Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2) (late)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

Acting County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor Bruce Scott, 1^st Presbyterian Church, Sanford, gave the Invocation.

County Attorney, Robert McMillan, led the Pledge of Allegiance.

Commissioner Morris entered the meeting at this time.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-67, as shown on page _______, in recognition of the 35^th anniversary of the Service Corps of Retired Executives (SCORE).

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

The Resolution was presented to Richard Stine, Chairman of SCORE, who expressed his appreciation. Mr. Stine introduced Neil Cleary, SCORE member, who was in attendance.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-66, as shown on page _______, proclaiming May 25, 1999, as "National Missing Children's Day".

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

The Resolution was presented to Joan Thompson, Executive Director, who expressed her appreciation. She introduced Don Joans and Mina Thompson who were in attendance. She also invited Commissioners and everyone in attendance to attend the candle lighting ceremony, which will be held May 25, 1999 at the Missing Children's Center.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #99-R-68, as shown on page ______, proclaiming the week of May 16-22, 1999 as "National Public Works Week".

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

The Resolution was presented to Director of Public Works, Jim Marino.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to adopt appropriate Resolution #99-R-69, as shown on page _______, proclaiming May 14, 1999 as "Tourism Day in Seminole County".

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

County Lobbyist, Bobby Brantley, addressed the Board to report on how Seminole County fared during the past Legislative Session. He advised that the County is in the upper third of the 67 counties in the State with regard to funding and is ranked 22 out of 67. The Legislature appropriated the following for Seminole County: (1) $1 million - Little Wekiva Restoration; (2) $500,000 - Hwy. 17-92 drainage system; (3) $200,000 - Cross Seminole County Trail; and (4) Health Department/detox & treatment - $300,000. He further advised that the Legislature was not willing to fund Lake Jesup and Clifton Springs. However, he said in the interim, he believes they should start working with DEP because there is acquisition that could be ongoing between now and the next Legislative Session.

Mr. Brantley stated that under the Local Government Infrastructure Tax, the surtax was extended to allow new projects to be included. He further stated that all of these items are still on the Governor's desk to be signed, so he encouraged the Board to request the Governor to leave these things in the budget. He expressed his appreciation to the Board for the opportunity to work with them in the capacity of lobbyist.

Chairman Henley expressed his appreciation to Mr. Brantley for the effort he put forth on behalf of the County during this session.

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Deputy County Attorney, Lonnie Groot, addressed the Board to advise that after much debate, the Title Loan legislation did not pass. He said staff has drafted the ordinance regarding same. He further advised that Osceola County has directed their County Attorney to advertise an ordinance with a 30% maximum rate and Orange County is considering authorization to advertise their ordinance. Volusia County is considering enactment of their ordinance on May 27 and Brevard County has not begun any direction as yet. He added that Lake County has determined not to enact an ordinance. Draft copy of proposed Seminole County Ordinance was received and filed.

Commissioner Van Der Weide stated he believes this issue should be approached regionally.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize advertising the Title Loan Ordinance to be heard by the Board on May 25, 1999 at 1:30 p.m., or as soon thereafter as possible.

Under discussion and upon inquiry by Commissioner Van Der Weide, Mr. Groot advised the County is preempted by the State with regard to restricting pawn brokers; and check cashing is regulated pursuant to code of the Department of Banking and Finance. Mr. Groot stated that if the Board wants more protection for the consumers with regard to check cashing, the County should lobby the State Legislature and/or the Department of Banking and Finance.

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

County Attorney, Robert McMillan, discussed the status of the County Manager recruitment, advising Mr. Slavin has submitted eight candidates for the Board's consideration (Information packet was received & filed). He stated one-on-one interviews with Commissioners will be held May 26 and 27 and an informal reception for the candidates will be held on May 27 at 4:00 p.m. at the Public Safety Building. He further stated that the Board's public session interviews will be held May 28, 1999, starting at 9:00 a.m.

Upon inquiry by Commissioner Maloy, Mr. McMillan advised the reception would enable the Department Directors and City Officials to meet the candidates in an informal setting.

Commissioner Morris stated his only regret about this is that he believes the list of candidates should have been shorter. He suggested the Board thank the committee members for their work on this effort.

The Board voiced no objections to proceeding as outlined by Mr. McMillan.

Request for authorization to initiate legal proceedings with regard to the Town Center Commercial Development Associates property was pulled from the agenda, to be considered in two weeks.

Commissioner Maloy left the meeting at this time.

Tom George, Road Operations, addressed the Board to state this Briefing is to advise the Board of the cost options for the Unpaved Roads Alternative Surface Treatment Program. Those options are: (1) Basic six-year program proposed in February; (2) Optional six-year program with partial County funding to reduce draws and interest accrual under the proposed low-interest financing mechanism; and (3) Accelerated three-year program initially brought up by the Board at the February Work Session.

Commissioner Maloy reentered the meeting at this time.

Mr. George advised there appears to be no advantage to Option #2 because the pay-off is still 14 years. He said that Option #3 would involve an investment of $220,000 in FY 99/00 and $170,000 in each of the following two years for two new positions. Option #3 will allow the programmed replacement of three graders to be deleted. He added that staff's recommendation is to proceed with the accelerated three-year program.

Upon inquiry by Commissioner Morris, Mr. George stated the citizen feedback on this program has been overwhelmingly supportive.

Upon inquiry by Chairman Henley, Director of Public Works, Jim Marino, addressed the Board to advise no new tax is necessary to fund this program.

Chairman Henley suggested using SCGTV to advise the public what is happening with the paving of roads.

Mike Ertel, Community Relations, addressed the Board to advise the County's next TV production will be related to roads. It will be produced in June and aired in July. Whereupon, the Chairman requested the Commissioners be briefed as to the story line before the final production.

Mr. George advised they have had road information on the Web Site for several months now.

Motion by Commissioner Morris, seconded by Commissioner McLain to direct staff to proceed with the Accelerated Program as recommended by staff, and implement same forthwith.

Under discussion, Commissioner Maloy stated he doesn't have a problem with the accelerated program; however, with the budget work sessions coming up next month, he would like to see if the Board can fund more of the program through the current budget process before going to a loan payment. He added that he would like to look at funding options during budget time.

Commissioner Van Der Weide stated he would not have any trouble supporting a shortened term for the program, but would agree with waiting for the budget process.

Commissioner Henley stated he does not like "piece-mealing" the budget and feels that there still may be options available. He further stated that he has reservations about approving something now until everything is put on the table. Discussion ensued.

