The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:37 a.m. on Tuesday, May 9, 2000, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Carylon Cohen

Absent: Commissioner Dick Van Der Weide (District 3)

Rev. Rick Blythe, First Baptist Church, Sanford, gave the Invocation.

Commissioner Maloy led the Pledge of Allegiance.

Chairman Henley recognized visitors, Robert Kazam and Phil Abernathy, in the audience from the Netherlands who are setting up shop in Sanford.

One of the gentlemen addressed the Board to state he has been very impressed with the County and its facilities, and he is looking forward to doing business in Seminole County. He presented a plate from Amsterdam to the Chairman on behalf of the Board. Chairman Henley expressed appreciation and welcomed him to Seminole County.

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James R. Russo, Public Defender, addressed the Board to present a check in the amount of $34,000, representing reimbursement funds for the County on behalf of the Florida Public Defenders Association and Florida Public Defenders of the 18^th Judicial Circuit.

Chairman Henley expressed appreciation to Mr. Russo for his efforts in obtaining the reimbursement funds.

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

Commissioner McLain presented the Resolution to Jack Wert, who accepted as Past Commander of the Seminole Power Squadron. Mr. Wert expressed appreciation on behalf of the Squadron and stated he will pass on the Resolution.

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

Commissioner Morris presented the Resolution to Jack Wert, Tourism Development Director, who stated he will be presenting the Resolution at their luncheon on Thursday, May 11. Mr. Wert said the tourism industry is a good economic generator to the economy in Seminole County.

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

Commissioner Maloy presented the Resolution and thanked Mr. Harper for his years of service. Chairman Henley also expressed thanks to Mr. Harper.

Chairman Henley advised that a request from The Ryland Group has been received asking that their public hearing (Agenda Item #52) be delayed and rescheduled to June 13. He asked the Board to take up this request at this time for a consensus and if the request is granted, staff can notify the people concerned.

Commissioner Morris stated he was faxed at home last night. The Board has received a petition by the homeowners not to continue this item and hold the public hearing. He said he has spoken with the County planner regarding this. He said the people are apparently going to show up, and it looks like this is the first time the Board has had a debate over a continuance. He stated the letter from The Ryland Group stated they are looking at additional property to enhance viability and they are meeting with staff on the different interpretations of the zoning Ordinance. He said it’s going to be the burden of staff to convince him and the Board as to why this item should be continued.

Frances Chandler, Planning & Development Director, addressed the Board to state she understands that Ryland Homes is preparing a revised plan and that would include staff evaluating this property and evaluating only one zoning for the entire property. If there are any other alternatives they want to propose, staff would like the opportunity to review that before making a recommendation and providing an analysis to the Board. She said it is very difficult for staff to evaluate plans that have been changed from the original submittals and trying to review them in the evening with a five or 10-minute break. Discussion ensued with Commissioner Morris.

Commissioner Morris asked for the opinion of the County Attorney based on staff’s request and the petition from the homeowners.

County Attorney Robert McMillan stated if there is going to be a contested continuance, he thinks the Board needs to hear the item tonight and get a recommendation from staff. He said both sides should be present and make presentations in case the Board is ready to go forward.

Consideration of request for approval to execute and file the settlement agreement and joint motion for approval of same by the Court in order to conclude litigation regarding Florida Power Corp. v. Seminole County.

Chairman Henley advised this is a consent item and he has had two requests turned in to speak to this issue, but unless the Board passes a motion to take public comments, he will not deviate from the process.

Commissioner Maloy said there recently have been some phone calls from some of the residents asking questions regarding the settlement concerning the widening of Chapman Road. He asked what type of community outreach has been going on. He said he had a meeting with Mr. Kovak of Lutheran Haven and showed him some of the plans for improving transportation corridors around Oviedo.

County Engineer, Jerry McCollum, addressed the Board to state at the last Board meeting, staff indicated they had met with Lutheran Haven, and they were pretty supportive of the project. Staff had a very brief meeting with the President of the Huntington Homeowners Association. Staff will be meeting with the full Association members toward the end of this month. He believes staff also met with the Mayfair Oaks Homeowners Association.

Professional Engineer, John Moore, addressed the Board to verify that staff did meet with the Mayfair Oaks Homeowners Association. He stated staff began with trying to meet with all the Board of Directors of the Homeowner Associations, and he has made himself available to attend any of their full meetings. One meeting is scheduled for the end of this month, and he has spoken with other homeowner associations representatives and they are fine with the road. He said in telephone conversations, he explained what was happening. He said there was not a change in the actual roadway plans from what was originally contemplated, so the representatives did not need an additional presentation. He said the right-of-way acquisition phase will run through June, 2001, and staff will be available during that time to meet with the homeowners and answer any questions.

Upon inquiry by Commissioner Maloy, Mr. McCollum stated the only calls he has received have been about the power lines and that related to Huntington. He advised he had the information concerning the typical section for Chapman Road and was prepared to go through that today or at another time.

Commissioner Maloy stated he was interested in hearing from Mr. Kosmos from Huntington Park about how he feels this settlement will impact them.

Upon inquiry by Commissioner Morris, Mr. McMillan stated staff is ready to make its argument on behalf of the County, but it is questionable whether the County would prevail. He said staff does not oppose the settlement. He further advised that the settlement agreement is not a diminution of the County’s standing on future action. He said the agreement was modified to make it clear that the County was not giving up any authority relative to claims with Florida Power to use future right-of-ways, relative to franchise fees or anything else.

Assistant County Attorney, Rob Gebaide, addressed the Board to explain what would be accomplished with the agreement.

Dick Cosmas, President of Huntington Homeowners Association, addressed the Board to state he met with Mr. Moore and was given an overview of what was going to be looked at and that two major issues were going to be taken off the back burner. He said one of the issues that has not been brought to attention, which has been a hot issue for many years, and that is the widening of Chapman Road. He said his concern is that the respective subdivisions have not heard a great deal about this project. He said it was never indicated that this was going to come up for a vote. He found out when the power company sent out letters indicating a report was to be given on May 25. When he found out, in his message to the homeowners, he asked them to write their commissioners and let them know how they feel. He stated their annual meeting is on May 25, and it is superfluous if the Board is going to meet on this now. He asked the Board to at least hold this vote off until the constituents can hear when the County is going to widen Chapman Road. He said this is a key issue with the residents.

Commissioner Maloy responded that as far as the power line, at the previous Board meeting, the Board did say to move forward with widening of Chapman Road. He apologized if there was not better communication. He said it would still be several years before the road would be completed.

Upon inquiry by Chairman Henley, Mr. McMillan stated there is nothing in the settlement agreement dealing with widening Chapman Road. Mr. Gebaide said Section 5 states that on execution of the agreement, the County shall proceed with agreements on right-of-way. Mr. McMillan said the road widening is not dictated by the agreement.

