Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

Clerk of Circuit Court Maryanne Morse

Acting County Manager Cindy Coto

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor Wesley Baker, Church of God, Sanford, gave the Invocation.

Chairman Carlton Henley led the Pledge of Allegiance.

Rhonda Ledford, President of the Florida Association of Public Purchasing Officers, Inc., addressed the Board to present the Seminole County Purchasing Division with the "Most Outstanding Purchasing Department" award (medium size organization) in the State of Florida for 1999. She outlined the basis for the award.

Kelly Loll, Purchasing Manager, addressed the Board to express her appreciation to the Purchasing staff, Cindy Hall, Cindy Coto and the Board.

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The Chairman announced that the Resolution commending the 1998-99 Seminole High School Boys Track and Field Team will be continued until this afternoon's meeting.

Assistant County Attorney, Rob Gebaide, addressed the Board to advise the petition before the Governor and Cabinet concerning Clifton Springs has been dismissed as directed by the Board. He stated that letters have been sent, per BCC direction, to the following: The Friends of Lake Jesup, The Sierra Club Foundation, Inc.; Sierra Club, Inc.; Florida Audubon Society; The Nature Conservancy, Inc.; The Florida Wildlife Federation; The St. Johns River Water Management District; The Florida Department of Environmental Protection, The Friends of the Wekiva River; The Florida League of Anglers; The Save the Manatee Club; and The Friends of the St. Johns. He said to date, they have only had a response from The Nature Conservancy, Inc., by a missed phone call.

District Commissioner Morris stated the County has been working on this issue for some time. He also stated that he believes the Board should direct staff to proceed with all agencies in order to seek acquisition of this property.

Commissioner McLain agreed, stating he believes it is important to get all the environmental organizations behind the County in acquiring the property. Whereupon, Mr. Gebaide stated they will make another attempt to contact those agencies.

Commissioner McLain stated he supports the District Commissioner.

The Board, by unanimous consensus, directed the staff to take all actions necessary to aggressively seek property acquisition funding from all appropriate governmental entities and private sources, if available, to acquire lands proximate to Clifton Springs as well as the waterbody itself.

County Attorney, Robert McMillan, addressed the Board to remind Commissioners that the individual interviews for the position of County Manager will start tomorrow. He distributed booklets (received & filed) prepared by Slavin Management Consultants to each Board member and advised he will be meeting with each Commissioner to see how they wish to proceed on Friday, May 28, 1999.

The Consent Agenda was presented for action.

Discussion ensued between Commissioner Maloy, Mr. McMillan, and Assistant County Attorney, Henry Brown, with regard to Item #1, CSX Transportation, Inc. property.

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

1. Approve proposed settlement relating to the Clinton H. and Catherine Westbrook, Sr. property, Parcel Numbers 122/722, located at 127 Quail Ridge Court, Sanford, of the County Road 46A, Phase II, road improvement project in the amount of $33,735.00, inclusive of attorneys’ fees and certain costs.

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

Henry Dean, Director of St. Johns River Water Management District (SJRWMD), addressed the Board to advise this presentation is to give the Board an update of what the SJRWMD, County staff and consultants have done with regard to the Water Vision 2020 program. He said they have been working with each local government to come up with a menu of alternatives for each to consider, with regard to water conservation and serving constituents' water needs for the next 20 years. Executive Summary Work Group Area I: East-Central Florida Water Supply Plan was received and filed.

Doug Munch, SJRWMD, addressed the Board to give an overhead slide presentation (copies received & filed). He advised currently they are in a water supply planning process. He said the water supply problem is a regional problem as there is not enough fresh ground water to supply all future needs. In order to find the right solution, it will require cooperation among water supply utilities in the region. The Water 2020 concepts are: not enough fresh ground water to meet needs; alternatives are available; and development of a plan to use these alternatives will require regional cooperation among utilities. He advised the 1998 Water Supply Assessment concluded that cumulative ground water level declines would result in unacceptable harm to wetland vegetation and spring flows if all 2020 public supply utility plans were implemented.

Bill Dunn, SJRWMD, addressed the Board to advise the planning process has been ongoing for 18 months and they have identified the following sources of water: Fresh Ground Water; Surface Water, and Brackish Ground Water. He reviewed the viable cost solutions - surface water from St. Johns River and current fresh ground water plans.

Chairman Henley commended Mr. Dean and his staff for the work that has been done already. He said this work has brought to the forefront the problem the region is facing and the need for regional planning and solutions.

Upon inquiry by Commissioner Van Der Weide, Mr. Dunn stated they have worked well with County staff to cap the flowing artesian wells. He said he does not have the exact number of wells that have been capped. Whereupon, Commissioner Van Der Weide suggested accelerating that program and Ms. Coto stated she can bring a status report back to the Board on same.

Mr. Dunn stated the District is actively seeking Federal funding and matching monies for Water 2020.

Mr. Dean stated he would be glad to look into the Clifton Springs acquisition matter discussed earlier in the meeting.

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Judge Nancy Alley and Judge Seymore Benson addressed the Board to request funding for the Supervised Visitation Center.

Judge Alley stated, as a judge in the family division, she has seen a need to monitor exchanges of children between divorced parents, domestic violence cases, and in cases where a child has been taken away from a custodial parent. She said exchanges are being made by parents who do not get along well and that brings about problems. She said this program would be non-adversarial and would provide feedback to the court. She advised that The Salvation Army would run the program and each parent would be required to bring a certain amount of money for each visit.

Ginny Hadley, Program Director, addressed the Board to explain the operation of the Supervised Visitation and Monitored Exchange Program. The goals of the program are: (1) Provide safe and secure environment during exchange of children for visitation; (2) Promote family interaction in a safe environment; (3) Offer community referrals to collaborative services; and (4) Provide family support during child visitation. She advised that along with the Salvation Army staff, there will be law enforcement present.

Upon inquiry by Commissioner Morris, Ms. Hadley advised they have been running the program at a deficit because of the work they have been doing with regard to the 1998 tornado and fires.

Upon further inquiry by Commissioner Morris, Ms. Hadley advised the program would be called Family Focus.

Commissioner Morris stated he strongly supports funding this program.

Commissioner Maloy questioned if there has been any effort to obtain shared funding with the cities. Whereupon, Ms. Hadley advised law enforcement is provided by all cities.

Chairman Henley advised he sits on the Salvation Army Board and is well aware of this need.

Commissioner Morris questioned if the monies from the Law Enforcement Trust Fund could be used for this program.

Commissioner Van Der Weide stated he also is on the Board of Directors for the local Salvation Army. He said he would like to see the Board put this program on the grant list, subject to the staff determining if Law Enforcement Trust Fund monies can be used.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to put the Supervised Visitation Center on the County's Community Services grant list, subject to staff's determination as to whether monies from the Law Enforcement Trust Fund can be used to fund same.

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

Commissioner Morris left the meeting at this time.

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Director of Administrative Services, Jamie Croteau, addressed the Board to present the options available to the Board with regard to the Courthouse Expansion. She advised that the City of Sanford's appraisal of City Hall came in at $5.8 million and the County's appraisal came in at $4.3 million. She explained the main difference in the appraisals is in the area of indirect costs - furniture, telephone/computer equipment and wiring, and design fees. She further advised that the County received a letter from SunTrust Bank indicating that they would be willing to offer the bank building. Also, received was a letter from Chief Judge Moxley in support of a criminal justice complex.

Ms. Croteau advised that Mayor Dale has indicated that if the County is not going to acquire City Hall, the City would be interested in negotiations to amend the 1996 Interlocal Agreement to allow the County to expand the Courthouse on city-owned property. She briefly outlined Options A thru D as listed in the Agenda Memorandum (received & filed).

At the request of the Chairman, Ms. Croteau explained the difference between Option B - Criminal Justice Complex construction/renovation of the Courthouse and Option D - expanding the Courthouse on city-owned property.

Commissioner Morris re-entered the meeting at this time.

City of Sanford Commissioner, Barry Lessard, addressed the Board to state as a County resident, he believes the purchase of City Hall is the most economical and feasible option. He added he believes there is room on the property that is included with City Hall for expansion.

Chairman Henley stated he believes the City Officials should be commended for being willing to offer City Hall and putting it into the "mix".

Commissioner Maloy stated that buying City Hall at $5.8 million, plus the cost of refurbishing it, is going to be expensive, and it will not solve the problem. He said he would support Option B, building a Criminal Justice Complex.

