Present:

Chairman Randy Morris (District 2)

Vice Chairman Win Adams (District 4)

Commissioner Grant Maloy District 1)(late)

Commissioner Dick Van Der Weide (District 3)(late)

Commissioner Daryl McLain (District 5)

County Manager Gary Kaiser

County Attorney Robert McMillan

Deputy Clerk Eva Roach

The Invocation was given by Father Mark Elliott, Holy Trinity Greek Orthodox Church, Maitland.

Gary Kaiser, County Manager, led the Pledge of Allegiance.

Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-52, as shown on page _________, commending Howard D. Poole, Fire Service Technician for 23 plus years of service to Seminole County, upon retirement; and Resolution #98-R-53, as shown on page ________, commending Walter T. Schaefer, Fire Service Specialist for 23 plus years of service to Seminole County, upon retirement.

Ken Roberts, Public Safety Director, addressed the Board to advise that both gentlemen were unable to attend today and he will make sure that they receive their resolutions.

Districts 2, 4 and 5 voted AYE.

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Motion by Commissioner Adams, seconded by Commissioner McLain to adopt appropriate Resolution #98-R-54, as shown on page _________, proclaiming the month of April, 1998 as "Child Abuse and Neglect Prevention Month".

Commissioner Maloy entered the meeting at this time.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Maryanne Malandrino, Children Rights Foundation, and she addressed the Board to express her appreciation.

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Motion by Commissioner Adams, seconded by Commissioner Maloy to adopt appropriate Resolution #98-R-55, as shown on page ________, proclaiming the week of April 19 - 25, 1998 as "National County Government Week".

The Board presented the Resolution to Gary Kaiser, County Manager.

Districts 1, 2, 4 and 5 voted AYE.

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Motion by Commissioner Maloy, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-56, as shown on page ________, proclaiming April 16, 1998 as "Seminole County Volunteer Appreciation Day".

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Cindy Coto, Deputy County Manager. Ms. Coto addressed the Board to advise that she believes the volunteer reception will be held on April 16, 1998 at the Hilton Hotel. She stated with regard to the National County Government Week, the 3C community project cleanup will be held on April 18 and they will be dealing with targeted communities.

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Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-57, as shown on page _________, proclaiming the week of April 6 - 10, 1998 as "Public Health Week".

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Dr. Jane Polkowski, Health Department Director, and she addressed the Board to express her appreciation.

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Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Resolution #98-R-58, as shown on page _________, dedicating the new Health Department Expansion Project to Jorge Deju, M.D., M.P.H.

Districts 1, 2, 4 and 5 voted AYE.

The Board presented the Resolution to Dr. Jorge Deju and he addressed the Board to express his appreciation.

Motion by Commissioner Adams, seconded by Commissioner Maloy to approve the Official Minutes dated February 24, 1998.

Districts 1, 2, 4 and 5 voted AYE.

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

Districts 1, 2, 4 and 5 voted AYE.

Chairman Morris advised that Item G1, Final PCD Site Plan and Development Commitment Agreement for Alex Greenspoon, is not a public hearing item and will be heard during the Other Departmental Items.

Proofs of publication, as shown on page _________, calling for a public hearing to consider Boating Ordinance pertaining to the prohibition of wakes within bathing, swimming, or launching areas, the requirement for vessel lighting and the requirement for personal floatation devices, received and filed.

Greg Hass, Assistant County Attorney, addressed the Board to review the proposed ordinance and advised the ordinance deals with problems on the lakes in Seminole County. He said this ordinance also deals with floatation devices and requiring lighting to meet with Coast Guard standards. He submitted a copy of a memorandum relating to changes to Section 2 regarding vessels on the waters.

Upon inquiry by Chairman Morris, Mr. Hass advised staff will submit copies of the proposed ordinance to all the Cities if it is approved today.

Mr. Hass discussed with Commissioner McLain relative to lakes having restrictions of 150 ft. and reducing the restrictions to 100 ft. Discussion ensued.

Robert McMillan, County Attorney, addressed the Board to advise the current ordinance is advertised for 50 yards from the edge of the water and if the Board is going to reduce it to 100 ft., then they will have to readvertise the change.

Gene Lindsey, 6169 Linneal Beach Dr., addressed the Board to advise he is a Senior Vice President of the Bear Lake Preservation Association and they are familiar with the problems in the area. He stated the 150 ft. restriction is consistent with the State Laws. He said the residents on Bear Lake can have more damage by wakes than by winds of 25 mph. He said they support the ordinance. He added he represents many of the lakefront property owners who have asked him to explain the losses they have had along their sea walls by the force of the wakes.

Commissioner McLain stated he feels it makes goods sense to keep in line with the State Law of 150 ft.

Mr. Lindsey stated the residents are really worried that someone will get killed on Bear Lake as too many people have purchased boats but do not know how to run them.

Chairman Morris read comments from Geoff Cook supporting the ordinance.

Traci Ilardo, 950 Lk. Marion Dr., addressed the Board to speak in support of this ordinance. She stated Lake Marion is a 13-acre lake and since their lake is so small, she would like the County to check and see how this ordinance will affect their lake.