Commissioner Morris stated he will withdraw his motion at this time.

Commissioner McLain stated the Board has been discussing this program for several months and staff has come up with a plan to allow the Board to work within their resources and to save tax dollars over a period of time. He said he does not understand now why the Board wants to wait until the budget work sessions and ultimately wait until October to get the program started. He said he will withdraw his second to the motion.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve the three-year Accelerated Program for unpaved roads, and to be on Record that the Board is committed to the program and will go through the budget process next month to determine how it will be funded.

Under discussion and upon inquiry by Chairman Henley, Pam Hastings, Public Works, addressed the Board to advise there is no adequate money in the Public Works' budget to fund the two new positions. She added that a transfer out of reserves would be needed. Discussion ensued.

Acting County Manager, Cindy Coto, advised staff's recommendation would be to take the $220,000 out of the Transportation Contingency Fund.

After further discussion, Commissioner Van Der Weide clarified his motion to include expediting the program by advertising the two positions and to direct staff to come back at the May 25 meeting with funding sources and paperwork for the commercial loan. Commissioner Maloy agreed with the clarification.

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

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The Board, thereupon, recessed at 10:55 a.m., reconvening at 11:00 a.m., with all Officials present, with the exception of Commissioner McLain.

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Comprehensive Planning Manager, Colleen Rotella, addressed the Board to advise staff is seeking clarification from the Board relative to the Winter Miles property located outside of Oviedo which was identified as a potential multi-use park, trailhead and special use (equestrian) facility and which is available for purchase. She said staff would like direction as to the degree of staff involvement with regard to this site.

District Commissioner Maloy stated he reviewed the background information. He said there is a need for neighborhood parks and at this point he cannot see moving forward and spending $1 million on this property. He, therefore, recommended putting this on the table and pursuing other priorities.

Commissioner Morris stated if the District Commissioner does not support the item, then it is difficult for other Board members to support it.

Commissioner Van Der Weide stated he believes this money could be better spent on smaller neighborhood parks.

Commissioner McLain reentered the meeting at this time.

Commissioner Henley also agreed with District Commissioner Maloy, stating if this property were acquired, it would require staffing at an additional cost.

The Board, by unanimous consensus, agreed not to move forward with the purchase of the Winter Miles Park site.

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Discussion ensued with regard to neighborhood parks.

Commissioner Morris stated he could be prepared to come back in two weeks relative to identifying property for parks in The Crossings area.

Chairman Henley stated he will work with staff and bring back information with regard to park property in the South Central area.

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Upon inquiry by the Chairman, Ms. Rotella advised this week she had a meeting with FDOT concerning the Seminole Wekiva Trail funding. She further advised that the FDOT project manager did approach the County about entering into an agreement with FDOT, which would allow for reimbursement of funds at a later date. She said if the Board is interested, FDOT would be willing to expedite the agreement.

Commissioner McLain questioned where the staff is on the equestrian issue on the current trail. Whereupon, Ms. Coto advised the staff is proceeding with scheduling a work session in June with all parties involved.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to direct staff to pursue the agreement with FDOT on the reimbursement for Phase 2 of the Seminole Wekiva Trail, with same to be brought back to the Board on May 25.

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

Ms. Coto advised staff is recommending pulling Item #7, PS-535-99/BJC, which will be brought back in two weeks.

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

Formal Contracts

6. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page ________, for FC-138-98/BJC – Howard Avenue and Shortcut Canal, with Cathcart Contracting Company.

9. Approve two (2) year extension and Amendment #1 to RFP-245-95/BJC, as shown on page ________, Legal Services for Insurance Claims and Litigations, with Broussard, Condry & Morgan & Nelson, Orlando ($95.00/hour) (Worker’s Compensation Claims); Nabors, Giblin & Nickerson, P.A., Tallahassee ($125.00/hour) (Claims involving land issues); and Rissman, Weisgerg, Barrett, Hurt, Donahue & McLain, P.A., Orlando ($95.00/hour) (General, Automobile and Professional Liability Claims) (July 30, 1999 to July 29, 2001).

request to waive insurance requirement in the Stonebridge Neighbors Block Party Indemnity and Hold Harmless Agreement, dated April 22, 1999; event to be held on May 22, 1999 (Shari Denaro, applicant).

Ms. Coto presented request to declare surplus and competitively bid property located west of I-4 and south of 46A. She stated staff has provided additional information as to comparable sales in an effort to answer some of the questions raised at the last meeting.

Discussion ensued with regard to listing a minimum bid amount.

Commissioner Morris stated he does not agree with the minimum bid of $600,000. He said he believes the appraisal is faulty. He said the Board knows the value of land in the area and the current market.

Motion by Commissioner Morris, seconded by Commissioner McLain to declare surplus and competitively bid the sale of a 4.936-acre site located in Section 6, Township 20, South Range 30 East, west of Interstate 4 and south of 46A; and to drop the minimum bid figure of $600,000.

Under discussion of the motion, Commissioner Morris agreed to include in the motion that the advertisement will note that the County's appraisal shows a value greater than $600,000. Commissioner McLain agreed to the clarification.

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

Director of Planning & Development, Frances Chandler, addressed the Board to give a brief status report on the Disability Advisory Council, advising the Council has been meeting since January, 1999 and have identified a work effort. She said that there is a series of issues the Council would like to address over the course of the year, but the number one priority is public awareness/public information. She added that the Council wishes to develop an Inclusion Day Event for the month of October.

Commissioner Maloy commended the Council for their hard work and said he is supportive of the work program.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize the Disability Advisory Council (DAC) to proceed forward to develop an Inclusion Day Event for the month of October; with the final proposal for the event to be presented to the Board in July/August 1999.

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

DAC Chairman, Tony Tizzio, addressed the Board to express appreciation to the Board and staff.

Ms. Rotella requested Board action with regard to the acquisition of the Hutchinson property located on the Wekiva River. She advised the property consists of a 3,077 square foot single family residence, two pole barns with boat and hay storage and one barn with five stalls. She added that Mrs. Hutchinson has requested the contract include a provision allowing her to occupy the residence for a period not to exceed 90 days following the date of closing.

Commissioner McLain stated he supported the purchase of Katie's Landing several months ago even though it was above the assessed value like this property. He said he hopes the Board will see fit to purchase this property and move forward with the acquisition.