Commissioner Van Der Weide stated the Board has been discussing this issue a long time and he believes they should approach the Courthouse in the same way they approached the Public Safety Building. He said he would like to enter into negotiations with the City and build a new Courthouse the right way in downtown Sanford.

Commissioner Morris stated he believes the issue is what can the County afford to build. Therefore, he would support acquiring City Hall at this time to take care of the immediate needs. He questioned if the City would contemplate moving a little on their appraisal of City Hall.

Commissioner Lessard advised the City is not looking to profit in this venture; however, they will need to facilitate replacing City Hall. He said they have sharpened their pencils and the best number they came up with is $5.6 million.

Upon inquiry by Commissioner Morris, Commissioner Lessard advised the City would be prepared to start accommodating the move within 30 to 90 days. City Manager, Tony VanDerworp, addressed the Board to advise currently there is space on the first floor of City Hall that could be vacated and ready for move-in almost immediately.

Commissioner Van Der Weide stated he believes the funding issue is another meeting.

Commissioner McLain stated the County has been working on this problem for six years. The problem with rehashing this for six years is that the judicial facility is way over cramped and in some areas there are code violations with regard to storage of boxes. He said the Board needs to develop a strategy to expand the Courthouse within the County's financial means. He stated in order to build a new courthouse, it would cost $40 million and require a tax increase. On the other hand, Option A, acquiring City Hall, would be able to be done without a tax increase. He said that keeping the Courthouse in its general location and the efficiency of operation is very important to the Clerk. Therefore, he said he would support Option A and acquiring City Hall at $5.6 million over a two-year period. He added that he believes it is appropriate for the Board to go ahead and move this issue forward and show some fortitude in solving the Courthouse space needs.

Motion by Commissioner McLain, seconded by Commissioner Morris to instruct the staff to move forward with negotiating a contract with the City of Sanford for the acquisition of City Hall at $5.6 million; and to come back to the Board with a timeline and a payment schedule to accommodate that purchase, with the County to immediately take possession of the first floor.

Under discussion, Commissioner Morris stated this is not the optima solution, but the beginning of the solution.

Commissioner McLain stated he believes the staff needs to consider the SunBank parking for additional Courthouse parking.

Chairman Henley expressed his concern that the $19.5 million figure for Option A is over a year old.

Upon inquiry by Chairman Henley, Ms. Croteau advised the $19.5 million includes renovation of office space and not courtroom space. She said the difference in cost between office space and courtroom space is $30 per square foot. Commissioner Morris left the meeting at this time.

Discussion ensued with regard to the renovation of City Hall.

Commissioner Morris re-entered the meeting at this time.

Commissioner Maloy stated he agrees with Commissioner Van Der Weide - the County should do this right.

Chairman Henley stated there have been questions raised with regard to the total cost. Therefore, he would suggest the Board delay this and instruct staff to come back with figures of exactly what will go into the facility and what it would cost to convert to courtrooms. He said this is an important decision and he thinks the Board would be a lot wiser if they had this information.

Commissioner Morris stated that as strong as the motion maker and he feel about this subject, he does not believe the Board is making a political decision. He agreed that all the information should be brought back so that there is no confusion. He said the fact that after all this time, there is still confusion is disappointing.

Commissioner Van Der Weide stated he would like to think that this process could be accelerated and the information brought back in a work session form in short order.

Ms. Coto stated it would be her recommendation to bring this back on Friday of the Budget Work Sessions scheduled in June.

Commissioner McLain stated he does not have a problem with the Board wanting to postpone this decision one more time. He said he believes the Board is going to have to borrow money to do this project. He withdrew his motion at this time, stating he will leave this up to the rest of the Board to come up with a solution. Commissioner Morris withdrew his second to the motion.

Commissioner Morris stated he does not believe it is a good idea to bring this back on Friday of the Budget Work Sessions, because, he feels, this should be built into the budget process now.

The Board, by consensus, directed the staff to look at Option A, and include in it any and all space in the calculations, making sure the judicial needs are considered, and the possibility of more courtroom space rather than office space, leaving in the additional parking needs and walk-over. Also, to bring back a complete square footage for each of the functions and to calculate the cost for each option.

Commissioners Maloy and McLain left the meeting at this time.

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Kevin Fall, Comprehensive Planning, and John Jones, Economic Development, addressed the Board to give an update on the 17-92 CRA meetings, advising a Business Plan has been drafted for funding and will be distributed to the Board for comments. The next meeting of the CRA is schedule for June 24, 1999.

Commissioner Maloy re-entered the meeting at this time.

Ms. Coto advised of corrections to Item #20, Public Hearing for Lot Clearing Ordinance, and #25, Resolution & Deed with FDOT for Haul Road.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Maloy briefly discussed Item #25 with staff.

At the request of the Chairman, Director Penny Fleming of the Sheriff's Office addressed the Board to clarify Item #5, CSBG Federal allocation, advising there is about $8,000 difference between what is in the Sheriff's proposed budget.

Commissioner Van Der Weide re-entered the meeting at this time.

Chairman Henley suggested moving forward with this item, with additional discussion to be conducted at budget time. This would allow Ms. Fleming to go ahead and start the paperwork process.

Commissioner Maloy discussed Item #24, Resolution increasing E-911 Fee, with staff. Item #24 was pulled for discussion at this afternoon's meeting.

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

1. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page ________, for Shannon M. Blake for the Lake Mills Shores Roadway and Drainage Municipal Services (MSBU).

1. Award FC-173-99/BJC, as shown on page _______, Construction of Restroom and Pavilion at Mullet Lake Park to Elizabethan Construction Services, Inc., Lake Mary ($63,000.00)

 

Professional Services

2. Award PS-523-98/BJC, as shown on page _______, Construction Engineering and Inspection Services for Chuluota Bypass Project, to GAI Consultants-Southeast, Inc., Orlando ($258,796.94).
3. Approve ranking list for PS-537-99/BJC, Preliminary Engineering and Final Design Services for C-15 (from S.R. 46 to S.R. 600/US 17-92), and award Contract, as shown on page ________, to Bowyer-Singleton & Associates, Inc., Orlando (Not-to-exceed $420,000.00).
4. Approve ranking list for PS-539-99/BJC, Engineering Services for new Water Main Extension on International Parkway and Lake Mary Boulevard and New Water Main Extension on Bear Gully Road, authorize negotiations, and award a contract to CPH Engineering, Inc., Sanford (Not-to-exceed $192,792.00).
5. Approve ranking list for PS-540-99/BJC, Feasibility and Implementation Study for Seminole County Traffic Management System, and award Contract, as shown on page _______, to TEI Engineers & Planners, Altamonte Springs (Not-to-exceed $250,000.00).

 

Request for Proposals

6. Award RFP-461-99/BJC, as shown on page _______, Wetlands Monitoring, to PBS&J, Engineers, Winter Park (Not-to-exceed $300,000.00).

 

Sole Source/Proprietary Source

7. Authorize Proprietary Source Procurement and approve the purchase of 60 each Motorola Terminal Units, plus accessories, from Motorola C & E, Inc., Longwood ($379,596.00).

1. Approve and authorize Chairman to execute the Fiber Optic Communication Network Interlocal Agreement, as shown on page ________, (FOCN), providing provisions for the shared use of the FOCN by the City of Casselberry.

1. Adopt appropriate Resolution #99-R-74, as shown on page ________, vacating a 14’ utility easement along the common lot line of Lots 153 and 158; property located at the intersection of Myrtle Lake Hills Road and Highland Drive in the Myrtle Lakes Hills Subdivision east of Myrtle Lake Road (Phuoc Nguyen & Yen Thikim).

1. Adoption of appropriate Resolution #99-R-78, as shown on page _______, and authorize Chairman to execute a County Deed, as shown on page _______, Seminole County to the State of Florida Department of Transportation (FDOT Parcel Nos. 153.1 and 153.2) conveying the County’s interest in property jointly owned with the FDOT (former borrow pit site and adjacent right-of-way known as Haul Road) in conjunction with a 1967 State Road 426 Roadway Construction Project, No. 77060-2501.

Ms. Coto advised that request for Amendment to the Interlocal Agreement with the University of Central Florida has been pulled and will be brought back to the Board at a later date.

Commissioner McLain re-entered the meeting at this time.

Director of Library & Leisure Services Suzy Goldman, addressed the Board to recommend purchase of the Kewannee Trail site for a neighborhood park.

The Chairman expressed his appreciation to staff and to Stan Bessmer for their work on this in a short period of time.

Letters in support of the Fern Park site were received and filed.