Commissioner Van Der Weide entered the meeting at this time.

Chairman Morris recommended that she contact Mr. Hass to discuss this issue further.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Motion by Commissioner McLain, seconded by Commissioner Adams to adopt Ordinance #98-20, as shown on page _________, prohibiting wakes within bathing, swimming, or launching areas, the requirement for vessel lighting and the requirement for personal floatation devices, as described in the proof of publication, with the proposed changes.

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

Motion by Commissioner Adams, seconded by Commissioner Maloy to authorize and approve 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 and filed":

No Report.

Chairman Morris informed the Board of two add-ons, #24, Cooperative Agreement with USDA, and #25, Award RFP-433-98. He advised that Item #7, Authorize advertising public hearing to consider Ordinance relating to education expenses for County employees, and Item 21, Budget Amendment Request/Fern Park Improvement Program, have been pulled for a separate vote.

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

1. Adopt appropriate Resolution #98-R-59, as shown on page _________, supporting passage of HB 3441 amending Section 125.0104(3)(1), Florida Statutes.

 

Public Works

Engineering

2. Approve and authorize Chairman to execute Resolution #98-R-60, as shown on page __________, and Second Amendment, as shown on page ___________, to Humane Society Lease in conjunction with intersection improvements (including a right turn lane at the intersection of County Home Road with U. S. Highway 17-92). District 2

Environmental Services

Solid Waste

3. Approve Application for annual certification, as shown on page _________, for the Small Materials Recycling Facility (SMRF).

Planning & Development

Development Review

4. Adopt appropriate Resolution #98-R-61, as shown on page ________, vacating and abandoning the 14-foot rear lot utility easement on property located at 561 Lynchfied Avenue, Altamonte Springs (Josefina Oritz). District 3

Community Services

Community Assistance

5. Approve and authorize Chairman to execute Amendment to Agreement, as shown on page _________, with Temporary Living Center, Inc. reflecting name change to Specialized Treatment, Education and Prevention Services, Inc.

County Probation/PAY

6. Approve and authorize Chairman to execute Interagency Agreement, as shown on page _________, establishing participation in the Seminole County Community Justice Coalition by County Probation and Prosecution Alternatives for Youth (PAY).

Purchasing

#7. Mr. McMillan advised the ordinance process is no longer required for the Tuition Refund Program for County employees. Therefore, staff is requesting authorization to schedule a public hearing to repeal Ordinances #77-23 and #79-43 relating to this program, and to add $10,000 to said program.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to authorize advertising and setting a public hearing to repeal Ordinances #77-23 and #79-43 relating to the Tuition Refund Program; and authorize adding $10,000 to said program from General Fund Contingency.

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

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21. Motion by Commissioner McLain, seconded by Commissioner Adams to adopt appropriate Budget Amendment Resolution #98-R-62, as shown on page ________, $190,000, OMB Fund 10101, Transportation Trust Fund, as the JGI program has canceled the award to GE Harvest Life Insurance at the corporation’s request. The Budget Amendment transfers these funds to the 17-92 Fern Park Improvement Program projects.

Under discussion and upon inquiry by Commissioner Maloy, Cindy Manoni, OMB Director, and Tony VanDerworp, Acting Public Works Director, addressed the Board to explain the funding sources for the proposed projects.

Commissioner Van Der Weide stated he would like to see 17-92 beautified, but the reason he cannot support this is he doesn’t think monies should be transferred from one fund to another along with a CRA. He stated he would like staff to look at the sector from one end to the other, take it by chunks and beautify the road over a period of years.

Chairman Morris stated he would like to see how the minimal pilot program will go through.

Districts 2, 4 and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

Chairman Morris advised that Item #1, 6400 Highway 17-92, Inc., d/b/a House of Babes, has been pulled for a separate vote.

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

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize County Attorney to defend regarding 6400 Highway 17-92, Inc., d/b/a House of Babes v. Seminole County.

Under discussion and at the request of Commissioner McLain, Mr. McMillan advised he has the authority under the Purchasing Code to procure legal services whenever needed to support litigation efforts of the County.

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

Bob Turk, Economic Development Manager, addressed the Board to present request to consider providing $150,000 to FISERV Orlando, Inc. A copy of FISERV incentives was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Adams to approve $150,000 economic incentive award to induce the relocation and expansion of FISERV Orlando, Inc.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

Sylvia Smith, Development Plans Examiner, addressed the Board to present request to approve waiver to Subdivision Platting to create two parcels on a 5.76 acre parcel; property located at 160 Ibis Road, Tana Inman. She stated Parcel A contains an existing 2-story residence on 2.50 acres and Parcel B contains 3.26 acres of vacant property. No new streets will be created and each site will utilize a private well and septic tank. She stated staff recommends approval of the request.

Motion by Commissioner McLain, seconded by Commissioner Maloy to approve Ibis Road Plat Waiver; property located at 160 Ibis Road, Tana Inman, with staff recommendations.

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

Commissioner McLain left the meeting at this time.

