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 Sandy McCann

Reverend Mark Elliott, Holy Trinity Greek Orthodox Church of Greater Orlando, Maitland, gave the Invocation.

Commissioner Maloy led the Pledge of Allegiance.

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Commissioner Morris requested the Board move Item #45, Economic Incentive Request up for consideration after the County Wicklow welcome. The Board voiced no objections to same.

Director of Tourist Development, Jack Wert, addressed the Board to introduce the following delegation from County Wicklow, Ireland: County Chairman Pat Doyle; Counselor John Byrne; Counselor George Jones; Counselor Michael Lawlor; Counselor Pat Vance; County Manager Eddie Sheehy; and businessman Michael Lynham.

County Wicklow Chairman, Pat Doyle, addressed the Board to state County Wicklow and Seminole County have been twinned for about ten years. He said this has assisted them with issues such as fire & emergency rescue, economic and tourism development, and sports. He said this is his first visit to the United States and he has been very impressed, especially with Seminole County and the way they have been treated. He extended an open invitation for the Chairman, Commissioners and the County Manager to visit County Wicklow. He expressed his appreciation for the Board's hospitality extended to them and presented Chairman Van Der Weide with a crystal vase and individual gifts to the Board from County Wicklow.

Commissioner Morris stated the twinning with County Wicklow has been a model for other twinnings. He expressed his pleasure with meeting everyone and said he hopes they visit again soon.

Commissioner Henley expressed his delight in meeting the delegation this weekend for dinner; and stated he looks forward to continuing this relationship with County Wicklow.

Commissioner McLain stated he may be going to London this summer and if he does, he will be visiting County Wicklow as well. He said if there is anything the Board can do to assist them, they should not hesitate to ask.

Commissioner Maloy commented that his parents visited County Wicklow last year and were very impressed. He added he hopes to make it over there some day.

Mr. Wert presented a Seminole County clock to the delegation at this time.

Economic Development Manager, Rob Nixon, addressed the Board to present request for approval of Economic Incentive Funds for Mitsubishi's Corporate Headquarters. He advised this company proposes to create 116 new jobs within the next four years. The average annual wage for the jobs created would be over $87,000. The proposed annual payroll for the facility would be over $10,000,000 per year.

Tracy Grygiel, Economic Development Commission, addressed the Board to advise Mitsubishi is a $23 billion company. She said this power system branch will be manufacturing gas turbines. She stated the company is looking to move their corporate headquarters to the Lake Mary/Heathrow area. She advised that if awarded, the Economic Development Trust funds would be used to access the State's QTI Program. The award would represent 20% local participation. The total State contribution will be $464,000. The total QTI award (State & local) would equal $580,000.

Hector Ponce, Vice President of Mitsubishi, addressed the Board to express his appreciation for the support the County, Economic Development staff, and Governor Bush have given them. He stated Mitsubishi's power organization is involved in infrastructure projects all over the world.

Commissioner Henley stated this is the type of employment they want to make available to the citizens of the County.

Commissioner Morris stated the phenomenal growth of this Company has been remarkable.

Motion by Commissioner Morris, seconded by Commissioner Henley to approve Economic Incentive Funds for Mitsubishi Heavy Industries America Headquarters to be located in the Lake Mary/Heathrow area; and to adopt appropriate Resolution #2001-R-45, as shown on page _______, contingent upon qualification of the project and approval of by Enterprise Florida, Inc., to participate in the State of Florida Qualified Targeted Industry Tax Refund Program.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Darrell Kelley, Economic Development Commission President, addressed the Board to advise he will be leaving the Commission at the end of March and he would like to thank the Board for their support. He presented a gift to Commissioner Randy Morris for his services on the Economic Development Commission Board of Directors.

Chairman Van Der Weide expressed his appreciation to Mr. Kelley for his services on the Economic Development Commission.

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

Motion by Commissioner McLain, seconded by Commissioner Henley to adopt appropriate Resolution #2001-R-40, as shown on page _______, recognizing Jeno F. Paulucci as "Businessman of the Year" and proclaiming April 4, 2001 as "Jeno F. Paulucci Day".

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2001-R-39, as shown on page ________, designating March 17, 2001, as "St. Johns River Celebration Day".

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Mark Flomerfelt and Marie Lackey.

Mr. Flomerfelt, Stormwater Management, addressed the Board to advise they are going to unveil the Seminole County Watershed Atlas on March 17, 2001. Copy of web site page was received and filed.

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Motion by Commissioner Henley, seconded by Commissioner Maloy to adopt appropriate Resolution #2001-R-38, as shown on page _______, proclaiming the month of March as "Purchasing Month".

Districts 1, 2, 4 and 5 voted AYE.

The Resolution was presented to Purchasing Manager, Ray Hooper, and his staff who expressed his appreciation.

Commissioner Van Der Weide re-entered the meeting at this time and assumed the position of Chairman.

Motion by Commissioner McLain, seconded by Commissioner Morris to authorize the execution of Agreement, Resolution #2001-R-50 and Deeds, as shown on page ________, for the Land Exchange relating to Parcel #101, located at 1110 Douglas Avenue, Altamonte Springs, of the Markham Woods Road/SR 434/Douglas Avenue re-alignment project.

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

Attorney Steve Lee addressed the Board to advise of an update from FAC he received this morning regarding billboard legislation. He said this legislation would preempt any County regulations and would treat local billboards the same as Federal ones. Also, if a sign is removed, it would require compensation. He stated this language is in a House transportation bill.

Commissioner Henley stated he would suggest the Board contact Mr. Brantley (Lobbyist) posthaste directing him to vigorously oppose any taking of home rule.

Commissioner Morris suggested a letter be sent, under the Chairman's signature, to the Legislative Delegation opposing this bill.

The Board, by unanimous consensus, directed staff to prepare a letter for the Chairman's signature to be sent to the Legislative Delegation in opposition of the proposed billboard bill.

Mr. Lee further advised that he has heard that the proposed budget shift to require the juvenile costs to be shifted to the counties is not going to make it through the Legislature; however, funding will be reduced by $200 million. One of the proposals is to require counties to pick up one or two more days of Medicaid costs for hospitalization.

Lastly, Mr. Lee advised the election reform issue is still "bubbling" its way though the process and counties will probably either be required to have optical systems by the 2002 election or nothing will happen at all.

County Attorney, Robert McMillan, advised the Supreme Court ruled against the Payday Loan Ordinance and determined that the County does not have the authority to regulate interest rates. He stated his office has a motion that is still pending for a rehearing because the court struck the entire ordinance.

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Mr. McMillan advised that the V.I.P. Gold case has been resolved in the Fifth District Court of Appeals in the County's favor.

County Manager, Kevin Grace, introduced the new Public Works Director, Gary Johnson, to the Board.

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Commissioner Maloy stated he has several questions on Item #32, Request to advertise the proposed Seminole County Trails Protection Ordinance.

Mr. Grace stated he will pull this item and determine if a briefing or work session is needed.

Commissioner Maloy pulled Item #20, BCR #01-59, funding for the United Arts of Central Florida, for a separate vote.

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

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

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Motion by Commissioner Morris, seconded by Commissioner Henley to approve BCR #01-59 in the amount of $75,000, Fiscal Services, Budget, Fund: 00100, General Fund, to fund United Arts of Central Florida as approved by the Board on February 27, 2001 (This funding is for FY 2000/01 - an additional $25,000 will be paid in FY 2001/2002).

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

CONSTITUTIONAL OFFICERS' REPORTS

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

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

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The Board noted, for information only, the following Clerk's "received & filed":

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize expenditure in the amount of $13,000 from the Law Enforcement Trust Fund to provide funding for the "Good Student Incentive Program" for Seminole County High Schools and the Seminole Community College Scholarship Program.

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

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The Board, thereupon, recessed at 10:40 a.m., reconvening at 10:49 a.m., this same date.