Commissioner Van Der Weide stated it is important to note that of the 14.5 miles of riverfront property along the Wekiva, the County, with this purchase, will have 10 miles.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to authorize the acquisition of the Hutchinson Property described as approximately 20 acres located on the Wekiva River, for a purchase price of $850,000; Contract, as shown on page _________.

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

Commissioner McLain stated he believes the Board needs to reconsider their decision with regard to the Katie's Landing acquisition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to direct staff to proceed with a development of conceptual use plans for the property, to be brought back to the Board for review.

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

Ms. Rotella advised there are three other properties staff will be bringing to the Board for consideration as well.

Principal Planner, Matt West, addressed the Board to present request for a Subdivision Plat Waiver for the Wekiva Centre Office, located at 385 Wekiva Springs Road, Graham Construction Company, Inc., in order to create three parcels from the existing 4.2193-acre parcel. He advised staff recommends approval of the waiver, subject to the owner dedicating a cross access easement, on a County-approved form, across the parcels to benefit the adjacent properties on the north and south of the subject property.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to grant waiver to Subdivision Platting for the Wekiva Centre Office, located on the southwesterly side of Wekiva Springs Road, approximately 1/4 mile north of SR 434 in Section 3, Township 21 South, Range 29 East, Graham Construction Company, Inc., subject to the owner dedicating a cross access easement, on a County-approved form, across the parcels to benefit the adjacent properties on the north and south of the subject property.

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

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Mr. West presented request for Site Plan revision in an OP Zoning District for Lot C, Wekiva Centre, located at 385 Wekiva Springs Road, Graham Construction Company, Inc. He advised that there has been an issue with the drainfield encroaching into the buffer area; however, the applicant has agreed to hook-up to central sewer. He further advised that the building, as proposed, meets all setbacks. He added that staff is recommending approval.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve Site Plan revision in OP Zoning for Lot C of the Wekiva Centre located on the south side of Wekiva Springs Road, approximately 1/4 mile north of SR 434, Graham Construction Company, Inc.

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

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

Michael Frederick, #97002074MMA - $140 Court Costs

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":

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

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

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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to authorize filing of the proofs of publication for this meeting’s scheduled public hearings.

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

Continuation of a public hearing from March 9 and April 13, 1999, to consider Appeal against the Board of Adjustment in denying a Special Exception for an Alcoholic Beverage Establishment (a package store) proposed for an existing beverage store located at the southwest corner of SR 46 and Upsala Road; as described in the proof of publication, Mita Patel.

Zoning Coordinator, Ginny Markley, addressed the Board to state this item was continued in order for staff to meet with the applicant and his attorney on site to come up with a list of improvements to be done to make the site compliant with the SR 46 Corridor Overlay Ordinance.

Commissioner Morris entered the meeting at 1:38 p.m.

Ms. Markley identified the list of seven items staff and the applicant have agreed upon, as enumerated in the staff report. She added Item #8 that the parking lot shall be restriped in accordance with the Land Development Code. She answered Commissioner Morris that staff suggested 90 days for the applicant to complete the improvements and the applicant is in concurrence with that.

Attorney Clay Simmons, representing the applicant, addressed the Board to state the applicant is in agreement with the terms of the Development Order and he is requesting Board approval.

Upon inquiry by Commissioner Maloy, Ms. Markley stated staff has made a second inspection and the site is in compliance, having about 10% of the total sales area as beer and wine. She advised if the Special Exception is approved, the entire store can have all alcoholic beverages.

Commissioner Morris said this still does not bring the business into compliance with the gateway standards. Whereupon, Attorney Simmons said they believe it does in as much as the property permits. He explained there is no way to adjust the building without actually moving it. The applicant has agreed to do the things he can to bring the business into compliance.

Upon further inquiry by Commissioner Morris concerning Item F of the Development Order, Attorney Simmons stated he will ask Florida Power to use shoebox lighting.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris, to overturn the Board of Adjustment, thereby, approving a Special Exception to permit the sale of alcoholic beverages for off-premise consumption (package store) for a business located at the southwest corner SR 46 and Upsala Road, with staff recommendations under the current plan and with the agreement in place, and approval of Development Order, as amended, as shown on page __________; as described in the proof of publication, Mita Patel.

Districts 2, 4, and 5 voted AYE.

Commissioners Maloy and Van Der Weide voted NAY.

Proof of publication, as shown on page __________, to consider continuation of a public hearing from April 27, 1999, to consider requests to (1) Rezone from A-1 and PUD to PUD; (2) Revision to Developer’s Commitment Agreement; and (3) Development of Regional Impact (DRI) Notice of Proposed Change; property located east and west of the planned Grantline Road and extends south to CR 46A, west to Orange Boulevard and east to I-4; as described in the proof of publication, Colonial Limited Realty Partnership, received and filed.

Matt West, Principal Planner, and Cindy Matheny, Senior Planner, addressed the Board to present the request.

Copies were distributed to the Board of the Amended and Restated Development Order, PUD Developer’s Commitment Agreement, Traffic Analysis, and Land Use Map for Colonial Perimeter Center (copies received and filed).

Mr. West stated this project will be renamed to Colonial Perimeter Center so it will not be confused with Heathrow and Heathrow International Business Center. He advised this request is scaling back the size and impact of the original use and is now requesting a multi-use development instead of a regional mall. He said this will reduce the external traffic about 40% from the original proposal. He stated if the Board adopts the rezoning today, the Department of Community Affairs and Florida Department of Transportation will file their comments under the appeal period and if there are objections, this item may have to come back before the Board to be amended. If so, staff wants the developer and applicant to pay for any costs associated with having to bring the item back. Mr. West also stated there are conversion tables in the development order that allow some flexibility in the market, so if the applicant wants to make small changes in the use program, they don’t have to go to the regional office. He advised the Traffic Engineer is requesting a change in the conversion tables to have them based on external trips so the tables will have to be modified before this is transmitted to DCA. He also advised there will be some revised language made in the PUD agreement pertaining to the parking lot before this is transmitted, and a revised legal description must be attached that accurately describes the acreage. He is asking that the County Attorney review these changes prior to execution.

Judy Stewart, Bowyer-Singleton, distributed copies of the PUD Commitment Agreement (copy received and filed).

Ms. Matheny advised staff has now changed their recommendation to approval of the Commitment Agreement, and staff is in concurrence with the small change to the language in the Park and Ride.

Upon inquiry by Commissioner Maloy, County Attorney Robert McMillan said he thinks one of the changes his office will be reviewing is the incorporation of the company.