Cindy Matheny, Senior Planner, addressed the Board to present request to approve Final PCD Site Plan and Developer’s Commitment Agreement for the Oxford Storage PCD, located west of Oxford Road, Alex Greenspoon. She stated the project consists of 63,700 sq. ft. of buildings for personal mini-storage and associated office on a 4-acre parcel. She added the Board originally approved the PCD in 1993, and subsequently approved extension to the two-year filing deadline through June, 1998.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to approve Final PCD Site Plan and Developer’s Commitment Agreement, as shown on page _________, for the Oxford Storage PCD, a 63,700 square foot personal storage center located on a 4-acre site, Alex Greenspoon, with staff recommendations.

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

Ms. Manoni presented request in the amount of $59,437, for 5 new personnel to monitor the new Sheriff’s Office and Public Safety Building. She stated the proposed request will be taken out of the General Fund Contingency.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve Personnel for monitoring new Sheriff’s Office and Public Safety Building in the amount of $59,437 to supply one Building Security Supervisor for a period of six months and four Security Specialists for three months for FY 1997/98.

Commissioner McLain reentered the meeting at this time.

Under discussion and upon inquiry by Commissioner Adams, Penny Fleming, Sheriff’s Office, addressed the Board to advise the Sheriff still feels that 5 positions are needed to get the program off the ground and to monitor it properly. She stated, however, that after discussion with Mr. Kaiser, they have agreed to reduce the Security Specialists to two with the caveat that they would have the security monitoring at night time. She said if they find that it is nonfunctional, they would come back to the Board.

Upon inquiry by Chairman Morris, Ms. Manoni advised the Sheriff’s Office is now requesting one Building Security Supervisor for a period of six months and two Security Specialists for a three-month period.

Commissioners Van Der Weide and Maloy concurred with the amendments to the motion.

Gary Kaiser, County Manager, addressed the Board to advise he still has a hard time with this, but three is better than five.

Commissioner McLain stated he has always been supportive of the Sheriff’s Office, but he would like to see the County Manager supporting this effort. He stated he feels this issue needs to be evaluated further and he doesn’t see the urgency in approving this today.

Ms. Fleming stated her office originally requested that this item be placed on the March 10 agenda, but in order to give OMB staff and the County Manager’s office time to review it, they agreed to postpone to today’s meeting. She stated personnel need to be trained on the new computer system as well as knowing the details of the building and she is concerned with delaying this for another two weeks.

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

Commissioner McLain voted NAY.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to Redesignate a vacant Planning position to Director of Economic Development/Special Projects; Confirm the appointment of Tony VanDerworp as Director of Economic Development/Special Projects at current salary of $86,340, effective March 29, 1998; Confirm the appointment of Frances Chandler as Director of Planning & Development at a salary of $69,294, effective March 29, 1998.

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

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt changes to the BCC Agenda as outlined in the memorandum dated March 23, 1998.

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

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Chairman Morris stated the East Central Florida Regional Planning Council (ECFRPC) has a new director and they will be holding hearings over the next few months to try to reform itself. He stated Orange County is still going forward with any legislative initiatives in support of opt-in or opt-out provisions of the Planning Council. He said based on legal advice, the County has agreed to pay dues but have decided not to pay the MPO special line item of $9,800. He stated he has met with the ECFRPC legal counsel and their new director and they have informed him that they will honor the County’s nonpayment of $9,800 and will not litigate that amount. He said since ECFRPC has fulfilled the offer, he would like authorization to pay the dues minus the MPO special line.

Commissioner Adams stated he has attended the meetings and the new Acting Director has a new spirit of going to the customers to see what they can do to support them.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide to authorize payment of ECFRPC dues minus the $9,800.

Under discussion, Commissioner Maloy stated he has not been attending the last few meetings as he hasn’t seen any type of production the County is getting out of this bureaucracy. He stated he told the new Acting Director that he would be interested in seeing what type of new vision the Council will have.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to call the question.

Districts 1, and 3 voted AYE.

Commissioners Morris, Adams, and McLain voted NAY.

The main motion was voted upon and carried unanimously with Districts 1, 2, 3, 4 and 5 voting AYE.

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

1. Copy of letter dated 3/13/98 from Gregory A. Hass, Assistant County Attorney, to Bob Horian, Suncor of Heathrow, re: parking spaces for mass transit.

 

1. Copy of letter (with attachments) dated 3/12/98 from Lonnie N. Groot, Deputy County Attorney, to Paul Mendelson, Assistant State Attorney, re: Constitutional Review Commission proposal #167-gun control.

 

1. Copy of letter dated 3/13/98 from Lonnie N. Groot, Deputy County Attorney, to David Cortman, Esq., American Center for Law & Justice, re: ACLJ’s assistance to Seminole County.
1. Copy of letter dated 3/12/98 from Gretchen R. Walker, Expressway Authority, to Gary Kaiser, County Manager, re: re-appointment of Tom Hagood, Jr. to Expressway Authority.

 

1. Copy of letter dated 3/12/98 from Gretchen R. Walker, SCEA, to the City Manager of each of 7 Seminole County municipalities re: re-appointment of Tom Hagood, Jr.