Public Works Administrative Manager, Pam Hastings, addressed the Board to present request for waiver to provisions of the Seminole County Road Maintenance and Construction Policies with regard to the acceptance of Old Grove Lane. She advised the homeowners have requested the County accept the currently unpaved roadway for maintenance. The property owners proposed to provide up-front funds to cover estimated costs for various services relating to the conveyance of an easement and the County's upgrade of the road through the application of an asphalt (hot-mix) surface. She further advised that the County Attorney's Office is preparing a letter to address concerns raised by one of the property owners. She stated the homeowners intend to dedicate a 40' road easement, revised from the 21' width previously proposed. In addition, they intend to include dedications from Lots 2 and 12, abutting the County-maintained road of Grove Street and a County-installed drainage structure. These dedications would clear up existing public use of an easement/right-of-way not previously deeded to the County.

Commissioner Henley stated he has been meeting off and on with the homeowners for about a year now. He said this road was included on the list of roads to be paved; however, it was discovered that the County did not own the road. He said that the County has been maintaining approximately 25% of the road since 1974. He stated he would recommend granting the waiver to the County policies based on the following: the homeowners have agreed to up-front the cost; the County has already gotten a permit from St. Johns River Management District; and that paving would reduce the sediment going into Lake Marion.

Motion by Commissioner Henley, seconded by Commissioner Morris to grant waiver to provisions of the Seminole County Road Maintenance and Construction Policies; and to proceed towards acceptance of Old Grove Lane based upon the agreements as identified.

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

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Betsy Cohen, Purchasing, addressed the Board to present request for Board direction with regard to Auditing Services for Seminole County Government and Constitutional Offices.

Commissioner Henley stated in reviewing the submittals, he is not sure they are comparing apples to apples. He said he is concerned with the hourly rates and the difference between submittals. He stated he would like staff to look at this and at this point he does not want to approve the contract, but to have it brought back to the Board for further review. He added that he does not have a problem with ranking the firms and having staff negotiate a contract, but he wants the contract to be brought back to the Board.

The Commissioners voted for their number one choice on the back of their business cards.

Mr. McMillan announced the Board voted unanimously to rank KPMG LLP as the number one ranked firm.

The Commissioners then voted for their number two choice.

Mr. McMillan announced that Commissioners Maloy, Morris and McLain ranked Ernst & Young, LLP as number two; and Commissioners Van Der Weide and Henley ranked Berman Hopkins Wright & LaHam, CPAs, LLP as their number two choice.

Business Cards were received and filed.

Motion by Commissioner Henley, seconded by Commissioner McLain to rank firms to provide Auditing Services for Seminole County Government and Constitutional Office as follows: (1) KPMG LLP; (2) Ernst & Young LLP; and (3) Berman Hopkins Wright & LaHam, CPAs, LLP; and to instruct staff to negotiate with the firms in the order selected for the purpose of determining the hourly rates break down and in an attempt to lower those rates, with the contract to be brought back to the Board for approval.

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

Executive Director of LYNX, Byron Brooks, addressed the Board to give a PowerPoint presentation (copy received & filed) reviewing the current service performance, funding allocation, and update on the major mass transit projects in Seminole County and the region.

Commissioner Morris expressed his concern with the proposed Eustis route study, stating he believes this is a tragic waste of money.

Discussion ensued with regard to the negotiations with CSX Railroad to use their right-of-way.

Commissioner McLain stated he supports Congressman Mica's initiative. He stated Seminole County is subsidizing each trip by 70% and he questioned how Seminole County's subsidy per rider compares with Orange County's subsidy. Mr. Brooks stated he does not have that information with him, but he will provide that to the Board.

Commissioner Henley stated he believes a targeted survey should be done at the population centers, such as UCF and the mall. He said he does not believe a random study will provide the necessary information.

Chairman Van Der Weide stated he believes Mr. Brooks is doing a good job. He commented that if LYNX is going to meet riders' schedules, they will have to have buses run more frequently. He thanked Mr. Brooks for his presentation.

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Mr. Grace requested the Board, due to the lateness of the hour, continue the briefing item relating to the Seminole County Advanced Traffic Management System/Countywide. He stated he will bring this item back to the Board at the March 27, 2001 meeting. The Board voiced no objections.

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The Board, thereupon, recessed at 11:55 a.m., reconvening at 1:33 p.m., this same date with all Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Motion by Commissioner Henley, seconded by Commissioner Morris to accept proofs of publication for this meeting's scheduled public hearings.

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

Continuation of a public hearing to consider request to Vacate and Abandon a portion of right-of-way known as Old Orlando Road; 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.

Mahmoud Najda, Development Review Manager, addressed the Board to advise this item was continued from the February 13, 2001 meeting due to additional information that came up. He stated there might be two potential uses for this property in the future. One use is for stormwater retention when Highway 17-92 is widened and the other use could be for a park-and-ride for a Lynx facility. Staff is recommending denial of the request.

Jerry McCollum, County Engineer, addressed the Board to state staff addressed concerns relative to why the County would want to give up this right-of-way when they will be six-laning 17-92 in the future.

Kimberly A. Buchheit, representing the applicant, addressed the Board to state she has done a lot of research on this project. She displayed a copy of a survey with the proposed right-of-way being highlighted. She submitted a history and timeline of Old Orlando Road. She displayed and reviewed the following: A 1928 Right-of-way Plat; 1955 Right-of-way Map showing the realignment parcel and existing right-of-way; 1965 Right-of-way Map showing the new realignment; a tax map of the late 1980’s; and a survey performed of the property in early 1990’s. She stated that does not show the right-of-way. She stated the boundary survey performed in 2000 does not appear in the title work. All plats, maps, and surveys were received and filed.

Upon inquiry by Commissioner McLain, Ms. Buchheit advised the right-of-way has not been recognized and it hasn’t been used as a right-of-way since 1965.

Commissioner Morris stated Ms. Buchheit is asserting that there is no record that this right-of-way has been vacated. He stated the information she has given relative to whether or not it was taxed hasn’t anything to do with this Board’s authority. Discussion ensued between the Board and Ms. Buchheit relative to the tax issue.

Upon inquiry by Commissioner Morris, Mr. McMillan advised the tax issue is irrelevant to the title. The way to determine ownership would be through quiet title action through the Circuit Court. He stated this hearing is based on the presumption that it is a road and it should be vacated. The County is asserting ownership of the road, therefore, the real question is whether there is a reason to vacate it and does the County have a need for it.

Commissioner McLain stated one issue that the Board needs to take into consideration is staff has indicated that this right-of-way will be used for future stormwater or a park-and-ride. He stated it would be more useful if the County and the applicant work out an arrangement to where the right-of-way would be more useful to the County and more useful to the applicant by realigning it and maybe doing a property swap.

Commissioner Henley stated staff has given their reasons for not vacating this right-of-way and he would like to hear from Ms. Buchheit why she feels the County should give up this property.

Ms. Buchheit stated the right-of-way hasn’t been used for any purpose since 1965 and it seems that it was abandoned at that time. Ms. Buchheit said when the current realignment was done, she reviewed the maps and deeds and that old right-of-way doesn’t show up and it isn’t reflected in the acreage that is given for the remainder of the back. That acreage is 8.6 on the remainder, and if the County believes they own that right-of-way, it should have been 8.443.

No one spoke in support or in opposition.

Speaker Request Form was received and filed.

District Commissioner Morris stated this right-of-way shows on the tax maps and right-of-way plats. The issue here is this is almost 4/5 of an acre of public land and it has identified value. He stated confusion has arisen for years and history has gone back since 1928.

Motion by Commissioner Morris, seconded by Commissioner Henley to deny request to Vacate and Abandon a portion of right-of-way known as Old Orlando Road; 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.