Motion by Commissioner McLain, seconded by Commissioner Morris to instruct the staff to earmark $500,000, for a neighborhood park in the Fern Park area; to negotiate the purchase of the 12-acre site on Kewannee Trail for a neighborhood park; and to earmark the remainder of the money for a park site in the Lake Mary Crossings area.

Under discussion, Commissioner Morris advised he will have a recommendation with regard to the Lake Mary site at the next Board meeting.

The Chairman urged Commissioner Morris to obtain preferences from homeowner association representatives, which would be within the budget constraints.

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

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Commissioner Morris advised he has to leave the meeting at this time, but would urge the Board to go with the staff's recommendation with regard to Item #D-1, Sanford Historic Memorial Stadium.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve request for restructuring in the Development Review Division, to establish three positions from two existing positions with no increased impact on the current budget.

Districts 1, 3, 4 and 5 voted AYE.

Ms. Coto presented request for funding for renovations to the Sanford Historic Memorial Stadium. The TDC staff is recommending funding in the amount of $150,000, $50,000 per year for three years. The Tourist Development Council recommended $600,000 in funding.

Jason Weeks, Central Florida Sports Commission, addressed the Board to discuss the funding request.

Tom Seifried, TDC Board Member, addressed the Board to discuss the Council's deliberations on this request.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve funding the renovations to the Sanford Historic Memorial Stadium in the amount of $600,000, $60,000 per year for ten years, as recommended by the Tourist Development Council.

Under discussion, Commissioner Maloy stated he supports funding as recommended by staff.

At the request of the Chairman, Sanford City Manager, Tony VanDerworp, discussed the proposed bonding by the City.

Chairman Henley stated he has trouble supporting this at the $600,000 funding level.

Commissioner Van Der Weide suggested continuing this item until this afternoon for consideration by the full Board. Whereupon, Commissioner McLain withdrew his motion, pending discussion at this afternoon's meeting.

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

1. Expenditure Approval Lists, as shown on page ________, dated May 4 & 11, 1999; and Payroll Approval List, as shown on page ______, dated May 13, 1999.

 

2. Chairman to execute the following Satisfactions of Judgment for Court Costs:

 

Darcy Frank Howard, Case #98000328CFA - $40 Public Defender Application Fee

Lisa Kemp, Case #95002432CFA - $253 plus $66.39 interest

Donna Tellez, Case #97004285CFC - $103

Robert J. Walker, Case #98000907CFA - $258 plus $11.03 interest

Earl Jack Williams, Case #97004154CFB - $218 plus $19.05 interest

 

3. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:

 

Shawn M. Chambliss & Amwest Surety Ins. Co. - $1,038

Jermaine O’Neal Robinson & Frontier Ins. Co. - $5,038

 

4. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:

 

Timmy Aitken, Case #91007630MM - $100

Bryan Armstrong, Case #98001377CFA - $200

Rebecca Baird, Case #99001192MM - $100

Nikketi Shatwan Baker, Case #96003350CFB - $200

Tony Wayne Bass, Case #92002306CFA - $350

Henry Blanton, Case #97012748MM - $200

Keith Cain, Case #97002653CFA - $200

Louis E. Chinnery, Case #97011424MM - $200

Robert Clupper, Case #98005008MM - $200

Marilyn W. Cross, Case #G89002752CFA - $200

Jill Demeter, Case #98003225CJA - $75

Heather Dinkelo, Case #98004385MM - $200

Mark N. Dufault, Case #98009733MM - $100

Michael Ennis, Case #97009737MM - $200

Kathy Ferguson, Case #99000475MM - $200

Janet Riggs Flannagin, Case #98001124CFA - $200

Clarice Michelle Ford, Case #94003181CFA - $200

Marianne Frick, Case #98001201CJA - $100

Charles Garner, Case #98003495MM - $100

Vernon Glassco, Case #98003175CJA - $100

Lonny J. Green, Jr., Case #97005607MM - $225

Cindy Groskey, Case #98000866MM - $200

Tarsha Hall, Case #97010267MM - $100

Roderick Hamilton, Case #P831382CFA - $350

Rita Howell, Case #98001811CFA - $350

Kenneth James, Case #98000727MM - $200

Karen Denise (aka Annette Wilcox) Johnson, Case #91005107MM - $100

Marco Jordon, Case #97004036CFA - $200

John S. Lisoski, Case #98009591MM - $200

Michael W. Martling, Case #99002656MM - $200

Timothy Eugene Meyers, Case #93000743MM - $200

John Wesley Middlebrooks, Case #97000747MM - $100

Phillip Martin Minshall, Case #8304969349295B - $100

Phillip M. Minshall, Case #93002695CFA - $200

James O’Brien, Case #98007116MM - $200

Trevor Olive, Case #98006749MM - $200

Brandy Parker, Case #98000668CJA - $50

Joel Pedraza, Case #98000301CFA - $100

Stanly Reynolds, Case #98003609CJA - $50

Bradley George Risteen, Case #97002859MM - $200

Harry Roberts, Case #96006136MM - $500

Larry Robinson, Case #97001763CFA - $350

Theodore Schwertman, Case #97003312CFA - $200

Debra Shrock, Case #98001172CJA - $50

Daisy PC Sierra, Case #98000604CJA - $100

George J. Stone, Case #98012651MM - $200

Thomas Neal Terrell, Case #97012226MM - $200

Charles Anthony Thomas, Case #97010332MM - $100

Guy J. Thomas, Case #98009039MM - $200

David Allen Thompson, Case #98000959MM - $100

Sammy St. Jr. Torres, Case #98002764CJA - $100

Clarissa (F.V.) Vega, Case #96000368CJA - $250

John Ware, Case #93000014CFA - $500

Eric C. Werder, Case #98003330MM - $200

Sheila White, Case #94001396CJA - $50

Michael Wilson, Case #98009613MM - $200

Jackie Winkler, Case #98002034CFA - $200

Jackie Winkler, Case #98003643MM - $200

5. Approval of Official Minutes dated April 27, 1999.

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

1. Work Orders #3 & #4 to PS-515, as shown on page ________.

 

2. Emergency Medical Services Billing and Collections Audit from Maryanne Morse, Clerk of Circuit Court.

 

3. Letter from Andrea Lorenzo-Luaces, Interim City Clerk, City of Winter Springs, to Clerk of Circuit Court, relative to expanding their boundaries.

 

4. Memorandum from Lonnie Groot, Deputy County Attorney, to Sandy McCann, BCC Records, relative to Date Stamping Orders.

 

5. Letter from Julia Johnson, Public Service Commission, to Maryanne Morse, Clerk of Courts, regarding modification to the 407 area code relief plan.

 

6. Memorandum from Sandy McCann, County Commission Records, to Robert Wilson, County Finance Director, regarding destruction of large exhibits, construction plans and engineering drawings.

 

7. Memorandum from Sandy McCann, County Commission Records, to Mary Givens-Singleton, Micrographics Supervisor, regarding destruction of large exhibits, construction plans and engineering drawings.

 

8. Florida Public Service Commission Conference Agenda scheduled for May 18, 1999.
9. Certificates of Title, as shown on page ________, for Magnolia Plantation and Forest Cove.

 

10. Warranty Deeds, Partial Release of Mortgage, Temporary Construction Easements, Subordination Agreement, QuitClaim Deed, and Satisfactions of Mortgage, as shown on page _________, for CR 46A, Phase II.

 

11. Closing Statements and Disbursement Sheets, Warranty Deeds, Title Policies, Partial Releases of Mortgage, Temporary Construction Easement, and Real Estate Closing Statements, as shown on page _________, for Chuluota Bypass.

 

12. Seminole County Sheriff’s Office Budget Proposal for FY 1999/00.

 

13. Conditional Utility Agreement, as shown on page ________, for TBS Development-Orlando, Inc.

 

14. Performance Bond for Bid RFP-215, as shown on page ________.

 

15. Bids as follows: FC-162-99; FC-169-99; FC-170-99; FC-171-99; FC-172-99; FC-173-99; RFP-460-99; and RFP-469-99.

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

1. Approve and authorize Law Enforcement Trust Fund Expenditure in the amount of $1,000 for a contribution for the Boys and Girls Clubs of Central Florida.

 

2. Approve and authorize Law Enforcement Trust Fund Expenditure in the amount of $300 for alcohol-free, drug-free eighth-grade graduation celebration for Rock Lake Middle School.

Districts 1, 3, 4 and 5 voted AYE.

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The Board, thereupon, recessed at 12:40 p.m., reconvening at 1:30 p.m., with all Officials who were present at the Opening Session.