 

1. Notice of 3/16/98 Oviedo City Council meeting and agenda. (cc: BCC, CM, DCM)

 

1. Letter dated 3/12/98 from Gregory Golgowski, ECFRPC, to Chairman Morris re: meetings. (cc: BCC, CM, DCM, County Attorney)

 

1. Notice of 3/26/98 City of Casselberry public hearing re: Casselberry Unified Land Development Regulations. (cc: BCC, CM, DCM, Current Planning, Frances Chandler)

 

1. Letter (with attachments) dated 3/12/98 from James L. Ely, FL DOT, to Chairman Morris re: toll rate rule development workshops for SunPass Frequent User Toll Discount pilot project.

 

1. Memo (with attachment) dated 3/11/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: Constitutional Revision Commission proposal #96-ex parte communications.

 

1. Letter dated 3/9/98 from Robert Dallari, Oviedo City Council Chairman, to Chairman Morris re: telecommunication towers/land development regulations. (cc: BCC, DCM)

 

1. Letter dated 3/5/98 from Jorge A. Borrelli, FL Recreational Trails Council, to Chairman Morris re: FL National Scenic Trail I-4 span. (cc: BCC, CM, DCM, Chris Bowley, Colleen Rotella, Frank VanPelt)

 

1. Copy of letter dated 3/11/98 from Lonnie N. Groot, Deputy County Attorney, to members of the Constitutional Revision Commission re: proposal #59-sovereign immunity.

 

1. Notice of 3/25/98 Stormwater Working Group meeting and agenda.

 

1. Fax dated 3/10/98 from Bill Nelson, FL State Treasurer, to BCC re: homeowners insurance. (cc: BCC, CM, DCM, Ken Roberts, CDBG)

 

1. Memo dated 3/11/98 from Kathy Morris, Senior Planner, to Sandy Wall, Recording Secretary, re: submissions into County Records.

 

1. Copy of letter dated 3/10/98 from Lonnie N. Groot, Deputy County Attorney, to Seminole County Legislative Delegation re: St. Johns River Celebration & Clean-Up.

 

1. Application for Boards/Committees dated 3/8/98 from John "Crockett" David Hunter. (cc: BCC)

 

1. Letter dated 3/9/98 from William G. Smith, Berryman & Henigar, to Chairman Morris re: local mitigation strategy. (cc: BCC, CM, DCM, Frances Chandler, Comprehensive Planning, Development Review, Current Planning, County Attorney)

 

1. Fax dated 3/5/98 from Ronald E. Rose, Sanford Chamber of Commerce, to Chairman Morris re: adult entertainment in Sanford. (cc: BCC, CM, DCM, John Dwyer)
1. Fax dated 3/9/98 from Nicole Hougasian, MOIAC, to Chairman Morris re: reception for Australian Ambassador to the U.N. (cc: BCC, CM, DCM, Bob Turk)

 

1. Letter dated 3/6/98 from J. Dudley Bates, Mayor of Altamonte Springs, to BCC re: purchase of CR 427 property-Linc Inn. (cc: BCC, DCM, County Attorney, Engineering)

 

1. Letter dated 3/4/98 from D. Ray Eubanks, FL DCA, to Chairman Morris re: small scale development plan amendment. (cc: BCC, CM, DCM, Comprehensive Planning)

 

1. Notice of 3/18/98 Seminole County Port Authority Board meeting and agenda. (cc: BCC, CM, DCM)

 

1. Letter (with attachment) dated 3/6/98 from Donald F. Eslinger, Sheriff, to Chairman Morris re: response to inmate Spangler’s letter. (cc: BCC, CM, DCM)

 

1. Letter dated 3/8/98 from Duane A. Sanford to BCC re: Ordinance #98, boating areas. (cc: BCC, CM, DCM)

 

1. Letters in opposition to proposed Colonial Grand project from: Janis Ferrell; Fred Edwards; and Wendell L. Springfield.

 

1. Letter dated 3/6/98 from Carl Hallberg, National Soccer for Central FL, re: U.S. Women’s National Team. (cc: BCC)

 

1. Copy of letter dated 3/2/98 from Norman R. Wolfinger, State Attorney, to Dr. Joan Wood, Medical Examiners Commission, re: resignation of Dr. Janet Pillow. (cc: BCC, DCM)

 

1. Letter dated 3/6/98 from Hoang & Nam Nguyen to Chairman Morris and Commissioner Adams re: adult entertainment in Fern Park. (cc: BCC)

 

1. Letter dated 3/8/98 from Kathy Weaver, FL Horsemen’s Assoc., to BCC re: Cross Seminole Trail. (cc: Chris Bowley, Colleen Rotella)

 

1. Memo (with attachment) dated 3/9/98 from Henry M. Brown, Assistant County Attorney, to BCC re: Tuskawilla Rd. Phase II, Kendell & Lila Wherry.

 

1. Memo dated 3/9/98 from Greg Hass, Assistant County Attorney, to BCC re: changes to LDC update-amateur radio towers.

 

1. Copy of letter (with attachment) dated 3/2/98 from Richard Large, Metric Engineering, Inc., to W.O. Downs, PE, FL DOT, re: US 17-92 from Melody Ln. to Shepard Rd.