Pam Hastings, Administrative Manager, addressed the Board to display and review the PowerPoint presentation of the State Roads component. She advised the resulting County 1-cent share of the following seven projects: SR 434, SR 415, U.S. Highway 17-92 from the Orange County line to Lake of the Woods Blvd., U.S. Highway 17-92 from Shepard Road and Lake Mary Blvd, U.S. Highway 17-92 & SR 436, and SR 436 & Red Bug Lake Road, is $101.9 million. She reviewed the five State road projects that are being proposed for 50% match. She stated the County transportation-related needs not addressed are $44 million towards completion of unincorporated area local sidewalk gaps, $40 million for additional future arterial enhancements and $20 million for subdivision retrofits. She said staff is requesting direction so that they may proceed with the seven cities and the School Board to present a final package for official action over the next three months towards a tentatively scheduled September 4 referendum.

Jerry McCollum stated all of the State roads are failing except for 17-92 from Shephard to Lake Mary Blvd. He reviewed the five roads being proposed.

Upon inquiry by Commissioner Morris, Mr. McCollum advised to do SR 434 and the Red Bug Road project, the total cost would be about $110 million. He stated he believes that would include the matching numbers as well.

Upon further inquiry by Commissioner Morris, Mr. Grace advised the current estimates for the courthouse bonding range substantially above $44 million, but staff is hoping to get it back down to the mid $40’s.

Commissioner Morris stated the Courthouse is a countywide issue, but not a popular one. He stated the $3 million debt service would save the County a tremendous amount of money on the Courthouse.

Commissioner Maloy stated he would hate for the County to move forward on a tax proposal to the voters and if it is approved, the County turns around and raises taxes for other issues. He said he feels it needs to include more County responsibilities and agrees with the criminal justice system. The other concern he has is double taxation when they are paying gas tax and sales tax to the State for road improvements. He said he would like to see more money paid back from the State if the County up fronts the road projects.

Commissioner Henley stated he feels the County has a somewhat obligation to fulfill a commitment that they made with all of their partners. Each of the municipalities came forth with a significant amount of needs for the sales tax. After many hours of discussion, they agreed that the public would support those issues. He stated he would be reluctant to fund without assurance of payback.

Commissioner McLain stated he feels the County is spending too much money on the Courthouse and he proposed putting a spending cap on it earlier. He stated he doesn’t see the County using the sales tax as a vehicle for that. He said the way he looks at the County funding State roads is the County has had a one-cent sales tax program to keep the transportation plan as current as possible. He stated he is not willing to sit back and let the State of Florida mismanage funds when the counties need the money for their road system. The counties need to build these roads and expect the State to give them the money back. He added he feels the transportation alternatives should be provided and the County should fix the problems whether they are State or local roads.

Commissioner Maloy stated he has a problem with a tax increase proposal when over half of it goes with uses that do not include responsibilities. He stated he doesn’t think the Board has had any long discussions or given direction on this. Discussion ensued.

Motion by Commissioner McLain, seconded by Commissioner Henley to direct staff to move forward with the State road component and to negotiate with the City Managers and Mayors and the School Board with a caveat to place a contingency list as a backup.

Under discussion, Commissioner Morris stated he will be voting against the motion for reasons previously stated. He stated he supports presenting this item to the voters but not as it is being submitted.

Commissioner Maloy stated he will not be supporting the motion as well. He said he supports going to the voters for a tax increase, but as a County authorized tax, he thinks this should include a lot more County responsibilities.

Districts 3, 4 and 5 voted AYE.

Commissioners Maloy and Morris voted NAY.

Chairman Van Der Weide stated he is appointing Commissioner McLain as liaison to the St. Johns River Water Management District effective immediately. A letter from the St. Johns River Water Management District requesting the Board to designate a liaison to their District was received and filed.