Commissioner Morris clarified that the action in 1995 froze right-of-way acquisition and all activity on this roadway, and this agreement is now releasing that activity to finish acquiring the right-of-way.

Commissioner Maloy stated he thinks there needs to be better communication to the homeowner associations on what the Board is doing. He said he would be willing to meet with them and continue this item for two weeks.

Chairman Henley stated before making a motion, he would like to hear from the respondent on what would be the affect of a delay.

Attorney Brad Hines, representing Florida Power Corporation, addressed the Board to state they would oppose a delay on the settlement agreement on the grounds the issue appears to be the widening of Chapman Road rather than the settlement of this lawsuit. He said he believes the settlement agreement is fair to both sides and resolves this issue and puts in place the methodology for taking care of these concerns before they rise to this level. He said they don’t see any reason to delay the issue on the settlement. He stated the way the settlement agreement is drafted, it contemplates the County acquiring right-of-way for the widening of Chapman Road, but does provide that if that does not occur before July, 2001, Florida Power can construct temporary facilities in the current right-of-way path. They are comfortable with that position. They were trying to dovetail the construction to the greatest degree possible with the widening, but are prepared to move the construction ahead of the widening, because of the power demands and needs for the residents in the community.

Commissioner Maloy said his thoughts are that a delay of two weeks would negatively affect the situation. Further discussion ensued with Mr. Hines.

Commissioner Morris stated it seems there are two separate issues and, unfortunately, Florida Power is tied into the road widening issue. He said the Board has not made an affirmative vote to move forward on the road widening yet. It appears that the Board, although wanting more consultations with the citizens, is headed in that direction because of traffic problems. He said this agreement, not withstanding that widening, is separate because Florida Power would have to put in temporary lines anyway. Regardless of what happens, the Board believes that is a lawful right or it would be very difficult for the County to defend that action. He said this request could go forward and the Board could qualify that does not mean the widening goes forward, until such time that full participation has taken place. He said he would not favor a continuance. He asked for consideration to move forward on the request and qualified that this is not saying the road would be widened until there is public input. Discussion ensued with Mr. McCollum, Mr. Hines, and Mr. McMillan, and Mr. Cosmas.

Commissioner McLain asked why, as contentious as this road has been in the past, have we not communicated with the different homeowner associations to make them aware of the settlement.

Mr. Grace stated there has been some contact as the County Engineer indicated. He said it sounds important enough that the County should do a good public presentation to all the subdivisions before any of these items come back to the Board.

Upon inquiry by Commissioner McLain, Mr. McCollum stated acquiring right-of-way was not the issue. Previously, the Board consented not to go to construction on Chapman Road until the level of 20,000 cars a day was reached.

Commissioner McLain said he thought in 1995, the Board froze all action on acquiring right-of-way. Whereupon, Mr. Cosmas stated Mr. Moore indicated to him that the right-of-way had to be acquired.

Commissioner McLain said he doesn’t want it to be perceived in any way that the Board is moving forward with Chapman Road right-of-way acquisition and widening through the back door. He said he thinks the Board should continue this request for two weeks and allow the District Commissioner the opportunity to meet with the homeowners and explain the clear understanding of what the Board agreed to in 1995 and forward.

Mr. Hines gave closing comments highlighting that there has been a considerable amount of opportunity and notice on the power lines issue that is before the Board now.

Motion by Commissioner Maloy, seconded by Commissioner McLain, to continue for two weeks request for approval to execute and file the settlement agreement and joint motion for approval of same by the Court in order to conclude litigation regarding Florida Power Corp. v. Seminole County.

Under discussion, Commissioner Maloy concurred with comments made by Commissioner McLain that the Board needs to do a better job of letting the public know what is going on.

Commissioner Maloy said he thinks he and Mr. McCollum need to meet together with the homeowner associations soon.

Commissioner Morris stated he supports the agreement and believes the Board will be back in two weeks on this issue. He thinks there has just been a little failure to communicate properly.

Districts 1, 4, and 5 voted AYE.

Commissioner Morris voted NAY.

The Board recessed at 10:38 a.m. and reconvened at 10:50 a.m.

Mr. Grace advised he had spoken to Commissioner Van Der Weide and he indicated he is in favor of the request.

Under discussion, Mr. Marino gave the time line of what will happen after the settlement, stating the property acquisition (primarily SunTrust property) should be completed by August or at the most by January. Mr. Brown briefly responded to Chairman Henley about how many other acquisitions are necessary.

Commissioner Morris commended Mr. Marino and Mr. Brown on the good work done.

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

Mr. McMillan reported that all of the Wekiva Basins have been the subject of a final decision and are now in the final form. He also reported that the Excitement Video case has been voluntarily dismissed, and the Circus Circus case has now been dismissed. Also, two more adult entertainment cases have come to conclusion.

DCM Cindy Coto, Bobby Brantley and Eric Thorne, Legislative Lobbyists, addressed the Board to report on legislative issues. Mr. Brantley stated most of the major issues that were hotly debated in Tallahassee did not pass. He advised the funding for the Bridge at I-4 and Lake Monroe has been restored and $128,000,000 is in the budget. He said $350,000 is in the budget for the US Highway 17-92 drainage project. Further, he said $50,000 was in the budget for the National Cross-Florida Trail; $2.5 million is in the budget for the The Little Wekiva as part of an overall $8.7 million middle basin package for the St. Johns River Water Management District budget. Mr. Brantley said he feels these projects should not be vetoed as last year, as all of them went through the criteria process and additional steps. He cautioned the Board that until the Governor has his say, they should not look for any money to come to the County. He said he will be setting up a meeting in Tallahassee to go through the Telecommunications Bill and get a full understanding of the intent. He explained that he currently understands the bill is intended to be revenue neutral, but it appears there may be a necessity for counties and cities to raise taxes in order for it to be revenue neutral.

Ms. Coto stated the amendment to House Bill 67 replaced the intangible tax with 2.25% of sales tax, which was the original proposal under the original House Bill. The evaluation of the House Finance and Taxation Committee was that next year under the old system, the County would have received approximately $7,450,000; under this revision, the County will receive $7,236,737 for a decrease of approximately $213,000 in FY 2000-2001. However, they believe in FY 2001-2002 the County will receive $180,000 more than under the intangible tax calculation. She said this is depending on how the sales tax goes. The other information indicated that the retirement fund has dropped this year by an additional 1% and the Taxation Committee believes the 1% should cover the deficit the County is looking at for the next fiscal year. Ms. Coto said staff has not done a complete evaluation of that. Mr. Brantley added that the Committee cautioned that normally the sales tax projections they make are very conservative, so there could be no loss in funds and in the second year, there should be an increase.