 

1. Copy of Executive Order #98-07, Emergency Executive Order Extending State of Local Emergency.

 

1. Letters dated 3/9/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of donations to Animal Control to: Kathryn Spotts; Linda Hutchins; Gerald Staker; William & Marilyn Seifert; Betty Cevallos; Melissa Mandato; and Carol Bilz.

 

1. Parks/Recreation Contracts, as shown on page __________, for services: Lenon Anderson; Marc Hultin; Janet Barnes; Eva Mae Simmons; Jason Iannotti; Jessica Beasley; Roger Werner; Rafael A. Rosado-Rosado; Tom Sorensen; Jennifer Noboa; Suzanne Winston; Richard Dittmar; Richard J. Connolly, Jr.; and Isaac Blocker, Jr.
1. Memo dated 3/10/98 from Jerry McCollum, PE, County Engineer, to BCC and County Manager re: groundbreaking ceremony-CR 46A/I-4 project.

 

1. Fax dated 3/10/98 from Peggy Powell, Black Hammock News, to Commissioner McLain re: Florida Ave. (cc: BCC, CM)

 

1. Letter dated 2/24/98 from E. Everette Huskey to Chairman Morris in support of 1998 annual report calendar. (cc: BCC, CM, DCM)

 

1. Letters dated 3/2/98 from Kenneth M. Roberts, Public Safety Director, in appreciation of contributions of "Homeless Homer/Morris the Cat" coupons for the Heinz Homeless Pets Program to: Shirley M. Moon; Cyndi Garrand; and Mary Scott.

 

1. Copy of letter dated 3/2/98 from Gary E. Kaiser, County Manager, to Ronald W. McLemore, Winter Springs City Manager, re: Winter Springs Neighborhood Improvement MSBU.

 

1. Copies of letters dated 3/2/98 from Lonnie N. Groot, Deputy County Attorney, re: ‘No Wake Zone" Ordinance to: Geoff Cook; LCDR Gene Lindsey, Ret.; and Wayne Chilton.

 

1. Letter from M. Fenning to BCC in opposition to 1998 annual report calendar.

 

1. Memo dated 3/16/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: Commission on Local Government II report.

 

1. Notice of 4/7/98 District 1 town meeting, Bookertown Community Center. (cc: BCC, CM, DCM)

 

1. Copy of letter dated 3/17/98 from Gene Lindsey, Bear Lake Preservation Assoc., to Commissioner Van Der Weide re: "no wake zone" ordinance. (cc: BCC, DCM, Current Planning)

 

1. Letter dated 3/20/98 from Janice G. Goebel, Altamonte Springs City Clerk, to Chairman Morris re: CALNO recommendation that Tom Hagood, Jr. be reappointed to serve on Seminole County Expressway Authority. (cc: BCC, CM, DCM, SCEA)

 

1. Copy of letter dated 3/17/98 from Pamela K. Ballard, FL DOT, to Lonnie Groot, Deputy County Attorney, re: SR 417 parcels 282 and 703. (cc: BCC, CM, DCM, Jerry McCollum)

 

1. Letter received 3/20/98 from Kenneth P. Tiraff, Home Alone Monitoring Svs., to Chairman Morris commending Unit 35 for their response for Ms. Shirley Foster. (cc: BCC, CM, DCM, Ken Roberts)

 

1. Letter dated 3/16/98 from David E. Allen, PE, to Chairman Morris re: Seminole County Schools special exception at Econ River Place.

 

1. Letter dated 3/17/98 from Tom King, U.S. Soccer, to Chairman Morris re: residency options for 1999. (cc: BCC, CM, DCM, John Giantonio)

 

1. Letter (with attachment) dated 3/18/98 from Jim Nichol, U.S. HUD, to Chairman Morris re: annual community assessment, CDBG programs. (cc: BCC, CM, DCM)

 

1. Copy of letter dated 3/19/98 from Seema Jagtap, PE, FL DOT, to Doug McFadden, Pneumatic Concrete Co., re: gunite repair on SR 436. (cc: BCC, CM, DCM)

 

1. Notice of 4/4/98 "Celebrating Kids Being Kids" child advocacy event. (cc: BCC, CM, DCM)

 

1. Letter received 3/19/98 from M.D. Wooden to BCC in opposition to the 1998 annual report calendar. (cc: BCC, CM, DCM)

 

1. Memo dated 3/17/98 from James P. Murley, FL DCA, to BCC re: request for federal disaster supplemental funding. (cc: BCC, CM, DCM, Ken Roberts, CDBG)

 

1. Letter (with attachment) dated 3/17/98 from Harold W. Barley, MetroPlan Orlando, to Chairman Morris re: I-4 bridge across the St. Johns River at Lake Monroe. (cc: BCC, CM, DCM, Jerry McCollum, Dick Thomas)

 

1. Copy of letter dated 3/20/98 from Kendell & Lila Wherry to Jerry McCollum, County Engineer, re: retention pond adjacent to Wherry property. (cc: Gary Kaiser)

 

1. Parks/Recreation Contracts, as shown on page_________, for services: Steve Gardner; Monique Velez (2); Randall Scott Howell; Virgil E. Twillman; Donald G. Covoy; Jerry Dross; Peter L. Theoret; and Joseph Curtis Grace.