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

1. Agenda for City of Oviedo City Council Meeting of Monday, March 5, 2001. (cc: Board, County Manager, DCMs)
2. Letter dated February 28, 2001, from the Central Florida Sports Commission transmitting the January, 2001, Activities Report. (cc: Board)
3. Letter dated February 27, 2001, from Diane Pickett, Time Warner Communications, Re: New channel addition, channel relocation and additional HDTV programming. (cc: County Manager, Cable Franchising Coordinator, Jerry Martin, Time Warner, Board)
4. Memorandum from Terry L. Schenk, Fire Chief, Department of Public Safety, to the Chairman, County Manager, Deputy County Manager, Director of Public Safety, Re: Burn Ban. (cc: Board)
5. Facsimile dated February 27, 2001, from Harry B. Buffkin, Jr., transmitting copy of E-mail received from the Seminole County School Board. (cc: Board)
6. Copy of letter dated February 23, 2001 (corrected) from Lonnie N. Groot, Shutts & Bowen LLP, to Ray Hooper, Purchasing Manager, Re: Comments Relative to Agenda Item Relative to Agenda Item. (cc: Board, County Manager, County Attorney, Dennis Sharp, Dan O'Keefe, Esq.)
7. Revised Board of County Commissioners Liaison Appointment List for 2001 (cc: Board, County Manager, DCMs)
8. Letter dated March 1, 2001, from the Chairman to Cindy Gennell, Chairman, Council of Local Governments, advising of appointment of Commissioner Maloy as liaison and Commissioner McLain as alternate to CALNO. (cc: Commissioners Maloy and McLain)
9. Copy of Memorandum dated March 2, 2001, from Robert B. Zaitooni, P.E., County Traffic Engineer, to Commissioner Carlton Henley, Re: Road Humps on Eastbrook Boulevard. (cc: Board, Jim Marino, Deputy County Manager)
10. Letter dated February 27, 2001, from Jon M. and Wanda G. Knight to the Board Re: Rezoning Approval, Wekiva Park Planned Unit Development. (cc: Board)
11. Letter dated February 28, 2001, from Frederick H. Nelson, Esq., American Liberties Institute, Re: Solitary, Inc., d/b/a VIP Gold vs. Seminole County, FL, U.S. District Court Case No.: 6:97-cv-1511-Orl-22B/Ref. No.: 99-01-05-89 (Seminole 9)(cc: Board, County Attorney, County Manager, DCMs)
12. Letter dated February 27, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, to Kevin Grace, Seminole County Manager, transmitting a copy of adopted Ordinance No. 3619 annexing 2.23 acres of property lying between Twin Lakes Road and Hughey Street, and between Rinehart Road and Oregon Avenue South. (cc: Property Appraiser, Planning & Development)
13. Letter dated February 27, 2001, from Janet R. Dougherty, CMC, Sanford City Clerk, to Kevin Grace, Seminole County Manager, transmitting a copy of adopted Ordinance No. 3625 annexing .22 acres of property lying between Briarcliffe Street and Sarita Street and between Marshall Avenue and Mohawk Ave. (cc: Property Appraiser and Planning & Development)
14. Agenda for the Sanford Airport Authority Board Meeting of Tuesday, March 6, 2001.
15. Use Permit to Control Agricultural Damage dated February 15, 2001, from the Florida Fish and Wildlife Conservation Commission.
16. E-mail dated February 26, 2001, from Stella Bourassa, CITE, Re: Requesting support for SB 256. (cc: Board, Seminole County Legislative Delegation)
17. E-mail dated February 26, 2001, Opposing Proposed Duke Weeks Development. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director, Comp. Planning)
18. E-mail dated February 26, 2001, from Bob and Linda Thompson opposing proposed Duke Weeks Development. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director, Comp. Planning)
19. Letter dated February 23, 2001, from Kim Kraft, PTA President, Wicklow Elementary School, requesting reauthorization of the one-cent sales tax. (cc: Board, County Manager, Public Works)
20. Copies of letters dated February 26, 2001, from Commissioner Randall C. Morris to Mervin Warner and Kevin Billings regarding meeting held for discussion of the Reserve at Tuskawilla. (cc: Board, County Manager, Planning & Development Director, Deputy County Attorney, Planning Manager)
21. Copy of letter dated February 26, 2001, from Carol Fottler with attached letter to Commissioner Morris Re: Clearing of parcels of land and recent meeting regarding same. (cc: Board)
22. Copy of letter dated February 22, 2001, from Carol Landry-Fiske to Terry Schenk, Chief Fire Administrator, expressing appreciation for actions taken by Seminole County personnel after accident that occurred on January 17, 2001 and attached response letter from Chief Schenk to Ms. Landry-Fiske.
23. Copy of letter dated February 26, 2001, from J. Suzy Goldman, Library & Leisure Services Director, to Mr. and Mrs. Robert Jones, expressing appreciation for donation of $45.00, to be used for purchase of books for the Northwest Branch Library.
24. Contracts, as shown on page ________, for Services between Seminole County Parks and Recreation Division and the following: Michael Richards, G. Wayne Culver, Daniel Hernandez, John Parisi, Ruth King, John Best, Stanley Ransom, Sr., Rafael A. Rasado-Rasado, Richard Zywica, Donna Jones, Brad Jones, Daniel McGinty, Peter Speroni, Gerald F. Meter, Eric Rodriguez, Austin Miller, Robert A. Jackson, Dawn Rowland, Kenneth Rowland, Edward Rodriguez, Michael Rodriguez, Nicholas M. Raviele, Suzanne Winston, Jorge Fernandez.
25. Letter dated March 9, 2001, from Nancy Christman, Intergovernmental Coordinator, St. Johns River Water Management District, requesting that a Commissioner be designated as liaison to the District. (cc: Board, County Manager, Henry Dean, Executive Director, SJRWMD)
26. Letter dated March 8, 2001, from Michael Snyder, P.E., District Secretary, Florida Dept. of Transportation, Re: Seminole County 1-cent Sales Tax. (cc: Board, County Manager, DCM/Marino, Public Works)
27. Letter dated March 8, 2001, from Harold W. Barley, Executive Director, MetroPlan, Re: 1-cent sales tax. (cc: Board, County Manager, DCM/Marino, Public Works)
28. Letter dated March 2, 2001, from William C. Hanner, Project Manager, Cameo Development Corp., to Property Owners Re: Community meeting to the held at the Riverwind Apartments on March 8, 2001, Re: Revised conceptual design for proposed paved parking lot to be located on the south end of Boland Drive. (cc: Board, DCM/Chandler, Planning & Development Director, Comp. Planning)
29. Letter dated March 7, 2001, from William C. Hanner, Project Manager, Cameo Development Corp., Re: Rezone request from R-1AA (Single Family Dwelling District) to R-1A (Single family Dwelling District) (cc: Board, DCM/Chandler, Planning & Development Director, Comp. Planning)
30. Copies of letters dated February 26, 2001, from Adam A. Dionna, Seminole County Historical Commission, to Charlie Christ, Commissioner, Dept. of Education; Governor Jeb Bush, Governor; Katherine Harris, Secretary of State; and members of the Seminole County Legislative Delegation, Re: Reinstatement of Special Category Grant; Museum of Seminole County History; Support of Grant Funding for $250,000. (cc: Linda Batman, Chair, Seminole Co. Historical Commission, Susan Goldman, Director, Seminole County Library & Leisure Services, Board)
31. Letters dated February 28, 2001, from Clayton H. Wilder, Community Program Administrator, FDLE, acknowledging receipt and acceptance of all financial and programmatic reports applicable to various projects. (cc: Board, Fiscal Services, Sheriff's Office)
32. E-mail dated March 6, 2001, from Franklin Perez to Carrigan Homeowners Association in support of Riverwind Apartment parking proposal. (cc: Board, County Manager, DCM/Chandler, Planning & Development Director, Comp. Planning Manager)
33. Letters and e-mails from the following opposing the proposed Riverwind Apartment parking proposal: John Crosby, Charlotte Carver, Bob & Betsy Walton, John W. Jeannette. (cc: Board, County Manager, DCM/FC, Planning & Development Director, Planning Manager)
34. Letter dated March 5, 2001, to the Board from Libby Saegebarth on behalf of the Lake Brantley High School PTSA, expressing support for the extension of the current penny sales tax for additional ten years. (cc: Board, County Manager, DCM/Marino, Public Works)
35. Letter dated March 5, 2001, from Susan Mortenson for Bob Nunnery, Senior Vice Commander, VFP Post 10139, to the Board, requesting exemption/waiver of dumping fees for tree stump removal (cc: District Commissioner Maloy, DCM/Marino, Environmental Services/response)
36. Letter dated February 28, 2001, from Clayton H. Wilder, Community Program Administrator, FDLE, to the Chairman confirming receipt and acceptance of financial and programmatic reports applicable to project 00-CJ-D8-06-69-01-063/Community Justice Coalition - Neighborhood Enhancement & Eradication of Drugs I. (cc: Sheriff's Office, County Manager, Fiscal Services)
37. Letter dated March 6, 2001, from D. Ray Eubanks, Community Program Administrator, Department of Community Affairs, to the Chairman acknowledging receipt of copies of County's Small Scale Development Plan Amendment adopted by Ord. No. 2001-03 on January 23, 2001. (cc: Sandra Glenn, ECFRPC, Director, Planning & Development, Board, County Manager, DCM/Chandler, Comp. Planning)
38. Letter dated February 27, 2001, from Alejandra Nieto, Deputy Counsul General, to the Chairman, expressing appreciation for correspondence in reference to office space for Argentine Consulate or Trade Office at Orlando City Hall. (cc: Board, County Manager)
39. Letter dated February 21, 2001, from Ronald Lang, SAC Chairperson, Lake Brantley High School Advisory Council, expressing support for continuation of current penny sales tax for additional ten years. (cc: Libby Saegebarth, SAC Secretary, Board, County Manager, Public Works)
40. Copy of Memorandum dated March 8, 2001, from Henry M. Brown, Assistant County Attorney, to Jerry McCollum, County Engineer, Re: Director Pay Request Re: Seminole County v. Grace Properties, No. 7. (cc: Board, County Attorney, Purchasing Manager)
41. Local Government Monthly Mailer for the Month of March, 2001, from the St. Johns River Water Management.
42. Letter from Janet R. Dougherty, CMCF, City Clerk, City of Sanford, dated March 5, 2001, to the County Manager, transmitting copy of Ordinance No. 3624 annexing 263.8 acres of property lying between Moores Station Road and Kentucky Street and between Richmond Ave. extended southerly and Beardall Avenue. (cc: Property Apprasier, Planning & Development, John Dwyer)
43. Copy of Memorandum dated March 7, 2001, from Henry Brown, Assistant County Attorney, to Jerry McCollum, County Engineer, Re: Direct Pay Request/Seminole Co. v. Grace Properties, No. 7, Ltd., et al/Expert Witness Procurement. (cc: County Attorney, Board, Purchasing and Contract Manager)
44. Notice of Public Hearing to be held by the City of Oviedo to be held on Thursday, March 15, 2001, to consider Conceptual Development Plan and Development Agreement for the proposed River Oaks Reserve Planned Unit Development. (cc: Board, County Manager, DCM/FC, Planning & Development Director, Planning Manager)

Commissioner Van Der Weide stated he is recommending appointing Tracy Rackensperger to the Disability Advisory Council and Mark Lammert to the Natural Lands Committee.

Motion by Commissioner Maloy, seconded by Commissioner Henley to appoint Tracy Rackensperger to the Disability Advisory Council and Mark Lammert to the Natural Lands Committee.

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

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Chairman Van Der Weide explained for Commissioner Morris what a liaison will be doing for the St. Johns River Water Management District.

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Commissioner Henley stated he received phone calls regarding an action taken by the Board of Adjustment (BOA) recently. He stated he watched the TV broadcast and was surprised at the action they had taken with regard to the Jai Alai ground sign variance. Jai Alai presented a request to redesign their sign for 21-1/2 ft. and the code calls for 15 ft. He said his understanding is the BOA was to identify a hardship before granting a variance. Without identifying a hardship, a motion was made to approve the variance with the stipulation that it would be with that sign specifically. He said if ownership of that land is changed, they would have to go through the same process.

Motion by Commissioner Henley, seconded by Commissioner McLain to authorize staff to bring back the Jai Alai sign variance request approved by the BOA, for reconsideration by the BCC.