Upon inquiry by Commissioner Morris, the applicant answered that they will maintain the trail within that portion of the project and it is a landscaped trail.

Mr. Dwyer advised he thinks this is a design standard situation and he will be looking at it on the final site plan. He said any signage would be consistent with the Lake Mary Boulevard entrance.

Commissioner Morris asked shouldn’t the Board adopt the Lake Mary Boulevard Ordinance as a standard because they keep referring to it. Chairman Henley asked Acting County Manager Cindy Coto to schedule that as an item within the next couple of meetings.

Attorney Ken Wright, Shutts and Bowen, representing Bowyer-Singleton, addressed the Board to state they concur with the staff recommendation and staff report. He stated there have been numerous and lengthy meetings to resolve many of the issues. They are asking the Board to adopt the rezoning request unanimously passed by the P & Z, the revision to the Developer’s Agreement, and accept the Notice of Proposed Change to the Development Order. He explained that this project was originally for a regional mall, but the use is being downsized. He said the average daily trips have been reduced to about 48% and the average PM daily trips reduced to about 37%. The traffic report was submitted to the Record, along with a Memorandum dated May 5, 1999, as a traffic analysis supplement (received and filed). He said this change does not make a substantial deviation. He stated the applicant has agreed to pay for the construction cost of a second north-bound turn lane at Rinehart Road and have worked out other conditions relating to the identification sign. The applicant has also worked out some additional language that speaks to the Park and Ride commitment. They will convey one acre of land to Lynx or the County to provide designated parking places. They will construct a minimum of 50 paved and striped parking spaces and two bus terminal shelters with passenger loading and unloading areas. The commitment would stand for a period of five years from the issuance of the development order. Further, he said the applicant is donating right-of-way for the trail for the urban landscape area.

Upon inquiry by Chairman Henley, Attorney Wright stated they will do the maintenance and upkeep of the Park and Ride area.

Attorney Wright explained that DCA would not be in a position to make comments prior to the BCC making a recommendation. If the Board approves, DCA will have 45 days to review and, in the event this item comes back before the BCC and they are required to have another hearing, the applicant would pick up the cost for that.

Mr. Dwyer referred to page 16 of the Developer’s Commitment Agreement document and questioned that it says the County (and not the applicant) will maintain the trail. Attorney Wright stated the intent for maintenance has always been with respect to landscaping and irrigation by the applicant.

Upon inquiry by Commissioner Maloy, Attorney Wright discussed some observations on plans for the site.

No one else spoke in support or in opposition.

District Commissioner McLain stated he has been involved with some of the concerns and he is satisfied with the final result of those meetings.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve the staff recommendation, with modifications made in this meeting, to adopt Ordinance #99-11, as shown on page __________, approving rezoning from A-1 (Agriculture) and PUD (Planned Unit Development) to PUD and issuance of a Development Order, as shown on page __________, for a preliminary master plan; approve the proposed revisions to the Developer’s Commitment Agreement, as shown on page __________; approve the Development of Regional Impact (DRI) Notice of Proposed Change; and approve the Final Master Plan; for property located east and west of the planned Grantline Road, extending south to CR 46A, west to Orange Boulevard and east to I-4; as described in the proof of publication, Colonial Limited Realty Partnership.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to PLI (Public Lands and Institution); property located on the south side of CR 427, east of U.S. 17-92, south of Flea World, Seminole County, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to state Seminole County is requesting the rezoning to allow the subject property to be utilized by Kids House of Seminole, a non-profit, multi-agency task force designed to protect abused children. An administrative rezoning is necessary due to the proposed use not being permitted in the existing Agricultural zoning classification. He reviewed the existing land uses and compatibility with surrounding development. He stated staff has no opposition to the adoption of an ordinance rezoning the subject property from A-1 to PLI, subject to: (1) The property and structure to be utilized by Kids House of Seminole for the purpose of interviewing and assisting children; (2) Kids House of Seminole shall not provide overnight living facilities in conjunction with their normal operation on the subject property; (3) Ownership of the property shall be retained by Seminole County; and (4) Termination of existing agreement with the Sheriff’s Office and execution of the necessary Agreement between Kids House of Seminole and Seminole County.

Mr. Dwyer advised this is the first of two public hearings with the second one to be held on May 25, 1999, at 7:00 p.m.

No one spoke in support or in opposition

Commissioner Morris left the meeting at this time.

Chairman Henley announced this public hearing is continued to May 25, 1999, 7:00 p.m., or as soon thereafter as possible.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the south side of Lake Mary Boulevard, opposite Heathrow Boulevard, Bowyer-Singleton & Associates, received and filed.

Ms. Matheny stated staff recommends the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Is considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards. Therefore, staff has no opposition to the adoption of an ordinance rezoning the subject property from A-1 to PUD for a 250-seat restaurant and 100-seat lounge, subject to: (1) Voluntary commitments as enumerated in the letter from the applicant’s representative; (2) Relocation of the loading area to the east side of the site, away from the lake; (3) The applicant obtains a special exception in A-1 for the parking and retention, prior to approval of the final PUD master plan and developer’s commitment agreement; and (4) Any dumpsters utilized on the site to be enclosed.

Ms. Matheny said staff feels the 8’ wall around the loading dock as modified by the applicant would be in order.

Don Fisher, Bowyer-Singleton, addressed the Board to state they concur with the staff recommendations and are willing to commit to the recommendations of the P & Z. He said they will place the 8’ wall to screen the loading area. He stated that in order to buffer the property from the surrounding areas, they are installing landscaping along the north, east, west, and south.

Commissioner Morris reentered the meeting at this time.

Mr. Fisher stated this project will require a final master plan and a developer’s commitment agreement; and they will provide detailed information on the music, hours of operation, and decibel levels. Further, he said there will be a 10’ buffer, and there will not be any loading docks or access to the trail on the east side of the property. The project is limited to windows on this eastern portion.

Commissioner McLain read the letter (received and filed) received today from the Markham Woods Homeowners Association in which they cited five reasons why this should be denied. He requested the Board take a recess to allow staff the opportunity to read the letter and respond.

Chairman Henley recessed the meeting at 2:28 p.m. for this purpose, and reconvened at 2:40 p.m.

Ms. Brown gave responses to the comments in the letter.