 

1. Copy of letter dated 3/19/98 from Chairman Morris to Linda Chapin, Orange County BCC Chairman, re: Orange County procurement practice of local preference.

 

1. Copies of letters from Kenneth M. Roberts, Public Safety Director, in appreciation of donations to Animal Control Division to: Jean Horbert; Sara Sheckler; John & Mary Lamak; Carmen Millan; Marcia Kopple; and Lisa Harrington.

 

1. Memo (with attachment) dated 3/19/98 from Greg Hass, Assistant County Attorney, to BCC re: changes to ordinance relating to vessels on waters of Seminole County.

 

1. Memo dated 3/19/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: public records request by Attorney Hugh Trees for Sassy Merlot’s.

 

1. Copy of Executive Order #98-08, Emergency Executive Order Extending State of Local Emergency.

 

1. Copy of letter (with attachment) from Chairman Morris to Linda Bogue Matthews re: therapeutic pool at Westmonte Center, City of Altamonte Springs, and request for county pool facility.

 

1. Copy of letter dated 3/16/98 from Chairman Morris to FL DCA re: transmittal of proposed large scale plan amendments.

 

1. Copies of letters announcing the 5/5/98 grand opening and 5/16/98 Trail Fest for Cross Seminole Trail to: Miriam Bruce, Mayor of Oviedo, and Paul Partyka, Mayor of Winter Springs.

 

1. Copies of letters dated 3/16/98 from Lonnie N. Groot, Deputy County Attorney, re: "no wake zone" ordinance to: Geoff Cook; Wayne Chilton and CDR Gene Lindsey.

 

1. Copies of letters from Chairman Morris in appreciation of payments from citizens for the 1998 annual report calendar to: Sarah O. Colon and Vien V. Bui.

 

1. Memo (with attachment) dated 3/13/98 from Lonnie N. Groot, Deputy County Attorney, to BCC re: New York City adult use planning study.

 

1. Approved minutes of 2/12/98 Tourist Development Commission meeting (with attachments).

Commissioner Adams informed the Board that he received a check in the amount of $192,000 from Sandy Mortham, Secretary of State, for the Library Grant. He stated he submitted same to Suzie Goldman, Library & Leisure Services.

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Commissioner Adams stated he submitted a Resolution pertaining to Raymond Avenue to the Palm Springs Homeowners Association and the neighbors in that area were really pleased with the efforts of cleaning up that area.

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Commissioner Adams informed the Board that he will be leaving for Tulsa, Oklahoma tomorrow at 7:00 a.m.

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Commissioner McLain stated in 1996 the Board considered a joint purchase of the Cammack property in Geneva with a State agency. He stated Ms. Cammack is wanting the Board to readdress this issue of acquiring her property if a State agency is willing to work with her. He said he would like for staff to check into this new initiative and come back at the next meeting.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize staff to check into acquiring the Cammack property.

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

Chairman Morris stated the County is trying to get railroad crossings rubberized in order to prevent car suspensions from being damaged. The CSX has indicated they do not like rubberizing and they have come up with a new method of putting tar down and making it smooth. This method may work great for the first month or so, but will get worse as time goes by. He stated he feels the Board needs to be made aware of this and they may want to be briefed by Bob Zaitooni, Traffic Engineer, relative to this issue.

Commissioner Van Der Weide left the meeting at this time.

Mr. VanDerworp submitted a booklet (received and filed) updating the Board on the tornado disaster response. He stated if the Board has any questions, he will be glad to answer them. He added page 10 shows what work they are continuing to do, and they are preparing Resolutions of Appreciation for all the Cities and departments helping in this effort.

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Mr. VanDerworp submitted a copy of an update of the St. Johns River Celebration that occurred on March 21, 1998. He stated he will be happy to answer any questions.

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Mr. Kaiser stated approximately two months ago, he received a letter from Roger Webb, President of the Wekiva River Acres Homeowners Association of Lake County, and he indicated that they want to explore the possibility of contracting with Seminole County in providing fire protection for their area and the Wekiva Falls RV Resort. He stated he contacted Mr. Webb and indicated that Seminole County has not contracted outside the County for over 15 or 18 years. He added he requested Mr. Webb to provide him with statistical information relative to alarm load staffing, etc. Lake County is currently going through a reevaluation of their fire services and they may elect to contract out or they may elect to spend more money to raise their protection in their existing system. He said he wanted to advise the Board of this information and he will provide them with the statistics when he receives them.

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The Board recessed at 3:10 p.m., reconvening at 7:07 p.m., this same date, with all Commissioners (Commissioner McLain being late) and all other Officials, with the exception of County Manager Gary Kaiser who was replaced by Deputy County Manager Cindy Coto, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

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Chairman Morris announced that requests for continuances to April 14, 1998, have been made for both agenda Items #C and #D, and that will be the only discussion tonight for these items.