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

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Commissioner Henley stated the Board has received two audits done by the Clerk of Court, one relates to the Tuition Refund Program and the other relates to Shenandoah Village. He stated it appears to him that Shenandoah Village has not been dealing with the County fairly and they owe the County some money. He said he would like the County Manager to check this out and report back to the Board. He added they have shorted the County $50,000. He stated he would also like to know what progress has been made with resolving the Tuition Refund Program.

Mr. Grace stated the Shenandoah issue doesn’t appear to be as severe as the audit indicates. He stated staff has sent a letter to them indicating that they owe the County several thousand dollars. He said he will follow-up with the Board by sending them a memorandum indicating how that situation stands. He stated the audit pointed out some weakness in the Tuition Program and actions have already been taken to correct those.

Chairman Van Der Weide recommended that the County Manager provide a written synopsis of what has been found at the next meeting as a briefing item.

Mr. Grace stated he will provide the Board with a memo between now and the next meeting. He stated anytime an audit reported is submitted, he will do a post-audit response and copy the Board on it.

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Commissioner Maloy recognized Boy Scout member Tony Deal and his mother Sondra in the audience.

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Motion by Commissioner Maloy, seconded by Commissioner Henley to appoint Dr. Linda Russow to the Seminole County Historical Commission for a two-year term ending January 1, 2003; and adopt appropriate Resolution #2001-R-48, as shown on page ________, in appreciation of services rendered by Louis Joachim on the Historical Commission.

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

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Commissioner Morris informed the Board that the Boy Scout fundraiser is in three weeks.

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The Board recessed the meeting at 2:50 p.m., reconvening at 7:06 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a Special Exception for a private pre-school with up to 150 students; property located on the west side of Markham Woods Road, approximately 1-2/5 miles north of Lake Mary Boulevard, Dan Wallace/Nobel Learning Communities, received and filed.

County Manager, Kevin Grace, advised the applicant has requested a continuance to April 10, 2001.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Henley, to continue to April 10, 2001, the Appeal against the Board of Adjustment in denying a Special Exception for a private pre-school with up to 150 students; property located on the west side of Markham Woods Road, approximately 1-2/5 miles north of Lake Mary Boulevard; as described in the proof of publication, Dan Wallace/Nobel Learning Communities.

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

Mr. Grace asked Chairman Van Der Weide to consider the other request for continuance at this time.

Proof of publication, as shown on page _______, calling for a public hearing to consider Rezoning from A-1 (Agriculture), C-1 (Retail Commercial) and PUD (Planned Unit Development) to PCD (Planned Commercial District); property described as 20.26-acre parcel, located north of SR 46 and west of CR 15, Westlake Supercenter Partners, received and filed.

Chairman Van Der Weide stated the applicant has requested a continuance of this hearing to March 27, 2001 (copy of letter from Attorney Ken Wright was received and filed).

Commissioner McLain advised Attorney Lonnie Groot, Shutts & Bowen, that he would not be able to attend the meeting on March 27 as he will be out of town. He asked if he wished the Board to schedule the hearing for the afternoon public hearing on March 27 or wait until he is available at the next meeting of April 10, 2001.

Mr. Groot stated he would like the opportunity to contact Mr. Wright and address that question later in the meeting.

Continuation from February 27, 2001, of a public hearing to consider an Appeal against the Board of Adjustment in denying a side street setback variance to 10 feet in lieu of 15 feet for a proposed family room addition to their existing residence; property located at the southwest corner of Seminole Avenue and Grove Avenue, ¼ mile east of Tangerine Avenue and south of Howell Branch Road, James and Carla Bruton.

Ginny Markley, Principal Zoning Coordinator, addressed the Board to state the County Traffic Engineer has reviewed this request and found there would be no problem with sight obstructions with the 15-foot side street setback. She reviewed the standards for granting a variance. She advised the staff concurs with the decision of the Board of Adjustment to deny based on the following: (1) The granting of the variance would confer on the Appellant special privileges that are denied to others in the same R-1 zoning classification. All the houses on the same street, Grove Avenue, have a minimum setback of 25 feet from their front property line or side street; (2) The hardship resulted from the actions of the Appellant. The setback requirements were in affect at the time that the Appellant purchased the property. The County did not change the regulations by making the setback requirements more restrictive but instead the setback requirements were lessened by the adoption of a 15-foot side street setback requirement providing that the addition does not create a sight obstruction; and (3) The variance requested is not the minimum variance that would make possible the reasonable use of the land. The County is not denying the Appellants the use of their land. The Appellants could instead construct a 20-foot by 39-foot family room addition without the necessity of a variance. Therefore, staff is recommending the Board deny the appeal of the Board of Adjustment’s decision.

James and Carla Bruton, Appellants, addressed the Board to show pictures (received and filed) of how the property lies, how it was when they purchased it and what they have built on the property. Mrs. Bruton stated there is no room at all on the left side of the property to build out and there is no way to put a living room on the back of the house of the established bedrooms without redoing the interior of the home. She said the oak trees are an already established vegetation screen. She said the neighbors don’t object and welcome the improvement. Three letters from the neighbors were received and filed into the Record.

Commissioner McLain asked why would the 20 by 39-foot room not work. Mrs. Bruton answered that by eliminating the five feet would take 200 square feet out of the room, and they have structures that they created the room around.

Commissioner Morris explained what happens when a precedent is set and other neighbors follow for the same approval. He advised that the Board has the power to waive the fees, other than advertising, that the appellants have paid.

Upon inquiry by Commissioner Maloy, Mrs. Bruton said she had not seen before the standards for granting a variance.

Upon further inquiry of staff, Ms. Markley stated she will immediately add the standards to the application for applicants to see when they come in.

Commissioner Maloy asked the Brutons about bringing the room addition forward and then they could make up the 200 square feet. Mr. Bruton answered that the septic tank drain fields are in the front of the property so they could not do that.

No one else spoke in support or in opposition.

District Commissioner Maloy stated he hates to do this, because he doesn’t think this would cause that big of an impact, but looking at the rules, the request doesn’t pass the rules test and he has to agree with the staff recommendation.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve the Denial Development Order, as shown on page _______, denying the Appeal and, thereby, upholding the Board of Adjustment in denying a side street setback variance to 10 feet in lieu of 15 feet for a proposed family room addition to their existing residence; property located at the southwest corner of Seminole Avenue and Grove Avenue, ¼ mile east of Tangerine Avenue and south of Howell Branch Road; as described in the proof of publication, James and Carla Bruton; and refund of application fees, minus the advertising fees.

Under discussion, Ms. Markley clarified that the refund is for the appeal fees and application fees to the Board of Adjustment.

Commissioner McLain stated when citizens come in, staff should take the time and explain the applicants are going to have to overcome some issues and make sure they understand the difficulty.

Mr. Grace said he thinks this should be in the application. Commissioner Morris said to also include in the application a definition on hardship.

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

Mr. Grace requested, per staff, that the Chairman consider Item #54 before #53 at this time as it needs to be accomplished first.

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance to amend Ordinance #99-10 for the Genova Drive Water Service Municipal Service Benefit Unit, received and filed.

Lin Polk, Fiscal Services, addressed the Board to request approval to amend Ordinance #99-10.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve and authorize the Chairman to execute Ordinance #2001-10, as shown on page _______, amending Ordinance #99-10 for the Genova Drive Water Service Municipal Service Benefit Unit.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution establishing final assessments for the Genova Drive Water Service Municipal Service Benefit Unit, received and filed.

Ms. Polk presented the request for the resolution establishing final assessments.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt appropriate Resolution #2001-R-46, as shown on page _______, establishing final assessments for the Genova Drive Water Service Municipal Service Benefit Unit; as described in the proof of publication.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance repealing Ordinance #2000-54 for the purpose of dissolving the Ridge High Street Lighting MSBU; and request approval to refund all assessments collected, received and filed.

Ms. Polk presented the request. Upon inquiry by Commissioner Henley, she explained the history of the Ridge High Street Lighting MSBU and events leading up to the request for dissolving of the MSBU as provided in the staff report.