Ms. Coto stated staff has provided to the Board the language (copy received and filed) that was passed as part of the Lynx legislation. She said there was a last minute amendment added to the bill, which indicates that until the reorganized board is in place, they cannot appoint a new executive director.

Commissioner Morris discussed the diminution of voting rights for Seminole County. Mr. Brantley advised Commissioner Morris that the Legislative Delegation and the Senate and House sponsors knew the County’s objections to three-fifths of the voting rights going to Orange County and the City of Orlando. He discussed that Senator Webster would be the one to decide this issue. He was helping Orange County in this case. Mr. Brantley said he could not tell who on the Legislative Delegation voted against the bill.

Chairman Henley stated he had communicated early on to Representative Johnson to let him know what position the Board of County Commissioners had taken and how disappointed they were that it was being ignored. He stated he would like the County Manager to research exactly what their obligations and options are regarding this, and to prepare any action this Board may want to consider. He said it does appear that Seminole County has been diminished as far as its influence on the Lynx board.

Mr. Brantley said he made sure that Representative Johnson was made aware that the Board could opt out of Lynx and there had been discussions among the members of the Board to do that.

Commissioner Morris said what concerns him greatly is if they can’t be heard on the structure on the organization they are on, how are they going to be heard later on issues they have to vote on. He said it deeply concerns him when they had discussions at the budget hearings about what the value of the "bang of the buck" was that they were putting into this group. He said Osceola and Seminole counties together put in more money than services received back on a percentage basis than Orange County already. Commissioner Morris said he thinks the Board needs to do a serious analysis of discussions with new folk for privatization, renegotiation with Lynx, or discussion with Voltran.

Mr. Brantley pointed out that the appointed memberships on the Lynx Board are not elected officials and the bill does not specify where their loyalties lie. He stated the entire issue has been that Orange County feels they are under represented on the Lynx Board and they want more and are saying this is the way to do it.

Chairman Henley said he agrees that this is an appropriate time for them to take a look at the situation.

Commissioner McLain said it was very disturbing to him that they have gotten to this point. He cannot understand why Orange County is not more considerate of the Board of County Commissioners’ feelings. He said he is not aware of any efforts on their part to make Seminole County feel more comfortable with this. He agreed the Board should move forward. He said all Seminole County is doing is facilitating making Orange County’s Comprehensive Plan work, and he thinks Orange County needs to understand that Seminole County doesn’t need that.

Commissioner Maloy said he thinks that during the budget session the Board needs to see what they are getting for their dollars. He said he personally called Senator Webster’s office but has not heard anything back from him.

Mr. Grace said staff will prepare an evaluation of the options and bring that back in conjunction with the budget.

Ms. Coto reported that written information on Article V has been submitted to the Board (copy received and filed). She said staff still doesn’t know what the implications are for this.

Mr. Brantley stated it has been a pleasure to work with Ms. Coto this year and he has enjoyed it.

Chairman Henley advised there was a revision to Item #15; and the firm of KCG, Inc., Orlando, was added to Item #23, which was inadvertently omitted in the requested motion.

Mr. Grace corrected Item #15, third line from the top to read "based on higher tax collections. . ."

Commissioner McLain had a question about Item #19. Commissioner Maloy had a question about Item #25.

Commissioner Morris had a question about the realignment on the Dog Track Road issue.

Under discussion of Item #34 to consider enactment of the "Chuluota Nonresidential Design Standards Zoning Overlay Ordinance," Commissioner Maloy stated that currently the County does not enforce colors. He said this would open up a whole new realm of code enforcement. He asked if there was a consensus to take that out.

Chairman Henley stated if they go with some design standards and don’t try to specify colors, they will end up with all kinds of colors. He thinks it is better to have some colors that are acceptable.

Commissioner McLain had questions about Item #21. Mr. McCollum and Steve Krug, Construction Project Manager, answered why the changes were not included in the original bid.

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

John Blackwood, Emergency Management, addressed the Board to request authorization to adopt the Initial Local Hazard Mitigation Strategy Document prepared on October 31, 1999. He advised how the document is going to be used.

Upon inquiry by Chairman Henley, Mr. Blackwood said he would come back to the Board on each item.

Commissioner Morris commended Mr. Blackwood on a great work project.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt the Initial Local Hazard Mitigation Strategy Document prepared on October 31, 1999.

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

Dave Martin, Public Works, addressed the Board to present request for approval of staff’s responses and recommendations regarding re-alignment of the Seminole Wekiva Trail; and authorize staff to proceed with development of corresponding amendments to the design and funding agreements for this project. He reviewed the concerns by the environmental groups.

Commissioner Morris clarified with Mr. Martin that a significant portion of the paved trail that went toward the water is being eliminated and the planned overlook is being eliminated. Mr. Martin said staff is looking into using composting-type temporary bathrooms at the proposed plantation trailhead and looking into master planning and possibly changing that to Sylvan Lake Park in the future. He said staff is continuing with the permitting process for the permanent facility with the wording that this will possibly be amended to a composting, temporary facility. Whereupon, Commissioner Morris clarified that it will be cited in the request that staff will look at the other option with the idea to potentially do this if access is obtained to Sylvan Lake Park. Mr. Martin advised that staff has met with the St. Johns River Water Management District and discussed what needs to be done to include in the application with respect to the repair and habitat zone in the railbed and to include a future connection to Sylvan Lake Park in the permit. Commissioner Morris further clarified that staff will show where they want the primary trail to go.

Upon inquiry by Commissioner Morris, Mr. Grace said the staff recommendation is to pave 40 parking spaces. Whereupon, Commissioner Morris stated he is suggesting less paving, which would be a lot less costly and more environmentally friendly. He suggested paving 20 parking spaces and leaving 20 not paved.

Commissioner McLain said he would not have a problem with paving 20 parking spaces now, but he would not want to go back with a change in the plan to get additional paved spots. He said he would support leaving the amount at 40 and paving just 20 and if they see the need, to pave additional spaces. He also said he doesn’t like the wording, temporary restroom facility. He wouldn’t mind it being a composting restroom facility. He wants to make sure they don’t put themselves into a position that they have to remove restrooms because they are supposed to be temporary.

Chairman Henley and Commissioner Morris concurred to say, "up to 40 paved parking spaces." Commissioner Maloy suggested saying, "they will initially pave 20 spaces," and Commissioner Morris concurred. Commissioner McLain added, "but the permit will allow up to 40."

Regarding the restroom, Mr. Martin said he would like to continue with the permit for the restroom as he has it now, with the verbiage that in the future, staff will look into the composting toilet to see what maintenance and other activity would be involved with that. Whereupon, Commissioner Maloy said he would like to know more before deciding to do that because the composting toilet didn’t sound too appealing. He asked staff to keep in mind the use of a restroom by families with babies and children, as Commissioner McLain mentioned. Mr. Martin said he would put in the flexibility.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve the staff’s responses and recommendations, as amended, regarding re-alignment of the Seminole Wekiva Trail; and authorize staff to proceed with development of corresponding amendments to the design and funding agreements for this project.