Chairman Henley read the names as follows of those who submitted written comments in opposition regarding noise, devaluing property, increased traffic, out of character with the previous plans and agreements: Gerald Bloom; Lucille Phillips; Charles DeBord; Godron Phillips; Mr. & Mrs. W. H. Roberson, Sr.; Jeff Sanborn; Marilyn and George Schmidt; Mrs. R. J. (Jackie) Sanborn, Jr.; Wallace N. Guthrie, Jr.; Betsy A. Cushman; Debra Adams; Jim Cole; Carolyn Williams; George Calvi, with letter and Petitions, as shown on page __________; Mrs. Marion Good; Anita Trapane, Sarah Connelly; and Peter Kohn.

George Calvi, 23 Stone Gate N., representing the Markham Woods Association, addressed the Board to state they are in agreement with expansion and progress, but they vehemently oppose any kind of reckless and ill-conceived planning. He said six or seven months ago when they looked at the Oakmonte Plan, this restaurant was not a part of the package. He said Oakmonte is not even done yet, and they don’t know how it will impact them and now they are thinking about a restaurant. He said people will be parking on the grass on Lake Mary Boulevard in Heathrow. He asked how can they consider putting in a 350-seat restaurant and only 88 parking spaces. He said if this is allowed, somebody else will come in and before long it will be Markham Woods Road. He asked to get everything out so they can vote on all the plans at once. They want to sit down and understand what’s the goal. He asked the Board to look at the project and use common sense.

Ed Holt, 679 Cricklewood Terrace, Heathrow Town Center Advisory Council, representing President Mike Gallagher, addressed the Board to state they oppose the rezoning to PUD for a restaurant. They feel this change is not consistent with the neighborhood the development outlined in meetings held in 1987 and 1998, whereby, it was reported the property would not be used as commercial but all would be residential. He said he thinks the line should be drawn here. This is a safety hazard, there will be noise problems and too many people will be coming in and out of the entrance. The letter from Mr. Gallagher was received and filed.

Terry Pyle, 680 Stonefield Loop, addressed the Board to state regarding the music, this would be the same situation as with Bahama Breeze in Altamonte. He said this facility has no right to use the Oakmonte parking or bank parking area, so parking will occur on the grass in front of Heathrow. He said the applicant needs to know that he needs to take care of the maintenance along the road. He referred to the parking for Houston’s Restaurant in Winter Park and said this parking would be a nightmare on Lake Mary Boulevard. He said they have been asking for a traffic light and have not received one. He asked the Board to review all the needs and report back at the next meeting.

Commissioner McLain advised Mr. Pyle that from his last communication with Traffic Engineer Bob Zaitooni, staff was going forward with the traffic light requested.

Glenn Housman, 27 Windsor Isle, Commercial Real Estate Banker, representing Markham Woods Homeowners Association, addressed the Board to state what the Board has in front of them is, perhaps, the most degradious planning he has ever seen. He said all the parking lot for this planned restaurant will be filled with the employees and no one else will have a place to park. He said from a land use situation, this project is not conducive to the future growth of a residential area. He said this restaurant is not a suitable buffer from commercial to residential. He stated the noise from the restaurant will carry across Lake Mary Boulevard to Heathrow, Ravensbrook, Windsor Isle and probably Alaqua.

Joe Massot, 935 River Edge Court, did not address the Board but commented he echoes everything that has been said.

Leonard A. Greenbaum, 1227 East Langley Court, addressed the Board to state International Parkway will double the traffic already there and previously approved. He said Lake Mary Boulevard has already been multi-laned and can’t take any more commercial development at this time. One acre homesites are more in line with what they anticipate throughout their community.

Mary Cragar, 1706 Markham Glen Cirlce, President of Markham Woods Association, addressed the Board to state most of the residents on Markham Woods Road or Heathrow are there because of the quality of life and what it represents. She mentioned things that will make their quality of life suffer, like the music. She said they are concerned with the restaurant being used as a trailhead. She asked is there a buffer. She referred to the May 7 USA newspaper article about Orlando’s bumper traffic. (The letter from Mrs. Cragar to Commissioner McLain was received into the Record.)

Commissioner Morris said he also feels that people will use the parking area as a trailhead.

Mr. Fisher stated this site will be posted that it is not a trailhead.

Peter Kohn, 25 Windsor Isle, addressed the Board to state he considers this project an abomination. He said Bahama Breeze is a comparable restaurant. He asked the Board to go back and study this. He asked them to drive through the Bahama Breeze parking lot and he thinks that will aid their decision.

Jerry Thole, 1400 Shadwell Circle, addressed the Board to state he is speaking at the request of many residents against the proposed change. He said he also understands that a 7-11 Store is planned at the intersection of Markham Woods Road. He said in 1987, it was proposed that the remaining Trepanier land would be developed as one acre homesites. He stated this development would set a precedent for high intensity development of the property. He said the restaurant’s appearance, noise, and lighting are completely incompatible with the surrounding expensive residential areas. He said they moved to this area because they were promised by the developers and real estate people that they could expect a lifestyle free from the hustle and bustle of major cities. He stated they are not interested in compromising; they don’t want a restaurant.

No one else spoke in support or in opposition.

Written Comment and Speaker Request Forms were received and filed. The letter from Frank Shelton, Vice President, Markham Woods Association, to the Commissioners was also received and filed.

Upon inquiry by Chairman Henley, Mr. Fisher elaborated on their intent for the restaurant, stating the restaurant would have to adhere to standards; they are not proposing any amplified music to be heard from the site; and the business would be closing at 11:30 p.m. He said they plan on having greater details for the Board to consider when this comes back for the final master plan.

Upon inquiry by Commissioner Maloy, Mr. Fisher said there are no provisions now for overflow parking areas. He said the plan does comply with the County code of one space for every four seats. He pointed out their plan shows the maximum seating (350 with 88 parking spaces) they could have, but it may not be this amount. Whereupon, Chairman Henley said he thinks they will have a real problem with this parking.

Commissioner Morris said he did not realize that this particular site where the restaurant is located is the end of the PUD of the original development. He said the applicant is using for a commercial purpose a parking lot that should be one unit to an acre, and doing it by a conditional use. He said that is a bridge too far for him.

Commissioner McLain said he thinks the Board needs to maintain the residential character from the entrance to Heathrow all the way down to Markham Woods Road. He thinks businesses like Bahama Breeze need to be on the east side of the interstate.

Motion by Commissioner McLain, seconded by Commissioner Morris, to deny rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the south side of Lake Mary Boulevard, opposite Heathrow Boulevard; as described in the proof of publication, Bowyer-Singleton & Associates.