The Board further discussed request from the City of Sanford for TDC funding for the renovations to the Sanford Historic Memorial Stadium.

Jason Weeks, Central Florida Sports Commission, stated there are some baseball events where they don't have a stadium available to market.

Commissioner McLain explained the renovation debt will be the City of Sanford's and the County, if approved, will be paying $60,000 a year toward that debt.

Mayor Larry Dale, Sanford, addressed the Board to advise the City has a $10 million letter of credit for various projects established for the City so they would not anticipate going to a bond issue for this project. Discussion ensued.

Upon inquiry by Commissioner Morris, Mayor Dale stated they intend to go after as many funding sources as available. He advised Tim Raines has already contributed $50,000 for this project and they intend to go back to the State for another $100,000. He said that if they receive more funding from more sources, they will reduce the TDC money by that amount.

Commissioner Morris suggested "splitting the baby" and recommended funding in the amount of $400,000.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve TDC funding in the amount of $400,000 ($40,000 over ten years) for the Sanford Historic Memorial Stadium.

Under discussion, Commissioner Morris stated it is the intent that if the City comes up with additional funding, the TDC dollars would be reduced by that amount.

Commissioner McLain stated he still supports $60,000 for ten years.

Districts 1, 2 and 4 voted AYE.

Commissioners Van Der Weide and McLain voted NAY.

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

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

Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) for property located on the north side of Church Street, 180 feet west of Upsala Road (C-15), George Viele, received and filed.

Current Planning Manager, John Dwyer, addressed the Board to advise the rezoning would allow the property to be utilized for office/warehouse use. The requested uses would be those uses permitted in C-3 and M-1A zoning classifications with the exception of contractors equipment storage yards and lumber yards. He reviewed for the Board the site analysis and advised based on staff analysis, prior to all public hearings, staff recommends that the subject request: (1) Is in compliance with the provisions of the Seminole County Comprehensive Plan and the Seminole County Land Development Code; (2) 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 rezoning subject to the following: (1) Parking spaces to comply with requirements of the off-street parking and landscaping section of the Land Development Code; (2) All landscaping to comply with the minimum requirements of the Land Development Code; (3) Outdoor advertising signage shall not be permitted within the PCD; (4) Dedication of 20 feet of additional right-of-way on the north side of Church Street adjacent to the subject property; (5) Church Street shall be paved from Upsala (C-15) to the western boundary of the subject property; and (6) Outside storage of products and/or materials is not permitted within the PCD.

George Viele, applicant, addressed the Board to state they have been working with staff over the last several months and would request approval subject to the conditions stipulated by staff.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised they have not discussed the issue of lighting because that will be done during site plan review.

Mr. Viele stated they will commit to shoebox lighting.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Morris to adopt Ordinance #99-15, as shown on page _______, rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development) property located on the north side of Church Street, 180 feet west of Upsala Road (C-15), as described in the proof of publication, George Viele, and approval of the Development Order, as shown on page _______, with staff recommendations and the applicant's voluntary commitment with regard to shoebox lighting.

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

Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance regulating the Motor Vehicle Title Loans, received and filed.

Deputy County Attorney, Lonnie Groot, addressed the Board to state due to the title loan legislation not passing, the Board authorized advertising an ordinance capping the interest rate for such loans at 30%. Copy of Memo from Mr. Groot attaching a copy of a letter from Attorney General Butterworth was received and filed.

Commissioner Maloy stated Orange County will be discussing this same issue today.

Mr. Groot advised Lake County decided not to proceed with an ordinance; Volusia County is reviewing an ordinance; and Brevard County is beginning the initial stages of drafting an ordinance. He said this ordinance would be a County-wide application.

Commissioner Morris questioned if the proposed ordinance is a fairly close model of the Orange County Ordinance so that there won't be a cross-border issue. Whereupon, Mr. Groot advised the ordinances are identical.

Michael Micelli, 3260 N. Hwy. 17-92, addressed the Board to advise he is owner and manager of four title loan stores in Seminole and Volusia Counties. He said if this ordinance passes, there will be no title loan stores in Seminole County. He stated they only average one to two loans a day. He also said this business helps the needy and poor.

Dennis Fountain, 815 Orienta Avenue, addressed the Board to advise he represents several title loan store owners and they are all in opposition to the ordinance. He agreed that the ordinance will put people out of business. He said a substantial number of the loans are not paid and the repossession of the vehicles usually yield a significantly lower amount. He stated that if people go to a pawn shop, they have to give up their car and how will they get to work to pay off the loan. Discussion ensued.

Commissioner Morris questioned why should government enable people to become more indebted with incredibly high interest rates. He added that the County does not have the ability to legislate pawn shops.

Commissioner Van Der Weide stated he believes the interest rates being charged are criminal and personally offensive at the very least. He said he feels that if the Board does not do something, they would be negligent in their job to protect the citizens who need protecting the most.

Commissioner McLain stated he believes the interest rates being charged is usury and reform is needed. He also stated he believes the Board needs to deal with the issue of pawn shops.

A brief discussion ensued with regard to check cashing business and advance paycheck stores.

No one else spoke in support or in opposition.

Written Comment Forms and Speaker Request Forms were received and filed.

Motion by Commissioner Van Der Weide, seconded by Commissioner McLain to adopt Ordinance #99-16, as shown on page _________, regulating the Motor Vehicle Title Loans, as described in the proof of publication; and to direct the staff to review pawn shops and check cashing establishments.

Under discussion, Commissioner McLain stated one of the problems is that banks are now requiring higher limits on checking and saving accounts. He said the large banks are not providing a service to the community that they were charged to do. He added that there is a trend for small community banks who are more community-minded.

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

Commissioner Maloy recommended approval of the increase in the E-911 fee for one year with an analysis to be returned to the Board at that time for consideration of reducing the fee.

Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate Resolution #99-R-77, as shown on page _________, increasing the E-911 fee to 50 cents for one year, after which, staff is to analyze same and bring back to the Board for consideration of reducing said fee.

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

The Chairman announced that the Board will defer adoption of the resolution for the Seminole High School's Boys Track Team until another meeting so that the team can be in attendance.

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At the request of the Chairman, Mr. McMillan discussed the Pennsylvania Federal Court of Appeal's ruling relating to the public nudity ordinance. He recommended the County file with Rick Nelson, as a Friend of the Court, in defense of the ordinance. He said that whatever comes out of this case will impact litigation locally. He added that Mr. Nelson has agreed to handle this pro bono except for travel and copies.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize the County Attorney to proceed with Rick Nelson to file as a Friend of the Court in defense of the Public Nudity Ordinance overturned in Pennsylvania.

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

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Mr. McMillan distributed packets for the County Manager candidates' interviews.

Motion by Commissioner Morris, seconded by Commissioner Maloy to reappoint Tom Laird and David Burman to the Program Review Committee (PRC), effective immediately.

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

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Motion by Commissioner Morris, seconded by Commissioner Maloy to appoint Art Ackerman, Deb DeVoe, and Debra Hanschar to the Bicycle Advisory Board, effective immediately.

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

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Commissioner Morris advised of the Seminole Family Center YMCA request for Waste Tire Grant Funds in order to purchase rubberized playground flooring for their new expansion. He recommended the Board approve the request. Copy of letter from Bobby Adams of the EPA was received and filed.

Motion by Commissioner Morris, seconded by Commissioner McLain to approve request of the Seminole Family Center YMCA for Waste Tire Grant Funds in the amount of $25,000, for the purchase of rubberized playground flooring.