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

Upon inquiry by Commissioner Morris, Mr. Fall answered what Casselberry is doing within the CRA on 17-92.

Dick Wells, Casselberry’s Community Development Director, addressed the Board to discuss the land purchases that have taken place.

Chairman Henley stated he doesn’t believe the resolution requires them to extend the term of the CRA to 20 years. He said he would like to confirm that part of the agreement to increase the level from 70% to 95%.

Commissioner Morris said on the 20-year issue, those in the majority on the CRA wanted 10 years so the CRA could be proven and tried, and they could have real evidence before doing an overlay. He said he thinks the Board should stay with 10 years.

Chairman Henley added that the long-term commitment of funds could have unintended consequences on the County’s budget in the future.

Upon inquiry by Commissioner McLain, Mr. Wells advised they would prefer to see the term longer for bonding. He said the change to 10 years would limit what they can do.

Jack Schluckebier, Casselberry City Manager, addressed the Board to state they were not prepared to discuss the extension issue today. He said the more support that the City and the County can lend to the CRA, the better. He said increasing to 95% will only fund $3 million or $4 million of the $18 million. He answered Commissioner McLain that 20 years would make it equal to the amendment made to the City of Sanford on timing.

Commissioner McLain stated he wants to make sure the Board is dealing with Casselberry on an equal footing as with the City of Sanford and doesn’t want there to be any sense that the Board is withholding anything.

Motion by Commissioner Maloy, seconded by Commissioner Morris, to confirm the level of funding for Seminole County will reflect the City of Casselberry’s 95% level to the Casselberry Community Redevelopment Area (CRA).

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

Ms. Coto explained that this is funding on a 50-50 basis with the City of Sanford. She also explained that this is not renaming Airport Boulevard, but dedicating the road in Dr. King’s memory.

Under discussion of the motion, Chairman Henley suggested the motion say to authorize the funding for half the cost up to $3,500. Whereupon, Commissioner McLain amended the motion to say up to 50% of the cost, not to exceed $3,500.

Chairman Henley said the way the staff report reads, it denotes a name change. He stated if the plaque says dedicated to the memory of Martin L. King, there would not be any confusion. Commissioner McLain said he did not think there was any confusion and he thinks Ms. Coto made it clear there would not be a name change.

Commissioner McLain withdrew his motion.

Chairman Henley said he supports dedicating the segment of the road in memory of Martin L. King.

Commissioner Morris said he thinks they should rename SR 46 as Black Heritage Trail/Martin L. King Highway, but he understands the City of Sanford’s request.

Chairman Henley surrendered the gavel to the Vice Chairman for the purpose of making a motion.

Motion by Commissioner Henley, seconded by Commissioner Morris, to approve the section of Airport Boulevard from Highway 17-92 East to SR 46 to be dedicated to the memory of Martin Luther King, Jr. and authorize funding for half of the cost up to $3,500.

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

Commissioner Morris directed that placing of the memorial markers and signs go through the District Commissioner and the Board so they can see what they are and what’s being planned. Whereupon, Ms. Coto said she will make that known to the City of Sanford.

The Commissioners discussed with Ms. Coto what kind of sign is being planned.

Mr. Grace said his thoughts were to let the City coordinate the project, but the City must come back to the Board for approval because it is a County right-of-way.

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

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

Commissioner Morris reported he has learned the County may be receiving a letter from the applicant, Ryland Homes, withdrawing their application for tonight’s meeting.

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The Board, thereupon, recessed at 12:24 p.m., reconvening at 1:39 p.m., this same date with all Commissioners and all other Officials, with the exception of Deputy Clerk, Carylon Cohen, who was replaced by Deputy Clerk, Sandy McCann, who were present at the Opening Session.

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Chairman Henley recognized Jim Marino whose appointment to Deputy County Manager was confirmed by the BCC at this morning's session.

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

Districts 1, 2, 4 and 5 voted AYE.

Proof of publication, as shown on page ________, calling for a public hearing to consider a request to vacate and abandon the 15-foot wide easement for drainage and utilities lying 7.5 feet on either side of the common lot line between Lots 4 and 5, in Heathrow Woods Phase 4; property located on the south side of Bridgewater Drive in the Heathrow Woods Subdivision on the west side of Markham Woods Road, approximately 1/4 mile north of Lake Mary Boulevard, Heathrow Land Company, Ltd., received and filed.

Planner, Matt West, addressed the Board to advise the applicant wishes to combine the two lots. He added that staff does not object to the vacate.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-110, as shown on page __________, vacating and abandoning the 15-foot wide easement for drainage and utilities lying 7.5 feet on either side of the common lot line between Lots 4 and 5, in Heathrow Woods Phase 4; property located on the south side of Bridgewater Drive in the Heathrow Woods Subdivision on the west side of Markham Woods Road, approximately 1/4 mile north of Lake Mary Boulevard, as described in the proof of publication, Heathrow Land Company, Ltd.

Districts 1, 2, 4 and 5 voted AYE.

Chairman Henley advised of an invitation to the Regional Commissioners' meeting on June 19, 2000 at 9:00 a.m., at Daytona Beach U.S.A. National Speedway. He stated this is a published meeting so there will be no problem with Sunshine Laws. He asked that if any Commissioner wants to bring an issue up at this meeting, that they provide it to the County Manager so it can be put on the agenda.

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Chairman Henley advised the Board, for information only, that Rudy Maloy is seeking the Second Vice President position of the National Association of Counties.

Commissioner McLain stated he and Commissioner Maloy had a great time at the Grand Opening of the Helen Stairs Theater on May 6, 2000. He added this is something that the entire community can be proud of.

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Commissioner Maloy briefly discussed the new rules adopted by the St. Johns River Water Management District and the affect they will have on nesting and the Lake Jesup basin. Copy of Memorandum dated May 4, 2000 from Senior Planner, Craig Shadrix, was received and filed. He advised of receipt of letter from a Black Hammock resident requesting a letter of support for making the basin a nesting basin.

Commissioner McLain questioned how this would affect the mitigation for the airport. Whereupon, Director of Planning & Development, Frances Chandler, addressed the Board to advise the County has been working with the airport on a joint easement purchase for mitigation purposes, but this will not affect that.

Commissioner McLain stated he believes staff should check with other governmental agencies that are affected by this rule in order to receive their input.

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Commissioner Henley requested appointment of Lillian Griffin to the Historical Commission.

Motion by Commissioner Maloy, seconded by Commissioner Morris to appoint Lillian Griffin to the Historical Commission.

Districts 1, 2, 4 and 5 voted AYE.

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Commissioner Henley advised he has been receiving extremely favorable comments on the road crews and the paving program.