Commissioner McLain asked how can this be prevented from happening again. Ms. Polk stated in discussing this with the County Attorney’s Office, the staff is to look into an agreement between the County and power company to address the specific needs.

Commissioner Morris complimented Ms. Polk for an excellent presentation of this complex situation.

Timothy Hare, 2168 Ridge Drive, speaking for his mother Mary Hare, addressed the Board to state he opposes this action. He said the street lights that already exist on Linden Road are wired overhead and have been so since he was a child. He said all the homes in the neighborhood are wired overhead and he sees no aesthetic problem with these being overhead. He said that in any way they can, they would like to have street lights in their neighborhood.

Allen Thatcher, 2177 Ridge Drive, addressed the Board to state he is opposed to this amendment because of the safety issue which will be created by this neighborhood being in the dark. He said he would like street lights as originally planned and engineered by Florida Power & Light. The lights would be an improvement and beneficial to the neighborhood.

Upon inquiry by Commissioner Morris, Mr. Thatcher said he thinks once people found out the lights would not go through their back yards but in front of their houses, that’s why 55% opposed the street lights. He doesn’t think the power lines in front of their houses would decrease any value of the neighborhood, as it is a very modest neighborhood.

Upon inquiry by Chairman Van Der Weide, Jennifer Bero, Fiscal Services, addressed the Board to state there is an opportunity to come back with a new petition and start over after dissolving this MSBU request.

Commissioner McLain discussed with Ms. Bero how the petition process was handled, which Ms. Bero said was done door-to-door. Commissioner McLain said he thought the petitions were sent in the mail. He said it’s easy to go out and sell the case door-to-door as to why you should or should not put in street lights.

Upon inquiry by Commissioner Morris of what prevents the County from going ahead even though one or two people won’t give easements, Ms. Polk showed a sketch and explained where the street lights would be, the location of those residents who would not give the easements for the street lights, those being affected by crossing the street to put in the lights, and properties of those in favor of dissolution of the MSBU.

Bruce Wiley, 2264 High Street, addressed the Board to state he was the one who originally took the petition around. He said he was not trying to do a sales job but wanted to find out what everybody wanted to do. He reported on the events that took place since that time. He said he thinks it is on Linden Road where they didn’t have the right-of-way and that is where everyone parks their cars. It is a very dark street, and it is a dark neighborhood with lots of children. He said he thinks there was a sales job done to stop the MSBU. He asked that the $100 charged to form the district be refunded to the neighborhood association if the request to dissolve is granted.

Upon inquiry by Commissioner Maloy on whether a new petition would have the opportunity of being passed, Mr. Wiley said they could go back and forth on this. He said he thinks mailing the petitions would be the right thing to do rather than having people go out in a case like this.

Mary Hare, 2168 Ridge Drive, addressed the Board to state she thinks one reason all the petitions were not signed to have the district is because the people were under the opinion that if they don’t go along with this, they would get the lines underground instead of overhead. Whereupon, Chairman Van Der Weide advised that would definitely change the cost of things.

Robert Rovero, 2137 Linden Road, addressed the Board to state he is in favor of getting the street lights put in. He said the woman who went around to get them to sign in opposition said if they didn’t get these lights, they would get them put in underground.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

District Commissioner Henley stated he agrees wholeheartedly that the area needs to be lighted from the standpoint of safety, but the County Attorney has pointed out some issues that have not been resolved and he doesn’t think they can resolve them without continuation of the process to get right-of-way. Also, he is not one to ignore a petition, although he doesn’t agree with what it represents. He thinks that creates creditability problems for them if the residents petition and then the Board ignores it.

Motion by Commissioner Henley, seconded by Commissioner Maloy, to adopt the Consolidated Street Lighting District Ordinance, repealing Ordinance #2000-54; and to approve refunding all assessments collected including the $100 cost to the Neighborhood Association.

Under discussion, Commissioner McLain stated he agrees with the motion, however, he was thinking it may be more appropriate if they take a 60 day continuance to keep this on the front burner and have the County prepare a petition with a plan that would work and clear up some of the misconceptions about the lines being buried, which won’t be done because of the cost.

Commissioner Henley said he had considered that, but he wants assurance that the County could give enough information about what it would be like and the details if the County resubmitted a petition to the residents. He said he was willing to withdraw his motion and move for a continuance.

Commissioner Morris stated he thinks it is important that if they continue this hearing with the motion on the floor and allow two months with it being very clear that this Board is going to dissolve the district, and clear up the facts in the meantime. He said the residents need to understand the only way the district will get reinitiated is by the citizens themselves and they would have to pay for the high cost of undergrounding.

Mr. Grace said he would feel more comfortable with a 90-day continuance.

Commissioner Morris said the Board could pick this issue back up at the second meeting in June and leave this motion on the floor. Whereupon, Commissioner Henley said he was amenable to that. The Board will leave the motion to approve the repeal on the table and will continue the hearing. Therefore, the Board is tabling the motion.

Mr. McMillan advised he thinks the second meeting in June is cancelled and is the date for the FAC Conference. Mr. Grace said the item can be heard at the first meeting in June.

Motion by Commissioner Morris, seconded by Commissioner McLain, to continue to June 12, 2001, the hearing to consider adoption of the Ordinance repealing Ordinance #2000-54 for the purpose of dissolving the Ridge High Street Lighting MSBU, and consider request for approval to refund all assessments collected.

Under discussion, Commissioner Henley said he wants the residents present to clearly understand that when the petition goes out if it does not come back favorably, it will be repealed.

Commissioner Maloy advised Ms. Bero that he thinks the citizens’ request for an MSBU should be mailed out in the future and not left at the option of the homeowners’ association liaison.

The vote on the motion by Commissioner Morris was taken and passed unanimously with Districts 1, 2, 3, 4, and 5 voting AYE.

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance to amend the variance procedure of the Seminole County Land Development Code, Chapter 90, Uniform Addressing System.

Maggie Ketcham, Building, addressed the Board to state the background history of Chapter 90. She advised the P&Z Commission unanimously approved the amended variance procedure and the staff is recommending adoption also.

Attorney Lonnie Groot addressed the Board to state he thinks all issues are being taken care of with this second revision. He expressed appreciation for the work done by staff, who were all very helpful. He urged the Board to adopt the Ordinance.

No one else spoke in support or in opposition.

Speaker Request Form for Mr. Groot was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Morris, to adopt Ordinance #2001-11, as shown on page _______, amending the variance procedure of the Seminole County Land Development Code, Chapter 90, Uniform Addressing System; as described in the proof of publication.

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

Mr. McMillan asked the Chairman to readdress Item #58 at this time.

Attorney Groot stated he has conversed with Attorney Ken Wright and he would like to have the District Commissioner present at the hearing and also to have the item come up at an evening meeting.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Henley, to continue to April 10, 2001, 7:00 p.m., or as soon thereafter as possible the request to rezone from A-1 (Agriculture), C-1 (Retail Commercial) and PUD (Planned Unit Development) to PCD (Planned Commercial District); property described as a 20.26-acre parcel, located north of SR 46 and west of CR 15; as described in the proof of publication, Westlake Supercenter Partners.

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

Chairman Van Der Weide recessed the meeting at 8:20 p.m. and reconvened at 8:40 p.m.

Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from R-1AA (Single Family Dwelling District) to R-1A (Single Family Dwelling District); property located at the southeast corner of Carrigan Avenue and Boland Drive, immediately east of SR 434 (Alafaya Trail), Riverwind Park LLP, received and filed.

Tony Matthews, Principal Planner, addressed the Board to state the applicant has held a couple of community meetings. He reviewed the steps the applicant would need to go through to get to a parking facility on the property.

Upon inquiry by Commissioner McLain, Mr. McMillan stated the Board is here to determine the appropriateness of the zoning category request.

Mr. Matthews advised staff is recommending the rezoning with staff findings that: (1) R-1A is a compatible transitional zoning between the existing C-2 zoning along SR 434 and R-1AA zoning to the east; (2) R-1A zoning is consistent with the Low Density Residential future land use designation assigned to the property; and (3) R-1A zoning is consistent with the Comprehensive Plan policies identified at this time.