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

Commissioners Morris and McLain left the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) property located west of Upsala Road (CR 15) east of Elder Road, approximately 700 feet north of SR 46, Seminole County S.R. 46, Ltd., received and filed.

Chairman Henley determined that the applicant was not in attendance, and no one was in attendance to speak in support or in opposition.

Mr. Dwyer advised the applicant has requested the Board to delay this hearing until 7:00 p.m. tonight. The Board voiced no objections to the applicant’s request.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue until 7:00 p.m. this evening consideration of public hearing to consider rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Upsala Road (CR 15) east of Elder Road, approximately 700 feet north of SR 46; as described in the proof of publication, Seminole County S.R. 46, Ltd.

Commissioner McLain reentered the meeting at this time, and Chairman Henley advised him of the request from the applicant and the subsequent motion by the Board. Commissioner McLain had no objections.

Commissioner Maloy clarified that this item will be second on the agenda.

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

Proof of publication, as shown on page __________, calling for a public hearing to consider adoption of an Ordinance to recodify the Land Development Code.

Rob Gebaibe, Assistant County Attorney, addressed the Board to state since the initial adoption of the Code in 1980, it has been supplemented 17 times. There is now a two volume set which supercedes and repeals the old Seminole County Ordinance. It is updated through November, 1998, and sets forth that all ordinances accounted and adopted since 1998 remain in full effect. He said this ordinance makes no substantial changes to the Land Development Code and it places no new regulations upon property that has not already been adopted. He asked that the Economic Impact Statement be waived.

No one spoke in support or in opposition.

Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt Ordinance #99-12, as shown on page __________, enacting the Land Development Code Codification Ordinance; as described in the proof of publication.

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

County Attorney, Robert McMillan, addressed the Board to state this case is now basically in the hands of the excess insurance carrier. If the County fails to follow the carrier’s direction, then the County becomes responsible for any judgment awarded.

Upon inquiry by Commissioner Van Der Weide, Mr. McMillan said if Mr. Heroy fails to accept the offer, he then has some restitution for settling. Mr. McMillan recommended the Board do what the excess carrier has suggested.

Commissioner McLain stated the letter (received and filed) from Attorney Michael Jones should have been circulated prior to bringing this forth to the meeting as it was not copied to him, the County Attorney, County Manager, or Commissioner Morris.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to accept the recommendation of the County Attorney to grant authorization to tender "Proposal for Settlement" in the amount directed by the excess insurance carrier, inclusive of Plaintiffs’ attorney fees and costs to date in the case of Herbert S. Heroy and Beverly S. Heroy v. Seminole County.

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

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

Chairman Henley stated he, along with Commissioner Van Der Weide, represented the Board on April 28 in the Orange/Volusia MPO Alliance. He said there was a resolution supporting widening SR 415 and a resolution in support of Sanford’s proposal for the Lake Monroe’s Riverwalk project and both were approved unanimously by the Alliance from Seminole and Volusia Counties.

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Chairman Henley stated he has established some very good relationships with the County in regional issues. He reported he has had the opportunity to represent this Board at two speaking engagements--one in Osceola County with Chairman Martinez and others.

Commissioner McLain stated over the past several years the Board has been working on getting a sidewalk on Markham Woods Road and now the funds are available to extend the sidewalk from the elementary school to Markham Road. This will also act as a neighborhood connector to the Seminole Wekiva Trail in the future. He asked the Board to direct staff to report back at their earliest convenience the proposal to complete that sidewalk.

During discussion, Chairman Henley stated he will request a briefing to determine whether all the sidewalk funds are committed and see where this request falls within those dollars.

Commissioner McLain said he wants staff to come back with the particulars about completing this sidewalk and the estimated costs within the parameter of this program so the Board can move forward with this program.

Ms. Coto advised there is a work session on May 18 and staff may be able to answer the Board’s questions at that time.

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Commissioner Maloy asked staff to also review the issue of a sidewalk on Dodd Road in the area around the bridge.

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Commissioner Maloy asked about the HTE situation. He said the other day his Aide’s computer was down for over a day. He advised he received a garbage notice with incorrect information and was told this was a HTE billing mistake.

Ms. Coto said she was made aware that some of the garbage notices mailed were in error, but she doesn’t know if that was human or software error, or County or HTE staff error. She said she will look into it. She said Mr. Grasso oversees the HTE contract and she will bring the concerns to his attention.

Commissioner McLain said this is the kind of thing the Board needs to keep in mind when they go to privatization--that they do lose a sense of control and accountability.

During discussion, Commissioner Van Der Weide stated maybe they can have the Program Review Committee to evaluate this issue. Whereupon, Chairman Henley agreed and said there are several issues the Committee could review. He said it is the Board’s fault because the Committee cannot start until the Board fills appointments.

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Chairman Henley recommended the appointment of Marvin M. Kaplan to the Historical Commission.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to appoint Marvin M. Kaplan to the Historical Commission.

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

Ms. Coto stated for the last few years the budget work sessions have been held at Lake Sylvan Park, but they will be held in the Commission Chambers this year. She explained staff does not have the capability for a quality product if they broadcast from a remote location.

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Chairman Henley recessed the meeting at 4:08 p.m., reconvening at 7:10 p.m., with all Commissioners and all other Officials (with Commissioner Morris being absent), with Deputy County Attorney Lonnie Groot replacing County Attorney Robert McMillan and with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Continuation of a public hearing to consider Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of Upsala Road (CR 15), east of Elder Road, approximately 700 feet north of SR 46, as described in the proof of publication, Seminole County SR 46 Ltd.

Cindy Matheny, Senior Planner, addressed the Board to advise the applicant is requesting the rezone to expand an approved multi-family PUD. The site is within an area designated on the Future Land Use Map as Higher Intensity Planned Development-Target Industry. The proposed site would serve as an addition to an 18.9-acre multi-family PUD immediately to the north. That portion of the project was approved in December 1998 for 334 units with a net density of 22 units per acre. The new site would not add more to the overall project and would reduce the overall number of units to 332. She added the proposed development would consist of 90 multi-family units with associated parking and open space. Access would be through the approved site to the north. Seminole County is planning to construct a recreational trail along the west side of Upsala Road and the applicant has agreed to participate in the trail development along the project frontage. The applicant’s proposed plan indicates 25’ project boundary setbacks which are not consistent with the 35’ required on the existing multi-family site. Setbacks should be increased to provide for consistency and appropriate buffering from roadways and abutting uses. Based on staff analysis, staff recommends that the subject request is: (1) In compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) The request would be compatible with surrounding development; (3) Considered in the 20-year services analysis as part of the County’s adopted plan and no development is authorized without meeting Concurrency requirements; and (4) Would be able to meet all environmental standards.