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

1. Copy of letter dated 4/28/00 to Diane Pickett-Time Warner from Matt Chesler, Cable Franchising Coordinator re: Additional information request. (cc: Jerry Martin-General Manager, Assistant Co. Attorney, Information Technologies Director, Telecommunications Manager, Co. Manager, Deputy Co. Manager, BCC, FCC Cable Services Bureau)
2. Memorandum dated 4/28/00 to BCC (with attached 4/24/00 memorandum to Parks & Recreation Manager from Co. Engineer) from Suzy Goldman, Library & Leisure Services Director re: Community Parks. (cc: Co. Manager, Deputy Co. Manager, Public Works Director, Co. Engineer, Parks & Recreation Manager)
3. Letter dated 4/25/00 to Kevin Grace, Co. Manager (with attached Ordinance #3554) from Janet Dougherty, City Clerk-City of Sanford re: Annexation. (cc: Planning & Development Director, Property Appraiser)
4. Letter dated 5/1/00 to BCC from Jeff Perlman, Vice President-Ryland Homes re: Request for continuance. (cc: Co. Manager, Planning & Development Director, Zoning Chief, Don Fisher-Bowyer Singleton, Fred Leonhardt-Esquire)
5. Facsimile dated 5/1/00 to BCC (with attached 3/15/00 letter to BCC from Jim Logue) from Jim Logue re: Lake Jesup Drainage. (cc: Co. Manager, Stormwater)
6. Notice and agenda for 5/1/00 City of Oviedo Council meeting.
7. Letter dated 4/27/00 to BCC (with attached 3/28/00 letter from Lynn Vouis, Assistant Co. Attorney to William Colbert and evaluation matrix) from Stanley Kupiszewski re: Lake Drive Alignment. (cc: William Colbert, Hugh Harling, Paul Kaczorowski, Roger Dobson, Barbara Oswalt, Paul Hyson, Tom Colletta)
8. Notice and agenda for 5/2/00 Sanford Airport Authority Board Meeting.
9. Letter dated 4/28/00 to Seminole Co. Legislative Delegation Members from Chairman re: Opposition to change in Lynx Board. (cc: BCC, Co. Manager, Deputy Co. Manager)
10. Copy of letter dated 4/28/00 to Linda Radun from Co. Manager re: County spaying & neutering programs. (cc: BCC, Deputy Co. Manager, Public Safety Director, Animal Services Manager)
11. Memorandum dated 4/24/00 to BCC (with attached copy of check) from Mark Van Bever, Court Administrator-Eighteenth Judicial Circuit re: Revenue received for Article V Court Costs. (cc: Co. Manager)
12. Memorandum dated 4/28/00 to BCC (with attachment) from Deputy Co. Manager re: Lynx Reorganization of the Board. (cc: Co. Manager, Assistant Co. Attorney)
13. Minutes for 3/9/00 Tourist Development Council Meeting.
14. Memorandum dated 4/24/00 to BCC (with attached Alignments "b" and "e") from CoCo Wu, Principal Engineer through Jerry McCollum, Co. Engineer re: SR 46 Roadway Network Feasibility Study. (cc: City of Sanford, Economic Development Manager, Principal Engineer-Major Projects)
15. Letter dated 4/24/00 to BCC from James Montessi re: Funding for SHIP. (cc: Co. Manager, Deputy Co. Manager, Planning & Development)
16. Letter dated 4/25/00 to Betsy Cohen, Purchasing (with attached revised certificate of qualification) from John Cathcart-Cathcart Contracting Company re: Bid Award Protest. (cc: BCC, Golden Eagle Engineering)
17. Copy of identical letters dated 4/25/00 from Chairman re: Fla. Priority Water Supply Projects-Alternative Water Supply Funding FY 2001 to the following: Representative Allen Boyd, Representative Bill McCollum, Representative Carrie Meek, Representative John Mica, Representative Corrine Brown, Representative Bill Young, Senator Bob Graham, Senator Connie Mack. (cc: BCC, Co. Manager, Deputy Co. Manager, Environmental Services Director)
18. Letter dated 4/24/00 to Chairman from Sam Loper, President-Lions Club of Sanford re: Public Seating Project. (cc: BCC, Co. Manager, Deputy Co. Manager)
19. Letter dated 4/12/00 to BCC from Charles Suter re: Building moratorium.
20. Letter dated 4/20/00 to BCC (with attached notification) from Diane Pickett, Time Warner Communications re: Customer notification for correction on monthly billings. (cc: Co. Manager, Cable Franchising Coordinator)
21. Letter dated 4/12/00 to Chairman (with attachment) from Henry Dean, Executive Director-SJRWMD re: Surface water treatment. (cc: BCC, Co. Manager, Environmental Services Director)
22. Facsimiles dated 4/24/00 to BCC (with attached) from Susan Eberle re: Thank you for denying project and support for Stormwater funding. (cc: Co. Manager, Deputy Co. Manager, Planning & Development, Stormwater)
23. E-mail dated 4/21/00 to Chairman from Dan Dwyer re: Chapman Road widening. (cc: BCC, Co. Manager, Deputy Co. Manager, Public Works)
24. Copy of letter dated 4/18/00 to Louis Fitzpatrick (with attached correspondence dated 4/7/00) from Mark Bevis, Sr. Engineer-Traffic Engineering re: Markham Woods Road at Long Pond Road. (cc: BCC, Co. Manager, Public Works Director)
25. Copy of letters dated 4/24/00 from Ken Roberts, Public Safety Director re: Appreciation for Donations to the following: Garth Waters, Carole Piggott.
26. Contract for services, as shown on page _______, between Seminole Co. Parks & Recreation and Donna Jones (Softball Umpire-Slowpitch)