Mr. Matthews reviewed the four steps the applicant would need to go through for approval of the parking facility. He advised staff has received a lot of comments on this item and received several more since the staff report was completed. He submitted these to the Board (copies received and filed).

James Baxley, representing Cameo Development, addressed the Board to ask that they accept the staff recommendation. He introduced William Hanner, Project Manager, and John Frith, Project Engineer. Mr. Banner said they would like to defer most of their comments until after hearing from the audience. He said they are prepared to give a presentation on the parking design. Whereupon, Chairman Van Der Weide said that is not germane to the issue now.

Franklin Perez, 598 Carrigan Woods Trail, addressed the Board to state he is in favor of private property rights and he thinks the individual who wishes to create the parking lot on Boland Drive should be given that right. He said the owner knows what’s best for his property. He said they currently have a parking lot on the wooded area and he has not seen any significant traffic problems. He said it probably would be safer to have the parking on Boland Drive because currently the students are going out of the wooded parking lot and going along Highway 17-92. He said some of the residents have stated the property values are going down, but compared to the prices of homes he saw next to adult entertainment establishments, that does not hold water. He said he has not seen anyone driving real fast and he thinks the presence of the police is enough to keep rowdy students from doing anything. He quoted from an article by Roger Pyland entitled "Property Rights Taking From A Free Society."

Commissioner McLain corrected with Mr. Perez that he meant Highway 434 and not 17-92 in his comments.

John Matthews, 642 Carrigan Woods Trail, representing Carrigan Homeowners Association, addressed the Board to thank Cameo Development for their efforts in meeting with the community to try to establish some common ground. He said he thinks the only effort that will win with the community is to stop all the encroachment into the community. He read his written comments (copy received and filed) in opposition to the request.

Sue Crosby, 2998 Moore Drive, addressed the Board to state she wants to remind the Board of the promises they made when they were running for office and wanted to be elected; promises to work for and help them and to protect them and their community. She said she is asking the Board to support them when they need their support with what they are going through right now. She said at this point, they need protection. She asked why, when the applicant planned to build, did they not plan for the parking spaces needed. She explained that she is afraid her child may get hit by a car.

Commissioner McLain asked staff for the explanation on the width and depth of the lots. He said the Board’s decision is not going to be made on whether there is a parking lot or not. He said he thinks the audience needs to understand that the Board needs to hear why R-1A is not compatible with R-1AA.

Matt West, Planning Manager, addressed the Board to explain the width and depth of the lots.

County Attorney, Robert McMillan, affirmed that Commissioner McLain is correct on the issue.

Commissioner Morris stated that normally he would be in agreement with Commissioner McLain, but the applicant submitted a document on March 7 directly stating the issue and has said tonight that he has a presentation on the parking lot, so the Board has evidence introduced already. Discussion ensued with staff on why the applicant would request R-1A zoning.

Upon inquiry by Commissioner McLain, Mr. McMillan recommended the Board not base a denial on the parking lot issue.

John Crosby, 2998 Moore Drive, addressed the Board to state he is 100% opposed to the R-1A rezoning as the R-1AA is the appropriate transition zoning from the commercial property and the Seminole Terrace area. He said changing the zoning is not consistent with the area, and it would give the applicant the ability to have off-street parking. He said there is a restaurant in the same area that would be happy for this to go through so they could utilize property they own in the neighborhood for the same type of purpose. He said to have the change in zoning is the ultimate thing this complex is after so they can request their special exception, because without it, they have nothing.

Upon inquiry by Commissioner McLain, Mr. Crosby said no home in the subdivision has ever been allowed to be built on less than 90 feet, and he said there are no opportunities at all to put in smaller homes. He said they already have the buffer and there is no reason to extend the additional buffer.

Mr. Matthews advised that the zoning change would not increase the number of lots. He said if the applicant re-plans without having to do a full design, he might be able to get one or two additional lots.

Commissioner Morris asked staff about the property to the north and east, the zoning and lot sizes and sizes of the houses. He said that is important when talking about the transitional uses.

Lynn Berger, 3030 Moore Drive, addressed the Board to state she has pictures (seven posters of pictures received and filed) to show of Seminole Terrace, a petition with 103 signatures of those opposed, letters from people unable to attend tonight, and comparisons of other apartment complexes in the area. She submitted the petition (not received and filed) to the Board. She showed the part of the tree that would be in the center of the project. She said this tree is about 300 years old and one of the largest live oaks in the State of Florida. She also showed a news article and sketch of the proposed parking lot (received and filed). Ms. Berger read her written statement in opposition stating that R-1A would endanger their neighborhoods and take away their property values. Further, she said changing the zoning would not be appropriate zoning for this neighborhood. Ms. Berger showed pictures (received and filed) of houses on Lowery Drive, Carrigan Avenue and Moore Drive.

Mary Callahan declined to speak when called upon.

Michael Callahan, 3019 Lowery Drive, addressed the Board to state he is in the same situation as Ms. Berger. He said they have had parking lots to come up for that side of the street before and it was turned down. He said all the applicant is doing is trying to create loopholes through the Commissioners for these people to devastate their community.

Jane Waterman, 3037 Moore Drive, addressed the Board to state what makes Seminole Terrace attractive is that they do have the low density residential and homes are built on at least 1-1/2 lots. She said if they have smaller homes on smaller lots, that will make their homes less valuable, and they don’t wish to lose property values. She said 23 of the students would like to submit letters (not received and filed) saying they do not support this parking lot. Also, she submitted information (not received and filed) about the noise pollution that comes through this area. She said R-1AA is also an appropriate transition zone and it is consistent with low density residential land use and consistent with the Comprehensive Plan policy of the County. She asked the Board to leave things as they are.

Barbara Zimmerer, 2950 Lowery Drive, addressed the Board to state she is opposed to having this rezoning in her neighborhood. She said she is worried about the safety of the children catching the bus on Carrigan. She submitted a written comment from a neighbor who could not be present.

Charlotte Carver, 3045 Lowery Drive, addressed the Board to state Seminole County’s Ordinance #98-53 addresses compatibility between abutting properties to insure a harmonious flow of zoning classification and that harmony of the uses exists between the properties. She said her primary concerns are the noise, lighting, and hours of operations. Her final concern is the additional misrepresentation of the developer. She said the P&Z minutes show the developer stated this would be two and three-bedroom luxury apartments. She said she supports the motion to disapprove this request.

Michelle Smith, 614 Carrigan Woods Trail, addressed the Board to state she is against the rezoning and as elected officials, the Commissioners are supposed to represent the people and not big business. She requested the Board to vote no. She submitted written comments (not received and filed) to the Board.

James Bradford, 3099 Lowery Drive, addressed the Board to state he bears the brunt of what the applicant has already done. He said Commissioner Maloy admitted the Board made a terrible mistake when they approved this project in the beginning. He said at the time, this was supposed to be two-story apartments and the Board upgraded it and created the three stories. He said he is opposed to this.

Commissioner Morris left the meeting at this time.

Scott Berg, 650 Carrigan Woods Trail, addressed the Board to state he opposes the rezoning because it would set a precedence and it could be a domino effect.

Michael Shub, 683 Carrigan Woods Trail, stated he is opposed but did not wish to speak.

Edward Sullivan, 2922 Moore Drive, stated he is opposed but did not wish to speak.

Dan Tharpe, 302 Carrigan Avenue, addressed the Board to state his concern is if this zoning goes through, everything his two homes were built for will be gone down the drain. He said they picked this area because the R-1AA did not allow variances. They built two homes with the idea this was where they wanted to live. He said he has not found that Seminole County requires any transitional zoning.

Upon inquiry by Commissioner McLain, Mr. Matthews said staff does not normally look at all the uses when recommending compatibility, but they look at the permitted uses.

Commissioner Morris reentered the meeting at this time.

Holly Keithley, 3054 Moore Drive, addressed the Board to state she opposes the rezoning.