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

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

1. E-mail dated 5/13/99 to BCC from Mary McKee re: Development west of I-4. (cc: Acting Co. Manager, Planning & Development Director)

 

2. Letter dated 5/12/99 to Governor Bush from Chairman re: 1999 State Appropriations Bill. (cc: BCC, Acting Co Manager, Fiscal Services Director, Public Works Director, Comprehensive Planning Manager, County Engineer, Stormwater Manager, Deputy Co. Attorney)

 

3. Copy of a memorandum dated 5/11/99 to D. Ray Eubanks, FDCA, Community Program Administrator & James Stansbury, FDCA, Community Program Administrator from Sandra Glenn, Executive Director-ECFRPC re: Comprehensive Plan Amendments. (cc: BCC, Acting Co. Manager, Planning & Development Director, Co. Attorney)

 

4. Letter dated 5/6/99 to Chairman (with attached press release from USDA) from Joseph Myers, Director, Division of Emergency Management-Dept. of Community Affairs re: Emergency Loans. (cc: County Emergency Management, BCC, Acting Co. Manager)

 

5. E-mail dated 5/11/99 to BCC from William & Denise Martin re: Development west of I-4. (cc: Acting Co. Manager, Planning & Development Director)

 

6. Agenda for 5/17/99 City of Oviedo Council meeting.

 

7. Facsimile letter dated 5/12/99 to Chairman from Rohit Joshi re: Winter Springs Town Center. (cc: BCC, Acting Co. Manager, Co. Attorney)

 

8. Copy of a letter dated 5/11/99 to David Tollman from Frances Chandler, Planning & Development Director re: Application for Demolition Permit-Summer Oaks Estates guardhouse. (cc: BCC, Acting Co. Manager, Current Planning Manager, Acting Building Official, Deputy Co. Attorney)

 

9. Letter dated 5/11/99 to Cindy Coto, Acting Co. Manager (with attached ordinance) from Janet Dougherty, Sanford City Clerk re: Annexation Ordinance #3475. (cc: Current Planning, Property Appraiser)

 

10. Letter dated 5/11/99 to County Manager (with attached ordinance) from Richard Wells, Community Development Director-Casselberry re: Annexation Ordinance #99-932. (cc: Current Planning, Property Appraiser)

 

11. Letter dated 5/11/99 to all Seminole City Mayors from Chairman re: Informal gathering to meet the Co. Manager candidates.

 

12. Notice of Public Hearing for City of Oviedo-Amendments to the River Oaks Planned Unit Development. (cc: BCC, Planning & Development Director)

 

13. Memorandum dated 5/11/99 to BCC from Sonny Sutherland, Acting Building Official re: Rescheduling of Public Hearing for amendments to Chapters 40 and 85. (cc: Acting Co. Manager, Deputy Co. Attorney, Planning & Development Director, Assistant Co. Attorney, Lead Administrative Aide)

 

14. Letter dated 5/11/99 to BCC from Roland Magyar, Planner-City of Casselberry re: Notification of Administrative Rezoning. (cc: Current Planning)

 

15. Letter dated 5/11/99 to BCC (with attached notice) from Janet Dougherty, Sanford City Clerk re: Proof of Publication Ordinance #3472. (cc: Current Planning)

 

16. Letter dated 5/11/99 to BCC (with attached notice) from Janet Dougherty, Sanford City Clerk re: Proof of Publication Ordinance #3475. (cc: Current Planning)

 

17. Facsimile received 5/12/99 to BCC and Acting Co. Manager (with attached customer questionnaires) from Express Title Loan.

 

18. Memorandum dated 5/11/99 to BCC from Colleen Rotella, Comprehensive Planning Manager re: National Trails Day. (cc: Acting Co. Manager, Planning & Development Director, Library & Leisure Services Director, Parks & Recreation Manager)

 

19. Notice and agenda for the Seminole County Port Authority meeting of 5/19/99.
20. Memorandum dated 5/10/99 to BCC (with attached letters from the Osceola County Attorney and the Brevard County Attorney) from Lonnie Groot, Deputy Co. Attorney re: Title Loan Ordinances. (cc: Acting Co. Manager)

 

21. E-mail dated 5/9/99 to BCC from Violet and William Restall re: Opposition to growth in Chuluota area.

 

22. Letters of appreciation for donations from Kenneth Roberts, Public Safety Director to the following: Sabrina Bowman, R. Guerra, Mary Scott, Ellen Thomas.

 

23. Letter dated 5/15/99 to BCC from Ira and Rhoda Schwartzberg re: proposed Wal-Mart Superstore, Bill Heard Chevrolet and Seminole Ford.

 

24. Facsimile dated 5/15/99 to BCC from Mr. and Mrs. Charles Pitts re: proposed Wal-Mart Superstore, Bill Heard Chevrolet and Seminole Ford.

 

25. E-mail dated 5/16/99 to BCC from Sarah I. Deben re: proposed Wal-Mart Superstore, Bill Heard Chevrolet and Seminole Ford.

 

26. E-mail dated 5/16/99 to BCC from Antonio Deben re: proposed Wal-Mart Superstore, Bill Heard Chevrolet and Seminole Ford.

 

27. E-mail dated 5/15/99 to BCC from Sharon and Ron Tucker re: proposed Wal-Mart Superstore, Bill Heard Chevrolet and Seminole Ford.

 

28. Copy of letter dated 5/15/99 to Larry E. Powers, Esquire from Lonnie Groot, Deputy Co. Attorney re: Palm Springs Road. (cc: BCC, Acting Co. Manager, Public Works Director, Road Operations Manager, Right of Way Office, Diane Kramer-Seminole Co. School Board)

 

29. Letter dated 5/13/99 to Chairman from William A. Nightengale, President Indian Hills Homeowners Association re: Supporting proposed park on Kewannee Trail. (cc: BCC)

 

30. Memorandum dated 5/17/99 (with attached invitation) to BCC from Deirdre A. Irwin, WAV Coordinator re: Partin Elementary Schoolyard Ecosystem Project. (cc: Acting Co. Manager, Public Works Director)

 

31. Copy of letter dated 5/13/99 to Cindy Coto, Acting Co. Manager from Keith Hulbert, Florida Power Corp., re: Year 2000 readiness. (cc: BCC, Information Technologies Director)

 

32. Memorandum dated 5/14/99 to BCC from Jerry McCollum, Co. Engineer re: Sanford Avenue Reconstruction from Airport Blvd. to SR 46. (cc: Acting Co. Manager, Public Works Director, Traffic Engineer, Principal Engineer)

 

33. Letter dated 5/10/99 to Chairman from Ben Dillard, Dillard Enterprises re: title loan companies. (cc: BCC, Acting Co. Manager, Deputy Co. Attorney)

1. E-mail dated 5/22/99 to BCC from Terry Weiss re: Opposition to proposed Wal-Mart. (cc: Acting Co. Manager, Planning & Development Director)

 

2. E-mail dated 5/21/99 to BCC from Dr. & Mrs. Roger Nash re: Opposition to new businesses west of I-4. (cc: Acting Co. Manager, Planning & Development Director)

 

3. Memorandum dated 5/24/99 to BCC, Constitutional Officers, Judicial, Co. Attorney, Acting Co. Manager, Department Directors, Sr. Deputy Court Administrator from Cindy Hall, Fiscal Services Director re: Schedule for Budget Worksessions.

 

4. Letter dated 5/21/99 to BCC (with attached correspondence) from Daniel Slawter, Director of Operations-American Personal Asset Lenders, Inc. (cc: Acting Co. Manager, Co. Attorney)

 

5. Memorandum dated 5/24/99 to BCC from Lonnie Groot, Deputy Co. Attorney re: Revised Economic Impact Statement-Title Loan Ordinance. (cc: Acting Co. Manager, Fiscal Services Director, BCC Records)

 

6. Memorandum dated 5/24/99 to BCC (with attached letter from Governor Bush) from Lonnie Groot, Deputy Co. Attorney re: Intangible Tax Reduction. (cc: Acting Co. Manager, Fiscal Services Director, Bobby Brantley.

 

7. Copy of letter dated 5/20/99 to David Struhs, Secretary-Fla. Department of Environmental Protection from Eric Glitzenstein re: Notice of Intent to Sue Over Violations of the Endangered Species Act in Connection with the Florida Manatee. (cc: As noted)

 

8. Letter dated 5/20/99 to Chairman from Dr. Burt Bertram, Seminole Vision (endorsed by the Mayors of all seven Seminole County cities) re: Road building program. (cc: Mayors, Larry Furlong, Chairman-SCPS, BCC, Acting Co. Manager, Public Works Director, Fiscal Services Director)

 

9. Letter dated 5/24/99 to Chairman from Bob & Fran Manuel re: Commercial Development on SR 46 west of I-4. (cc: BCC, Acting Co. Manager, Planning & Development Director)

 

10. Notice of Receipt of Application for Proposed Planning Action-City of Sanford on 6/28/99. (cc: Current Planning, Property Appraiser)

 

11. Letter dated 5/17/99 to Chairman (with attached letter from Mrs. Sheffield) from Daniel Slater, Director of Operations-American Personal Asset Lenders, Inc. re: Title Loan Reform. (cc: BCC, Acting Co. Manager)

 

12. Letter dated 5/17/99 to Chairman from Emily Furlong, Seminole HEART re: Funding for Family Focus. (cc: BCC Acting Co. Manager)

 

