is a crippled intersection and the applicants want to cripple it more. Mr. Tolison said the applicants should go back and meet with the neighbors and come up with something that won’t destroy their property values.

Jeremy Faiers, 3615 Palm Avenue, addressed the Board to state he understands that the property along SR 436 is going to be developed as commercial; however, where he lives is two blocks south of SR 436. He said the applicant is looking at vacating a road. They are looking at placing a commercial corridor two blocks south of Bear Lake Road. He said when they bought their home, there was no doubt the land along SR 436 would be commercial in some nature, but they are talking about the noise, lights, smell, and pollution in their back yards. He explained that one of the symptoms of his wife’s illness is a sleep disorder. He said currently theirs is a quiet, beautiful neighborhood. What they are looking at is the quality of life for the residents who live in the area versus the amount of money the Seventh Day Adventists can make on the sale of this property. Mr. Faires asked the Board to not allow anything past 11 p.m. at night or before 7 a.m. in the morning. He noted that behind the Texaco is a convenience store and not residential zoning. He believes the store used to be open later until there was a murder there and now it closes at 10 p.m. He said a 24-hour operation does not lower crime. He stated the applicants met selectively with some residents at their leisure and without any prior notice.

Ken Kovalski, 3635 Palm Avenue, addressed the Board to state he doesn’t feel the residents are opposed to the development, but are very much concerned with the types of business operations and how they will affect their residential community and quality of life they currently enjoy. He said the hours should not negatively impact their ability to enjoy the outdoors in the evenings and activities, and allow them to sleep at night. He said the applicant’s request to extend to 24 hours is unacceptable to them. He recommended professional or medical office buildings as alternatives for consideration.

Elizabeth Walther, 3634 Palm Avenue, addressed the Board to state at this time the traffic on Bear Lake is quite heavy, especially in the mornings and evenings. She stated she recently was in an accident turning off her road onto Bear Lake Road. She said when access is stopped going around Sherry Lane, the people will turn around in their yards. She asked the Board not to overlook the fact that these houses were built in the 1950’s and are all established homes. Regarding the 24 hours, she said the local crime is getting worse in the area, not better. She said the convenience store owner was shot and murdered seven years ago and the Texaco has been robbed many times and now it closes at 9 p.m.

Commissioner Maloy asked Mr. Grace to check with Traffic Engineering about signage to discourage people from driving through the residential area for shortcuts.

Chairman Van Der Weide read the written comments from Lori Faiers and Sarah Jean Mueller (received and filed).

Wayne Austin, 719 Bear Lake Road, addressed the Board to state he is concerned that the planned view of the arrangement of the property is somewhat inaccurate as far as the grading or level of the land is concerned. He said the plan shows the residential area and property to be developed on level ground which is not the case. He explained that when the Texaco station was built, the level of ground was reduced to the elevation of SR 436. If the applicants are going to put in something like that, he assumes that would be the case with them but the plans don’t show that. He explained further. He added that between Wekiva-Piedmont Road and SR 434 where it crosses SR 436, there are 17 or 19 places where food service is available and at least eight or nine service stations. He said it’s not as though they are short of these kind of services and some of these are open 24 hours a day.

Mr. Geido responded to comments made by the residents. He said Maitland Boulevard has added to the traffic in the area. He doesn’t believe their project will impact it and, if so, it would be very little. He stated the way Bear Lake Road is currently construed, there is one turn lane left and right. He said with the 330’ depth, they can make significant changes in the intersection. With the right lane on SR 436, they will be making an improvement. He advised of other instances where businesses abut residential and without the depth of this project.

Upon inquiry by Commissioner Maloy, Mr. Percy addressed the question about elevation.

Commissioner McLain questioned why all the buildings could not be moved closer to SR 436 and farther away from the residential property. Discussion ensued with Chairman Van Der Weide giving his recommendations on the location for the gas station, the limitation of hours, the location of the restaurant, and dumpster services.

Commissioner Morris said he appreciates what Mr. Percy has done in trying to put in a transitional zoning, but he thinks this is intense commercial on top of residential. He thinks the P&Z are correct on their recommendation of the hours and concur with Commissioners McLain and Van Der Weide in trying to move the buildings forward toward SR 436. He said the Board is not looking at the real picture and the problem is when the site plan comes back, the restaurant might be able to be moved farther to the north. The thing to be concerned with is where the location of the car wash and pumps will be in relation to the wall; and the Board won’t know till they see the plans.

No one else spoke in support or in opposition.

The Speaker Request Forms were received and filed.

District Commissioner Van Der Weide said he wished to meet with staff to make sure he includes everything in the motion he is planning to make.

Commissioner Henley stated he supports the dumpsters pick-up from 6 a.m. to 6 p.m. He would like to consider if the Board includes the pick-up restrictions on the dumpsters, that it also include pick-ups and delivery for everything else for those same hours.

Chairman Van Der Weide recessed the meeting at 8:30 p.m. and reconvened it at 8:45 p.m.; and passed the gavel to Vice Chairman Morris for the purpose of making a motion.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to approve by Ordinance #2001-5, as shown on page _______, Small Scale Comprehensive Plan Amendment to Planned Development; and approve by Ordinance #2001-6, as shown on page _______, rezoning to Planned Commercial District, property located south of SR 436 and east of Bear Lake Road, approximately 9.3 acres; as described in the proof of publication, John Percy, subject to the Planning & Zoning recommendations with the following changes and approval of amended Development Order, as shown on page _______: (1) South landscape buffer a minimum of 50 feet in width. (2) Only one gas station and convenience store combination and one restaurant may be constructed on the site, with the restaurant hours restricted to close at midnight. The gas station operation, based on the location of the site on the corner of Bear Lake Road and SR 436 will be allowed 24 hours of operation. (3) The gas station and convenience store are to be located on the western-most part of the lot. (4) Increase setback from the south property line to 100 feet, except for the car wash which should be 150 feet. The car wash hours of operation will be limited to 7 a.m. to 9 p.m. (5) The dumpster pick-up hours will be limited to 8 a.m. to 6 p.m. (6) Delivery times to the restaurant and commercial establishments will be limited from 7 a.m. to 9 p.m. (7) Dumpsters shall be a minimum 100 feet from the south property line. The hours of operation shall be requested by the applicant, except as noted above. (8) The owner is to retain existing trees along the southern property line, where feasible.