1. Letter dated 5/8/00 to BCC from Deborah Shelley, Manager-Wekiva River Aquatic Preserve re: Proposed Seminole Wekiva Trail Realignment. (cc: Co. Manager, Deputy Co. Manager, Planning & Development, Trails Engineer/Major Projects, Larry Nall-OCAMA, Tony Miller-SJRWMD)
2. Letter dated 4/30/00 to BCC (with attached activity report) from Randy Johnson, President/CEO & Kevin Coulthart-Seminole Co. Marketing Manager re: Central Fla. Sports Commission Activities for March)
3. Lynx Monthly Board Meeting Summary – April 2000.
4. E-mail dated 5/8/00 to BCC from Cindy Coto, Deputy Co. Manager re: Upcoming SGTV Projects. (cc: Co. Manager, BCC Executive Assistants, Co. Manager Executive Assistants)
5. Letter dated 5/5/00 to BCC from Mike Hattaway, Chairman-Development Advisory Board re: HTE Programs for Development Activities. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director, Information Services Director)
6. Letter dated 5/3/00 to Chairman from Frederick Nelson-American Liberties Institute re: Summary of legal exposure. (cc: BCC, Co. Manager, Deputy Co. Manager, Co. Attorney)
7. City of Sanford notice of public hearing - 5/18/00. (cc: BCC, Co. Manager, Planning & Development Director)
8. Copy of letter dated 5/3/00 to Ray Valdes, Seminole Co. Tax Collector from Darrell W. Smith, Budget Services Director-Department of Revenue re: Development of FY 00/01 Budget. (cc: BCC, Co. Manager, Fiscal Services Director)
9. Petition, as shown on page ________, dated 5/6/00 to BCC re: Ryland Group rezoning application. (cc: Co. Manager, Planning & Development Director)
10. Petition, as shown on page ________, dated 5/6/00 to BCC re: Opposition to continuance for Ryland rezone application. (cc: Co. Manager, Planning & Development Director)
11. Memorandum dated 5/3/00 to BCC (with attached Final Draft) from Jamie Croteau, Administrative Services Director re: Seminole Co. Jail Needs Study. (cc: Sheriff, Co. Manager, Deputy Co. Manager, Comptroller-Sheriff Office)
12. Letter dated 5/4/00 to BCC from Brent Adamson, Past President-Sanford Seminole Jaycees re: Public Seating Project.
13. Memorandum dated 4/26/00 to Sandy McCann, Recording Secretary from Kathryn Brown, Senior Planner-One Stop Permitting re: Submissions into Official Records. (cc: Co. Manager, BCC, Environmental Services Director)
14. Copy of letter dated 5/1/00 to Mike White from Kevin Grace, Co. Manager re: Reimbursement for lost copies. (cc: BCC, Deputy Co. Manager, Planning & Development Director)
15. Memorandum dated 5/2/00 to BCC from Kathy Fall, Senior Planner re: Ordinance for Student Housing. (cc: Co. Manager, Deputy Co. Manager, Planning & Development Director, Planning Section Chief)
16. Memorandum dated 5/2/00 to BCC, Co. Manager, Assistant Co. Attorney, Comprehensive Planning Manager, Senior Planner-Comp. Planning, Public Works Director, Principal Engineer-Trails (with attached I-4 Pedestrian Overpass Schedule) from Heather Bradshaw-Ells, Principal Planner-Major Projects through John Moore, Major Projects Manager, & Jerry McCollum, Co. Engineer, re: Revised I-4 Pedestrian Bridge Schedule.
17. Copy of memorandum dated 5/3/00 to Kevin Grace, Co. Manager (with attached) from Sandy McCann, Commission Records Supervisor re: Outstanding BCC Documents. (cc: BCC, Clerk of Circuit Court, Co. Finance Director)
18. Letter dated 5/2/00 to Co. Manager (with attached Ordinance 00-977) from Richard Wells, Community Development Director-City of Casselberry re: Annexation. (cc: Planning & Development Director, Property Appraiser)
19. Letter dated 5/2/00 to BCC from Lonnie Groot-Shutts & Bowen re: Patel PCD Rezoning. (cc: Assistant Co. Attorney, Co. Manager, Planning & Development Director, Senior Planner-Zoning, Messrs. Patel, Sid Chehayeb, BCC Records)
20. Letter dated 4/26/00 to Chairman from Brantley Slaughter re: Criminal Activity in Midway area. (cc: BCC, Co. Manager, Sheriff)
21. Memorandum dated 5/1/00 to BCC & Kevin Grace, Co. Manager from Kevin Fall, Planning & Development Administration re: Status Update-Khazei Property. (cc: Planning & Development Director, Development Review Principal Planner)
22. Copy of letter dated 5/2/00 to Ken Wright-Shutts & Bowen (with attached Infrastructure agreement) from Kevin Grace, Co. Manager re: International Parkway extension. (cc: BCC, Public Works Director, Co. Engineer)
23. Newspaper article in The Herald dated 3/19/00 to BCC, Co. Manager, Deputy Co. Manager, Administrative Services Director, Support Services Manager from Sheriff Office re: Broward vendor.
24. Letter dated 4/26/00 to BCC from Glynn Birch, Executive Board President-MADD Central Fl Chapter re: Support of Public Seating Service.
25. Letter dated 5/2/00 to Chairman from Robert Dallari, Chairman-Oviedo City Council re: Approval of revision to TEA-21 Grant. (cc: City Council, City Manager, BCC, Bryan Cobb, Trails Planner)
26. Letter dated 4/21/00 to BCC (with attached 1999 Annual Report) from Diane Pickett, Vice President-Time Warner re: Transmittal of Annual Report. (cc: Co. Manager, Cable Franchising Coordinator)
27. Copy of letters dated 5/1/00 from Ken Roberts, Public Safety Director re: Appreciation for recent donations to the following: June Shellabarger, James Russell.
28. Copy of letters dated 4/26/00 from Suzy Goldman, Library & Leisure Services Director re: Appreciation for recent donations to the following: The Carter Family, Orlando Town Committee of the National Society of the Colonial Dames of America, Helen Nelson, Lisa Malaney, Hill-ROM-North Atlantic Region Employees, Sem. Co. Public Library Staff-Central Branch Library (Ruthanne Flynn), Sem. Co. Public Library Staff-Central Branch Library (Mary McArdle), Jay Switch Family, Mr. & Mrs. Steve Huff, Sylvia Langfitt, James Widdows, Laura & Jenna Capp, Kay Boehart, Sandy Homan, Jeanne Moon, Sherry O’Leary.
29. Contract for services, as shown on page ________, between Seminole County Parks & Recreation and Brian Amberg, II (Scorekeeper, Slow-Pitch).

Commissioner Maloy advised of an emergency meeting of LYNX scheduled for tomorrow.

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Chairman Henley advised that Commissioner Morris will be speaking about Seminole County's economic development and tourism at the Sixth Annual International Summit scheduled for May 16 & 17, 2000.

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Commissioner Morris suggested that in the absence of Commissioner Van Der Weide, the Board assign a delegate to attend any MetroPlan meetings scheduled in order to assure two votes for Seminole County.

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Commissioner Morris briefly discussed the Planning Council and the negotiations for the regional initiative. He advised both Brevard and Volusia Counties favor moving forward in some modified format. He said it is interesting that Brevard, Volusia and the representative from Osceola County have said that Orange County's involvement is not essential.

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Commissioner Morris advised he will be distributing all information and documents with regard to the Selection Panel he served on for the Award for Excellence in Economic Development. Copy of letter from Chester Straub, Jr., U.S. Department of Commerce, to Commissioner Morris was received and filed.

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Chairman Henley advised that the Board is past due on their annual evaluation of the County Attorney; and requested that any comments from individual Commissioners be given to him post haste.

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Chairman Henley advised he will not be in attendance at this evening's meeting as he is making an emergency trip to Tennessee.