13. Letter dated 5/14/99 to Chairman (with attached Ordinance, Legal Description and location map) from Thelma McPherson, Casselberry City Clerk re: Ordinance #99-932. (cc: Casselberry City Manager, Casselberry Community Development Director, BCC, Acting Co. Manager)

 

14. Copy of memorandum dated 5/14/99 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner re: Submission into County Records. (cc: Acting Co. Manager, BCC, Environmental Services Director)

 

15. Minutes from 4/8/99 Tourist Development Council Meeting.

 

16. Letter dated 5/18/99 to Donald White from Chairman re: CR 427 Phase III. (cc: BCC, Co. Engineer)

 

17. E-mail dated 5/17/99 to BCC from Terry Ridinger re: Hwy 46 development west of I-4. (cc: Acting Co. Manager, Planning & Development Director)

 

18. Letter dated 5/12/99 to John Dwyer from Joyce & Keith Marshall re: Opposition to development west of I-4. (cc: BCC, Acting Co. Manager, Planning & Development Director)

 

19. Letter dated 5/17/88 to Chairman (with attached Public Hearing Notice) from R. Gregg Caro, Project Manager-Fla. Dept of Transportation re: Public Hearing Notification. (cc: BCC, Frederick Birnie, Noranne Downs)

 

20. Letter dated 5/17/99 to Chairman (with attached letters of certification) from Maryanne Morse, Clerk of the Circuit Court re: Year 2000 compliance. (cc: BCC, Records, Acting Co. Manager, Department Directors, Finance Director, Finance Manager)

 

21. E-mail dated 5/21/99 to BCC from Sam and Cathy Timpano re: Proposed Wal-Mart Store. (cc: Acting Co. Manager, Planning & Development Director)

 

22. Memorandum dated 5/13/99 to BCC (with attached report) from David Medley, Community Assistance Division Manager re: FY 98/99 Community Service Agency Second Quarter Report. (cc: Community Assistance Director, Fiscal Services Director, Senior Budget Analyst)

 

23. E–mail dated 5/20/99 to BCC from Ron and Pamela Camillone re: Development west of I-4. (cc: Acting Co. Manager, Planning & Development Director)

 

24. E-mail dated 5/20/99 to BCC from Michael Micelli re: Title Loan Ordinance. (cc: Acting Co. Manager, Co. Attorney)

 

25. E-mail dated 5/21/99 to BCC from Mary Micelli re: Proposed Title Loan Ordinance. (cc: Acting Co. Manager, Co. Attorney)

 

26. Letter dated 5/20/99 to Chairman from Dr. Algonso Estefan re: Proposed Wal-Mart store. (cc: BCC, Acting Co. Manager, Planning & Development Director)

 

27. Letter dated 5/20/99 to Governor Bush from Chairman re: Senate Bill 1566. (cc: BCC, Acting Co. Manager, Darrell Kelley-Economic Development Commission, Economic Development Director, Bobby Brantley,-Legislative Consultant, Deputy Co. Attorney)

 

28. Letter dated 5/20/99 to Ray Eubanks, Fla. Dept. of Community Affairs from Chairman re: Transmittal of Adopted Large Scale Responsive Amendments (Chuluota Small Area).

Chairman Henley distributed the MetroPlan Board Meeting highlights for May 12, 1999 (copy received & filed).

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Commissioner McLain advised that CALNO is getting behind the initiative with regard to the Friend of the Court lawsuit.

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The Board, thereupon, recessed at 2:50 p.m., reconvening at 7:01 p.m. with all Commissioners, with Commissioner Morris entering late, and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Chairman Henley gave opening remarks on the public hearing procedures.

Commissioner Morris entered the meeting at this time.

Proof of publication, as shown on page __________, calling for a public hearing to consider Heathrow Development Notice of Proposed Change to an approved Development of Regional Impact (DRI); property located south of Markham Road and west of Orange Boulevard, Miranda F. Fitzgerald, received and filed.

Chairman Henley stated he understands this item is requested to be postponed again.

Matt West, Planner, addressed the Board to state staff is requesting the Board continue this hearing to June 22, 1999, 7:00 p.m.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to continue to June 22, 1999, 7:00 p.m., or as soon thereafter as possible, the Notice of Proposed Change to an approved Development of Regional Impact (DRI); property located south of Markham Road and west of Orange Boulevard; as described in the proof of publication, Miranda F. Fitzgerald.

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 a Special Exception for David and Teresa Mikeal to permit a dog kennel for up to 20 dogs on a 40-acre parcel located on the north side of Wildwood Trail and ¼ mile west of Cochran Road, Randy Dietz and Bob Walker, received and filed.

Zoning Coordinator, Ginny Markley, addressed the Board to state Appellants, Randy Dietz and Bob Walker, have appealed on the grounds that: (1) the roads serving the subject property are sub-standard dirt roads and are inadequate to serve the kennel traffic; (2) noise and activity in the area will have a detrimental effect on the area; and (3) Wildwood Trail borders both their properties (north side).

Ms. Markley said the staff recommendation, based on staff analysis made prior to all public hearings, is that: (1) The proposed dog boarding kennel with a maximum of 20 dogs would be consistent with the general zoning category and plan of the A-5, Agriculture, zoning district. The proposed use could be appropriate as a Special Exception as it can be controlled as to the size and intensity, days and hours of operation, signage, and noise. The Applicant indicates that the kennel will be approximately 2000 sq. ft. in size and soundproofed. The proposed days and hours of operation is Friday, Saturday, Sunday and Monday with Friday drop-off and Monday pick-up between the hours of 12:00 p.m. to 2:00 p.m.; (2) The proposed kennel with soundproofing, would not be detrimental to the character of the area or trends of development in the area. The trend of development and character of the area is rural residential and agricultural uses on tracts of land five acres in size or larger. The Mikeal’s property is 40 acres in size and they also own the five-acre site across the street; (3) A dog boarding kennel, limited to a total of 20 dogs on a 40-acre site, would not be highly intensive in nature and it would be compatible with the concept of low density, rural land use; (4) An adequate level of service is available for a dog-boarding kennel. The property will be served by well and septic system and the kennel will be required to apply annually to the State Health Department for an operating permit; (5) The proposed use would be consistent with the County’s Comprehensive Plan. The Land Use designation on the County’s Comprehensive Plan is Rural 5 which permits kennels by the granting of a Special Exception; and (6) Seminole County Traffic Division has concluded that the traffic associated with a dog kennel on Wildwood Trail and Cochran Road is not adequate to accommodate a commercial use of the proposed project. Current Planning staff has concurred. Wildwood Trail is a 35-foot wide strip of property which has been deeded to Seminole County for roadway purposes. However, it has not been accepted by the Board of County Commissioners onto its system of maintained roads for that purpose. Wildwood Trail is graded by the County on an emergency basis. In addition, Cochran Road is a substandard dirt roadway that is not designed for through or commercial traffic. Accordingly, staff recommendation is based upon its conclusion that all of the standards set forth in the Land Development Code have not been met.

Ms. Markley stated the staff is recommending that the decision of the Board of Adjustment be overturned and the Special Exception to permit a dog-boarding kennel for up to 20 dogs be denied.

Traffic Engineer, Bob Zaitooni, addressed the Board to state a portion of Cochran Road has not been deeded to Seminole County as far as his office knows and it is not maintained by the County, but it is privately owned. He said Wildwood Trail is proposed to have been deeded to the County, but the County has not accepted right-of-way because of its requirements. He said his office’s decision was based upon the fact the County does not have deeded right-of-way on Cochran Road. Discussion ensued.

Randy Dietz, 1693 Tallapoosa Dr., addressed the Board to state since he has lived there, this road has basically been a dirt road. He said there are actually three people living down Wildwood Trail and one person living adjacent to Seminole Woods. He stated he filed this appeal because he does not want the traffic. He said if the Mikeals wanted a kennel, they should have bought commercial property. He distributed information (not received and filed) to the Board and said most kennels are not located in this kind of area. He said soundproofing the building is good, but the Mikeals won’t have indoor dog runs and they will still have dog noise. He said he just doesn’t feel this is an appropriate use for the property.

Ted Allen, 368 Seminole Woods Dr., President of the Seminole Woods Homeowners Association, addressed the Board to state this will be bumping more traffic on the road that the horses and residents use, and it is a very narrow road in very bad shape. He said this kennel will have outside runs and the noise will carry in the woods. He asked the Board to turn down the request. (Letter from Mr. Allen in opposition was received and filed.)