Under discussion, Commissioner Van Der Weide explained the intent of his motion to Commissioner Henley. He explained to Commissioner Morris that the 100-foot setback is referring to the rear setback.

Commissioner Morris said he thinks the District Commissioner did a very good job to make this a better development and protect the neighborhood, but his one objection is the 24 hours operation.

Commissioner McLain said one concern he has with the combination convenience store/gas station is making sure they have appropriate lighting. He said he would hope when they do the site plan, they are sensitive to the lights on the sight so they don’t have a lot of bleed-over. He asked how should the lighting be handled.

Don Fisher, Planning & Development Director, addressed the Board to state he recommends addressing now that the lighting be reviewed in more detail at the final master plan approval.

Mr. McMillan stated the Board can make a condition that the lights will be recessed with the maximum extent technologically feasible relative to preventing the bleed-over.

Mr. Fisher recommended adding to the motion, the condition of approval that lighting with the canopy will be addressed during the final master plan review and developer’s commitment agreement and the applicant should do whatever steps necessary to impede bleed-over onto residential properties.

Commissioners Van Der Weide and Maloy agreed to include the amendment in the motion as stated by Mr. Fisher.

Commissioner McLain complemented Commissioner Van Der Weide on the rear setback, which he thinks will have a substantial improvement in making all the buildings move forward.

Commissioner Henley said he thinks this project is much better than when they started. He understands that the applicant doesn’t know for sure what is going on the property and he is reluctant to go 24 hours on anything until he knows what is planned. He said he would rather go for the 7 a.m. to 11 p.m. approach and then once the plans come in for sure with what is going on the property, then the Board might adjust the hours at that time.

Commissioner Maloy stated he would typically concur with Commissioner Morris on the 24 hours; however, it was stated earlier that the property is currently for 24-hour use and has been that way for several years under the current PCD.

Upon inquiry by Commissioner Morris, Mr. Fisher said the current PCD is in a state of limbo because the applicant did not meet the requirements of filing the final master plan, and the County has not been clear on what status that puts the PUD in. He said before that technically expired, staff would have had to bring it back to the Board to address the appropriateness of the zoning.

Mr. McMillan clarified that the Code provides if the applicant does not bring in a master plan within the required time, the Board has the option of bringing this forward, reassessing it and rezoning it back to what it was originally. If the Board does nothing, the property stays the way it is. Discussion continued.

Districts 1, 3, and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

The gavel was returned to Commissioner Van Der Weide to resume the duties of Chairman.

PLAN AMENDMENT AND REZONE

HARLING LOCKLIN & ASSOCIATES

Proof of publication, as shown on page _______, calling for a public hearing to consider Small Scale Comprehensive Plan Amendment from Low Density Residential and High Density Residential to Planned Development; and Rezone from A-1 (Agriculture) to PCD (Planned Commercial District); Site #1 located west of Mathews Road, 800 feet north of Hillview Drive; and Site #2 located south and east of Oaklando Drive consisting of 6.21 acres, Harling Locklin & Associates, received and filed.

Ms. Matheny advised of the staff and LPA recommendations for approval of the Plan Amendment and rezoning with findings and conditions as listed in the staff report.

Applicant, Hugh Harling, addressed the Board to state he supports the staff and P & Z recommendations. He said that originally, staff had requested a protracted setback along Oaklando Drive and what they are showing in the PCD is a 15’ passive buffer and a 25’ building setback. He said as long as that is part of the staff recommendation, they are in favor of it.

No one else spoke in support or in opposition.

District Commissioner Henley stated he was notified today that Oaklando is a private road, but he doesn’t think that is an issue in this request.

Motion by Commissioner Henley, seconded by Commissioner McLain, to enact Ordinance #2001-7, as shown on page _______, approving the Small Scale Land use Amendment 12-00SS.1 to Planned Development; Site #1 located west of Mathews Road and 800 feet north of Hillview Drive; and Site #2 located south and east of Oaklando Drive (6.21 acres); as described in the proof of publication, Harling Locklin & Associates.

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

Motion by Commissioner Henley, seconded by Commissioner McLain, enact Ordinance #2001-8, as shown on page _______, rezoning to Planned Commercial District, Site #1 located west of Matthews Road and 800 feet north of Hillview Drive; and Site #2 located south and east of Oaklando Drive (6.21 acres), with conditions as specified in the approved Development Order, as shown on page _______; as described in the proof of publication, Harling Locklin & Associates.

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

COUNTY MANAGER’S REPORT, Continued

Mr. Grace reported that the County began the Artesian Well Program in 1992 or 1993 and since that time has plugged 229 of the wells. He said there are only two in the backlog inventory still to be done.

Chairman Van Der Weide stated he thinks staff should give a press release on this matter.

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There being no further business to come before the Board the Chairman declared the meeting adjourned at 9:07 p.m., this same date.

ATTEST_______________________Clerk______________________Chairman

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