Discussion ensued with regard to the number of votes required for the 7:00 p.m. hearing.

County Attorney, Robert McMillan, advised no super majority is required.

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The Board, thereupon, recessed at 2:06 p.m., reconvening at 7:03 p.m., this same date with all Officials, (with Chairman Henley being absent), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.

Vice Chairman Maloy stated all of the members of the Lake Mary High School Color Guard are not in attendance and this item will be delayed until after the first public hearing item.

Continuation of a public hearing to consider request to rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling); property located on the east side of Lake Emma Road between Emma Oaks Trail and Longwood Hills Road, as described in the proof of publication, The Ryland Group.

District Commissioner Morris advised that the applicant has requested that this item be withdrawn. A copy of the letter requesting the withdrawal was received and filed.

Upon inquiry by Commissioner Morris, Robert McMillan advised the item has been withdrawn, therefore, the Board does not need to make a motion to withdraw.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request to Rezone from C-2 (Retail Commercial) to PCD (Planned Commercial Development); approve the development order placing staff requested conditions upon the rezoning approval, and approve the proposed preliminary PCD site plan for the subject property; located on the east side of CR 419 between 5^th Street and 7^th Street, Chuluota, Milan Patel and Mukesh Patel, received and filed.

Gary Schindler, Senior Planner, addressed the Board to advise staff has received an e-mail (received and filed) this morning from Mr. Lonnie Groot with some additional conditions. He stated he has submitted a revised development order (received and filed) incorporating these conditions. He said staff has reviewed these conditions and they have no problem with them. He displayed a revised zoning overlay (received and filed) showing the zoning of the subject property. He stated this plan differs very slightly from the one that is incorporated into the package. The plan primarily shows the connection between the parking lot and internal roadway and that is the primary difference between the plan in the package and the proposed plan just submitted. He added staff has reviewed the proposed PCD zoning and recommends approval of the request.

Upon inquiry by Vice Chairman Maloy, Mr. Schindler advised the applicant has met with the residents and they have come to an agreement relative to the architectural facade of the proposed property. This facade does incorporate standards from the Chuluota Nonresidential Design Standards.

Upon further inquiry by Vice Chairman Maloy, Mr. Schindler advised he spoke with Florida Utilities to verify that the utilities located on 7^th Street is a combination of a water site and water treatment facility. The applicant has revised the plan so that the underground tanks and the pumps are outside the 500-foot radius. The pump island is just outside the 500 foot requirements and the underground tanks are about 545 feet.

Lonnie Groot, Shutts & Bowen, addressed the Board to state he is here representing the owners of the property. He introduced the following: property owners Milan and Mukesh Patel; Professional Architect Scott Raymond, and Professional Engineer Sid Chehayeb. He discussed how his firm worked with the community and stated he would like to give the Board some reassurance on the underground storage tanks. He submitted the following into the Record: Decision of the 5^th District Court of Appeal filed 3/28/00 involving Thomas Binford vs Seminole County BCC; a transcript of an oral argument before a three judge panel relative to the same matter; a letter dated 2/21/97, signed by Ginny Markley to Mr. Binford advising him that his appeal had been denied; and a letter dated 2/12/97 to Mr. Amin advising that the appeal had been denied; a transcript of the BCC hearing dated 2/11/97 appealing the decision of the Board of Adjustment (BOA); a copy of Development Order #97-057 showing approval of the special exception applied for by the Amin brothers; minutes of the 2/11/97 BCC meeting relating to the BOA appeal; a petition of 118 signatures that was introduced by Mr. Weinberg at the 2/11/97 BCC meeting; agenda and backup information relating to the 2/11/97 BCC hearing; agenda information relating to the 12/16/96 Mr. Amin’s BOA hearing; and agenda memorandum dated 1/6/97 relating to the access point on SR 419.

Mr. Groot stated he feels the site plan indicates that the current property owners have made this a quality development and have addressed the concerns of the community. He stated the e-mail that he sent is based upon the last of a series of meetings that he had with the residents of Chuluota and numerous concessions were made. He submitted a survey (received and filed) of the property clearly showing that the proposed underground storage tanks will be located in accordance to State law. He also submitted pamphlets (received and filed) showing the type of storage tanks and materials that will be used, and he briefly reviewed same. He said the property is now zoned C-2 and there is a whole list of uses that could be permitted on the site at this time. He stated he believes that this is a well-planned use and he appreciates the Board’s support on this request. A site plan of the proposed request was received and filed.

Upon inquiry by Vice Chairman Maloy, Mr. Groot advised the owners to the east and southeast will have access into the parking area of the PCD and likewise they will have access into the shopping center through the PCD.

Sid Chehayeb, Civil Engineer, addressed the Board to explain for Commissioner Maloy how the access will be connected.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-104, as shown on page _________, commending the Lake Mary High School Color Guard upon receiving the Gold Medal in the Finals Competition at the National Championship in Dayton, Ohio.

Districts 1, 2, and 5 voted AYE.

The Board presented the Resolution to a representative of the Lake Mary High School Color Guard and she expressed her appreciation.

Walter Cutler, 1810 So. CR 419, addressed the Board to advise he is the Vice President of the Southeast Seminole Voters Association. He stated there have been numerous community meetings with the applicant and the number one issue discussed was the potential pollution of the water supply. The Chuluota Design Standards has not been approved by the Board to date and the residents want to make sure that this request will meet that standard. The architect has been very cooperative in making this request meet the proposed design standards. He said he would like the canopy over the pumps to be the same design to match the building. He displayed a picture (received and filed) of the proposed building and advised the residents in Oviedo would like the canopy to match the surrounding building as opposed to the Citgo station in Lockwood. He added he would like the lights underneath the canopy be recessed so that they shine directly down and not glow across the street. There have been concerns with regard to electrical contention wires being so close to a gas station and access across the Florida Trail. He stated he would like someone to address the issue of whether or not the 660-ft. separation between 5^th and 7^th Streets entrance will be met. He added there have been discussions relative to the retention area and what kind of plan they will have for contaminated runoff.