Teresa and David Mikeal, 2310 Wildwood Trail, addressed the Board to distribute information packets (received and filed) to the Commissioners. Mr. Mikeal stated Mrs. Shaughnessey owns the piece of property discussed earlier and she has no problem with their proposal for a dog kennel (copy of her letter is enclosed in the information packet). Mr. Mikeal said Wildwood Trail does back up to within 100 to 150 feet of Mr. Dietz’s house, but he does not use the road at all. He said he learned that South Cochran Road is on the list of the first roads to be paved.

Teresa Mikeal asked the Board to read the information she provided summarizing a lot of her research and thoughts. Whereupon, Commissioner Morris requested a break to allow the Board to read the information.

Chairman Henley recessed the meeting at 7:30 p.m. and reconvened at 7:34 p.m.

Mrs. Mikeal discussed the facility, stating the soundproofing will be done with the best method they can find and, currently, that is sand-filled block. She described different soundproofing methods they could use. She stated they will be putting concrete block between the runs which provides a distinction for breeds, is more sanitary, and is also a form of soundproofing. She pointed out that they will be living close to the facility and they don’t want to be hearing the dogs either. She said she will be the only one operating the facility, with possibly her husband. She has purchased a van for pick-up and delivery of the dogs.

Upon inquiry by Commissioner Maloy, Mrs. Mikeal stated for the first year, the kennel will be limited to hours on Fridays and Sundays from 12:00 p.m. to 2:00 p.m. with drop-off and pick-up on both days. When the business is fully operational, it will be a very low traffic business from 12:00 p.m. to 2:00 p.m. The hours will not be more than two hours at a time span. She will probably be open from 5:00 a.m. to 6:00 a.m. for anybody who needs to be off work and drop their pet off.

Commissioner Morris asked if it was a possibility that a portion of the road impact fees to be used for road improvements along Wildwood Trail be used for a privacy fence along the property line and two adjacent properties. Whereupon, County Attorney Robert McMillan said by law, the road impact fees have to be spent on the arterial or collector road systems and none can be used on local roads.

Mr. Zaitooni advised this road does not qualify as a collector road.

No one else spoke in support or in opposition.

Speaker Request Forms were received and filed.

District Commissioner McLain stated when talking about special exceptions to the land use, they have to be very cautious in evaluating and the staff has recommended that the Board not allow this because of the traffic analysis and roadway. He said Cochran Road is one of the roads on the paving program, but he knows (and the Board having heard tonight) that there are substantial problems with right-of-way, so whether the road gets paved or not depends on how the right-of-way gets dealt with. He thinks a minimum of 50 feet is needed for paving. Further, he said the property owners affected are near this situation but there are many homes along Cochran Road. He said there are agricultural purposes that can be used for this property. His concern is that the Board would be setting a precedent for commercial activities in this area by putting it 2¾ miles off the highway. He is recommending the Board agree with staff in this case.

Motion by Commissioner McLain to overturn the decision of the Board of Adjustment, thereby approving the appeal, and to enter a denial development order pertaining to a Special Exception application to permit a dog kennel for up to 20 dogs on a 40-acre parcel located on the north side of Wildwood Trail and ¼ mile west of Cochran Road; as described in the proof of publication, Randy Dietz and Bob Walker.

Under discussion, Commissioner McLain responded to Commissioner Morris that he thinks they would be making a mistake to allow a commercial activity to be built in a rural area. He said this is way back in the woods on a very substandard road. They need to know more about what is going to happen on Cochran Road as far as paving before thinking about a special exception for a business.

Commissioner Morris seconded the motion for discussion.

During discussion, Mr. McMillan advised Commissioner Morris that if action is not taken on a special exception within 180 days, it will expire; and to provide a special exception on a condition outside the control of the applicant would be problematic.

Commissioner McLain stated once Cochran Road is paved, the Board could waive the fees and Mr. McMillan agreed the Board could do that.

Mr. Zaitooni stated if the road was paved, the commercial type of traffic is not consistent with the use of this area, and he would still have to determine the impact on the residents. He agreed with Commissioner McLain that the infrastructure and structure is adequate if the road was paved.

Commissioner Morris stated the issue is the Cochran Road question, and clearly it will not be paved in 180 days. It would be very hard overturning what staff is recommending. He said it seems logical that they would rather see what happens on Cochran Road first.

Commissioner McLain expressed his concerns relative to Cochran Road.

Commissioner Van Der Weide stated he’s hearing the biggest objection is the potential noise. He thinks the road is on the list for paving and it is a question of whether the Board is going to fund it in the accelerated program or the delayed program, but he feels the road will be paved. He said they are talking about something in the middle of acreage and it could be used and abused to a much greater extent with other agricultural uses than what they are facing tonight.

Chairman Henley asked would it make a difference to staff or the District Commissioner if this was restricted to a pick-up and delivery-only type business.

Commissioner Morris stated that with pick-up and delivery only, the owner would be picking up and taking the dogs back with no customers on the road.

Commissioner McLain said he wants a recommendation from staff based on those comments. Whereupon, Chairman Henley recessed the meeting at 8:09 p.m. and reconvened at 8:18 p.m.

Mr. Zaitooni stated based on all the information he has, his recommendation is not to allow the Special Exception. He said staff’s concern is the private property that will have to be used and he will have to stay with his original judgment. He explained the original applicant has a letter from the property owner that she can use the road, but legally, the question is can she obtain an easement from the property owner, and a special exception cannot be approved based on conditions.

Commissioner McLain stated the only way he would modify his motion is if at the time the right-of-way was dedicated to the County, the Board would waive the fees for the applicant to reapply, so they could apply without the fee for advertising.

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

Commissioner Maloy voted NAY.

Proof of publication, as shown on page __________, calling for a public hearing to consider rezone from A-1 (Agriculture) to PLI (Public Lands & Institutions); property located on the south side of CR 427, east of US 17-92, south of Flea World, Seminole County.

Mr. Dwyer stated this is the second of two public hearings, with the first hearing held two weeks ago. He advised the 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 that Lt. Telcamp with the Altamonte Springs Police Department was in attendance to answer any questions.

Upon inquiry by Chairman Henley, Ms. Coto advised the Board approved the lease agreement contingent upon approval of the rezoning. She said the activities are standard and are included in the lease agreement.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-17, as shown on page __________, rezoning from A-1 (Agriculture) to PLI (Public Lands & Institutions); property located on the south side of CR 427, east of US 17-92, south of Flea World, as described in the proof of publication, Seminole County; and approval of Development Order, as shown on page __________, with staff recommendations.

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

Commissioner 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 Snow Hill Road, east of Old SR 13, and north of Brumley Road, Commercial Realty Group, Inc., received and filed.

Cindy Matheny, Senior Planner, addressed the Board to state on May 11, 1999, the Board enacted an ordinance approving a revised Plan amendment and repealing the Plan amendment approval in 1997.

Commissioner McLain reentered the meeting at this time.

Ms. Matheny stated the applicant amended the 1997 request to meet the specifications provided by the Board at its January 16-27, 1999, and May 11, 1999, meetings. She reviewed those as listed in the staff report. She advised staff has no opposition to the adoption of an ordinance rezoning the subject property from A-1 to PUD with staff comments, and the adoption of a development order incorporating the following development conditions: (1) The applicant shall provide a park/trailhead site north of the school site and adjacent to Old SR 13, which shall include 8 previously proposed lots, dry retention pond, right-of-way and open space; (2) Dedicate additional right-of-way to Seminole County as needed to accommodate roadway improvements associated with the development of the site; (3) Areas below the 100-year flood elevation shall be dedicated to Seminole County as a conservation easement; (4) Each residence constructed in the project shall be at least 1600 square feet; (5) A wall abutting the Lake Crescent area shall be constructed by the owner at its sole cost and expense, with additional landscaping being installed to screen the wall. Additional buffering shall provide for 95% opacity of the dry retention area within 18 months of planting; (6) The project shall be phased with an initial development phasing of 200 homes; (7) Building permits for the remaining homes shall be contingent upon the utility provider receiving permits for the expansion of sewer disposal capacity. Expansion shall be from the current .100 mgd to a disposal capacity capable of handling of the then current average daily flow plus a flow figure equal to 185 ERC’s times the then current historical average gpd/ERC. A signed construction contract for work that would enable the permitting of the disposal capacity as calculated in the prior sentence shall also be acceptable to fulfill the condition that utility service be expanded; (8) Uses east of the urban/rural boundary shall only be open space and retention, which will preclude direct access to Snow Hill Road; (9) The maximum number of residential units shall be 408 single-family residential lots with a net residential density of 3.1 dwelling units per net buildable acre (3.7 units in the area south of the bypass and 2.7 units in the area north of the bypass); and (10) On the eastern periphery of the property the minimum lot width shall be 120 feet at building line when abutting property that is assigned the Suburban Estates future land use designation.