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of the Interlocal Agreement entitled "Seminole County/City of Sanford Joint Planning Agreement Relating to Adult or Sexually Oriented Uses" as land development regulations, received and filed.

Chairman Morris advised that this is the second public hearing for this proposed ordinance.

Frances Chandler, Director of Planning & Development, and County Attorney, Lonnie Groot, addressed the Board to present the ordinance for adoption and to answer any questions. Ms. Chandler advised that the City of Sanford approved both the interlocal agreement and ordinance at their second hearing of the ordinance on March 23, 1998.

No one spoke in support or in opposition.

Cindy Coto left the meeting room at this time to locate Commissioner McLain. Chairman Morris stated they want to make sure the full Board is in attendance because there has been a divided Board on the issue.

Ms. Coto returned at 7:12 p.m. with Commissioner McLain.

Motion by Commissioner McLain, seconded by Commissioner Adams, to adopt Ordinance #98-21, as shown on page __________, providing for the adoption of the Interlocal Agreement entitled "Seminole County/City of Sanford Joint Planning Agreement Relating to Adult or Sexually Oriented Uses" as land development regulations; 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 Appeal against the Board of Adjustment in approving for Robert J. Polyak a building setback variance from 25 feet to 5 feet and a reduction to a passive buffer from 15 feet to 5 feet; property located at the southeast corner of Hillcrest Street and Douglas Avenue, west of Interstate 4, Sharon Coatoam, received and filed.

Ginny Markley, Zoning Coordinator, addressed the Board to present the Appeal. She advised the staff recommendation based on staff analysis, prior to all public hearings, is that: (1) It appears special conditions and circumstances exist that are peculiar to this property or business and which are not applicable to other properties or businesses located within the OP, Office Professional Zoning District of the unincorporated area of Seminole County. The abutting R-1A (Single Family Residential) zoned property, Mr. Coatoam’s property to the south, has an Office Land Use designation on the County’s Comprehensive Plan, (a non-conforming zoning according to the Comp Plan) and is surrounded on three sides by property zoned OP, Office Professional and I-4 on the remaining side. In addition, Mr. Polyak’s representative indicates that there is a 14-inch water main that crosses the northern portion of the property which limits the area of building construction. County code does not allow construction of structures over water mains, although it is possible for the water main to be relocated. (2) Special conditions and circumstances which are not a result of the actions of the Applicant. All property lying between Interstate 4 and Douglas Avenue is developed as office or commercial use. The abutting R-1A zoned property is the last residentially zoned property on the east side of Douglas Avenue that has not been rezoned or developed for another use. Mr. Polyak does not have control over the non-conforming zoning on the abutting property. (3) The granting of the variance would not confer on Mr. Polyak special privileges that are denied by the Ordinance to other lands, and businesses within the OP, Office Professional Zoning District. Mr. Polyak’s property is the only property along the east side of Douglas Avenue that is required the more restrictive setback and buffer because of the non-conforming zoning abutting his property. (4) A literal interpretation of the provisions of the Ordinance would deprive Mr. Polyak of rights commonly enjoyed by other properties in the OP, Office Professional Zoning District, under the terms of the Ordinance, and would work an unnecessary and undue hardship on the Applicant. Mr. Polyak is requesting to utilize the same side yard building setback as many of the other office properties fronting Douglas Avenue, including the Appellant’s OP zoned property. (5) The variance requested is the minimum variance that will make possible the reasonable use of the land. (6) The granting of the variance would be in harmony with the general intent and purpose of the ordinance. Therefore, based on a hardship created by the abutting non-conforming R-1A (Single Family Residential) zoned property, staff would recommend that the decision of the Board of Adjustment be upheld and the variances granted; allowing a building setback variance from 25 feet to 5 feet and a reduction to the passive buffer requirements to 5 feet.

Ms. Markley answered Commissioner Maloy that this is a 14" water main running under Interstate 4 and supplies the residents on the opposite side of the interstate.

Tom Ustler, developer of the property, addressed the Board to answer that the water main belongs to a private company, Florida Water Service.

Ms. Markley answered Chairman Morris that the water main could be relocated on the same property if it were feasible. The applicant has said it is cost prohibitive to do so.

Attorney Glenn Roy, Altamonte Springs, representing Dr. Gary W. and Mrs. Sharon Coatoam, addressed the Board to present the appeal. He stated the map shown by staff was incorrect and said Lots 12 through 16 are zoned OP and Lots 17 through 19 are R-1A. He corrected further that Lot 19 is less than the 50 feet shown on the map.

He explained that the applicant for the variance is trying to build a building that is too large for the lot.

Attorney Roy said he has procedural defects regarding the Board of Adjustment to bring before the Board of County Commissioners, whereupon, County Attorney Robert McMillan advised that this is a de novo hearing and what the BOA did or did not do is irrelevant to this hearing.