Ms. Matheny stated the Planning & Zoning Commission (P&Z) considered the application on May 5, 1999 and has submitted a verbal report of the following recommendations: (1) Dedicate 20 ft. of right-of-way on Upsala Road; (2) Maximum allowable density for multi-family shall be 22 dwelling units per net buildable acre; (3) Limit the maximum building height to 35 ft.; (4) Provide minimum building setbacks of 35 ft. from the boundary of the project; (5) Access to the site shall be through the existing PUD to the north; and, (6) In lieu of a sidewalk along Upsala Road, the developer to participate in development of a recreational trail along the Upsala Road frontage. Level of participation to be determined during final PUD master plan review.

Upon inquiry by Commissioner McLain, Ms. Matheny advised staff felt that the setback on the east side was the only portion that was changed and should remain at 35 ft. The applicant is prepared to dedicate the additional frontage. She stated the 35 feet from the east side of the trail would be appropriate.

Hugh Harling, representing CED, addressed the Board to state the applicant concurs with donating 20 feet of additional right-of-way and to participating in the 10-ft. wide trail.

Upon inquiry by Commissioner Maloy, Mr. Harling advised there are approximately four other tracks that are on the front of the property and the applicant is purchasing two of them. Those will be tied together in a unified manner in the future.

Commissioner McLain requested more clarification on the setback and Ms. Matheny reviewed same, advising with P&Z’s recommendation, there would be a 25-ft. setback, plus the 10 ft. of the trail, making a total of 35 ft.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to adopt Ordinance #99-14, as shown on page __________, rezoning property from A-1 to PUD, located west of Upsala Road (CR 15), east of Elder Road, approximately 700 feet north of SR 46, as described in the proof of publication, Seminole County SR 46 Ltd., with P&Z recommendations.

Districts 1, 3, 4 and 5 voted AYE.

Proofs of publication, as shown on page _______, calling for a public hearing to consider Ordinance relating to the regulation of towing services, received and filed.

Greg Haas, Assistant County Attorney, addressed the Board to state the proposed ordinance is a result of a State Law requirement to set the maximum rates for towing. He stated the numbers in the ordinance were derived from the Orange County ordinance. He stated he would be glad to answer any questions.

Mr. Haas answered questions from Commissioner Maloy relative to prerequisites for trespass towing from private properties and waiting period rates for nonconsensual tows.

Commissioner Van Der Weide stated the proposed ordinance is a duplication of Orange County’s, but he feels there is room to increase the rates considerably as there are potential loopholes. He said he would like to see the fees for nonconsensual tow time of 15-minute blocks at a scene be tightened up. He stated he would like to know who would monitor how many 15-minute blocks the towing companies have.

Chairman Henley stated he also has concerns relative to the maximum time rate.

Commissioner Van Der Weide stated these industries are in the same category as the title loan people as they have been abusing the people. He added he believes that the fees should be readdressed.

Mr. Groot stated if there are going to be significant changes to the fee structure of the ordinance, he would recommend the Board close tonight’s public hearing, redraft the ordinance and submit it in a work session, and then readvertise the ordinance for another public hearing. Discussion ensued.

Mike Seamon, representing Altamonte Towing, addressed the Board to state he understands the Board’s concerns relative to the trespass towing. He stated the trespass tow is capped at $100 for 24 hours on vehicles and the nonconsensual tow is the same. If the towing only requires wrenching it is normally done within 30 minutes, but if it is a major accident, the driver of the tow truck may have to stay there until the vehicle is released by the authorities and that may take hours. Relative to the $20 a day storage fee, he would be happy to go with a $10 fee if the County can get the people to pay the fee. When you get into larger vehicles, you are talking about larger tow trucks and you have to stay there until the job is done. Most times when a tractor-trailer is involved in an accident, it would require 10 hours or more to get the job done.

Upon inquiry by Chairman Henley, Mr. Seamon advised the towing companies work under Statutes 713.78 and 715.07 and if a vehicle is left in storage, it is put on public sale and their fees are taken out of that sale.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Commissioner Van Der Weide stated he feels the Board needs to look at this further as he wants to make sure that they are not in a loophole situation.

Chairman Henley stated he feels that it is important that this public hearing be delayed. The Board voiced no objections. Therefore, he closed the Towing Service Ordinance public hearing.

Proofs of publication, as shown on page _______, calling for a public hearing to consider the Chuluota Small Area Study, received and filed.

Colleen Rotella, Comprehensive Planning Manager, addressed the Board to advise on January 27, 1999, the Board approved to transmit the Chuluota Small Area Study to the Department of Community Affairs (DCA) for review. She stated this is the second public hearing for the amendments to the Comprehensive Plan associated with this small area study. The following specific items are being considered tonight: (1) Receive and review new information regarding the proposed amendments; (2) Evaluate the DCA’s objections, recommendations and comments; (3) Take final action on the proposed land use and text changes to the Comprehensive Plan; and (4) Consider other actions as discussed by the Board. She said staff has worked closely with the DCA and State agencies to understand and successfully respond to the concerns raised. She said staff is recommending minor changes to the proposed Plan Amendments, which clarify to the State, the Board and staff’s intent relative to the Plan Amendments. The Florida Water Service (FWS) approached staff with a proposal to amend their service area boundary in exchange for the County dismissing its objections pending before the Public Service Commission (PSC). Staff has submitted a map amendment that could be adopted into the Comp Plan recognizing those areas outside of the urban boundary which are currently being served by FWS or an appropriate configuration for FWS’s service area. Provision of water and/or sewer service by FWS within these areas would not be found inconsistent with the Comp Plan if the map was adopted into the Plan. Any proposed land use changes within these areas would require an Amendment to the County’s urban boundary if appropriate urban densities were requested. She added staff received a letter (received and filed) from the FWS indicating their desire to settle the case before the PSC and agreeing to amend their proposed boundary to be consistent with map 11.2 and 14.2, if the County removes their objection before the PSC.

Jim Weinberg, representing CRG, addressed the Board to introduce Neal O’Brian, applicant, and Larry Dale, developer. He stated he believes that this has to be the most reviewed project in history and he appreciates staff’s response and the Board’s support. He said he will be glad to answer any questions.