Commissioner McLain stated he does not see that there was discussion about restricting access to all these parcels to the new bypass rather than having them come off Old SR 13 to Mr. Hattaway’s parcel in back. Mr. Dwyer said he would have to check that.

Mike Hattaway addressed the Board to state the development plan calls for access down Old SR 13 off the Beltway.

Larry Dale addressed the Board to state they will continue to negotiate with Mr. Hattaway for access. Whereupon, Commissioner McLain said he is concerned that he would like to see the development of these two parcels access off the new road and not have any impact to the east or west of these properties.

Jim Weinberg, representing CRG, addressed the Board to state he thinks most of the staff comments are as they have been for the last two years, and the main change was in January when they changed the urban line and the lots size of the northeast and southeast corner of this property.

Mr. Dwyer reported that Mr. Hattaway’s original access was to Old SR 13 and it runs south and connects to the bypass. That does not mean in the future, there can’t be other access. Whereupon Commissioner McLain stated he didn’t think they wanted to have a roadway where the trail is.

Mr. Weinberg stated he has talked with Mr. Hattaway and he thinks he is in agreement and willing to say they have a mutual agreement. He said he is willing to make a commitment tonight to head in that direction, but he would like to see the plan adopted.

Commissioner McLain stated he is saying these two properties should work together and prorate the cost of a joint access road between both projects for one access rather than use the Old SR 13 access. Mr. Dwyer said that is an excellent point, but before staff has some plans to review, they don’t want to make any statement other than this is a good idea.

Mr. Dale stated until they get into the planning stage, they don’t know what the access will be, what will be the affect, or what the cost will be. They will continue to discuss this; but at this point, Mr. Hattaway doesn’t know what exactly the timing is and he doesn’t either.

Commissioner Morris stated the Board has no business negotiating conditions for two private property owners but could restrict that the road must be a certain distance away from the Trail. This could be a condition of the PUD and then let the property owners figure how they can resolve the situation.

Mr. Dwyer stated this is a preliminary master plan and the applicant will have two years to come back with a final master plan; the Board can place that condition on and staff can revisit it.

Commissioner Maloy said he has never been approached by the property owner to the north about this issue and now it comes up at a public hearing and it doesn’t seem fair to CRG. He said he would like to see the parties try to coordinate the two projects. He would think they can continue to negotiate and when they come back for site plan review, the Board could address the access then. Whereupon, Chairman Henley agreed that he thinks the parties should be given the opportunity to try to resolve this.

Commissioner McLain stated this issue is not coming "out of the blue" and he initially voted against this request. He reviewed the history, and said all the parties are aware of the issue. He said he thinks it is important that the Board does not endanger the Trail.

Commissioner Van Der Weide stated if this is approved, it is agreed, by consensus, that if the two parties do not work this out by the time it comes for final site plan approval, the Board would take the decision in their hands. Whereupon, Commissioner McLain stated if the Board does as Commissioner Van Der Weide suggests, the Board’s hands will be tied at a later date.

Mr. Dale stated the problem with structuring the development order so that CRG would be required to accommodate joint access to the north is that they don’t know what Mr. Hattaway’s development is going to be and they can’t coordinate. He said they will negotiate in full faith something that is best for the County. They can’t do that tonight because there are too many unknowns at this point.

Mr. Hattaway stated if this is not resolved tonight, he has a development order that says his access will be from the bypass along Old SR 13. He thinks it would be impossible for the County to deny him the right to use that.

The Commissioners and property owners continued with the discussion on the access.

Mr. Dale referred to the staff recommended Condition #2 and said no additional right-of-way is needed; for #3, he said they have always said the area below the 100 year post development flood; for #6, they have never said they would phase the project with 200 homes. Ms. Matheny stated those were from the original approval in 1987. Mr. Dwyer stated that can be worked out in the final master plan, and staff can change the wording to "shall be phased." He further commented on Conditions #3, #2, and #6.

No one else spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #99-18, as shown on page __________, rezoning property from A-1 to PUD, subject to staff comments; property located west of Snow Hill Road, east of Old SR 13, and north of Brumley Road; as described in the proof of publication, Commercial Realty Group, Inc.; and enter a Development Order, as shown on page __________, as amended striking Condition #2; amending Condition #3 to read, "areas below the 100 year post-development flood;" and changing the wording in Condition #6 to read "may"; and with the parties to work out the access and bring that back to the Board.

Under discussion, Commissioner McLain said the Board is not guaranteeing with this motion that there will be no access off the trailhead. He said he would much prefer to see this in black and white because he doesn’t know if a year from now these two gentlemen will be involved in this project.

Motion by Commissioner McLain, seconded by Commissioner Morris, to amend the Development Order to include single access for both parcels.

Under discussion, Commissioner Maloy stated he is uneasy about changing the plan and putting a stipulation in; he doesn’t see any problem why the parties can’t work this out and address it at the site plan.

Commissioner Morris said he is opposed to the main motion and has been opposed to the development since "Day One." He thinks the development is too intense. He said this is a rational motion to get the parties to work together. It does not dictate the specific place, but it goes to the main intent of the trail and all the property.

Commissioner McLain stated what he is trying to do is to protect the trailhead and keep this development within the common boundaries.

Commissioner Morris asked if the parties were still at an impasse at the end of the period, could the Board at final site plan remove this condition. Mr. Dwyer answered if a condition is put in the development order, it can also be removed.

Mr. McMillan stated the Board may be able to put in the development order, based on the contingency that if the condition cannot be met, then it can be removed at the final master plan within the parameters of the development order.

Commissioner McLain stated if there cannot be a good faith effort on the parties to negotiate, he has no problem with waiving that if they think one party is being unreasonable.

Commissioner Van Der Weide recommended taking a break to allow Mr. McMillan and Mr. Dwyer to speak with the parties and see if Mr. McMillan can explain how this can be done.

Chairman Henley recessed the meeting at 9:17 p.m. and reconvened at 9:27 p.m.

Mr. McMillan stated the amendment states that access to the CRG development shall be joint access with the property located to the north, i.e. as it relates to development. In the event the Board determines at the time of final master plan approval that a good faith effort was made by CRG to obtain joint access with Magnolia Lakes and was unable to reach an agreement, the Board may repeal this development order commitment at that time.

Upon inquiry by Mr. Hattaway, Mr. McMillan answered that there is nothing in the development order that affects Magnolia Lakes and that project can go forward any time they want. Whereupon, Mr. Hattaway said he does not think that accomplishes what the intent of the Board is tonight.

Commissioners Van Der Weide and Maloy discussed briefly their position. Commissioner Morris called for the question on the amendment to the motion.

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

The Board voted on the amended motion with Districts 2 and 5 voting AYE.

Commissioners Maloy, Van Der Weide, and Henley voted NAY.

Commissioner McLain reaffirmed his belief that the parties will come back with a plan that will accommodate the Board’s wishes. He stated in the spirit of cooperation, he will support the main motion.

The Board then voted on the main motion with Districts 1, 3, 4, and 5 voting AYE.

Commissioner Morris voted NAY.

Chairman Henley stated regarding the annual evaluation process for the County Attorney, he has met with him and said the County Attorney’s work has definitely been satisfactory . He said the tradition of this Board to deal with the merit pay issue has been based upon the anniversary date. He, therefore, recommended a 6% increase because that is what was in the budget.

Motion by Commissioner Van Der Weide to approve the recommendation of Chairman Henley for a 6% merit pay increase for County Attorney Robert McMillan.

Under discussion, Commissioner Morris questioned Ms. Coto about the average pay increase last year during the budget session on merit. Ms. Coto advised the average pay increase for last year was budgeted at 5%. The overall average merit was in the neighborhood of 5% and 6%.

Commissioner Morris stated when he looks at this year’s budget session, he is going to be very interested in dropping back rather significantly the overall pay increase rate. He said he also thinks Mr. McMillan has done a very honorable job.

Chairman Henley stated he has made his position known very clearly relative to next year’s budget and the condition of the General Fund which is going to be extremely tight with the rate set by the Legislature.

Commissioner Maloy seconded the motion.

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

Chairman Henley noted that the merit increase begins on Mr. McMillan’s anniversary date which is retroactive.

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Mr. McMillan reminded the Commissioners that two of them have interviews beginning at 10:00 a.m. tomorrow morning and the others will begin at 1:00 p.m..

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:40 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

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