Attorney Roy disagreed with the standards used by staff and the Board of Adjustment for determining a hardship and said the landowner must be denied all beneficial use of the land under the existing zoning restrictions. He continued that the cost of relocating a water main is not a hardship that should be considered by the Commission. He stated to move the water line forward is technically not that difficult. He said there is already a restriction on the owner and there is a high cost to try to develop this lot anyway. The real problem is moving this entire building that is situated 90 degrees out from the adjacent buildings and locating it 18 to 20 feet in front of Dr. Coatoam’s building and directly on the property line. He explained concerns for the pads and air conditioners being on the line and the safety issues for fire prevention with this plan. He said nobody wants this building next to them without setbacks.

Commissioner Van Der Weide relayed, in his discussion with Mrs. Coatoam, her concern was for bigger setbacks. Discussion ensued.

Commissioner McLain discussed with Ms. Markley the conditions of side yard and rear yard setbacks.

Commissioner Maloy left the meeting at this time, 7:53 p.m.

Upon inquiry by Commissioner McLain, Attorney Roy stated the appellants will be happy with a 10 foot setback from the property line with 15 feet between the two buildings.

Commissioner Maloy reentered the meeting at 7:56 p.m.

Commissioner Van Der Weide suggested seeing if the applicant and appellant can work out a solution. He concurred with Commissioner McLain to take a break at this time to allow them to meet.

Chairman Morris recessed the meeting at 7:58 p.m. and asked Mr. Groot to also meet with the two parties.

The meeting reconvened at 8:10 p.m. Ms. Markley reviewed the solution of the parties that several adjustments will be made to the site plan. The building will be moved 10 feet off the south lot line; the landscape buffer on the north side will be decreased to 3 feet; the sidewalk is decreased to 4 feet provided that is in agreement with the handicap accessibility code and, if not, the applicant will be allowed to move the parking over 1 foot to the north; and the sign to be located on the north side of the driveway.

Attorney Roy said they are now in full agreement. He asked that the air conditioners go on the roof and not on pads in the setbacks. Whereupon, the applicant said he agrees with that and believes the air conditioners will be shielded.

Tom Daly, 641 W. Fairbanks, representing Mr. Polyak, addressed the Board to state they concur with the staff findings as given by Ms. Markley.

Eric Ludwig, 125 Laurel Oak Drive, addressed the Board to state he and his wife own property immediately to the south of the Coatoams. He explained his concern for the site plan and noted there are substantial drainage swales in the area. He said with the widening of Douglas Avenue, there is going to be a lot of water going on I-4 and onto his property.

Upon inquiry by Commissioner McLain, Mr. McMillan advised that the Board does not have authority to restrict this development based on a road possibly being widened.

Ms. Markley and Chairman Morris advised Mr. Ludwig of County requirements for drainage and new developments, and that the applicant must obtain approvals through the St. Johns River Water Management District as well.

Chairman Morris explained that the applicant will come in later with full engineering design showing he is capturing the water on his property with a retention pond. He asked staff and the applicant to keep Mr. Ludwig informed when this process occurs.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain, to deny the Appeal and uphold the decision of the Board of Adjustment in approving for Robert J. Polyak a building setback variance, with the following amended setbacks as presented by Ms. Markley: (1) a 10-foot setback on the south side; (2)three feet of landscaping in the front of the building; (3) a four-foot sidewalk, and if there is a problem with that, the applicant can go on the north side with the parking lot within one foot of the north side; and (4) the sign will be moved from the south side to the north side of the entrance; property located at the southeast corner of Hillcrest Street and Douglas Avenue, west of Interstate 4, as described in the proof of publication, Sharon Coatoam.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Appeal against the Board of Adjustment in denying a Special Exception to permit an ALF (Assisted Living Facility) with up to 30 residents on a 1.4 acre site located on the south side of Ridge Road, ¼ mile west of Highway 17-92 and approximately one mile south of SR 436, Joseph Pesino Cruz, received and filed.

Ms. Markley advised the request for continuance is to April 14, 1998.

No one spoke in support or in opposition to the continuance.

Motion by Commissioner Adams, seconded by Commissioner Van Der Weide, to continue to April 14, 1998, the Appeal against the Board of Adjustment in denying a Special Exception to permit an ALF (Assisted Living Facility) with up to 30 residents on a 1.4 acre site located on the south side of Ridge Road, ¼ mile west of Highway 17-92 and approximately one mile south of SR 436; as described in the proof of publication, Joseph Pesino Cruz.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider Amendment to Development Order for property located at Red Bug Lake Road and Dodd Road intersection. Applicant desires to increase the operating hours to 24 hours a day; and as a condition, the applicant has agreed to construct a 3-foot high brick screen wall along the west property line of the proposed drug store location, Miller-Sellen Rezoning, received and filed.

Ms. Markley stated the request for continuance is to April 14, 1998.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to April 14, 1998, request for Amendment to Development Order for property located at Red Bug Lake Road and Dodd Road intersection. Applicant desires to increase the operating hours to 24 hours a day; and as a condition, the applicant has agreed to construct a 3-foot high brick screen wall along the west property line of the proposed drug store location; as described in the proof of publication, Miller-Sellen Rezoning.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:22 p.m., this same date.

ATTEST________________________Clerk______________________Chairman

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