Keith Wheeler, 3018 Lowery Drive, addressed the Board to state he lives adjacent to this property and this project would be in his back yard. He said there are four houses on Lowery Drive and all four have about 180 feet of width of property. To rezone and divide the property into smaller size lots would not make it compatible to have 70 foot wide lots behind them. He said the applicant has to take into consideration the trees in back. If they use the property for housing, they would have to take the majority of those trees. He asked the Board to look at the P&Z recommendation.

Cheryl Berardi, 301 Carrigan Avenue, representing herself and her son, addressed the Board to state she is pleading with the Commissioners to protect this wonderful, unique neighborhood and reject the rezoning. She said in her opinion, there should be only two choices--who is going to take a loss. She said hopefully the Board doesn’t forget or have any oversights in any information that would support what they need in their neighborhood. She said not only do they want to protect their houses financially but they want to protect their homes.

Upon inquiry by Commissioner McLain, Mr. Matthews stated the staff did go on a site visit of the property.

During discussion, Commissioner Morris stated the issue seems to be blurred a bit between transition and compatibility. He said this is an existing platted 2A zoning and they are not concerned at all with transition because it is an existing situation.

Mr. Matthews said the zoning there now and the zoning being requested can both serve as a transition. He advised Commissioner Morris that he is not aware that the Land Development Code requires transition.

Susan Eberle, 652 W. Palm Valley Drive, addressed the Board to state she supports the P&Z’s wise decision of denying the rezoning. She read comments from her written statement (received and filed).

Upon inquiry by Chairman Van Der Weide, Tiffany Brodt advised she and her husband did not wish to speak, but they are opposed.

Chairman Van Der Weide recessed the meeting at 10:08 p.m. and reconvened at 10:22 p.m.

John Frith, Project Engineer, addressed the Board to speak to issues from the public input tonight. He advised the owner wishes to propose removing the first four lots on Bolden Drive for consideration of rezoning and leave that R-1AA. That would leave Lots 5 through 9 to rezone to R-1A. He said if the property is rezoned, they could only get four houses on the site and if it is left R-1AA, they would need 360 feet more. Since the owner owns all the lots, they could borrow land and have four houses built.

Commissioner Henley asked staff to clarify whether the issue raised is compatibility of zoning or compatibility of the use the owner has chosen for the land.

Mr. Baxley stated they feel the rezoning to R-1A is compatible. He said the noise and lighting would be addressed at the special exception hearing. He said the lots that Cameo owns are more in compliance with R-1A zoning. He requested the Commission to accept the recommendation of staff.

Bill Hanner, Project Manager, addressed the Board to state there are four houses currently abutting the subject property and only one family spoke against the request. He said there is always a potential that those lots could be subdivided and additional houses inserted. Mr. Hanner submitted to the Record his report (received and filed) on the proposed additional parking site for Riverwind Apartments.

No one else spoke in support or in opposition.

Speaker Request and Written Request Forms were received and filed. Additional written comments were received and filed from Herman Rigdon, James Bradford, Dale H. Sullivan, Russ Harbourne, and Rosemary Hamm.

Commissioner McLain said one of his concerns is that when there is a development already mature with homes, it is important they consider how any new zoning change would affect those properties. Most times you are rezoning to a lower classification because additional lots are wanted. This change would not increase the number of lots. He thinks it is important that they consider what is already there.

District Commissioner Maloy asked staff that after hearing the testimony, would their recommendation remain the same, and Mr. West answered yes. Commissioner Maloy stated in this rezoning there is impact with the current neighborhood. He said he doesn’t believe the applicant needs this amount of property for parking, because there is additional parking space that could be put in place within the plan.

Motion by Commissioner Maloy to only rezone to R-1A (Single Family Dwelling District) Lots 5 through 9 and delete Lots 1 through 4; property located at the southeast corner of Carrigan Avenue and Boland Drive, immediately east of SR 434 (Alafaya Trail), Riverwind Park LLP.

Under discussion Commissioner Maloy stated he would like to see some things happen before this comes back to the Board of Adjustment and the Board of County Commissioners. He said before any parking plan brought forward to the Board, it would be thoroughly evaluated by staff with an on-site evaluation.

Commissioner Morris clarified that these are questions related to a future item.

Commissioner McLain said he is stuck on making sure whatever they approve is compatible, assuming the applicant is going to build houses on the property. He said he does not believe 70-foot lots are compatible with what is already there.

Commissioner Maloy said a lot of changes can occur and he has several concerns to go through on that.

Chairman Van Der Weide recessed the meeting at 10:53 p.m. to allow Commissioner Maloy to meet with the County Attorney and staff to see if he can work out a motion to address his concerns and bring that back to the Board for a second to the motion. The meeting reconvened at 11:08 p.m.

Commissioner Maloy withdrew his previous motion.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to deny without prejudice the request to rezone from R-1AA (Single Family Dwelling District) to R1A (Single Family Dwelling District); property located at the southeast corner of Carrigan Avenue and Boland Drive, immediately east of SR 434 (Alafaya Trail); as described in the proof of publication, Riverwind Park LLP.

Commissioner Henley asked on what findings is this denial based.

Commissioner Maloy stated this is premature.

Mr. McMillan stated based on the discussion, the Board can deny without prejudice and the applicant can come back immediately and reapply in the event some solution would alter this situation. It is the basic determination that now the Board does not have enough information. He said the Board could also continue this item; it is up to the Commissioners.

Upon inquiry by Commissioner Morris, Commissioner Maloy said he agrees there is a compatibility issue with this request. Discussion ensued with Commissioners Henley and Morris regarding the compatibility and the fact that there are R-1A and R-1AA zonings throughout the County side by side. Commissioner Morris said he can support the motion on the premature issue because of the existing uses of the houses currently off of Lowery and what did exist between Lowery and Boland Drive.

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

Commissioner Maloy stated he would like to see the applicant squeeze as much parking as possible on the existing property. He would also like to see the applicant meet together with staff and take a very close look at this plan for a thorough evaluation of how much parking can be placed on the existing site. Also, there has been discussion by the neighborhood to make the area more attractive to alternatives to cars, and he thinks the developer should consider installing missing sidewalks between their development over to SR 434 near the Publix Shopping Center; a temporary parking lot on Dodd Road would help facilitate other alternatives to transportation. He said the developer might want to review the current UCF study for rerouting of bus routes that travel in and out of UCF. He thinks the developer should be a part of these discussions for providing other alternatives. Further, he said if it was necessary to put something next door, he would include addressing architectural lighting styles and moving drainage away from the trees to the north side of the property. He said any traffic, on-site or future traffic, would have to follow the original plan and have access on SR 434. He suggested the developer look at bicycles to make traffic more friendly, look at discounts for people who don’t have cars, and install bike racks on property to have more friendly alternatives to cars. If any additional parking is put in in the future, any proposal should have six-foot walls off the property line and by moving the drainage to the other side, that could facilitate a substantial buffer between that and the neighbors. If additional parking is needed off-sight, they could look at compact cars on the lot. Commissioner Maloy said he would like to see due diligence done by the applicant on these suggestions before this item comes back to the Board for reconsideration.

Commissioner McLain commented Commissioner Maloy is very involved in this problem and is seeking a solution, and he has full confidence that he will come back with a plan that is going to work for the applicant and the community.

Commissioner Morris also paid his respects to Commissioner Maloy on the work he has done to find a solution.

Commissioner Henley congratulated Commissioner Maloy on his efforts put forth in trying to seek solutions and said he hopes the developer will heed what was said and make every effort to be a good neighbor and come up with a situation that everyone else can live with.

Chairman Van Der Weide expressed his appreciation for the Commissioners being present and the public being present to exercise their rights to be a part of the process. He said he thinks Commissioner Maloy did a wonderful job.

Commissioner Maloy showed the Board the agri-diamonds product and how they work. He provided a brochure to the County Manager to forward to the Roads Department for review.

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There being no further business to come before the Board, Chairman Van Der Weide adjourned the meeting at 11:25 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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