Sean McCarthy, 837 Nocturne Dr., addressed the Board to address the safety issues of the trail around the site. He stated this development is much more intense and has a lot more square footage. He submitted a document showing the distance between the roads and he stated it barely meets the distance of 660 ft. required by FDOT. The proposed new road will not line up with the road across the street. There is definitely a traffic issue and this should be addressed. Sewer or septic service is not on the site plan and a lift station should be located somewhere near that area. He submitted parcel information and maps (received and filed) showing the downtown swimming hole, the site, and commercial, multi-family and residential areas. He submitted a tree inventory of the lot and he stated according to the site plan most of the trees will have to be destroyed and he would like to save them if at all possible. Pictures of the surrounding area and trail were received and filed. He stated the Board has an opportunity tonight to preserve the nature trail, dedicate a community center and enhance the quality of life. He said the abandoned section of the East Coast railway was dedicated to the State of Florida and to Seminole County for the public good. This property runs in front of the applicant’s property and a surveyor’s document indicates that there is more property that the County owns and they may not be aware of this. He stated moving the trail to a state road highway is not a good idea and he submitted a map (received and filed) showing the old trail and the proposed new trail. He stated 500 ft. of vehicular trail will be added as well as a horse and pedestrian trail, and by adding five entrances to this big facility is not the proper way to dedicate a multi-use trail. The trail should be on the community side of the traffic and the traffic should be on the traffic side. He said he talked to Billie Meiser of the Property Appraiser’s office, who is an expert person to plot out the legal description of a map, and she indicated that if this is his property, he should contact an attorney that handles land disputes. He displayed a map (received and filed) showing in red Exhibit A and Exhibits B and C showing a 175-ft. wide strip. He said there is a 25-ft. strip on the west side that is owned by Seminole County (indicated by the QuitClaim Deed submitted), and the other side is a 50-ft. wide area which is currently being used by the Trail Association. He stated he feels the Board should obtain a surveyor to find out what they own in the area. He encouraged the Board to look beyond the boundaries when they make their decision and to show the developer that the trail is an asset to the community and not something to be pushed aside.

Bob Witmer, 695 Riverwood Trail, addressed the Board to state he is basically pleased with the way this has worked out in terms of the interaction of the developers. He stated this is the first time that the developers have listened to the community concerns. He said he is in support of the project because it is in the center of town. He added the one reservation he has is moving the trail. He stated he feels they should work around the trail and try to incorporate it into this project. He continued by stating he would hope that the use for apartments will be excluded from this project and this should be placed in the development order. He stated if a Board member makes a motion to approve this, he would like the motion maker to indicate the restrictions on the types of commercial development in that motion.

Kathleen Corbett, 118 E. 8^th St., addressed the Board to state she feels that 502 feet is a little too close for comfort because she lives on the other side of the public well. She stated the design of the building is very pretty and it will fit in very nicely, but her main concern is the water. She expressed her concerns with the school kids having to stand along the road to catch the school bus and additional traffic traveling down this road.

Vice Chairman Maloy stated the following Written Comment Forms were submitted: Rita Fuston; Math & Jan Laikask; and Bob Witmer.

No one else spoke in support or in opposition.

Speaker and Written Comment Forms were received and filed.

Upon inquiry by Commissioner Maloy, Amanda Smith, Planner, addressed the Board to advise Mr. Chehayeb met with staff several times relative to the trail issues and staff felt that Mr. Chehayeb’s willingness to help out the trail program was more than appropriate for that area. She stated staff doesn’t believe there will be too many negative impacts on the trail.

John Dwyer, Section Chief, addressed the Board to advise staff is interested in preserving as many specimen trees onsite as they possibly can and that issue will be addressed in more detail during the engineer and site plan specific issues.

Upon inquiry by Commissioner Morris, Mr. Schindler advised 36.8% green space is on the plan and the revised plan does not significantly reduce that green space.

Commissioner Morris recommended doing a trade-off in some areas of the total green space requirements versus trying to preserve some of the major trees.

Mr. Dwyer stated staff is willing to work with the applicant in trying to preserve the specimen trees as well as the drip line. Before that can be done, a survey and engineering information is needed. He stated that an avenue that staff can explore is to do a trade-off to delete some parking spaces to save specimen trees.

Commissioner Morris stated he feels the Board needs to see the caliber of the trees and the type of specimens that are being preserved.

Upon inquiry by Commissioner Maloy, Mr. Dwyer advised apartments are not allowed in a PCD use.

Upon further inquiry by Commissioner Maloy, Mr. Schindler advised the project will have adequate potable water to serve this facility. If they don’t, the final site plan will not be approved.

Mr. Dwyer informed Commissioner Maloy that a containment system is required when gas pumps are in operation.

Mr. Schindler addressed the separation requirement for Commissioner Morris.

Mr. Groot stated the issue of preserving the specimen tree is specified in the development order.

Scott Raymond, Projects Director for Arts Solution Architects, addressed the Board to state with regard to the canopy issue, if it is at all possible to match it with the building, they would be more than happy to do that.

Commissioner McLain stated the requirement of having a matching facade to the roof can be included in the development order. He stated he feels that the lights underneath the surface should be recessed.

Mr. Raymond advised he would agree to Commissioner McLain’s recommendation.

Commissioner Morris stated he would like to make sure that the applicant doesn’t make any future changes to the design standards.

Upon inquiry by Commissioner Morris, Mr. Raymond advised he has no problem with directional recessed lighting.

Mr. Schindler advised that is a condition on the site plan and that condition can be added to the development order.

Mr. Groot pointed out that the development order references that the lighting shall not exceed 16 ft. He submitted a map (received and filed) from the Property Appraiser’s office in reference to the survey issue that Mr. McCarthy referred to. He advised that many, if not all, of the things decided in the Amin case carry forward and basically bind the Board relative to some of the decisions.

Mr. Chehayeb stated the Florida Water Services is willing to provide water service to the site. He submitted a copy of a letter from Florida Water Services advising of service availability into the Record. He stated septic service was available on the site, but it was taken out because they felt that service is there from the sewer service. A line may be in front of the site and if not, a lift station will be available.

Upon inquiry by Commissioner Morris, Mr. Dwyer advised staff could require the applicant to bring the elevations back during the final site plan.

A picture of the proposed building was received and filed.

District Commissioner Maloy stated he feels that this project is a major improvement of what was proposed earlier and it is an asset to the community. He stated he would recommend approval of the rezoning with staff’s recommendations, approval of the development order including the following conditions: staff to review the specimen trees onsite and work with the applicant to preserve as many as possible and that issue will come back to the Board during the final site plan, require that the gas island be architecturally similar and match the facade of the convenience store, the lighting to be recessed and directional, and the elevations will come back during the final site plan. He stated the motion should clarify that the additional conditions worked out with the neighbors are included in the revised development order. He also recommended approval of the PCD site plan.

Motion by Commissioner Morris, seconded by Commissioner McLain to adopt Ordinance #2000-25, as shown on page _________, to rezone to PCD, property located on the east side of CR 419 between 5^th Street and 7^th Street, Chuluota; approve Revised Development Order, as shown on page _________, placing staff requested conditions upon the rezoning; and approve the proposed Preliminary PCD site plan for the subject property, as amended, subject to the elevation coming back during the final site plan; as described in the proof of publication, Milan Patel and Mukesh Patel.

Districts 1, 2, and 5 voted AYE.

No report.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:20 p.m., this same date.

ATTEST________________________Clerk_____________________Chairman

cc/sm/er