Stanley Stevens, 377 Riverwoods Trail, addressed the Board to ask if the Girl Scouts camp receives sewer service and how much water service do they get. He stated the more sewer service that is provided, the more growth you will have. He said Mr. O’Brian is getting more from this project now than when he started it two years ago and the residents have been fighting this ever since.

Upon inquiry by Commissioner Maloy, Ms. Rotella advised the reason for the change of the number of units for CRG was after the transmittal hearing, the owner indicated that the School Board would be purchasing 15 acres and not 25 acres.

Susan Eberle, 652 W. Palm Valley Dr., addressed the Board to state several years ago Florida’s Speaker of the House Peter Wallace said that they had lost their vision. She asked what is the Board’s vision for Seminole County; "Seminole County the Natural Choice or Seminole County all paved over". She said Arthur Stevenson wrote a book about how Pinellas County made many mistakes in their planning especially the water resource. She discussed the water shortage in Florida. She referred to and read a section of an Orlando Sentinel article that was written in 1995 relative to "rain runoff is draining Seminole County". She urged the Board to deny the proposed request.

Commissioner Van Der Weide asked what do you tell the people wanting to buy a home and cannot afford one because the price of land is too high.

Ms. Eberle stated there are plenty of homes available in the area without having to build more. She stated the Board needs to face the problems they have now and not create more.

Ann Marie Gilvin, 2010 Willingham Road, addressed the Board to state she moved to Seminole County for the rural beauty that the area has. She said she lives down the road from the project and she has seen the river come up and flood the road. If there is a need for homes, maybe the County should go with townhouses or condos. She discussed protecting the environment and the animals, especially the gopher tortoises. She also said the County needs to hire more people to police the contractors.

Karen Witmer, 695 Riverwood Trail, addressed the Board to submit a letter from Attorney David Theriaque to DCA relative to the Plan Amendment transmitted on February 11, 1999. She expressed her disappointment in the planning staff and the Board.

Bob Witmer, 695 Riverwood Trail, addressed the Board to state the issue here is not about whether to build more houses, but how many houses are built on a specific piece of property in a particular area. He stated the Board could object to the amendment and have the developer come back with a more reasonable plan. He said he works for the Army and there are always new people coming in and they do not have a problem finding a home. What is important is whether or not you put in new houses, but how the land is developed. This land needs an open space because of a high recharge area. It is very important for everyone to preserve the environment.

Kathleen Mellor, 2535 S. CR 419, addressed the Board to refer to the unbiased Chuluota area study dated October 1998. She stated the LPA trashed this study and told staff to bring something back that will fit into their plans. The LPA also recommended rescinding the CRG zoning. She added she strongly objects to what is being done.

Susan Kairys-Courectt, representing the Central Florida Sierra Club, addressed the Board to submit and review a letter (received and filed) from the Sierra Club relative to anti-sprawl initiatives and growth management laws. She stated Vice President Gore was quoted, "Let’s build more homes, but let’s build them in places that help make people’s lives more enjoyable". She continued by reviewing Florida’s most vital resource, "water".

Chairman Henley read comments (received and filed) from Kathleen Mellor and Bob Witmer.

Commissioner Maloy left the meeting at this time.

Acting County Manager, Cindy Coto, left the meeting at this time.

Michael Rich, representing C-RED, addressed the Board to state what the Board is doing is ignoring good planning principles for two developers. He stated about 60% of the traffic goes through Oviedo.

Commissioner Maloy reentered the meeting at this time.

Mr. Rich stated the City of Oviedo has been doing a lot of studies and the rural area study is 95% complete.

Acting County Manager, Cindy Coto, reentered the meeting at this time.

Mr. Rich continued by discussing the traffic problems, water services, creating an urban density by using the existing plan, pollution, and rural urban boundaries.

Ms. Rotella stated the St. Johns River Water Management District (SJRWMD) had an opportunity to review the study and they concurred that this was a high recharge area, but did not make any additional recommendations. The State of Florida is continuing to work on recharge issues.

No one else spoke in support or in opposition.

Speaker Request and Written Comment Forms were received and filed.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt Ordinance #99-13, as amended by staff, as shown on page _________, providing for the following Commercial Realty Group Amendments; Concurrent Amendment to the Urban/Rural Boundary; amend approximately 15.3 acre site with CRG that has been purchased by the School Board from Suburban Estates to Public Quasi Public (and use designation); and amend the text of the Comp Plan to include Amendments #98CSAS.TXT1, #98CSAS.TXT2, #98CSAS.TX3, #98CSAS.TXT4, #98CSAS.TXT5, and #98CSAS.TXT6, 7, 8 & 9, including the Future Land Use Maps depicted by the FWS, as described in the proof of publication.

Under discussion, Commissioner McLain stated at the last meeting, the Board decided to move the urban boundaries back 200 feet from Snow Hill Road to protect the rural character to the east. He stated in looking at the site plan, there is an access point on Snow Hill Road to the urban boundary of the development. He said he has concerns with this as he feels these projects should have access from within their boundary. He feels it is a mistake to allow an access on Snow Hill Road.

Motion by Commissioner McLain, seconded by Commissioner Maloy to amend the motion to exclude any access to Snow Hill Road that crosses the urban boundary into the rural 200-ft. buffer.

Under discussion and upon inquiry by Commissioner Maloy, John Dwyer, Current Planning Manager, addressed the Board to state the access point can be addressed during the rezoning hearing of May 25, 1999.

Mr. Groot advised that the proposed ordinance does say "uses east of the urban/rural boundary, as amended, shall be limited exclusively to open space and retention", and that interpretation could be enough to interpret that to be no access point to Snow Hill Road.

Larry Dale, developer, addressed the Board to state he would commit to that provision and sign a development order to that effect.

Commissioner McLain stated since the applicant has voluntarily agreed to that, he doesn’t think the amendment is a problem being included in the motion.

Mr. Groot stated the Board can add the following words to the limitations of uses, "which shall preclude access to the development by means of Snow Hill Road", and that could be used as an amendment to the motion.

Commissioner McLain stated he would hope that the access to the north of the property would be addressed during the site plan review.

The amendment to the motion was voted upon, with Districts 1, 3, 4 and 5 voting AYE.

The Board, thereupon, voted upon the main motion, as amended, with Districts 1, 3, 4 and 5 voting AYE.

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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to withdraw the County’s objection to the Florida Water Service (FWS) application for extension of its service area, upon the plan amendments being found in compliance with the DCA.

Districts 1, 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 8:55 p.m., this same date.

ATTEST_______________________Clerk_____________________Chairman

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